HomeMy WebLinkAbout2008-07-15; Housing & Redevelopment Commission; Resolution 455Exhibit 1
1 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO.455
2
A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING MAJOR REDEVELOPMENT PERMIT NO. RP 07-14,
4 COASTAL DEVELOPMENT PERMIT NO. CDP 07-25, AND
TENTATIVE TRACT MAP NO. CT 07-11 FOR THE CONSTRUCTION
5 OF A MIXED-USE DEVELOPMENT PROJECT CONSISTING OF 39
HOTEL ROOMS, TWELVE (12) CONDOMINIUM UNITS AND 2,815
6 SQUARE FEET OF RESTAURANT SPACE ON THE PROPERTY
LOCATED AT 3100 AND 3150 OCEAN STREET IN LAND USE
7 DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT
AREA AND IN LOCAL FACILITIES MANAGEMENT ZONE 1
8
APPLICANT: KB CARLSBAD INVESTORS, LLC
9
CASE NO: RP 07-147 CDP 07-257 CT 07-1110
11 WHEREAS, on June 2, 2008, the City of Carlsbad Design Review Board held a duly noticed
12 public hearing to consider a Major Redevelopment Permit (RP 07-14), Coastal Development Permit
13 (CDP 07-25), and Tentative Tract Map (CT 07-11) for the construction of mixed-use development project
consisting of 39 hotel rooms, 12 condominiums and 2,815 square feet of restaurant space on the property
located at 3100 and 3150 Ocean Street, and adopted Design Review Board Resolutions No. 328, 329, and
330 recommending to the Housing and Redevelopment Commission that Major Redevelopment Permit
17 (RP 07-14), Coastal Development Permit (CDP 07-25), and Tentative Tract Map (CT 07-11) be
approved; and
19 WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on the date of
20 this resolution held a duly noticed public hearing to consider the recommendation and heard all persons
21 interested in or opposed to Major Redevelopment Permit (RP 07-14), Coastal Development Permit (CDP
22 07-25), and Tentative Tract Map (CT 07-11); and
23 WHEREAS, the recommended Design Review Board approval includes findings establishing the
24 High (RH) residential density range of 15-23 dwelling units per acre for the subject property; and
25 WHEREAS, the recommended approval includes findings granting variances for the north and
26 south side yard setback which exceed the standard range; and
27
28
1 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
2 the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
3 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
4 requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA
5 Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has
6 no habitat value and is served by adequate facilities.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
8 Commission of the City of Carlsbad, California as follows:
" 1. That the foregoing recitations are true and correct.
2. That Major Redevelopment Permit (RP 07-14), Coastal Development Permit (CDP 07-25),
and Tentative Tract Map (CT 07-11) are APPROVED and that the findings and conditions of the Design
12 Review Board contained in Resolutions No. 328, 329, and 330, on file in the City Clerk's Office and
13 incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment
14 Commission with the additional condition that a sign program directing vehicles to use the underground
parking provided on the site be approved to the satisfaction of the Housing and Redevelopment Director.
16 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
17 analyzed and considered the environmental determination for this project and any comments thereon.
18 The Housing and Redevelopment Commission finds that:
19 (a) The project is consistent with the applicable general plan designation and all
20
applicable general plan policies as well as with applicable zoning designation and regulations;
21
(b) The proposed development occurs within city limits on a project site of no more than
22
five acres and substantially surrounded by urban uses;
23
(c) The project site has no value as habitat for endangered, rare or threatened species;
24
(d) Approval of the project would not result in any significant effects relating to traffic,
25
noise, air quality, or water quality; and
26
(e) The site can be adequately served by all required utilities and public services.
27
28
1 The Housing and Redevelopment Commission finds that the environmental determination reflects the
2 independent judgment of the Housing and Redevelopment Commission of the City of Carlsbad.
3 4. That this action is final the date this resolution is adopted by the Housing and Redevelopment
4 Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
5 Review" shall apply:
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2 NOTICE TO APPLICANT:
3 "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
4 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
5 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
6 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
8 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
9
PASSED, APPROVED, AND ADOPTED at a Regular meeting of the Housing and
10
Redevelopment Commission of the City of Carlsbad, California, held on thel^tb day of July
11
2008 by the following vote to wit:
12
AYES: Commission Members Lewis, Kulcbin, Hall and Nygaard.
13
NOES: None.
14
ABSENT: Commission Member Packard.
15
ABSTAIN: None.
16 "
17
18
19 ATTEST:
20
2 ] ttfSA HILDABRAND, SECRETARY
22
23 ||/£STABUSHED'\||
24 111 1970 -f« =
25
26
27
28
PAGE 4