ENCINITAS: Homeowner to ask Council to lift affordable housing restriction
By RUTH MARVIN WEBSTER - Staff Writer | ∞
ENCINITAS ---- A homeowner caught in the middle between the city and a developer is scheduled to bring his case before the City Council on Wednesday.
In a fairly unusual matter to go before the City Council, George Shafer, who purchased a model home in Barratt American's Nantucket I subdivision in Encinitas, is scheduled to ask the council to switch a restriction on his property to another lot in the same development.
Under a so-called density-bonus law, developers are allowed to exceed the housing limits assigned in local zoning maps in return for building "affordable housing," which under a state-imposed guideline would rent for roughly $880 per month to qualifying families.
Kerry Kusiak, senior planner for the city, said that it is typical for Encinitas to put restrictions, such as withholding certificates of occupancy, on lots in high-density subdivisions to ensure affordable housing units are built before all of the lots are sold.
The hurdle before Shafer is that he bought his property without a certificate of occupancy from the city.
The Nantucket I subdivision ---- where, according to city documents, Shafer bought a model home on Lot 1 ---- is situated on Andrew Avenue just south of La Costa Boulevard. It includes nine lots, with eight slated for single-family homes on market-rate lots and one for affordable housing, referred to as Lot 8. The subdivision is one of the first density-bonus proposals that won city approval, although there are a number of subdivisions slated for density-bonus development in the future.
Affordable housing restrictions have been moved from different lots in the same subdivision. Kusiak said he believes from his conversations with Shafer that Shafer was unaware that his lot did not have a certificate of occupancy until recently. Shafer could not be reached for comment.
At a council meeting May 28, Shafer asked the council to lift the restriction from his property so that he could move in.
Shafer's restriction is contingent upon an affordable-housing project being built on a vacant lot also known as Lot 8.
David Meyer, a local developer, said in a recent telephone interview that he has a contract to purchase Lot 8 and intends to build affordable housing on it. But he said the process has been stalled because the owner, Barratt American, hasn't released the lot. Representatives of Barratt, which has experienced a general sales slump and scrambled to raise cash in recent weeks, couldn't be reached Tuesday for comment.
Contact staff writer Ruth Marvin Webster at (760) 901-4074 or rwebster@nctimes.com.
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oh please wrote on Jun 17, 2008 7:17 PM:Check the records. David Meyer is the developer of the subdivision. He received the density bonus present of more houses per acre with his promise that he would dedicate one lot to low income housing. Barratt built the houses. This is a private problem between the builder and the house buyer. The city shouldn't change the agreement made with the developer, David Meyer.
Beth wrote on Jun 17, 2008 8:05 PM:this has to be a joke. The bad punch line is Jerome, the developers lappy, Stocks will vote in favor of his buddy David. What a crooked web they weave. Its seems like a private matter to me. Seems like Barratt is liable if the occupancy issue was not disclosed.
Floyd wrote on Jun 17, 2008 9:17 PM:A "certificate of occupancy" is suppose to be issued because the structure has been built to code. Withholding the certificate for reasons unrelated to safety is wrong.
To Floyd wrote on Jun 18, 2008 6:37 AM:The property owner initiated the request to enter into a voluntary agreement with the city to condition the certificate's issuance on the completion of the low income unit. In return the owner was able to "make more land."
John E wrote on Jun 18, 2008 6:38 AM:If I recall correctly, this project received a substantial density bonus, to the detriment of the surrounding neighborhood, as well as numerous grading code favors from the current city council. There may be a serious disclosure issue here, as well, as Floyd and Beth noted, above.
Johanna wrote on Jun 18, 2008 7:05 AM:Mr. Meyer is not the developer of this project. He sold the property to Barratt-American. Mr. Meyer has attempted to purchase a lot from Barratt-American to fufill a low-income housing requirement, but the City of Encinitas Planning Department Head Patrick Murphy has arbitrarily decided that the low income home should be larger than the designated lot can handle, thus requiring a second-story that will destroy several neighbor's views. The fault in this case is the City's. Mr. Meyer has tried repeatedly to try and resolve this situation but the Encinitas Planning Department is bound and determined to force Mr. Meyer into doing something he is resolute not to do because it is nonsensical and would abbrogate his promise to the neighbors. I understand why Barratt-American would want to throw Meyer under the bus as a distraction, but it is Patrick Murphy of the City of Encinitas that has this man's dream home occupancy at a standstill.
Common sense wrote on Jun 18, 2008 1:21 PM:As long as one house is held hostage to assure compliance on the part of the developer, who cares which one? Give the guy his house, restrict one without a current buyer, and get on with life.
Tom wrote on Jun 18, 2008 2:15 PM:Where does NCT get off stating that Barratt has "scrambled to raise cash in recent weeks"? NCT is not privvy to the company financials, and their statement is false. Also, the development has not compromised the surrounding area owing to density. The lots are 10,000 - way larger than the average lot size west of the I5.
M.H. wrote on Jun 20, 2008 7:27 AM:Seems Johanna is working for Mr. Meyers. And it is common knowledge Mr. Meyers's is pulling Mr. Stocks strings as well.
All is cozy in Encinitas land.
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