HomeMy WebLinkAbout2015-07-14; City Council; Resolution 2015-194RESOLUTION NO. 2015-194
EXHIBIT 1
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, DENYING THE APPEAL AND UPHOLDING THE
4 DECISION OF THE PLANNING COMMISSION TO UPHOLD THE CITY
PLANNER'S DECISION TO APPROVE AN ADMINISTRATIVE REVIEW
PERMIT TO ALLOW FOR A DELICATESSEN ON PROPERTY
GENERALLY LOCATED AT 3040 CARLSBAD BOULEVARD IN LAND
USE DISTRICT 1 OF THE VILLAGE REVIEW ZONE AND WITHIN THE
7 VILLAGE SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
8 CASENAME: EL CORRAL
CASE NO.: RP 14-22
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The City Council of the City of Carlsbad, California, does hereby resolve as
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24 prescribed by law to consider an appeal of the City Planner's decision to a approve
15 Administrative Review Permit RP 14-22 EL CORRAL; and
16 WHEREAS, the Planning Commission vote resulted in a 4-0 vote (Scully,
Siekmann, Montgomery, and Segall voted yes) with Commissioner L'Heureux abstaining and
Black and Anderson absent; and
WHEREAS, the vote resulted in the denial of the appeal of the City Planner's
decision and the approval of Planning Commission Resolution 7106; and
follows:
WHEREAS, pursuant to the provisions of the Village Master Plan and Design
Manual, the Planning Commission did, on June 3, 2015, hold a duly noticed public hearing as
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22 WHEREAS, the Planning Commission determined that there was not an error or
23 abuse of discretion on the part of the City Planner in the decision to approve Administrative
24 Review Permit RP 14-22, allowing a delicatessen at 3040 Carlsbad Boulevard; and
WHEREAS, on June 15, 2015, the appellant Michael C. Hewitt, timely filed an
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appeal with the city as provided pursuant to Chapter 21.54 ofthe Carlsbad Municipal Code; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be hear, said City Council considered all factors
relatlngto the appeal.
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5 NOW THEREFORE, BE IT REOLVED by the City Council of the City of Carlsbad,
6 California as follows:
7 1. That the above recitations are true and correct
2. That the appeal is of the Planning Commission's decision is denied and that
the findings contained in Planning Commission Resolution No. 7087 on file in the City Clerk's
office and incorporated herein by reference are the findings and conditions ofthe City Council.
3. That this action is final the date this resolution is adopted by the City Council.
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23 The provision of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Umits for Judicial Review"
14 shall apply
15 "NOTICE TO APPLICANT
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The time within which judicial review of this decision must be sought is governed
27 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
18 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
19 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
22 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,
22 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the M**' day of July, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: Council Member Hall.
KEITH BLACKBURN, Mayor Pro Tem
ATTEST:
BARBARA ENGLESON, ^ Clerk
(SEAL)