HomeMy WebLinkAbout2016-01-26; City Council; Resolution 2016-0191
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follows:
EXHIBIT 1
RESOLUTION NO. 2016-019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A MAJOR REVIEW PERMIT
AMENDMENT AND COASTAL DEVELOPMENT PERMIT
AMENDMENT TO ALLOW THE ADDITION OF 2,049 SQUARE FEET
OF INTERIOR RESTAURANT SPACE AND A 1,202 SQUARE FOOT
OUTDOOR DINING AREA TO AN EXISTING 3,346 SQUARE FOOT
RESTAURANT AND PARTICIPATION IN THE PARKING IN-LIEU FEE
PROGRAM FOR 21 PARKING SPACES ON PROPERTY LOCATED AT
417 CARLSBAD VILLAGE DRIVE, AND LOCATED WITHIN LAND USE
DISTRICT 1, CARLSBAD VILLAGE CENTER, OF THE VILLAGE REVIEW
(V-R) ZONE AND IN LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: BLUEWATER GRILL
CASE NO.: RP 92-10(A)/CDP 92-08(A)
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on December 16, 2015, hold a duly noticed public hearing as prescribed by law
to consider Major Review Permit Amendment RP 92-10(A) and Coastal Development Permit
CDP 92-08{A) and adopted Planning Commission Resolution No. 7135, recommending approval
of Major Review Permit Amendment RP 92-10(A) and Coastal Development Permit CDP 92-
08(A); and
WHEREAS, as a result of an environmental review of the subject project
conducted pursuant to the Guidelines for Implementation of the California Environmental
Quality Act and the Environmental Protection Ordinance of the City of Carlsbad, 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 adequate facilities.
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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
2. That Major Review Permit Amendment RP 92-lO(A) and Coastal
Development Permit CDP 92-08(A) are approved and that the findings and conditions of the
Planning Commission contained in Resolution No. 7135 on file in the City Clerk's office and
incorporated herein by reference are the findings and conditions of the City Council.
That this action is final the date this resolution is adopted by the City Council.
The provision of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
"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, Carlsbad, CA, 92008.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the day 26th day of January, 2016, by the following vote to wit:
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AYES: Council Members Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: Council Member Hall.
RRAINE WOOD, Mayor Pro Tern
ATTEST:
{SEAL)