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HomeMy WebLinkAbout1998-05-14; Housing Commission; MinutesMinutes of: HOUSING COMMISSION Time of Meeting: 6:OO P.M. Date of Meeting: Place of Meeting: MAY 14, 1998 CITY COUNCIL CHAMBERS CALL TO ORDER: Chairperson Wellman called the Regular Meeting to order at 6:07 p.m. PLEDGE OF ALLEGIANCE: Commissioner Walker led the pledge of allegiance. ROLL CALL: Present: Chairperson Wellman, Commissioners Escobedo, Latas, Noble, Scarpelli, and Walker Absent: Commissioners Calverley and Rose Staff Present: Debbie Fountain, Housing and Redevelopment Director Craig Ruiz, Management Analyst Toni Espinoza, Housing Specialist I1 Bobbi Nunn, Housing Program Manager APPROVAL OF MINUTES: ACTION: Motion by Commissioner Scarpelli, and duly seconded, to approve the Minutes of the Regular Meeting of March 12, 1998, as submitted. Escobedo, Latas, Noble, Scarpelli, Wellman VOTE: 5-0-1 AYES: NOES: None ABSTAIN: Walker COMMENTS FROM THE AUDIENCE ON ITEMS NOT LISTED ON THE AGENDA: There were no comments from the audience. NEW BUSINESS: 1. CT 97-23/SDP 97-26 - O’GARA (MAGNOLIA SUBDIVISION) - Request for recommendation of approval to the Planning Commission of two attached second dwelling units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the creation of nine single-family lots for future development on the northwest corner of the intersection of Magnolia Avenue and Adams Street. Craig Ruiz reviewed the background of the request and stated that this proposal is to subdivide 2.1 acres into nine single-family lots. The developer’s obligation under the Inclusionary Housing Ordinance is to provide 15 percent of the nine single-family lots or 1.4 units. To satisfy this agreement, the developer is proposing to provide two second dwelling units. The second dwelling units are located on lots 7 and 8. The proposed project will include a primary dwelling unit and a detached two-car garage. The second dwelling units are located on the ground floor attached to the detached garage and have their own private entrance and a patio area off the rear. Each studio unit is 406 square feet and has been designed to be consistent with the second dwelling unit guidelines the Housing Commission adopted. In addition, the project is consistent with the City’s Goals and Policies for the provision of affordable housing. HOUSING COMMISSION MINUTES May 14,1998 Page 2 If the units are rented, the rent levels will be restricted at 80 percent of median income, which is the level that is affordable to lower income households. An Affordable Housing Agreement will be executed with the developer at the time the final map is recorded for this project to ensure the affordability for the useful life of the project, which is 55 years. Chairperson Wellman asked if there were any questions of Staff. There were no questions of Staff. Chairperson Wellman invited the applicant to speak. Bob Ladwig, Ladwig Design Group, Inc., 703 Palomar Airport Road, Suite 300, Carlsbad, CA 92009, addressed the Commission and said he is representing the applicant, who is Mike O’gara. Mr. Ladwig commented that the affordable units are on lots 7 and 8, which are the largest lots in the subdivision and they accommodate the second dwelling units very nicely. They were able to maintain the minimum spacing between the structures, which is 10 feet. He added that the first-floor affordable studio units are truly granny flats that are easily accessible. He hopes the project will be presented before the Planning Commission next month. Chairperson Wellman asked if there were any questions of Mr. Ladwig. There was some discussion about laundry plumbing for the second dwelling units. Chairperson Wellman asked Mr. Ladwig to make sure that his language is consistent with the Resolution and the Agreement. Chairperson Wellman opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairperson Wellman declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion by Commissioner Noble, and duly seconded, that the Housing Commission ADOPT Resolution No. 98-007, recommending APPROVAL to the Planning Commission of two attached second dwelling units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the creation of nine single-family lots for future development on the northwest corner of the intersection of Magnolia Avenue and Adams Street. Escobedo, Noble, Scarpelli, Walker, Wellman VOTE: 5-0-1 AYES: NOES: None ABSTAIN: Latas 2. CT 96-08/SDP 97-22KDP 97-04 - KALICKI (JEFTFiRSON-CHINOUAPIN PROJECT) - Request for recommendation of approval to the Planning Commission of three attached second dwelling units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the creation of 15 single-family lots for future development on the northwest corner of the intersection of Jefferson Street and Chinquapin Avenue. Craig Ruiz reviewed the background of the request and stated that this proposal is to subdivide a 3.4 acre site into 15 single-family lots. The developer’s obligation for inclusionary housing under this proposal is 2.25 affordable units. To satisfy this requirement, the developer is proposing to provide three second dwelling units which will be on lots 2,4, and 8. Mr. Ruiz stated that the proposed project includes a primary dwelling and an attached two-car garage. The second dwelling units will be located above the garage, he said. They will have a private entrance from the exterior stairs and an entrance from the interior of the primary dwelling. Mr. Ruiz pointed out that the second dwelling unit guidelines the HOUSING COMMISSION MINUTES May 14,1998 Page 3 