HomeMy WebLinkAboutMP10-01; McMillin QC2, LLC; 2015-0233607; Affordable Housing Agreement/ReleaseDOC# 2015-0233607
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, Califomia 92008
May 11, 2015 09:13 AM
OFFICIAL RECORDS
Ernest J. Dronenburg Jr
SAN DIEGO COUNTY RECORDER
FEES: $0.00
PCOR: N/A
(Space above for Recorder's Use)
AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY
(Master Plan Only)
This Affordable Housing Agreement Imposing Restrictions on Real Property ("Agreement"),
entered into this 5£hday of iW/vibrr?, 2014, by and between the CITY OF CARLSBAD, a chartered
municipal corporation ("City"), and McMILLIN QC2, LLC, a Delaware limited liability company
("Developer"), is made with reference to the following:
A. Developer is the owner of or has the right to acquire certain real property in the City of
Carlsbad, County of San Diego, Califomia (the "Subject Property") described in "Attachment A" (Legal
Description), which is attached hereto and incorporated herein by reference.
B. The City Council has approved the Quarry Creek Master Plan (MP 10-01, as amended,
the "Master Plan") and associated entitlements for the Master Development subject to certain Conditions
of Approval. The Master Plan allows for the development of a maximum of 636 residential units
("Master Development") on the Subject Property. The Master Plan approval was conditioned to restrict
fifteen percent (15%) of the total number of for-sale (ownership) housing units constructed in the Master
Development to be affordable housing pursuant to the City's Inclusionary Housing Ordinance (Carlsbad
Municipal Code ("CMC") Chapter 21.85), and five percent (5%) of the total number of rental housing
units to be affordable to low income households, with a minimum number of low income restricted
affordable dwelling units within the Master Plan area to be no less than ten percent (10%) of the total
number of approved dwelling units (for-sale and/or rental).
The Master Development may consist of single family and multi-family development
areas.
D. Developer has not yet determined how it will meet its inclusionary housing requirement
as set forth in this Agreement and the Master Plan conditions of approval. An amendment to this
Agreement shall be required to detail the manner in which the inclusionary requirements will be satisfied
when the required Site Development Plan for affordable housing development within the Master
Development is approved by the City Planning Commission.
E. Developer is required by the Conditions of Approval for the Master Plan and related
approvals to enter into an Affordable Housing Agreement with the content specified by CMC Chapter
21.85. This Agreement satisfies that requirement pursuant to CMC Section 21.85.140, and shall be signed
and recorded prior to the approval of the first Final Map for the Subject Property. This Agreement shall
permit the approval of a Final Map for up to six hundred thirty-six (636) housing units for the Subject
Property, which shall include a minimum of no less than ten percent (10%) of the total number of housing
AHA QUARRY CREEK 29SEP14
units approved (for-sale and/or rental) as restricted affordable housing units. Unless this Agreement is
amended and approved by both parties, the maximum number of housing units affordable to low income
households required to be developed within the Master Plan area under this Agreement shall be
ninety-five (95) total. (The ninety-five (95) unit total requirement assumes that all of the market rate units
would be for-sale product; the requirement would be smaller than ninety-five (95) if some of the units
constructed within the Master Development are rental housing units, as more particularly described in this
Agreement.) The affordable units may be provided as a rental or for-sale housing product or any
combination thereof If the Master Plan is amended to allow the maximum number of total (market rate
and affordable) housing units to be constructed within the Master Development to exceed six hundred and
thirty-six (636) units, this Agreement shall be amended.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Satisfaction of Affordable Housing Obligation and Conditions of Approval. In order to
satisfy the Conditions of Approval of the Master Plan (MP 10-01) and the requirements of CMC Chapter
21.85, Developer shall obtain approval of a Site Development Plan which includes dwelling units to be
rented or sold at an affordable rental rate or sales price to low income households (the "Affordable
Units") in a total amount equal to fifteen percent (15%) of the total for-sale dwelling units and five
percent (5%) of the total rental dwelling units constmcted within the Master Plan, but not less than a
minimum of ten percent (10%) of the total number of housing units (for-sale and/or rental) within the
Master Plan as approved by the City Council, according to the schedule and terms contained herein. The
affordable housing obligation shall not apply to nonresidential development within the Master Plan area.
