HomeMy WebLinkAbout2006-05-16; Housing & Redevelopment Commission; Resolution 4151 RESOLUTION NO. 415
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING MAJOR REDEVELOPMENT
3 PERMIT NO. RP05-01 FOR THE CONSTRUCTION OF A 6,811
SQUARE FOOT TWO-UNIT APARTMENT PROJECT ON PROPERTY
4 LOCATED AT 786 GRAND AVENUE IN LAND USE DISTRICT 2 OF
THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL
5 FACILITIES MANAGEMENT ZONE 1 INCLUDING VARIANCES FOR A
FRONT AND SIDE YARD SETBACK WHICH EXCEED THE MAXIMUM
6 STANDARD RANGE.
APPLICANT: EDUARDO POSADA
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CASE NO: RP 05-01
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WHEREAS, on February 27, 2006, the City of Carlsbad Design Review Board
held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 05-01) for the
construction of a 6,811 square foot two-unit apartment project on the property located at 786
12 Grand Avenue in Land Use District 2 of the Carlsbad Village Redevelopment Area and in Local
13 Facilities Management Zone 1, and adopted Design Review Board Resolution No. 307
14 recommending to the Housing and Redevelopment Commission that Major Redevelopment
15 Permit (RP 05-01) be approved; and
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WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on
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the date of this resolution held a duly noticed public hearing to consider the recommendation
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and heard all persons interested in or opposed to Major Redevelopment Permit (RP 05-01); and
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WHEREAS, the recommended approval includes findings establishing the Medium-High
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Residential (RMH) density range of 8-15 dwelling units per acre for the subject property; and
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WHEREAS, the recommended approval includes findings granting variances for the
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front and west side yard setback which exceed the standard range; and
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WHEREAS, as a result of an environmental review of the subject project conducted
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pursuant to the Guidelines for Implementation of the California Environmental Quality Act and
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the Environmental Protection Ordinance of the City of Carlsbad, the project was found to be
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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 of28
1 less than five acres in an urbanized area that has no habitat value and is served by adequate
2 facilities.
3 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
4 Commission of the City of Carlsbad, California as follows:
1. That the foregoing recitations are true and correct.
2. That Major Redevelopment Permit (RP 05-01) is APPROVED and that the findings
and conditions of the Design Review Board contained in Resolution No. 307, 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 one condition to read as follows:
a. The project shall include fiber cement siding on approximately 50% of the
building and the sound barrier masonry wall depicted in Design Review Board Exhibit No. B
12 dated February 27, 2006 shall include a stone finish.
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
18 regulations;
19 (b) The proposed development occurs within city limits on a project site of no
20 more than five acres and substantially surrounded by urban uses;
21 (c) The project site has no value as habitat for endangered, rare or threatened
22 species;
23 (d) Approval of the project would not result in any significant effects relating to
24 traffic, noise, air quality, or water quality; and
25 (e) The site can be adequately served by all required utilities and public services.
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The Housing and Redevelopment Commission finds that the environmental determination
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1 reflects the independent judgment of the Housing and Redevelopment Commission of the City
2 of Carlsbad.
3 4. That this action is final the date this resolution is adopted by the Housing and
4 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code,
5 "Time Limits for Judicial Review" shall apply:
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7 NOTICE TO APPLICANT:
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"The time within which judicial review of this decision must be sought, or other exactions
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hereafter collectively referred to, is governed by Code of Civil Procedure, Section 1094.6, which
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has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16.
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Any petition or other paper seeking judicial review must be filed in the appropriate court not later
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than the ninetieth day following the date on which this decision becomes final; however, if within
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ten days after the decision becomes final a request for the record of the proceedings
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accompanied by the required deposit in an amount sufficient to cover the estimated cost of
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preparation of such record, the time within which such petition may be filed in court is extended
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to not later than the thirtieth day following the date on which the record is either personally
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delivered or mailed to the party, or his/her attorney of record, if he/she has one. A written
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request for the preparation of the record of the proceedings shall be filed with the City Clerk,
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City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
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PASSED, APPROVED AND ADOPTED at a special meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California, held on the 16fi day of May.
2006 by the following vote to wit:
AYES: Commissioners Hall, Kulchin, Sigafoose
NOES: Commissioner Lewis
ABSENT: Commissioner Packard
ABSTAIN: None
ATTEST:
'ATCHETT, SECRETARY
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