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HomeMy WebLinkAbout2009-10-27; City Council; Resolution 2009-272EXHIBIT 1 1 RESOLUTION NO 2009-272 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SITE 3 DEVELOPMENT PLAN AMENDMENT 96-14(C) AND COASTAL DEVELOPMENT PERMIT AMENDMENT 96-16(C) TO 4 CONSTRUCT A 254 ROOM HOTEL, RESTAURANT, AND RETAIL USES AT THE LEGOLAND CALIFORNIA THEME PARK 5 WITHIN THE CARLSBAD RANCH SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED NORTH OF PALOMAR 6 AIRPORT ROAD, SOUTH OF CANNON ROAD, EAST OF ARMADA DRIVE AND WEST OF THE CROSSINGS DRIVE IN 7 THE MELLO II SEGMENT OF THE LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES MANAGEMENT ZONE 8 13. CASE NAME: LEGOLAND HOTEL CALIFORNIA 9 CASE NO.: SDP 96-14(CVCDP 96-16(C) 10 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 11 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on September 16, 2009, hold a duly noticed public hearing as prescribed by law to consider a Site Development Plan Amendment and Coastal Development Permit Amendment to permit the construction of a 254 room hotel, restaurant, and retail uses; and 15 *JLWHEREAS, the City Council of the City of Carlsbad, on the ^7— day of16 P (gt^-^-fl-t^ , 2009, held a duly noticed public hearing to consider said Local Coastal Program Amendment and at that time received recommendations, objections, protests,1 o comments of all persons interested in or opposed to the Site Development Plan Amendment and Coastal Development Permit Amendment. 91 The City Council of the City of Carlsbad, California, does hereby resolve as 2[ follows: 22 1. That the above recitations are true and correct. 23 2. That the CEQA findings of the Planning Commission as set forth in Planning 24 Commission Resolution No. 6629 on file with the City Clerk, and made a part hereof by reference, are the findings of the City Council. 25 3. That the Site Development Plan Amendment 96-14(C) and Coastal Development 26 Permit Amendment 96-16(C) findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6629 and 6630 respectively on file with the City Clerk, and 2' made a part hereof by reference, are the findings and conditions of the City Council. 28 1 4. That the application for a Site Development Plan Amendment and Coastal Development Permit Amendment on property generally located north of Palomar Airport Road, 2 south of Cannon Road, east of Armada Drive and west of The Crossings Drive is approved as shown in Planning Commission Resolutions No. 6629 and 6630.3 . 5. This action is final the date this resolution is adopted by the City Council and is subject to the approval of the LCPA 08-01 by the California Coastal Commission. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 6 "NOTICE TO APPLICANT" 7 The time within which judicial review of this decision must be sought is o 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 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 12 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 13 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 14 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008." 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 27 day of October . 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard, and Blackburn NOES: None. ABSENT: None. flvMyor^ ATTEST: (SEAL) 5