HomeMy WebLinkAboutSDP 15-18; Harding Street Neighbors LP; 2022-0032809; Affordable Housing Agreement/ReleaseA_ec~rding Requested By:
Fidelity National Title Builder Services
RECORDING REQUESTED BY:
City of Carlsbad -
WHEN RECORDED MAIL TO:
City of Carlsbad
Community Development Department I
200 Carlsbad Village Drive
· Carlsbad, CA 92008
Attn: City Clerk
DOC# 2022-0032809
111111111111 lllll 11111111111111111111 lllll 1111111111111111111111111111
Jan 21, 2022 04:59 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 15
This document is recorded at the request and for the benefit of the City of
Carlsbad, and isexempt from the payment of a recording fee pursuant to
Government Code Sections 6103, 27383, and 27388.1
(Space above for Recorder's Use)
AFFORDABLE HOUSING AGREEMENT IMPOSING
RESTRICTIONS ON REAL PROPERTY
(DEVlS-058)
This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS
ON REAL PROPERTY ("Agreement"), entered into this 18th day of January, 2022, by and
between the CITY OF CARLSBAD, a municipal corporation ("City"), and HARDING
STREET NEIGHBORS LP, a California limited partnership ("Developer") is made with
reference to the following:
A. Developer is the owner of certain real property in the City of Carlsbad, in
the Countyof San Diego, California ("Property") described in Exhibit "A", which is attached
hereto and incorporated herein by this reference.
B. Developer originally intended and received approval from the City to construct
a total of 92 affordable apartments for lower income households on the Property
("Development"), plus a manager's unit on-site, which was subsequently reduced to 88 affordable
apartments for lower income households (plus one on-site property manager unit) due to a lawsuit
brought against the development on August 16, 2017 and related settlement agreement. The City
originally approved the Site Development Plan (SDP 15-18) for the Development on April 19,
2017. The City issued the approval subject to certain conditions of approval ("Conditions of
Approval"), including a condition that all units within the Development (except for the on-site
property manager unit) shall be affordable to lower income households which also satisfied the
requirement for fifteen (15%) percent of the units in the Development to be affordable housing
as required by the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code ("CMC")
Chapter 21.85.
C. Developer is required by the Conditions of Approval to enter into an Affordable
Housing Agreement as required and with the content specified by the City's Inclusionary
Housing Ordinance (CMC Chapter 21.85). This Agreement is that required Affordable
1603\11\3187955.5 1 CA 5/12/20 I I
R_ec~rding ~equested By:
Fidelity National Title Builder Services
RECORDING REQUESTED BY:
City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad
Community Development Departmentl
200 Carlsbad Village Drive
· Carlsbad, CA 92008
Attn: City Clerk
This document is recorded at the request and for the benefit of the City of
Carlsbad, and isexempt from the payment of a recording fee pursuant to
Government Code Sections 6103, 27383, and 27388.1
(Space above for Recorder's Use)
AFFORDABLE HOUSING AGREEMENT IMPOSING
RESTRICTIONS ON REAL PROPERTY
(DEVlS-058)
This AFFORDABLE HOUSING AGREEMENT IMPOSING RESTRICTIONS
ON REAL PROPERTY ("Agreement"), entered into this 18th day of January, 2022, by and
between the CITY OF CARLSBAD, a municipal corporation ("City"), and HARDING
, STREET NEIGHBORS LP, a California limited partnership ("Developer") is made with
reference to the following:
A. Developer is the owner of certain real property in the City of Carlsbad, in
the Countyof San Diego, California ("Property") described in Exhibit "A", which is attached
hereto and incorporated herein by this reference.
B. Developer originally intended and received approval from the City to construct
a total of 92 affordable apartments for lower income households on the Property
("Development"), plus a manager's unit on-site, which was subsequently reduced to 88 affordable
apartments for lower income households (plus one on-site property manager unit) due to a lawsuit
brought against the development on August 16, 2017 and related settlement agreement. The City
originally approved the Site Development Plan (SDP 15-18) for the Development on April 19,
2017. The City issued the approval subject to certain conditions of approval ("Conditions of
Approval"), including a condition that all units within the Development (except for the on~site
property manager unit) shall be affordable to lower income households which also satisfied the
· requirement for fifteen (15%) percent of the units in the Development to be affordable housing
as required by the City's Inclusionary Housing Ordinance, Carlsbad Municipal Code ("CMC")
Chapter 21.85.
