HomeMy WebLinkAbout1993-04-27; City Council; 12194; Aviara Affordable Housing Development Agreement\B # J!iz$H-
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IEPT. PLN
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CIT\ 3F CARLSBAD - AGENt- BILL $$
TITLE: PUBLIC HEARING ON AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
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IECOMMENDED ACTION:
ADOPT Resoluti issued by the APPROVING the
.on No. q?- \\q Planning Director'and Resolution No. APPROVING the Negative D_eclgaration 93 IA I Aviara Affordable Housing Development Agreement (DI 92-05).
This item is a request to approve an Affordable Housing Development Agreement between the City of Carlsbad and the Aviara Master Plan developer to provide for the accelerated development of the Master Plan's share of affordable, lower-income housing units.
On September 1, 1992, the City Council approved an agreement with the developer of the Aviara Master Plan to provide the Master Plan's share of affordable, low-income housing in compliance with the recently- updated Housing Element. The requirement to enter into an affordable housing agreement was a condition of approval of the subdivision map for Phase II of the Master Plan. By entering into the agreement, the developer accepted a 15% inclusionary housing requirement although the ordinance to specifically mandate the requirement was not yet in place. The result is that a minimum of 160 units of lower income housing will eventually be provided as development occurs in the Master Plan area.
An alternative contained in the previous agreement approved by the City Council which was supported by staff and the Council at that time provides for the accelerated development of the minimum required 160 lower income units. Under normal inclusionary housing requirements, the affordable units could be built in increments in proportiontothe number of market-rate units being built. Under the alternative, all of the minimum required 160 units for the buildout of the Master Plan would be provided upfront at one time rather than incrementally over an extended period of time.
The developer has now indicated that he intends to pursue this alternative. The units could be constructed within three years under this alternative. If they were built incrementally in conjunction with market-rate units as allowed by the City's inclusionary requirements, it could take ten to fifteen years to secure that many lower income units. In return for the accelerated development and as provided for in the previous agreement approved by the City Council the developer is now requesting the City approve an affordable housing development agreement. The proposed development agreement is attached as Exhibit 3. Approval of the agreement is authorized by Chapter 21.70 of the Municipal Code.
The proposed development agreement has been reviewed for conformance with the Municipal Code and for a determination on the benefits it provides to the City and to the developer. The detailed analysis of these items is contained in the attached staff report to the Planning Commission (Exhibit 4). Staff believes that the alternative of having
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the developer provide 160.units of affordable housing at one time on an accelerated schedule is a significant benefit to the City in terms of complying with its Housing Element. It is reasonable and appropriate for the developer to request a developmentagreementwhich would protect him from future changes in affordable housing requirements in return for the benefit the City derives. Finaliy, the development agreement complies with all applicable provisions of Chapter 21.70 of the Municipal Code.
The approval of the development agreement was unanimously supported by the Housing and Redevelopment Advisory Committee and was unanimously recommended for approval by the Planning Commission.
On February 3, 1993, the Planning Commission recommended approval of the Negative Declaration issued by the Planning Director. Approval of the Affordable Housing Development Agreement will not have any adverse impacts on the environment.
FISCAL IMPACT
None. The City is not committing-to any financial incentives as a direct result of the approval of an affordable housing development agreement.
1. City Council Resolution No. 93-1 Ic7
2. City Council Resolution No. cl?-1x0 3. Affordable Housing Development Agreement 4. Staff Report to Planning Commission dated January 20, 1993 5. Planning Commission Resolution Nos. 3488 and 3489 6. Excerpts from Planning Commission Minutes dated February 3, 1993
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RESOLUTION NO. 93-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ANEGATIVE DECLARATION FOR AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTEk PLAN DEVELOPER. CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO: DI 92-05
WHEREAS, pursuant to the provisions of the Municipal
Code, the Planning Commission did, on February 3, 1993, hold a.
duly noticed public hearing as prescribed by law to consider said
request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, examining the initial
study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission
considered all factors relating to the Negative Declaration: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings and conditions of the Planning
Commission Resolution No. 3488, on file with the City Clerk and
incorporated herein by reference constitute the findings of the
City Council in this matter and that the Negative Declaration is
hereby approved.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the
27th day of April I 1993, by the following vote, to
wit:
ATTEST:
AYES: Council Members Lewis, Stanton, Nygaard and Finnila
NOES: None
ABSENT: Council Membe
ALETHA L.
(SEAL)
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RESOLUTION NO. 93-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE AVIARA MASTER PLAN DEVELOPER TO ' PROVIDE FOR THE ACCELERATED DEVELOPMENT OF AFFORDABLE LOWER-INCOME INCLUSIONARY HOUSING UNITS. CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT CASE NO: DI 92-05
WHEREAS, the Planning Commission did on February 3, 1993
hold a duly noticed public hearing as prescribed by law to
consider an Affordable Housing Development Agreement DI 92-05: and
WHEREAS, the City Council of the City of Carlsbad, on
April 27, 1993 I held a duly advertised public hearing to
consider said development agreement, and at that time received the
recommendations, objections, protests, comments of all persons
interested in the development agreement; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City
Council of the City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Aviara Affordable Housing Development
Agreement is approved according to Exhibit 3 dated January 20,
1993, attached hereto and that the findings of the Planning
Commission as set forth in Planning Commission Resolution No.
3489, on file in the Planning Department and made a part hereof
are the findings and conditions of the City Council.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, on the
27th day of April , 1993, by the following vote, to
wit:
AYES: Council Members Lewis, Stanton, Nygaard and Finnila
NOES: None
ABSENT: Council Member
ATTEST:
(SEAL)
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EXHIBIT 3
JANUARY 20,1993
AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
THIS AFFORDABLE HOUSING DEVELOPMENT AGREEMENT (the l@AgreementN) -is entered into as of 1992, .by and between AVIARA LAND ASSOCIATES LIMITED PARTNERSHiP, a Delaware limited partnership ('lAviaratq) and the CITY OF CARISBAD, a municipal corporation (l@Citytl), facts: with reference to the following
A. This is a Development Agreement entered into pursuant to California Government Code Sections 65864 through 65869.5.
B. City has enacted Chapter 21.70 of the Carlsbad Municipal Code, establishing procedures and requirements for the consideration of development agreemerits and setting forth the purposes and procedures for entering into development agreements.
C. fiviara Project Aviara is the developer of certain real property located'in the City of Carlsbad, California (the nAviara Projecttl) and which Aviara Project is the subject of certain development approvals received from City including without limitation: The Master Plan approved by City on December 22, 1987, Resolution No. 9322 and Ordinance No. 9839, as amended: final subdivision maps for the first phase portion of the Aviara Project, which final maps were recorded in the Official Records of the County of San Diego, California, on June 29, 1989: Amendment to the Master Plan with respect to Phase II of the Aviara Project approved by City on February 19, 1991, Resolution No. 91-60 and Ordinance No. NS-140, as amended: -and Tentative Subdivision Map (C.T. 89-37) approved for portion of Phase XI of the Aviara Project by Resolution No. 91-60, adopted by the City on February 19, 1991.
D. &riara w. The Aviara Project consists .of three planning phases within each of which are numerous "Planning Areas." Certain residential Planning Areas have been sold or otherwiss transferred by Aviara to Merchant Builder Entities snd certain non-residential Planning Areas have been transfirrsd to a hotsl/golf resort development partnership. Those ruidmtial Planning Areas of the Aviara Project which, as of the date first written above, are owned by Aviara or related entity ara referred to herein as the “Aviara Land," which includes Planning Areas 3, 13, 15 and 17 through 30, inclusive, and which is described with more particularity On Exhibit "A" attached hereto. The term "Aviara Land" shall alSO include any other residential Planning Area of the Aviara Project which, after the date first written above, reverts to
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the ownership of or otherwise becomes owned by Aviara or related entity.
E. The parties agree that this Agreement shall bind City and Aviara, and any purchaser, assignee, transferee or successor-in-interest as to any portion of the Aviara Land. The parties agree to execute and record against the Aviara Land such memoranda of this Agreement as may be necessary to provide notice of this Agreement to all such parties.