Housing Commission adopted state that second dwelling units with access from the main unit must be one-bedroom units; hence, these second dwelling units have been designed as one-bedroom units 640 square feet in size. Mr. Ruiz stated that this project has the same rental restrictions that he mentioned with the previous project. He added that this proposal is consistent with the second dwelling unit guidelines as adopted by the Housing Commission and the project is consistent with the City’s Goals and Policies adopted for the provision for affordable housing. Chairperson Wellman asked if there were any questions of Staff. There was some discussion about the entry from the main units into the second dwelling units. Chairperson Wellman invited the applicant to speak. Jan Kalicki, private property owner, 262 Camino Calafia, San Marcos, CA 92069, addressed the Commission and said access from the main unit to the secondary unit is to provide security for servicing the unit. He added that the door could be locked from either side or both sides at the same time, so there is a full separation between the units. He added that the main entry to the unit is from the ground up from a separate staircase exclusively serving the second dwelling unit. Chairperson Wellman asked about balconies and storage space. Mr. Kalicki stated the conceptual idea of the second dwelling units is that they be the maximum size, which is 640 square feet. Mr. Kalicki said that balconies are not out of the question and could be a good idea. He stated that the units have standard closet space in the bedroom (about 5 x 3); pantry in the kitchen; and storage in the triple-car garage. Commissioner Scarpelli asked about the size of the homes, Mr. Kalicki said the size of the homes would vary from 2,600 square feet and up. Commissioner Latas asked about plumbing for a washer and dryer. Mr. Kalicki responded that the garage will be plumbed for laundry and can be plumbed for two sets of units if necessary. He added that he would provide adequate laundry plumbing. Commissioner Scarpelli suggested providing stacked laundry units in the second dwelling units for the convenience of senior citizens or others who may occupy these second-story units. Mr. Kalicki said they can very easily accommodate this, but is concerned about the limited space in the second dwelling units. Chairperson Wellman opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairperson Wellman declared the public testimony closed and opened the item for discussion among the Commission members. ACTION: Motion by Commissioner Scarpelli, and duly seconded, that the Housing Commission ADOPT Resolution No. 96-08/SDP 97-22KDP 97-04, recommending APPROVAL to the Planning Commission of three attached second dwelling units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the creation of 15 single-family lots for future development on the northwest corner of the intersection of Jefferson Street and Chinquapin Avenue. HOUSING COMMISSION MINUTES May 14,1998 Page 4 VOTE: 5-1-0 AYES: NOES: Latas ABSTAIN: None Escobedo, Noble, Scarpelli, Walker, Wellman Commissioner Latas stated he voted against the concept of the project and not the project itself. ANNOUNCEMENTS: Ms. Fountain distributed to the Housing Commission a status report on various housing projects, which is an updated list of where Staff is right now. She said that the June 11 meeting would consist of an update workshop with no specific housing projects being discussed at the meeting. Ms. Fountain said Staff will report on the Section 8 Rental Assistance and CDBG programs and other issues related to housing programs. In July or possibly August, Ms. Fountain reported that there will be several projects coming before the Housing Commission, including Kelly Ranch, Poinsettia Properties, and the Rancho Carrillo project. She asked the Commissioners to inform Staff if they will not be available for the July and/or August meetings to help with scheduling and to make sure there will be a quorum present at these important meetings. There was some discussion about the logistics of scheduling all the projects in one evening. Chairperson Wellman asked that a workshop topic be included in next month’s meeting with an update on where second dwelling units are being built, being sold, and if any have been rented as second dwelling units. Commissioner Escobedo asked about the Laurel Tree project. Mr. Ruiz responded that MAC has been working closely with the Engineering Department to settle grading issues and they are proceeding with the project. Commissioners Latas and Scarpelli brought up issues they have with second dwelling units. Commissioner Latas believes that if second dwelling units are plumbed for indoor laundry units, they would more likely be used as second dwelling units and not as an extra room. Commissioner Scarpelli said that the use of the second door indicates to him that the second dwelling unit will be used for main housing rather than for affordable housing. Commissioner Scarpelli added that the Housing Commission would like to see the second dwelling units as inventory as affordable housing units. Commissioner Noble mentioned that the dwelling units guidelines recommend an entrance from the main unit to the second dwelling unit under certain conditions. ADJOURNMENT: By proper motion, the Regular meeting of May 14, 1998 was adjourned at 6:45 p.m. mly submitted, \ IEBBIE FOUNTAIN W c Housing and Redevelopment Director HOUSING COMMISSION MINUTES May 14,1998 Page 5 KATHY VAN PELT Minutes Clerk MINUTES ARE ALSO TAPED AND KEPT ON FILE UNTIL THE WRITTEN MINUTES ARE APPROVED. The City of Carlsbad Housing & Uedevelopment Departmnt A REPORT TO THE HOUSING COMMISSION Stafi Craig D. Ruiz Management Analtlst DATE: MAY 14,1998 SUBJECT: CT 97-23/SDP 97-26 - O'GARA (MAGNOLIA SUBDIVISION) - REQUEST FOR I. 11. 