HomeMy WebLinkAbout1976-08-03; City Council; 3701-1; Appeal of Decision to Deny ZC Request (ZC 176) StallardC
CITY OF CARLSBAD
i)
AGENDA BILL NO.
DATE:
DEPARTMENT:
3701 - Supplement 1
Auqust 3 ,1976
City Attorney
Initial:
Dept.Hd.
C 7V 4-4-T7
C. Mgr.
i
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Subject: Appeal of Planning Commission Decision to Deny (ZC-176) zone
change request from C-l, R-A-10,000 and P-M to C-2. Applicant: L. Bruce
-- 1 a-rrl (Agent). _
Statement of the Matter
The City Council at your meeting of July 6, 1976, directed the
City Attorney to prepare the necessary documents denying the
appeal of the Planning Commission decision recommending denial
of Zone Change (ZC-176) . The resolution denying the appeal is
attached.
Exhibit
Resolution
Recommendation
If t
No
thei Council concurs, your action is to adopt Resolution
Council action
8-3-76 Resolution #3978 was adopted, denying the appeal of the Planning
Commission's decision recommending denial of the zone change.
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RESOLUTION No. 3978
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD,- CALIFORNIA, -DENYING
THE APPEAL OF A PLANNING COMMISSION
DECISION RECOMMENDING DENIAL OF A ZONE
CHANGE (ZC-176) FROM C-l, R-A-10,000
AND P-M TO C-2 ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF AVENIDA
ENCINAS NORTH BETWEEN PALOMAR AIRPORT
ROAD AND CANNON ROAD ON THE NORTH.
APPLICANT: L. BRUCE STALLARD (AGENT).
WHEREAS, on May 12, 1976, and continued to May 26,;. 1976,
duly advertised public hearings were held before the Planning
Commission in a manner prescribed by law to consider the
application for a change of zone from C-l, R-A-10,000 and P-M
to C-2 on property as shown on map marked ZC-176, Exhibit "A",
attached hereto and made a part hereof; and
WHEREAS, at the conclusion of said hearings the Planning
Commission of the City of Carlsbad adopted Resolution No. 1254,
recommending that the zone change be denied, which is herewith
.referred to and made a part hereof; and
»
WHEREAS, on June 15, 1976 a.proper appeal was filed by
the applicant in protest of the Planning Commission's denial of
proposed zone change; and
WHEREAS, on July 6, 1976, the City Council held a public
hearing to consider the appeal, 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
satisfaction of the requirements of the City of Carlsbad
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Environmental Protection Ordinance of 1972 and the California
Environmental Quality Act;
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 of the Planning Commission's denial
of ZC-176 is hereby denied because the City Council concurs
in the Planning Commission's view that the range of uses contained
in the C-2 zone are inconsistent with the types of uses allowed
by the general plan for the T-S (Travel Service) land use designa-
tion.
PASSED, APPROVED,. AND ADOPTED at a meeting of the City
Council on the 3rd day of August / 1976, by the
following vote, to wit:
AYES:
NOES:
ABSENT: None
Councilmen Frazee, Lewis, Packard, Skotnicki and
Council woman Casler
None
,ROBERT C. FRAZEE, Mayor
ATTEST:
"MARGARET E. ADAMS, City Clerk
(SEAL)
2.
EXHIBIT "A" TO RESOLUTION NO.
FROM-.>\ RM.C-I a
\ R-A-10
TO
C-2
AIRPOFH" RD
CITY OF CARLSBAD ZC-176 BY PLANNING DEPT FROM
SAN DIEGO COUNTY ASSESSORS BOOK 210, PAGE 17 a PAR
j a 2 INFORMATION FROM APPLICANT.