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HomeMy WebLinkAbout2000-07-25; City Council; Resolution 2000-245I . 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 n RESOLUTION NO. 2000-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE DECLARATION, CONDITIONAL USE PERMIT, AND COASTAL DEVELOPMENT PERMIT TO ALLOW A RESTAURANT ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF PALOMAR AIRPORT ROAD AND ARMADA DRIVE IN LOCAL FACILITIES MANAGEMENT ZONE 5. CASE NAME: OSCAR’S CARLSBAD CASE NO.: CUP 99-28/CDP 99-55 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on June 21, 2000, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Negative Declaration, Site Development Plan Amendment, Conditional Use Permit, and Coastal Development Permit to allow for the development of a 5,250 square foot restaurant with an 1,800 square foot outdoor dining area, and adopted Planning Commission Resolution No. 4781 approving the Site Development Plan Amendment and Planning Commission Resolutions No. 4780, 4782, and 4783 recommending to the City Council that the Negative Declaration, Conditional Use Permit, and Coastal Development Permit be approved; and WHEREAS, the City Council of the City of Carlsbad, on the 25th day of July I 2000, held a duly noticed public hearing to consider the recommendation and heard all persons interested in or opposed to the Negative Declaration, Conditional Use Permit, and Coastal Development Permit; and 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 the recommendation of the Planning Commission for the approval of the Negative Declaration, Conditional Use Permit 99-28, and Coastal Development Permit 99- 55 is approved and that the findings and conditions of the Planning Commission contained in Planning Commission Resolutions No. 4780, 4782 and 4783 on file with the City Clerk and incorporated herein by reference, are the findings and conditions of the City Council. 3 i . 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 3. This action is final the date this resolution is adopted by the City Council. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial Review” shall apply: I “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 judicial review must be filed in the appropriate court no 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 of proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not latter 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, California 92008.” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 25th day of July , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard, and Kulchin NOES: None ABSENT: 7 None fi ATTEST: / INE M. WOOD, City Clerk (SEAL) -2-