HomeMy WebLinkAbout1984-02-07; City Council; Resolution 74976
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RESOLUTION NO. 7497
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
A DEVELOPMENT AGREEMENT WITH JOEL BERLINSKY
AND DENIS KARPELES FOR THE PROVISION OF
MODERATE INCOME HOUSING UNITS ON PROPERTY
GENERALLY LOCATED ON THE EAST SIDE OF
HAfiDING STREET BETWEEN PINE AVENUE AND
CHESTNUT AVENUE.
APPLICANT: GARAPICH/NOGLE
CASE NO. : ZC-282/SDP 83-7, GPA/LU 83-5
WHEREAS, the applicant has sought and obtained the RVH
(Residential Very High Density, 30-40 du/ac) designation for this
?roperty; and
WHEREAS, a criteria of the RVH designation is the provision
2f affordable housing units; and
WHEREAS, the applicant desires to enter into an agreement
vith the City of Carlsbad for the provision of moderate income
lousing units;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
3ity of Carlsbad that the Development Agreement attached hereto
2nd incorporated herein as though fully set forth is hereby approvec
2nd the Mayor of the City of Carlsbad is hereby authorized to
sxecute the document.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
louncil of the City of Carlsbad, California, held on the 7th
lay of February
AYES:
, 1984, by the following vote to wit:
Council Memkrs Casler, Kulchh, Chick and Prescott
NOES : None
ABSENT: None
LTTEST:
MARY %L%!-u&d& H. SLER, Mayor
Seal)
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RECORDING REQUESTED BY: 1 Assessors Parcel No. : 204-110-31
city Clerk, Ciw of Carfsbad 1
WHEN RECORDED MAIL TO: 1 1 City of Carlsbad 1
1200 Elm Avenue 1 Carlsbad, California 92008 1 space above for recorder's use
AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
tr, This agreement is made and entered into this ? day
of , 1984 by and between the City of
Carlsbad, Califoinia, a municipal corporation, hereinafter referred
to as "Carlsbad" and Joel Berlinsky and Denis Karpeles, hereinafter
referred to as "applicant.
RECITALS
A. Applicant is the owner of certain real property
located at 3334 Harding Street in the City of Carlsbad, County of
San Diego, State of California more particularly described on
Exhibit A attached hereto and incorporated by this reference.
B. Applicant has filed an application for a General Plan
Amendment from R-MH to R-VH (GPA/LU 83-5), a zone change from R-3
to RD-H (ZCA-282) and a site development plan for a 22 unit
Page 1 of 7
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apartment project at a density of 32.8 dwelling units per acre
(SDP-83-7) (hereinafter referred to as "project") for the real
property referred to above. The applications are collectively
referred to hereinafter as the "application". A density of 32.8
dwelling units per acre is requested in order to assist Carlsbad
in achieving the goals established by the Housing Element of the
General Plan. To achieve those goals the project must be
available for rental for the period stated herein. Without the
rental. restrictions Carlsbad would not approve the project.
C. In order to induce the City to approve the
application and in a desire to comply with the provisions of
Chapter 21.23 of the Carlsbad Municipal Code and with California
Health and Safety Code section 55093 applicant desires to provide
that five of the dwelling units in the project will be available
to persons and families of low to moderate income for a period of
ten years and that the entire project be available for rental €or
a period of ten years.
D. Carlsbad desires to ensure the continued
availability of five of the dwelling units of the project for
persons or families of low or moderate income and to ensure that
the project will be available for rental for the time period
specified in this agreement.
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Page 2 of 7
?LE
E. In order to ensure the continued availability of
this project as a rental project and the continued availability
of five of the units for persons and families of low and moderate
income the City Council of the City of Carlsbad has required
execution of this agreement concurrently with their approval of
the application. Without the execution of this agreement the
City Council would be unwilling to grant approval of the
application.
NOW, "HEREFORE, in consideration of the recitals and of
Carlsbad's approval of the application and of the benefit
conferred thereby upon the subject real property and the
applicaton it is hereby agreed as follows:
7. Definitions - whenever the following words or
phrases appear in this agreement they shall have the meaning
established by this section.
a. "Qualified Person or Family" or "Person or
Family of Low or Moderate Income" shall mean persons and families
whose income does not exceed 90% of the area median income
adjusted for family size pursuant to the provisions of section
50093 of the State Health and Safety Code. Qualifications shall
be verified by the Carlsbad Housing Authority.
b. "Established Rent" shall mean the maximum monthly
rent established for each restricted unit by the Director of
Building and Planning. Established rents may vary based on the
income level, family size of the qualified person or family
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Page 3 of 7
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and upon the size of the restricted unit. Established rents shall
be affordable to qualified persons or families. Rent shall be
deemed affordable if it does not exceed twenty five percent of the
median monthly gross income of the qualified persons or families.
