HomeMy WebLinkAbout2009-06-02; City Council; Resolution 2009-1051 RESOLUTION NO. 2009-105
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING A
4 CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT TO REMODEL THE EXISTING VACANT HADLEY'S
5 COMMERCIAL BUILDING INTO A 21,281 SQUARE FOOT
COMBINATION ONE-AND-TWO STORY MULTI-USE
6 COMMERCIAL BUILDING THAT WILL INCLUDE A
RESTAURANT, MUSEUM AND MEETING ROOMS ON
7 PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF
PASEO DEL NORTE AND SOUTH OF PALOMAR AIRPORT
8 ROAD, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
9 ZONE 3.
CASE NAME: GREEN DRAGON COLONIAL VILLAGE
10 CASE NO.: CUP 08-08/CDP 08-13 _
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:12
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on April 15, 2009, hold a duly noticed public hearing as prescribed by law to14
consider Conditional Use Permit (CUP 08-08) and Coastal Development Permit (CDP 08-13);
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WHEREAS, the City Council of the City of Carlsbad, on the 2nd _ day of
_ , 2009, held a duly noticed public hearing to consider said Conditional Use18
Permit and Coastal Development Permit, and at that time received recommendations,
objections, protests, comments of all persons interested in or opposed to CUP 08-08 and CDP
21 08-13.
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
23 the City of Carlsbad as follows:
24 1 . That the above recitations are true and correct.
25 2. That the recommendation of the Planning Commission for the adoption of
a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
26 approval of a Conditional Use Permit and Coastal Development Permit are adopted and
approved, and that the findings and conditions of the Planning Commission contained in
27 Planning Commission Resolutions No. 6549, 6550, and 6551 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council with the
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1 following modifications to the initial whereas statements on Planning Commission Resolutions
No. 6549, 6550, and 6551:
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3 WHEREAS, Bruce Bartlett, "Developer/Owner", has filed a verified application with
the City of Carlsbad regarding property described as
4
Parcel 1 of Parcel Map No. 6022, in the City of Carlsbad, County of San Diego,
5 State of California, filed in the Office of the County Recorder of San Diego
County, June 8, 1977 as File No. 77-224223 (APN 211-040-21 a/so known as
6 Parcel A, which is under Fee Simple ownership interest by applicant Bruce
Bartlett), and
7
That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad,
8 County of San Diego, State of California, according to map thereof No. 823,
filed in the office of the County Recorder of San Diego County, November 16,
9 1896 (APN 211-040-04 a/so known as Parcel B, which is under long-term
Leasehold interest between applicant Bruce Bartlett and the underlying
10 property owners (the Gaiser Family Trust), and
The southerly 120.00 feet (measured along the easterly line thereof) of that
portion of Lot "H" of Rancho Agua Hedionda, in the County of San Diego, State
of California, according to map thereof No. 823, filed in the Office of the County
Recorder of San Diego County, November 16, 1896 (APN 211-050-16 a/so
13 known as Parcel C, which is under long-term Leasehold interest between
applicant Bruce Bartlett and the underlying property owners (the Ray and
14 Barbara Winter Trust)
3. This conditional use permit shall expire on June 30, 2045 to coincide with
1, the expiration of the two current ground leases by Developer on Parcels B and C. An
extension to this conditional use permit may be granted by the City Council only if both of the
, 7 ground leases are also extended. Further this conditional use permit shall be amended or
terminated prior to this expiration date upon documentation to the City Council in a public
hearing that one or both of the two ground leases has been lawfully terminated by a written
statement, with duly authorized and notarized signatures of both the Lessor and the Lessee,
mutually agreeing that one or both of the leases has been lawfully terminated, or by a court
order evidencing such lawful termination.
20 4. This action is final the date this resolution is adopted by the City Council.
2i 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 review must be filed in
the appropriate court not later than the nineteenth 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 deposit in an
amount sufficient to cover the estimated cost or 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 Clerk, City of
Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the ?nri day of June 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard & Blackburn.
NOES: None.
ABSENT: None.
k. LEWIS, Mayor
ATTEST:
L(Z)RRAIpfE}M. WOOjCyCity Clerk /
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