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Home My WebLink About1976-12-07; City Council; 4023; Appeal of GPA-40 change from I-I to RRE;./'0//.3 CITY OF CARLSBAD AGENDA BILL NO. **f 02^ ' Initial: narpT? December 7, 1976 Dept.Hd..DATE: - C. Atty. DEPARTMENT: PLAWNING c. Mgr. " Sub3ect: Case No.: GPA-40 APPEAL OF GPA-40 -Change from P-I to Applicant: PEGGY R. HADLEY RRE, Paseo del Norte, south of Palomar PnaH Statement of the Matter The Planning Commission denied GPA-40 on November 22, 1976. The applicant filed an appeal of this decision to the City Council. This appeal was inadvertently noticed for City Council hearing for December 7, 1976. Unfortunately, this is not sufficient time for staff to properly prepare the necessary documents, especially to explain the various reasons the Planning Commission gave for their denial. Therefore, staff recommends that this item be continued to the December 21, 1976 City Council meeting. The applicant has been informed of this recommendation by staff. Council action 12-7-76 The Council agreed that the matter be continued to the meeting of December 21, 1976, or in lieu of that, if the Planning Commission takes action, that action would be binding rather than a continuance. WILLIAM H. DAUBNEY NICHOLAS C. BANCHE JOHN E. PATTERSON KENNETH E. REED JAMES A. TESTA LAW OFFICES OF DAUBNEY, BANCHE, PATTERSON AND REED A PROFESSIONAL CORPORATION 70S FOURTH STREET POST OFFICE BOX 39O DCEANSIDE, CALIFORNIA S2054 AREA CODE 71* TELEPHONE 722-I8SI November 23, 1976 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention:City Clerk RE:Case #GPA-40 Peggy R. Hadley Dear Ms. Adams: Please be advised that applicant re the above, appeals from the adverse decision of the Planning Commission of November 22, 1976. It is respectfully requested that the hearing on the appeal be set before the City Council of the City of Carlsbad at the earliest possible date. Please be advised that I consider the administrative record to consist of, inter alia. Planning Commission Resolution #776, the application of applicant herein, Chapter 21.42 of the Ordinances of the City of Carlsbad, Chapter 21.32 of the Ordinances of the City of Carlsbad, Title 21 of the Ordinances of the City of Carlsbad, the Land Use Element of the General Plan, applicant's Environmental Impact Assessment, and the Planning Staff Memorandum of November 8, 1976. The foregoing were formally offered into evidence by applicant at Planning Commission Hearing of November 22, 1976. Please advise the undersigned of the date of hearing. Sincerely, BANCHE NCB: jp K Coldwell Banker COMMERCIAL BROKERAGE COMPANY • ' . V/ */' *. ^***C/ft, May 6, 1976 *•'* Mr. Donald A. Agatep ' •* Planning Director . City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 RE: The Hadley request for the non-fixed date for amending the General Plan. Dear Mr. Agatep: After reviewing the time savings involved in our obtaining the non-fixed date for amending the general plan instead of proceeding with the already ^scheduled date of September 7th, we feel it best to pursue the latter. Initially, we felt we could effect a three month advantage if granted our request; in fact, we would effect but a month advantage. We also think it inappropriate for us to request the non-fixed date as we have learned' that this date is meant to serve the City in time of a special need or requirement. Please convey to Mayor Frazee, the City Council members and the City Manager that we appreciate their concern and attention and look forward to coming before them wit^i our request of a general plan amendment on September 7th, 1976•. Thank you. Sincerely ' • • •• - - —• COLDWELL BANKER ' . . . COMMERCIAL BROKERAGE COMPANY Michael -J. Re:$y Agent for Mr. and Mrs. Paul E.- Hadley cc: Paul and Peggy Hadley ' .. MJR/tp 3088 PlO PICO STREET • SUITE 300 • CARtSBAD. CALIFORNIA 92008 • (714) 434-1081 • A COLDWELL BANKER COMPANY Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County 3088 PIO PICO AVENUE • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Cdrlsbdd Journal a newspaper of general circulation, printed and published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTICE OF PUBLIC HEARING GPA-40 NOTICE IS HEREBY GIVEN that the City Council of theCity of Carlsbad will hold a Public Hearing on Tuesday, December 7,1976, at 7:00 P.M., in the Council Cham- bers, 1200 Elm Avenue, Carlsbad, California, to consider a General Plan Amend- ment from Planned Industrial to Extensive Regional Retail designation on prop- erty generally located on the East and West sides of Paseo Del Norte between Palomar Airport Road and the AltaMira Residential Development and as shown onthe map below. Applicant: PEGGY R. HADLEY CARLSBAD CITY COUNCIL L_J\i PALO~MA'R~~A!f?PdWr l-fOAD ~ Kpve;;ipe.r: . . 2.7. 19.76. 19 19 19. 19 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on 29th _ ,. day of ,1-iovoifiLjer " '""' J&&. Clerk of the Printer CJ 171s: November 27,1976 NOTICE OF PUBLIC HEARING GPA-40 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a Public Hearing on Tuesday, December 7, 1976, at 7:00 P.M., in the Council Chambers, 1200 Elm Avenue, Carlsbad, California, to consider a General Plan Amendment from Planned Industrial to Extensive Regional Retail designation on property generally located on the East and West sides of Paseo Del Norte between Palomar Airport Road and the Alta Mira Residential Development and as shown on the map below. APPLICANT: PEGGY R. HADLEY PUBLISH:November 27, 1976 CARLSBAD CITY COUNCIL PALOMAR AIRPORT -ROAD FARMLAND CALIF. D1V OPARKING TRANSPORTATION ' ~AL-MIL PLASTICS M PASEO- DEL. NOR l E '.'.••':-;f Pollution r.:ciVity , C.M "i d<l [j'lCl DflS 92008 GPA-40 JaifiGS & Al ice Winslow 6100 Avenida Encinas Carlsbad, CA 92008 Marshall F. Lamore 1504 La Coronilla Drive Santa Barbara, CA 93109 James and Dorothy Gaiser 3784 Skyline Rd. Carlsbad, CA 92008 Peggy Hadley - 6115 Paseo de'l Norte Carlsbad, CA 92008 Nicholas C. Banche Attorney at Law -P.O. Box 390 Oceanside, CA 92054 Paul & Madalena Ecke P.O. Box 488 Fncinitas, CA 92024 Co/1 if. St. Rd. Maintenance Station 6050 Lewder lane Carlsbad, CA 92008 Cal-Mil Plastic Products 6100 Lower Lane Carlsbad, CA 92008 Andrew MeReynolds 2316 Calle Chiquita La Jolla, CA 92037 Takashima U S A , Inc. c/o Sherman A. Itlaner 3435 Wilshire Blvd. fM4?8 Los Angeles, California Financial Scene-Inc. P.O. Box 6474 ' San Diego, CA 92112