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HomeMy WebLinkAbout1995-12-12; Housing & Redevelopment Commission; Resolution 2730 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. 2 7 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, REDEVELOPMENT PERMIT, AND COASTAL DEVELOPMENT PERMIT FOR THE ARMY AND NAVY ACADEMY MASTER SITE PLAN ON PROPERTY GENERALLY LOCATED ALONG THE EAST AND WEST SIDE OF CARLSBAD BOULEVARD, NORTH Of BEECH AVENUE, IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 1. CASE NAME: ARMY AND NAVY ACADEMY MASTER SITE PLAN CASE NO: RP 94-02/CDP 94-02 WHEREAS, verified applications for a Redevelopment Permit and Development Permit for certain property to wit: Lot 46 and a Portion of Lot 47 of Granville Park According to Map Thereof No. 1782, February 21, 1924; Lots 58-73, 75, 76, 94-96, 98-101, 102-130, 131, 153-170, 177-198 Inclusive of Granville Park No. 2, According to Map Thereof No. 2037, June 18, 1927; A Portion of Block 3 of Town Carlsbad, According to Map Thereof No. 755, February 15, 1894; That Portion of Block 1 and 2 of Oceanside Addition To Carlsbad, According to Map Thereof No. 893, April 8, 1903; That Portion of Lot 1, Block “A‘ of Hayes Land Company Addition to Carlsbad, According to Map Thereof No. 1221, November 4, 1909; all Filed in the Office of the County Recorder of San Diego County, and all in the City of Carlsbad, County of San Diego, State of California. has been filed with the City of Carlsbad and referred to the Design Review Boa 22 WHEREAS, the Design Review Board did on September 6, 1s 23 October 4, 1995 hold a duly noticed public hearings as prescribed by law to consi 24 25 applications for a Redevelopment Permit (RP 94-02); and Coastal Developmen (CDP 94-02); and 26 ll WHEREAS, the Design Review Board did on October 4,1995, aftel 27 28 and considering all the evidence and testimony of all people desiring to be hear Design Review Board Resolution No. 232 recommending approval of the 1 0 0 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 Declaration and Design Review Board Resolution Nos. 233, and 234 recom approval of a Redevelopment Permit, and Coastal Development Permit; and WHEREAS, on the 12th day of December , 1995, the Hou Redevelopment Commission of the City of Carlsbad held a duly noticed public h prescribed by law to consider the Board’s recommendations and all evidence, tt and argument of those persons present and desiring to be heard and apprc Negative Declaration, Redevelopment Permit, and Coastal Development Permi WHEREAS, a Negative Declaration was issued on June 16, 1 submitted to the State Clearinghouse for a 30 day review period, and no comme received during that review period. WHEREAS, the findings and conditions of the Design Revie Resolution Nos. 232, 233 and 234 approving the Negative Declaration, Redeve Permit, and Coastal Development Permit constitute the findings and conditior Housing and Redevelopment Commission; and WHEREAS, the Housing and Redevelopment Commission on the of December , 1995, approved a Negative Declaration in compliance with thc Carlsbad Environmental Protection Ordinance and the California Environmenta Act, NOW, THEREFORE, BE IT RESOLVED by the HOUSJ Redevelopment Commission of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Negative Declaration is approved and that the find conditions of the Design Review Board contained in Resolution No. 232, on file City Clerk and incorporated herein by reference, are the findings and conditio] ll 2 0 0 1 2 3 3. That the Redevelopment Permit, RP 94-02 is approved and 4 findings and conditions of the Design Review Board contained in Resolution No 5 file with the City Clerk and incorporated herein by reference, are the find] 6 conditions of the Housing and Redevelopment Commission. Housing and Redevelopment Commission. ’ I1 4. That the Coastal Development Permit, CDP 94-02 is apprc 8 9 10 1 1 conditions of the Housing and Redevelopment Commission. that the findings and conditions of the Design Review Board contained in Resolu 234, on file with the City Clerk and incorporated herein by reference, are the finc 12 5. That the Housing and Redevelopment Commission adc 13 incorporates Design Review Board Resolution Nos. 232,233, and 234 approving t and Navy Academy Master Site Plan’s Negative Declaration, Redevelopment Pel 14 15 16 94-02), and Coastal Development Permit (CDP 94-02). 17 18 1 9 Commission’s independent judgment. a) Independent Judgment: The Housing and Redevc Commission finds that the Negative Declaration reflects the Housing and Redevc 20 b) Location and Custodian of Record of Proceedings. Pursuant 21 /I Resources Code Section 21081.6(d), all the materials that constitute the admil 22 record in this proceeding are in the custody of and can be found in the offices 01 23 Clerk and the Director of Planning in the City of Carlsbad. The administrati\ 24 25 includes, but is not limited to: the Negative Declaration and all public commenb 26 received during the public review period and responses thereto, and the proceedil 27 Design Review Board and the Housing and Redevelopment Commission therec 28 II 3 0 0 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 I I 6. This action is final the date this resolution is adopted by the and Redevelopment Commission. The provision of Chapter 1.16 of the ( Municipal Code, "Time Limits for Judicial Review" shall 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 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 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 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, California 92008." which this decision becomes final; however, if within ten days .... .... .". .... .... ..I. .... .... I .... ...+ .... 4 . a e 1 PASSED, APPROVED AND ADOPTED at a regular meeting 2 EFFECTIVE DATE: This resolution shall be effective upon its ad 3 Housing and Redevelopment Commission of the City of Carlsbad, California, on 4 5 6 7 - day of December , 1995, by the following vote, to wit: AYES: Commissioners Lewis, Nygaard, Kulchin, Finn: NOES: None 8 ABSENT: None 9 ABSTAIN: None 10 11 12 ATTEST -1 6 17 18 19 20 21 22 23 24 25 26 27 28 (SEAL) It 5