HomeMy WebLinkAbout2003-04-01; Housing & Redevelopment Commission; Resolution 3641
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 364
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
INCLUDING A VARIANCE FOR A REAR YARD SETBACK
WHICH EXCEEDS THE MAXI" STANDARD RANGE, A
VARIANCE FOR A PORTION OF THE ROOF TO EXCEED THE
MAXIMUM HEIGHT LIMIT, AND PARTICIPATION IN THE
PARKING SPACES, FOR THE CONSTRUCTION OF A 10,490
SQUARE FOOT COMMERCIAL OFFICE BUILDING ON
PROPERTY LOCATED AT 2815 JEFFERSON STREET IN LAND
USE DISTRICT 7 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
APPLICANT: KENT JESSEE OFFICE BUILDING
CASE NO: RP 02-02
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP02-02,
PARKING IN-LIEU FEE PROGRAM FOR A MAXIMUM OF FOUR
WHEREAS, on February 24, 2003,' the City of Carlsbad Design Review Board held a
duly noticed public hearing to consider a Major Redevelopment Permit (RP 02-02) for the
construction of a 10,490 square foot office building on property located at 2815 Jefferson
Street, and adopted Design Review Board Resolution No. 291 recommending to the Housing
and Redevelopment Commission that Major Redevelopment Permit (RP 02-02) 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 02-02);
and
WHEREAS, the recommended approval includes findings granting a variance for the
rear yard setback which exceeds the standard range; and
WHEREAS, the recommended approval includes findings granting a variance to
increase the maximum height of the proposed structure from 35 feet to 38 feet 6 inches for a
HRC RES0 NO.
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portion of the roof; and
WHEREAS, the recommended approval includes findings granting participation in the
Parking In-Lieu Fee Program for a maximum .of four parking spaces; 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, the project was found to
be categorically exempt from the requirement for preparation of environmental documents
pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a
site of less than five acres in an urbanized area that has no habitat value and is served by
adequate facilities. !
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 02-02) is APPROVED and that the
findings and conditions of the Design Review Board contained in Resolution No. 291, on file
in the City Clerk’s Office and incorporated herein by reference, are the findings and conditions
of the Housing and Redevelopment Commission.
3. That the Housing and Redevelopment Commission of the City of Carlsbad has
reviewed, analyzed and considered the environmental determination for this project and any
comments thereon. The Housing and Redevelopment Commission finds that:
(a) The project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations;
HRC RES0 NO. 364
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(b) The proposed development occurs within city limits on a project site of no
more than five acres and substantially surrounded by urban uses;
(c) The project site has no value as habitat for endangered, rare or threatened
species;
(d) Approval of the project would not result in any significant effects relating to
traffic, noise, air quality, or water quality; and
(e) The site can be adequately served by all required utilities and public
services.
The Housing and Redevelopment Commission finds that the environmental determination
reflects the independent judgment of the Housing and Redevelopment Commission of the City
of Carlsbad.
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:
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HRC RES0 NO. 364
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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 seelung 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 hisher 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, Carlsbad, 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-day of APRIL,
2003 by the following vote to wit:
AYES: Commissioners Lewis, Finnila, Kulchin, Hall
NOES: None
ABSENT: None
15, CHAIRMAN
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