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HomeMy WebLinkAbout1974-07-16; City Council; 3134; Appeal fo specific plan denial PapagayoC-T OF C A R L B A D,A L •• I O R // Agenda Dill No.Da to .-|6. 1974 Referred To subject: Consideration of an appeal, of the Planning Commission's'recommendation of denial of Specific Plan - Papagayo, Applicant - Larry .'Hunts submitted By : Planning Commission3 •statement of the Matter _ The City Council approved the original ; . Specific Plan-1 (SP-31) for Papagayo on June 20, 1972: A. subsequent California Coastal Zone Conservation Commission action reduced the developable area of the project to only the .portion of the property north of the sewer easement. The Council granted a one year time extension for the Papagayo Tentative Map (CT 72-13) on April 16, 1974, con- tingent uport the filing of an amended Specific Plan which would meet Coastal Commission requirements. • The Planning Commission did, by Resolution 1074, on June. 10, 1974, recommend that the City Council deny the amendment to City Council Ordinance No. 9311 adopting a revised Specific Plan"(SP 31-A) for the project.., for the following reasons: 1. The proposed Specific Plan is substantially different from the original Specific Plan (SP-31), approved by the Planning Commission..- 2. There will be "no guarantee that the original Specific Plan (SP-31), will be able to be constructed at such time the State Coastal' Commission has adopted the Coastal Plan. " ' ... 3. The proposed Specific Plan (SP-31A) does not provide for adequate access to the proposed open space easement. 4. The project would cause traffic congestion on the streets which would. serve it. The applicant has met the .City's Public Facility Policy. Exhibit . .-.'.' . Planning Commission Resolution #1074 . . • Staff Report to the Planning Commission dated June 25, 1974. Exhibit A- Plot Plan for Specific Plan , staff Recommenda ti ons _ to tne city Manager This is an appeal to the Planning Commission decision denying a change in the Specific Plan. If the Council upholds the appeal, the matter should be referred back to the Planning Commission for report. AS NO.Date: July 16, 1974 City Manager's Recommendation Concur. Council Action 7-16-74 The appeal was granted and the matter referred back to the Planning Commission for further report. -2- PLANNING COMMISSION RESOLUTION NO. 1074 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 29 30 31 32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING THE FINDINGS AND RECOMMENDING TO THE CITY COUNCIL DENIAL OF AN AMENDMENT TO CITY COUNCIL ORDINANCE #9311 ADOPTING A SPECIFIC PLAN FOR PROPERTY GENERALLY LOCATED SOUTH OF CHINQUAPIN AVENUE AND NORTH OF THE AGUA HEDIONDA LAGOON, BETWEEN THE A.T.& S.F. RAILROAD AND 1-5. APPLICANT: LARRY HUNTS, WHEREAS, The Planning Commission did on the date of June 25, 1974 hold a duly noticed Public Hearing to consider a request by Larry Hunts for an amendment to City Council Ordinance No. 9311 adopting a Specific Plan identified as EXHIBIT A, dated June 10, 1974, attached hereto, on a 23 acre piece of property generally located south of Chinquapin Avenue and north of the Agua Hedionda Lagoon, between the A.T.&S.F. Railroad and 1-5, more particularly described as: Tract 233 of Thum Lands, City of Carlsbad according to Map 1681 filed with the San Diego County Recorder; WHEREAS, the applicant submitted an environmental impact report according to the req uirements of the California Environmental Quality Act and the Carlsbad Environmental Protection Ordinance, and said E.I.R. was accepted by the City Council as a part of City Council Ordinance No. 9311, dated July 5, 1972. WHEREAS, at said public hearing upon hearing and considering the testimony and arguments, if any, of all persons who desired to be heard, said Commission did find the following facts and reasons to exist which make the DENIAL of this amendment to City Council Ordinance No. 9311 necessary to carry out the provisions and general purpose of Title 21: (1) The proposed Specific Plan is substantially different from the original Specific Plan (SP-31), approved by the Planning Commission. (2) There will be no guarantee that the original Specific Plan (SP-31), will be able to be constructed at such time the State Coastal Commission has adopted the Coastal Plan. (3) The proposed Specific Plan (SP-31A) does not provide for adequate access to the proposed open space easement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2 24 25 26 27 28 29 30 31 32 (4) The project would cause traffic congestion on the streets which would serve it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend DENIAL to the City Council of an Amendment to City Council Ordinance No. 9311, a Specific Plan. PASSED, APPROVED and ADOPTED at a regular meeting of the Carlsbad Planning Commission held on the 25th day of June, 1974, by the following, to wit: AYES: NOES: ABSENT: Commissioners Little, Casler, Forman, Jose and Dominguez None Barrett and Wrench MARY CASLER Chairman DONALD A. AGATEP Secretary LEP 000 REGISTERED RRR Larry D. Hunts & Associates, A.I.A» 3024 Piftli Avenue San Diego, California 92103 Dear Mr. Hunts: Reference is made to your condominium development, known as "Papagayo, proposed to "be developed on the north, shore of the middle Agua Hedionda Lagoon, Carlsbad, California« It is most important that at this point in time we have an understanding on the involvement of San Diego Gas & Electric Company's property in your project. On March 8, 1973, a letter was directed to you asking that you and the City Manager of Carlsbad meet with us. This meeting would have given t"he City of Carlsbad and San Diego Gas & Electric Company an opportunity to be informed of the status of your project, and schedules involving a property exchange as well as certain dredging and grading in, the middle lagoon. The purpose of this letter is to clarify San Diego Gas & Electric Company's position relating to our property. ¥e will not permit any work or improvements to be done, in the middle Agua Hedionda Lagoon or on our property until you have secured dredging permits from (l) the State Lands Commission and Corps of Engineers; (2) obtained the necessary permits and bonding arrangements as required by the City of Carlsbad; (3) completed the exchange of land on the north shore of the middle lagoon; and (4) received proper environmental clearance. Under the circumstances, we must consider your project is not going to starto Therefore, we are closing our file until we are satisfied that arrangements are diligently being pursued to complete the four items of concern to us» If you wish to discuss this matter further, our invitation to have a conference is still open. Please let me know a time convenient to you. Sincerely, FWD/HER:sc Phone 232-4252 Extension 1505 CGI Mr. Jack Arnold, Carlsbad City Manager P. ¥. DeVore, Manager Engineering Land Department