C. Developer is required by the Conditions of Approval to enter into an Affordable
Housing Agreement as required and with the content specified by the City's Inclusionary
Housing Ordinance (CMC Chapter 21.85). This Agreement is that required Affordable
1603\11\3187955.5 1 CA 5/12/2011
Housing Agreement pursuant to Section 21.85.140 of CMC Chapter 21.85, and shall be
executed 'and recorded prior to the approval of any final or parcel map for the Property, or, where
a map is not being processed, prior to issuance of building permits for any units in the
Development.
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 Site Development Plan 15-18 (SDP 15-18), and the
requirements of the City's Inclusionary Housing Ordinance (CMC Chapter 21.85) shall not be
satisfied unless all of the units in the Development are constructed for the purpose of providing
housing to be affordable to lower-income households according to the schedule and terms
contained herein ("Affordable Units"). A total of 89 Affordable Units will be constructed with
approval of this Agreement.
2. Terms Governing Provision of Affordable Units. Provision of theAffordable
Units shall be governed by the following terms:
2.1 Bedroom Count. The Affordable Units in the D~velopment shall
include 88 total units in the numbers and bedroom sizes indicated in "Exhibit B" to this
Agreement. Not less than ten percent (10%) of all Affordable Units shall be three (3)
bedroom units in compliance with CMC 21.85.010(A)(2). There shall be one additional
unit for the on-site property manager; this unit is not an affordable unit.
2.2 Affordability Requirements. The Affordable Units shall be
. restricted to occupancy by households with incomes not exceeding 80% of the median
incomefor San Diego County, adjusted for actual household size. Monthly rents of the
Affordable Units shall not exceed 1/12 of 30% of 70% of the median household income
for San Diego County, adjusted for assumed household size appropriate for the unit
pursuant to this Agreement. For purposes of this Agreement, "Rent" shall include a utility
allowance as established and adopted by the City of Carlsbad Housing Authority, as well
as all requiredmonthly payments made by and on behalf of the tenant to the lessor in
connection with use and occupancy of a housing unit and land and facilities associated
therewith, including any separately charged fees, utility charges, or service charges
assessed by the lessor and payable by the tenant (but notincluding fees or charges
resulting from any default by the tenant or damage caused by thetenant, or fees or
charges paid by the tenant to third party utilities or other providers). Median income figures
shall be those determined by the United States Department of Housing and Urban
Development from time to time, and as published by the California Department of Housing
and Community Development. For the purposes of calculating the applicable rents,
assumed household size shall be 2 persons for a I-bedroom unit; 3 persons for a 2-bedroom
unit; and 5 persons for a 3-bedroom unit. With respect to each Affordable Unit, the
affordability requirements of this Section 2.2 shall continue for 55 years from the date of
issuance of a Certificate of Occupancy by the City for such unit.
1603\11\3187955,5 2 CA 5/12/201 1
3. Release of Building Permits. All of the building permits may be released at one
time or in phased developed as determined by the Developer; all building permits are for affordable
units plus one manager's unit, and there are no market rate units within the Development.
4. Compliance Report. Following completion of construction of the Affordable
Units, a Compliance Report meeting the requirements of CMC Section 21.85.140 of the
Inclusionary Ordinance, verifying compliance of all 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 Homeless Services Director, commencing on the first Report Date that is twelve (12) months
from the completion of construction of the Affordable Units. If similar reports on some or all of
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 Homeless
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 Homeless Services
Director with a third party certification addressed to the City.
