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HomeMy WebLinkAbout2004-01-20; City Council; Resolution 2004-0241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY COUNCIL RESOLUTION NO. 2004-024 THAT THE CITY COUNCIL APPROVE AN AFFORDABLE HOUSING AGREEMENT AND RELATED LOAN DOCUMENTS TO ALLOW TWO OFF-SITE EXISTING HOUSING UNITS TO BE MADE AFFORDABLE AS AN ALTERNATIVE TO SATISFY THE INCLUSIONARY HOUSING REQUIREMENT FOR THE FARBER JEFFERSON STREET CONDOMINIUMS LOCATED AT 1100 LAS FLORES DRIVE. APPLICANT: FARBER JEFFERSON STREET CONDOMINIUMS CASE NUMBER: SDP 02- 14 WHEREAS, on January 15, 2003, the Planning Commission approved the Farber Jefferson Street Condominiums to allow for the development of an 11 unit condominium project at 1100 Las Flores Drive which includes a requirement to provide two housing units affordable to low income households per the City of Carlsbad’s Inclusionary Housing Ordinance; and WHEREAS, the developer of the Farber Jefferson Street Condominiums has proposed to meet the project’s Inclusionary Housing Ordinance requirement with an alternative solution which would result in the developer’s purchase of two off-site housing units in an existing condominium development and the resale of those units at an affordable price to a low income household; and WHEREAS, the Inclusionary Housing Ordinance allows, at the discretion of the City Council, an alternative to the construction of new inclusionary housing units 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CC Resolution No. 2004-024 Page 2 WHEREAS, the proposed alternative offers a more financially feasible solution to satisfy the City’s Inclusionary Housing requirements and the existing development at 2362 Hosp Way has locational advantages over the market rate development at 1100 Las Flores Drive which include closer proximity to more mass transit, employment and shopping opportunities; and WHEREAS, based upon staff‘s determination of the existing development’s financial feasibility and locational advantages, the proposed alternative has demonstrated that the goals of the Inclusionary Housing Ordinance and the City’s Housing Element would be better served by allowing the inclusionary units associated with the Farber Jefferson Street Condominiums to be provided at an alternative site located at 2362 Hosp Way; and WHEREAS, the Housing Commission did, on the llth day of September, 2003, hold a public meeting to consider the developer’s request to approve an affordable housing agreement to allow two off-site existing housing units to be purchased and resold at an affordable price as an alternative to satisfy the inclusionary housing requirement for the Farber Jefferson Street Condominiums located at 1100 Las Flores Drive; and WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said Housing Commission considered all factors relating to the developer’s proposal and recommended approval of the proposal to the City Council; and WHEREAS, at their sole discretion, the City Council may determine that the proposed alternative to the construction of new inclusionary units is acceptable based upon the determination that the construction of on-site inclusionary housing units is infeasible or presents an unreasonable hardship in light of such factors as project size, site constraints, market 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CC Resolution No. 2004-024 Page 3 competition, price and product type disparity, developer capability, and financial subsidies available; and WHEREAS, the City Council did hold a public meeting to consider the developer’s request to approve an affordable housing agreement to allow two off-site existing housing units to be purchased and resold at an affordable price as an alternative to satisfy the inclusionary housing requirement for the Farber Jefferson Street Condominiums located at 1 100 Las Flores Drive; and WHEREAS, upon hearing and considering all testimony, if any, of all persons desiring to be heard, said City Council considered all factors relating to the proposed inclusionary housing alternative. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Carlsbad, California, does hereby find as follows: 1. 2. The above recitations are true and correct. The developer proposal to allow two off-site existing housing units to be purchased in an existing condominium development located at 2362 Hosp Way 3 Ill1 Ill1 /Ill llll Ill1 and to resale the units to a low income household as an alternative to new construction to satisfy the inclusionary housing requirement for the Farber Jefferson Street Condominiums located at 1100 Las Flores Drive is consistent with the goals and objectives and serves the priorities of the City of Carlsbad’s Housing Element, Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. As required by Section 21.85.07 of the Carlsbad Municipal Code, the City Council hereby finds that the construction of new on-site inclusionary housing units within the Farber development would be infeasible and present unreasonable hardship as a result of the new development’s small project size (11 units), site constraints, price and product type disparity for the new development, and the unavailability of financial subsidies for for-sale products. b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1E IS 2c 21 21 22 24 25 2f 2; 28 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 hereby approves an Affordable Housing Agreement and related loan documents, in substantially the form presented and subject to final approval by the City Attorney, to allow two off-site housing units in an existing condominium development at 2362 Hosp Way as an acceptable alternative to satisfy the Inclusionary Housing requirement for the Farber Jefferson Street Condominiums located at 1100 Las Flores Drive. 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 20th day of January 2004, by the following vote, to wit: AYES : Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ATTEST: ,P I L& INE WOOD, City Clerk 1 (SEAL) CC Resolution No. 2004-024 Page 4 7