HomeMy WebLinkAbout2002-01-22; City Council; Resolution 2002-0381
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RESOLUTION NO. 2002-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND APPROVING A CONDITIONAL USE
PERMIT AND COASTAL DEVELOPMENT PERMIT TO ALLOW
THE DEVELOPMENT OF A RESTAURANT ON PROPERTY
GENERALLY LOCATED AT THE WEST SIDE OF PASEO DEL
NORTE, NORTH OF PALOMAR AIRPORT ROAD AND SOUTH
OF CAR COUNTRY CARLSBAD IN LOCAL FACILITIES
MANAGEMENT ZONE 3
CASE NAME: KING‘S FISH HOUSE
CASE NO.: CUP Ol-OG/CDP 01-18
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on December 19, 2001, the Carlsbad Planning Commission held a
duly noticed public hearing to consider a proposed Negative Declaration, Conditional Use
Permit and Coastal Development Permit to allow for the development of a restaurant, and
adopted Planning Commission Resolutions No. 5100, 5101 and 5102 recommending to the City
Council that the Negative Declaration be adopted and that the Conditional Use Permit and
Coastal Development Permit be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 22nd day of
JANUARY , 2002, 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,
the Negative Declaration and approval of Conditional Use Permit 01-06 and Coastal
2. That the recommendation of the Planning Commission for the adoption of
Development Permit 01-18 are adopted and approved and that the findings and conditions of
the Planning Commission contained in Planning Commission Resolutions No. 5100, 5101, and
5102 on file with the City Clerk and incorporated herein by reference, are the findings and
conditions of the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, “Time Limits for Judicial
3. This action is final the date this resolution is adopted by the City Council.
Review” shall apply:
3.
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“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
filed in the appropriate court no later than the ninetieth day following the
Chapter 1.16. Any petition or other paper seeking judicial review must be
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 tiled
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 22nd day of JANUARY , 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ATTEST: & .WOOD, City Clerk hWd
(SEAL)
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