HomeMy WebLinkAbout2009-08-18; City Council; Resolution 2009-2211 CITY COUNCIL RESOLUTION NO.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
MAJOR REDEVELOPMENT/REVIEW PERMIT NUMBER RP 04-24 TO
4 REVISE EXTERIOR ELEVATIONS OF PREVIOUSLY APPROVED
FOUR-UNIT CONDOMINIUM PROJECT ON THE PROPERTY
5 LOCATED AT 2737 MADISON STREET IN LAND USE DISTRICT 1 OF
THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN
6 LOCAL FACILITIES MANAGEMENT ZONE 1.
7 APPLICANT: BRUCE B. BAKER
CASE NO: RP 04-24A8
WHEREAS, the City Council of the City of Carlsbad, on the date of this resolution held a duly
, Q noticed public hearing to consider the recommendation and heard all persons interested in or opposed to
11 Major Redevelopment/Review Permit Amendment (RP 04-24A); and
\2 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
13 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
14 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
15 requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA
Guidelines as an in-fill development project on a site of less than five acres in an urbanized area
17
that has no habitat value and is served by adequate facilities.
18
GENERAL CONDITIONS:
20 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of
building permits.
21
1. All original conditions approved within Design Review Board Resolution No. 305 and as
approved by Housing and Redevelopment Commission Resolution No. 413 shall remain in
2^ full force and effect.
24
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad,
25
California as follows:
26
1. That the foregoing recitations are true and correct.
27
2. That Major Redevelopment/Review Permit Amendment (RP 04-24A) is APPROVED and28
J
that the findings and conditions of the City Council contained in this resolution are final.
2 3. That the City Council of the City of Carlsbad has reviewed, analyzed and considered the
environmental determination for this project and any comments thereon. The City Council finds that:
4
(a) The project is consistent with the applicable general plan designation and all
5
applicable general plan policies as well as with applicable zoning designation and regulations;
6
(b) The proposed development occurs within city limits on a project site of no more than
7
five acres and is substantially surrounded by urban uses;8
(c) The project site has no value as habitat for endangered, rare or threatened species;
, Q (d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality; and
12 (e) The site can be adequately served by all required utilities and public services.
13 The City Council finds that the environmental determination reflects the independent
14 judgment of the City Council of the City of Carlsbad.
4. That this action is final the date this resolution is adopted by the City Council. The provision
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
17 NOTICE TO APPLICANT:
18 "The time within which judicial review of this decision must be sought, or other exactions hereafter
19 collectively referred to, 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
20 seeking judicial 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
21 final a request for the record of the proceedings accompanied by the required deposit in an amount
sufficient to cover the estimated cost of preparation of such record, the time within which such petition
22 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/her attorney of record, if he/she has one. A
23 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, California, 92008."
25
26
27
28
-2-
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
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 18th day of August 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Lewis, Kulchin, Hall, Packard, Blackburn
None
None
A LEWIS, Mayor
ATTEST:
LORRAINE NU/V^OJD, qty>Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL) .^iHMI,,