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HomeMy WebLinkAbout1981-05-05; City Council; 9587; CMC 21.06.030 amend - Jack-in-the-Box rezone C-2/R-P to C-1-Qc '* 0 3 2 2 4 E " c 1 f S IC 11 12 9 0 t 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9587 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, OF THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE (ZC-222) FROM C-2 AND R-P to C-1-Q ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF HARDING STREET BETWEEN ELM AVENUE AND OAK AVENUE APPLICANT: JACK-IN-THE- BOX. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-222) from C-2 (General Commercial) and R-P (Residential Professional) to C-1-Q (Neighborhood Commercial) on property as shown on the map marked ZC-222--Exhibit "X" , attached hereto and made a part hereof. SECTION 2: The change of zone shall be subject to the following conditions : (a) That building permits for development of the subject property will not be issued unless the City Engineer determines that sewer facilities are available at the time of application for such permits and will continue to be available until the time of occupancy. This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee; a copy of that agreement, dated October 23, 1980, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the general plan and approval for this project shall be void. The applicant shall file an adjustment plat tc consolidate the two subject lots. Assessors Parcel Numbers 203-353-03, and 203- 353-08, prior to issuance of any building permits for either lot. SECTION 3: A notation of the existence of the conditions contained in Section 2. shall be made on the zoning map. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 21St 1981, and thereafter day of I PASSED AND ADOPTED at a regular meeting of said Council held on the 5th day of mY , 1981, by the following vote, to wit: AYES: NOES: None Council Nenhers Packard, Casler, hear, Lewis and Kulchin ABSENT: None ATTEST : &8 ALETHA L, MUTENKRANZ, City Cler (SEAL '.- 2 -