In determining established rents the Director of Building and
Planning shall base the determination upon the latest af fordabl
rent schedule proposed by HUD as defined in this agreement. Aaw
Established rents shall be determined annually .
c. "Restricted Unit" means a dwelling unit in the
project which is occupied by or available for rent to a qualified
person or family.
d. "Affordable Rent Schedule" means the affordable
rents for median household income for San Diego County or the
equivalent geographic area as annually established by the Federal
Department of Housing and Urban Development (HUD) pursuant to
Section 8 of the United States Housing Act of 1937. In the event
that such determinations on schedules by the Department of Housing
and Urban Development are discontinued the rent shall be set at
twenty five percent of the monthly area median household income
established and published by the Department of Housing and
Community Development of the State of California pursuant to Health
and Safety Code section 50093 for the family size occupying the
unit. The HUD income ranges and corresponding affordable rents for
July 1983 are attached as Exhibit B.
2. Restrictions on the Project
a. That for a period of ten years from the date of
Page 4 of 7 Y
issuance of the certificate of occupancy for the project all
units in the project shall be available for rental. If applicant
submits an application for such conversion at any time during the
ten year period approval or conditional approval of such
conversion shall be subject to a condition that for the remainder
of the ten year period for rental the applicant shall not convey
individual units in the project.
b. That for a period of ten years from the date of
occupancy of the project any five of the dwelling units
constructed shall be made available for rental to qualified
persons or families. Each restricted unit shall be rented at an
established rent.
c. The design and exterior appearance of the
reserved units shall be compatible with the nonreserved units
within the development and shall contain on average the same or a
larger number of bedrooms per reserved unit as the nonreserved
units.
The reserved units shall be constructed either prior
to or simultaneously with the nonreserved units with the
development. If the development is being constructed in phases,
the percentage of reserved units to be constructed in each phase
shall be equivalent to the percentage of the total number of
nonreserved units being constructed in that phase.
d. Applicant shall keep rental data for restricted
units and qualified persons or families and shall submit annual
rental data for the restricted units and qualified persons or
Page 5 of 7
families occupying the units to the Carlsbad Director of Building
and Planning and the Housing Authority. During the term of this
agreement the Director of Building and Planning or the Housing
Authority may inspect or audit the applicant's books for the
project semi-annually to ensure performance of this agreement by
applicant. At any time, upon reasonable advance notice to the
applicant, the Director of Building and Planning or the Housing
Authority may inspect the project to ensure performance of this
agreement.
3. Carlsbad may assign all or any of its rights or
obligations under this agreement to the Carlsbad Housing and
Redevelopment Commission, but to no other public agency.
4. All notices required under this agreement shall be
sent by certified mail, return receipt requested to the following
address:
To Applicant: Joel Berlinsky
Denis Karpeles Continental Properties Investments
Suite 200 3007 Washington Boulevard Marina Del Rey, California 90291
To Carlsbad: Attn: Director of Building and Planning
1200 Elm Avenue Carlsbad, California 92008
5. The covenants, conditions and obligations contained
herein shall run with the land and shall apply to and bind the
heirs, successors and assigns of all parties hereto. This
agreement shall be recorded.
Page 6 of 7
6. This agreement constitutes the entire agreement
between the parties and no modification shall be binding unless
reduced to writing, signed by the parties hereto.
7. All questions pertaining to the validity and
interpretation of this agreement shall be determined in
accordance with the law of California applicable to contracts
made and to be performed within the State.
8. This agreement shall remain in full force and effect
for ten years from the issuance of the cerfiticate of occupancy
for the project unless sooner cancelled by the City Council after
a noticed public hearing on the matter.
9. Applicant shall notify the Carlsbad Housing Authority
of the availability of any restricted units. The Carlsbad Housing
Authority may refer prospective tenants to applicant. The
Applicant may, but is not obligated to, participate in any housing
program offered by the Housing Authority.
ATTEST: CITY OF CARLSBAD
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a
.- ~ f .- .- E known to me to be--ri,k-the partners of the partnership
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that executed the within instrument and acknowledged to
such partnership executed the same.
WITNESS my hand and official seal.
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Signature - /I II
me that 1
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6. This agreement constitutes the entire agreement
between the parties and no modification shall be binding unless
reduced to writing, signed by the parties hereto.
