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.
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PLANNING COMMISSION RESOLUTION NO. 1074
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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.
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(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