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HomeMy WebLinkAbout1975-04-15; City Council; 3328-1; Carlsbad Investment Corp ZC and SP•THE C I T Y ^ OF C A R L S B A P.~+. CALIF Q fiLJV J A >»«r«' Agenda Bill No. 3328-Supplement 1 - Date: April 157^3.975 ^ Referred T-o : ' Subject: Submitted By Zone Change (ZC-152) ± Attornev Specific Plan (SP 25-A) Clty AttorneY Applicant: Carlsbad Investment Corp. /,V* 'Statement of the Matter ,The City Council at your meeting of April 1, 1975, directed the City Attorney to prepare the necessary documents approving Zone Change (ZC-152) and adopting Specific Plan (SP 25-A). The resolution approving the zone change and the ordinances adopting the zone change and Specific Plan are attached. Exhibit • • . 1. Resolution No. ^b*L* approving Zone Change (ZC-152). 2. Ordinance No. fr^; | granting change of zone. 3. Ordinance No. ^VS^2. adopting Specific Plan (SP 25-A) . Staff Recommendations If the Council desires to approve Zone Change (ZC-152) and grant the change of zone, your action is to adopt Resolution No. £&Jt1? and introduce Ordinance No. *?J/Jj,} . If the Council desires to adopt Specific Plan (SP 25-A) , your action is to introduce Ordinance No. Wo. H2£LzSupplement 1 Date: April 15. 1975 City Manager's Recommendation Concur with staff Council Action 4-15-75 Resolution #3628 was adopted, announcing findings and decision. Ordinance #9421, granting a zone change, and Ordinance #9422, adopting a Specific Plan, were introduced for a first reading. 5-6-75 Ordinances .#9421 and #9422 were introduced for a second reading and adopted. -2- Q 00 CO "S 5 « 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 i 17 2 18 RESOLUTION NO. 3628 3 O 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC-152) FROM R-l-7500 TO C-2 ON A 6,507 SQUARE FOOT PIECE OF PROPERTY LOCATED AT 3150 PIO PICO DRIVE BETWEEN ELM AVENUE AND OAK AVENUE. APPLICANT: CARLSBAD INVESTMENT CORP. WHEREAS, on March 11, 1975, a duly advertised public hearing was held before the Planning Commission in the manner prescribed by law to consider a change of zone from R-l-7500 to C-2 on property described as follows: All that portion of Tract 115 of the City of Carlsbad being Map No. 775 filed in the office of the San Diego County Recorder February 15, 1894, all to allow an 870 square foot addition to a restaurant and for additional parking for the restaurant on property located at 3150 Pio Pico Drive between Elm Avenue and Oak Avenue; and WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. 1140 recommending said zone change which is herewith referred to and made a part hereof; and WHEREAS, on April 1, 1975 the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, the Planning Director has determined that said change of zone will have a nonsignificant impact on the environ- ment, and a Negative Declaration has been prepared and filed in 1C -O i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 15o> | 16 0 i 17 i isi " 20 21 22 23 24 25 26 27 28 ,.aa. satisfaction of the requirements of mental Protection Ordinance of 1972 tal Quality Act; C the City of Carlsbad Environ- and the California Environmen- 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 findings of the in the aforementioned Resolution No. of the Carlsbad City Council. 3. That the approval of the classification is necessary to carry Title 21 of the Municipal Code. 4. That the City Council of to adopt an ordinance to effectuate PASSED, APPROVED AND ADOPTED Council on the 15th day of April vote, to wit: Planning Commission contained 1140 constitute the findings proposed change of zone out the general purpose of the City of Carlsbad intends the proposed change of zone. at a meeting of the City , 1975, by the following AYES: Councilmen Frazee, Chase, Lewis and Skotnicki NOES: None ABSENT: Counci 1 woman Casler ( . ..; ' ATTEST : /T^C^^i^^^/^^-^-^yMARGARET E. ADAMS, City Clerk (SEAL) 2. /O j!-*1 '*-*" J>*—J -^—-f ROBERT C. FRAZEE, Mayor ** i *VINCENT F. BIONDO. JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081 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 Zl'\ 28 29 ^ ^ /?'£• S**' 'W*t ORDINANCE NO. 9421 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 TO GRANT A CHANGE OF ZONE FROM R-l-7500 (ONE-FAMILY RESIDENTIAL ZONE) TO C-2 (GENERAL COMMER- CIAL ZONE) (ZC-152) FOR A 6,507 SQUARE FOOT PIECE OF PROPERTY LOCATED AT 3150 PIO PICO DRIVE BETWEEN ELM AVENUE AND OAK AVENUE. APPLICANT: CARLSBAD INVESTMENT CORP. