HomeMy WebLinkAbout2008-05-20; Housing & Redevelopment Commission; Resolution 4521 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 452
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A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING
A REQUEST FOR A TWO YEAR EXTENSION OF COASTAL
4 DEVELOPMENT PERMIT NUMBER RP 04-30 FOR THE CONSTRUCTION
5 OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF SIX (6)
CONDOMINIUM UNITS AND 1,913 SQUARE FEET OF RETAIL SPACE ON
6 THE PROPERTY LOCATED AT 3112 LINCOLN STREET IN LAND USE
DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA
7 AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: LINCOLN AND OAK MIXED-USE
9 APN: 203-260-14 & 203-260-15
CASE NO: CDP 04-30x1
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WHEREAS, Robert Richardson, "Applicant", has filed a verified application with the
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Redevelopment Agency of the City of Carlsbad regarding property owned by Russell Lee
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Bennett, "Owner", described as Assessor Parcel Number 203-260-14 & 203-260-15, and more14
i c thoroughly described in Attachment A, ("the Property"); and
16 WHEREAS, said application constitutes a request for an extension of a Coastal
17 Development Permit, known as RP 04-30 for the Lincoln and Oak Mixed-Use Project originally
18 approved by the Housing and Redevelopment Commission on March 28, 2006; and
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WHEREAS, the Housing and Redevelopment Commission did hold a duly noticed public
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hearing as prescribed by law to consider said permit extension request; and
22 WHEREAS, at said public hearing, upon hearing and considering all testimony and
23 arguments, if any, of persons desiring to be heard, said Board considered all factors related to the
24 extension of Coastal Development Permit 04-30.
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1 NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Housing and
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Redevelopment Commission as follows:
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A. That the foregoing recitations are true and correct.
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B. That based on the evidence presented at the public hearing, Housing and
Redevelopment Commission hereby APPROVES an additional two (2) year
6 extension of Coastal Development Permit 04-30 for the Lincoln and Oak Mixed-
Use project, based on the following findings and subject to the following
conditions:
8 GENERAL AND REDEVELOPMENT PLAN CONSISTENCY FINDINGS:
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1. The Housing & Redevelopment Commission finds that the subject project has been found to
10 be exempt from environmental review pursuant to Section 15332 of the State CEQA
Guidelines as an infill development project on a site less than 5 acres in an urbanized area
that has no habitat value and is served by adequate facilities.
12 2. The project remains consistent with the land use plan, development standards, design
13 guidelines and other applicable regulations set forth within the Village Redevelopment Plan
and Village Master Plan and Design Guidelines, with approval of the findings set forth in
14 Design Review Board Resolution No. 303 dated February 23, 2006 and approved by the
Housing and Redevelopment Commission on March 28, 2006.
16 CONDITIONS:
17 1. The Housing and Redevelopment Commission does hereby APPROVE a two (2) year
extension of Coastal Development Permit 04-23 for the Lincoln and Oak Mixed-Use project
to allow the applicant additional time to apply for and receive approval of the building
permits for the subject project, subject to the conditions set forth in Design Review Board
Resolution No. 303 dated February 23, 2006 and approved by the Housing and
20 Redevelopment Commission on March 28, 2006. The permit shall be extended two (2) years
from the date of the first permit expiration which is March 28, 2008. The new expiration
2! date for the permit shall be March 28, 2010.
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1 NOTICE
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3 Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions."
You have 90 days from the date of final approval to protest imposition of these fees/exactions. If
6 you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
10 DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
,2 NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and
Redevelopment Commission of the City of Carlsbad, California held on the 20- day of
May. 2008, by the following vote:
AYES: Commission Members Lewis, Kulchin and Packard.
NOES: None.
ABSENT: Commission Members Hall and
'o/ESTABLISHED \|s
tn :
HILDABRAND, Secretary
\ 1970 J§; (SEAL)
ATTACHMENT"A"
LEGAL DESCRIPTION
APN 203-260-14 & 203-260-15
Real property in the City of Carlsbad, County of San Diego, State of California,
described as follows:
PARCEL 1: (APN: 203-260-14)
PARCEL 1 OF PARCEL MAP NO. 11077, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10,
1981.
PARCEL 1: (APN: 203-260-15)
PARCEL 2 OF PARCEL MAP NO. 11077, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10,
1981.