HomeMy WebLinkAbout2013-09-10; City Council; Resolution 2013-227EXHIBIT 1
1 RESOLUTION NO. 2013-227
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CAUFORNIA, RECOMMENDING APPROVAL OF MAJOR REVIEW
PERMIT RP 12-31 AND COASTAL DEVELOPMENT PERMIT CDP 12-
4 28 TO ALLOW FOR THE DEMOLITION OF ALL EXISTING
STRUCTURES ON-SITE AND THE CONSTRUCTION OF A 6,637
5 GROSS SQUARE FOOT RESTAURANT AND MICROBREWERY WITH A
DEVELOPMENT STANDARDS MODIFCATION ON PROPERTY
GENERALLY LOCATED AT 3056 CARLSBAD BOULEVARD IN LAND
7 USE DISTRICT 9 OF THE VILLAGE REVIEW ZONE AND IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
8 CASE NAME: BLUEWATER
CASE NO.: RP 12-31/CDP 12-28
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The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
j3 Commission did, on July 17, 2013, hold a duly noticed public hearing as prescribed by law to
14 consider a Major Review Permit RP 12-31 and Coastal Development Permit CDP 12-28 and
15 adopted Planning Commission Resolution Nos. 7001 and 7002, recommending approval of
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2Q Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, the project was
21 found to be categorically exempt from the requirement for preparation of environmental
22 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 adequate facilities.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Major Review Permit RP 12-31 and Coastal Development Permit CDP 12-28; and
WHEREAS, as a result of an environmental review of the subject project
conducted pursuant to the Guidelines for Implementation of the California Environmental
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27 California as follows:
28 1. That the above recitations are true and correct
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2 2. That Major Review Permit RP 12-31 and Coastal Development Permit CDP
12-28 are approved and that the findings and conditions ofthe Planning Commission contained
3 in Resolutions No. 7001 and 7002 on file in the City Clerk's office and incorporated herein by
reference are the findings and conditions ofthe City Council.
3. That this action is final the date this resolution is adopted by the City
Council. The provision of Chapter 1.16 ofthe Carlsbad Municipal Code, "Time Limits for Judicial
5 Review" shall apply:
7 "NOTICE TO APPUCANT"
The time within which judicial review ofthis decision must be sought is governed
g 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
10 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
11 a request for the record is filed with a deposit in an amount sufficient to cover the estimated
j2 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
13 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,
14 City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 10**^ day of September, 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, GHy Clerk