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HomeMy WebLinkAbout2000-08-01; Housing & Redevelopment Commission; Resolution 3311 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 331 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT (RP 99-11) FOR A 106-SUITE “EXTENDED STAY” HOTEL, INCLUDING VARIANCES TO EXCEED THE MAXIMUM BUILDING HEIGHT AND EXCEED THE MAXIMUM BUILDING SETBACKS, ON PROPERTY LOCATED IMMEDIATELY WEST OF INTERSTATE 5 BETWEEN THE TERMINUS OF GRAND AVENUE AND THE TERMINUS OF LAGUNA DRIVE IN LAND USE DISTRICT 3 OF THE VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES ZONE 1. APPLICANT: CARLSBAD VILLAGE SUITES, LLC CASE NO: RP 99-l 1 WHEREAS, on June 26, 2000, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 99- 11) for construction of a 106-suite “extended stay” hotel on property located immediately west of Interstate 5 between the terminus of Grand Avenue and the terminus of Laguna Drive, and adopted Design Review Board Resolutions No. 274 and 275 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP 99-l 1) be approved; and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of this resolution held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to Major Redevelopment Permit (RP 99-11); and WHEREAS, the recommended approval includes findings granting variances for the front, side, and rear yard setbacks which exceed the standard range; and WHEREAS, the recommended approval includes findings granting a variance for an increase in maximum building height from 35’-0” to 40’-5”; 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 Mitigated Negative Declaration was issued for the subject project by the Planning Department on April 24, 2000 and recommended for approval along with the Mitigation Monitoring and Reporting Program by Design Review Board HRC RESO NO. 331 PAGE 1 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 h Resolution No. 274 on June 26,200O. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 2. That Major Redevelopment Permit (RP 99-11) is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 275 on file in the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the added condition that the wall generally located along Hope Avenue between Laguna and Grand Avenues be constructed as soon as practicable and no later than the actual commencement of construction of any buildings. 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, analyzed and considered the Mitigated Negative Declaration (RP 99-l l), the environmental impacts therein identified for this project and any comments thereon. The Housing and Redevelopment Commission fmds there is no substantial evidence that the project will have a significant effect on the environment and hereby approves the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. The Housing and Redevelopment Commission finds that the Mitigated Negative Declaration (RP 99-11) reflects the independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 4. That the City Council, acting as the Housing and Redevelopment Commission, hereby grants a waiver from the moratorium on the issuance of building permits per NS-516 for the subject project based on the following findings: a. The subject project is located in an area where all public improvements, including curb, gutter, and sidewalk are highly desirable and necessary for the enhancement of a pedestrian-oriented environment; b. The project is required to construct public improvements along that portion of the property fronting Laguna Drive and Grand Avenue and the required improvements HRC RESO NO. 331 PAGE 2 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2s 27 will not he incompatible with the neighborhood; and c. The applicant agrees to construct the subject improvements. 5. 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: II NOTICE TO APPLICANT: “The time within which judicial review of this decision must be sought, or other exactions hereafter collectively referred to, 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/her attorney of record, if he/she 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, Car&bad, California, 92008.” PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the Ist day of August , 2000 by the following vote to wit: AYES: Commissioners Hall, Finnila, Nygaard and Kulchin. NOES: Commissioner Lewis. ABSENT: None. ABSTAIN: None. HRC Rl?SO NO. 331 PAGE 3