7. All questions pertaining to the validity and
interpretation of this agreement shall be determined in
accordance with the law of California applicable to contracts
made and to be performed within the State.
8. This agreement shall remain in full force and effect
for ten years from the issuance of the cerfiticate of occupancy
for the project unless sooner cancelled by the City Council after
a noticed public hearing on the matter.
9. Applicant shall notify the Carlsbad Housing Authority
of the availability of any restricted units. The Carlsbad Housing
Authority may refer prospective tenants to applicant. The
Applicant may, but is not obligated to, participate in any housing
program offered by the Housing Authority.
ATTEST :
City Clerk
(SEAL)
CITY OF CARLSBAD
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EXHIBIT A
Parcel B, in the City of Carlsbad, County of San Diego,
State of California, as shown on page 499 of Parcel Mpas, filed in the Office of the County Recorder of San
Diego County, April 15, 1971.
APN - 204-110-31
z. Kdian Incme
5s:
605
651;
70%
4
$26,400 is the HUD rcedian income for a faaily of four as of July, 1983
Size of Family Incmre 30% - I
$770 00 $192 . 50 $231 -00
$220 00 $264 -00 $880-00 1 $9,240
$990-00 $247 50 $297.00 2 3 -4 5 $14,025 $1 , 168.75 $292. 19 $350 63 $14,850 $1,237~50 $309-38 ' $311-25 $326-56 . $391.88 6
$16,500 b1,375*oo $34 3 75 $412-50 7
1 $10,164 $847 -00 $211-15 - $2S4,10 2 $11,616 $968 -00 $242.00 $290.40
3 4 5 6 7
$275-00 - $3?0*00 $ ;: ; 2::
$13,200 81,100.00
$15,675 $19306.25
4 0
b
$13,068 $1 ,089-00 $272 25 $326 '70
$321-41 $385.69 $75,428 $1,285-63 $408-38 g;f:%z $1,436.88 $359-22 $431 -06
$14,520 $1,210-00 $302 -50 $363-00
8 $16,150 $1,512*50 $378.13 : $453.75
1 $1 1,088 $924 00 $237 -00 $n?-X,
$1,361 -25 $340 31
$12,672 $1,056.00 $264.00 -_ $316-80 2 $14,256 $1,188.00 .I $297.00 $356 40 4 $15,840 $1,320.00 $330 *oo $396.00 3
$16,830 $1,402-50 $350 63 $420 . 75 $445.50 5
$391 -88 $470 . 25
$4 12 -50 $495 -00 ? ' $%$% $1,567.50 8 $19,800 $1,650.00
1 $12,012 $i,001-~0 $250 25 $300.30 $13,728 $1,144-00 $286.00 z343.20
$26 10 2
4 $17,160 $1,430.00 $357 . 50 $429 . 00 3
$18,233 $1,519-38 $379 - 84 $1155.81 $4CZ.19 - 2282.63 5
Z224.53 $509 . 44 6
8 $21,450 $1,787 50 5446 88 $536.25 7
1 $12,936 $1,078.00 :269 . 50 $323.40 5308.00 . $369.60 $415.80 :;€.532 $1,386.00 2346 50 3;<,480 $7, j40.00 $385 00 $362 -00 3 - 5409 06 $490 -88 4 ;i9,635 Si ,636-25
$546 . 63 -520,790 6
8 223,100 $1,925-00 $401.25 $577 50 7
$7,485.00 $371 -25
$15,444 $1,287.00 $321 75
$19,305 $1,608075 $20,378 $1,698.13
*2 314,784 $1,232.00
-
-'1,732.50 $433- 13 $5?? .75
521,945 2: ,328.15 $457.19
752
b 805 b
855
90%
95%
1 2 3 4 5 6 7 -8
1 2 3 4 5 6 7 8
7
2 3 4 5 6 7 8
1
2 3 4 5 6 ? 8
1
2 3 4 5 6 7 8
$73,860
$15,840
$17,820
$19,800 $21,038
$22,275
$23 513
$24,750
$14,784 $16,896 Sl9,OM $21 , 120
$22,440
