HomeMy WebLinkAbout1978-02-21; City Council; 5322-1; Appeal Action Regarding ZC 186 Rezone Highland Ave• • ......
CITY OF CARLSBAD
AGENDA BILL NO .'2 2-Supplement 1
DATE: __ February 21, 1978
DEPARTMENT _ City Attorney
Subject: APPEAL OF PLANNING COMMISSION ACTION REGARDING ZC-186(A) -
REZONING HIGHLAND AVENUE.
APPLICANT; CITY INITIATED APPET.TJWT; ROSS WINTON
Statement of the Matter
The City Council at your meeting of February 7, 1978
directed the City Attorney to prepare the necessary
documents denying the appeal/of the Planning Commission
decision recommending denial of zone change (ZC-186(A)).
The resolution denying the appeal is attached.
Exhibit
Resolution No
Recommendation
If the Council concurs, your action is to adopt Resolution
No.
Council action
2-21-78 Resolution #5312 was adopted, denying an appeal of the
Planning Commission"s decision recommending denial of a
zone change.
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RESOLUTION NO. 5312
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-186(A)) FROM R-l-15,000 TO
R-l-10,000 ON PROPERTY GENERALLY LOCATED
ADJACENT TO AND ON THE EAST AND WEST
SIDES OF HIGHLAND DRIVE BETWEEN CHINQUAPIN
AND ADAMS STREET. APPLICANT: ROSS WINTON,
ET AL.
WHEREAS, on October 5, 1977 a duly advertised public hearing
was held before the Planning Commission in a manner prescribed
by law to consider the application for a change of zone from
R-l-15,000 to R-l-10,000 on property as shown on map marked
ZC-186(A), Exhibit "B", attached hereto and made a part hereof;
and
WHEREAS, at the conclusion of said hearing the Planning
Commission of the City of Carlsbad adopted Resolution No. 1407,
recommending that the zone change be denied, which is herewith
referred to and made a part hereof; and
WHEREAS, on November 18, 1977 a proper appeal was filed
by the applicant in protest of the Planning Commission's denial
of the proposed zone change; and
WHEREAS, on February 7, 1978 the City Council held a public
hearing to consider the appeal, to re'ceive all recommendations and
to hear all persons interested in or opposed to the proposed
change of zone; and
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P.Q
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 Environ-
mental Protection Ordinance of 1972 and the California Environ-
mental 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 findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1407 constitute
the findings of the City Council.
3. That the City Council hereby denies this appeal and
affirms the decision of the Planning Commission to deny the
proposed zone change (ZC-186(A)).
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 21 st day of
February , 1978 by the following vote, to wit:
AYES: Councilman Lewis, Packard and Councilwoman Casler
NOES: Councilmen Frazee and Skotnicki
ABSENT: None
C. FRAZEE, Mav^o
ATTEST:
E. ADAMS,*City Clerk
''4 SEAL)'.....
2.
0 250 5C500 FEET
i •
ZC-l86(a)
FROM R-H5,OC
t-, TO .R-l-iO,OOCJ * * *"•••'. " *-
EXHIBIT B ' ' :- '
1-5-78 ,-• •
LOTS' CONSIDERED FOR REZONING TO
R-l-10,000 AS PER PLANNING COM
MISSION INITIATION