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HomeMy WebLinkAbout2006-11-21; Housing & Redevelopment Commission; Resolution 4311 2 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 431 3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, 4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP06-02 FOR THE CONSTRUCTION OF A MIXED-USE DEVELOPMENT PROJECT 5 CONSISTING OF FOUR (4) APARTMENT UNITS AND 2,170 SQUARE FEET OF COMMERCIAL (RETAIL/OFFICE) SPACE ON THE 6 PROPERTY LOCATED AT 3135 & 3147 ROOSEVELT STREET IN LAND USE DISTRICT 5 OF THE CARLSBAD VILLAGE 7 REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1 AND APPROVING A PARKING-IN-LIEU FEE 8 PROGRAM PARTICIPATION AGREEMENT BETWEEN THE COMMISSION & ROOSEVELT PLAZA, LLC. 9 APPLICANT: PATRICK M. NORMAN CASE NO: RP 06-02 10 1' WHEREAS, on September 25, 2006, the City of Carlsbad Design Review Board held a duly noticed public hearing to consider a Major Redevelopment Permit (RP 06-02) for the construction of mixed-use development project consisting of four (4) apartment units and 2,170 square feet of 14 commercial (retail/office) space on the property located at3135&3147 Roosevelt Street, and adopted 15 Design Review Board Resolutions No. 314 recommending to the Housing and Redevelopment 16 Commission that Major Redevelopment Permit (RP 06-02) be approved; and 17 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date 18 of this resolution held a duly noticed public hearing to consider the recommendation and heard all 19 persons interested in or opposed to Major Redevelopment Permit (RP 06-02); and 20 WHEREAS, the recommended Design Review Board approval includes findings establishing 21 the High Residential (RH) density range of 15-23 dwelling units per acre for the subject property; and 22 WHEREAS, the recommended Design Review Board approval includes findings granting 23 participation in the Parking In-Lieu Fee Program for a maximum of three (3) parking spaces; and 24 WHEREAS, as a condition of approval of Major Redevelopment Permit 06-02, the 25 Commission and Property Owner agreed to enter into an agreement to allow the Property Owner to 26 participate in the Village Redevelopment Parking In-Lieu Fee Program to satisfy a portion of the on- 27 site parking requirement for the subject project; and 28 HRC RESO NO. PAGEl 1 2 WHEREAS, the Property Owners have agreed, by acceptance of the project conditions of 3 approval, to pay the established Parking In-Lieu Fee for a total of three (3) parking spaces to satisfy a 4 portion of the on-site parking requirement for the approved mixed-use project located at 3135 & 3147 5 Roosevelt Street within the Village Redevelopment Area of the City; and 6 WHEREAS, the Commission finds that the subject property and project has qualified to 7 participate in the Carlsbad Redevelopment Agency's Parking In-Lieu Fee Program and participation in 8 the program will satisfy a maximum of three (3) of the required parking spaces for the subject mixed- 9 use project on the noted property at 3135 & 3147 Roosevelt Street; and 1" WHEREAS, the Commission has determined that the proposed project is consistent with the 1' goals and objectives of the Village Master Plan and Design Manual; and i *?l* WHEREAS, the Commission has determined that there is adequate public parking available within the Village Redevelopment Area to accommodate a portion of the subject project's parking demands; and WHEREAS, the Parking In-Lieu Fee Program is in full force and effect as of the date of this Parking In-Lieu Fee Participation Agreement; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant 18 to the Guidelines for Implementation of the California Environmental Quality Act and the 19 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically 20 exempt from the requirement for preparation of environmental documents pursuant to Section 15332 21 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an 22 urbanized area that has no habitat value and is served by adequate facilities. 23 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment 24 Commission of the City of Carlsbad, California as follows: 25 1. That the foregoing recitations are true and correct. 26 2. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed, 27 analyzed and considered the environmental determination for this project and any 28 HRC RESO NO. PAGE 2 1 2 comments thereon. 3 3. The Housing and Redevelopment Commission finds that: 4 (a) The project is consistent with the applicable general plan designation and all 5 applicable general plan policies as well as with applicable zoning designation and regulations; 6 (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. 14 4. That Major Redevelopment Permit (RP 06-02) is APPROVED and that the findings and conditions of the Design Review Board contained in Resolution No. 314, on file in the City Clerk's 16 Office and incorporated herein by reference, are the findings and conditions of the Housing and 17 Redevelopment Commission; and 18 5. That this action is final the date this resolution is adopted by the Housing and 19 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time 20 Limits for Judicial Review" shall apply. 21 NOTICE TO APPLICANT: 22 "The time within which judicial review of this decision must be sought, or other exactions hereafter 23 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 24 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 25 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 26 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 27 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." 28 HRC RESO NO. PAGES 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 21st day of November, 2006, by the following vote: AYES: Commission Members Lewis, Kulchin, Packard, Sigafoose NOES: None ABSENT: Commission Member Hall PATCHETT, Secretary