HomeMy WebLinkAbout1977-04-05; City Council; 4092-1; GPA-40 Peggy HadleyCITY OF CARLSBAD
AGENDA BILL NO. 4092-Supplement 1 _ Initial:
Dept.Hd.DATE: - Aprii 5, 1977 -
DEPARTMENT: _ City Attorney _ C. Mgr.
Subject: GPA-40-Peggy Hadley, GPA-43-City of Carlsbad and GPA-44-
L. Bruce Stallard
Statement of the Matter
The City Council at your February 1, 1977 and March 1, 1977
meetings directed the City Attorney to prepare the necessary
documents to amend the Land Use Element of the General Plan
to change the land use designation for six areas of the
City's General Plan (GPA-40; GPA-43(1), (3) , (4) and (5); and
GPA-44) and to disapprove a proposed change regarding Batiquitos
Lagoon (GPA-43(2). The Council, at your March 15, 1977 meet-
ing, returned the documents for revision to include the
disapproval of GPA-40 (Hadley) and provision for separate
documents to allow individual vote. In accord with your
instructions, the following documents have been prepared:
1. Resolution No. 5014 would deny GPA-40 (Hadley P-I to T-S).
2. Resolution No. 5015 would approve GPA-43(3) and (5)
(Cannon Park - O-S, and Camino de las Ondas - O-S),
and disapprove GPA-43(2) (Batiquitos Lagoon).
3. Resolution No. 5016 would approve GPA-43(1) and (4)
(Agua Hedionda Lagoon Specific Plan and SDG&E -
P-U to T-S.) (Mayor Frazee abstain).
4. Resolution No. 5017 would approve GPA-44 (Stallard
T-S to R.R.E.)
Exhibits
1. Resolution No. 5014, denying GPA-40.
2. Resolution No. 5015, approving GPA-43(3) and (5) and
disapproving GPA-43(2).
3. Resolution No. 5016, approving GPA-43(1) and (4).
4. Resolution No. 5017, approving GPA-44.
Recommendation
If the Council desires to take the actions outlined in the
statement of this matter, your action is to adopt Resolution
Nos. 5014, 5015, 5016 and 5017.
Council Action:
4-5-77 Resolution No. 5014, was adopted.
Resolution No. 5015, was adopted.
Resolution No. 5016, was adopted.
Resolution No. 5017, was adopted.
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RESOLUTION NO. 5014
A RESOLUTION OF .THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DENYING A
REQUEST TO AMEND THE LAND USE ELEMENT OF
THE GENERAL PLAN TO CHANGE THE LAND USE
DESIGNATION ON PROPERTY GENERALLY LOCATED
ON THE WEST SIDE OF PASEO DEL NORTE BETWEEN
PALOMAR AIRPORT ROAD 7\ND THE ALTA MIRA
RESIDENTIAL DEVELOPMENT. APPLICANT: PEGGY
HADLEY (GPA-40).
WHEREAS, the Planning Commission did hold duly noticed
public hearings as prescribed by law to consider amendments to '
the Land Use Element of the General Plan on January 12, 1977
(GPA-40) and February 9, 1977 (GPA-43 and 44); and
WHEREAS, the Planning Director has determined that said
amendments will have,a nonsignificant impact on the environment
and a Negative Declaration has been prepared and filed in satis-
faction of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1972 and the California Environmental
Quality Act; and
WHEREAS, the City Council, on February 1, 1977 and March 1,
1977 held duly advertised public hearings to consider aaid
amendments and at said times received i:he recommendations,
objections, protests and comments of.all individuals and parties
who desired to be heard; and
WHEREAS, the City Council, after considering all proposed
changes to the land use element, directed the City Attorney to
return with revised documents to allow the Council to vote on the
changes individually as a part of one single amendment to the
element. •
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
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A. That the above recitations are true and correct.
B. That this resolution and Resolution Nos. 5015, 5016 and
5017 are all part of a single amendment to the land use element
of the General Plan.
C. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1312 (GPA-40) do not
constitute the findings of the City Council for the following
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reasons:
1. The change in the land use designation for the
subject property from P-I (Planned Industrial) to T-S (Travel
Service) was instituted at the request of the property owners.
Subsequent to the Planning Commission hearing, the property owners
requested in writing that their application for a General Plan"
amendment be denied.
2. Because of the influence of the Encina treatment
plant the subject property is not suited for travel service
activities and should be left in its present designation of
Planned Industrial.
3. .Certain information relied upon by the Planning
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Commission, s-uch as the lack of potential for industrial develop-
ment, has been superseded by more recent information that the
property is in fact suitable for industrial development.
D. That the proposed amendment to the land use element
(GPA-40) to change the Planned Industrial designation to Travel
Services on property generally located on the west side of Paseo
del Norte between Paloma-r Airport Road and the Alta Mira resi-
dential development, as. shown on map marked Exhibit 1, attached
hereto and made a part hereof, is hereby.denied.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 5th day of April , 1977
by the following vote, to wit:
AYES: Coimcilmen Frazee, Lewis, Skotnicki, Packard and Councilwoman
Casler.
