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Home My WebLink About1993-01-12; Housing & Redevelopment Commission; Resolution 219ll 0 0 1 2 3 4 5 6 7 a 9 10 11 12 n mu? <B I?? crnh 408 uw&j dU, aoa< m>dF dtSU 9008 sis&j 02'0 nuqo 002 Low a01 cy$ 00 - ~ 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 219 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION, DEVELOPMENT PERMIT (CDP 92-08) TO ALLOW THE DEMOLITION OF AN EXISTING RETAIL BUILDING AND CONSTRUCTION OF A RESTAURANT AND FISH MARKET ON PROPERTY GENERALLY LOCATED AT 417 CARLSBAD VILLAGE DRIVE. APPLICANT: FISH HOUSE VERA CRUZ CASE NO: RP 92-10/CDP 92-08 REDEVELOPMENT PERMIT (RP 02-18) AND C!OABrPAL WHEREAS, on December 2, 1992 the Carlsbad Desig Board held a duly noticed public hearing to consider a Negative Declaration, Redevelopment Permit (RP 92-10) and Development Permit (CDP 92-08) for demolition of an structure and construction of a restaurant and fish mal adopted Design Review Board Resolutions No. 197, 198 respectively, recommending to the Housing and, Redev Cornmission that the Negative Declaration, Redevelopment Pe 92-10) and Coastal Development Permit (CDP 92-08) be appro WHEREAS, the Housing and Redevelopment Cornmissic City of Carlsbad, on January 5, 1993 held a public he; consider the recommendations and heard all persons interest opposed to RP 92-10 and CDP 92-08; and WHEREAS, a Negative Declaration was issued on Oct 1992 and submitted to the State Clearinghouse for a 30 da period. All comments received from that review period a incorporated into the conditions of approval for the redev permit. These conditions will be reviewed through a mo program set up for the project. NOW, THEREFORE, BE IT RESOLVED by the HouE Redevelopment Commission of the City of Carlsbad, Califo follows: 1 2 3 4 5 6 7 8 9 10 11 12 om m> &us &E& 13 a08 iUC3 ow2 4044 14 m>jf kbFs gOou 15 a<Sz ZEz: 16 zwcn 0 E:: CY$ 17 aoJ 00 - 18 19 20 21 22 23 24 25 26 27 28 e e 1. That the above recitations are true and cor 2. That the negative declaration on the above re project is approved and that the findings of the Desigi Board in Resolution No. 197, on file with the City C: incorporated herein by reference, are the findings of the and Redevelopment Commission. 3. That Redevelopment Permit RP 92-10 is appr that the findings and conditions of the Design Revit contained in Resolution No. 198, on file with the City C incorporated herein by reference, are the findings and cc of the Housing and Redevelopment Commission with the exce the following: a. Delete Condition No. 27. b. Amend Condition No. 21 to read as foll "No. 21. Parking for the building shall be prc accordance with figures stated in the Design Review Boa report dated December 2, 1992. This project is subjec parking standards contained in the Zoning Ordinance. Res require one (1) parking space for every 100 square feet area while retail uses require one (1) space for every 3C feet. Staff review of the floor plan indicates 2158 squarc restaurant and 1188 square feet of retail space. Twenty spaces are to be provided for this facility by construct ten space lot on the site, five spaces on the adjacent lot leasing of eleven space on an adjacent lot from the Redevelopment Agency. This lease arrangement was revi approved by the City Council acting as the Hous Redevelopment Commission at the meeting of September Adequate parking will therefore be available for this 1 Applicant shall defend, indemnify and hold harmless the ( officers, employees and agents from any and all liabi claims or lawsuits for property damage or personal injuq from or occurring on said leasehold parking spaces." c. Add a new condition to read as follow: "Prior to demolition of the barn (historic struc Historic Preservation Commission shall review the pr determine the appropriate documentation measures to mit: loss of the structure.11 2 1 2 3 4 5 6 7 8 9 10 11 - 12 *> sug $am an8 uwg $055 crk>g SLEa OZJO KK50 t25 kc3 ALL, tJZ 9 OnL I qi F:? aoA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 0 0 4. That Coastal Development Permit CDP 92-08 is i and that the findings and conditions of the Design Revic contained in Resolution No. 199, on file with the City C: incorporated herein by reference, are the findings and COI of the Housing and Redevelopment Commission. 5. This action is final the date this resol1 adopted by the City Council. The provision of Chapter 1.1 Carlsbad Municipal Code, "Time Limits for Judicial Revie1 apply: "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 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, 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 the time within which such petition may be 3 I I1 * 0 1 2 3 4 5 6 7 a 9 10 11 om $Zch aoS: ow% $WE sys 2t;g m> iU, S;$z OOLL 0210 Uuan oodg Eom >2q 60 Zwv) <=J Clerk, City of Carlsbad, 1200 Carlsbad VillagE Carlsbad, California 92008.vv PASSED, APPROVED AND ADOPTED at a Regular Meetin Housing and Redevelopment Commission of the City of Carlsba 12th day of January 1993, by the following vote, to wit: AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard ar NOES: None I ABSENT : None I ATTEST: 18 19 20 21 22 23 24 25 26 27 28 17 4 I1