HomeMy WebLinkAbout2009-03-10; City Council; Resolution 2009-047EXHIBIT 2
1 RESOLUTION NO. 2009-047
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MITIGATED
3 NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM AND APPROVING A LOCAL
4 COASTAL PROGRAM AMENDMENT TO ADD HOTEL AND
ACCESSORY USES TO PLANNING AREA 4, LEGOLAND, OF
5 THE CARLSBAD RANCH SPECIFIC PLAN, REVISE THE
PARKING RATE FOR LEGOLAND AND GYMS WITHIN THE
6 CARLSBAD RANCH SPECIFIC PLAN, AND CHANGE THE
STREET NAME FROM HIDDEN VALLEY ROAD TO THE
7 CROSSINGS DRIVE ON PROPERTY GENERALLY LOCATED
NORTH OF PALOMAR AIRPORT ROAD, SOUTH OF CANNON
8 ROAD, EAST OF PASEO DEL NORTE AND WEST OF THE
CROSSINGS DRIVE IN THE MELLO II SEGMENT OF THE
9 LOCAL COASTAL PROGRAM AND IN LOCAL FACILITIES
MANAGEMENT ZONE 13.
10 CASE NAME: LEGOLAND HOTEL CALIFORNIA
CASE NO.: SP 207(H)/LCPA 08-0111
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:13
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning14
Commission did, on January 21, 2009, hold a duly noticed public hearing as prescribed by law
to consider a Local Coastal Program Amendment; and16
WHEREAS, the City Council of the City of Carlsbad, on the IQtb day of
Marcb , 2009, held a duly noticed public hearing to consider said Local Coastal18
Program Amendment and at that time received recommendations, objections, protests,
„ comments of all persons interested in or opposed to the LCPA 08-01.
». The City Council of the City of Carlsbad, California, does hereby resolve as
22 follows:
23 1. That the above recitations are true and correct.
24 2. That the CEQA findings of the Planning Commission as set forth in Planning
Commission Resolution No. 6524 on file with the City Clerk, and made a part hereof by
25 reference, are the findings of the City Council.
26 3. That the Local Coastal Program Amendment (LCPA 08-01) findings and
conditions of the Planning Commission as set forth in Planning Commission Resolution No.
2' 6526 on file with the City Clerk, and made a part hereof by reference, are the findings and
conditions of the City Council.28
1 4. That the application for a Local Coastal Program Amendment (LCPA 08-01) on
property generally located north of Palomar Airport Road, south of Cannon Road, east of Paseo
2 Del Norte and west of The Crossings Drive is approved as shown in Planning Commission
Resolutions No. 6526.
3
. 5. That the approval of LCPA 08-01 shall not become effective until it is approved
by the California Coastal Commission and the California Coastal Commission's approval
becomes effective.
6 6. 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
7 Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review"
shall apply:
8
"NOTICE TO APPLICANT"
9
The time within which judicial review of this decision must be sought is
10 governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
11 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
12 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
13 amount sufficient to cover the estimated cost or preparation of such
record, the time within which such petition may be filed in court is
14 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
15 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
16 Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of March, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
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