HomeMy WebLinkAbout2006-05-02; City Council; Resolution 2006-1091 CITY COUNCIL RESOLUTION NO. 2006-109
2 APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT WITH CRESCENT DEL
SOL, LLC, TO ALLOW A HOUSING ALTERNATIVE THROUGH THE
3 CONSTRUCTION OF A SECOND DWELLING UNIT TO SATISFY THE
4 INCLUSIONARY HOUSING REQUIREMENT FOR THE CRESCENT DEL SOL
ESTATES SUBDIVISION.
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6 WHEREAS, on October 19, 2005, the Planning Commission approved the Crescent del
7 Sol Estates subdivision for the development of 8 single and two family residential units on
o property located on the north side of Date Avenue, east of Garfield Street, including a
9 requirement to provide one housing unit affordable to low income households per the City of
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Carlsbad's Inclusionary Housing Ordinance; and
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WHEREAS, the developer of the Crescent del Sol Estates subdivision has proposed to
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meet the project's Inclusionary Housing Ordinance requirement with an alternative housing
solution which would result in the developer providing one second dwelling unit within the
j5 market rate development which will be affordable to low income households; and
16 WHEREAS, the Inclusionary Housing Ordinance allows, at the discretion of the City
17 Council, a housing alternative when the proposed alternative supports specific housing policies
18 and goals and a determination is made that the new construction would be infeasible or present
19 unreasonable hardship; and
20 WHEREAS, based upon the City Council's determination that it would be financially
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infeasible and would represent an unreasonable hardship upon the subject developer to make one
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of the one or two family residential units within the subject development affordable to low
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income households and the proposed alternative to satisfy the inclusionary requirement through
25 the construction of one second dwelling unit on the site of the market rate development does
26 meet the goals of the Inclusionary Housing Ordinance and the City's Housing Element; and
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3 WHEREAS, the City Council did hold a public meeting to consider the developer's
4 request to approve an affordable housing agreement to allow one second dwelling unit to satisfy
the inclusionary housing requirement for the Crescent del Sol Estates subdivision located on the
6 north side of Date Avenue, east of Garfield Street; and
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WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring
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to be heard, said City Council considered all factors relating to the proposed inclusionary
housing alternative,
j j NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City
12 of Carlsbad, California, does hereby find as follows:
13 1. The above recitations are true and correct.
14 2. The developer's proposal to provide one second dwelling unit affordable to low
income households on the site of the market rate development as an alternative to
constructing one single or two family residential unit and making it affordable to low
. , income households to satisfy the inclusionary housing requirement for the Crescent
del Sol Estates subdivision is consistent with the goals and objectives, and serves the
17 priorities of, the City of Carlsbad's Housing Element, Consolidated Plan, the
Inclusionary Housing Ordinance, and the Carlsbad General Plan.
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3. As required by Section 21.85.070 of the Carlsbad Municipal Code, the City Council
19 hereby finds that the requirement to construct one single or two family residential unit
and make it affordable to low income households within the Crescent del Sol Estates
20 market rate development would be financially infeasible and would present an
unreasonable hardship on the developer due to the development's small project size
of 8 units and the substantial subsidy required to make that unit affordable to a low
22 income household.
23 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
24 hereby approves an Affordable Housing Agreement, in substantially the form
presented and subject to final approval by the City Attorney, to allow one second
25 dwelling unit on the site of the market rate development as an acceptable housing
alternative to providing one single or two family residential unit affordable to low
income households to satisfy the Inclusionary Housing requirement for the Crescent
27 del Sol Estates subdivision.
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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 2nd day of May t 2006, by the
following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ABSTAIN:
ATTEST:
LORRAINE M. WOOD,
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