HomeMy WebLinkAbout2012-10-23; City Council; Resolution 2012-202EXHIBIT 1
1 RESOLUTION NO. 2012-202
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND
3 UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO DENY CONDITIONAL USE PERMIT CUP 12-
4 02 TO ALLOW FOR A 965 SQUARE FOOT RETAIL USE WITHIN
AN EXISTING BUILDING HOUSING AN ON-LINE GIFT STORE
5 BUSINESS WITHIN THE PLANNED INDUSTRIAL ZONE ON
PROPERTY LOCATED AT 2717 LOKER AVENUE WEST, SUITE
6 B, IN LOCAL FACILITIES MANAGEMENT ZONE 5.
CASE NAME: GUNTHER'S RETAIL
7 CASE NO.: CUP 12-02
8 The City Council of the City of Carisbad, California, does hereby resolve as
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follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on July 3, 2012, hold a duly noticed public hearing as prescribed by law to
consider Conditional Use Permit CUP 12-02 and adopted Planning Commission Resolution No.
6891, denying Conditional Use Permit CUP 12-02; and
WHEREAS, the City Council of the City of Carfsbad, on the 28th day of August,
2012, held a duly noticed public hearing to consider an appeal of the denial of Conditional Use
Permit CUP 12-02, received a presentation from city staff, took public testimony, and continued
the public hearing to October 2, 2012; and
WHEREAS, the City Council of the City of Carfsbad, on the 2nd day of October,
2012, held a continued duly noticed public hearing to consider an appeal of the denial of
Conditional Use Permit CUP 12-02; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
2^ relating to the appeal of a Conditional Use Permit denial.
24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
25 of Carfsbad as follows:
26 1. That the above recitations are true and correct
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2. That the City Council denies the appeal and upholds the decision of the Planning
Commission to deny Conditional Use Permit CUP 12-02, and that the findings of the Planning
Commission contained in Planning Commission Resolution No. 6891 on file with the City Clerk
and incorporated herein by reference, are the findings and conditions of the City Council.
"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 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 is filed with a 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, Carisbad, CA. 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carisbad on the 23'^ day of October, 2012, by the following vote to wit:
AYES: Council Members Hall, Kulchin and Packard.
NOES: Council Members Blackburn and Douglas.
ABSENT: None.
l°^sWm^^ LORRAffJE M. V\ LORRAfNE M. WOOD, City Clerk
(SEAL)