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HomeMy WebLinkAbout1998-10-20; City Council; Resolution 98-3474 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. 98-347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, SITE DEVELOPMENT PLAN NO. SDP 98-06, AND COASTAL DEVELOPMENT PERMIT 98-33 TO ALLOW THE DEVELOPMENT OF AN AUTOMOBILE DEALERSHIP ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF CAR COUNTRY DRIVE IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: HOEHN MOTORS MERCEDES BENZ CASE NO.: SDP 98-061CDP 98-33 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on September 16, 1998 the Carlsbad Planning Commission held a duly noticed public hearing to consider a Negative Declaration, Site Development Plan, and Coastal Development Permit for the development of an approximately 49,500 square foot automobile dealership on a 5.84 acre site, and adopted Resolutions No. 4369, 4370, and 4371 recommending to the City Council that the Negative Declaration, Site Development Plan, and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on 20 th day of October , 1998 held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Negative Declaration, SDP 98-06, and CDP 98-33; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I 1. That the above recitations are true and correct. 23 incorporated herein by reference, are the findings and conditions of the City Council. 25 Planning Commission Resolutions No. 4369, 4370, and 4371 on file with the City Clerk and is approved and that the findings and conditions of the Planning Commission contained in 24 the Negative Declaration, Site Development Plan 98-06 and Coastal Development Permit 98-33 2. That the recommendation of the Planning Commission for the approval of 26 3. This action is final the date this resolution is adopted by the City Council. 27 28 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: 3 .t 0 0 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 “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 .I 6. 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 20 day of October 1998, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Kulchin and Hall NOES: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk i (SEAL) 26 27 28 ll -2- 4‘