Loading...
HomeMy WebLinkAbout2012-10-23; City Council; Resolution 2012-202EXHIBIT 1 1 RESOLUTION NO. 2012-202 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING AN APPEAL AND 3 UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT CUP 12- 4 02 TO ALLOW FOR A 965 SQUARE FOOT RETAIL USE WITHIN AN EXISTING BUILDING HOUSING AN ON-LINE GIFT STORE 5 BUSINESS WITHIN THE PLANNED INDUSTRIAL ZONE ON PROPERTY LOCATED AT 2717 LOKER AVENUE WEST, SUITE 6 B, IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: GUNTHER'S RETAIL 7 CASE NO.: CUP 12-02 8 The City Council of the City of Carisbad, California, does hereby resolve as 9 10 11 12 13 14 15 16 17 18 19 20 21 22 follows: WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on July 3, 2012, hold a duly noticed public hearing as prescribed by law to consider Conditional Use Permit CUP 12-02 and adopted Planning Commission Resolution No. 6891, denying Conditional Use Permit CUP 12-02; and WHEREAS, the City Council of the City of Carfsbad, on the 28th day of August, 2012, held a duly noticed public hearing to consider an appeal of the denial of Conditional Use Permit CUP 12-02, received a presentation from city staff, took public testimony, and continued the public hearing to October 2, 2012; and WHEREAS, the City Council of the City of Carfsbad, on the 2nd day of October, 2012, held a continued duly noticed public hearing to consider an appeal of the denial of Conditional Use Permit CUP 12-02; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 2^ relating to the appeal of a Conditional Use Permit denial. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City 25 of Carfsbad as follows: 26 1. That the above recitations are true and correct 27 28 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 2. That the City Council denies the appeal and upholds the decision of the Planning Commission to deny Conditional Use Permit CUP 12-02, and that the findings of the Planning Commission contained in Planning Commission Resolution No. 6891 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. "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 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 is filed with a 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, Carisbad, CA. 92008." PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the 23'^ day of October, 2012, by the following vote to wit: AYES: Council Members Hall, Kulchin and Packard. NOES: Council Members Blackburn and Douglas. ABSENT: None. l°^sWm^^ LORRAffJE M. V\ LORRAfNE M. WOOD, City Clerk (SEAL)