HomeMy WebLinkAbout2001-03-06; City Council; Resolution 2001-721
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RESOLUTION NO. 2001-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, TO (1) APPROVE A NEGATIVE
DECLARATION AND ADDENDUM, ZONE CHANGE, AND
LOCAL COASTAL PROGRAM AMENDMENT TO REZONE TWO
LOTS OWNED BY THE CHARLES B. LEDGERWOOD TRUST; AND, (2) MAKE NO CHANGE AT THIS TIME TO THE ZONING
ON THE LOT OWNED BY THE MITZE H. EUBANKS TRUST;
AND (3) DIRECT STAFF TO PROCESS THE NECESSARY
ENVIRONMENTAL REVIEW AND APPROPRIATE
AMENDMENTS TO THE GENERAL PLAN, LOCAL COASTAL
PROGRAM, AND ZONING ORDINANCE AT PUBLIC HEARINGS
TO ENABLE CONSIDERATION OF ALLOWING COMMERCIAL
TO REMAIN AS A CONFORMING USE ON THE LOT OWNED BY THE MITZE H. EUBANKS TRUST. THE THREE
PROPERTIES AFFECTED ARE ON THE EAST SIDE OF CARLSBAD BOULEVARD, BETWEEN TAMARACK AVENUE
AND REDWOOD AVENUE IN LOCAL FACILITIES
MANAGEMENT ZONE 1. CASE NAME: CARLSBAD BL/TAMARACK ZONE CHANGE
CASE NO.: ZC 99-08 AND LCPA 00-01
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on January 3, 2001, the Carlsbad Planning Commission held a duly
noticed public hearing, which was subsequently continued to January 17, 2001, to consider a
proposed Negative Declaration, Zone Change, and Local Coastal Program Amendment to
rezone the two lots owned by the Charles B. Ledgerwood Trust from Neighborhood Commercial
(C-l) and General Commercial (C-2) to Multiple-Family Residential (R-3) and Beach Area
Overlay Zone (BAOZ) and rezone the one lot owned by the Mitze H. Eubanks Trust from C-2 to
R-3 and BAOZ; and
WHEREAS, on January 17, 2001, the Planning Commission adopted Planning
Commission Resolutions No. 4891, 4892, and 4893 recommending to the City Council that (1)
the Negative Declaration and Addendum, Zone Change, and Local Coastal Program
Amendment be approved to change the zoning as proposed on the properties owned by the
Charles B. Ledgerwood Trust, and (2) that the Council make no change at this time to the
existing commercial zoning on the lot owned by the Mitze H. Eubanks Trust and instead
consider allowing commercial to remain as a conforming use, and, accordingly direct staff to
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conduct the necessary environmental review and process appropriate amendments to the
General Plan, Local Coastal Program, and Zoning Ordinance at public hearings; and
WHEREAS, the City Council of the City of Carlsbad, on the 6th day of March
2001, held a duly noticed public hearing to consider the recommendation and heard all persons
interested in or opposed to ZC 99-08 and LCPA 00-01; and
WHEREAS, an Initial Study and Addendum was prepared for the project and it
was determined that a Negative Declaration could be issued for the project,
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: (1) The
approval of a Negative Declaration and Addendum, Zone Change 99-08, and Local Coastal Program Amendment 00-01, and; (2) The retaining of the existing zone on the Mitze H. Eubanks
Trust and further study and consideration of an appropriate commercial designation for the
property is approved and that the findings of the Planning Commission contained in Planning
Commission Resolutions No. 4891,4892, and 4893, on file with the City Clerk and incorporated
herein by reference, are the findings of the City Council.
3. That the City Council is not rezoning the parcel at this time in reliance on
the Seaside Bistro’s representations that it will relinquish its cabaret license and agree to
process a Conditional Use Permit application setting forth the terms and conditions under which commercial use will continue to exist at this site. Therefore, the Planning Director is directed to
commence the necessary and appropriate rezoning process forthwith which will require a
Conditional Use Permit or other discretionary permits and to return to the City Council through
the Planning Commission with its report and recommendations. The Seaside Bistro is directed
to apply forthwith for a Conditional Use Permit or other discretionary permits under the proposed
zone so that all discretionary actions will be before the Council concurrently.
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
Review,” shall apply:
“The time within which judicial review of this decision must be sought
is governed by Code of Civil Procedures, Section 1094.6, which has
been made applicable in the City of Carlsbad by Carlsbad Municipal
Code Chapter 1 .I 6. Any petition or other paper seeking judicial review must be filed in the appropriate court no later than the ninetieth
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 proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of preparation of such
record, the time within which such petition may be filed in court is
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extended to not latter 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, California 92008.”
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of March 2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard and Hall.
NOES: None.
ABSENT: None.
ATTEST:
(SEAL)
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