HomeMy WebLinkAbout2004-01-20; City Council; Resolution 2004-0241
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CITY COUNCIL RESOLUTION NO. 2004-024
THAT THE CITY COUNCIL APPROVE AN AFFORDABLE HOUSING AGREEMENT
AND RELATED LOAN DOCUMENTS TO ALLOW TWO OFF-SITE EXISTING
HOUSING UNITS TO BE MADE AFFORDABLE AS AN ALTERNATIVE TO
SATISFY THE INCLUSIONARY HOUSING REQUIREMENT FOR THE FARBER
JEFFERSON STREET CONDOMINIUMS LOCATED AT 1100 LAS FLORES DRIVE.
APPLICANT: FARBER JEFFERSON STREET CONDOMINIUMS
CASE NUMBER: SDP 02- 14
WHEREAS, on January 15, 2003, the Planning Commission approved the Farber
Jefferson Street Condominiums to allow for the development of an 11 unit condominium project
at 1100 Las Flores Drive which includes a requirement to provide two housing units affordable
to low income households per the City of Carlsbad’s Inclusionary Housing Ordinance; and
WHEREAS, the developer of the Farber Jefferson Street Condominiums has proposed to
meet the project’s Inclusionary Housing Ordinance requirement with an alternative solution
which would result in the developer’s purchase of two off-site housing units in an existing
condominium development and the resale of those units at an affordable price to a low income
household; and
WHEREAS, the Inclusionary Housing Ordinance allows, at the discretion of the City
Council, an alternative to the construction of new inclusionary housing units when the proposed
alternative supports specific housing policies and goals and a determination is made that the new
construction would be infeasible or present unreasonable hardship; and
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CC Resolution No. 2004-024
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WHEREAS, the proposed alternative offers a more financially feasible solution to
satisfy the City’s Inclusionary Housing requirements and the existing development at 2362 Hosp
Way has locational advantages over the market rate development at 1100 Las Flores Drive which
include closer proximity to more mass transit, employment and shopping opportunities; and
WHEREAS, based upon staff‘s determination of the existing development’s financial
feasibility and locational advantages, the proposed alternative has demonstrated that the goals of
the Inclusionary Housing Ordinance and the City’s Housing Element would be better served by
allowing the inclusionary units associated with the Farber Jefferson Street Condominiums to be
provided at an alternative site located at 2362 Hosp Way; and
WHEREAS, the Housing Commission did, on the llth day of September, 2003, hold a
public meeting to consider the developer’s request to approve an affordable housing agreement
to allow two off-site existing housing units to be purchased and resold at an affordable price as
an alternative to satisfy the inclusionary housing requirement for the Farber Jefferson Street
Condominiums located at 1100 Las Flores Drive; and
WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring
to be heard, said Housing Commission considered all factors relating to the developer’s proposal
and recommended approval of the proposal to the City Council; and
WHEREAS, at their sole discretion, the City Council may determine that the proposed
alternative to the construction of new inclusionary units is acceptable based upon the
determination that the construction of on-site inclusionary housing units is infeasible or presents
an unreasonable hardship in light of such factors as project size, site constraints, market
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CC Resolution No. 2004-024
Page 3
competition, price and product type disparity, developer capability, and financial subsidies
available; and
WHEREAS, the City Council did hold a public meeting to consider the developer’s
request to approve an affordable housing agreement to allow two off-site existing housing units
to be purchased and resold at an affordable price as an alternative to satisfy the inclusionary
housing requirement for the Farber Jefferson Street Condominiums located at 1 100 Las Flores
Drive; and
WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring
to be heard, said City Council considered all factors relating to the proposed inclusionary
housing alternative.
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City
of Carlsbad, California, does hereby find as follows:
1.
2.
The above recitations are true and correct.
The developer proposal to allow two off-site existing housing units to be
purchased in an existing condominium development located at 2362 Hosp Way
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and to resale the units to a low income household as an alternative to new
construction to satisfy the inclusionary housing requirement for the Farber
Jefferson Street Condominiums located at 1100 Las Flores Drive is consistent
with the goals and objectives and serves the priorities of the City of Carlsbad’s
Housing Element, Consolidated Plan, the Inclusionary Housing Ordinance, and
the Carlsbad General Plan.
As required by Section 21.85.07 of the Carlsbad Municipal Code, the City Council
hereby finds that the construction of new on-site inclusionary housing units within
the Farber development would be infeasible and present unreasonable hardship as
a result of the new development’s small project size (11 units), site constraints,
price and product type disparity for the new development, and the unavailability
of financial subsidies for for-sale products.
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4. That based on the information provided within the City Council staff report and
testimony presented during the public meeting of the City Council, the City Council
hereby approves an Affordable Housing Agreement and related loan documents, in
substantially the form presented and subject to final approval by the City Attorney, to
allow two off-site housing units in an existing condominium development at 2362
Hosp Way as an acceptable alternative to satisfy the Inclusionary Housing
requirement for the Farber Jefferson Street Condominiums located at 1100 Las Flores
Drive.
5. That the Community Development Director or his or her designee is authorized by
the City Council to execute all documents related to approval of the subject
alternative inclusionary housing proposal, including but not limited to an Affordable
Housing Agreement in substantially the form presented to the City Council and
subject to final approval by the City Attorney.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad, California, held on the 20th day of January 2004, by the
following vote, to wit:
AYES : Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ATTEST: ,P
I L& INE WOOD, City Clerk 1 (SEAL)
CC Resolution No. 2004-024
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