HomeMy WebLinkAbout2013-04-30; City Council; Resolution 2013-091The City Council of the City of Carlsbad, California, does hereby resolve as
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1 RESOLUTION NO. 2013-091
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
3 PERMIT AMENDMENT TO ALLOW FOR THE CONVERSION OF
1,000 SQUARE FEET OF RETAIL SPACE TO FOOD SERVICE
4 IN AN EXISTING 3,000 SQUARE FOOT BUILDING AND TO
ALLOW THE ADDITION OF A 700 SQUARE FOOT OUTDOOR
5 DINING PATIO, LOCATED WITHIN THE POINSETTIA VILLAGE
SHOPPING CENTER, ON THE EAST SIDE OF AVENIDA
6 ENCINAS BETWEEN POINSETTIA LANE AND LOGANBERRY
DRIVE IN THE MELLO I SEGMENT OF THE LOCAL COASTAL
7 PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE
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8 CASE NAME: POINSETTIA VILLAGE PAD 4
CASE NO.: CUP 04-28(A)
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10 follows:
11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
12 Commission did, on March 20, 2013, hold a duly noticed public hearing as prescribed by law to
1^ consider Conditional Use Permit Amendment No. CUP 04-28(A); and
14 WHEREAS, the City Council of the City of Carlsbad, on the 30th day of
1^ April , 2013, held a duly noticed public hearing to consider said Conditional Use
Permit Amendment; 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
relating to the adoption of a Conditional Use Permit Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
1. That the above recitations are true and correct.
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2. That the recommendation of the Planning Commission for the approval of
24 a Conditional Use Permit Amendment is adopted and approved, and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No. 6946
25 on file with the City Clerk and incorporated herein by reference, are the findings and conditions
of the City Council.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 30*^ day of April, 2013, by the following vote to wit:
1 "NOTICE TO APPLICANT"
2 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
4 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
7 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
g proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad
Village Drive, Carlsbad, CA. 92008.
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13 AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas.
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15 NOES: None.
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17 ABSENT: None.
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22 ATTEST
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MATT HALL, Mayor
(SB^P'