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HomeMy WebLinkAbout1999-03-02; City Council; Resolution 99-76- 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 I 0 0 RESOLUTION NO. 99-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, SITE DEVELOPMENT PLAN AMENDMENT SDP 90-05(D) AND COASTAL DEVELOPMENT PERMIT CDP 98-34 TO ALLOW THE INSTALLATION OF 12 AIR CONDITIONING UNITS WITH EQUIPMENT SCREENS ON THE ROOF OF THE COSTCO STORE BUILDING LOCATED AT 951 PALOMAR AIRPORT ROAD IN LOCAL FACILITIES MANAGEMENT ZONE 5 CASE NAME: COSTCO WHOLESALE HVAC ROOF UNITS CASE NO.: SDP 90-05(D)/CDP 98-34 The City Council of the City of Carlsbad, California, does hereby r( follows: WHEREAS, on January 20, 1999, the Carlsbad Planning Commissic duly noticed public hearing to consider a proposed Mitigated Negative Declar; Mitigation Monitoring and Reporting Program, Site Development Plan Amendment ar Development Permit to allow the installation of 12 air conditioning units with equipmer on the roof of the Costco Store, and adopted Resolutions 4453, 4454, and 4455 recor to the City Council that the Mitigated Negative Declaration and Mitigation Monit Reporting Program, Site Development Plan Amendment and Coastal Development approved; and WHEREAS, the City Council of the City of Carlsbad, on 2 nd day of 2 1999, held a duly noticed public hearing to consider the recommendation and heard i interested in or opposed to SDP 90-05(D) and CDP 98-34; and WHEREAS, an Initial Study was prepared for the project and it was d that with the implementation of the required mitigation measure a Mitigated Declaration could be issued for the project, NOW THEREFORE, BE IT RESOLVED by the City Council of tt Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the recommendation of the Planning Commission for the i a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Pro( 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 36 27 28 ~ 1 0 0 Development Plan Amendment SDP 90-05(D) and Coastal Development Permit CDF approved and that the findings and conditions of the Planning Commission con Planning Commission Resolutions No. 4453, 4454 and 4455 on file with the City ( incorporated herein by reference, are the findings and conditions of the City Council. 3. This action is final the date this resolution is adopted by the Cit) The Provisions of Chapter 1 .I6 of the Carlsbad Municipal Code, “Time Limits fo Review” shall apply: “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 1 Carlsbad on the 2nd day of March 1999, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Kulchin & NOES: None ATTEST: W& L,jQ3Jdd7 ALETHA L. RAUTENKRANZ, City Clerk ~ (SEAL) -2-