5. Release of Subject Property from Agreement. The covenants and conditions
herein contained shall apply to and bind the Developer and its heirs, executors, administrators,
successors, transferees, and assignees having or acquiring any right, title or interest in or to any
part of Property and shall run with and burden the Property until terminated in accordance with
the provisions of Section 12 hereof. 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 such property. The burdens of this Agreement shall remain in full force and effect and
recorded against theDevelopment for the 55-year duration of this Agreement.
6. Default. Failure of the Developer to cure any default in the Developer's
obligations under the terms of this Agreement within ninety (90) days after the delivery of a notice
of default 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's failure to proceed diligently to complete the cure of
such a default within a reasonable time period but in no event greater than one-hundred eighty
(180) days) will constitute a failure to satisfy the Conditions of Approvalwith respect to the
Property and the requirements of Chapter 21. 85 of the CMC. The City may exercise any and all
remedies available to it with respect to the Developer's failure to satisfy the Conditions of Approval
and Chapter 21.85 of the CMC.
7. Appointment of Other Agencies. At its sole discretion, City may designate,
appoint or contract with any other public agency, for-profit or non-profit organization to perform
the City's obligations under this Agreement.
8. Hold Harmless. Developer 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 attorneys' fees and expenses) sustained or incurred
because of or by reason of any and all claims, demands, suits, actions, judgments and executions
I 603\11\3187955.5 3 CA 5/12/2011
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's actions or defaults pursuant to
this Agreement except for Indemnitee's gross negligence or willful misconduct, and shall protect
and defend Indemnitees, and any of them with respect thereto. This provision shall survive the
term of this Agreement.
9. Insurance Requirements. Developer shall obtain, at its own expense, commercial
general liability insurance for development of the Property naming Indemnitees as additional
named insureds with aggregate limits of not less than two million dollars ($2,000,000), for
bodily injury and death and property damage, including coverage for contractual liability and
projects and completed operations, purchased by Developer or its successor or assigns 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-:VII, such insurance to be evidenced by an
endorsement which so provides and delivered to the Housing and Homeless Services Director prior
to the issuance of any building permit for the Property.
10. 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 addressed set forth below:
TO THE CITY OF CARLSBAD:
City of Carlsbad
Housing and Homeless Services Department
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attn: Housing and Homeless Services Director
Email: Housing@carlsbadca.gov
Fax: 760-720-2037
TO THE DEVELOPER:
1603\11\3187955.5
Harding Street Neighbors LP
c/o Innovative Housing Opportunities, Inc.
501 N. Golden Circle, Suite 100
Santa Ana, CA 92705
Attn: President and CEO
with a copy to:
C&C Harding Street, LLC
Attn: Todd Cottle
14211 Yorba Street
Tustin, CA 92780
4 CA 5/12/2011
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
CARLSBAD IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
PARCEL A:
LOTS 1 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSIVE, OF PALM
VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP NO. 2969, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: \
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 13 OF PALM VISTA,
ACCORDING TO MAP THEREOF NO. 2969; THENCE ALONG THE EASTERLY LINE OF
SAID LOT 13, SOUTH 19°17'11" EAST 161.15 FEET TO THE SOUTHEASTERLY CORNER
OF SAID LOT 13, SAID POINT BEING ALSO THE EASTERLY CORNER OF SAID LOT
14; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14, SOUTH 61 °51'52"
WEST 68.06 FEET; THENCE NORTH 08°26'25" WEST 42.85 FEET; THENCE NORTH
14°49'18" WEST 95.30 FEET; THENCE NORTH 25°13'44" WEST 26.19 FEET TO A POINT
IN THE NORTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEARS SOUTH
61°51'52" WEST 55.14 FEET FROM SAID MOST NORTHERLY CORNER; THENCE
ALONG SAID NORTHWESTERLY LINE NORTH 61°51'52" EAST 55.14 FEET TO THE
POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM, THOSE PORTIONS OF LOTS 8, 9, 11 AND 12 AS
CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AS
DESCRIBED IN DEED RECORDED AUGUST 24, 1967 AS FILE NO. 127829 OFFICIAL
RECORDS OF SAID COUNTY.
