HomeMy WebLinkAbout2005-05-17; Housing & Redevelopment Commission; Resolution 3941
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HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 394
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
INCLUDING VARIANCES FOR REAR AND SIDE YARD
SETBACKS WHICH EXCEED THE MAXIMUM STANDARD
RANGE, FOR THE CONSTRUCTION OF A 7,128 SQUARE FOOT
LOCATED AT 507 PINE AVENUE IN LAND USE DISTRICT 5 OF
THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
APPLICANT: FRANCIS HELMUTH
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RPO4-17,
MULTI-FAMILY CONDOMINIUM ON THE PROPERTY
CASE NO: RP 04-17
WHEREAS, on March 28, 2005, the City of Carlsbad Design Review Board held a
duly noticed public hearing to consider a Major Redevelopment Permit (RP 04-17) for the
construction of a 7,128 square foot multi-family condominium on the property located at 507
Pine Avenue in Land Use District 5 of the Carlsbad Village Redevelopment Area and in Local
Facilities Management Zone 1, and adopted Design Review Board Resolution No. 297
recommending to the Housing and Redevelopment Commission that Major Redevelopment
Permit (RP 04-17) 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 04-17);
and
WHEREAS, the recommended approval includes findings establishing the High
Residential (HR) density range of 15-23 dwelling units per acre for the subject property; and
WHEREAS, the recommended approval includes findings granting variances for the
rear and side yard setbacks which exceed the standard range; 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
HRC RES0 NO. 394
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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 04-17) is APPROVED and that the
findings and conditions of the Design Review Board contained in Resolution No. 297, 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 addition of two conditions to read as
follows:
a. That the developer prepare and record a Notice that this property is subject to
noise from the railroad, among other things, in a form meeting the approval of the Housing
and Redevelopment Director and that this Notice shall be placed in all sales and/or rental
offices associated with the new development.
b. That the developer shall mitigate the noise with the use of dual pane windows,
landscaping and/or other appropriate measures to attenuate the noise to an acceptable level to
the satisfaction of the Housing and Redevelopment Director.
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. 394
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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:
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
Ill
Ill
Ill
Ill
Ill
Ill
Ill
Ill
HRC RES0 NO. 394
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either personally delivered or mailed to the party, or hisher attorney of record, if hehhe 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
day of Redevelopment Commission of the City of Carlsbad, California, held on the 17
May ,2005 by the following vote to wit:
AYES: Commissioners Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Commissioners Lewis and Hall
ABSTAIN: None
MATT HALL, Vice-chairman
ATTEST:
RAQ@ND R. P’ATCHETT, SECRETARY
HRC RES0 NO. 394
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