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Home My WebLink About1984-03-13; City Council; Resolution 75331 2 3 4 5 6 7 8 9 10 11 12 33 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING AN AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY BETWEEN THE LOW AND MODERATE INCOME HOUSING IN A 50 UNIT APARTMENT COMPLEX ON 1.49 ACRES OF PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PINE AVENUE, IMMEDIATELY WEST OF THE AT & SF RAILROAD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. . CITY OF CARLSBAD AND JOHN R. PAUTSCH TO PROVIDE FOR WHEREAS, the City of Carlsbad and John R. Pautsch have reached an agreement regarding the provision of low and moderate income housing, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That certain agreement between the City of Carlsbad and Re a John R. Pautsch entitled "Agreement Imposing Restrictions on Property", a copy of which is attached hereto marked Exhibit A and made a part hereof is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. ad '0 PASSED, APPROVED AND ADOPTED at a/reduw?dmeeting of the City Council of the City of Carlsbad, California, held on the 13th day Of sch , 1984, by the following vote to wit: AYES: Council Wrs Casler, Lewis, Kulchin, Chick and Prescott NOES: ATTEST: EXHIBIT =Z" January 25,1984 RECORDING REQUESTED BY: 1 Assessors Parcel No.: 1 WHEN RECORDED mrri TO: 1 1 City of Carlsbad 1 1200 Elm Ave-Cue 1 Carlsbad, California 92008 1 space above for recorder's use AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY This agreement is made and entered into this day of I 1983 by and between the City of Carlsbad, California, a municipal corporation, hereinafter referred to as "Carlsbad" and John R. Pautsch, hereinafter referred to as "applicant." RECITALS A. Applicant is the owner of certain real property located at 336 and 372 Pine Avenue 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 RH to RVH (GPA/LU 83-20}, a zone change from R-3 to RD-H (ZC-297) and a site development plan for a 50 unit Page 1 of 7 apartment Project at a density of 33.5 dwelling units per acre (SDP-83-10) (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 33.5 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 thirteen 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 for a period of ten years. D. Carlsbad desires to ensure the continued availability of thirteen 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 . /// /// /// - WIEIITA Page 2 of 7 I E. In order to ensure the continued availability of this project as a rental project and the continued availability of thirteen 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, THEREFORE, 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: 1, 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 Page 3 of 7 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 solely upon the latest affordable rent schedule proposed by HUD as defined in this agreement provided, however, that the established rents shall not exceed the prevailing fair market rent for comparable units in the area. Established rents shall be determined annually. c. "Restricted Unit' means a dwelling unit in the project whlcfr is occupied by or available for rent to a qualified person or far: ly. C. "Affordable Rent Schedule' means the affordable rents for rr,ed:an household income for San Diego County or the equivalent ceographic 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. Page 4 of 7 2. Restrictions on the Project a. That for a period of ten years from the date of 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 thirteen 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 in varying locations on the site. 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 4 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: John R. Pautsch 2204 Waterfront Drive Corona Del Mar, California 92625 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. CITY OF CARLSBAD By: A Page 7 of 7 22