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone from R-l-7500 (one-family residential zone) to C-2 (general commercial zone) (ZC-146) for the following described property: All that portion of Tract 115 of the City of Carlsbad being Map No. 775 filed in the office of the San Diego County Recorder February 15, 1894. 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 the Carlsbad Journal within fifteen days after its adoption INTRODUCED AND FIRST READ at a meeting of the Carlsbad City Council held on the 15th day of April , 1975, and thereafter PASSED AND ADOPTED at a meeting of said City Council held on t~e 6th day of May , 1975 by the following vote, to wit: 1 AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Counci Iwoman Casler NOES: None c /') ABSENT: None -vX / v- ,-,, -J/' rv~; f c. ^v.,/{ , ATTJE^-T: ... ._ ; x^> '" ROBERT C. FRAZEE, Mayor /:'"' • -llS-eS^- £ /./.¥st-~*? , MARGARET E, ADAMS, ''City Clerk (SEAL) " ' j Q - ..2 I MCENT F. BIONOO, JRDRNEY - CITY OF CA1200 ELM AVENUESBAD, CALIFORNIA 9:>^ *£ ° O ^ i i 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 90 ORDINANCE NO. 9422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING AN AMENDED SPECIFIC PLAN (SP 25-A) ON PROPERTY LOCATED AT 3150 PIO PICO BETWEEN ELM AVENUE AND OAK AVENUE. APPLICANT: CARLSBAD INVESTMENT CORP. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: An amended Specific Plan (SP 25-A) is hereby adopted to allow an 870 square foot addition to a restaurant and for additional parking for the restaurant on property located at 1350 Pio Pico Drive between Elm Avenue and Oak Avenue, more parti- cularly described as: All that portion of Tract 115 of the City of Carlsbad being Map No. 775 filed in the office of the San Diego County Recorder February 15, 1894, said plan to consist of a site plan marked Exhibit A to SP 25-A, revised January 31, 1975, and an application with attachments on file in the office of the City Planning Department and incorpor- ated by reference herein, subject to all terms and conditions of this ordinance. SECTION 2: Findings. The approval of Specific Plan (SP 25-A) is justified by the following findings: 1. The amendment is consistent with the adopted Specific Plan for the project. 2. The additional parking will help relieve crowded conditions for the existing parking. o«c/j £ <•» MS°3 O 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 si§s* is/ * DC *"• « 19 20 21 22 23 24 25 26 27 !i ii28 29 SECTION 3 : Development Conditions. The Specific Plan (SP 25-A) is approved subject to the following conditions and restrictions and the development of the property, as described in Section 1 hereof, shall be subject to all such conditions and restrictions which are in addition to all requirements, limita- tions and restrictions of all municipal ordinances and state and federal laws now in force or which may hereafter be in force: 1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A, January 31, 1975, on file in the Planning Department. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, except or unless indi- cated otherwise herein. 2. Unless the construction of the structure or facility is commenced not later than one year after the date the approval is granted and is diligently pursued thereafter, this approval will automatically become null and void. 3 . All requirements of any law, ordinance or regula- tion of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 4. The applicant shall file a reciprocal parking agreement with the City concerning joint use of the addi- tional parking areas between the subject property and the project approved by Specific Plan 126. SECTION 4 : Administration and Enforcement. The Build- ing Department shall not approve any building for occupancy ur.~--.~- -he Planning Director has certified that all applicable conditions of this ordinance have been satisfied. SECTION 5: Ordinance No. 9294 is repealed. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify he adoption of this ordinance and cause it to be published at least 2. o as J5 j zS So o 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 25 27 j! 28 .SSL. once in the Carlsbad Journal within fifteen days after its adop- tion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of April / 1975 and thereafter PASSED AND ADOPTED at a regular meeting of said Council held on the 6th day of May , 1975, by the following vote, to wit: AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES: None ABSENT: None ROBERT C. FRAZEE, Mayor ATTEST: MARGARET E. ADAMS,"City Clerk (SEAL) 3.