NOES: None.
ABSENT: None.
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ROBERT C. FRAZEE, May£^
ATTEST :
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MARGARET E. ADAMS, City Clerk
NORA K. GARDINER, Deputy City Clerk
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EXHIBIT A '
•GPA-40
'1-18-77
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PER PLANNING COJI.MISSION RESOLUTION
NO. 1312
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RESOLUTION NO. 5015
A RESOLUTION OF TEE CITY COUNCIL OF TEE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TEE LAND
USE ELEMENT OF THE GENERAL PLAN TO CHANGE
THE LAND USE DESIGNATION FOR TWO AREAS OF -
THE CITY'S GENERAL PLAN AND DENYING A PROPOSED
CHANGE REGARDING BATIQUITOS LAGOON. APPLICANT:
CITY OF CARLSBAD (GPA-43(2), (3) AND (5).
WHEREAS, the Planning Commission did hold duly noticed
public hearings as prescribed by law to consider amendments to /./
the Land Use Element of the General Plan on January 12, 1977
(GPA-40) and February 9, 1977 (GPA-43 and 44); and
WHEREAS, the Planning Director has determined that said
amendments will have a nonsignificant impact on the environment
and a Negative Declaration has been prepared and filed in satis-
faction of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1972 and the California Environmental
Quality Act; and
WHEREAS, THE City Council, on February 1, 1977 and on
March 1, 1977 held duly advertised public hearings to consider
said amendments and at said times received the recommendations,
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objections, protests and comments of all individuals and parties
who desired to be heard; and "*
WHEREAS, the City Council, after considering all proposed
changes to the land use element, directed the City Attorney to
return with revised documents to allow the Council to vote on the
changes individually as a part of one single amendment to the
element. ,
NOW, THEREFORE, BE.IT RESOLVED by the City Council of the
City of Carlsbad as follows:
A. That the above recitations are true and correct.
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B. That this resolution and Resolution Nos. 5014, 5016 and
5017 are all part of a single amendment to the land use element
of the General Plan.
C. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1.324 (GPA-43(3)) and
Resolution No. 1326 (GPA-43(5)) constitute the findings of the
City Council.
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D. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1323 (GPA-43 (2)) are
not approved and the proposed land use element amendment to expand
the "special treatment area" around Batiquitos Lagoon is not
approved. Until the status of the proposed Batiquitos Regional
Park is settled and the existing dispute between the property
owner and the County of San Diego is resolved, the Council
considers it inappropriate to make any changes in the existing
land use designations.
E. That the land use element of the General Plan is
amended as follows:
1. GPA-43(3): Change the "Medium Density Residential"
designation to "Open Space" designation on approximately seven
acres of land on property generally located at the southwest
intersection of Cannon Road and the A.T. & S.F. Railroad as shown
on map marked Exhibit 1, attached hereto and made a part hereof.
2. GPA-43(5): Change the "Governmental Facilities"
designation to "Open Space" designation on approximately three
acres of land on property generally located south of Camino de las
Ondas and east of Paseo del Norte as shown on map marked Exhibit 2,
attached hereto and made a part hereof.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 5th day of April , 1977
by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Skotnicki, Packard and Councilwoman
Casler.
NOES: None.
ABSENT: None.
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ROBERT C. FRAZEE, MJiyor
ATTEST :
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MARGARET E. ADAMS , City Clerk
NORA K. GARDINER, Deputy City Clerk
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RESOLUTION NO. 5016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING THE LAND
USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE
LAND USE DESIGNATION FOR TWO AREAS OF THE
CITY'S GENERAL PLAN. APPLICANT: CITY OF
CARLSBAD (GPA-43(1) AND (4)).
WHEREAS, the Planning Commission did hold duly noticed
public hearings as prescribed by law to consider amendments to
the Land Use Element of the General Plan on January 12, 1977
(GPA-40) and February 9, 1977 (GPA-43 and 44); and
WHEREAS, the Planning Director has determined that said
amendments will have a nonsignificant impact on the environment
and a Negative Declaration has been prepared and filed in satis-
faction of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1972 and the California Environmental
Quality Act; and
WHEREAS, the City Council, on February 1, 1977 and on
March 1, 1977 held duly advertised public hearings to consider
said amendments and at said times received the recommendations,
•^
objections, protests and comments of all individuals and parties
who desired to be heard; and . .* .
WHEREAS, the City Council, after considering all proposed
changes to the land use element, directed the City Attorney to
return with revised documents to allow the Council to vote on the
changes individually as a part of one single amendment to the
element.
NOW, THEREFORE, BE.IT RESOLVED by the City Council of the
City of Carlsbad as follows:.
