HomeMy WebLinkAbout2012-11-27; City Council; 21052; Gunther's Retail Denying CUP 12-02CITY OF CARLSBAD - AGENDA BILL
AB# 21.052 GUNTHER'S RETAIL
DENYING CUP 12-02
DEPT. DIRECTOR
MTG. 11/27/12
GUNTHER'S RETAIL
DENYING CUP 12-02 CITY ATTORNEY
DEPT. CA
GUNTHER'S RETAIL
DENYING CUP 12-02
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No?^''^"^^^ denying the appeal ofthe Planning Commission decision denying
the Conditional Use Permit CUP 12-02.
ITEM EXPLANATION:
This appeal came before the City Council on August 28, 2012 and was continued to the
Council's meeting of October 2, 2012. The hearing of October 2, 2012 was in turn continued to
October 23, 2012. At its meeting of October 23, 2012, the City Council heard the appeal of the
Planning Commission's denial of appellant's CUP for retail use of a portion of its on-line gift
store located at 2717 Loker Avenue in the Planned Industrial (P-M) zone. The appeal was
timely filed and the City Council heard and considered all of the evidence and arguments and
the minutes and transcript of the Planning Commission's decision denying the CUP in
accordance with Carlsbad Municipal Code section 21.54.150. After careful review of the
Planning Commission proceedings and after having considered the arguments at the hearing,
the Council denied the appeal and referred it to the City Attorney to return with documents
memorializing this decision. Those documents are attached. The Council should satisfy itself
that it properly reflects its decision.
FISCAL IMPACT:
There are no significant fiscal impacts to the City other than administrative staff costs
associated with processing of this appeal.
ENVIRONMENTAL IMPACT:
The California Environmental Quality Act (CEQA) does not apply to projects which a public
agency rejects or disapproves.
EXHIBITS:
1. Resolution No. 2012-255
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED JS[
CONTINUED •
WITHDRAWN •
AMENDED •
CONTINUED TO DATE SPECIFIC •
CONTINUED TO DATE UNKNOWN •
RETURNED TO STAFF •
OTHER - SEE MINUTES •
/
4
1 RESOLUTION NO. 2012-255
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF
^ THE PLANNING COMMISSION TO DENY THE
CONDITIONAL USE PERMIT (CUP 12-02) TO PROVIDE A
965 SQUARE FOOT RETAIL USE WITHIN AN EXISTING
5 BUILDING PROVIDING AN ON-LINE GIFT STORE
BUSINESS WITHIN THE PLANNED INDUSTRIAL ZONE
6 ON PROPERTY LOCATED AT 2717 LOKER AVENUE
WEST, SUITE B IN LOCAL FACILITIES MANAGEMENT
7 ZONE 5.
CASE NAME: GUNTHER'S RETAIL
^ CASE NO.: CUP 12-02
9
IQ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
11 Commission did, on July 3, 2012, hold a duly noticed public hearing as prescribed by
12 law to consider Conditional Use Pernnit CUP 12-02 and adopted Planning Commission
1^ Resolution No. 6891. denying Conditional Use Permit CUP 12-02; and
WHEREAS, the City Council of the City of Carlsbad, on the 28**" day of August,
24
25
26
27
2012, held a duly noticed public hearing to consider an appeal of the denial of the
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 again to October
23rd; and
15
16
17
18
19
20 WHEREAS, the City Council of the City of Carlsbad, on the 23rd day of October,
21 2012 held a duly noticed public hearing to consider an appeal of the denial of
22 Conditional Use Permit CUP 12-02; and
23 WHEREAS, at said public hearing, upon hearing and considering ali testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered
ali factors relating to the appeal of the Conditional Use Pennit denial.
NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, Califomia, as follows:
1 1. That the above recitations are true and correct.
2. The appeal of the Planning Commission decision denying Conditional Use
3 Pemiit (CUP 12-02) is denied without prejudice and appellant takes
4
12
nothing by way of appeal.
3. Appellant bears its own costs and attorney's fees in prosecuting this
^ appeal.
The findings of the Planning Commission Resolution No, 6891 are
incorporated into this decision as findings of the City Council.
"NOTICE TO APPLICANT"
6
7
8
9
10 „
The time within which judicial review of this decision must be sought is
^ 1 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
j3 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
14 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
15 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
16 the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200
Carlsbad Village Dr., Carlsbad, CA. 92008.
17
18
19
20
21
22
23
24 //
//
//
//
//
//
25 //
26 //
27
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
PASSED. APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 27th day of November. 2012. by the following vote to
wit:
AYES: Council Members Hall. Kulchin, Blackburn. Douglas
NOES: Council Member Packard
ABSENT: None
Karen R. Kundtz, Assistant City Clerk (SEAL)