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HomeMy WebLinkAbout2006-08-15; Housing & Redevelopment Commission; Resolution 4241 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 424 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP05-10, COASTAL DEVELOPMENT PERMIT NO. CDP05-42, AND TENTATIVE 5 TRACT MAP NO. CT05-20 FOR THE CONSTRUCTION OF A MIXED- USE DEVELOPMENT PROJECT CONSISTING OF SIX (6) 6 CONDOMINKM UNITS AND 1,875 SQUARE FEET OF COMMERCIAL/RETAIL SPACE ON THE PROPERTY LOCATED AT 7 3044 STATE STREET IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES 8 MANAGEMENT ZONE 1. APPLICANT: KARNAK PLANNING & DESIGN 9 CASE NO: RP 05-10/ CDP 05-427 CT 05-20 10 WHEREAS, on June 26, 2006, the City of Carlsbad Design Review Board held a duly noticed .» public hearing to consider a Major Redevelopment Permit (RP 05-10), Coastal Development Permit ,., (CDP 05-42), and Tentative Tract Map (CT 05-20) for the construction of mixed-use development 14 project consisting of six (6) condominium units and 1,875 square feet of retail space on the property j5 located at 3044 State Street, and adopted Design Review Board Resolutions No. 309, 310, and 311 j 5 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit (RP ] 7 05-10), Coastal Development Permit (CDP 05-42), and Tentative Tract Map (CT 05-20) be approved; 18 and 19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date 20 of this resolution held a duly noticed public hearing to consider the recommendation and heard all 21 persons interested in or opposed to Major Redevelopment Permit (RP 05-10), Coastal Development 22 Permit (CDP 05-42), and Tentative Tract Map (CT 05-20); and 23 WHEREAS, the recommended Design Review Board approval includes findings establishing 24 the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 25 WHEREAS, the recommended Design Review Board approval includes findings granting 26 participation in the Parking In-Lieu Fee Program for a maximum of six (6) parking spaces; and 27 WHEREAS, as a result of an environmental review of the subject project conducted pursuant 28 to the Guidelines for Implementation of the California Environmental Quality Act and the HRC RESO NO. PAGE 1 1 2 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically 3 exempt from the requirement for preparation of environmental documents pursuant to Section 15332 4 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 5 urbanized area that has no habitat value and is served by adequate facilities. 6 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment ' Commission of the City of Carlsbad, California as follows: o 1. That the foregoing recitations are true and correct. 9 2. That Major Redevelopment Permit (RP 05-10), Coastal Development Permit (CDP 05-42), 10 and Tentative Tract Map (CT 05-20) are APPROVED and that the findings and conditions of the Design Review Board contained in Resolutions No. 309, 310, and 311, on file in the City Clerk's 12 Office and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 14 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 15 analyzed and considered the environmental determination for this project and any comments thereon. 16 The Housing and Redevelopment Commission finds that: 17 (a) The project is consistent with the applicable general plan designation and all 18 applicable general plan policies as well as with applicable zoning designation and regulations; 19 (b) The proposed development occurs within city limits on a project site of no more 20 than five acres and substantially surrounded by urban uses; 21 (c) The project site has no value as habitat for endangered, rare or threatened species; 22 (d) Approval of the project would not result in any significant effects relating to 23 traffic, noise, air quality, or water quality; and 24 (e) The site can be adequately served by all required utilities and public services. 25 The Housing and Redevelopment Commission finds that the environmental determination reflects the 26 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad. 27 4. That this action is final the date this resolution is adopted by the Housing and 28 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time HRC RESO NO. PAGE 2 ; 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 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 Regular meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 15th day ofAugust . 2006 by the following vote to wit: AYES: Commissioners Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Commissioner Hall ABSTAIN: None AN ATTEST: RXYlvtOND R. PATCHETT, SECRETARY ^\ 197° ''',, *'••• "'< A°c*.-x HRC RESO NO. PAGES