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HomeMy WebLinkAbout1996-04-09; Housing & Redevelopment Commission; Resolution 276I 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 0 a HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 276 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MAJOR REDEVELOPMENT PERMIT (RP 95-02) AND A COASTAL DEVELOPMENT PERMIT (CDP 95-02) TO ALLOW FOR A CHANGE IN LAND USE AND THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING AND RELATED SITE IMPROVEMENTS TO PERMIT A RETAIL VIDEO STORE ON PROPERTY LOCATED AT 660 CARLSBAD VILLAGE DRIVE IN SUBAREA 1 OF THE VILLAGE REDEVELOPMENT AREA. CASE NAME: BLOCKBUSTER VIDEO, INC. APN: 203-304-26 CASE NO: RP 95-02/CDP 95-02 WHEREAS, on November 1, 1995, the Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 95-02) and Coastal Development Permit (CDP 95-02) for a change in land use and construction of a new commercial building to permit a retail video store at 660 Carlsbad Village Drive and adopted Design Review Board Resolutions No. 241 and 242 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 95-02) and Coastal Development Permit (CDP 95-02) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on December 12, 1995 held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to Major Redevelopment Permit (RP 95-02) and Coastal Development Permit (CDP 95-02); and .... .... .... i 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 20 HRC Resolution No. 276 Page 2 WHEREAS, the Housing and Redevelopment Commission did on December 12, 1995 deny the applications for Major Redevelopment Permit (RP 95-02) and Coastal Development Permit (CDP 95-02) without prejudice and instructed the applicant to revise plans, specifications and renderings for the proposed project to provide €or more architectural relief and then return to the Commission for further consideration; and WHEREAS, the applicant for Major Redevelopment Permit (RP 95-02) and Coastal Development Permit (CDP 95-02) did revise plans, specifications and renderings to provide €or more architectural relief and did resubmit these documents to the Housing and Redevelopment Commission for further consideration; and WHEREAS, the Housing and Redevelopment Commission did hold a public hearing on April 9, 1996 to consider the revised plans, specifications and renderings for Major Redevelopment Permit (95-02) and Coastal Development Permit (CDP 95-02), as submitted by the applicant, and to consider the recommendations and hear all persons interested in or opposed to the subject permits; and .... 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 HRC Resolution No. 276 Page 3 WHEREAS, as result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, a Negative Declaration was issued for the subject project by the Planning Department on September 19, 1995 and approved by Design Review Board Resolution No. 240 on November 1, 1995. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and Redevelopment Commission as follows: 1. 2. 3. That the foregoing recitations are true and correct . The Major Redevelopment (RP 95-02) and Coastal Development (CDP 95-02) Permits are approved - as shown on the Exhibits "A" - "C" as presented to the Housing and Redevelopment Commission on the date of this resolution and on file in the Housing and Redevelopment Department and incorporated herein by this reference. Development shall occur substantially as shown on the approved exhibits. Any proposed development substantially different from this approval shall require an amendment to this approval. The Major Redevelopment (RP 95-02) and Coastal Development (CDP 95-02) Permits are approved as indicated in Paragraph No. 2 above and subject to conditions set forth in Design Review Board Resolution Nos. 241 and 242 approved on November 1, 1995 and with the following additional condition: "The color of the building shall be changed from white to a more neutral, earth tone color which is compatible with surrounding buildings. The final color for the building shall be approved by the Housing and Redevelopment Director." 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -25 .- .- .-:"- -' 26 -.. " " - " " 5 1 c7. .- - -_ 28 -. .- . - HRC Resolution No. 276 Page 4 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment Commission, The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply : "NOTICE TO APPLICANT" "This 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, 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. '' P "SED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 9th day of April, 1996 by the following vote to wit: AYES : Commissioners Lewis, Nygaard, Kulchin, Hall, NOES : None ABSENT : None ABSTAIN: None and Finnila -