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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. - Q. ra WCO Q_J <~ , i£ £ - ° f o > 1 o CO " ~11 0 S _! •^ Ji- w O 1- I-J 0 -•z. E o q .00" "s "- ciS .< cc p. 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 26 27 28 29 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 Q< O. so 01ffl K uj o -r:- 2; ° QL.I c.: f4 <cj o OJ ir H '"° >- O. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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