A. That the above recitations are true and correct.
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B. That this resolution and Resolution Nos. 5014, 5015 and
5017 are all part of a single amendment to the land use element
of the General Plan. ' ' •
C. That the findings of the Planning Commission as set forth
in Planning Commission Resolution No. 1322 (GPA-43(1)) and
Resolution No. 1325 (GPA-43(4)) constitute the findings of the
City Council.
D. That the land use element of the General Plan is
amended as follows:
- 1. GPA-43(1): Enlarge the limits of the "special
treatment area" designation around the Agua Hedionda Lagoon to
encompass the' planning area boundaries of the Agua Hedionda
Specific Plan as shown on map marked Exhibit 1, attached hereto
and made a part hereof.
2. GPA-43(4): Change the "Public Utility" designation
to "Travel Services Commercial" designation on approximately six
acres of land on property generally located at the northwest
intersection of 1-5 and Cannon Road as shown on map marked
Exhibit 2, attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 5tn day of APril , 1977
by the following vote, to wit:
AYES: Councilmen Lewis, Skotnicki, Packard, and Councilwoman Casler
NOES: None.
ABSENT: None.
ABSTAINED: Councilman Frazee.
ROBERT C. FRAZEE, May
ATTEST:
MARGARET E. ADAMS, City Clerk
NORA K. GARDINER, Deputy City Clerk(SEAL)
EXIITJ3IT 2 TO RESOLUTION NO.. 5016
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RESOLUTION NO. 5017
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
THE LAND USE ELEMENT OF THE GENERAL PLAN
TO CHANGE THE LAND USE DESIGNATION FROM
T-S(TRAVEL SERVICE) TO R.R.E.(EXTENSIVE
REGIONAL RETAIL) ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS
NORTH OF PALOMAR ROAD AND WEST OF FREEWAY
1-5. APPLICANT: L. BRUCE STALLARD (GPA-44).
WHEREAS, the Planning Commission did hold duly noticed
public hearings as prescribed by law to consider amendments to
the Land Use Element of the General Plan on January 12, 1977
(GPA-40) and February 9, 1977 (GPA-43 and 44); and
WHEREAS, the Planning Director has determined that said
amendments will have a nonsignificant impact on the environment
and a Negative Declaration has been prepared and filed in satis-
faction of the requirements of the City of Carlsbad Environmental
Protection Ordinance of 1972 and the California Environmental
Quality Act; and
WHEREAS, the City Council, on February 1, 1977 and on
March 1, 1977 held duly advertised public hearings to consider
said amendments and at said times received the recommendations,
objections, protests and comments of all individuals and parties
who desired to be heard; and
WHEREAS, the City Council, after considering all proposed
chances to the land use element, directed the City Attorney to
return with revised documents to allow the Council to Vote oft the
changes individually as a part of one single amendment to the
element. .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
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A. That the above recitations are true and correct.
B. That this resolution and Resolution Nos. 5014, 5015 and
5016 are all part of a single amendment to the land use element
of the General Plan.
C. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1327 (GPA-44)
constitute the findings of the City Council.
D. That the land use element of the General Plan is <
amended as follows:
1. GPA-44: Change the "Travel Service Commercial"
designation to "Extensive Regional Retail" designation on
property generally located on the east side of Avenida Encinas
north of Palomar Road and west of Freeway 1-5 as shown on map
marked Exhibit 1, attached hereto and made a part hereof.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 5th day of April 1977
by the following vote, to wit:
AYES: Councilmen Frazee, Lewis and Packard;
NOES: Councilmen Skotnicki and Council woman Casler.
ABSENT: None.
ATTEST:
L
MARGARET E. "ADAMsTcity Clerk
NORA K. GARDINER, Deputy City Clerk
(SEAL)
2.
EXHIBIT 1 TO 'EGOLUTIC3N
.AIRPORT
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LAW OFFICES OF
DAUBNEY, BANCHE, PATTERSON AND REED
WILLIAM H. DAUBNEY * PROFESSIONAL CORPORATION AR£A
NICHOLAS C. BANCME 7O2 FOURTH STREET TELEPHONE -"22 1881
JOHN E. PATTERSON
POST OFFICE BOX 39OKENNETH E. REED J = ^
JAMES A. TESTA DCEANBJDE, CALIFORNIA 92054
March 10, 1977
City Manager
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
RE: General Plan Amendment - 40
Hadley Application
Dear Mr. Bussey:
Factors which have recently come to light affecting
the above referenced application, make it imperative that
the relief sought by the application not be forthcoming.
Accordingly, it is most respectfully requested that our
pending application be denied.
Please accept and extend my sincere apology made on
behalf of myself and my clients for any inconvenience
caused the Council and your staff by this request.
Sincerely,
NICHOLAS C. BANCHE
NCB:jp
cc: Mayor Robert C. Frazee
Dr. Ronald C. Packard
Claude A. Lewis
Anthony J. Skotnicki
Mary H. Casler