F. On September -, 1992, Aviara and City entered into that certain Aviara Master Plan Agreement for Inclusionary Housing, pursuant to duly noticed public hearing (the "Aviara Inclusionary Housing Agreement"). The parties have recognized that, if Aviara elects to proceed under and satisfies the special conditions set forth in Section 3.2.2(b) thereof ("Accelerated Affordable Housing@@), Aviara would be providing a substantial amount of Affordable Housing which will be of significant benefit to City,- and that Aviara would be doing so substantially in advance of the required timetable for the production of affordable housing in accordance with the otherwise applicable Inclusionary Housing Requirements (as therein defined). The parties recognize that, if Aviara so proceeds, Aviara would be incurring substantial costs and taking substantial risks. It is the intent of the parties that, if Aviara so proceeds, it should be entitled to protection in the form of benefits conferred by this Agreement.
G. On 1992, the City Council of City held a duly noticed public h;aring concerning this Agreement and adopted Ordinance No. the ("Enacting Ordinance") enacting this Agreement aits legislative act, found this Agreement to be consistent with the City General Plan and the Local Coastal Plan for the City as certified by the California Coastal Commission.
H. In consideration of the substantial public improvements and benefits to be provided by Aviara electing to proceed pursuant to the Accelerated Affordable Housing, and in order to encourage Aviara to so elect, and in order to strengthen the public planning process and reduce the economic costs of development, and to reinforce the City's growth managmt plan, and to further the interest of City in obtaining the production of Affordable Housing on an accelerated basis, all of which will be of benefit to the City and its residents, by this Agreement City intends to give Aviara assurance that Aviara can complete the Project in accordance with the terms of this Agreement and without regard to the impact of future initiatives, moratoria or other ordinances or actions affecting the rate, timing or sequences of development. In reliance upon City's covenants set forw1 in this Agreement concerning the development of the Aviara Land,
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. Aviara has and will in the future incur substantial costs in complying with the extra conditions pursuant to the Accelerated Affordable Housing. Such compliance and the City's expectations constitute consideration for this Agreement and but for said commitments on the part of City, Aviara would not enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows:
1. Prone&v Subject to Aareement Aviara Land shall be subject to this Agreement. All of the The parties hereto intend that the provisions of this Agreement shall constitute covenants which shall run with the Aviara Land and shall bind and inure to the benefit of all successors in interest to the parties hereto.
2. m. The term of this Agreement shall commence on the effective date of the Enacting Ordinance and shall expire on the tenth anniversary thereof, unless extended or sooner terminated as hereinafter provided. Upon request by Aviara, the City Council may by resolution, without the necessity for an additional ordinance or public hearing, grant one or more extensions, each for a term not to exceed the length of the original term hereof, on condition that the City Council finds all of the following: (i) Aviara is meeting or has met its obligations under this Agreement; and (ii) in light of all the circumstances, including without limitation the benefits which the City has received from the performance by Aviara with respect to the Project referred to in Recital H above, it is in the'public interest to continue the Agreement.
. 3. Aviara's Condition Precedent Notwithstanding the commencement of the term of this Agreemint, Aviara shall not be entitled to the benefit of this Agreement until and unless the condition referenced in this Section 3 (the V8Condition Precedent") has been satisfied. The Condition Precedent shall be both (i) the election by Aviara to proceed under the special conditions for Accelerated Affordable Housing set forth in Section 3.2.2(b) of the Aviara Inclusionary Housing Agreement, and (ii) the performance by Aviara to satisfy 8uch special conditions.
4. protection for Avim. Subject to satisfaction of the Condition Precedent as specified in Section 3 above, Aviara shall be entitled to the following protection as specified in this Section 4:
4.1. Should an ordinance or other measure be enacted after September 1, 1992 (the date of the public hearing at which the Aviara Inclusionary Housing Agreement was approved
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by City) and prior to expiration or termination of the term of this Agreement, whether by action of the City Council, by initiative or otherwise, having to do with or pertaining to (in whole or in part) the subject matter of Low Income Housing or Very Low Income Housing (as defined in the Aviara Inclusionary Housing Agreement), and which relates to or by its effect but for this Agreement would restrict the rate, timing or sequences of the development or construction of all or any parts of the Aviara Project, City agrees that such ordinance or other measure shall not apply to the Aviara Project. Other than the foregoing, the Project shall be subject to the effect of any future amendments to or changes in the rules, regulations, ordinances and official policies of City.
4.2 The review otherwise specified by Section 4.2 of the Aviara Inclusionary Housing Agreement shall not occur until the tenth anniversary of the effective date of such agreement: provided, however, that nothing contained in this Agreement shall be deemed to waive or affect in any way the City's rights relating to periodic review of development agreements pursuant to Section 21.70.140 et seg,.of the Carlsbad Municipal Code.
5. . Pemltted D elavs Performance by either party of its obligations under this Agreement shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing or other labor disputes, shortage of materials or supplies, damage to work in progress by reason of fire, floods, earthquake or other casualty, restrictions imposed or mandated by governmental or quasigovernmental entities, enactment of conflicting laws, litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The term of this Agreement and the time deadline for such performance shall be extended by the period of any such delay.
6. DP .
6.1 .JZvents of Default. Subject to any extension8 of time by mutual consent of the parties, and subject to the provisions of Section 5 above regarding permittti delays, any failure by either party to perform any material term or provision of this Agreement shall constitute an event of default ("Event of Default") (i) if such defaulting party does not cure such failure within thirty (30) days following its receipt of notice of default from the other party, where such failure is of a nature which can be cured within such thirty (30) day period, or (ii) if such failure is' not of a nature which can be cured within such thirty (30) day period, the defaulting party does not within such thirty (30)
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day period commence substantial efforts to cure such failure and diligently prosecute the same to completion. Any notice of default given hereunder shall specify in detail the nature of the failure in performance which the noticing party claims constitutes the Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement or institution of legal proceedings with respect thereto.
. 6.2 Bemedies Upon the occurrence of and failure to timely cure an E&t of Default, the nondefaulting party shall have the right, in addition to all other rights and remedies available at law or in eguity, to bring any proceeding in the nature of specific performance, injunctive relief, mandamus or in equity as may be permitted by the laws then in effect or this Agreement regarding the defaulting party's failure to perform its agreements, obligations or undertakings hereunder. In addition, upon the occurrence of and failure to timely cure an Event of Default, the nondefaulting party shall have the right to terminate this Agreement.
7. . Transfers.
. 7.1 Piuht to Assrcq right to sell, mortgage, hypothecat;, Aviara shall have the assign or transfer ("Transfer") the Aviara Land in whole or in part to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement. In connection with any such Transfer, Aviara shall also have the right likewise to Transfer its rights under this Agreement as pertain to the Aviara Land or the applicable portion thereof.
7.2 It is understood and agreed by the parties that a portion of the Aviara Land has been subdivided and that remaining portions of the Aviara Land may be subdivided after the effective date of this Agreement. One or more such subdivided parcels may be Transferred to persons for development by them in reliance upon the provisions of this Agreement. The obligations of Aviara and any such transferees
are sevual and not joint. Noncompliance by any such transfer- with the terms and conditions of this Agreement or with applicable City rules and regulations shall not be deemed to be a default hereunder or grounds for termination hereof, or constitute cause for the City to initiate enforcement action against other persons then owning or holding interest in the
Aviara Land or any portion thereof, and not themselves in default hereunder.
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8. This Agreement may be canceled, modified or amended by mitual consent of the parties in writing in the manner provided for in Section 21.70.120 of the Carlsbad Municipal Code, or by the City in the manner provided for in Section 21.70.160 or in Section 21.70.190 of the Carlsbad Municipal Code. In the event of termination, the provision of Sections 21.70.170 and 21.70.180 of the Carlsbad Municipal Code shall apply.
9. . s Any notice 'to either party shall be in writing and given by dilivering the same to such party in person or by sending the same by registered or certified mail, return receipt requested, with postage prepaid, to the party's mailing address set forth below:
If to Aviara, then to:
D.L. Clemens Hillman Properties West, Inc. 2011 Palomar Airport Road Suite 206 Carlsbad, California 92008
With a copy to:
Sheppard, Mullin, Richter & Hampton 501 West Broadway, 19th Floor San Diego, California 92101 Attn: Christopher B. Neils
If to City of Carlsbad, to:
City Manager City of Carlsbad City Hall 1200 Elm Avenue Carlsbad, California 92008
Either party may change its mailing address at any time by giving written notice of such change to the other party in the manner provided herein. All notices under this Agreement shall be deemd given, received, made or communicated on the date personal dalivery is effected or, if mailed, on the delivery date or attempted delivery date shown on the return receipt.
