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HomeMy WebLinkAbout1998-09-15; City Council; Resolution 98-309z 0 0 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 28 RESOLUTION NO. 98-309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE DEVELOPMENT PLAN NO. SDP 97-24 AND COASTAL DEVELOPMENT PERMIT 97-45 TO ALLOW THE DEMOLITION OF AN EXISTING DENNY’S RESTAURANT AND CONSTRUCTION OF AN ISLANDS RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT IN THE COASTAL ZONE AND LOCAL FACILITIES MANAGEMENT ZONE 3 CASE NAME: ISLANDS RESTAURANT CASE NO.: SDP 97-24/CDP 97-45 The City Council of the City of Carlsbad, California, does hereby resolve as ROAD EAST OF THE I-5/PALOMAR AIRPORT ROAD OFFRAMP follows: WHEREAS, on August 5, 1998 the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Site Development Plan and Coastal Development Permit for the demolition of an existing Denny’s Restaurant and construction of a single story 5,116 square foot Islands Restaurant with related site improvements on a 0.93 acre lease area, and adopted Resolutions 4338 and 4339 recommending to the City Council that the Site Development Plan and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on & I 5th day of September , 1998 held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to SDP 97-24 and CDP 97-45; and WHEREAS, the project was determined to be categorically exempt from the California Environmental Quality Act pursuant to Section 15302 of the CEQA Guidelines, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the approval of Site Development Plan 97-24 and Coastal Development Permit 97-45 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4338 and 4339 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council except as amended below by Condition 1. 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: L 1 .. 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 28 ~ 0 0 Condition: 1. The City Engineer and Fire Chief shall exercise the maximum amount of discretion during the construction of the Islands Restaurant, while the driveway access from Palomar Airport Road to Jiffy Lube and the car wash is closed, to allow temporary signs to be posted indicating that an alternate access is available from Paseo Del Norte. “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 judicial review must be filed in the appropriate court no 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 of proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter 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, California 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the lsthday of September 1998, by the following vote, to wit: AYES: Council Members Finnila, Nygaard, Kulchin & Hall NOES: None ABSENT: Council Member Lewis 4mva jzL.%& CL UDE A. LEWIS, Mayor &A FINNILA, Mayor Pro Tern ATTEST: 1 (SEAL) ~ I -2-