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HomeMy WebLinkAbout2009-01-26; Design Review Board; Resolution 3371 DESIGN REVIEW BOARD RESOLUTION NO. 337 2 A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF 3 CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO MAJOR REDEVELOPMENT PERMIT NUMBER RP 06- 4 03 FOR THE FOR THE CONVERSION OF A MIXED-USE DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3 COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL UNITS ON THE PROPERTY 6 LOCATED AT 560 CARLSBAD VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN 7 LOCAL FACILITIES MANAGEMENT ZONE 1. CASE NAME: ROOSEVELT CENTER 8 APN: 203-292-22 9 CASE NO: RP 06-03A 10 WHEREAS, Richard and Richard Construction, "Applicant", has filed a verified 12 application with the Redevelopment Agency of the City of Carlsbad regarding property owned by 13 Tom Hurley and Richard A. Woolsley, "Owners", described as Assessor Parcel Number 203- 14 292-22, and more thoroughly described in Attachment A, ("the Property"); and WHEREAS, said application constitutes a request to amend Major Redevelopment 16 Permit RP 06-03 to allow a previously approved three-story mixed-use project to be converted 17 into 10 condominium units, as shown on Exhibits "A-C" dated January 26, 2009, on file in the18 !9 Housing and Redevelopment Department, "Roosevelt Center RP 06-03 A/CDP 06-09A/CT 08- 20 05", as provided by Chapter 21.35.080 of the Carlsbad Municipal Code; and 2 ] WHEREAS, the Design Review Board did on the 26th day of January, 2009, hold a duly 22 noticed public hearing as prescribed by law to consider said request; and 23 WHEREAS, at said public hearing, upon hearing and considering all testimony and 24 arguments, if any, of persons desiring to be heard, said Board considered all factors related to 26 "Roosevelt Center RP 06-03A/CDP 06-09A/CT 08-05" 27 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Design Review Board as 28 follows: A. That the foregoing recitations are true and correct. 2 B. That based on the evidence presented at the public hearing, the Design Review 3 Board RECOMMENDS APPROVAL of Roosevelt Center RP 06-03A, based on the following findings and subject to the following conditions:4 5 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS; 6 1. The Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, 7 and it is therefore categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an infill development project. In making this determination, the Planning Director has found 9 that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. 10 GENERAL CONDITIONS; Note: Unless otherwise specified herein, all conditions shall be satisfied prior to the issuance of building permits. 13 1. This approval is granted subject to the approval of Tentative Tract Map No. CT 08-05 and is subject to all conditions contained in Design Review Board Resolution No. 336 for this 1 c- other approval and incorporated herein by reference. 16 2. This approval is granted subject to the approval of amended Coastal Development Permit (CDP 06-09A) and is subject to all conditions contained in Design Review Board Resolution No. 338 for those other approvals incorporated herein by reference. 18 3. All conditions contained within Design Review Board Resolution No. 322 and as approved 19 by Housing and Redevelopment Commission Resolution No. 441 shall remain in full force and effect. 20 4. Conditions not satisfied in Design Review Board Resolution No. 322 as of the date of this approval shall be satisfied prior to issuance of the Certificate of Occupancy. 22 23 24 25 26 27 28 DRB RESO NO. 337 -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 NOTICE 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." You have 90 days from the 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 bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 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 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 statute of limitations has previously otherwise expired. PASSED, APPROVED, AND ADOPTED at a meeting of the Design Review Board of the City of Carlsbad, California, held on the 26th day of January, 2009 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: BAKER, LAWSON, PRIETTO, SCHUMACHER AND WHITTON NONE NONE NONE ANtHO DESIG: ATTEST: ; LAWSON, CHAIRPERSON VIEW BOARD DEBBIE FOUNTAIN HOUSING AND REDEVELOPMENT DIRECTOR DRB RESO NO. 337 -3-