HomeMy WebLinkAbout2011-09-13; City Council; Resolution 2011-2151 CITY COUNCIL RESOLUTION NO. 2011-215
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING A MAJOR VILLAGE
REVIEW PERMIT RP 10-46 AND COASTAL DEVELOPMENT PERMIT
4 CDP 10-32 TO ALLOW THE CONSTRUCTION OF A MIXED-USE
DEVELOPMENT PROJECT CONSISTING OF 5,029 SQUARE FEET
5 OF COMMERCIAL/RETAIL SPACE AND 5,793 SQUARE FEET
OF OFFICE SPACE ON PROPERTY GENERALLY LOCATED AT
6 880 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 2 OF
7 THE VILLAGE REVIEW ZONE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
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APPLICANT: ELIZABETH SPECK
9 CASE NO: RP 1Q-46/CDP 10-32
10 WHEREAS, on August 3, 2011, the City of Carlsbad Planning Commission held a duly noticed
11 public hearing to consider a Major Village Review Permit RP 10-46 and Coastal Development Permit
17 CDP 10-32 for the construction of a mixed-use development project consisting of 5,029 square feet of
13 commercial/retail space and 5,793 square feet of office space on the property located at 880 Carlsbad
14 Village Drive, and adopted Planning Commission Resolutions No. 6794 and 6795 recommending to the
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City Council that Major Review Permit RP 10-46 and Coastal Development Permit CDP 10-32 be
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approved with conditions; and
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WHEREAS, the City Council of the City of Carlsbad, on the date of this resolution held a duly
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noticed public hearing to consider the recommendation of the Planning Commission and heard all
persons interested in or opposed to Major Village Review Permit RP 10-46 and Coastal Development
21 Permit CDP 10-32; and
22 WHEREAS, the recommended Planning Commission approval includes findings granting
23 participation in the Parking In-Lieu Fee Program for a maximum of nine (9) commercial parking spaces
24 and standards modifications to reduce setback requirements for the second floor and the at grade parking
25 lot; and
26 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
97z' the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
28 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
2 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.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad,
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California as follows:
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1. That the foregoing recitations are true and correct.
2. That Major Village Review Permit RP 10-46 and Coastal Development Permit CDP 10-328
are APPROVED and that the findings and conditions of the Planning Commission contained in
i Q Resolution Nos. 6794 and 6795 on file in the City Clerk's office and incorporated herein by reference are
j ] the findings and conditions of the City Council..
12 3. That the City Council of the City of Carlsbad has reviewed, analyzed and considered the
13 environmental determination for this project and any comments thereon. The City Council finds that:
14 (a) The project is consistent with the applicable general plan designation and all
15 applicable general plan policies as well as with applicable zoning designation and
regulations;
17 (b) The proposed development occurs within city limits on a project site of no more than
1 O
five acres and is substantially surrounded by urban uses;
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(c) The project site has no value as habitat for endangered, rare or threatened species;
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(d) Approval of the project would not result in any significant effects relating to traffic,
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noise, air quality, or water quality; and
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(e) The site can be adequately served by all required utilities and public services.
The City Council finds that the environmental determination reflects the independent
j , judgment of the City Council of the City of Carlsbad.
2/: 4. That this action is final the date this resolution is adopted by the City Council. The provision
27 of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply:
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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 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
of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad, California, held on the 13tb day ofSeptember 2011 by the following vote to
wit:
AYES: Council Member? Hell, Kulcbin, Blackburn, Douglas.
NOES: None.
ABSENT: Council Member Packard.
ABSTAIN:
MATT HALL, MAYOR
ATTEST
WOOD, CITY CLERK
(SEAL)
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CC RESO NO.-3-