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HomeMy WebLinkAbout2006-12-05; City Council; Resolution 2006-352rl \ 1 . RESOLUTION NO. 2006-352 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ONE-YEAR 3 EXTENSION OF A CONDITIONAL USE PERMIT CUP 02- 4 30x1 FOR A 7-UNIT TIMESHARE PROJECT ON PROPERTY LOCATED AT 2805 OCEAN STREET IN THE 5 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT 6 ZONE1. CASE NAME: SEASHORE ON THE SAND 7 CASE NO: CUP 02-30x1 8 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 9 Commission did on October 4, 2006, hold a duly noticed public hearing as prescribed by 10 law to consider a Conditional Use Permit Extension; and 11 WHEREAS, the City Council of the City of Carlsbad did, on the 5th 12 day of December 2006, hold a duly noticed public hearing to consider a 14 Conditional Use Permit Extension, and at that time received recommendations, 15 objections, protests, comments of all persons interested in or opposed to CUP 02-30x1; 16 and 17 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 18 Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 20 2. That the City Council approves Conditional Use Permit Extension, CUP 21 02-30x1 and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6174, on file with the City Clerk and made a part 22 hereof by reference, are the findings and conditions of the City Council. 23 3. That the application for a one year extension of Conditional Use Permit 24 02-30 for a 7 unit timeshare project located at 2805 Ocean Street, on the west side of Ocean Street, is approved as shown in Planning Commission Resolution No. 6174. 25 4. 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 27 Review" shall apply: 28 1 "NOTICE TO APPLICANT" 2 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 3 which has been made applicable in the City of Carlsbad by 4 Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than 5 the nineteenth day following the date on which this decision becomes final; however, if within ten days after the decision 6 becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, 7 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 8 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 10 City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 11 " 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 5th day of December, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard NOES: None. ABSENT: Council Member Sigafoose ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) '&JU. O