HomeMy WebLinkAbout2006-11-21; Housing & Redevelopment Commission; Resolution 4311
2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 431
3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP06-02 FOR
THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT
5 CONSISTING OF FOUR (4) APARTMENT UNITS AND 2,170 SQUARE
FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE
6 PROPERTY LOCATED AT 3135 & 3147 ROOSEVELT STREET IN
LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE
7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1 AND APPROVING A PARKING-IN-LIEU FEE
8 PROGRAM PARTICIPATION AGREEMENT BETWEEN THE
COMMISSION & ROOSEVELT PLAZA, LLC.
9 APPLICANT: PATRICK M. NORMAN
CASE NO: RP 06-02
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1' WHEREAS, on September 25, 2006, the City of Carlsbad Design Review Board held a duly
noticed public hearing to consider a Major Redevelopment Permit (RP 06-02) for the construction of
mixed-use development project consisting of four (4) apartment units and 2,170 square feet of
14 commercial (retail/office) space on the property located at3135&3147 Roosevelt Street, and adopted
15 Design Review Board Resolutions No. 314 recommending to the Housing and Redevelopment
16 Commission that Major Redevelopment Permit (RP 06-02) be approved; and
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WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date
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of this resolution held a duly noticed public hearing to consider the recommendation and heard all
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persons interested in or opposed to Major Redevelopment Permit (RP 06-02); and
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WHEREAS, the recommended Design Review Board approval includes findings establishing
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the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and
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WHEREAS, the recommended Design Review Board approval includes findings granting
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participation in the Parking In-Lieu Fee Program for a maximum of three (3) parking spaces; and
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WHEREAS, as a condition of approval of Major Redevelopment Permit 06-02, the
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Commission and Property Owner agreed to enter into an agreement to allow the Property Owner to
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participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on-
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site parking requirement for the subject project; and
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HRC RESO NO.
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2 WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of
3 approval, to pay the established Parking In-Lieu Fee for a total of three (3) parking spaces to satisfy a
4 portion of the on-site parking requirement for the approved mixed-use project located at 3135 & 3147
5 Roosevelt Street within the Village Redevelopment Area of the City; and
6 WHEREAS, the Commission finds that the subject property and project has qualified to
7 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and participation in
8 the program will satisfy a maximum of three (3) of the required parking spaces for the subject mixed-
9 use project on the noted property at 3135 & 3147 Roosevelt Street; and
1" WHEREAS, the Commission has determined that the proposed project is consistent with the
1' goals and objectives of the Village Master Plan and Design Manual; and
i *?l* WHEREAS, the Commission has determined that there is adequate public parking available
within the Village Redevelopment Area to accommodate a portion of the subject project's parking
demands; and
WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this
Parking In-Lieu Fee Participation Agreement; and
WHEREAS, as a result of an environmental review of the subject project conducted pursuant
18 to the Guidelines for Implementation of the California Environmental Quality Act and the
19 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically
20 exempt from the requirement for preparation of environmental documents pursuant to Section 15332
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of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an
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urbanized area that has no habitat value and is served by adequate facilities.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California as follows:
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1. That the foregoing recitations are true and correct.
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2. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
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analyzed and considered the environmental determination for this project and any
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2 comments thereon.
3 3. The Housing and Redevelopment Commission finds that:
4 (a) The project is consistent with the applicable general plan designation and all
5 applicable general plan policies as well as with applicable zoning designation and regulations;
6 (b) The proposed development occurs within city limits on a project site of no more
' than five acres and substantially surrounded by urban uses;
* (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.
The Housing and Redevelopment Commission finds that the environmental determination reflects the
independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad.
14 4. That Major Redevelopment Permit (RP 06-02) is APPROVED and that the findings and
conditions of the Design Review Board contained in Resolution No. 314, on file in the City Clerk's
16 Office and incorporated herein by reference, are the findings and conditions of the Housing and
17 Redevelopment Commission; and
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5. That this action is final the date this resolution is adopted by the Housing and
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Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time
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Limits for Judicial Review" shall apply.
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NOTICE TO APPLICANT:
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"The time within which judicial review of this decision must be sought, or other exactions hereafter
23 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
24 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
25 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
26 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/her attorney of record, if he/she
27 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."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad on the 21st day of November,
2006, by the following vote:
AYES: Commission Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Commission Member Hall
PATCHETT, Secretary