111. RECOMMENDATION OF APPROVAL TO THE PLANNING COMMISSION OF TWO ATTACHED SECOND DWELLING UNITS IN ORDER TO SATISFY THE REQUIREMENTS OF THE INCLUSIONARY HOUSING ORDINANCE FOR THE CREATION OF NINE SINGLE FAMILY LOTS FOR FUTURE DEVELOPMENT ON THE NORTHWEST CORNER OF THE INTERSECTION OF MAGNOLIA AVENUE AND ADAMS STREET. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 98-007, recommending APPROVAL to the Planning Commission of two attached second dwelling units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the creation of nine single family lots for future development on the Northwest corner of the intersection of Magnolia Avenue and Adams Street. PROTECT BACKGROUND The applicant is proposing to subdivide a 2.1-acre site into nine single family lots to be developed at some time in the future. No actual development is proposed at this time. The subdivider's inclusionary housing obligation is 1.35 total units (15% x 9). The subdivider proposes to satisfy this requirement by providing two attached second dwelling units. AFFORDABLE PROTECT DESCRIPTION A. Location The Magnolia Subdivision is located on the northwest corner of the intersection of Magnolia Avenue and Adams Street. The affordable second dwelling units will be located on Lots 8 and 9 as shown on proposed Tentative Map CT 97-23 (See attached Exhibit 3). CT 97-23/SDP 97-26 - O'GARA (MAGNOLIA SUBDIVISION) MAY 14,1998 PAGE 2 TOTAL MARKET UNITS 9 B. Unit Mix SECOND UNITS BR's SIZE (SF) 2 O* 406 The two Second Dwelling Units will both be 406 square feet studio apartments. While the units are detached from the primary dwelling, the units will be attached to a two-car garage. Each unit will have a private entrance and private patio. The units have been designed consistent with the Second Dwelling Guidelines as established by the Housing Commission. AFFORDABLE UNITS I I I V. SITE The site is located on the northwest corner of the intersection of Magnolia Avenue and Adam Street. The site is currently vacant with surrounding land uses including primarily single family detached residences. VI. AFFORDABILITY A. Rent and Income Levels If rented, each unit will be restricted and affordable to households with incomes not exceeding 80% of the area median. B. Terms of Affordability An Affordable Housing Agreement will be executed with the developer to ensure the affordability for the project's useful life or 55 years; as required by the City's Inclusionary Housing Ordinance CT 97-23/SDP 97-26 - OGARA (MAGNOLIA SUBDMSION) MAY 14,1998 PAGE 3 VII. VIII. C. Target Population ~~~ ~ ~~ In summary, the proposal is consistent with Second Dwelling Unit Guidelines as adopted by the Housing Commission. Further, the project is consistent with the City's goals and policies adopted for the provision of affordable housing. Therefore, staff is The affordable units will be targeted to lower-income households. With a growing number of lower-income jobs in Carlsbad, there is a sigruficant demand for affordable housing for families which will improve the jobs/housing balance. D. Housing Element/ConsoIidated Plan Consistency The proposed affordable housing supports several Housing Element Goals and objective, including Objective 3.5 (Lower Income New Construction), Objective 3.6 (Inclusionary Housing), and Goal 4 (Jobs-Housing Balance). The City of Carlsbad's Consolidated Plan identifies housing opportunities for lower-income renter families as a top ranking priority. The proposed project meets the priorities, goals and objectives of the City for affordable housing. FINANCIAL At this time, the developer is not requesting financial assistance for the development of the two affordable units. SUMMARY It is the role of the Housing Commission to make recommendations to the City Council based on several considerations with respect to affordable housing projects. These are: The proposal's effectiveness in serving the City's needs and priorities as expressed in the Housing Element of the General Plan and the HUD Consolidated Plan. The proposal's consistency with the City's affordable housing policies and ordinances as expressed in the Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance, etc. The proposal's development and operating feasibility, emphasizing the development team capacity, financing sources and the role of the City in pl.oviding financial assistance or incentives. CT 97-23/SDP 97-26 - OGARA (MAGNOLIA SUBDIVISION) MAY 14,1998 PAGE 4 recommending that the Housing Commission approve a recommendation to the Planning Commission to approve the Site Development Plan to approve the Magnolia Subdivision Affordable Housing Project and the related affordable housing agreement, in substantially the form presented at this time. IX. EXHIBITS 1. Housing Commission Resolution No. 98-007 2. Draft Affordable Housing Agreement 3. Reduced Plan Exhibits 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 98-007 THAT THE HOUSING COMMISSION RECOMMEND APPROVAL TO THE PLANNING COMMISSION OF TWO ATTACHED SECOND DWELLING UNITS IN ORDER TO SATISFY THE REQUIREMENTS OF THE INCLUSIONARY HOUSING ORDINANCE FOR THE CREATION OF NINE RESIDENTIAL LOTS ON THE NORTHWEST CORNER OF THE INTERSECTION OF MAGNOLIA AVENUE AND ADAMS STREET. APPLICANT: MICHAEL O’GARA CASE NO: CT 97-231 SDP 97-26 WHEREAS, the developer is currently