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HomeMy WebLinkAbout2013-03-12; City Council; Resolution 2013-059EXHIBIT 1 1 RESOLUTION NO. 2013-059 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A MAJOR REVIEW 3 PERMIT RP 12-28 TO ALLOW FOR THE CONSTRUCTION OF A FOUR UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT 4 ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NORTH STATE STREET, BETWEEN BEECH AVENUE AND 5 LAGUNA DRIVE (2685 STATE STREET) IN LAND USE DISTRICT 4 OF THE VILLAGE REVIEW ZONE AND IN LOCAL 6 FACILITIES MANAGEMENT ZONE 1. CASE NAME: RAILYARD LOFTS 7 CASE NO.: RP 12-28 10 11 12 13 14 15 16 17 8 The City Council of the City of Carisbad, California, does hereby resolve as 9 II WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on January 30, 2013, hold a duly noficed public hearing as prescribed by law to consider a Major Review Permit RP 12-28 and adopted Planning Commission Resolufion No.6942, recommending approval of Major Review Permit RP 12-28; and WHEREAS, as a result of an environmental review of the subject project conducted pursuant to the Guidelines for Implementafion of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carisbad, the project was found to be categorically exempt from the requirement for preparation of environmental documents pursuant to Section 15332 of the State CEQA Guidelines as an in-fill development project on a site of less than five acres in an urbanized area that has no habitat value and is served by 20 adequate facilities. 21 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of 22 Carisbad, California as follows: 23 1 • That the above recitations are true and correct. 24 2. That Major Review Permit RP 12-28 is approved and that the findings and condifions of the Planning Commission contained in Resolution No. 6942 on file in the City 25 Clerk's office and incorporated herein by reference are the findings and conditions of the City Council. 26 3. That this action is final the date this resolution is adopted by the City 27 Council. The provision of Chapter 1.16 of the Carisbad Municipal Code, "Time Limits for Judicial Review" shall apply: 28 3 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Secfion 1094.6, which has been made applicable in the City of Carlsbad by 3 Carisbad 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 4 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 5 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 6 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 7 Carisbad, 1200 Carisbad Village Drive, Carisbad, CA. 92008. 8 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 9 Carisbad on the l2tti day of March 2013, by the following vote, to wit: 10 AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas. 11 NOES: None. 12 ABSENT: None. 13 14 15 16 MATT HALL, ATTE 18 19 20 21 22 City Clerk O" (SEAL) 23 '"/lml^^^' 24 25 26 27 28 •2-