HomeMy WebLinkAbout1993-02-03; Planning Commission; ; DI 92-05 - AVIARA AFFORDABLE HOUSING DEVELOPMENT AGREEMENTMEMORANDUM
DATE: FEBRUARY 3, 1993
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: DI 92-05 -AVIARA AFFORDABLE HOUSING DEVELOPMENT
AGREEMENT -Consideration of an Affordable Housing Development
Agreement for the Aviara Master Plan.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3488
recommending APPROVAL of the Negative Declaration issued by the Planning Director, and
ADOPT Planning Commission Resolution No. 3489 recommending to the City Council
APPROVAL of DI 92-05 based on the findings contained therein.
II. BACKGROUND
This matter was scheduled for the meeting of January 20, 1993, and was continued to
allow for additional noticing.
ATTACHMENTS
1. Planning Commission Resolution No. 3488
2. Planning Commission Resolution No. 3489
3. Staff Report dated January 20, 1993, with attachments
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BATIQUITOS LAGOON
City of Carlsbad
AVIARA MASTER PLAN DI 92-5
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PLANNING COMMISSION RESOLUTION NO. 3488
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION FOR AN
AFFORDABLE HOUSING DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND THE AVIARA
MASTER PLAN DEVELOPER.
CASE NAME: AVIARA AFFORDABLE HOUSING
DEVELOPMENT AGREEMENT
CASE NO: DI 92-05
WHEREAS, the Planning Commission did on the 20th day of January, 1993,
and the 3rd day of February, 1993, hold a duly noticed public hearing as prescribed by law
to consider said request, and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff,
and considering any written comments received, the Planning Commission considered all
factors relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
as follows:
A) That the foregoing recitations are true and correct.
19, B)
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That based on the evidence presented at the public hearing, the Planning
Commission hereby recommends APPROVAL of the Negative Declaration according
to Exhibit 11ND", dated November 25, 1992, and "PU", dated November 19, 1992,
attached hereto and made a part hereof, based on the following finding: 21
22 Findings:
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1. The initial study shows that there is no substantial evidence that the project may
have a significant impact on the environment.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993, by
the following vote, to wit:
AYES:
NOES:
Chairperson Noble; Commissioners: Schlehuber, Schramm,
Welshons, Savary, Erwin & Hall.
None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
' M1Jtd~~L-
PLANNING DIRECTOR
PC RESO NO. 3488 -2-
A • -n~
BAI~ Chairperson
CARLSBAD PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 3489
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CI1Y OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AFFORDABLE HOUSING DEVELOPMENT
AGREEMENT BETWEEN THE CI1Y OF CARLSBAD AND THE
AVIARA MASTER PLAN DEVELOPER TO PROVIDE FOR THE
ACCELERATED DEVELOPMENT OF AFFORDABLE LOW
INCOME INCLUSIONARY HOUSING UNITS.
CASE NAME: AVIARA AFFORDABLE HOUSING
DEVELOPMENT AGREEMENT
CASE NO: DI 92-05
WHEREAS, the Planning Commission did, on the 20th day of January, 1993,
and the 3rd day of February, 1993, hold a duly noticed public hearing as prescribed by
law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all persons desiring to be heard, said Commission
considered all factors relating to the Affordable Housing Development Agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission
of the City of Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
recommends APPROVAL of DI 92-05, according to Exhibit "A", dated January 20,
1993, attached hereto and made a part hereof, based on the following findings.
Findings:
1. Approval of a Development Agreement to allow the accelerated development of
160 units of affordable housing provides a significant benefit to the City of
Carlsbad in complying with its Housing filement and meeting its obligation for
affordable housing.
2. Approval of a Development Agreement is a reasonable and appropriate request in
return for the benefit the city derives in helping to meet its obligation for
providing affordable housing.
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3. Approval of the Development Agreement complies with all the provisions of State
Law which enables the City to enter into such agreements.
4. Approval of the Development Agreement complies with all provisions of Chapter
21.70 of the Municipal Code.
5. Approval of the development agreement is consistent with the objectives, policies,
general land uses and programs specified in the General Plan. One of the major
Housing Element programs of the General Plan requires that all Master Plan
communities provide 15% inclusionary, low-income housing. Approval of this
agreement will allow the Aviara Master Plan to comply with this program on an
accelerated schedule even though the actual implementing ordinance to require
inclusionary housing is not yet in place.
6. An actual site for the affordable, lower income units has not been identified at this
time. However, when a site is identified, approval of the plan for the units will
require a site development plan which will ensure that the project will be
compatible with the uses authorized in and the regulations prescribed for the land
use district in which the units will be located.
7. Approval of the development agreement is in conformance with public
convenience, general welfare and good land use practices as it will result in the
early development of much needed affordable housing units in the city.
8. Approval of the agreement will not adversely affect or be detrimental to the
general health, safety and welfare as it will help to provide much needed
affordable housing units. Specific impacts to the health, safety and welfare of
surrounding property owners will be determined when a site-specific location for
the affordable units is identified and a site development plan is processed.
9. Because a specific development project for the affordable units is not being
requested or processed at this time, the findings regarding the orderly development
of property and preservation of property values is not applicable.
10. Staff has reviewed the state law regarding development agreements and the
proposed agreement is consistent with the provisions of State Government Code
Sections 65864-65869.5.
11. Approval of the development agreement in no way affects the location, timing or
provision for public facilities as required by the Aviara Master Plan, Local Facilities
Management Plan (Zone 19) and the city's Growth Management Plan and is
therefore consistent with the Land Use and Public Facilities Elements of the
General Plan.
12. Since a site development plan is not being requested or processed at this time, the
findings of consistency with other provisions of Title 20 of the Municipal Code is
not applicable.
PC RESO 3489 2
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 3rd day of February, 1993,
by the following vote, to wit:
AYES: Chairperson Noble; Commissioners: Schlehuber, Schramm,
Welshons, Savary, Erwin & Hall.
NOES: None.
ABSENT: None.
ABSTAIN: None.
~LEYi:t2:!~~
CARLSBAD PLANNING COMMISSION
ATTEST:
' M~~
Planning Director
PC RESO 3489 3