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HomeMy WebLinkAbout1978-11-21; City Council; 5615-2; Magee House Report from Planning Commission-- c -. CITY OF CARLSBAD AGENDA BILL NO. 5615-Supplement 2 Initial: Dept . Hd . DATE : November 21, 1978 DEPARTMENT: City Attorney C. Mgr. Subject: CUP-118 (A) MAGEE HOUSE REPORT BACK FROM PLANNING COMMISSION Statement of the Matter The City Council at their November 7, 1978 meeting directed the City Attorney to prepare a resolution granting the appeal of the Planning Commission's denial of CUP-l18(A) and approving the amended conditional use permit to allow the occupancy of the 'Fllagee House subject to certain con- ditions. The resolution is attached. Exhibit Resolution No. L5[0 /r . Recommendation If the City Council concurs, your action is to adopt Resolution No. 56 R . Council action: 11-21-78 Council adopted Resolution 5618, approving an amended Condi tiona Use Permit (CUP-l18(A)) to permit occupancy of the Magee House subject to certain conditions and granting an appeal of the Planning Commission's decision in regards to said conditions. 19 2c 21 22 23 24 25 26 27 28 RESOLUTION NO. 561 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDED CONDITIONAL USE PERMIT (CUP-118 (A) ) TO PERMIT OCCUPANCY OF THE MAGEE HOUSE SUBJECT TO CERTAIN CONDITIONS AND GRANTING AN APPEAL OF THE PLANNING COMMISSION’S DECISION IN REGARDS TO SAID CONDITIONS. WHEREAS, the City of Carlsbad applied for an amendment of Conditional Use Permit (CUP-l18(A)) to allow the occupancy of the Magee House prior to the satisfaction of certain conditions of the Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Carlsbad did on September 13, 1978 hold a duly noticed public hearing to consider the application of the City of Carlsbad to permit occupancy of the Magee House, property of which is generally located on the north side of Beech Avenue between Garfield Street and Carlsbad Boulevard, and more particularly described as : Portion of Block 3 of Carlsbad, County of San Diego, State of California, according to map thereof No. 775, filed in the Office of County Recorder of San Diego County. February 15, 1894, and more particularly described in application on file in the City Planning Office; and WHEREAS, the Planning Director has determined that said Conditional Use Permit will have a nonsignificant impact on the environment, and a Negative Declaration has been prepared and filed in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; 11 1: 15 2c 21 22 22 24 25 26 27 28 WHEREAS, at the conclusion of said hearing, the Planning Commission adopted Resolution No. 1469 approving the request to amend the Conditional Use Permit subject to certain conditions; and WHEREAS, the Planning Commission's decision was appealed to the City Council; and WHEREAS, the City Council, on October 17, 1978, held a duly noticed public hearing to consider the appeal, at which time they indicated their intention to grant the appeal in regards to some of the conditions on the permit and returned the matter to the Planning Commission for further report; and WHEREAS, a duly noticed public hearing was held by the Zity Council on November 7, 1978, at which time they received the Planning Commission's report, heard all persons interested in or opposed to the proposed amendment to CUP-l18(A) and deter- nined to grant the appeal. NOW, THEREFORE, BE IT MSOLVED by the City Council of the Jity of Carlsbad, California, as follows: A. That the above recitations are true and correct. B. That CUP-l18(A) for the Magee House is amended to Irovide that the City may immediately occupy and use the Magee louse subject to the following conditions: 1. 2. 3. The uses proposed for this building be approved by the City Council and that these uses will not be of a nature that promotes the congregation of great numbers of people or could possibly have a damaging effect on the structure such as a carpentry shop and tap dancing. The building shall be inspected to meet all building and safety codes prior to occupancy. Occupancy shall not be permitted until the City Manager 2. 1 2 z 4 F c1 E 7 E 9 1c 11 0 18 19 20 21 22 23 24 25 26 27 28 determines the the construction contractor has met all obligations. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 21st 1978 by the following vote, to wit: day OfNovember AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Councilwoman Casler RONALD C. PACKARD, Mayor ATTEST : (SEAL) 3.