10. -a Agreement. This Agreement and the Exhibits attached hereto contain the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or
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representations are superseded by this Agreement and the Exhibits attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
AVIARA LAND ASSOCIATES LIMITED a Delaware limited partnership
BY Aviara Land Company, a Partner
set forth above.
PARTNERSHIP,
Delaware corporation, General
BY
BY Republic Development Company, General Partner
BY
CITY OF CARLSBAD, a Municipal corporation
BY Claude A. Lewis, Mayor City of Carlsbad
APPROVED AS TO FORM:
Ronald R. Ball, City Attorney
ATTEST:
a California corporation,
Aletha L. Rautenkranz, City Clerk
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State of California
County of ; ss. 1
On , before me, a notary public in and for said state, personally appeared ?
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments.
WITNESS my hand and official seal.
Signature (Seal)
State of California ' ) ) ss. County of 1
On , before me, I a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instruments.
WITNESS my hand and official seal.
Signature (Seal)
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State of California
County of
1 ) ss. 1
On , before me, . I a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and- acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instruments.
WITNESS my hand and official seal.
Signature
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EXHIBIT 4
PLANNING AREA 3 LEGAL DESCRIPTION
Lots 101 through 126 of Carlsbad Tract 85035C according to map thereof No. 12411, in the City of Carlsbad, County of San Diego, State of California.
PLANNING AREA 13 LEGAL DESCRIPTION
Lots 234 Through 301 of Carlsbad Tract 85-35D according to map thereof No. 12412, together with Parcels 3 and 4 of Carlsbad Minor Subdivision 834 according to Parcel Map thereof No. 16451, all in the City of Carlsbad, County of San Diego, State of California.
PLANNINGAREA LEGAL DESCRIPTION
Parcel 6 of Carkbad Minor Subdivision 834 according to parcel map thereof No. 16451, in the City of Carlsbad, County of San Diego, State of California.
PHASE II
PLANNING AREAS 25 - 30
LEGAL DESCRIPTION
BEING A SUBDIVISION OF A PORTION OF SECTIONS 27, 28, 33 AND 34 ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID SECTION 27, DISTANT THEREON SOUTH 0.34'09" WEST 230.98 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT ALSO BEING TEE INTERSECTION
OF SAID WESTERLY LINE AND THE SOUTHERLY LINE OF TEAT CERTAIN EASF.ME?JT FOR PUBLIC ROAD RECORDED IN THE OFFICE OF TBE COUNTY RECORDER OF SAN DIEGG COUNTY, JUNE 29, 1989 AS FILE ND. 89-345765 OF OFFICIAL RECORDS: THENCE ALONG THE SOUTHERLY AND SOUTHWESTERLY LINE OF SAID EASEMENT, NORTH 72'47'00" EAST 161.47 FEET TO THE BEGINNING OF A TANGENT 25.00 FOGT RADIUS CURVE CONCAVE SOUTHWESTERLY: THENCE NORTHEASTERLYJ EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE 40.36 FEET THROUGH A CENTRAL ANGLE OF 92'30'00"; THENCE TANGENT To SAID CURVE SOUTH 14'43'00" EAST 689.57 FEET To THE BEGINNING OF A TANGENT 901.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY;THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE 1135.38 FEET TEROUGH A CENTRAL ANGLE OF 72'12'00"; THENCE TANGENT TO SAID CURVE SOUTH 86'55'00" EAST 217.41 FEET TO THE MOST NORTHERLY CORNER OF CITY OF CARLSBAD TRACT NO. 85-35 (AVIARA PHASE 1 - UNIT E), ACCORDING To MAP TEEREGE' NO. 12413, PILED IN THE OFFICE OF THE COUNTY RECORDER, JUNE 29, 1989; THENCE ALONG THE WESTERLY BOUNDARY THEREOF SOUTH 47'1O'SO" WEST 350.89 FEET: THENCE SOUTH 40'43'12" WEST 605.23 FEET; TBtlocE SOUTE 17'45'00" EAST 846.44 FEET; THENCE SOUTH 16'45'00" WEST 112.44 FEET: THENCE SOUTH 12'58'00" EAST 1804.79 FEET; THENCE SOUTH 31'Sl'OO" EAST 700.07 FEET; THENCE SOUTH 6.33'30" -T 495.49 FEET; THENCE SOUTB 14'29'30" WEST 519.43
FEET To AN ANGLE POINT TEEREIN, SAID POINT ALSO BEING A POINT IN THE AGREED BOUNDARY OF THE TITLE SETTLEMENT AND EXCHANGE AGREEMENT AND CONVEYANCE OF PUBLIC ACCESS EASEMENT, RECORDED
JUNE 10, 1988 AS FILE NO. 88-278452 OF OFFICIAL RECORDS: THENCE ALONG SAID AGREED BGUNDARY.NORTH. 20'30'00" WEST 117.43 FEET: THENCE NORTH 85'00'00" WEST 71.00 FEET: TEENCE SOUTH 25'30'.00" WEST 223.00 FEET: TEENCE SOUTH 10'4S'OO" EAST 53.00 FEET: THENCE SOUTH 33'30'00" WEST 146.00 FEET: THENCE SOUTH 55'30'00" WEST 52.00 FEET: THENCE SOUTH 77'30'00" WEST 358.00 FEET: THENCE SOUTH 55'10'00" WEST 167.00 FEET: THENCE SOUTH 75'58'00" WEST
42.00 FEET; THENCE NORTH 83'56'00" WEST 117.00 FEET; TRENCE NORTH 73'50'00" WEST 99.00 FEET: THENCE NORTH 79-50'00" WEST 147.00 FEET: THENCE NORTH 74.10'00' WEST 190.00 FEET; TEENCE NORTH 68*56'02" WEST 346.00 FEET: THENCE NORTH 73.16'26" WEST 174.03 FEET: THENCE NORTH 84'00'00" WEST 124.00 FEET; THENCE SOUTH 78'00'00" WEST 447.00 FEET: THENCE NORTH 83'00'00" WEST 123.73 FEET: THENCE NORTH 32.17'46' WEST 561.76 FEET; THENCE NORTH 69-15'09' WEST 228.25 FEET TO A POINT ON THE WESTERLY LINE OF THE EAST BALF OF THE NORTHEAST QUARTER OF SAID SECTXON 33, DISTANT THEREON SOUTH 0.43'34" EAST 788.20 FEET FROM THE NORTHWEST CORNER OF SAID EAST BALF, AS SAID POINT IS SHOWN ON RECORD OF SURVEY MAP NO. 10774, FILED IN THE OFFICE OF SAID SAN DIEGO COUNTY RECORDER, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY NO. 10774, NORTH 0.43'34" WEST 788.20 FEET: THENCE NORTH 0'31'09' EAST 1357.67 FEET; THENCE SOUTH 89'08'21" EAST 1358.22 FEET; THENCE NORTH 23'17'49" EAST 157.02 FEET: THENCE SOUTH
83.48’32” EAST 182.90 FEET; THENCE NORTH 63'48'24" EAST 118.59 FEET; THENCE NORTH 46'13'59" EAST 66.87 FEET: TBENCE NORTH 21'18'51" EAST 78.99 FEET; THENCE NORTH 14'41'04" WEST 271.89' FEET; THENCE NORTH 26'24'56" WEST 112.98 FEET: THENCE NORTH 44'10'38" WEST 189.09 FEET; THENCE NORTH 36'53'26" WEST 81.01 FEET: THENCE NORTH 17'21'54" WEST 96.54 FEET: THENCE NORTH 7.59'33' WEST 108.38 FEET; THENCE NORTH 3.53'04' FAST 180.75 FEET: THENCE NORTH 35'32'01" WEST 142.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 28; THENCE CONTINUING ALONG SAID BOUNDARY LINE NORTH 0'34'09" EAST 2485.34 FEET TO THE POINT OF BEGINNING.
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PHASE III - AVIARA PLANNING AREAS 17 - 23 LEGAL DESCRIPTION
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 22, THE NORTH HALF OF SECTION 27, ALL IN TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT
THEREOF, AS SHOWN ON RECORD OF SURVEY NO. 10774, RECORDED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, OCTOBER 30,1986
AS FILE NO. 86-494180 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL THAT PORTION OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 22, CONVEYED TO THE CITY OF CARLSBAD BY THAT CERTAIN GRANT DEED (PARK SITE), RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, JUNE 29,1989 AS FILE NO. 89-345769 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS OF THE NORTH HALF OF SAID SECTION 27, LYING WITHIN THOSE MAPS KNOWN AS CITY OF CARLSBAD TRACT 85-35, AVIARA PHASE I, UNITS A B, C, D AND E,
ACCORDING TO MAPS THEREOF NOS. 12409, 12410, 12411, 12412 AND 12413
RESPECTIVELY, FILED JUNE 29, 1989.
