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Home My WebLink About1993-01-12; Housing & Redevelopment Commission; 223; Fish House Vera Cruz,i /~cJ~~e-cph/ , HOUSING AND f-DEVELOPMENT COMMlSSl”1 - AGENDA BILL 0 AB#d&?iw TITLE: APPROVING A NEGATIVE DECLARATION,DEPT.HD. MTG.1/12/93 REDEVELCPMENT PERMIT, AND COASTAI DEVELOPMENT PERMIT DEPT. CA CASE NAME: FISH HOUSE VERA CRUZ Q RECOMMENDED ACTION: If the Housing and Redevelopment Commission concurs your action is adopt Housing and Redevelopment Resolution No. aj9 approving a negative declaration, redevelopment permit (RP 92-10) and coastal development permit (CDP 92-08). I ITEM EXPLANATION The Housing and Redevelopment Commission, at your meeting of January 5, 1993, directed our office to prepare a resolution approving a negative declaration, redevelopment permit (RP 92-10) and coastal development permit (CDP 92-08). That document is attached. Condition No. 27 has been deleted. Condition No. 21 has been amended to read as follows: "Parking for the building shall be provided in accordance with figures stated in the Design Review Board staff report dated December 2, 1992. This project is subject to the parking standards contained in the Zoning Ordinance. Restaurants require one (1) parking space for every 100 square feet of floor area while retail uses require one (1) space for every 300 square feet. Staff review of the floor plan indicates 2158 square feet of restaurant and 1188 square feet of retail space. Twenty six (26) spaces are to be provided for this facility by construction of a ten space lot on the site, five spaces on the adjacent lot, and the leasing of eleven space on an adjacent lot from the Carlsbad Redevelopment Agency. This lease arrangement was reviewed and approved by the City Council acting as the Housing and Redevelopment Commission at the meeting of September 8, 1992. Adequate parking will therefore be available for this proposal. Applicant shall defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability for claims or lawsuits for property damage or personal injury arising from or occurring on said leasehold parking spaces.*' A new condition has been added to read as follows: l*Priorto demolition of the barn (historic structure) the Historic Preservation. Commission shall review the project to determine-the appropriate documentation measures to mitigate the loss of the structure." The Housing and Redevelopment Commission should satisfy itself that the findings and conditions accurately reflect your intentions in the matter. I EXHIBITS Resolution No. d/9 January 20, 1993 Mr. Ron Butler 1229 Linda Vista Drive San Marcos, CA 92069 RE: Fish House Vera Cruz The Housing and Redevelopment Commission, at its meeting of January 12, 1993, adopted Resolution No. 219, approving a Negative Declaration, Redevelopment Permit, and Coastal Development Permit for Fish House Vera Cruz. Enclosed is a copy of Resolution No. 219 for your files. &w CMC Assistant ty Clerk KRK:ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 1 2 3 4 5 6 .? 8 9 10 11 12 2 % %g!" 7 &Em 13 a08 owg zluo $lg 14 9 "20 15 s;ga 0 8:&- pQ 16 asi >- 17 t 5 0 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 219 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION, REDEVELOPMENT PERMIT (RP 92-10) AND COASTAL DEVELOPMENT PERMIT (CDP 92-08) TO ALLOW THE DEMOLITION OF AN EXISTING RETAIL BUILDING AND CONSTRUCTION OF A RESTAURANT AND FISH MARKET ON PROPERTY GENERALLY LOCATED AT 417 CARLSBAD VILLAGE DRIVE. APPLICANT: FISH HOUSE VERA CRUZ CASE NO: RP 92-lO/CDP 92-08 WHEREAS, on December 2, 1992 the Carlsbad Design Review Board held a duly noticed public hearing to consider a proposed Negative Declaration, Redevelopment Permit (RP 92-10) and Coastal Development Permit (CDP 92-08) for demolition of an existing structure and construction of a restaurant and fish market and adopted Design Review Board Resolutions No. 197, 198 and 199 respectively, recommending to the Housing and. Redevelopment Commission that the Negative Declaration, Redevelopment Permit (RP 92-10) and Coastal Development Permit (CDP 92-08) be approved: and WHEREAS, the Housing and Redevelopment Commission of the City of Carlsbad, on January 5, 1993 held a public hearing to consider the recommendations and heard all persons interested in or opposed to RP 92-10 and CDP 92-08; and WHEREAS, a Negative Declaration was issued on October 22, 1992 and submitted to the State Clearinghouse for a 30 day review period. All comments received from that review period are fully incorporated into the conditions of approval for the redevelopment permit. These conditions will be reviewed through a monitoring program set up for the project. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: 1 2 3 4 5 6 7 8 9 10 11 12 the following: 18 19 20 21 22 23 24 25 26 27 28 .- 1. That the above recitations are true and correct. 2. That the negative declaration on the above referenced project is approved and that the findings of the Design Review Board in Resolution No. 197, on file with the City Clerk and incorporated herein by reference, are the findings of the Housing and Redevelopment Commission. 3. That Redevelopment Permit RP 92-10 is approved and that the findings and conditions of the Design Review Board contained in Resolution No. 198, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission with the exception of a. Delete Condition No. 27. b. Amend Condition No. 21 to read as follows: “No. 21. Parking for the building shall be provided in accordance with figures stated in the Design Review Board staff report dated December 2, 1992. This project is subject to the parking standards contained in the Zoning Ordinance. Restaurants require one (1) parking space for every 100 square feet of floor area while retail uses require one (1) space for every 300 square feet. Staff review of the floor plan indicates 2158 square feet of restaurant and 1188 square feet of retail space. Twenty six (26) spaces are to be provided for this facility by construction of a ten space lot on the site, five spaces on the adjacent lot, and the leasing of eleven space on an adjacent lot from the Carlsbad Redevelopment Agency. This lease arrangement was reviewed and approved by the City Council acting as the Housing and Redevelopment Commission at the meeting of September 8, 1992. Adequate parking will therefore be available for this proposal. Applicant shall defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability for claims or lawsuits for property damage or personal injury arising from or occurring on said leasehold parking spaces.1@ c. Add a new condition to read as follows: "Prior to demolition of the barn (historic structure) the Historic Preservation Commission shall review the project to determine the appropriate documentation measures to mitigate the loss of the structure." 2 . , 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 4. That Coastal Development Permit CDP 92-08 is approved and that the findings and conditions of the Design Review Hoard contained in Resolution No. 199, on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the Housing and Redevelopment Commission. 5. This action is final the date this resolution is adopted by the City Council. The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: "NOTICE TO APPLICANT" "The time within which judicial review of this decision must be sought 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 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City 3 1 2 3 4 5 6 7 8 9 10 11 12 9% - mWOl 327 %@ 13 18 21 23 24 25 26 27 Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.1' PASSED, APPROVED AND ADOPTED at a Regular Meeting of the Housing and Redevelopment Commission of the City of Carlsbad on the 12th day of January 1993, by the following vote, to wit: AYES: Commissioners Lewis, Stanton, Kulchin, Nygaard and Finnila NOES: None ABSENT: None /I ATTEST: 28