The Carlsbad City Council will hear Tuesday a plan to build a four-story building with 33 condos, 42 parking spaces and 3,419 square feet of commercial space in Carlsbad Village.
The project is known as Rincon Roosevelt and would be on a 0.69-acre lot at 2747 and 2775 Roosevelt Street, where there is currently a real estate office and eight apartments.
The Planning Commission recommended approval in February, but city staff said in Tuesday’s report that they later found potential violations of a state law that may preclude the city from approving the project.
The project would require demolishing eight existing apartments on the property, which the city said have specific protections under the Housing Crisis Act of 2019 because the tenants are considered low-income.
The applicant, Rincon Homes, agreed to incorporate the necessary conditions, but the law blocks the city from approving the project unless the requirements are satisfied, the report said.
The developers are also proposing using the state’s Density Bonus Law and include five lower-income units in exchange for a project that exceeds the 25 units allowed under the city’s current zoning.
Staff said it’s up to councilmembers whether they want to approve the project Tuesday, and gave them both options.
City staff said in the report that they believe there is sufficient evidence to support denying the project because the applicant cannot demonstrate full compliance with the Housing Crisis Act’s tenant protection requirements.
Staff also said that the California Department of Housing and Community Development told city staff that it would not go after the city, and that if the city approved the project the tenant protections would be included.