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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