HomeMy WebLinkAbout1998-09-15; City Council; Resolution 98-309z 0 0
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RESOLUTION NO. 98-309
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT
PLAN NO. SDP 97-24 AND COASTAL DEVELOPMENT PERMIT
97-45 TO ALLOW THE DEMOLITION OF AN EXISTING
DENNY’S RESTAURANT AND CONSTRUCTION OF AN
ISLANDS RESTAURANT ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
IN THE COASTAL ZONE AND LOCAL FACILITIES
MANAGEMENT ZONE 3
CASE NAME: ISLANDS RESTAURANT
CASE NO.: SDP 97-24/CDP 97-45
The City Council of the City of Carlsbad, California, does hereby resolve as
ROAD EAST OF THE I-5/PALOMAR AIRPORT ROAD OFFRAMP
follows:
WHEREAS, on August 5, 1998 the Carlsbad Planning Commission held a duly
noticed public hearing to consider a proposed Site Development Plan and Coastal Development
Permit for the demolition of an existing Denny’s Restaurant and construction of a single story
5,116 square foot Islands Restaurant with related site improvements on a 0.93 acre lease area,
and adopted Resolutions 4338 and 4339 recommending to the City Council that the Site
Development Plan and Coastal Development Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad, on & I 5th day of
September , 1998 held a duly noticed public hearing to consider the recommendation
and heard all persons interested in or opposed to SDP 97-24 and CDP 97-45; and
WHEREAS, the project was determined to be categorically exempt from the
California Environmental Quality Act pursuant to Section 15302 of the CEQA Guidelines,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of
Site Development Plan 97-24 and Coastal Development Permit 97-45 is approved and that the
findings and conditions of the Planning Commission contained in Planning Commission
Resolutions No. 4338 and 4339 on file with the City Clerk and incorporated herein by reference,
are the findings and conditions of the City Council except as amended below by Condition 1.
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
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Condition:
1. The City Engineer and Fire Chief shall exercise the maximum amount of discretion
during the construction of the Islands Restaurant, while the driveway access from Palomar
Airport Road to Jiffy Lube and the car wash is closed, to allow temporary signs to be posted
indicating that an alternate access is available from Paseo Del Norte.
“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 no 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 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 latter 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 Clerk, City of Carlsbad, 1200
Carlsbad Village Drive, Carlsbad, California 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the lsthday of September 1998, by the following vote, to wit:
AYES: Council Members Finnila, Nygaard, Kulchin & Hall
NOES: None
ABSENT: Council Member Lewis
4mva jzL.%&
CL UDE A. LEWIS, Mayor &A FINNILA, Mayor Pro Tern
ATTEST:
1 (SEAL)
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