HomeMy WebLinkAbout1984-04-03; City Council; 9704; CMC 21 amend - Rezone C-1/C-2/R-A-10,000 to CT-Q1
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ORDINANCE NO. 9704
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
FROM C-I, C-2 AND R-A-IO,OOO TO CT-Q ON AF'PROX-
IMATELY 5.96 ACRES ON PROPERTY GENERALLY LOCATED
AT THE NORTHWEST CORNER OF 1-5 AND PALOMAR AIRPORT
ROAD .
APPLICANT: PALOMAR & COMPANY CASE NO: ZC-292
The City Council of the City of Carlsbad, California,
loes ordain as follows:
SECTION 1: Title 21 of the Carlsbad Municipal Code is
imended by the amendment of a zoning map from C-1, C-2 and
+A-10,000 to CT-Q on property as shown on the map marked ZC-292 -
Sxhibit "A", attached hereto and made a part hereof.
SECTION 2: This project is approved subject to the
Iollowing conditions: 1) The applicant shall pay a public
facilities fee as required by City Council Policy No. 17, dated
iugust 29, 1979, and amended on April 2, 1982, on file with the
:ity Clerk and incorporated herein by reference, and according to
:he agreement executed by the applicant for payment of said fee a
:opy of that agreement dated October 5, 1983, is on file with the
:ity Clerk and incorporated herein by reference. If said fee is
lot paid as promised, this application will not be consistent with
:he General Plan and approval for this project shall be void. Said
lees shall be paid based on the April 2, 1982 version of Policy No.
17; 2) Applicant agrees to participate in any benefit area,
tmprovement district or assessment district formed by the City for
:he purpose of constructing or paying for the construction of
>ublic traffic facilities in or about the intersection of Palomar
iirport Road and Interstate 5, Palomar Airport Road and Avenida
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Encinas, or Palomar Airport Road and Carlsbad Boulevard, as may be
recommended by the Berryman-Stevens Traffic Study for Palomar
Airport Road and 1-5 or as otherwise required by the City ("the
Facilities"). In the event the City adopts any other method of
financing the Facilities which spreads the cost of the Facilities
over an area which is similar to an area which would support an
assessment district, including but not limited to cash
contributions, Applicant agrees to pay his proportionate share.
Applicant waives on behalf of themselves and their successors,
heirs, and assigns all objections or protests to such assessment
district or other method of financing the facilities; and 3)
Applicant recognizes that the CT-Q Zone requires site development
approval and that the City may require, as a condition of such
approval, that Applicant construct or contribute to the cost of
some or all of the Facilities, on or off site, which the City
Zouncil determines may be required to accommodate the traffic
zreated by uses contemplated in the site development plan.
EFFECTIVE DATE: This ordinance shall be effective thirty
gays after its adoption, and the City Clerk shall certify to the
sdoption of this ordinance and cause it to be published at least
3nce in the Carlsbad Journal within fifteen days after its
sdoption.
INTRODUCED AND FIRST READ at
day Zarlsbad City Council on the 20th
Lhereaf ter
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a regular meeting of the
, 19 84 and - of March
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PASSED AND ADOPTED at a regular meeting of said City
84 Zouncil held on the 3rd day of I 19 I
3y the following vote, to wit:
AYES :
NOES: None
ABSENT: None?
Council Menikrs Casler, Lewis, Kulchin, Chick and Prescott
c---;? L,d k
MARY H. FASLER, Mayor
9TTEST :
(SEAL)
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* eOCATION MAB .. a-
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li ZC-292 d PALOMAR AND CO. if