ALSO EXCEPTING THEREFROM THE EAST HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO THE OFFICIAL PLAT THEREOF.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF SAID NORTH HALF
OF SECTION 27 LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID SECTION 27, DISTANT THEREON NORTH 86058 ‘38” WEST 659.33 FEET (RECORD NORTH
87’51’00” WEST 659.35 FEET) FROM THE NORTH QUARTER CORNER THEREOF, AS SHOWN ON SAID RECORD OF SURVEY MAP NO. 10774; THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0% WEST 1340.75 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 87O29 ‘59” EAST (RECORD SOUTH 87.30’08” EAST) 372.00
FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2’30 ’ 01” WEST 326.73
FEET TO A POINT ON THE NORTHERLY LINE OF ALGA ROAD AS
DESCRIBED IN THE HEREIN ABOVE MENTIONED EASEMENT DEED TO
THE CITY OF CARLSBAD, AND BEING THE POINT OF TERMINUS.
PLANNING AREA 24
.
LEGAL DESCRIPTION
THOSE PORTIONS OF SECTIONS 22 AND 27, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, AS SHOWN
ON RECORD OF SURVEY MAF NO. 10774, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 30, 1986 AS FILE NO. 86-494180 OF OFFICIAL RECORDS: THENCE ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86'58'38" EAST 236.30 FEET TO THE POINT OF INTERSECTION OF SAID BOUNDARY LINE WITH THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL OF LAND SHOWN AS "PARCEL K-l" AS DESCRIBED IN THE EASEMENT DEED TO THE CITY OF. CARLSBAD, RECODED JUNE 29, 1989 AS FILE NO. 89-345765 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 86*58'38" EAST 1082.37 FEET TO AN ANGLE POINT THEREIN: THENCE NORTH 1.49'19" WEST 331.07 FEET TO AN ANGLE POINT; THENCE SOUTH 86*57'12" EAST 660.57 FEET TO AN ANGLE POINT: THENCE SOUTH 1.36'47" EAST 330.69 TO A POINT ON THE NORTHERLY LINE OF SAID SECTION 27; THENCE CONTINUING ALONG THE BOUNDARY OF SAID RECORD OF SURVEY MAP NO. 10774, SOUTH 0~06'50" WEST 1340.75 FEET TO AN ANGLE POINT THEREIN: THENCE SOUTH 87'29'59" EAST (RECORD SOUTH 87'30'08" EAST) 372.00 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 2'30'01" WEST 326.73 FEET TO A POINT ON 7!HE NORTHERLY RIGHT-OF-WAY OF ALGA ROAD AS DESCRIBED IN "PARCEL 8" OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSEAD; THENCE ALONG SAID RIGHT-OF-WAY NORTH 59'47'00" WEST 392.51 FEET TO THE BEGINNING OF A TANGENT 1001.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CURVE 474.04 FEET THROUGH A CENTRAL ANGLE OF 27'08'00"; THENCE TANGENT TO SAID CURVE NORTH 86'55'00" WEST 354.22 FEET TO THE BEGINNING OF A TANGENT 799.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 1020.71 FEET THROUGH A CENTRAL ANGLE OF 73'11'40"; THENCE TANGENT TO SAID CURVE 13'43'20" WEST 338.79 FEET: THENCE NORTH 14'43'00" WEST 355.88 FEET TO A POINT ON THE RIGHT-OF-WAY OF POINSETTIA LANE AS DESCRIBED IN "PARCEL
A” OF THE HEREIN ABOVE MENTIONED EASEMENT DEED TO THE CITY OF CARLSBAD, SAID POINT ALSO BEING THE BEGINNING OF A TANGENT 25.00
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FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY: THENCE ALONG SAID RIGHT-OF-WAY AND NORTHERLY NORTHEASTERLY AND EASTERLY ALONG SAID CURVE 38.18 FEET THROUGH A CENTRAL ANGLE OF 87'30'00"; THENCE RADIAL TO SAID CURVE NORTH 17'13'00" WEST 51.00 FEET; THENCE SOUTH 72.47'00" WEST 2.76 FEET; THENCE NORTH 17.13'00" WEST 51.00 FEET TO THE BEGINNING OF A NON-TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 17'13'00" EAST: THENCE WESTERLY, NORTHWESTERLY AND NORTHERLY ALONG SAID CURVE 38.42 FEET TBROUGH A CENTRAL ANGLE OF 88.03’39” TO THE TRUE POINT OF BEGINNING.
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STAFF REPORT EXHiBlT 4
0 &J 4 5
DATE:
TO:
FROM:
SUBJECT:
JANUARY 20, 1993
PLANNING COMMISSION
PLANNING DEPARTMENT
DI 92-05 - AVIARA AFFORDABLE HOUSING DEVELsOPMENT
AGREEMENT - Consideration of an Affordable Housing Development
Agreement for the Aviara Master Plan.
1. RJXOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3488
recommending APPROVAL of the Negative Declaration issued by the Planning Director, and
ADOPT Planning Commission Resolution No. 3489 recommending to the City Council
APPROVAL of DI 92-05 based on the findings contained therein.
II. BACKGROUND
On September 1,1992, the City Council approved an agreement with the developer of the
Aviara Master Plan to provide the Master Plan’s share of affordable, low-income housing
in compliance with the recently-updated Housing Element. The requirements to enter into
an affordable housing agreement was a condition of approval of the subdivision map for
Phase II of the Master Plan. By entering into the agreement, the developer accepted a 15%
inclusionary housing requirement although the ordinance to specifically mandate the
requirement was not yet in place. The result is that a minimum. of 160 units of lower
income housing will be provided by the Master Plan developer. The exact location and
timing of construction of the affordable units is subject to a number of variables and
alternatives contained in the agreement approved by the City Council.
One of the alternatives which was supported by staff and the City Council provides for the
accelerated development of the minimum required 160 lower income units. Under normal
inclusionary housing requirements, the affordable units could be built in increments in
proportion to the number of market-rate units being built. For example, if a developer is
building 100 units, 15 units of lower income housing would be required. Under the
proposed alternative, all of the minimum required 160 units for the buildout of the Master
Plan would be provided upfront at one time rather than incrementally over an extended
period of time. In return for utilizing this alternative, the agreement approved by the City
Council indicated that the developer could request that the City approve an affordable
housing development agreement which would protect the developer from future changes
in affordable housing requirements.
DI 92-05 - AVIARA AWORDABLE HOUSING DEVELOPMENT AGREEMENT
JANUARY 20,1993
The developer has now indicated that he intends to go forward with the alternative of
providing the upfront, accelerated development of 160 lower income units. The units could
be constructed within three years under this alternative. If they were built incrementally
in conjunction with market-rate units as allowed by the City’s inclusionary requirements,
it could take ten to fifteen years to secure that many lower income units. In return for the
accelerated development and as provided for in the previous agreement approved by the
City Council the developer is now requesting the City approve an affordable housing
development agreement. The proposed development agreement is attached as Exhibit A.
Approval of the agreement is authorized by Chapter 21.70 of the Municipal Code.
One additional item of background information needs to be mentioned although it is not
part of the Planning Commission’s deliberations on the consideration of the affordable
housing development agreement. As part of the accelerated low-income housing
development proposal and as contained in the agreement previously approved by the City
Council, the developer has agreed to pay $1,584,000 to satisfy the inclusionary
requirement for already approved subdivision maps in Phase I of the Master Plan. The
developer does have the option to provide the financial equivalent of the $1,584,000 by
further restricting the 160 lower-income units (i.e, longer tenure, units with more
bedrooms, larger reduction in rents).
III. MAJOR PLANNING CONSIDERATIONS
In reviewing this request for a development agreement and making a recommendation to
the City Council, there are three major planning considerations which need to be addressed
by the Planning Commission which are as follows:
1. Is there a significant benefit to the City in terms of meeting its affordable housing
requirements and complying with its Housing Element in having the accelerated
development of 160 units of low-income housing rather than having the units
provided incrementally over a substantially longer period of time?
