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HomeMy WebLinkAbout2008-02-05; City Council; Resolution 2008-028EXHIBIT 2 1 RESOLUTION NO. 2008-028 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A DETERMINATION 3 THAT THE PROJECT IS WITHIN THE SCOPE OF THE PREVIOUSLY CERTIFIED CARLSBAD RANCH SPECIFIC PLAN 4 PROGRAM EIR AND THAT THE PROGRAM EIR ADEQUATELY DESCRIBES THE ACTIVITY FOR THE PURPOSES OF CEQA 5 AND APPROVING A SPECIFIC PLAN AMENDMENT AND A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE 6 CARLSBAD RANCH SPECIFIC PLAN TO ALLOW FOR AN ADMINISTRATIVE APPROVAL PROCESS FOR LEGOLAND 7 INNER PARK IMPROVEMENTS, MODIFY THE ALLOWED USES TO INCLUDE OVERNIGHT USES, AND TO DEFINE MINOR 8 AND MAJOR SPECIFIC PLAN AMENDMENTS ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR AIRPORT 9 ROAD, SOUTH OF CANNON ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE CROSSINGS DRIVE IN THE 10 MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 13. 11 CASE NAME: LEGOLAND INNER PARK CASE NO.: SP 207(FVLCPA 90-08(E)12 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on December 5, 2007, hold a duly noticed public hearing as prescribed by law14 to consider a Specific Plan Amendment and Local Coastal Program Amendment and WHEREAS, the City Council of the City of Carlsbad, on the 5tb day of16 February i 2008, held a duly noticed public hearing to consider said Specific Plan Amendment and Local Coastal Program Amendment and at that time receivedlo recommendations, objections, protests, comments of all persons interested in or opposed to the SP 207(F) and LCPA 90-08(E). 91 The City Council of the City of Carlsbad, California, does hereby resolve as 21 follows: 22 1. That the above recitations are true and correct. 23 2. That the findings and conditions of the Planning Commission as set forth in 24 Planning Commission Resolution Nos. 6356 and 6357 on file with the City Clerk, and made a part hereof by reference, are the findings and conditions of the City Council. 25 3. That the application for a Specific Plan Amendment (SP207(F)) and Local 26 Coastal Program Amendment (LCPA 90-08(E)) on property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo Del Norte and west of The Crossings Drive 2' is approved as shown in Planning Commission Resolutions No. 6356 and 6357. 28 1 4. That the approval of LCPA 90-08(E) shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's 2 approval becomes effective. 5. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 90-08(E) by the California Coastal Commission. 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 1.16. Any petition or other paper seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision becomes final; however, if within ten days after the 10 decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such 11 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 12 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 13 record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 14" 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,-2- 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 February, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. IS, Mayor ATTEST: LORRAINBM. WOOD (SEAL) U I