processing Carlsbad Tract Map CT 97-23 and Site Development Plan SDP 97-26 to create 9 single family residential lots to be developed in the future; WHEREAS, the developer has proposed to construct two attached second dwelling units affordable to lower income households as a means to satisfy their affordable housing obligations as permitted by Carlsbad Municipal Code Section 21.85 of the City’s Inclusionary Housing Ordinance; WHEREAS, the developer’s proposal has been submitted to the City of Carlsbad’s Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 14th day of May, 1998, hold a public meeting to consider said proposal to construct four attached second dwelling units; WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the -. proposal to provide said affordable second dwelling units; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: ... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. The above recitations are true and correct. 2. The project is consistent with the goals and objectives of the City of Carlsbad’s Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. 3. The project will provide a total of two attached second dwelling units affordable to households at 80% or below of the county median which meets a ‘‘medium priority” affordable housing need as outlined within the City of Carlsbad’s approved 1995- 2000 Consolidated Plan. The project, therefore, has the ability to effectively serve the City’s housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. 4. That based on the information provided within the Housing Commission Staff Report and testimony presented during the public meeting of the Housing Commission on May 14, 1998, the Housing Commission ADOPT Resolution No. 98-007, recommending APPROVAL to the Planning Commission of two attached second dwelling units in the Magnolia Subdivision in order to satisfy the requirements of the Inclusionary Housing Ordinance 5. That the Housing Commission recommends that the City Manager or his designee be authorized to execute the Affordable Housing Agreement in substantially the form presented in Exhibit 4 to the Housing Commission Staff Report, subject to review and approval by the City Attorney. Conditions: 1. Recommendation of approval is granted for Site Development Plan 97-26, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in the conditions of project approval by the City Council. ... ... ... -. ... ... ... HC RESO. NO. 98-007 PAGE 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 14'h day of May, 1998, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN DUNN-WELLMAN, CHAIRPERSON CARLSBAD HOUSING COMMISSION DEBBIE FOUNTAIN HOUSING & REDEVELOPMENT DIRECTOR HC RESO. NO. 98-007 PAGE 3 EXHIBIT 2 Recording Requested by: City of Carlsbad When Recorded Mail to: City of Carlsbad City Clerk’s Office Attn: Citv Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (”Agreement”) is entered into this day of 1998, by and between the CITY OF CARLSBAD, a municipal corporation , is made with reference to the (hereinafter referred to as the “City”), and following: RECITALS A. Developers are the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map (CT 97-23), and a Site Development Plan (SDP 97-26), which provides conditional approval of the construction of nine (9) single family dwelling units (“Project”). B. Condition No. -of Planning Commission Resolution No. -, states that this Affordable Housing Agreement shall be entered into between the City and the Developers as a means of satisfying the Developers’ affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 2 1.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. provides that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement for two (2) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to this Agreement are: Lots 8 and 9 of Carlsbad Tract No 97-23, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. filed with the County Recorder of San Diego County on NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Recitals Are True And Correct. 04/24/98 1 2. SATISFACTION OF AFFORDABLE HOUSING REOUIREMENTS THROUGH CONSTRUCTION OF SECOND DWELLING UNITS. Performance under this Agreement satisfies the Developers’ obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. 97-23 by reason of the approvals of the Tentative Map of CT 97-23, including Condition No. -, listed in Planning Commission Resolution No. -, and Site Development Plan (SDP 97-26), and any other applicable approval. 3. SECOND DWELLING UNITS. (a) Construction of Second Dwellinn Units. Developers shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 2 1.10.0 15. (b) Restriction on Rental of Second Dwelling Unit. The maximum monthly rent for any Second Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of 1/12* of thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) of the San Diego County median income, as such median income is published by the United States Department of Housing and Urban Development from time to time. A sample schedule showing the calculation of the maximum rental amount as for 1997 is attached to this Agreement as Attachment “B”. (c) Declaration. Developers shall require the purchaser from Developers of an Affordable Housing Lot upon which a Second Dwelling Unit has been constructed to sign an affidavit or declaration under penalty of perjury, in a form prescribed by the City Planning Director, which states that if the Second Dwelling Unit on the Affordable Housing Lot is rented that it shall be rented at a monthly rental rate not to exceed the rate set forth in Paragraph 2(b). Developers shall forward the original declaration to the City Planning Director for maintenance in the City’s files, and retain a copy for its own files in the event proof becomes necessary. (d) Deed Restriction, Prior to the sale of an affected lot, the Developers shall provide proof to the City Planning Director that the language contained in Exhibit “Cy’ has been included in each deed prior to the sale of an affected property and will run with the land so as to restrict subsequent transfers. 