HomeMy WebLinkAbout2008-05-20; Housing & Redevelopment Commission; Resolution 4531 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.
A RESOLUTION OF THE HOUSING AND
3 REDEVELOPMENT COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A REQUEST FOR
4 A TWO YEAR EXTENSION OF CARLSBAD TRACT MAP
CT 05-33 TO SUBDIVIDE .402 ACRES INTO SIX (6)
5 CONDOMINIUM UNITS AND 1,913 SQUARE FEET OF
6 RETAIL SPACE ON THE PROPERTY LOCATED AT 3112
LINCOLN STREET IN LAND USE DISTRICT 9 OF THE
7 VILLAGE REDEVELOPMENT AREA AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: LINCOLN AND OAK MIXED-USE
CASE NO.: CT 05-03x1
10 WHEREAS, Robert Richardson, "Applicant", has filed a verified
11 application with the City of Carlsbad regarding property owned by Russell Lee Bennett,
12 "Owner", described as Assessor Parcel Number 203-260-14 and 203-260-15 and more
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thoroughly described as
PARCEL 1: (APN: 203-260-14)
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PARCEL 1 OF PARCEL MAP NO. 11077, IN THE CITY OF
16 CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
, ? ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10,
18 1981.
19 PARCEL 2: (APN: 203-260-15)
20 PARCEL 2 OF PARCEL MAP NO. 11077, IN THE CITY OF
21 CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE
22 COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10,
1981.
23 ("the Property"); and
24 WHEREAS, said verified application constitutes a request for a Tentative
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Tract Map Extension as shown on Exhibits "A" - "J" dated January 23, 2006, on file in
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the Housing and Redevelopment Department as Lincoln and Oak Mixed-Use RP 04-
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1 11/CDP 04-30/CT 05-03", as provided by Chapter 20.12 of the Carlsbad Municipal
2 Code; and
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WHEREAS, the Housing and Redevelopment Commission did, on the
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20tb day of May , 2008, hold a duly noticed public hearing as prescribed by
5 law to consider said request; and
7 WHEREAS, at said public hearing, upon hearing and considering all
8 testimony and arguments, if any, of persons desiring to be heard, said Commission
Q considered all factors relating to the Tentative Tract Map Extension;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and
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Redevelopment Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
14 B) That based on the evidence presented at the public hearing, the Housing
and Redevelopment Commission hereby APPROVES Lincoln and Oak
15 Mixed-Use CT 05-03x1, based on the following findings and subject to
the following conditions:
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17 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
13 1. The Housing & Redevelopment Commission finds that the subject project has
been found to be exempt from environmental review pursuant to Section 15332
19 of the State CEQA Guidelines as an infill development project on a site less than
5 acres in an urbanized area that has no habitat value and is served by adequate
20 facilities.
21 2. The project remains consistent with and satisfies all requirements of the General
22 Plan, the Village Redevelopment Plan and Village Master Plan and Design
Guidelines, Titles 20 and 21 of the Carlsbad Municipal Code, and the State
23 Subdivision Map Act and will not cause serious public health problems with
approval of the findings and conditions set forth in Design Review Board
24 Resolution No. 304 dated January 23, 2006 and approved by the Housing and
Redevelopment Commission on March 28, 2008.
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26 CONDITIONS:
1. This approval is granted subject to the approval of RP 04-11x1 & CDP 04-30x1
27 and is subject to all conditions contained in Housing and Redevelopment
Commission Resolution Nos. 451 and 452 for those other approvals.
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2. All the conditions contained in Design Board Resolution No. 304 dated January
2 23, 2006 for CT 05-03 are incorporated herein by reference and shall remain in
full force and effect except for condition No. 23 which shall be amended to read
3 as follows;
4 Prior to the issuance of grading permit or building permit, whichever occurs first,
Developer shall submit for City approval a "Storm Water Management Plan
5 (SWMP)." The SWMP shall demonstrate compliance with the current City of
Carlsbad Standard Urban Stormwater Mitigation Plan (SUSMP), Order R9-2007-
001 issued by the San Diego Region of the California Regional Water Quality
7 Control Board and City of Carlsbad Municipal Code. The SWMP shall address
measures to avoid contact or filter said pollutants from storm water, to the
8 maximum extent practicable, for the post-construction stage of the project. At a
minimum, the SWMP shall:
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a. identify existing and post-development on-site pollutants-of-concern;
10 b. identify the hydrologic unit this project contributes to and impaired water
bodies that could be impacted by this project;
11 c. recommend source controls and treatment controls that will be implemented
12 with this project to avoid contact or filter said pollutants from storm water to
the maximum extent practicable before discharging to City right-of-way;
13 d. establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to resident and employee education
14 on the proper procedures for handling clean up and disposal of pollutants;
e. ensure long-term maintenance of all post construct BMPs in perpetuity; and
15 identify how post-development runoff rates and velocities from the site will not
16 exceed the pre-development runoff rates and velocities to the maximum
extent practicable.
17 f. identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities to the maximum
18 extent practicable.
g. incorporate Low Impact Development (L.I.D.) measures into the project
19 design.
20 3. Developer shall cause property owner to process, execute and submit an
21 executed copy to the City Engineer for recordation a City standard
Permanent Stormwater Quality Best Management Practice Maintenance
22 Agreement for the perpetual maintenance of all treatment control,
applicable site design and source control, post-construction permanent
23 Best Management Practices prior to the issuance of a grading permit or
building permit, or the recordation of a final map, whichever occurs first for
24 this Project
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4. Prior to the issuance of a grading permit or building permit, whichever
25 occurs first, the Developer shall complete a Project Threat Assessment
Form as required per Volume 4, Section 3 of the Carlsbad Engineering
27 Standards and submit the appropiate Tier level Storm Water Compliance
Form and Storm Water Pollution Prevention Plan (SWPPP) as determined
28 by the completed Project Threat Assessment Form.
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5. This Tentative Tract Map Extension is granted for a period of two (2) years
2 retroactively, from March 28, 2008 through March 28, 2010.
3 NOTICE
4 Please take NOTICE that approval of your project includes the "imposition" of fees,
5 dedications, reservations, or other exactions hereafter collectively referred to for
convenience as "fees/exactions."
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You have 90 days from the date of final approval to protest imposition of these
7 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
8 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.
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You are hereby FURTHER NOTIFIED that your right to protest the specified
11 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
12 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.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California held on the 20- day of
May. 2008, by the following vote:
AYES: Commission Members Lewis, Kulchin and Packard.
NOES: None.
ABSENT: Commission Members Hall and
ATTEST:
\% i LISA HILDABRAND, Secretary
HI 1970 jf! (SEAL)