HomeMy WebLinkAbout2009-04-07; Housing & Redevelopment Commission; Resolution 4651 HOUSING AND REDEVELOPMENT COMMISSION RESOLUTION NO. 465
2 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT
3 COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AMENDMENT TO MAJOR REDEVELOPMENT
4 PERMIT NUMBER RP 06-03 AND COASTAL DEVELOPMENT
PERMIT NUMBER CDP 06-09 FOR THE CONVERSION OF A MIXED-
5 USE DEVELOPMENT PROJECT INTO 10 CONDOMINIUMS WITH 3
COMMERCIAL UNITS, 5 OFFICE UNITS, AND 2 RESIDENTIAL
6 UNITS ON THE PROPERTY LOCATED AT 560 CARLSBAD VILLAGE
DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE
V REDEVELOPMENT AREA AND IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
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APPLICANT: RICHARD AND RICHARD CONSTRUCTION
9 CASE NO: RP 06-03A/CDP 06-09A
10 WHEREAS, on January 26, 2009, the City of Carlsbad Design Review Board held a duly noticed
11 public hearing to consider a Major Redevelopment Permit Amendment (RP 06-03A), and Coastal
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Development Permit Amendment (CDP 06-09A) to convert a mixed-use development project into 10
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condominiums consisting of 3 commercial units, 5 office units, and 2 residential units on the property
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located at 560 Carlsbad Village Drive, and adopted Design Review Board Resolution Nos. 336, 337 and
338 recommending to the Housing and Redevelopment Commission that the Major Redevelopment16
17 Permit Amendment (RP 06-03A) and Coastal Development Permit Amendment (CDP 06-09A) be
i o approved with conditions; 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 Amendment (RP 06-03A) and Coastal
22 Development Permit Amendment (CDP 06-09A); and
23 WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
25 Protection Ordinance of the City of Carlsbad, the project was found to be categorically exempt from the
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requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA
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Guidelines as an in-fill development project on a site of less than five acres in an urbanized area
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that has no habitat value and is served by adequate facilities.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment
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Commission of the City of Carlsbad, California as follows:
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1. That the foregoing recitations are true and correct.
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2. That Major Redevelopment Permit Amendment (RP 06-03A) and Coastal Development6
j Permit Amendment (CDP 06-09A) are APPROVED and that the findings and conditions of the Design
g Review Board contained in Resolution Nos. 337 and 338 on file in the City Clerk's Office and
9 incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment
10 Commission except that an additional condition is added to read as follows:
11 "Utilities;
That the project CCR's shall include the requirement that the developer/owner
1^ or any subsequent owner shall retain a minimum of 51% of the real estate and
shall operate and be responsible for the property owners association which
shall be responsible for and shall pay the monthly water usage bills."
14 3. That the Housing and Redevelopment Commission of the City of Carlsbad has reviewed,
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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;
(b) The proposed development occurs within city limits on a project site of no more than
~ 1 five acres and substantially surrounded by urban uses;
22 (c) The project site has no value as habitat for endangered, rare or threatened species;
23 (d) Approval of the project would not result in any significant effects relating to traffic,
24 noise, air quality, or water quality; and
25 (e) The site can be adequately served by all required utilities and public services.
26 The Housing and Redevelopment Commission finds that the environmental determination
*•' reflects the independent judgment of the Housing and Redevelopment Commission of the City of
28 Carlsbad.
HRC RESO NO. -2-
4. That this action is final the date this resolution is adopted by the Housing and Redevelopment
2 Commission. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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NOTICE TO APPLICANT:
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"The time within which judicial review of this decision must be sought, or other exactions hereafter
7 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
11 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
12 of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008."
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HRC RESO NO. -3-
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad Housing and Redevelopment Commission and Carlsbad City Council held on
the 7th day of April, 2009, by the following vote:
AYES: Commission Members Kulchin, Hall and Blackburn.
NOES: Commission Member Lewis.
ABSENT: Commission Member Packard.
CirAODEA' LEWIS,
ATTEST:
LISA HILDABRAND, Secretary
(SEAL)
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