This Agreement shall be amended upon approval of the Site Development Plan to incorporate the details
ofthe affordable unit development into this Agreement.
2. Terms Goveming Provision of Affordable Units. Provision of the Affordable Units shall
be governed by the following terms:
2.1 Location of Affordable Units. Pursuant to the Master Plan, the Affordable Units
shall be located in Planning Area R-l and/or Planning Area R-2, or within another residential planning
area(s) approved by the City. A Site Plan, showing the general location of an affordable project in
Planning Area R-l is attached as Attachment D to this Agreement. A Site Development Plan that
complies with CMC Chapter 21.85.140(A) must be approved by the City Planning Commission to
identify the location of the Affordable Units within the Master Development and details of the affordable
development, and this Agreement must be amended to identify the location of the Affordable Units and
details ofthe affordable housing development as set forth in the approved Site Development Plan prior to
the release of any building permits for construction of dwelling units within the Master Development.
2.2 Size and Bedroom Count. The Affordable Units shall include a mix of one, two,
and three bedroom units in the numbers and with the square footages to be indicated in the approved Site
Development Plan; a minimum of ten percent (10%) of the required affordable housing units shall have
three (3) bedrooms.
2.3 Parking. A reduced parking requirement may be allowed for the Planning Area
R-l affordable housing project if approved by the City pursuant to Special Design Criteria 1. of the
Master Plan and the Site Development Plan.
2.4 Affordability Requirements for rental product. If the Affordable Units will be
provided in a rental product ("Affordable Rental Units") within the Master Development, the units shall
be rent restricted to occupancy by households with incomes that do not exceed eighty (80%) of the
median income for San Diego County, adjusted for actual household size. Monthly rents (including utility
AHA QUARRY CREEK 29SEP14 9
allowance as published by the United States Department of Housing and Urban Development) of the
Affordable Rental Units shall not exceed l/12th of 30% of 70%> of the median income for San Diego
County, adjusted for assumed household size appropriate for the unit. Median income figures shall be
those published annually by the United States Department of Housing and Urban Development. Assumed
household size figures shall be provided to Developer by the City of Carlsbad Housing and Neighborhood
Services Department. With respect to each Affordable Rental Unit, the affordability requirements of this
Section 2.4 shall continue for fifty-five (55) years from the date of issuance of a Certificate of Occupancy
by the City for such unit. The Regulatory Agreement between the Developer or its successor and the City,
provided for in Section 2.8.4 below, shall set forth affordability requirements of this Section 2.4 and shall
supersede this Agreement with respect to the Affordable Rental Units upon recordation of the Regulatory
Agreement.
2.5 Affordability Requirements for for-sale. ownership product. If the affordable
units will be provided in a for-sale, ownership product ("Affordable For-Sale Units") within the Master
Development, the Affordable For-Sale Units shall be price restricted to occupancy by households with
incomes, at the time of initial occupancy, that do not exceed eighty (80%) of the median income for San
Diego County, adjusted for actual household size. Monthly housing costs (including mortgage payment,
interest, taxes, homeowner association fees, mortgage insurance, utility allowance as published by the
United States Department of Housing and Urban Development, and other similar costs) of the Affordable
For-Sale Units shall not exceed 1/12th of 35% of 80%i of the median income for San Diego County,
adjusted for assumed household size appropriate for the unit. Median income figures shall be those
published annually by the United States Department of Housing and Urban Development. Assumed
household size figures shall be provided to Developer by the City of Carlsbad Housing and Neighborhood
Services Department. With respect to each Affordable For-Sale Unit, the affordability requirements of
this Section 2.5 shall continue for thirty (30) years from the date of issuance of a Certificate of Occupancy
by the City for such unit. The Resale and Restriction Agreement and related loan documents between the
homebuyer or its successor and the City, provided for in Section 2.8.4 below, shall set forth the
affordability requirements of this Section 2.5 and shall supersede this Agreement with respect to the
Affordable For-Sale Units upon recordation of the Resale and Restriction Agreement.
