HomeMy WebLinkAbout1975-03-18; City Council; 3309-1; McClelland zone change appeal denial•THE C I T C °C A R L S B A CALIFORNIA
Agenda Bill No. 3 30 9 -Supplement 1
Deferred To :
Pate: March 18. 1975
Subject:
Zone Change (ZC-157)
Applicant: 0. H. McClelland
Submitted By:
City Attorney-
'Statement of the Matter
The City Council at your March 4, 1975 meeting directed the City
Attorney to prepare a resolution affirming the decision of the Planning
Commission to deny without prejudice a request for zone change (ZC-157)
and denying the appeal of O. H. McClelland. The resolution is attached,
' Exhibit
Resolution No.3^/ O affirming decision and denying appeal.
Staff Recommendations
If the City Council wishes to affirm the decision to deny the request for
a zone change and deny the appeal, your action is to adopt Resolution
No.
AB No" .13J19_=:Supplement Date: March 18. 1975
City Manager's Recommendation
Concur
Council Action
3-18-75 Resolution #3610 was adopted, affirming decision and denying
appeal.
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RESOLUTION NO.3610
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING
FINDINGS AND DECISION REGARDING CHANGE
OF ZONE (ZC-157) DENYING APPEAL OF A
PLANNING COMMISSION DECISION TO DENY
WITHOUT PREJUDICE A REQUEST FOR CHANGE
OF ZONE FROM C-2 (GENERAL COMMERCIAL ZONE)
TO R-P(RESIDENTIAL PROFESSIONAL ZONE) ON .70 ACRE ON
THE EAST S1D.K OF CARLSBAD BOULEVARD BETWEEN
CEDAR AND BEECH. • APPLICANT: 0. H. McCLELLAND
WHEREAS, the Planning Commission of the City of Carlsbad,
California, did on February 11, 1975, after public hearing, adopt
Resolution No. 1134 denying without prejudice the request for a
zone change (ZC-157) from C-2 (General Commercial Zone) to R-P
(Residential Professional Zone) on .70 acre located on the east
side of Carlsbad Boulevard between Cedar and Beech. Said resolu-
tion is incorporated herein by reference; and
WHEREAS, a proper appeal of said decision has been filed;
and
WHEREAS, the City Council did on March 4, 1975, hold a
public hearing on said appeal and hear and consider all testi-
mony, reports and communications presented;
NOW, THEREFORE,, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the appeal is hereby denied and the decision of
the Planning Commission in denying without prejudice the zone
change (ZC-157) is affirmed for the following reasons:
(a) Planning Commission Resolution No. 1134 and the
staff report justify the denying of the appeal;
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(b) The evidence forthcoming at the hearing on the
appeal did not call any of those findings or reasons into ques-
tion; .
(c) The findings and reasons for approval contained*
in said resolution and report constitute the findings of the City
Council on this appeal and justify the denial of same.
PASSED, APPROVED AND ADOPTED at the regular meeting of
the Carlsbad City Council held on the 18th day of March ,
1975 by the following vote, to wit:
AYES: Councilmen Frazee, Skotnicki and Councilwoman Casle
NOES: Councilmen Chase and Lewis
ABSENT: None
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* ROBERT C. FRAZEE, Mayor
ATTEST:
W^^x^/^y^^^^
MARGARET E. ADAMS, 'City Clerk
(SEAL)
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