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HomeMy WebLinkAbout1998-06-02; Housing & Redevelopment Commission; Resolution 295T ‘ .” 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. -285 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA REMANDING VARIANCES FOR THE JOIN HANDS YOUTH FACILITY PROJECT ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF ROOSEVELT STREET, BETWEEN PINE AND WALNUT, IN LAND USE DISTRICT 5 OF THE VILLAGE REDEVELOPMENT AREA. A MAJOR REDEVELOPMENT PERMIT (RP 97-03) INCLUDING APPLICANT: JOIN HANDS SAVE-A-LIFE YOUTH FACILITY APN: 204-081-08,09, 10 CASE NO:, RP 97-03 WHEREAS, on November 24, 1997, the Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 97-03) for construction of a new youth facility on property located on the west side of Roosevelt Street, between Pine and Walnut; and WHEREAS, said hearing was continued for further consideration to January 26,1998; and WHEREAS, the hearing of January 26, 1998 was continued for further consideration to February 23, 1998, and the Design Review Board adopted Design Review Board Resolution No. 260, recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 97-03) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on May 12, 1998 held a duly noticed public hearing to consider the recommendations and heard all persons interested in or opposed to Major Redevelopment Permit RP 97-03; and WHEREAS, as a 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 by the Planning Director on September 19, I997 and recommended for approval by the Design Review Board Resolution No. 259 on January 26,1998 and February 23,1998, NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the project as presented, Major Redevelopment Permit (RP 97-03), is too large and occupies too much of the buildable space. It requires the approval of too many variances the findings for which are not supported by the evidence as presented at the hearings. There are not adequate financial assurances that the project can be implemented and sustained in the long-term so that it remains a benefit to the Redevelopment Area. Therefore, the Housing and Redevelopment Commission remands Major Redevelopment Permit (RP 97-03) for redesign and reconsideration at a future public hearing. 3. That the applicant is directed to return with revised plans presenting a smaller facility for consideration. 4. That the Housing and Redevelopment Commission will retain jurisdiction to review, consider and approve as appropriate, a redesigned, smaller project which is ordered to be considered for review on an expedited basis as soon as practically feasible. 5. This action is final the date this resolution is adopted by the Housing and Redevelopment Commission. The provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be 0 0 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." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 2nd day of June 1998, by the following vote, to wit: AYES: Commissioners Lewis, Finnila, Nygaard and Kulchin NOES: None ABSENT: None ABSTAIN: Commissioner Hall ATTEST: h" FhYMOND R. PATCHETT, Secretary 3