HomeMy WebLinkAbout2011-05-10; City Council; Resolution 2011-0881 CITY COUNCIL RESOLUTION NO. 2011-088
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A MAJOR REVIEW
(REDEVELOPMENT) PERMIT AMENDMENT RP 05-1OA, TENTATIVE
4 TRACT MAP AMENDMENT CT 05-20A, AND COASTAL
DEVELOPMENT PERMIT AMENDMENT CDP 05-42A TO ALLOW
5 THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
CONSISTING OF NINE (9) CONDOMINIUM UNITS AND 1,155
6 SQUARE FEET OF COMMERCIAL/RETIAL SPACE AND SUBDIVIDE
.28 ACRES ON THE PROPERTY LOCATED AT 3044 STATE STREET
7 IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REVIEW
ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
8
APPLICANT: ROBERT RICHARDSON
9 CASE NO: RP 05-10CAVCT 05-20(AVCDP 05-42CA)
WHEREAS, on March 16, 2011, the City of Carlsbad Planning Commission held a duly noticed
11 public hearing to consider a Major Review (Redevelopment) Permit Amendment RP 05-10(A), Tentative
12
Tract Map Amendment CT 05-20(A), and Coastal Development Permit Amendment CDP 05-42(A) for
13
the construction of mixed-use development project consisting of nine (9) condominium units and 1,150
14
square feet of retail space on the property located at 3044 State Street, and adopted Planning Commission
Resolutions No. 6767, 6768, and 6769 recommending to the City Council that Major Review16
17 (Redevelopment) Permit Amendment RP 05-10A, Tentative Tract Map Amendment CT 05-20A, and
I g Coastal Development Permit Amendment CDP 05-42A be approved; and
19 WHEREAS, the City Council of the City of Carlsbad, on the date of this resolution held a duly
20 noticed public hearing to consider the recommendation and heard all persons interested in or opposed to
21 Major Review (Redevelopment) Permit Amendment RP 05-10(A), Tentative Tract Map CT 05-20(A),
22 and Coastal Development Permit CDP 05-42(A); and
23 WHEREAS, the recommended Planning Commission approval includes findings granting
participation in the Parking In-Lieu Fee Program for a maximum of four (4) commercial parking spaces
25 and standards modifications to reduce on-site residential guest parking by one space and reducing the
26 size of said on-site guest parking spaces; and
27
WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
28
the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
2 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA
4
Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has
5
no habitat value and is served by adequate facilities.
6
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad,
7
California as follows:
8
1. That the foregoing recitations are true and correct.
2. That Major Review (Redevelopment) Permit Amendment RP 04-24(A), Tentative Tract Map
CT 05-20(A), and Coastal Development Permit CDP 05-42(A) are APPROVED and that the findings
12 and conditions of the Planning Commission contained in Resolution Nos. 6767, 6768, and 6769 on file in
13 the City Clerk's office and incorporated herein by reference are the findings and conditions of the City
14 Council..
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:
17 (a) The project is consistent with the applicable general plan designation and all
18 applicable general plan policies as well as with applicable zoning designation and
19
regulations;
20
(b) The proposed development occurs within city limits on a project site of no more than
21
five acres and is substantially surrounded by urban uses;
22
(c) The project site has no value as habitat for endangered, rare or threatened species;
(d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public services.
27 The City Council finds that the environmental determination reflects the independent
28 judgment of the City Council of the City of Carlsbad.
CC RESO NO. -2-
1 4. That this action is final the date this resolution is adopted by the City Council. The provision
2 of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
3 NOTICE TO APPLICANT:
4,,
"The time within which judicial review of this decision must be sought, or other exactions hereafter
5 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
6 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 final a
7 request for the records 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 may be filed in
8 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 written
9 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."
10
11 n
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
12
Carlsbad on the 10th day of May 2011, by the following vote to wit:
13
14 AYES: Council Members Kulchin, Blackburn, Douglas, Packard.
15
,, NOES: None.16
17
ABSENT: Council Member Hall,lo
19
20
21 ' MATT HALL, (NJayor
22 ATTEST:
23
24
25
26 <SEAL>
27
28