2. Is the request for a development agreement which would protect the developer from
future changes in affordable housing requirements appropriate and reasonable in
return for providing the Master Plan’s share of affordable housing upfront, all at one
time?
3. Does approval of the development agreement comply with the provisions of Chapter
21.70 of the Municipal Code?
ANALYSIS
Staff believes that there is a significant benefit to the city in having 160 units of affordable,
low-income housing built up front, all at one time by the Aviara Master Plan developer.
The units could be constructed within three years under this arrangement. If the units
DI92-05 -AVIARAAFbc)RDABLEHOUSINGDEVELOPMENTAGREEMENT JANUARY20,1993
were built incrementally in conjunction with market-rate units as will be allowed by the
city’s inclusionary housing ordinance, it could take ten to fifteen years to obtain that many
units from this developer. The city is required by its adopted Housing Element to make
every effort to remove obstacles so that 1,400 lower income housing units can be built
within the present five year cycle of the Housing Element (by 1996). Although this will
probably not occur because of the absence of any substantial housing development in the
city, the developer’s proposal for the accelerated development of 160 low income units is
a start. The proposal by this one developer represents approximately 10% of the city’s five
year goal.
The development agreement recognizes that by providing 160 lower income units upfront,
all at one time, rather than incrementally over time the City receives a significant benefit
towards meeting its affordable housing obligations. In return, paragraph 4 of the
agreement protects the developer from application of future changes regarding the
requirements for low income housing which would affect the construction of the rest of the
Master Plan. Staff believes that this is a reasonable request. It would be difficult for the
developer to provide their total obligation for lower income units at this time and then
have to take the risk of having new or additional requirements imposed at a later time.
This development agreement is unique from other types of development agreements in that
it only requests that the developer be protected from future changes having to do with
providing inclusionary, low income units. Most development agreements request protection
from all future changes made to City standards, policies and ordinances. This development
agreement is also different from most other agreements in that it does not involve approval
of a specific development project at a specific location at this time. No specific site for the
160 units has been identified yet although the previous agreement approved by the City
Council identified Planning Area 19 of the Aviara Master Plan as a potential location.
Approval of a subsequent site development plan will be required when a specific location
is identified. For all these reasons, staff believes that the type and level of protection being
requested by the developer through the development agreement is a reasonable and
supportable request.
Approval of this development agreement is authorized by Chapter 21.70 of Zoning
Ordinance Section 21.70.080 lists the findings that must be addressed in considering a
development agreement. Some of these findings do not apply since a specific location for
the affordable units has not been determined and a specific development project is not
being requested at this time. However, the request satisfies the applicable required findings
as discussed below:
1. Approval of the development agreement is consistent with the objectives, policies,
general land uses and programs specified in the General Plan. One of the major
Housing Element programs of the General Plan requires that all Master Plan
communities provide 15% inclusionary, low-income housing. Approval of this
agreement will allow the Aviara Master Plan to comply with this program on an
accelerated schedule even though the actual implementing ordinance to require
inclusionary housing is not yet in place.
DI 92-05 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
JANUARY 20, 1993
2.
3.
4.
5.
6.
7.
8.
An actual site for the affordable, lower income units has not been identified at this
time. However, when a site is identified, approval of the plan for the units will require a site development plan which will ensure that the project will be
compatible with the uses authorized in and the regulations prescribed for the land
use district in which the units will be located.
Approval of the development agreement is in conformance with public convenience,
general welfare and good land use practices as it will result in the early
development of much needed affordable housing units in the city.
Approval of the agreement will not adversely affect or be detrimental to the general
health, safety and welfare as it will help to provide much needed affordable housing
units. Specific impacts to the health, safety and welfare of surrounding property
owners will be determined when a site-specific location for the affordable units is
identified and a site development plan is processed.
Because a specific development project for the affordable units is not being
requested or processed at this time, the findings regarding the orderly development
of property and preservation of property values is not applicable.
Staff has reviewed the state law regarding development agreements and the
proposed agreement is consistent with the provisions of State Government Code
Sections 65864-65869.5.
Approval of the development agreement in no way affects the location, timing or
provision for public facilities as required by the Aviara Master Plan, Local Facilities
Management Plan (Zone 19) and the city’s Growth Management Plan tid is
therefore consistent with the Land Use and Public Facilities Elements of the General
Plan.
Since a site development plan is not being requested or processed at this time, the
findings of consistency with other provisions of Title 20 of the Municipal Code is
not applicable.
In addition to the findings required by Chapter 21.70 of the Zoning Ordinance, Section
21.70.050 required the development agreement to be reviewed by the Housing and
Redevelopment Advisory Committee and by the City Attorney. The Housing and
Redevelopment Advisory Committee reviewed and considered the agreement at its meeting
of October 26, 1992 and unanimously recommended that it be approved by the Planning
Commission and City Council. The City Attorney’s Office has reviewed the agreement and
has submitted its required report which is attached as attachment #4. The report states
that the agreement has been approved as to form and is in compliance with state law and
city ordinances.
DI 92-05 - AVIARA APtiORDAEKE HOUSING DEVELOPMENT AGREEMENT
JANUARY 20,1993
PAGE 5
V. SUMMARY
In summary, staff believes that the alternative of the developer to provide 160 units of
inclusionary housing at one time on an accelerated schedule is a benefit to the city in terms
of providing affordable housing. The request for an affordable housing development
agreement is appropriate and reasonable in return for the benefit the city derives. And
finally, the agreement complies with all provisions of Chapter 21.70 of the Municipal Code.
Staff, therefore, recommends that the Planning Commission support the agreement and
recommend to the City Council that it be approved.
VI. ENvIRoIuMEIuTALREvIEw
The Planning Director has determined that approval of this development agreement will
not have a significant impact on the environment and therefore issued a Negative
Declaration on November 25,1992.
The environmental analysis concluded that since: (1) this development agreement is not
associated with any specific development project, (2) will not directly result in any
significant physical, biological, or human environmental impacts, and that, (3) any future
development projects processed under the provisions of the agreement shall be required to
undergo detailed environmental review, no project-specific impacts are anticipated. There
were no letters of comment received during the public review period of the Negative
Declaration.
ATTACHMENTS
1.
2.
3.
4.
Planning Commission Resolution No. 3488
Planning Commission Resolution No. 3439
Report to Planning Commission from City Attorney dated October 26, 1992.
Minutes from Housing and Redevelopment Advisory Committee meeting, October
26,1992
December 30,1992 MJH’:arb:km
uCb,TLC-YZ IbC ILI;CL __ _-. - L 1 1 Y H i I UiiiVr. I --
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; October 26, 1992
i-l To: Planning Commission
FROM: City Attorney .
REPORT AND RECOMMENDATION ON THE AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN AVIARA LAND ASSOCIATES LIMITED PARTNERSHIP AND THE CITY OF CARLSBAD
Carlsbad Municipal Code Section 21.70.070 requires th& Planning Commission to prepare a report and recommendation to the City - Council on all applications for development agreements for persons of low and moderate income which implement the Housing Element of the Carlsbad General Plan. Carlsbad Municipal Code Section 21.70.050(c) directs the City Attorney to prepare a report on proposed development agreements for the Planning Commission.
The development agreement .under consideration is authorized by Government Code Section 65864 et seq. The intent of the
legislature when it authorized the signing of development aqreements was to reduce the economic costs of development. A development agreement allows the parties to agree that certain rules, regulations and official policies in force at the time of the execution of the agreement will not be changed for the project for the duration of the agreement.
L The development agreement proposed with Aviara has been restricted in its subject matter t0 apply only to initiatives, ordinances or ' other actions taken by-the City after September 1, 1992 (the date the Aviara Inclusionary Housing Agreement was approved) relating to low-income or very-low-income housing which would effect the rate, timing or sequence of the development of the Aviara project, The agreement does not effect the applicability of future initiatives, ordinances or policies which are not related to low-income or very- low-income housing and the rate, timing or sequence of development. This agreement will be binding on all successors in interest to the project. The agreement expires after ten years, but extensions are permissible.
The agreement is approved as to form. Whether or not to accept the agreement is a discretionary decision. If you have any questions about the legal
RONALD R. BALL City Attorney
-.
MINUTES
I
DRAFT
MEETING OF: HOUSING AND REDEVELOPMENT ADVIBORY COMMITTEE MEETING DATE: OCTOBER 26, 1992 MEETING TIME: 4:00 P.M. MEETING PLACE: CITY COUNCIL CHAMBER8 1200 CARLSBAD VILLAGE DRIVE
w Meeting called to order at 4:05 p.m.