2.6 Schedule for Developing Affordable Units. Developer shall provide the
Affordable Units concurrently with the related market rate home construction. The market rate units may
be developed pursuant to the following schedule and as graphically depicted on Attachment B to this
Agreement:
2.6.1 Prior to the approval of any Final Map for the Master Development, this
Agreement shall be duly signed and recorded against the Subject Property.
2.6.2 Upon completion and approval of a Site Development Plan for the
required Affordable Units identifying the location and product and related development details for said
Affordable Units within the Master Development, this Agreement shall be amended concurrently to
incorporate the details of the Affordable Unit development into this Agreement, duly signed and recorded
against all residential planning areas within said Master Development.
2.6.3 Upon satisfying the applicable condition stated in Section 2.6.1 above.
Final Maps for individual planning areas up to a maximum of 636 total housing units anywhere within the
Master Development units may be recorded. No building permits may be released within the Master
Development until such time as a Site Development Plan has been approved for the Affordable Units and
this Agreement has been subsequently amended as set forth in Section 2.6.2 above.
2.6.4 Upon approval of the Site Development Plan for the Affordable Units
AHA QUARRY CREEK 29SEPI4 o
and amendment of this Agreement, execution, and recordation against the residential planning areas
within the Master Development, building permits may be released for all of the required Affordable Units
and an additional approximately thirty-three percent (33%) of the market rate housing units (i.e., 636
minus the number of Affordable Units) shall be released at Developer's request anywhere in the Subject
Property. The final number of market rate building permits to be released for market rate units will
depend upon the number of affordable units provided within the approved Site Development Plan and set
forth in the amended Agreement.
2.6.5 Once building permits have been released and the foundations for the
Affordable Units are complete, inspected and approved by City, an additional thirty-three percent (33%)
of the total building permits for market rate housing units shall be released at Developer's request
anywhere in the Subject Property. The final number of market rate building permits to be released for
market rate units will depend upon the number of affordable units provided within the approved Site
Development Plan and set forth in the amended Agreement.
2.6.6 Once the fmal Certificate of Occupancy is issued for the last of the
Affordable Units to be constructed, building permits for the remaining market rate housing units shall be
released at Developer's request anywhere in the Subject Property.
2.6.7 If the Developer provides within the Master Development a greater number
of affordable units than the minimum specified in Section 1 above. Developer shall have the right, subject
to City Council approval, to use the number of units which exceed the minimum (the "Excess Affordable
Units"), to satisfy other affordable housing obligations for other developments within the Northeast
Quadrant of the City. Developer shall have the right to transfer the rights to the Excess Affordable Units,
in whole or in part, to another developer of a housing development within the Northeast Quadrant of the
City, subject to City Council approval of the offsite satisfaction of the affordable housing obligation for
the altemate residential development
2.7 Developer Right to Designate Market Rate Units. Developer shall have the
exclusive right to determine which market rate units within the Subject Property are eligible for release of
building permits in accordance with the foregoing phasing schedule, notwithstanding subsequent sale of
portions ofthe Subject Property. Developer shall designate which market rate units are eligible by giving
City written notification thereof from time to time as the various phasing thresholds are achieved.
2.8 Citv Approval of Documents. The following documents, in form and substance
as prepared by the City, shall be used in connection with the rental of the Affordable Units. Such
documents shall be prepared by the Developer and submitted to the Housing and Neighborhood Services
Director for the City for review and approval, with the exception of the regulatory agreement noted in
Section 2.8.4 which shall be prepared by the Housing and Neighborhood Services Director for the City
and submitted to the developer of the Affordable Units for execution and recordation against the property
for the Affordable Units:
2.8.1 A marketing plan establishing the process for seeking, selecting and
determining the eligibility of the Quarry Creek Affordable Units.
