HomeMy WebLinkAbout2002-06-25; Housing & Redevelopment Commission; Resolution 355HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 355
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 00-17 AND
COASTAL DEVELOPMENT PERMIT NO. CDP 00-5 1, INCLUDING A
VARIANCE FOR A FRONT YARD SETBACK WHICH EXCEEDS THE
MAXIMUM STANDARD RANGE, FOR THE DEMOLITION AND
RECONSTRUCTION OF AN EXISTING FAST FOOD RESTAURANT
CARLSBAD VILLAGE DRTVE IN LAND USE DISTRICT 1 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
APPLICANT: TRICON GLOBAL RESTAURANTS
CASE NO: RP 00-1 7/CDP 00-5 1
AND DRIVE-THRU FACILITY ON PROPERTY LOCATED AT 745
WHEREAS, on April 29, 2002, the City of Carlsbad Design Review Board held a duly
noticed public hearing to consider a Major Redevelopment Permit (RP 00-17) and Coastal
Development Permit (CDP 00-51) for the demolition and reconstruction of an existing fast
food restaurant and drive-thru facility on property located at 745 Carlsbad Village Drive and
adopted Design Review Board Resolutions No. 283 and 284 recommending to the Housing
and Redevelopment Commission that Major Redevelopment Permit (RP 00-17) and Coastal
Development Permit (CDP 00-5 1) 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 00-17) and
Coastal Development Permit (CDP 00-5 1); and
WHEREAS, the recommended approval includes findings granting variances for the
front and rear yard setbacks which exceed the standard range; and
WHEREAS, the recommended approval includes findings granting a variance for the
front yard setback which exceeds the standard range; and
WHEREAS, as a result of an environmental review of the subject project conducted
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pursuant to the Guidelines for Implementation of the California Environmental Quality Act
and the Environmental 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 Guidelines as an in-fill development project on a
site of less than five acres in an urbanized area that has no habitat value and is served by
adequate facilities.
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 00-17) and Coasta1,Development Permit
(CDP 00-51) are APPROVED and that the findings and conditions of the Design Review
Board contained in Resolutions No. 283 and 284, on file in the City Clerk’s Office and
incorporated herein by reference, are the findings and conditions of the Housing and
Redevelopment Commission except as modified below:
A. The drive-thru cover shall be eliminated or redesigned and reduced in size
to the satisfaction of the Housing and Redevelopment Director; and
B. An outdoor dining area shall be provided and incorporated into the project
to the satisfaction of the Housing and Redevelopment Director.
3. That the Housing and Redevelopment Commission of the City of Carlsbad has
reviewed, analyzed and considered the environmental determination 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 environmental determination. The Housing and Redevelopment Commission finds that the
environmental determination reflects the independent judgment of the Housing and
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Redevelopment Commission of the City of Carlsbad.
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 hidher 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 special meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the 25” day of
June, 2002 by the following vote to wit:
AYES : Commissioners Nygaard, Hall
NOES: Commissioner Lewis
ABSENT: Commissioners Kulchin, Fi
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