HomeMy WebLinkAbout2009-04-07; City Council; Resolution 2009-052EXHIBIT 1
1 RESOLUTION NO. 2009-052
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
3 PERMIT AMENDMENT AND A COASTAL DEVELOPMENT
PERMIT AMENDMENT FOR THE DEVELOPMENT OF AN 8,376
4 SQUARE FOOT STAND ALONE RESTAURANT WITH 1,085
SQUARE FEET OF OUTDOOR DINING ON PROPERTY
5 GENERALLY LOCATED ON THE WEST SIDE OF PASEO DEL
NORTE, NORTH OF AN APPROVED RETAIL COMMERCIAL
6 CENTER, SOUTH OF CAR COUNTRY DRIVE, AND EAST OF
THE INTERSTATE 5 FREEWAY, WITHIN THE MELLO II
7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND LOCAL
FACILITIES MANAGEMENT ZONE 3.
8 CASE NAME: BJ'S RESTAURANT & BREWHOUSE
CASE NO.: CUP 07-03(AVCDP 07-07(A)
9
The City Council of the City of Carlsbad, California, does hereby resolve as
10 follows:
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
12 Commission did, on February 18, 2009, hold a duly noticed public hearing as prescribed by law
1^ to consider Conditional Use Permit Amendment CUP 07-03(A) and Coastal Development
14 Permit Amendment CDP 07-07(A); and
15 WHEREAS, the City Council of the City of Carlsbad, on the 7tb day of
1" April , 2009, held a duly noticed public hearing to consider said Conditional Use
17 Permit Amendment CUP 07-03(A) and Coastal Development Permit Amendment CDP 07-
1 8 07(A), and at that time received recommendations, objections, protests, comments of all
19 persons interested in or opposed to CUP 07-03(A) and CDP 07-07(A).
20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
21 of Carlsbad as follows:
22 1. That the above recitations are true and correct.
23
2. That the recommendation of the Planning Commission for the approval of
24 a Conditional Use Permit Amendment and Coastal Development Permit Amendment are
approved, and that the findings and conditions of the Planning Commission contained in
25 Planning Commission Resolutions No. 6533 and 6534 on file with the City Clerk and
incorporated herein by reference, are the findings and conditions of the City Council.
26
3. This action is final the date this resolution is adopted by the City Council.
27 The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
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"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 7tb day of Apri 1 2009, by the following vote, to wit:
AYES:Council Member? Lewi?, Kulcbin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
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