4. CONSTRUCTION PHASING OF PROJECT AND AFFORDABLE HOUSING LOTS. Developers will build the Project in accordance with SDP 97-26. Further, the Second Dwelling Units must be constructed in a reasonable proportion to the Project construction. 04/24/98 2 5. REMEDIES Failure by the Developers to perform in accordance with this Agreement will constitute failure to satisfl the requirements of Chapter 21.85 of the Carlsbad Municipal Code and Condition No. of Planning Commission Resolution No. - . Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. 97-23. 6. HOLD HARMLESS Developers will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnitees”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands suits, actions, obtained, allegedly caused by, arising out of or retaining in any manner to Developers’ actions or defaults pursuant to this Agreement, and shall protect and defend Indemnitees, and any of them with respect thereto. Developers shall obtain, at its expense, comprehensive general liability insurance for development of the ($1,000,000) purchased by Developers from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best’s Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Project. 7. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing & Redevelopment Director 2965 Roosevelt Street, Suite B Carlsbad, California 92008-2389 TOTHEDEVELOPERS: Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 8. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 04120198 3 9. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. The restriction set forth in Paragraph 2(b) above shall terminate as to the Affordable Housing Lot at such time as the Second Dwelling Unit on the Affordable Housing Lot has reached the end of its useful life, which is assumed to be not less than 55 years from the date of completion of original construction. 10. SUCCESSORS This Agreement shall benefit and bind Developers and any successive owners of Affordable Housing Lots. 11. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in hll force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPERS CITY (Insert Name) City of Carlsbad, a Municipal corporation By: By: (Name, Title) MARTIN ORENYAK, Community Development Director APPROVED AS TO FORM: RONALD R. BALL CITY ATTORNEY c O4/2O/9 8 4 04/20/98 A - ATTACHMENT A LEGAL DESCRIPTION OF SUBJECT PROPERTY 5 ATTACHMENT B MAXIMUM MONTHLY RENTAL AMOUNT 6 ATTACHMENT C DEED RESTRICTION A Second Dwelling Unit has been constructed as part of this property, and shall be maintained and utilized in accordance with the requirements of Carlsbad Municipal Code Section 21.10.01 5 for the useful life of the main structure (estimated to be 55 years). The maximum monthly rent for the Second Dwelling Unit, if rented or leased, shall not exceed an amount equal to thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) of the San Diego County median income as such median income is published by the United States Department of Housing and Urban Development from time to time. Prior to subsequent transfers of the property, seller shall require the purchaser to submit a signed affidavit or declaration under penalty of perjury on a form satisfactory to the City Planning Director, to the Planning Department, which acknowledges that the purchaser has read and understand the restrictions as they relate to the Second Dwelling Unit. 7 c - 1 MRGNOllR SUBDIVISION CITY OF OCEANSIDE EXHIBIT 3 TY \ I 1RDWlG DESIGN Gf?OUP, IN<. 703 PRLOMRR AIRPORT ROAD SUIT€ 300 CRRlSBAD, CA 92009 (760) 438-3182 FAX (760) 438-0173 1- 1 044 12/8/07 ., . .' . ... :. t, , . ! 4: . .I . . . . _. . .. ... . . . , ... -_ . '..: .. . . . I .. .. . . . . . . . .. . , .. .. . .. . . . . . I! ji I I c CI'- 4 *'.E' I f 40'. 9, . .a*'.+' f P 1 41'4 1 I e The Ci@ of Carfsbad Housing & Redevefopment Department A REPORT TO THE HOUSING COMMISSION I Item No. 2 Staff: Craig D. Ruiz Management Analyst DATE: MAY 14,1998 SUBFCT: CT 96-08/SDP 97-2YCDP 97-04 - KALICKI (TEFFERSON-CHINQUAPIN PROTECT1 - REQUEST FOR RECOMMENDATION OF APPROVAL TO THE PLANNING COMMISSION OF THREE ATTACHED SECOND DWELLING UNITS IN ORDER TO SATISFY THE REQUIREMENTS OF THE INCLUSIONARY HOUSING ORDINANCE FOR THE CREATION OF 15 SINGLE FAMILY LOTS FOR FUTURE DEVELOPMENT ON THE NORTHWEST CORNER OF THE INTERSECTION OF JEFFERSON STREET AND CHINQUAPIN AVENUE I. 11. 