. APN(S): (Lot 1); 204-292-01-00; 204-292-02-00 (LOT 2); 204-292-10-00 (LOT 3); 204-292-
11-00 (LOT 4); 204-292-12-00 (LOT 5); 204-292-13-00 (LOT 6); 204-292-14-00 (LOT 7);
204-292-17-00 (LOT 8); 204-292-18-00 (LOT 9); 204-292-20-00 (LOT 11); 204-292-21-00
(LOT 12); 204-292-22-00 (LOT 13); 204-291-27-00 (LOT 24); 204-291-26-00 (LOT 25); 204-
291-25-00 (LOT 26); 204-291-24-00 (LOT 27); 204-291-23-00 (LOT 28); 204-291-19-00
(LOT 29); 204-291-20-00 (LOT 30); 204-291-21-00 (LOT 31); 204-291-22-00 (LOT 32); 204-
291-14-00 (LOT 33)
PARCELB:
THAT PORTION OF LOT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 1681, FILED IN
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THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9,
1915, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT
THEREON SOUTH 61°21' WEST, 446.86 FEET FROM ITS INTERSECTION WITH THE
CENTER LINE OF ADAMS STREET, SAID POINT OF BEGINNING BEING THE MOST
WESTERLY CORNER OF THE LAND CONVEYED BY THE SOUTH COAST LAND
COMPANY TO DEAN F. PALMER, BY DEED DATED MAY 5, 1927, AND RECORDED
IN BOOK 1335, PAGE
384 DEEDS,. RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY
LINE OF THE LAND AS CONVEYED TO SAID PALMER AND THE SOUTHEASTERLY
PROLONGATION OF SAID LINE, SOUTH 28°39' EAST, A DISTANCE OF 487.47 FEET,
MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY
PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY
SOUTH COAST LAND COMPANY TO LAURA JONES BY DEED DA TED MAY 14, 1929,
AND RECORDED IN BOOK 1629, PAGE 431 DEEDS, RECORDS OF SAID COUNTY;
THENCE ALONG SAID PROLONGATION AND THE NORTHWESTERLY LINE OF THE
LAND SO CONVEYED TO SAID JONES, SOUTH 61 °21' WEST, A DISTANCE OF 536.38
FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF THE LAND
CONVEYED BY SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H.
WHELDON BY DEED DATED JULY 7, 1926, AND RECORDED IN BOOK 1180, PAGE
463 DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SAID
NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID WHELDON AND
ALONG THE NORTHWESTERLY PROLONGATION THEREOF, NORTH 28°39' WEST, A
DISTANCE OF 487.47 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF
MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE NORTH 61°21' EAST, A
DISTANCE OF 536.38 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8 OF PALM
VISTA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953, SAID POINT BEARS
SOUTH 61 °58'46" WEST, 71.99 FEET FROM THE MOST NORTHERLY CORNER QF SAID
LOT 8; THENCE (1) NORTH 22°36'42" WEST, 359.22 FEET; THENCE (2) NORTH 18°34'28"
WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA A VENUE, LAST
SAID POINT BEARS NORTH 61 °54'01" EAST, 162.74 FEET FROM THE INTERSECTION
OF SAID CENTER LINE AN THE CENTER LINE OF HARDING STREET, FORMERLY
5TH STREET, AS SAID STREET IS SHOWN ON THE RE-SUBDIVISION OF A PORTION
OF ALLES AVOCADO ACRES, ACCORDING TO THE MAP NO. 2027, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927.
APN(S): 204-292-16-00
1603\11\3187955.5 8
CA 2/5/2013
PARCELC:
LOT 10 OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP NO. 2969, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953.
EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA,
PER GRANT DEED RECORDED MAY 9, 1967 AS INSTRUMENT NO. 64674 OFFICIAL
RECORDS.
APN(S): 204-292-19-00
1603\I 113187955.5 9
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EXHIBITB
BEDROOM COUNT AND NUMBER OF UNITS
Bedroom Size # of Units Total# Bedrooms
1 23 23
2 18 36
3 48 144
Total 89* 203
*Note: includes 1 3-bedroom unit for the on-site property manager
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