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HomeMy WebLinkAbout2014-05-20; City Council; Resolution 2014-0975 EXHIBIT 1 ^ CITY COUNCIL RESOLUTION NO. 2014-097 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING A TWO-YEAR RETROACTIVE EXTENSION OF REDEVELOPMENT PERMIT RP 06-01 FOR THE CONSTRUCTION 4 OF A 21,022 SQUARE FOOT, THREE-STORY, FIVE-UNIT CONDOMINIUM PROJECT ON THE PROPERTY LOCATED AT 735 LAGUNA DRIVE IN LAND USE DISTRICT 8 OF THE VILLAGE REVIEW 6 ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 INCLUDING A VARIANCE FOR A REDUCTION IN DRIVEWAY WIDTH. 7 CASE NAME: LAGUNA CONDOMINIUMS CASE NO.: RP 06-01x1 8 g WHEREAS, Zephyr Partners, "Applicant," has filed a verified application with the JO City of Carlsbad regarding property owned by Laguna Breeze Condominiums, LLC, "Owner," 11 described as ^2 Portion of Lot 46 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map Thereof No. 1722, filed in the Office of the County Recorder of 14 San Diego County, July 28,1921 13 15 ("the Property); and WHEREAS, said application constitutes a request for an extension of a Major 17 Redevelopment Permit, known as RP 06-03 for the Laguna Condominiums project originally 18 approved by the Housing and Redevelopment Commission on January 16, 2007; and 19 WHEREAS, the City Council did hold a duly noticed public hearing as prescribed 20 by law to consider said permit extension request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony and 23 arguments, if any, of persons desiring to be heard, said Council considered all factors related to 24 the extension of Major Redevelopment Permit 06-01. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council ofthe City of Carlsbad, California, as follows: A. That the foregoing recitations are true and correct. 3 25 26 27 28 1 „ B. That based on the evidence presented at the public hearing, the City Council 2 hereby APPROVES an additional two (2) year extension of Major Redevelopment Permit 06-01 for the Laguna Condominiums project, based ^ on the following findings and subject to the following conditions: 4 General and Village Master Plan and Design Manual Consistency Findings 5 1. The City Council finds that the subject project has been found to be exempt from environmental review pursuant to Section 15332 of the State CEQA Guidelines as an infill development project on a site less than five (5) acres in an urbanized area that has no habitat value and is served by adequate facilities. 14 g 2. The project remains consistent with the land use plan, development standards, design guidelines and other applicable regulations set forth within the Village Master Plan and 9 Design Manual, with approval of the findings set forth in Design Review Board Resolution No. 315 dated November 13, 2006 and approved by the Housing and 10 Redevelopment Commission on January 16, 2007. 11 Conditions: 12 1. The City Council does hereby APPROVE a two (2) year retroactive extension of Major Redevelopment Permit 06-01 for the Laguna Condominiums project to allow the 13 applicant additional time to apply for and receive approval of the building permits for the subject project, subject to the conditions set forth in Design Review Board Resolution No. 315 dated November 13, 2006 and approved by the Housing and 3^5 Redevelopment Commission on January 16, 2007. The permits shall be retroactively extended two (2) years from the date of the first permit expiration which is January 16, 16 2014. The new expiration date for the permits shall be January 15, 2016. 17 2. All conditions contained in Design Review Board Resolution No. 315 dated November 13, 2006 for RP 06-01 are incorporated herein by reference and remain in effect, except 18 for Condition No. 11 which is superseded by Condition No. 1 above. 19 NOTICE 20 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions " 21 22 23 You have 90 days from date of final approval to protest imposition of these 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 information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will 2^ bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 25 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other 25 similar application processing or service 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 27 statute of limitations has previously otherwise expired. 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: ,vx^"BWflrBARA ENGLESON,<^ty Clerk