2.8.2 A form of Rental Agreement.
2.8.3 A property management plan.
2.8.4 A form of regulatory agreement between the Developer or its successor
and the City ("Regulatory Agreement").
AHA QUARRY CREEK 29SEF14
3. Compliance Report. Following completion of constmction of the Quarry Creek
Affordable Units, a Compliance Report meeting the requirements of CMC Section 21.85.140, verifying
compliance of the completed Affordable Units with the terms of this Agreement and certified as correct
by a third-party, shall be submitted annually to the Housing and Neighborhood Services Director. If
similar reports on the Affordable Units are required for regulatory compliance with other financing
programs, those reports may be deemed satisfactory for the purpose of this section by the Housing and
Neighborhood Services Director, with respect to the Affordable Units covered by such reports, provided
that copies of those reports are provided on an annual basis to the Housing and Neighborhood Services
Director with a third party certification addressed to the City.
4. Release of Subiect Property From Agreement. The covenants and conditions herein
contained shall apply to and bind the heirs, executors, administrators, successors, transferees, and
assignees of all the parties having or acquiring any right, title or interest in or to any part of Subject
Property to be developed for residential purposes and shall mn with and burden the Subject Property until
expiration in accordance with Section 12 hereof This Agreement shall not burden or encumber
non-residential portions of the Subject Property and shall not preclude development or issuance of
non-residential permits in any manner. Until residential portions of the Subject Property are released from
the burdens of this Agreement pursuant to this Section 4, the Developer shall expressly make the
conditions and covenants contained in this Agreement a part of any deed or other instrument conveying
any interest in the Subject Property. Notwithstanding anything to the contrary set forth in this Agreement,
individual purchasers of single-family residential units pursuant to an approved public report in
compliance with the Califomia Subdivided Lands Act, and mortgage lenders holding deeds of trust on
such individual units after sale to such purchasers, shall not be subject to the terms of this Agreement; and
the terms of this Agreement shall be of no further force or effect and automatically released without
further action with respect to such completed unit on the date of the recordation of a deed to the
individual purchaser. As market rate units are eligible for release, this Agreement shall be fully released
for those eligible market rate residential units as designated in writing by Developer, which units may be
located anywhere in the Master Development at the sole discretion of Developer. The Agreement shall be
fully released as to the entire Subject Property upon issuance of certificates of occupancy for all
Affordable Units.
5. Default. Failure ofthe Developer to cure any default in the Developer obligations under
the terms of this Agreement within ninety (90) days after the delivery of a notice of defauh from the City
(or where the default is of the nature which cannot be cured within such ninety (90) day period, the failure
of the Developer to commence to cure such default within the ninety (90) day period or the Developer'
failure to proceed diligently to complete the cure of such a default within a reasonable time period, but in
no event greater than 180 days, will constitute a failure to satisfy the Conditions of Approval with respect
to the Subject Property and the requirements of Chapter 21.85 of the CMC and the City may exercise any
and all remedies available to it with respect to the Developer' failure to satisfy the Conditions of Approval
and Chapter 21.85 of the CMC, including but not limited to, the withholding of building permits for the
market rate units within the Master Development.
6. Force Majeure. Performance by any party of its obligation and the phasing restrictions for
release of building permits for market rate units 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 govemmental or quasi-govemmental
entities, enactment of conflicting laws, litigation, acts or neglect of other parties, or any other cause
beyond the reasonable control of a party. Each party shall promptly notify the other parties of any delay
hereunder as soon as possible after the same has been ascertained. The term of this Agreement and the
time or phasing deadlines for such performance shall be extended or excused by the period of any such
AHA QUARRY CREEK 29SEP14 r
delay.
