HomeMy WebLinkAbout2004-07-20; City Council; Resolution 2004-2371
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RESOLUTION NO. 2004-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
EXISTING HOTEL INTO 7 TIMESHARE UNITS ON PROPERTY
GENERALLY LOCATED AT 2805 OCEAN STREET WITHIN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME: SEASHORE ON THE SAND
PERMIT (CUP 02-30) TO ALLOW THE CONVERSION OF AN
CASE NO.: CUP 02-30
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
Commission did, on June 2, 2004 and June 16, 2004, hold duly noticed public hearings as
prescribed by law to consider a Conditional Use Permit (CUP 02-30); and
WHEREAS, the City Council of the City of Carlsbad, on the 20th day of
Julv , 2004, held a duly noticed public hearing to consider the Conditional Use
Permit (CUP 02-30), and at the time received recommendations, objections, protests,
comments of all persons interested in or opposed to CUP 02-30; 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
Conditional Use Permit (CUP 02-30) is approved by the City Council with this amendment that
the approval is for a maximum of 7 timeshare units and the applicant shall submit revised plans
reflecting this change, subject to Planning Director’s approval and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolution No.
5632, on file with the City Clerk and made a part hereof by reference, are the findings and
conditions of the City Council, except as modified herein.
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:
“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 I .16. Any petition or other paper seeking review must be filed in
the appropriate court not later than the nineteenth day following the date
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on which this decision becomes final; however, if within ten days after the
decision becomes final a request for the record of the 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.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 20th day of Julv , 2004, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
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