HomeMy WebLinkAbout2018-04-24; City Council; Resolution 2018-058RESOLUTION NO. 2018-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DENYING A MAJOR REVIEW PERMIT AND COASTAL
DEVELOPMENT PERMIT FOR 1} THE REMOVAL OF AN EXISTING RETAIL USE;
AND 2) THE CONSTRUCTION OF A 25,631 SQUARE FOOT, FOUR-STORY,
MIXED-USE BUILDING CONSISTING OF A SUBTERRANEAN PARKING
GARAGE, GROUND FLOOR RETAIL, COMMERCIAL OFFICE SPACE AND FIVE
(5) RESIDENTIAL APARTMENTS LOCATED AT 2995 STATE STREET IN LAND
USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE, THE VILLAGE SEGMENT OF
THE LOCAL COASTAL PROGRAM AND WITHIN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: CARLSBAD VILLAGE CENTER
CASE NO.: RP 16-13/CDP 16-35 (DEV16040)
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions of the Municipal Code, the Planning Commission did, on December 6, 2017, hold a duly
noticed public hearing as prescribed by law to consider Major Review Permit No. RP 16-13 and Coastal
Development Permit No. 16-35, as referenced in Planning Commission Resolution No. 7276; and the
Planning Commission adopted Planning Commission Resolution No. 7276 recommending to the City
Council that it be approved; and
WHEREAS, on February 13, 2018, no action was taken by the City Council on said Major Review
Permit and Coastal Development Permit due to a tie vote; and
WHEREAS, to resolve the tie vote and provide the applicant with an opportunity to revise the
project and return to the City Council for reconsideration, the City Council continued the public hearing
to March 27, 2018; and
WHEREAS the City Council of the City of Carlsbad held a continued public hearing on March 27,
2018, to consider revisions to said Major Review Permit and Coastal Development Permit; and
WHEREAS, at said continued public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, and considering all factors relating to the project,
the City Council voted 2-1-2 and denied Major Review Permit No. RP 16-13 and Coastal Development
Permit No. 16-35 (C. Schumacher and Blackburn-Yes; Packard-No; Hall and M. Schumacher absent).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That Major Review Permit No. 16-13 and Coastal Development Permit No. 16-35 are
hereby denied subject to the findings of the City Council contained herein.
3. This action is final the date this resolution is adopted by the City Council. The Provisions
of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply.
Findings:
Major Review Permit, RP 16-13
1. That the mixed-use project does not conform with the Village Master Plan and Design Manual,
in that the proposed four-story mixed-use development is incompatible with the surrounding
one-and two-story commercial buildings. Specifically, the design of the building is not
sufficiently broken down into smaller units with separations between structures or building
recesses to reduce the mass and scale. In addition, the building setbacks do not maintain the
small-scale character of the adjacent one-and two-story commercial development on State
Street.
2. That pursuant to Section 15270(a) of the California Environmental Quality Act (CEQA), CEQA
does not apply to projects which a public agency rejects or disapproves.
"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought 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 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 is filed with
a deposit in an amount sufficient to cover the estimated cost or 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 attorney of
record, if he 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, CA, 92008.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of April 2018, by the following vote, to wit:
AYES: K. Blackburn, C. Schumacher.
NOES: M. Packard.
ABSTAIN:
ABSENT:
M. Schumacher.
M. Hall.
(SEAL)