HomeMy WebLinkAbout1999-06-08; Housing & Redevelopment Commission; Resolution 308= ll 0 e
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 308
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT (RP 98-08)
AND COASTAL DEVELOPMENT PERMIT (CDP 98-48)
INCLUDING SIGNAGE AND A VARIANCE FOR A FRONT
SETBACK WHICH EXCEEDS THE MAXIMUM STANDARD
RANGE FOR CONSTRUCTION OF A 141 ROOM HOTEL ON
PROPERTY LOCATED ON THE EAST SIDE OF CARLSBAD
BOULEVARD BETWEEN CHRISTIANSEN WAY AND BEECH
STREET IN LAND USE DISTRICT 1 OF THE VILLAGE
REDEVELOPMENT AREA.
APPLICANT: HERITAGE WEST
CASE NO: RP 98-08/CDP 98-48
WHEREAS, on December 14,1998, the Carlsbad Design Review Board
duly noticed public hearing to consider a Major Redevelopment Permit (RP 984
Coastal Development Permit (CDP98-48), including signage, for a change in land I
construction of a new hotel project to be located on the east side of Carlsbad Boc
between Christiansen Way and Beech Avenue, and adopted Design Review
Resolutions No. 264, 265 and 266 recommending to the Housing and Redeve18
Commission that Major Redevelopment Permit (RP 98-08) and Coastal Development
(CDP 98-48) be approved; and
WHEREAS, the Housing and Redevelopment Commission of the
Carlsbad, on the date of this resolution held a duly noticed public hearing to cons:
recommendation and heard all persons interested in or opposed to Major Redevel
Permit (RP 98-08) and Coastal Development Permit (CDP 98-48); and
WHEREAS, the recommended approval from the Design Review
includes findings to grant a variance for the front setback which exceeds the standarc
and
WHEREAS, as a result of an environmental review of the subject
conducted pursuant to the Guidelines for Implementation of the California Enviro
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Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Mi
Negative Declaration was issued for the subject project by the Planning Departm
October 19,1998, and recommended for approval along with the Mitigation Monitori
Reporting Program by Design Review Board Resolution No. 264 on December 14,1998
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housir
Redevelopment Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That the Major Redevelopment Permit (RP 98-08) and Coastal Develc
Permit (CDP 98-48), including the setback variance, are APPROVED and
findings and conditions of the Design Review Board contained in Resoluti
265 and 266, on file in the City Clerk's Office and incorporated he
reference, are the findings and conditions of the Housing and Redevel
Commission.
3. That the Housing and Redevelopment Commission of the City of Carlsl
reviewed, analyzed and considered the Mitigated Negative Declaration
OS), the environmental impacts therein identified for this project a:
comments thereon. The Housing and Redevelopment Commission finds
no substantial evidence that the project will have a sigruficant effect
environment and hereby approves the Mitigated Negative Declaration
Commission finds that the Mitigated Negative Declaration (RP 98-08) refl
independent judgment of the Housing and Redevelopment CommissioI
City of Carlsbad.
Mitigation Monitoring and Reportmg Program. The Housing and Redevel
4. Please take NOTICE that approval of your project includes the "imposi
fees, dedications, reservations for convenience as "fees/exactions."
You have 90 days from the date of project approval by the Hous
Redevelopment Commission to protest imposition of these fees/exaction:
protest them, you must follow the protest procedure set forth in Gov
Code Section 66020(a), and file the protest and any other required infc
with the City Manager for processing in accordance with Carlsbad M
Code Section 3.32.030. Failure to timely follow that procedure will
subsequent legal action to attack, review, set aside, void, or ann
imposition.
You are hereby FURTHER NOTIFIED that your right to protest the s
fees/exactions DOES NOT APPLY to water and sewer connection f
capacity charges, nor planning, zoning, grading or other similar ap]
processing or service fees in connection with this project; NOR DOES IT
HRC RES0 NO.
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to any fees/exactions of which you have previously been given a NOTICE
to this, or as to which the statute of limitations has previously otherwise ex€
5. That this action is final the date this resolution is adopted by the Housi~
Redevelopment Commission . The provision of Chapter 1.16 of the C;
Municipal Code, Time Limits for Judicial Review” shall apply:
4 i1 ”NOTICE TO APPLICANT:
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”The time within which judicial review of this decision must be, or
by Code of Civil Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad Municipal Code Chapter 1.16.
Any petition or other paper 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 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 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
attorney of record, if he has one. A 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.”
other exactions hereafter collectively referred to sought is governed
PASSED, APPROVED, AND ADOPTED at a regular meeting of the I
and Redevelopment Commission of the City of Carlsbad, California, held on the 8tb
of June ,1999, by the following vote, to wit
AYES: Commission Members Lewis, Nygaard, Finnila & Kulchir
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20 NOES: None
21 ABSENT: Commission Member
22 ABSTAIN:
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27 I/ (SEAL)
28 HRC RES0 NO.
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