HomeMy WebLinkAbout2007-07-10; Housing & Redevelopment Commission; Resolution 4412 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 441
3 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
4 APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 06-03, AND
COASTAL DEVELOPMENT PERMIT NO. CDP 06-09 FOR THE
5 CONSTRUCTION OF 2,410 SQUARE FEET OF COMERCIAL/RETAIL
SPACE, 1,670 SQUARE FEET OF RESTAURANT SPACE, 6,502
6 SQUARE FEET OF OFFICE SPACE AND TWO (2) APARTMENT UNITS
ON THE PROPERTY LOCATED AT 560 AND 562 CARLSBAD
7 VILLAGE DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD
VILLAGE REDEVELOPMENT AREA AND IN LOCAL FACILITIES
8 MANAGEMENT ZONE 1.
APPLICANT: RICHARD AND RICHARD CONSTRUCTION
9 CASE NO: RP 06-037 CDP 06-09
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WHEREAS, on March 29, 2007, the City of Carlsbad Design Review Board held a duly
12 noticed public hearing to consider a Major Redevelopment Permit (RP 06-03) and Coastal
,- Development Permit (CDP 06-09) for the construction of a mixed-use development project consisting
]4 of 2,410 square feet of retail space, 1,670 square feet of restaurant space, 6,502 square feet of office
j 5 space, and two (2) apartment units on the property located at 560 and 562 Carlsbad Village Drive, and
]6 adopted Design Review Board Resolutions No. 322 and 323 recommending to the Housing and
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] 7 Redevelopment Commission that Major Redevelopment Permit (RP 06-03) and Coastal Development
] 8 Permit (CDP 06-09) be approved; 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 06-03) and Coastal Development
22 Permit (CDP 06-09); and
23 WHEREAS, the recommended Design Review Board approval includes findings establishing
24 the Medium-High Residential (RMH) density range of 8-15 dwelling units per acre for the subject
25 property; and
26 WHEREAS, the recommended Design Review Board approval includes findings granting
27 participation in the Parking In-Lieu Fee Program for a maximum of sixty-three (63) parking spaces;
28 and
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2 WHEREAS, as a result of an environmental review of the subject project conducted pursuant
3 to the Guidelines for Implementation of the California Environmental Quality Act and the
4 Environmental Protection Ordinance of the City of Carlsbad, the project was found to be categorically
5 exempt from the requirement for preparation of environmental documents pursuant to Section 15332
6 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an
7 urbanized area that has no habitat value and is served by adequate facilities.
8 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.
11 2. That Major Redevelopment Permit (RP 06-03) and Coastal Development Permit (CDP 06-
12 09), are APPROVED and that the findings and conditions of the Design Review Board contained in
Resolutions No. 322 and No. 323, on file in the City Clerk's Office and incorporated herein by
14 reference, are the findings and conditions of the Housing and Redevelopment Commission.
3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
16 analyzed and considered the environmental determination for this project and any comments thereon.
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The Housing and Redevelopment Commission finds that:
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(a) The project is consistent with the applicable general plan designation and all
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applicable general plan policies as well as with applicable zoning designation and regulations;
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(b) The proposed development occurs within city limits on a project site of no more
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than five acres and substantially surrounded by urban uses;
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(c) The project site has no value as habitat for endangered, rare or threatened species;
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(d) Approval of the project would not result in any significant effects relating to
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traffic, noise, air quality, or water quality; and
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(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 reflects the
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independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad.
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4. That this action is final the date this resolution is adopted by the Housing and
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2 Redevelopment Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time
3 Limits for Judicial Review" shall apply:
4 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
1 ° City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
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HRC RESO NO. {-
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad on the 10th day of July, 2007, by
the following vote:
AYES: Commissioners Lewis, Kulchin and Nygaard.
NOES: None.
ABSENT: Commissioners Hall and Packard.
CLA
ATTEST:
RAYMOND R. PATCHETT,
(SEAL)
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