HomeMy WebLinkAbout2008-08-12; City Council; Resolution 2008-234EXHIBIT 1
1 RESOLUTION NO. 2008-234
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLATRATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, AND APPROVING A
4 CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT
PERMIT TO ALLOW DEVELOPMENT OF A 7,511 SQUARE
5 FOOT STAND ALONE RESTAURANT, A 44,391 SQUARE FOOT
COMMERCIAL RETAIL CENTER, AND A VACANT PAD FOR A
6 FUTURE STAND ALONE RESTAURANT ON PROPERTY
GENERALLY LOCATED NORTH OF KING'S FISH HOUSE,
7 SOUTH OF CAR COUNTRY DRIVE, EAST OF THE
INTERSTATE 5 FREEWAY, AND WEST OF PASEO DEL
8 NORTE, WITHIN THE MELLO II SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES MANAGEMENT
9 ZONE 3.
CASE NAME: CARLSBAD PASEO
10 CASE NO.: CUP 07-03/CDP 07-07
11 The City Council of the City of Carlsbad, California, does hereby resolve as
12 follows:
1^ WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
14 Commission did, on July 16, 2008, hold a duly noticed public hearing as prescribed by law to
15 consider Conditional Use Permit (CUP 07-03) and Coastal Development Permit (CDP 07-07);
16 and
17 WHEREAS, the City Council of the City of Carlsbad, on the 12tb day of
1 8 August , 2008, held a duly noticed public hearing to consider said Conditional Use
19 Permit and Coastal Development Permit, and at that time received recommendations,
20 objections, protests, comments of all persons interested in or opposed to CUP 07-03 and CDP
21 07-07.
22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of
23 the City of Carlsbad as follows:
24
1. That the above recitations are true and correct.
25
2. That the recommendation of the Planning Commission for the adoption of
26 a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and
approval of a Conditional Use Permit and Coastal Development Permit are adopted and
27 approved, and that the findings and conditions of the Planning Commission contained in
Planning Commission Resolutions No. 6435, 6436, and 6437 on file with the City Clerk and
28 incorporated herein by reference, are the findings and conditions of the City Council.
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3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
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 review must be filed in
the appropriate court not later than the nineteenth 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 the 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 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, CA. 92008."
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 12tb day of August 2008, by the following vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall and Packard.
NOES: None.
ABSENT: Council Member Nygaard.
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAIN
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