7. Hold Harmless. Developer (or its successor or successors) will indemnify 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, judgments and executions for damages of any and every
kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in
any manner to Developer' actions or defaults pursuant to this Agreement, and shall protect and defend
Indemnitees, and any of them with respect thereto. The provisions of this section shall survive any release
or termination of this Agreement.
8. Insurance Requirements. Developer (or its successor or successors) shall obtain, at its (or
their) expense, comprehensive general liability insurance for development of the Affordable Units naming
Indemnitees as additional named insureds with aggregate limits of not less than Five Million Dollars
($5,000,000), for bodily injury and death and property damage, including coverages for contractual
liability and products and completed operations, purchased by Developer (or its successor or successors)
from an insurance company duly licensed to engage in the business of issuing such insurance in the State,
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
Affordable Multifamily Units.
9. 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, retum receipt requested, to the party to
receive such notice at the address set forth below:
TO THE CITY OF CARLSBAD:
CITY OF CARLSBAD
Housing and Neighborhood Services Department
Attn: Housing and Neighborhood Services Director
1200 Carlsbad Village Drive
Carlsbad, Califomia 92008-2389
TO THE DEVELOPER:
McMILLIN QC2, LLC
c/o Corky McMillin Companies
Attn.: Brian Milich
2750 Womble Road, Suite 200
San Diego, California 92106
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.
10. Integrated 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.
11. Duration of Agreement. This Agreement shall remain in effect for 55 years following the
date certificates of occupancy have been issued for all Affordable Rental Units or 30 years following the
date of certificates of occupancy have been issued for all Affordable For-Sale Units. This Agreement,
AHA QUARRY CREEK 29SEP14 /:
and any section, subsection, or covenant contained herein, may be amended only upon the written consent
of Developer and the Housing and Neighborhood Services Director.
12. Recording of Agreement. The parties hereto shall cause this Agreement to be recorded
against the Subject Property in the official Records of the County of San Diego.
13. Severability. In the event any limitation, condition, restriction, covenant, or provision
contained in this Agreement is to be held invalid, void or unenforceable by any court of competent
jurisdiction, the remaining portions of this Agreement shall nevertheless, be and remain in full force and
effect.
14. Cooperation. The parties acknowledge and agree that this Agreement will require mutual
good faith and cooperation in the timely implementation and performance of this Agreement and that time
is of the essence herein. Each party covenants to the other to expeditiously proceed in good faith to
implement this Agreement, including but not limited to, executing and recording any documents
necessary to release any portion of the Subject Property, processing and approving the Site Development
Plan(s) for the Affordable Units, and finalizing an Affordable Housing Development Agreement for each
Affordable Units project.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
day and year first above written.
DEVELOPER:
McMILLIN QC2, LLC,
a Delaware limitedJi^ilitv^company
3, C
Name: /?^^^ ^IHU4
Title:
Name: 0<D»4 ^H |TCH€^L<>
Title:
CITY:
CITY OF CARLSBAD,
A Chf^tereOi^unicipal Cpiporation
By:
Debbie Fountain
Housing & Neighborhood Services
Director
ATTEST:
By:
Barbara Engleson, City Clerk
APPROVED AS TO FORM
Celia Brewer, City Attomey
4//^' //-/-//
Jane Mobaldi, Assistant City Attorney
Proper notarial acknowledgment of execution must be attached.
If a Corporation, Agreement must be signed by one corporate officer from each of the following two
groups.
*Group A.
