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HomeMy WebLinkAbout2007-05-01; City Council; Resolution 2007-0961 RESOLUTION NO. 2007-096 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE 3 DECLARATION AND APPROVING A GENERAL PLAN AMENDMENT, LOCAL COASTAL PROGRAM AMENDMENT, 4 AND COASTAL DEVELOPMENT PERMIT, FOR THE DEMOLITION OF AN EXISTING HOTEL, RESTAURANT, AND 5 SINGLE FAMILY RESIDENCE, AND THE CONSTRUCTION OF A 3-STORY, 104-ROOM HOTEL PROJECT ON PROPERTY 6 LOCATED AT 3136 CARLSBAD BOULEVARD ON THE EAST SIDE OF CARLSBAD BOULEVARD BETWEEN PINE AVENUE 7 AND OAK AVENUE IN LAND USE DISTRICT 9 OF THE CARLSBAD VILLAGE REDEVELOPMENT AREA, IN THE 8 VILLAGE REDEVELOPMENT AND MELLO II SEGMENTS OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES 9 MANAGEMENT ZONE 1. 10 CASE NAME: DKN HOTEL CASE NO.: GPA 05-05/LCPA 05-027CDP 05-1411 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on March 7, 2007, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration and General Plan Amendment; Local Coastal Program14 Amendment and Coastal Development Permit and WHEREAS, the City Council of the City of Carlsbad, on the 1st day of16 May , 2007, held a duly noticed public hearing to consider said Negative Declaration and General Plan Amendment, Local Coastal Program Amendment and Coastal18 Development Permit and at that time received recommendations, objections, protests, comments of all persons interested in or opposed to the Negative Declaration and/or GPA 05- 21 057 LCPA 05-027 CDP 05-14; and 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 23 Carlsbad, California, as follows: 24 1. That the above recitations are true and correct. 25 2. That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolutions No. 6254, 6255, 6257 and 6258 on file with the City Clerk 26 and made a part hereof by reference, are the findings and conditions of the City Council. 27 3. That the application for a Negative Declaration and General Plan Amendment; Local Coastal Program Amendment, and Coastal Development Permit on property generally2.O 1 located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue is approved as shown in Planning Commission Resolutions No. 6254, 2 6255, 6257 and 6258. 3 4. That the application for a General Plan Amendment to change the Land Use designation from Residential High Density (RH) to Travel/Recreation Commercial (T-R) on a .49 4 acre property generally located at 3136 Carlsbad Boulevard on the east side of Carlsbad Boulevard between Pine Avenue and Oak Avenue as shown in Planning Commission 5 Resolution No. 6255, is hereby accepted, approved in concept, and shall be formally approved with GPA Batch No. 2 of 2007.6 7 5. That the approval of LCPA 05-02 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval o becomes effective. 9 6. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 05-02 by the California Coastal Commission. The 10 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 11 "NOTICE TO APPLICANT" 12 The time within which judicial review of this decision must be sought is 13 governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 14 Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date 15 on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an 16 amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is 17 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 18 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 19 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 28 2 \D 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 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City Council of the City of Carlsbad and the Housing and Redevelopment Commission on the 1st day of May 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Packard and Nygaard NOES: None ABSENT: Council Member Hall , Mayor ATTEST: LORRAINE M. WOOD, City Oerk (SEAL)