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HomeMy WebLinkAbout1998-09-08; City Council; NS-455; CMC 21.05.030 amend - La Costa Lucky Sav-on Shopping Center rezones...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 II ORDINANCE NO. NS-455 AN.ORDlNANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT ZONE CHANGE, ZC 97-02 TO CHANGE.LAND USE DESIGNATIONS FROM PC TO C-l-Q AND FROM C-2 TO C-l-Q FOR THE DEVELOPMENT OF A NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON PROPERTY GENERALLY LOCATED NORTH OF LA COSTA AVENUE AND EAST OF EL CAMINO REAL IN LOCAL FACILITIES MANAGEMENT ZONE 6. CASE NAME: LA COSTA LUCKY SAV-ON SHOPPING CENTER CASE NO.: zc 97-02 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21, Chapter 21.05, Section 21.05030 of the Carlsbad // Municipal Code, being the Zoning Map, is amended to reflect zone changes as shown on Exhibit “ZC 97-02”, dated June 17, 1998 attached hereto and made a part hereof by this reference. SECTION II: That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 4310 constitute the findings of the City Council, except that in making these findings the City Council has relied on the Applicants representations to agree to voluntary restrictions on the hours of delivery at the proposed gas station and that they may be restricted from 12 p.m. to 6 a.m., or to such other reasonable and appropriate times upon notice and as determined by the City Manager. The Council further relied on the Applicants representations that it would voluntarily dedicate a portion of the proposed AM/PM mini-market for law enforcement purposes. SECTION III: The Council further finds that this action is consistent with the Land Use Element of the Carlsbad General Plan. SECTION IV: Based on the representations set forth above, the City Council approves the proposed zone code amendment provided that the Applicant or his successor-in- interest shall voluntarily restrict the hours of commercial deliveries at the proposed service station between the hours of 12 p.m. midnight atid 6 a.m. or such other and reasonable times upon written notice from the City Manager. Provided further that a portion of the proposed g- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 . 21 - 2 x* 22 I -- -23 24 25 26 27 28 AM/PM Mini Market shall be dedicated for law enforcement purposes if determined necessary and appropriate by the City Manager upon advice and consultation with the Chief of Police. 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 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the ,4th day of ~~~~~~ .-. 1998, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the .-gth ~ September 1998,by,the following vote, to wit: “,_ AYES: Council Members Kulchin, Nygaard, Finnila & Hall NOES: Council Member Lewis ABSENT: None ATTEST: (SEAL1 ;-. - - - _ ^ ‘. -2- 3