$23,760 $25,080 $26,400
$15 * 708
$17,952 $20,196 $22,440 $23,8a3 $25,245 $26,648
$28,050
$16,632
$19,008
$21,384
$23,760 $25 , 245
$26,730 $28,215
$29,700
$11,556 $20,064
$22 , 572
$28,215
$29 , 783
$31,350
i2:%
$1 9 155-00
$1,320.00
$1,485.00
$1,650.00
$1,856.25
$2,062.50
$1,408.00
$1,584.00
$1,760.00 $1,870.00
$1,98OmOO
$2,090 . 00 $2,x)O*Oo
$1,309.00
$1,753- 13
81 9959.38
$1,232.00
$1,496-00 $1,683.U0 $3,87O0UO $1,986-88
$2,220.63
$1 ,s84+00
$2,103-75
$2 , 337 50
$1,386-00
$1,782.00
$1,980-00 $2,103.75
$2,227 e50
$2,351 025 $2 475 -00
$1,463.00
$1,672.00
$1,881 -00
$2 , 090 . 00
. $2,351.25
$2,612 50
$2,220.63
$2,481 -00
$288-75 $330 +OO
$371 *25 $4 12-50 $438.28 $464.06 $489.84 $575.63
$308.00 $352.00
$396-00 $440.00 $467.50 $495.00 $522-50 $550.00
$327.25 $374-00 $420.75 S67-50 $496-72 $525-94 $555.16 $584 38
$346.50
. $396.00 $445 e 50 $495 -00 $525 94 $556 88 $587-81 $618-75
$365 75 $4 7 8 00
$470 25 $522 -50. $555.16 $587 . 81 $620 . 47 $653 13
-
$3C{.56 $396.00
$445 50
$495 -00 $525 . 94 $556.88 $587.81 $6 78.75
$369.60 $422 . 40
$475 20 $528 .OO $561 .oO $594*00 $62'7.00 $660 -00
8392-70 $448.80
$504 90 $561 -00 $596-06 .
$666-19 $701.25
$4 75 80
$475 20 $534 60 $594 -00 $631 - 13 $568.25
$742 . 50
$438 -90
$564 30 $627 -00 $666- 19 $705 38 $744.56 . $783.75
$631 13
$70538 -
$50 1 -60
Pi
1005
105%
110%
11%
1205
1 2 3 4 5 6 '7 0
I
2
4 3
L -4 5 6 7 8
I 2 -3 4 5 6 7 8
1
2 3 4 5 6
- 7- 8
1
2 3 4 5
6 7 8
-
\
$18,480
$26,400 $28,050
$299700 $31,350 $33,000
$19,M4 $22,176 $24,9128
$29,453 $31 , 185 $32,918 $34 I650
$20,328 $23,232 $26 , 136
$21 , 120
$23,760
$27,720
&E
$32,670
$30,360
34,485
$36,300
$21,252 $24 , 288
$27,324
32,258 $34 Y 155 $36 YO53 $37,950
$22,176
$25 , 344 $28,512
33,660
$35,640 $37,620 $39,600
$1,540.00 $1,760.00 $1,980.00
$2,200 000 $2,337 50 $2,475 00
$2,750 -00
$2,6 12.50
$1,617.00 $1,848.00
$2,079.00
$2,3 10 -00 $2,454 38 $2,598 -75 $29743- 13 $29887.50
$1,694 -00
$1,936.00 $2,178-00 $2 , 420 . 00 $2,571 025
$2,722 . 50 $2,873 -75
$3,025 00
$2,024.00
$2,530-00 $2,688.13 $2,846 . 25
$3,004 38
$1,848.OO
$2,376 . 00 $2,640 -00 $2,805 00
$1,771 -00
$2,277.00
$3,162.9
$2,112.00
$2,970-00 $3 9 135 000
$3,300 -00
$385 00 $440 .OO
$495 . 00
$584 38 $618.75 $653.13 - 8687 50
$404.2~ $462-00 . $519-75 $577.9 $6 13- 59 '$649.69 $685.78 $721 -88
$423 50 $484.00
$544 5a $605.00 $642 . 8 1 $680 . 63 ., $7 I8 . 44
$442.75 $506 00
$632.50 $672 . 03
$71 1.56 $151-09 - - $790 63
$528 00
$594 00
$550 00
$756025
$569 25
$462 00
$660.00 $701 -25 $742. SO $783 75 $825 .oo
$462.00 $528.00
$594.00 $660 . 00
$701 -25 $742 . 50
$783 075 $825 -00
$W)5.10 $554 40 $623-70 $693.00 8736.31 m9 9 63 $822-94 $866-25
$508-20 $580.80
$653 40 $726-00 $771.38 $8 16.75 $862-13 $907 50
$531 -30 $607 . 20 $683.10
$759000 $806.44 S53.88
$9M.7S
$554 0 40 $633.60 $7 12 . 80 $792 00 $841.50 $891 -00
$940 . 50 $990 -00
-- $%1.31