111. RECOMMENDATION That the Housing Commission ADOPT Resolution No. 98-006, recommending APPROVAL to the Planning Commission of three attached second dwelling units in order to satisfy the requirements of the Inclusionary Housing Ordinance for the creation of 15 single family lots for future development on the Northwest corner of the intersection of Jefferson Street and Chinquapin Avenue. PROJECT BACKGROUND The applicant is proposing to subdivide a 3.4-acre site into 15 single family lots to be developed at some time in the future. No actual development is proposed at this time. The subdivider’s inclusionary housing obligation is 2.25 total units (15% x 15). The subdivider proposes to satisfy this requirement by providing three attached second dwelling units. AFFORDABLE PROTECT DESCRIPTION A. Location The Jefferson Chinquapin Project is located on the northwest corner of the intersection of Jefferson Street and Chinquapin Avenue. The affordable second dwelling units will be located on the second level (over the garage) of the main units on Lots 2, 4, and 8 as shown on proposed Tentative Map CT 96-08 (See attached Exhibit 3). x CT 96-08ISDP 97-22/CDP 97-04 - KALICKI (JEFFERSON/CHINQUAPIN PROJECT) MAY 14, 1998 PAGE 2 B. Unit Mix Iv. V. VI. The three second dwelling units will each be 640 square feet, one-bedroom apartments. The second units are located above the garage and have both a private access and access to the primary dwelling. Because the second units are accessible from the primary dwelling, the applicant is providing one-bedroom units as required by Commission's Second Dwelling Unit Guidelines. I TOTALMARKETUNITS I SECONDUNITS I BR's I SIZE(SF) I 15 3 DEVELOPMENT TEAM A. Subdivider -Jan Kalicki B. Engineer - Conrad Ha-, Jr. - SITE The site is located on the Northwest comer of Jefferson Street and Chinquapin Avenue. The site has been previously developed with two small single family structures and some large greenhouses. These structures will all be removed. Surrounding land uses include primarily single family detached residences. AFFORD ABILITY A. Rent and Income Levels The three attached second dwelling units will be restricted and affordable to households with incomes not exceeding 80% of the area median. B. Terms of Affordability An Affordable Housing Agreement will be executed with the developer to ensure the affordability for the project's useful life or 55 years, as required by the City's Inclusionary Housing Ordinance CT 96-OWSDP 97-22KDP 97-04 - KALICKI (EFFERSONEHINQUAPIN PROJECT) MAY 14, 1998 PAGE 3 C. Target Population The affordable units will be targeted to lower-income households. With a growing number of lower-income jobs in Carlsbad, there is a sigruficant demand for affordable housing for families which will improve the jobs/housing balance. D. Housing Element/Consolidated Plan Consistency The proposed affordable housing supports several Housing Element Goals and objective, including Objective 3.5 (Lower Income New Construction), Objective 3.6 (Inclusionary Housing), and Goal 4 (Jobs-Housing Balance). The City of Carlsbad's Consolidated Plan identifies housing opportunities for lower-income renter families as a medium ranking priority. The proposed project meets the priorities, goals and objectives of the City for affordable housing. VII. FINANCIAL At this time, the developer is not requesting financial assistance. VIII. SUMMARY It is the role of the Housing Commission to make recommendations to the City Council based on several considerations with respect to affordable housing projects. These are: The proposal's effectiveness in serving the City's needs and priorities as expressed in the Housing Element of the General Plan and the HUD Consolidated Plan. The proposal's consistency with the City's affordable housing policies and ordinances as expressed in the Housing Element, Inclusionary Housing Ordinance, Density Bonus Ordinance, etc. The proposal's development and operating feasibility, emphasizing the development team capacity, financing sources and the role of the City in providing financial assistance or incentives. In summary, the proposal is consistent with Second Dwelling Unit Guidelines as adopted by the Housing Commission. Further, the project is consistent with the City's goals and policies zdopted for the provision of affordable housing. Therefore, staff is recommending that the Housing Commission approve a recommendation to the Planning Commission to approve the Site Development Plan for the Jefferson Chinquapin Affordable Housing Project and the related affordable housing agreement, in substantially the form presented at this time. IX. EXHIBITS 1. Housing Commission Resolution No. 98-006 2. Draft Affordable Housing Agreement 3. Reduced Plan Exhibits . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING COMMISSION RESOLUTION NO. 98-006 THAT THE HOUSING COMMISSION RECOMMEND APPROVAL TO THE PLANNING COMMISSION OF THREE ATTACHED SECOND DWELLING UNITS IN ORDER TO SATISFY THE REQUIREMENTS OF THE INCLUSIONARY HOUSING ORDINANCE FOR THE CREATION OF 15 RESIDENTIAL LOTS ON THE NORTHWEST CORNER OF THE INTERSECTION OF JEFFERSON STREET AND CHINQUAPIN AVENUE. APPLICANT: JAN KALICKI CASE NO: CT 96-08BDP 97-22/CDP 97-04 WHEREAS, the developer is currently processing Carlsbad Tract Map CT 96-08 to create 15 single family residential lots to be developed in the future; WHEREAS, the developer has proposed to construct three attached second dwelling units affordable to lower income households as a means to satisfy their affordable housing obligations as permitted by Carlsbad Municipal Code Section 21.85 of the City’s Inclusionary Housing Ordinance; WHEREAS, the developer’s proposal has been submitted to the City of Carlsbad’s Housing Commission for review and consideration; WHEREAS, said Housing Commission did, on the 14’ day of May, 1998, hold a public meeting to consider said proposal to construct three attached second dwelling units; WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Commission considered all factors relating to the proposal to provide said affordable second dwelling units; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing Commission of the City of Carlsbad, California, as follows: 1. The above recitations are true and correct. . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. 