HomeMy WebLinkAbout2012-12-04; City Council; Resolution 2012-265EXHIBIT 1
1 RESOLUTION NO. 2012-265
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
3 PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW
FOR A 2,816 SQUARE FOOT EXPANSION TO AN EXISTING
4 5,263 SQUARE FOOT COMMERCIAL BUILDING FORMERLY
OCCUPIED BY PAT & OSCARS AND THE CONSTRUCTION OF
5 A 7,261 SQUARE FOOT FREESTANDING COMMERCIAL
BUILDING ON A 1.75-ACRE PARCEL LOCATED ON THE
6 SOUTHWEST CORNER OF PALOMAR AIRPORT ROAD AND
ARMADA DRIVE, WITHIN THE MELLO II SEGMENT OF THE
7 LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 5.
8 CASE NAME: PALOMAR PLACE RETAIL CENTER
CASE NO.: CUP 12-08/CDP 12-14
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10 follows:
The City Council of the City of Carlsbad, California, does hereby resolve as
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
12 Commission did, on November 7, 2012, hold a duly noticed public hearing as prescribed by law
13 to consider Conditional Use Permit CUP 12-08 and Coastal Development Permit CDP 12-14
14 and adopted Planning Commission Resolution Nos. 6922 and 6923, recommending approval of
1^ Conditional Use Permit CUP 12-08 and Coastal Development Permit CDP 12-14; and
16 WHEREAS, the City Council of the City of Carlsbad, on the ^^h day of
1'7 December , 2012, held a duly noticed public hearing to consider adoption of a
Conditional Use Permit CUP 12-08 and Coastal Development Permit CDP 12-14; and
1^ 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
relating to the adoption of a Conditional Use Permit and Coastal Development Permit.
2^ NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
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of Carlsbad as follows:
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1. That the above recitations are true and correct.
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2. That the recommendation of the Planning Commission for the approval of
26 a Conditional Use Permit (CUP 12-08) and Coastal Development Permit (CDP 12-14) is
adopted and approved, and that the findings and conditions of the Planning Commission
27 contained in Planning Commission Resolution Nos. 6922 and 6923 on file with the City Clerk
and incorporated herein by reference, are the findings and conditions ofthe City Council.
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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 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, Carlsbad, CA. 92008."
PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe
City of Carlsbad on the 4^^" day of December, 2012, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
None.
MATT HALL, Mayor
ATTEST:
LORRAIWE M.
(SEAL)
D, City Clerk 0