HomeMy WebLinkAbout2019-12-17; City Council; Resolution 2019-266RESOLUTION NO. 2019-266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENT NO. AMEND 2019-0006 AND
AMENDMENT NO. AMEND 2019-009, AMENDMENTS TO TENTATIVE TRACT
MAP NO. CT 2018-0004 AND SITE DEVELOPMENT PLAN NO. SDP 2018-0021,
TO SATISFY THE INCLUSIONARY REQUIREMENT WITH THE PURCHASE OF
ONE INCLUSIONARY HOUSING CREDIT FROM TAVARUA FOR AN EIGHT-UNIT,
RESIDENTIAL AIR-SPACE CONDOMINIUM PROJECT LOCATED AT 2646 STATE
STREET.
CASE NAME: THE SEAGLASS
CASE NO.: AMEND 2019-0006/AMEND 2019-0009 (DEV2017-0236)
WHEREAS, the Planning Commission did, on April 17, 2019, hold a duly noticed public hearing as
prescribed by law to consider Tentative Tract Map No. CT 2018-0004 and Site Development Plan No. SDP
2018-0021, as referenced in Planning Commission Resolution No. 7330; and the Planning Commission
adopted Planning Commission Resolution No. 7330 recommending to the City Council that it be approved;
and
WHEREAS, Condition No. 23 of Planning Commission Resolution No. 7330 recommended the
purchase of one inclusionary housing credit from Tavarua, an existing SO-unit senior inclusionary housing
apartment building located within the Northwest Quadrant of the city and the boundaries of the Village
and Barrio Master Plan; and
WHEREAS the City Council did, on June 25, 2019, hold a duly noticed public hearing to consider said
Tentative Tract Map and Site Development Plan; and
WHEREAS pursuant to Condition Nos. 3, 4 and 5 of City Council Resolution No. 2019-109, the City
Council imposed conditions superseding Condition No. 23 of Planning Commission Resolution No. 7330,
requiring the inclusionary housing requirement be satisfied onsite by deed-restricting one of the eight
condominium units as affordable to lower-income households and the applicant agreed to the conditions;
and
WHEREAS, on Sep. 26, 2019, citing financial hardship associated with providing the inclusionary
housing unit onsite, the applicant for The Seaglass project filed AMEND 2019-0006 and AMEND 2019-0009,
amendments to Tentative Tract Map No. CT 2018-0004 and Site Development Plan No. SDP 2018-0021, to
request City Council approval for the purchase of one inclusionary housing credit from the Tavarua senior
inclusionary housing development in-lieu of deed-restricting one unit onsite as affordable to lower-income
households; and
Dec. 17, 2019 Item #19 Page 5 of 62
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any,
of all persons desiring to be heard, the City Council considered all factors relating to the amendments to
the Tentative Tract Map and Site Development Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That Condition Nos. 3, 4, and 5 of City Council Resolution No. 2019-109 are superseded by
Condition No. 3 below.
3. Prior to issuance of the building permit, the Developer shall purchase one (1) inclusionary
housing credit from the Tavarua senior affordable apartments located in the Northwest Quadrant of the
city. The individual credit shall be the amount in effect at the time, as established by City Council Resolution,
from time to time.
4. This action is final the date this resolution is adopted by the City Council. The Provisions of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
"NOTICE"
The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure,
Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the
ninetieth day following the date on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record is filed with a deposit in an amount sufficient to cover the
estimated cost or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either personally
delivered or mailed to the party, or his attorney of record, if he has one. A written request for the
preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, CA 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad
on the 17th day of December 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
Dec. 17, 2019 Item #19 Page 6 of 62
~&!br c,,,,,,ta, l>Cf>vj ..(:r BARBARA ENGLESON, City Clerk Cl :J
Cit/)£ (SEAL)
Dec. 17, 2019 Item #19 Page 7 of 62