ROLL CALL:
MEMBERS PRESENT: Chairperson Belynn Gonzalez, Members, Tom Betz, Walt Ritche, Sarah Marquez, Keith Meloy
MEMBERS ABSENT: Witt Rowlett, Jim McNeil, Cheri Sato and Jeannine Resha
BTAFF PREBEN'P:
Evan Becker, Housing and Redevelopment Director; Michael Holzmiller, Planning Director; Clint Phillips, Senior Management Analyst; Karen Sauer, Management Analyst
-COMMENT:
Chairperson Belynn Gonzalez asked if anyone from the audience wished to speak. Since no one wished to address the committee public comment section closed.
NEW BUBINE88:
1. AVIARA APFORDABLE BOUBXNG DEVELOPMENT AGREEMENT '
Housing and Redevelopment Director Evan Becker and Planning Director Michael Holzmiller presented a staff report to the Committee summarizing the Aviara Affordable Housing Development Agreement previously approved by the City Council. Mr. Becker pointed out to the Committee that this Agreement provides for the construction of the required 15% inclusionary affordable units (minimum of 160 units) upfront. The Committee inquired as to whether the developer must build the affordable units within the Aviara Master Plan project area. Mr. Becker stated that while the affordable units may be built outside the Aviara Master Plan area, the developer will not be allowed to build them outside of the quadrant in which this development falls.
Upon proper motion and second, the Committee unanimously approved the staff recommendation to support the Aviara Affordable Housing Development Agreement and recommended to the Planning Commission that it be approved.
After proper motion, meeting was adjourned at 4:40 p.m.
Respectfully Submitted,
AN E. BECKER
BIB1 LEAK Secretary II Minutes clerk
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EXHIBIT 5
PLANNING COMMISSION RESOLUTION NO. 3488
A RESOLUTION OF THE PLANNING COMMISSION OF THE
-CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR AN
AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE AVIARA
MASTER PLAN DEVELOPER.
CASE NAME: AVIARA AFFORDABLE HOUSING
DEVELOPMENT AGREEMENT
CASE NO: DI 92-05
WHEREAS, the Planning Commission did on the 20th day of January, 1993,
and the 3rd day of February, 1993, hold a duly noticed public hearing as prescribed by law
to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, ex amining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all
factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Negative Declaration according
to Exhibit “ND”, dated November 25, 1992, and “PII”, dated November 19, 1992,
attached hereto and made a part hereof, based on the following finding:
Fillk
1. The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993, by
the following vote, to wit:
AYES: Chairperson Noble; Commissioners: Schlehuber, Schramm,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
k BAILEY NO*, Chairperson
CARLSBAD PLANNING COMMISSION
MICHAEL .I. HOtiMILLEti
PLANNING DIRECTOR
PC RESO NO. 3488 -2-
PROJECT ADDRESS;LOCATION: AVTARA MASTER PLAN COMMUNIlY IN THE CITY
OF CARLSBAD
PROJECT DESCRIPTION: CONSIDERATION OF AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT FOR THE AVTARA MASTER PLAN.
The City of Carkbad has conducted an environmental reyiew of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant
impact on the environment) is hereby issued for the subject project. Justification for this
action is on file in the Planning Department.
A copy of the Negative De&ration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carisbad, California 92009. Comments f&m the public are invited. Please submit comments in writing to the Pknning Department within
30 days of date of issuance. If you have any questions, please call Michael Hoizmiller in the Planning Department at (619) 438-1161, extension 4430.
DATED: NOVEMBER 2S,l992
CASE NO: DC 924s Planning Director
APPLICANT: CRY OF CARLSWD
PUBLISH DATE: NOVEMBER 25,1992
:
2075 Las Palmas Drive l Carlsbad, California 92009- 1576 l (6 19) 438- 116 1 @
-* EXHIBIT WI”
@MRONMENML lMpAcT ASSESSMENT FORhI - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
DATE:
BhCKCROUND
CASE NO. D[ 92-05
NOVEMBER 19, 1902
1. CASE NAME: 2
2. APPLICANT: CITY OF CARLSBAD/AVIARA MASTER PLAN
3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2075 LAS PALMAS DRIVE. CARLSBAD. CA.
92009 (619’1 438-l 161.
4. DATE EtA FORM PART I SUBMITTED: NOVE 2
5. PROJECT DESCRIPTION: 7
FOR THE AWARA MASTER PLAN.
ENVIRONMENTAL IMPACTS .
STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an
Environmental Impact Assessment to detexmine if a project may have a signiEcant effect on the environment.
The Environmental Impact Assessment appears in the following pages in the form of a checklist. This checklist
8 identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental
tmpact Report or Negative Declaration..
* A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. On the checklist, “NO” will be checked
to indicate this determination.
+ An EIR must be prepared if the City determines that there is substantial evidence that any aspect of the
project may cause a sirmificant effect on the envirorrznent. The project may qualify for a Negative
Declaration however, if adverse impacts are mitigated so that environmental effects can be deemed
insitificam. These Endings are shown in the checklist under the headings ‘YES-s&” and “YES-insig”
respectively.
A discussion of potentid @acts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIRONMENTAL EVAJLJATION. Particular attention should be given to discussing
mitigation for impacts which would otherwise be determined significant.
-- PHYSICAL ElNmRoNMENT
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES -_ big) (insig)
1.
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Result in unstable earth conditions or
increase the exposure of people or property
to geologic hazards?
Appreciably change the topography or any
unique physical features?
Result in or be affected by erosion of soils
either on or off the site?
Result in changes in the deposition of beach
sands, or modification of the channel of a
river or stream or the bed of the ocean or
any bay, inlet or lake?
Result in substantial adverse effects on
ambient air quality?
Result in substantial changes in aik
movement, odor, moisture, or temperature?
Substantially change the course dr flow of
water (marine, fresh or flood waters)?
Affect the quantity or quality of surface water, ground water or public water supply?
Substantially increase usage or cause
depletion of any natural resources?
Use substantial Woffuelorenw?
Alter a sisnificrrnt wk@&
paleontological or birtorical site
structure or object?
NO
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X
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BIOLOGICAL ENV&o~
WILL THE PROP&AL DIREC?‘LY OR INDIRECTLY: YES YES
big) (ins@
NO
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Affect the diversity of species, habitat
or numbers of any species of plants (including
trees, shrubs, grass, microflora and aquatic
plants)?
Introduce new species of plants into an area, or a barrier to the normal replenishment of
existing species?
Reduce the amount of acreage of any
agricultural crop of affect prime, unique
or other farmland of state or local importance?
Affect the diversity of species, habitat
or numbers of any species of animals (birds,
land animals, all water dwelling organisms
and insects?
Introduce new species of animals into an
area, or result in a barrier to the.
migration or movement. of animals?
HUMANENVIRONMEIUT
WILL THE PROPOSAL DIRECK,Y OR INDIRECIZY: YES YES
WI (in@)
17. Alter the present or planned land use
of an area?
18. Substantially afkt public utilities,
schools, police, &e, crmrgarcy or other
public services?
X
2
NO
X
X
-3-
.
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
Result in the need for new or modified sewer
systems, solid waste or hazardous waste
control systems?
tncrease existing noise levels?
Produce new light or glare?
Involve a significant risk of an explosion
or the release of hazardous substances
(including, but not limited to, oil,
pesticides, chemicals or radiation)?
Substantially alter the density of the
human population of an area?
Affect existing housing, or create a demand
for additional housing?
Generate substantial additional traffic?
Affect existing parking facilities, or create a large demand for new parking?
Impact existing transportation systems of
alter present patterns of circulation or
movement of people and/or goods?
Alter waterborne, rail oi air trafBc?
[ncrease traffic hazards to motor vehicles, bicyclist o( @estx&ns?
Interfere with CllllLlocIIcy xesponse plans Of
emergency CyBcultlQL) plans?
Obsuuct any scenic vista or mate an
aesthetically offensive public view?
Affeit the quality or quantity of
existing recreational opportunities?
big)
YES
(insig)
NO
x
x
x
x’
X
x
X
X
X
X
X
X
X
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MANDATOflY FINDINGS OF SIGNIFKANCE
WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES YES
33.
34.
35.
36.
