HomeMy WebLinkAbout2002-04-09; Housing & Redevelopment Commission; Resolution 3521
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 352
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RPO1-08 AND
TENTATIVE TRACT MAP NO. 01-13, INCLUDING VARIANCES FOR
FRONT, SIDE AND REAR YARD SETBACKS WHICH EXCEED THE
MAXI" STANDARD RANGE AND THE ESTABLISHMENT OF THE
HIGH RESIDENTIAL (RH) DENSITY RANGE (15-23 DWELLING UNITS
PER ACRE), FOR A TWENTY-ONE (21) UNIT CONDOMINIUM
PROJECT ON PROPERTY LOCATED ON THE SOUTH SIDE OF
LAGUNA DRNE BETWEEN ROOSEVELT STREET AND STATE
STREET IN LAND USE DISTRICT 4 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
APPLICANT: WAVE CREST RESORTS lI, LLC
CASE NO: RP 01-08/CT 01-13
WHEREAS, on February 25, 2002, the City of Carlsbad Design Review Board held a duly
noticed public hearing to consider a Major Redevelopment Permit (RP 01-08) and Tentative Tract Map
(CT 01-13) for a twenty-one (21) unit condominium project on property located at 539 Laguna Drive,
and adopted Design Review Board Resolutions No. 280, 281, and 282 recommending to the Housing
and Redevelopment Commission that Major Redevelopment Permit (RP 01-08) and Tentative Tract
Map (CT 01-13) be approved; and
WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date
of this resolution held a duly noticed public hearing to consider the recommendation and heard all
persons interested in or opposed to Major Redevelopment Permit (RP 01-08) and Tentative Tract Map
(CT 01-13); and
WHEREAS, the recommended approval includes findings granting variances for the front,
side, and rear yard setbacks which exceed the standard range; and
WHEREAS, the recommended approval includes findings establishing the High Residential
(RH) density range of 15-23 dwelling units per acre for the subject property; and
WHEREAS, as a result of an environmental review of the subject project conducted pursuant
to the Guidelines for Implementation of the California Environmental Quality Act and the
Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued for the
HRC RES0 NO. 352
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subject project by the Planning Department on January 8, 2002 and recommended for approval by
Design Review Board Resolution No. 280 on February 25,2002.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That Major Redevelopment Permit (RP 01-08) and Tentative Tract Map (CT 01-13) are
APPROVED and that the findings and conditions of the Design Review Board contained in
Resolutions No. 280, 281, and 282, on file in the City Clerk's Office and incorporated herein by
reference, are the findings and conditions of the Housing and Redevelopment Commission.
3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
analyzed and considered the Negative Declaration (RP 01-08/CT 01-13), the environmental impacts
therein identified for this project and any comments thereon. The Housing and Redevelopment
Commission finds there is no substantial evidence that the project will have a significant effect on the
environment and hereby approves the Negative Declaration. The Housing and Redevelopment
Commission finds that the Negative Declaration (RP 01-08/CT 01-13) reflects the independent
judgment of the Housing and Redevelopment Commission of the City of Carlsbad.
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HRC RES0 NO. 352
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4. That this action is final the date this resolution is adopted by the Housing and
Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, “Time
Limits for Judicial Review” shall apply:
NOTICE TO APPLICANT:
“The time within which judicial review of this decision must be sought, or other exactions hereafter
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 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 hisher attorney of record, if he/she
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.”
PASSED, APPROVED, AND ADOPTED at a Suecia1 meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the =day of APRIL ,
2002 by the following vote to wit:
AYES: Commissioners Lewis, Kulchin, Nygaard, Hall
NOES: None
ABSENT: Commissioner Finnila
ABSTAIN: None
ATTEST
HRC RES0 NO. 352
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