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HomeMy WebLinkAbout2006-04-25; Housing & Redevelopment Commission; Resolution 4161 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 416 2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT 3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 04-26, 4 INCLUDING PARTICIPATION IN THE PARKING IN-LIEU FEE PROGRAM FOR A MAXIMUM OF TWO PARKING SPACES, FOR THE 5 CONSTRUCTION OF A 3,326 SQUARE FOOT COMMERCIAL OFFICE 6 BUILDING ON PROPERTY LOCATED AT 955 GRAND AVENUE IN LAND USE DISTRICT 3 OF THE CARLSBAD VILLAGE 7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1. 8 APPLICANT: BART SMITH CASE NO: RP 04-26 9 WHEREAS, on February 27, 2006, the City of Carlsbad Design Review Board held a 11 duly noticed public hearing to consider a Major Redevelopment Permit (RP 04-26) for the 12 construction of a 3,326 square foot commercial office building on property located at 955 Grand 13 Avenue, and adopted Design Review Board Resolution No. 306 recommending to the Housing 1, and Redevelopment Commission that Major Redevelopment Permit (RP 04-26) be approved; 16 md 17 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on 18 the date of this resolution held a duly noticed public hearing to consider the recommendation and 1" heard all persons interested in or opposed to Major Redevelopment Permit (RP 04-26); and 20 WHEREAS, the recommended approval includes findings granting participation in the 21 Parking In-Lieu Fee Program for a maximum of two parking spaces; and 22 WHEREAS, as a result of an environmental review of the subject project conducted 23 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 26 categorically exempt from the requirement for preparation of environmental documents pursuant 27 to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less 28 than five acres in an urbanized area that has no habitat value and is served by adequate facilities. 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 2 Commission of the City of Carlsbad, California as follows: 1. That the foregoing recitations are true and correct. 4 2. That Major Redevelopment Permit (RP 04-26) is APPROVED and that the findings 5 and conditions of the Design Review Board contained in Resolution No. 306, on file in the City 6 Clerk's Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the addition of one condition to read as follows: o 9 a. The developer is required to install a garage door at the entrance of the proposed I o office building as depicted in Design Review Board Exhibit No. E dated February 27, 2006 and I1 that the door shall remain open during business hours. 12 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 14 comments thereon. The Housing and Redevelopment Commission finds that: 15 (a) The project is consistent with the applicable general plan designation and all 16 applicable general plan policies as well as with applicable zoning designation and regulations; 17 (b) The proposed development occurs within city limits on a project site of no more than 18 five acres and substantially surrounded by urban uses; 19 (c) The project site has no value as habitat for endangered, rare or threatened species; 20 (d) Approval of the project would not result in any significant effects relating to traffic, 21 noise, air quality, or water quality; and 22 (e) The site can be adequately served by all required utilities and public services. 23 The Housing and Redevelopment Commission finds that the environmental determination reflects the 24 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 25 4. That this action is final the date this resolution is adopted by the Housing and26 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, 28 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 "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 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, 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 25thday of April , 2006 by the following vote to wit: AYES: Commissioners Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None CLAUDE A. LEWIS, CHAIRMAN ATTE RAYMOND R. PATCHETT, SECRETAR \ 1970 j" ° '• f 5