NO (Sk) (insig)
x
X
x
X
-.
Does the project have the potential
to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wild-
life species, cause a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant of
animal community, reduce the number or restrict the range of a rare of en-
dangered plant or animal, or eliminate
important examples of the major periods
of California history of prehistory.
Does the project have the potential
to achieve short-term, to the dis-
advantage of long-term, environmental goals? (A short-term impact on the
environment is one which occurs in a relatively brief, definitive period of
time while long-term impacts will endure well into the future.)
Does the project have the possible
environmental effects which are in- dividually limited but cumulatively considerable? (“Cumulatively con- siderable” means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current pr#ctq and the effects of pfohble futrar projects.)
Does the project b8wc emGknental effects which win cause substa&al adverse effects on hum+n beings, either directly or indirectly?
-
--:D~scusStON OF ENVIRONMENTAI~ EVAJJJATION
On September 1,1992, the city COUX~~ approved an agreement with the developer of the Atiara Master Plan
to provide the Master Ph’s share of affordable, low-income housing in compliance wit.h the recently-updated
Housing Element. Under the approved agreement, the developer is accepting a 15% inclusionary requirement
which means that the developer will be responsible for building a minimum of 160 units of lower income
housing (15% of the total number of dwelling units to be built in the entire Master Plan). The exact location
and timing of construction of the affordable units is subject to a number of variables and alternatives
contained in the agreement approved by the City Council.
One of the alternatives provides for the accelerated development of the minimum required 160 lower income
units. Under normal inclusionary housing requirements, the affordable units could be built in increments in proportion to the number of market-rate units being built. For example, if a developer is building 100 units,
15 units of lower income housing would be required. Under the,proposed alternative, all of the required 160
units for the buildout of the Master Plan would be provided upfront at one time rather than incrementally
over an extended period of time. In return for utilizing this alternative, the developer can request that the
City approve an affordable housing development agreement. This would protect the developer from future
changes in affordable housing requirements.
The developer has now indicated that he intends to go forward with the alternative of providing the upfront,
accelerated development of 160 lower income units. In return for the accelerated development, the developer
is now requesting the City approve the affordable housing development agreement mentioned previously. a copy of the development agreement is on file in the Planning Department.
The development agreement recognizes that by providing 1.60 lower income units upfront, all at one time,
rather than incrementally over time the City receives a significant benefit towards meeting its affordable
housing obligations. In return, paragraph 4 of the agreement protects the developer from application of future
changes regarding the requirements for low income housing which would affect the construction of the rest
of the Master Plan.
Phvsical 5vironme~
l.-4.
L-8.
The agreement is purely administrative and does not approve or condone any earth work.
Since the agreement is not project specific and does not involve development of any kind, no
impacts to air quality, climatological indices, of water flows or sources will result.
9.10.
11.-16.
The agre will have no afkcts on any natural resources or energy v.
As the aghavrro dou not include or allow any site-specific dcvclopment, no impacts to historical,
archaeological, palkmtological sites will result, nor will there be any effect on flora or fauna in the
city.
17. The agreement does not propose any changes in land use of an area.
18.-19. Since no specifx development at any specific location is proposed by the agreement, there will be
no affect on any public services including, but not limited to, utilities and sewer systems.
-6-
-.
$I.-22.
23.-24.
2S.-30.
31.
32.
33.
34. -35.
36.
AS no site-specific development will be sanctioned through the agreement, there will be no impacts
to e&&g noise levels, light or glare. There will also be no release of hazardous substances or any
risk of upset.
The agreement d= not approve any specific residential development and therefore will not impact
the population density or housing supply of and by itself.
The agreement does not involve any site-specific development and, as such, will not generate any traffic, affect any emergency response plans, nor create any traffic hazards.
The agreement does not approve any site-specific development and, therefore, no adverse impacts
to scenic vistas or public views will result.
As no specific devefopment or location is proposed with the agreement, no recreational
opportunities are being affected.
See ll.-16. above.
There will be neither short-term nor long-term affects to the environment because of this project
since it is purely administrative and does not involve any project development. No cumulative
impacts will result either. ,
AS no development is proposed, and no affect on aesthetics will result, no direct or indirect impacts
to human beings are expected.
-.
-_~,q,ysIS OF VLABLE ALTERNATWES TO THE PROPOSED PROJECT SUCH AS:
a) Phase&development of the project,
b) &mate site designs,
c> alternate scale of development,
d) alternate uses for the site, e) development at some future time rather than now,
f) alternate sites for the proposed project, and
g) no project alternative.
a) AS no development is involved, no phasing or alternative scales of development may occur.
b) Since no site-specific development is proposed, alternative site designs, alternate uses for
the site, or alternative sites are relevant to this project.
c) See a) above.
d) See b) above.
e) See a) above. .
f) See b) above.
g) The no project alternative would result in the incremental provision of afTordabIe housing
by the Master Plan which is less acceptable to the City.
.
-XTERMINAl’ION (To Be Completed By The Planning Dep.amnent)
On the basis of this initial evaluation:
Y [ find ihe proposed proj&ct COULD NOT have a significant effect on the environment, and a NEGAT&~
ti DECLAMTlON will be prepared.
I find that the proposed project COULD NOT have a significant effect on the environment, because [he
environmental effects of the proposed project have already been considered in conjunction with
previously certified environmental documents and no additional environmental review is required.
Therefore, a Notice of Determination has been prepared.
- I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached
sheet have been added to the project. A Conditional Negative
Declaration will be proposed.
- I find the propdsed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is. required.
NOVEMBER 19.1992
Date
NOVEMBER 19.1992
Date
ATTACH MITIGqTrON MO-G PR- [IF APPW
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PLANNING COMMISSION RESOLUTION NO. 3489
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AFFORDABLE HOUSING DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CARLSBAD,AND THE AVIARA MASTER PLAN DEVELOPER TO PROVIDE FOR THE ACCELERATED DEVELOPMENT OF AFFORDABLE LOW INCOME INCLUSIONARY HOUSING UNITS. CASE NAME: AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
CASE NO: DI 92-05
WHEREAS, the Planning Commission did, on the 20th day of January, 1993,
and the 3rd day of February, 1993, hold a duly noticed public hearing as prescribed by
law to consider said .request;
WHEREAS, at said public hearing, upon hearing and considering alI
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Affordable Housing Development Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of DI 92-05, according to Exhibit “A”, dated January 20, 1993, attached hereto and made a part hereof, based on the following fmdings.
Find&s:
1. Approval of a Development Agreement to allow the accelerated development of 160 units of affordable housing provides a significant benefit to the City of
Carl&ad in complying with its Housing Ekment and meeting its obligation for affordable housing.
i 2. Approval of a Development Agreement is a reasonable and appropriate request in
return for the benefit the city derives in helping to meet its obligation for
providing affordable housing.
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4.
5.
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7.
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10.
11.
12.
Approval of the Development Agreement complies with all the provisions of State
Law which enables the City to enter into such agreements.
Approval of the Development Agreement complies with all provisions of Chapter
21.70 of the Municipal Code.
Approval of the development agreement is consistent with the objectives, policies,
generallandusesandprogramsspecifiedintheGeneralNan. Oneofthemajor
Housing Element programs of the General Plan requires that all Master Plan
communities provide 15% inclusionaq, low-income housing. Approval of this
agreement will allow the Aviara Master Plan to comply with this program on an
accelerated schedule even though the actual implementing ordinance to require
inclusionary housing is not yet in place.
An actual site for the affordable, lower income units has not been identiiied at this
time. However, when a site is identified, approval of the plan for the units will
require a site development plan which will ensure that the project will be
compatiile with the uses authorized in and the regulations prescrkd for the land
use district in which the units will be located.
Approval of the development agreement is in confkman ce with public
convenience, general welfare and good land use practices as it will result in the
early development of much needed affordable housing units in the city.
Approval of the agreementwillnotadverselya&ctorbedetrimentaltothe
general health, safety and welf& as it will help to provide much needed
affordable housing units. Spedic impacts to the health, safety and weIf& of
zsurnmnding property owners will be determined when a site-specific location for
the tiordable units is identified and a site development plan is processed.
Because a specEc development project for the a&rdable units is not being
requestedorprocessedatthistime,thefindingsregardingtheorderlydevelopment
of pnqerty and preserva tion of property values is not applicable.
Staff has reviewed the state law regarding development agreemen tsandthe
pmposed agreement is consistent with the provisions of State Government Code
Sections 6586465869.5.
