HomeMy WebLinkAbout2009-04-07; City Council; Resolution 2009-0531 CITY COUNCIL RESOLUTION NO. 2009-053
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP
FOR THE CONVERSION OF A MIXED-USE DEVELOPMENT
4 PROJECT INTO 10 CONDOMINIUMS WITH 3 COMMERCIAL UNITS,
5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON THE PROPERTY
5 LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND USE
DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT
6 AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
7 APPLICANT: RICHARD AND RICHARD CONSTRUCTION
CASE NO; CT 08-05
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WHEREAS, on January 26, 2009, the City of Carlsbad Design Review Board held a duly noticed
, ^ public hearing to consider a Tentative Tract Map to convert a mixed-use development project into 10
condominiums consisting of 3 commercial units, 5 office units, and 2 residential units on the property
12 located at 560 Carlsbad Village Drive, and adopted Design Review Board Resolution No. 336
13 recommending that the Tentative Tract Map be approved with conditions; and
14 WHEREAS, the City Council 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
16 Tentative Tract Map (CT 08-05); and
17 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
18 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
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Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
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requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA
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Guidelines as an in-fill development project on a site of less than five acres in an urbanized area
23 that has no habitat value and is served by adequate facilities.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad,
25 California as follows:
26 1. That the foregoing recitations are true and correct.
27 2. That Tentative Tract Map CT 08-05 is hereby APPROVED and that the findings and
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conditions of the Design Review Board contained in Resolution No. 336 on file in the City Clerk's
2 Office and incorporated herein by reference, are the findings and conditions of the City Council.
3. That the City Council of the City of Carlsbad has reviewed, analyzed and considered the
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environmental determination for this project and any comments thereon. The City Council finds that:
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(a) The project is consistent with the applicable general plan designation and all
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applicable general plan policies as well as with applicable zoning designation and regulations;
(b) The proposed development occurs within city limits on a project site of no more than
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five acres and substantially surrounded by urban uses;
-.,-, (c) The project site has no value as habitat for endangered, rare or threatened species;
11 (d) Approval of the project would not result in any significant effects relating to traffic,
\2 noise, air quality, or water quality; and
13 (e) The site can be adequately served by all required utilities and public services.
14 The City Council finds that the environmental determination reflects the independent
15 judgment of the City Council of the City of Carlsbad.
4. That this action is final the date this resolution is adopted by the City Council. The provision
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
18 NOTICE TO APPLICANT:
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"The time within which judicial review of this decision must be sought, or other exactions hereafter
20 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
21 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
22 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
23 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 has one. A
written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City
25 of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Housing and Redevelopment Commission held on
the 7th day of April, 2009, by the following vote:
AYES: Council Members Kulchin, Hall and Blackburn.
NOES: Council Member Lewis.
ABSENT: Council Member Packard
CLAUDE A LEWIS; Chairman
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)