HomeMy WebLinkAbout2013-11-05; City Council; Resolution 2013-2481 RESOLUTION NO. 2013-248
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APPROVAL OF AN AFFORDABLE HOUSING AGREEMENT
AUTHORIZING THE BUENA VISTA 11 SUBDIVISION TO UTILIZE
SECOND DWELLING UNITS TO SATISFY INCLUSIONARY HOUSING
4 REQUIREMENTS.
CASE NO: CT 13-01
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WHEREAS; on April 15, 2013, the Planning Commission approved the Buena Vista
11 subdivision (CT 13-01) for the development of 11 single family residences on property
located on the southwest corner of the intersection of Buena Vista Way and Valley Street,
including a proposal to provide two second dwelling units affordable to low income households
per the City of Carlsbad's Inclusionary Housing Ordinance; and
WHEREAS, the developer of the Buena Vista 11 subdivision (CT 13-01) has
proposed to meet the project's Inclusionary Housing Ordinance requirement with an
alternative housing solution which would result in the developer providing two second dwelling
units within the market rate development which will be affordable to low income households;
and
WHEREAS, the Inclusionary Housing Ordinance allows, at the discretion of the
City Council, a housing alternative 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
WHEREAS, based upon the City Council's determination that it would be
financially infeasible and would represent an unreasonable hardship upon the subject
developer to make two of the single family residences within the subject development
affordable to low income households and the proposed alternative to satisfy the inclusionary
requirement through the construction of two second dwelling unit on the site of the market
rate development does meet the goals of the Inclusionary Housing Ordinance and the City's
Housing Element; and
1 WHEREAS, the City Council did hold a public meeting to consider the developer's
2 request to approve an affordable housing agreement to allow two second dwelling units to
3 satisfy the inclusionary housing requirement for the Buena Vista 11 subdivision (CT 13-01)
4 located on the southwest corner of the intersection of Buena Vista Way and Valley Street; and
5 WHEREAS, upon hearing and considering ail testimony, if any, of all persons
6 desiring to be heard, said City Council considered all factors relating to the proposed
7 inclusionary housing alternative.
8 NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of
9 Carlsbad, California, does hereby find as follows:
10 1. The above recitations are true and correct.
11 2. The developer's proposal to provide two second dwelling units affordable
12 to low income households on the site of the market rate development as an alternative to
13 constructing two single family residences and making them affordable to low income
14 households to satisfy the inclusionary housing requirement for the Buena Vista 11 subdivision
15 (CT 13-01) is consistent with the goals and objectives, and serves the priorities of, the City of
16 Carlsbad's Housing Element, Consolidated Plan, the Inclusionary Housing Ordinance, and the
17 Carlsbad General Plan.
18 3. As required by Section 21.85.070 of the Carlsbad Municipal Code, the City
19 Council hereby finds that the requirement to construct two single family residences and make
20 them affordable to low income households within the Buena Vista 11 market rate development
21 (CT 13-01) would be financially infeasible and would present an unreasonable hardship on the
22 developer due to the development's small project size of 11 units and the substantial subsidy
23 required to make those two units affordable to a low income household.
24 4. That based on the information provided within the City Council staff
25 report and testimony presented during the public meeting of the City Council, the City Council
26 hereby approves an Affordable Housing Agreement, in substantially the form presented and
27 subject to final approval by the City Attorney, to allow two second dwelling units on the site of
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1 the market rate development as an acceptable housing alternative to providing two single
2 family residences affordable to low income households to satisfy the Inclusionary Housing
3 requirement for the Buena Vista 11 subdivision.
4 5. That the Housing and Neighborhood Services Director or his or her
5 designee is authorized by the City Council to execute all documents related to approval of the
6 subject alternative inclusionary housing proposal, including but not limited to an Affordable
7 Housing Agreement in substantially the form presented to the City Council and subject to final
8 approval of said Agreement by the City Attorney.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the S**' day of November, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
ATTEST:
'riL\F<—
BARBARA ENGLESON, Cfty Clerk
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