3. 4. 5. The project is consistent with the goals and objectives of the City of Carlsbad's Housing Element and Comprehensive Housing Affordability Strategy, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. The project will provide a total of three attached second dwelling units affordable to households at 80% or below of the county median which meets a "medium priority" affordable housing need as outlined within the City of Carlsbad's approved 1995- 2000 Consolidated Plan. The project, therefore, has the ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan. That based on the information provided within the Housing Commission Staff Report and testimony presented during the public meeting of the Housing Commission on May 14, 1998, the Housing Commission ADOPT Resolution No. 98-006, recommending APPROVAL to the Planning Commission of three attached second dwelling units in the Jefferson Chinquapin Project in order to satisfy the requirements of the Inclusionary Housing Ordinance That the Housing Commission recommends that the City Manager or his designee be authorized to execute the Affordable Housing Agreement in substantially the form presented in Exhibit 4 to the Housing Commission Staff Report, subject to review and approval by the City Attorney. Conditions: 1. Recommendation of approval is granted for Site Development Plan 97-22, incorporated by reference and on file in the Housing and Redevelopment Department. Development shall occur substantially as shown unless otherwise noted in the conditions of project approval by the City Council. .. .. .. ... ... HC RESO. NO. 98-006 PAGE 2 1 4 c 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Housing Commission of the City of Carlsbad, California, held on the 141b day of May, 1998, by the following vote, to wit: AYES: NOES: AB SENT: ABSTAIN: KATHLEEN DUNN-WELLMAN, CHAIRPERSON CARLSBAD HOUSING COMMISSION DEBBIE FOUNTAIN HOUSING & REDEVELOPMENT DIRECTOR HC RESO. NO. 98-006 PAGE 3 EXHIBIT 2 RECORDING REQUESTED BY: City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad City Clerk‘s Office Attn: City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008 (Space above for Recorder’s Use) AFFORDABLE HOUSING AGREEMENT THIS AFFORDABLE HOUSING AGREEMENT (”Agreement”) is entered into this - day of , 1998, by and between the CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as the “City”), and , is made with reference to the following: RECITALS A. Developers are the owner of certain real property in the City of Carlsbad, County of San Diego, State of California, described in “Attachment A”, which is attached hereto and incorporated herein by this reference, and which is the subject of a Tentative Map (CT96-08), a Coastal Development Permit (CDP 97-04) and a Site Development Plan (SDP 97-22)? which provides conditional approval of the construction of 15 single family dwelling units (“Project”). Condition No. ? of Planning Commission Resolution No. , states that this Affordable Housing Agreement shall be entered into between the City and the Developers as a means of satisfying the Developers’ affordable housing obligation (“Affordable Housing Obligation”), as such is defined under Chapter 21.85 of the Carlsbad Municipal Code. Planning Commission Resolution No. provides that the Affordable Housing Obligation will be satisfied by applying the requirements set forth in this Agreement for three (3) affordable housing lots (“Affordable Housing Lots”). The Affordable Housing Lots which are subject to this Agreement are: Lots 2, 4, and 8 of Carlsbad Tract No 97-23, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. , filed with the County Recorder of San Diego County on NOW, THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The Recitals Are True And Correct. 2. SATISFACTION OF AFFORDABLE HOUSING REQUIREMENTS THROUGH CONSTRUCTION OF SECOND DWELLING UNITS. Performance under this Agreement satisfies the Developers’ obligation for affordable housing under Chapter 21.85 of the Carlsbad Municipal Code as applied to the land covered by Carlsbad Tract No. 97-23 by reason of the approvals of the Tentative Map of CT96-08, including Condition No. -, listed in Planning Commission Resolution No. , and Site Development Plan (SDP 97-22), and any other applicable approval. 3. SECOND DWELLING UNITS. (a) Construction of Second Dwelling Units. Developers shall at the time a residential structure is constructed on the Affordable Housing Lot, include in such residential structure a Second Dwelling Unit as defined under and subject to the requirements contained in Municipal Code Section 21.10.015. (b) Restriction on Rental of Second Dwelling Unit. The maximum monthly rent for any Second Dwelling Unit, subject to this Agreement, which becomes rented or leased shall not exceed an amount of 1/12th of thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) of the San Diego County median income, as such median income is published by the United States Department of Housing and Urban Development from time to time. A sample schedule showing the calculation of the maximum rental amount as for 1996 is attached to this Agreement as Attachment “B”. (c) Declaration. Developers shall require the purchaser from Developers of an Affordable Housing Lot upon which a Second Dwelling Unit has been constructed to sign an affidavit or declaration under penalty of perjury, in a form prescribed by the City Planning Director, which states that if the Second Dwelling Unit on the Affordable Housing Lot is rented that it shall be rented at a monthly rental rate not to exceed the rate set forth in Paragraph 2(b). Developers shall forward the original declaration to the City Planning Director for maintenance in the City’s files, and retain a copy for its own files in the event proof becomes necessary. (d) Deed Restriction. Prior to the sale of an affected lot, the Developers shall provide proof to the City Planning Director that the language contained in Exhibit “C” has been included in each deed prior to the sale of an affected property and will run with the land so as to restrict subsequent transfers. 