HomeMy WebLinkAbout2009-01-26; Design Review Board; Resolution 3381 DESIGN REVIEW BOARD RESOLUTION NO. 338
2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMMENDMENT TO COASTAL DEVELOPMENT PERMIT NUMBER
4 CDP 06-09 TO ALLOW THE CONVERSION OF A MIXED-USE
DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3
5 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS
ON THE PROPERTY LOCATED AT 560 CARLSBAD VILLAGE DRIVE
6 IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT
7 ZONE1.
CASE NAME: ROOSEVELT CENTER
8 APN: 203-292-22
CASE NO.: CDP 06-09A9
WHEREAS, Richard and Richard Construction, "Applicant", has filed a
verified application with the Redevelopment Agency of the City of Carlsbad regarding property
\2 owned by Tom Hurley, "Owner", described as Assessor Parcel Numbers 203-292-22, and
13 more thoroughly described in Attachment A, ("the Property"); and
14 WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits "A-C" dated January 26, 2009, on file in the
16 Housing and Redevelopment Department, "Roosevelt Center RP 06-03A/CDP 06-09A/CT 08-
17 05" as provided by Chapter 21.81.040 of the Carlsbad Municipal Code; and
18 thWHEREAS, the Design Review Board did, on the 26 day of January 2009, hold
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a duly noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, said Board considered all factors
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relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review Board
of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
27 B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of Roosevelt Center CDP 06-09A based on the
28 following findings and subject to the following conditions:
Findings:
2 " That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Carlsbad Village Redevelopment Master Plan and
Design Manual, which serve as the Certified Local Coastal Program for the City of
4 Carlsbad Segment of the California Coastal Zone and all applicable policies in that
the development does not obstruct views or otherwise damage the visual beauty
5 of the coastal zone, and no agricultural activities, sensitive resources, geological
instability exist on the site.
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2. The proposal is in conformity with the public access and recreation policies of Chapter 3
7 of the Coastal Act in that the development will not alter physical or visual access to
the shore.
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3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes
exist within the proposed construction area, all grading will conform to the City's
erosion control standards, and the site is not prone to landslides or susceptible
to accelerated erosion, floods, or liquefaction.
12 Conditions:
13 Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance
of building permits.
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1. This approval is granted subject to the approval of amended Redevelopment Permit
15 (RP 06-03A) and is subject to all condition contained in Design Review Board
Resolution No. 337 for those approvals incorporated herein by reference.16
2. This approval is granted subject to the approval of Tentative Tract Map No. CT 08-05
and is subject to all conditions contained in Design Review Board Resolution No. 336
for those other approvals incorporated herein by reference.
19 3. All conditions contained within Design Review Board Resolution No. 323 and as
approved by Housing and Redevelopment Commission Resolution No. 441 shall
20 remain in full force and effect.
21 4. Conditions not satisfied in Design Review Board Resolution No. 323 as of the date of
this approval shall be satisfied prior to issuance of the Certificate of Occupancy.
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NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Design
Review Board of the City of Carlsbad, California, held on the 26th day of January, 2009, by the
following vote, to wit:
AYES:
NOES:
BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON
NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
AMTHON/ tAWSON, CHAIRPERSON
DESIGNKREVIEW BOARD
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRBRESONO. 338 -3-