HomeMy WebLinkAbout2005-07-12; City Council; Resolution 2005-2231
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RESOLUTION NO. 2005-223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CON D IT10 NAL
USE PERMIT TO ALLOW THE CONSTRUCTION AND
OPERATION OF A 3,000 SQUARE FOOT COMMERCIAL
BUILDING CONTAINING 1,000 SQUARE FEET OF RETAIL
SPACE AND 2,000 SQUARE FEET OF FOOD SERVICE
SPACE LOCATED WITHIN THE POINSETTIA VILLAGE
SHOPPING CENTER, ON THE EAST SIDE OF AVENIDA
ENCINAS BETWEEN POINSETTIA LANE AND
LOGANBERRY DRIVE IN LOCAL FACILITIES
MANAGEMENT ZONE 9.
CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CUP 04-28
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on June 1, 2005, hold a duly noticed public hearing as prescribed by law to
consider a Conditional Use Permit; and
WHEREAS, the City Council of the City of Carlsbad, on the 12th day of
July , 2005, held a duly noticed public hearing to consider a Conditional Use
Permit, and at the time received recommendations, objections, protests, comments of all
persons interested in or opposed to CUP 04-28; and
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 City Council approves Conditional Use Permit, CUP 04-28 and
that the findings and conditions of the Planning Commission as set forth in Planning
Commission Resolution No. 5905, on file with the City Clerk and made a part hereof by
reference, are the findings and conditions of the City Council.
3. That the application for a Conditional Use Permit for a 3,000 square foot
commercial building containing 1,000 square feet of retail space and 2,000 square feet of food
service space located on the east side of Avenida Encinas, between Poinsettia Lane and
Loganberry Drive, is approved as shown in Planning Commission Resolution No. 5905.
4. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
Review” shall apply:
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“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 12th day of July , 2005, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
CLAUDEYAY LEWIS: MaVr -”
ATTEST:
(SEAL)
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