Chairman,
** Group B.
Secretary,
AHA QUARRY CREEK 29SEP14
CALIFORNIA ALL PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On October 14, 2014, before me, Ann M. Futo, Notarv Public, personally appeared Brian Milich and
Don Mitchell, who 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 his4ief/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
^ * * * • • n I I - - I ,
ANN M. FUTO ^
Commission # 2002146 t
Notary Public - California f
San Diego County 5
My Comm. Expires Jan 20171
* • mt
This area for official notarial seal
Notary Form 2013
ATTACHMENT A
LEGAL DESCRIPTION
APN: 167-040-21-00 (ENTIRE PROPERTY)
Real property in the City of Carlsbad, County of San Diego, State of Califomia, described as follows:
THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO. 823, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT "J" OF SAID RANCHO; THENCE
SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT "J" SOUTH 69° 36' 25"
WEST 2,149.10 FEET RECORD SOUTH 69° 36' 00" WEST 2,152.00 FEET, MORE OR LESS TO THE
SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF THE LAND DESCRIBED IN
DEED TO ROSA MARRON, RECORDED MAY 1, 1903 IN BOOK 324, PAGE 114 OF DEEDS,
RECORDS OF SAN DIEGO COUNTY; THENCE NORTHERLY ALONG SAID PROLONGATION
AND SAID WESTERLY LINE NORTH 05° 23' 20" WEST, RECORD NORTH 07° 35' 00" WEST,
1,906.40 FEET, TO AN INTERSECTION WITH THE SOUTHERLY LINE OF LAND DESCRIBED IN
A DEED TO THE STATE OF CALIFORNIA FOR FREEWAY PURPOSES, RECORDED
NOVEMBER 13, 1964 AS FILE NO. 206558 OF OFFICIAL RECORDS; THENCE ALONG SAID
SOUTHERLY BOUNDARY, NORTH 54° 35' 03" EAST 61.20 FEET, RECORD NORTH 54° 12' 28"
EAST 66.68 FEET; NORTH 62° 19' 49" EAST, RECORD NORTH 61° 50' 14", EAST 781.78 FEET;
NORTH 70° 22' 43" EAST, RECORD NORTH 70° 00' 08" EAST, 160.25 FEET; NORTH 53° 37' 35"
EAST, RECORD NORTH 53° 15' 00" EAST, 60.91 FEET; NORTH 11° 22' 59" EAST, RECORD
NORTH 11° 00' 24" EAST, 91.21 FEET; NORTH 69° 05' 01" EAST, RECORD NORTH 68° 42' 26"
EAST, 625.00 FEET; SOUTH 71° 01' 22" EAST, RECORD SOUTH 71° 23' 57" EAST, 97.79 FEET;
SOUTH 29° 15' 52" EAST, RECORD SOUTH 29° 38' 27" EAST, 45.80 FEET; NORTH 89° 44' 27"
EAST, RECORD NORTH 89° 21' 52" EAST, 97.35 FEET; NORTH 51° 23' 56" EAST, RECORD
NORTH 51° or 21" EAST, 180.95 FEET; NORTH 79° 55' 20" EAST 17.18 FEET, RECORD NORTH
79° 32' 45" EAST, 17.12 FEET; NORTH 82° 05' 47" EAST, RECORD NORTH 81° 43' 12" EAST 32.23
FEET; NORTH 20° 31' 54" EAST, RECORD NORTH 28° 09' 19 EAST, 25.12 FEET; NORTH 63° 40'
35" EAST, RECORD NORTH 63° 18' 00" EAST, 67.81 FEET; AND NORTH 84° 42' 03" EAST 126.8
FEET, RECORD NORTH 84° 19' 28" EAST 135.48 FEET, TO THE INTERSECTION WITH THE
HEREINBEFORE SAID EASTERLY LINE OF LAND CONVEYED TO SILVESTRE MARRON,
SAID POINT OF INTERSECTION BEING ALSO FOR REFERENCE ALONG A RADL\L LINE
SOUTH 18° 13' 52" EAST 202.64 FEET FROM THE ENGINEER'S STATION 196 PLUS 96.37 P.O.C.
CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS 1951 SURVEY FOR ROAD
XI-SD-196-OCN-A; THENCE SOUTH 01° 19' 47" EAST, 2,063.50 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION, IF ANY, LYING NORTHERLY OF THE
SOUTHERLY LINE OF LAND DESCRIBED IN A FINAL ORDER OF CONDEMNATION,
RECORDED APRIL 29, 1954 EST BOOK 5223, PAGE 37 OF OFFICIAL RECORDS.
