HomeMy WebLinkAbout2013-04-02; City Council; Resolution 2013-072EXHIBIT 4
1 RESOLUTION NO. 2013-072
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, GRANTING AN APPEAL AND
3 MODIFYING THE DECISION OF THE PLANNING COMMISSION
TO APPROVE CARLSBAD VESTING TRACT MAP NUMBER 11-
4 04 FOR THE QUARRY CREEK MASTER PLAN PROJECT ON
156 ACRES OF LAND GENERALLY LOCATED SOUTH OF
5 HAYMAR DRIVE AND WEST OF COLLEGE BOULEVARD IN
THE NORTHEAST QUADRANT OF THE CITY IN LOCAL
6 FACILITIES MANAGEMENT ZONE 25.
CASE NAME: QUARRY CREEK MASTER PLAN
7 CASE NO.: CT 11-04
8 The City Council of the City of Carisbad, Califomia, does hereby resolve as
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follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on Febmary 20, 2013 and March 6, 2013, hold duly noticed public hearings as
prescribed by law to consider Vesting Carisbad Tract Map (CT) 11-04 and adopted Planning
Commission Resolution No. 6938, approving CT 11-04; and
WHEREAS, the City Council of the City of Carisbad, on March 26, 2013 and April
2, 2013 held duly noticed public hearings to consider an appeal of the approval of CT 11-04,
and
WHEREAS, at said public hearings, 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 appeal of a CT approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council ofthe City
of Carisbad as follows:
1. That the above recitations are true and correct.
2. That the City Council grants the appeal and that the findings of the
Planning Commission contained in Planning Commission Resolution No. 6938 on file with the
City Clerk and incorporated herein by reference as, shall be the findings of the City Council
except that:
Finding 8(b) is revised as follows:
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1 The project is consistent with the Housing Element of the General Plan and the
2 Inclusionary Housing Ordinance in that the Quanry Creek Master Plan implements Housing
3 Policy 2.1 by provided for 300 dwelling units at a minimum density of 20 units per acre and 200
4 dwelling units at a minimum of 12 units per acre. The Quany Creek Master Plan provides the
5 development standards and frameworic for the orderiy development and distribufion of housing
6 types and areas designated as RMH and RH that will accommodate higher density affordable
7 housing and the project will provide for income and rent restricted housing (at 80% or less of the
8 San Diego County Area Median) in a total number equal to fifteen percent (15%) of the total
9 number of for-sale housing units and five percent (5%) of the total number of rental housing
10 units constructed within the Master Plan area, with a minimum number of low income restricted
11 affordable dwelling units to be no less than ten percent (10%) of the total number of dwelling
12 units (for-sale and/or rental) as approved by the City Council, to safisfy the Housing Element
13 requirements for the City of Carisbad and that the residential segments of the Master Plan will
14 include a variety of housing types that range from lower-income, rent or price restricted housing
1^ to housing ownership opportunities in the form of more affordable townhomes and
1^ condominiums, and that the excess dwelling units (approximately 363 total) approved by the
City to be used for development within this Master Plan will serve a key public purpose by
assisting in the development of diverse affordable housing product, including income and price
or rent restricted affordable housing units, and will also enhance the jobs/housing balance for
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the community.
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22 Finding 8(f) is revised as follows:
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The project preserves, protects and enhances those areas of the site that provide
unique and special open space functions, including, but not limited to, active and passive
recreafional uses, wildlife habitats and comdors, and desirable vegetafion in that approximately
93.1 acres of the total Quany Creek Master Plan area is being set aside in open space. For
1 purposes of habitat protection, the project is preserving sensitive habitat within open space
2 conservation Planning Areas OS-1, OS-2, and OS-3 consistent with the Habitat Management
3 Plan. The wildlife agencies concur with the findings of the equivalency determinafion and that
4 the project complies with the City's HMP.
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^ Condifion No. 25 of Planning Commission Resolution 6938 is revised as follows:
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III
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in
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III
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Prior to the approval of the final map for any phase of this project, or where a
map is not being processed, prior to the issuance of building permits for any lots
or units, the Developer shall enter into an Affordable Housing Agreement with
the City to provide and deed restrict a maximum of 15% of the total number of
for-sale dwelling units and 5% of the total number of rental dwelling units within
the Master Plan area, with a minimum of 10% of the total number of dwelling
units (for-sale and/or rental) as approved by the City Council as affordable to
lower-income households for 55 years, in accordance with the requirements and
process set forth in Chapter 21.85 of the Carisbad Municipal Code. The draft
Affordable Housing Agreement shall be submitted to the City Planner no later
than 60 days prior to the request to final the map. The recorded Affordable
Housing Agreement shall be binding on all future owners and successors in
interest.
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is govemed
by Code of Civil Procedure, Section 1094.6, which has been made applicable In
the City of Carisbad by Carisbad 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 preparafion 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 attomey of
record, if he has one. A written request for the preparation of the record of the
proceedings shall be filed with the City Cleric, City of Carlsbad, 1200 Carlsbad
Village Drive, Carisbad, CA. 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carisbad on the 2nd day of April, 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackbum, Douglas
None
None
TJ HAbL, Mayor MATT
ATTEST:
BARBARA ENGLESOPfi^ity Clerk
(SEAL)
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