Approval of the development agr- tinnowaya&ctsthelocatio~timingor
provision for public fkilities as required by the Aviara Master Plan, m Facilities
Management Plan (Zone 19) and the civs Growth Management Plan and is
therefore consistent with the Land Use and Public Facilities Elements of the
GeneralPlan.
Since a site development plan is not king quested or procesed at this time, the
findings of consistency with other provisions of Title 20 of the Municipal Code is
not applicable.
PC RESO 3489 2
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-
_ PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993,
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson Noble; Commissioners: Schlehuber, Schramm,
Welshons, Savary, Erwin & Hall.
None.
None.
None.
I BAILEY NOB% Chairperson CARLSBAD PLfiNNING COMMISSION A-I-I’EST:
MICHAEL J. HOflMILLm Planning Director
PC RESO 3489 3
EXHIBIT 6
PLANNING COMMISSION February 3,1993 PAGE 5
Motion was made by Commissioner Erwin, and duly seconded, to adopt Planning
o. 3490 approving SUP 92-04, based on the findings and
ontained therein, including the changes outlined in the staff
993, and a change to the time period from 1 to 5 years.
ioners Erwin, Hall, Savary, Schlehuber, Schramm, and
ABSTAIN: None
2. DI 92-05 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT - Consideration of
an Affordable Housing Development Agreement for the Aviara Master Plan.
Michael Holzmiller, Planning Director, reviewed the background of the request and stated that this request
is to provide an Affordable Housing Development Agreement for the Aviara Master Plan in return for the
Master Plan accelerating the production of their affordable units. As background, he stated that last year
the developer entered into an agreement with the City Council to provide affordable housing. By entering
into that agreement, the developer of this Master Plan accepted a 15% inclusionary housing requirement
as required by the Housing Element, even though the implementing ordinances had not yet been approved
by the City. The developer is now willing to accelerate production of their 160 affordable units in return for
an agreement with the City to protect them from future changes to the affordable housing requirements.
The proposed agreement has been reviewed by the Housing & Redevelopment Department and they also
recommend approval. In addition, the agreement has been reviewed by the City Attorney and found to be
in compliance with all requirements for affordable housing. Staff recommends approval.
Commissioner Erwin inquired about the 10 year tenure of the proposed affordable housing when the
lnclusionary Housing rule is for a 30 year period. Mr. Holzmiller replied that the City Council agreed last
year to a minimum tenure of 10 years.
Commissioner Erwin inquired if this means that Aviara can pull these units out of affordable housing
10 years from now. Mr. Holzmiller replied that this was correct.
Commissioner Hall noted that this item was continued from the last meeting because Aviara wanted to
notice all of the surrounding residents. He inquired if this had been done. Mr. Holzmiller replied that the
public hearing was originally noticed in the newspaper but Aviara wanted to make sure that everyone living
within the Master Plan as well as those living within 600 ft. of it were noticed. That was accomplished.
Chairman Noble opened the public testimony and issued the invitation to speak.
Paul Klukas, Hillman Properties, 2011 Palomar Airport Road, Carlsbad, addressed the Commission and
stated that he concurs with the staff analysis and urged the Commission’s approval. Aviara has
recognized the need for affordable housing and is aggressively working with their consultants to get
160 units built in the southwest quadrant. He feels they are entitled to the protections set forth in the
development agreement. He hopes the Planning Commission will agree. He noted that the agreement
sets forth a minimum tenure for the affordable housing at 15 years rather than 10 years.
Commissioner Erwin inquired about a provision in the original agreement which states that units will not be
leased at rental rates lower than 30% of 60% of the median income. Evan Becker, Director of Housing &
Redevelopment, replied that the incentive to go below the 60% of medium income affordability would be to
get a credit against the $1.5 million subsidy or, in other words, $1,248 annually per unit.
DRAFT
PLANNING COMMISSION February 3, 1993 PAGE 6
Commissioner Erwin inquired why the 15 year term was used rather than 30 years. Michael Holzmiller,
Planning Director, replied that at the time this agreement was started, the lnclusionary Ordinance wasn’t
even drafted. As a result, the items in the agreement were negotiated on an individual basis, without a
specific mandate. Staff had no idea at that time what the tenure in the ordinance would be.
Commissioner Erwin inquired if Aviara plans to make the units standard rate at the end of 15 years, Mr.
Klukas replied that it is not their intention at this time, but the option is there.
Evan Becker, Director of Housing & Redevelopment, commented that in order to get the necessary
financing for the affordable units, it is likely that the units will have to remain affordable beyond 15 years.
Commissioner Erwin inquired if that financing specifically refers to this particular agreement. Mr.
Holzmiller replied that this agreement specifically states that if revenue bonds are required to finance the
units, the City has the option of requiring a term which exceeds 15 years.
Commissioner Erwin inquired if Aviara would be willing to accept a term which exceeds 15 years, should
the financing require it. Mr. Klukas replied that they would.
There being no other persons desiring to address the Commission on this topic, Chairman Noble declared
the public testimony closed and opened the item for discussion among the Commission members. .
ACTION: Motion was made by Commissioner Welshons, and duly seconded, to adopt Planning
Commission Resolution No. 3488 recommending approval of the Negative Declaration
issued by the Planning Director, and adopt Planning Commission Resolution No. 3489
recommending to the City Council approval of DI 92-05, based on the findings
contained therein.
VOTE: 7-o
AYES: Chairman Noble, Commissioners Erwin, Hall, Savary, Schlehuber, Schramm, and
Welshons
NOES: None
ABSTAIN: None
RECESS
ission recessed at 7:09 p.m. and reconvened at 7:19 p.m.
ON-RESIDENTIAL BUILDING HEIGHT PROTRUSIONS - Proposed amendments to
additional floor
C-M, M and
for a single family
component dealt with height
steeples, and mechanical equipment
92-06 proposes a 55 ft. height limit
presentation showing several
45 ft. height limit.
DRAFT
NOTICE OF PUBLIC HEARING
AVIARA AFFORDABLE HOUSING AGREEMENT - DI 92-05
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold
a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive,
Carlsbad, California, at 6:00 p.m., on Tuesday, April 27, 1993, to consider a
request for approval of an Affordable Housing Development Agreement between the
City and the Aviara Master Plan developer, to provide for the accelerated
development of affordable, lower-income inclusionary housing units.
If you have any questions regarding this matter, please contact Michael
Holzmiller in the Planning Department at 438-1161, Ext. 4430.
If you challenge the Aviara Affordable Housing Agreement in court, you may be
limited to raising only those issues raised by you or someone else at the public
hearing described in this notice, or in written correspondence delivered to the
City of Carlsbad City Clerk's Office at, or prior to, the public hearing.
PUBLISH: April 15, 1993 CARLSBAD CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold
a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad,
California, at 6:00 ‘p.m. on Wednesday, February 3, 1993, for consideration of an
Affordable Housing Development Agreement for the Aviara Master Plan.,
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the staff report will be available on and after January 27, 1993. If you
have any questions, please call Michael Holzrniller in the Planning Department at 438-
1161, ext. 4430.
If you challenge the Discussion Item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City of Carlsbad at or prior to the public hearing.
CASE FILE: Dt 92-05
CASE NAME: AWARA AFFORDABLE HOUSING AGREEMENT
PUBLISH: JqNUARY 21, 1993
CITY OF CARLSBAD
PLANNING COMMISSION
‘(Form A)
TO: CITY CLERK’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notice
AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT - DI 92-05
for a public hearing before the City Council. u
Please notice the item for the council meeting of
Thank you.
MARTY ORENYAK 2122193
Assistant City Manager Date
--i/RITE IT - DON’T SA, IT!
Date 5112 19 93
TO File 0 Reply Wanted
From Karen q No Reply Necessary
NOTE TO FILE:
RE: AB #12,194 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENT. (4/27/93)
On 4/27/93 the City Council adopted Res. Nos. 93-119 and 93-120, approving
a Negative Declaration and an Affordable Housing Development Agreement with
Aviara.
We have been informed by the City Attorney that the Agreement should have been
approved by Ordinance, not by Resolution. An Ordinance and a new agenda bill
are being prepared, and the matter will have to go back to the Council for
approval.
The original Agreement will not be processed for signatures until after the
matter, and Ordinance are approved by the Council.
K.
AIGNEA FORM NO. 55-032 PRINTEn IN