ALSO EXCEPTING THAT PORTION OF LYING WITHIN THE FOLLOWING DESCRIBED LAND:
COMMENCING AT THE NORTHWEST CORNER OF RECORD OF SURVEY NO. 9336, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 12, 1983 AS FILE
NO. 83157668 OF OFFICIAL RECORDS; THENCE NORTH 70° 04' 42" EAST 1,005.63 FEET TO
THE TRUE
AHA QUARRY CREEK 29SEP14 Q
POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ON THE ARC OF
A NON-TANGENT 178.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY A RADIAL
LINE TO SAID CURVE BEARS NORTH 52° 29' 44" WEST; THENCE ALONG THE ARC OF SAID
CURVE 101.20 FEET THROUGH A CENTRAL ANGLE OF 32° 34' 26"; THENCE NORTH 70° 04'
42" EAST 170.00 FEET TO A 228.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE
ALONG THE ARC OF SAID CURVE 87.61 FEET THROUGH A CENTRAL ANGLE OF 22° 00' 59";
THENCE SOUTH 87° 54' 19" EAST 30.34; THENCE SOUTH 70° 04' 42" WEST 379.43 FEET TO
THE TRUE POESTT OF BEGINNEMG.
AHA QUARRY CREEK 29SEP14 10
ATTACHMENT B
Quarry Creek Affordable Housing Agreement
Phasing for Development and Construction Affordable Units vs. Market-Rate Units
Action Required Master Tentative or
Final Maps
Released
Building Permits
Released
% of total permits
for project
Comments
Initial Affordable
Housing Agreement
fully executed with
Site Plan to identify
location of
affordable
development
Final A (Master
Tentative) maps
and grading permits
for all properties
within Master Plan
None N/A AHA allows for
release of Final A
maps, but no
release of Final B
Maps or building
permits until formal
Site Development
Plan (SDP) is
approved for
affordable
development.
SDP approved by
Planning
Commission for the
minimum
affordable housing
units as specified in
Section 1 of the
Agreement, and
Amended and
Restated Affordable
Housing Agreement
fully executed and
recorded against all
residential
properties in Master
Plan
Final B maps and
grading permits for
all properties within
Master Plan
Building permits
for 33% of total
market-rate units
and up to 95
affordable units
33% of market- rate
units released and
up to maximum of
affordable units
w/in Master Plan
The SDP allows for
approval of Final B
maps and related
grading permits. A
portion of the
building permits for
636 residential units
total may also be
released at this time
Foundations
complete, inspected
and approved for up
to 95 affordable
housing units,
depending on mix
of for-sale and
rental housing
N/A Building permits
for an additional
33% of total
market-rate units
66% of total
market-rate units
released
A total of 66% of
market rate building
permits may be
released at this
point.
Certificates of
Occupancy issued
for up to 95
affordable housing
units, depending
upon mix of
for-sale and rental
housing.
N/A Building permits
for the final balance
of market-rate units
Remaining 34% of
market- rate units
released
At this point, all
(i.e., 636 minus
number of
Affordable Units)
market rate units
and up to 95
affordable units will
have received
building permits for
construction
AHA QUARRY CREEK 29SEP14 11
Total Up to 636 housing AU (i.e., 636 minus 100%
units maximum the number of
Affordable Units)
market rate units
and up to 95
affordable units
AHA QUARRY CREEK 29SEP14 12
ATTACHMENT C
LOCATION, SIZE, AND BEDROOM COUNT OF AFFORDABLE UNITS
Agreement to be amended at later date to add this information upon approval of Site Development Plan
for the affordable housing units within the Quarry Creek Master Plan.
AHA QUARRY CREEK 29SEP14 •^ ^
ATTACHMENT D
Site Plan for Affordable Development Locationfs)
AHA QUARRY CREEK 29SEP14 j ^
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