4. CONSTRUCTION PHASING OF PROJECT AND AFFORDABLE HOUSING LOTS. Developers will build the Project in accordance with SDP 97-22. Further, the Second Dwelling Units must be constructed in a reasonable proportion to the Project construction. 5. REMEDIES Failure by the Developers to perform in accordance with this Agreement will constitute failure to satisfy the requirements of Chapter 2 1.85 of the Carlsbad Municipal Code and Condition No. of Planning Commission Resolution No. . Such failure will allow the City to exercise any and all remedies available to it including but not limited to withholding the issuance of building permits for the lots shown on Carlsbad Tract No. 97-23. 6. HOLD HARMLESS Developers will indemnity and hold harmless (without limit as to amount) City and its elected officials, officers, employees and agents in their official capacity (hereinafter collectively referred to as “Indemnities”), and any of them, from and against all loss, all risk of loss and all damage (including expense) sustained or incurred because of or by reason of any and all claims, demands suits, actions, obtained, allegedly caused by, arising out of or retaining in any manner to Developers’ actions or defaults pursuant to this Agreement, and shall protect and defend Indemnities, and any of them with respect thereto. Developers shall obtain, at its expense, comprehensive general liability insurance for development of the ($1,000,000) purchased by Developers from an insurance company duly licensed to engage in the business of issuing such insurance in the State of California, with a current Best’s Key Rating of not less than A-V, such insurance to be evidenced by an endorsement which so provides and delivered to the City Clerk prior to the issuance of any building permit for the Project. 7. NOTICES All notices required pursuant to this Agreement shall be in writing and may be given by personal delivery or by registered or certified mail, return receipt requested to the party to receive such notice at the address set forth below: TO THE CITY: City of Carlsbad Housing and Redevelopment Department Attn: Housing and Redevelopment Director .2965 Roosevelt Street, Suite B Carlsbad, California 92008-23 89 TO THE DEVELOPERS: Any party may change the address to which notices are to be sent by notifying the other parties of the new address, in the manner set forth above. 8. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties and no modification hereof shall be binding unless reduced to writing and signed by the parties hereto. 9. DURATION OF AGREEMENT This Agreement shall terminate and become null and void upon repeal, termination, or modification of any applicable ordinance which act would render the Affordable Housing Obligation unnecessary or unenforceable. The restriction set forth in Paragraph 2(b) above shall terminate as to the Affordable Housing Lot at such time as the Second Dwelling Unit on the Affordable Housing Lot has reached the end of its useful life, which is assumed to be not less than 55 years from the date of completion of original construction. 10. SUCCESSORS This Agreement shall benefit and bind Developers and any successive owners of Affordable Housing Lots. 11. SEVERABILITY In the event any provision contained in this Agreement is to be held invalid, void or unenforceable by any court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless, be and remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed as of the day and year first above written. DEVELOPERS: CITY OF CARLSBAD A Municipal Corporation By: By: (Name/Title) MARTIN ORENYAK Community Development Director By: (Nameflitle) APPROVED AS TO FORM: RONALD R. BALL CITY ATTORNEY ATTACHMENT “A” LEGAL DESCRIPTION OF SUBJECT PROPERTY ATTACHMENT “B” MAXIMUM MONTHLY RENTAL AMOUNT ATTACHMENT “C” DEED RESTRICTION A Second Dwelling Unit has been constructed as part of this property, and shall be maintained and utilized in accordance with the requirements of Carlsbad Municipal Code Section 21.10.015 for the useful life of the main structure (estimated to be 55 years). The maximum monthly rent for the Second Dwelling Unit, if rented or leased, shall not exceed an amount equal to thirty percent (30%) of the gross monthly income of a low-income household, adjusted for household size, at eighty percent (80%) of the San Diego County median income as such median income is published by the United States Department of Housing and Urban Development from time to time. Prior to subsequent transfers of the property, seller shall require the purchaser to submit a signed affidavit or declaration under penalty of perjury on a form satisfactory to the City Planning Director, to the Planning Department, which acknowledges that the purchaser has read and understand the restrictions as they relate to the Second Dwelling Unit. EXHIBIT 3 -- i ! i i 1 i I i j ! i I I I ! ! i .... ... I f fi .. ., _'. I !' I. c--- rc"% I K. -- -- ! r .- .- -- . : .I ., .~ .... -- ... . , _. . _-___ 'h . .-. . J: .. 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