HomeMy WebLinkAbout2004-07-13; Housing & Redevelopment Commission; Resolution 3871
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO 387
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION
OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING A FIVE (5) YEAR
TIME EXTENSION TO SEPTEMBER 26,2009 OF MAJOR REDEVELOPMENT
IN THE VILLAGE REDEVELOPMENT AREA AND AN AMENDMENT TO
THE SUMMER HOURS OF OPERATION AND PERMITTED ACTIVITIES.
APPLICANT: CARLSBAD VILLAGE BUSINESS ASSOCIATION
PERMIT NO. RP 94-05(A)X2 FOR THE WEEKLY FARMER’S MARKET HELD
CASE NO: RP 94-05(A)X2
WHEREAS, on June 2 1, 2004, the City of Carlsbad Design Review Board held a duly noticed
public hearing to consider an amendment to a Major Redevelopment Permit{ RP 94-05(A)X2}
application to extend the permit for the Farmer’s Market for a period of five (5) years and to amend the
hours of operation and permitted activities for the event during the summer months, and adopted Design
Review Board Resolution No. 293 recoinmending to the Housing and Redevelopment Commission that
the amendment to Major Redevelopment Permit RP 94-05(A)X2 be approved with conditions; 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 an amendment to Major Redevelopment Permit RP 94-05(A)X2: 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 1530 1 of the State CEQA
Guidelines as the continuation of an existing use.
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 an amendment to Major Redevelopment Permit RP 94-05(A)X2 is APPROVED and
that the findings and conditions of the Design Review Board contained in Resolution No. 293, on file in
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the City Clerk’s Office and incorporated herein by reference, are the findings and conditions of the
Housing and Redevelopment Commission except that two (2) booths for tlie selling of hand made arts
and crafts are allowed during all hours of operation of this permit.
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;
(b) The proposed development is the continuation of an existing use;
(c) The project site has no value as habitat for endangered, rare or threatened species;
(d) Approval of tlie 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 tlie 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:
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 lias 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 filial; 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 liis/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, Carlsbad, California, 92008.”
HRC RES0 NO. -182 -2-
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PASSED, APPROVED, AND ADOPTED at a special
Redevelopment Commission of the City of Carlsbad, California, held a
,2004 by the following vote to wit:
AYES:Comissioners Lewis, Kulchin and Hall
NOES: None
ABSENT: Commissioners Finnila and Pdkard
meeting of the Housing
the 13th day of=
ATTEST: hn
(SEAL)
HRC RES0 NO. 387 -3-