HomeMy WebLinkAbout2023-04-18; City Council; Resolution 2023-109RESOLUTION NO. 2023-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
WOODSIDE 055, LP TO PAY THE FAIR SHARE COST OF IMPROVEMENTS TO
RANCHO SANTA FE ROAD AND OLIVENHAIN ROAD FOR THE LA COSTA TOWN
SQUARE PARCEL 3 RESIDENTIAL PROJECT {CT 2017-0003)
WHEREAS, the City of Carlsbad City Council, has determined it necessary, desirable and in the
public interest to approve an agreement with Woodside 055, LP for the developer to pay its fair-share
cost of improvements to Rancho Santa Fe Road and Olivenhain Road for the La Costa Town Square
Parcel 3 Residential Project {CT 2017-0003); and
WHEREAS, Woodside 055, LP intends to build 76 single family attached units and 19 multi-family
units in Local Facilities Management Plan, Zone 11; and
WHEREAS, pursuant to Section 21.90.130 of the Carlsbad Municipal Code and Local Facilities
Management Plan, Zone 11, development permits cannot be issued until a developer provides a
financial guarantee for its fair-share cost of improvements, which for Zone 11, includes segments of
Rancho Santa Fe Road and Olivenhain Road; and
WHEREAS, Government Code Section 53313.51 allows for an agreement between the city and
a developer for the construction of public improvements with a lifespan greater than five years; and
WHEREAS, the City Council finds that the financial guarantee provisions for improvements to
Santa Fe Road and Olivenhain Road may be satisfied through a payment agreement between Woodside
05S, LP and the city, where the property owner agrees to pay its fair-share of construction costs for
Rancho Santa Fe Road and Olivenhain Road based on the number of equivalent dwelling units for the
La Costa Town Square Parcel 3 Residential Project, and where the city finances the necessary
improvements; and
WHEREAS, the City Council finds that Woodside 055, LP may satisfy Condition No. 43 of Planning
Commission Resolution .No. 7391 dated December 2, 2020, which requires the developer to comply
with all conditions and mitigation measures of Zone 11 Local Facilities Management Plan, by entering
into the payment agreement with the city; and
WHEREAS, on August 18, 2009, City Council certified an Environmental Impact Report (EIR 01-
02)for the La Costa Town Square project and approved the project, and the California Environmental
Quality Act, or CEQA, Guidelines 15162 through 15168 set the standards for which a previously certified
environmental impact report may be relied upon, and
WHEREAS, it can be determined that the Agreement to Pay Fair Cost with Woodside 05S, LP is
consistent with the previously approved EIR 01-02 and no subsequent or supplemental CEQA review is
required.
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 the agreement entitled "Agreement to Pay Fair Share Cost of La Costa Town Square
Parcel 3 Residential Project (CT 2017-003)" is approved, and the Mayor is authorized to
execute the Agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 18th day of April, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH�or
L SHERRY FREISINGER, City Clerkr-(SEAL)