HomeMy WebLinkAbout2007-05-01; City Council; Resolution 2007-0961 RESOLUTION NO. 2007-096
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
3 DECLARATION AND APPROVING A GENERAL PLAN
AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT,
4 AND COASTAL DEVELOPMENT PERMIT, FOR THE
DEMOLITION OF AN EXISTING HOTEL, RESTAURANT, AND
5 SINGLE FAMILY RESIDENCE, AND THE CONSTRUCTION OF
A 3-STORY, 104-ROOM HOTEL PROJECT ON PROPERTY
6 LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST
SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE
7 AND OAK AVENUE IN LAND USE DISTRICT 9 OF THE
CARLSBAD VILLAGE REDEVELOPMENT AREA, IN THE
8 VILLAGE REDEVELOPMENT AND MELLO II SEGMENTS OF
THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
9 MANAGEMENT ZONE 1.
10 CASE NAME: DKN HOTEL
CASE NO.: GPA 05-05/LCPA 05-027CDP 05-1411
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on March 7, 2007, hold a duly noticed public hearing as prescribed by law to
consider a Negative Declaration and General Plan Amendment; Local Coastal Program14
Amendment and Coastal Development Permit and
WHEREAS, the City Council of the City of Carlsbad, on the 1st day of16
May , 2007, held a duly noticed public hearing to consider said Negative
Declaration and General Plan Amendment, Local Coastal Program Amendment and Coastal18
Development Permit and at that time received recommendations, objections, protests,
comments of all persons interested in or opposed to the Negative Declaration and/or GPA 05-
21 057 LCPA 05-027 CDP 05-14; and
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
23 Carlsbad, California, as follows:
24 1. That the above recitations are true and correct.
25 2. That the findings and conditions of the Planning Commission as set forth in
Planning Commission Resolutions No. 6254, 6255, 6257 and 6258 on file with the City Clerk
26 and made a part hereof by reference, are the findings and conditions of the City Council.
27 3. That the application for a Negative Declaration and General Plan Amendment;
Local Coastal Program Amendment, and Coastal Development Permit on property generally2.O
1 located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine
Avenue and Oak Avenue is approved as shown in Planning Commission Resolutions No. 6254,
2 6255, 6257 and 6258.
3 4. That the application for a General Plan Amendment to change the Land Use
designation from Residential High Density (RH) to Travel/Recreation Commercial (T-R) on a .49
4 acre property generally located at 3136 Carlsbad Boulevard on the east side of Carlsbad
Boulevard between Pine Avenue and Oak Avenue as shown in Planning Commission
5 Resolution No. 6255, is hereby accepted, approved in concept, and shall be formally approved
with GPA Batch No. 2 of 2007.6
7 5. That the approval of LCPA 05-02 shall not become effective until it is approved
by the California Coastal Commission and the California Coastal Commission's approval
o becomes effective.
9 6. This action is final the date this resolution is adopted by the City Council and is
subject to the approval of the LCPA 05-02 by the California Coastal Commission. The
10 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
11
"NOTICE TO APPLICANT"
12
The time within which judicial review of this decision must be sought is
13 governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
14 Chapter 1.16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
15 on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the deposit in an
16 amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
17 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
18 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
19 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council of the City of Carlsbad and the Housing and Redevelopment Commission on
the 1st day of May 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard
NOES: None
ABSENT: Council Member Hall
, Mayor
ATTEST:
LORRAINE M. WOOD, City Oerk
(SEAL)