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HomeMy WebLinkAbout1979-11-20; City Council; 3869-4; Report back from Planning Commission - V 290 - Applicant: Zipser( CITY OF CARLSBAD AGENDA BILL NO.3869-Supplement 4 Initial: Dept.Hd. __ _ DATE: ____ ,'-"'N~o~v~e~m=b=e=r=--2=0~,-J~9~1-9,_ ______ _ C. Atty. \/fl3 DEPARTMENT: __ C~1~·t~v~--A~t_t=o=r=n~e~Y-----------C. Mgr.·-__ _ Subject: REPORT BACK FROM PLANNING COMMISSION, VARIANCE NO. 290 APPLICANT: ZIPSER Statement of the· Matter The City Council, at your meeting of November 6, 1979, directed the City Attorney to prepare the necessary documents granting the appeal and approving Variance 290. A resolution in that regard is attached. Exhibits Resolution No. 5 2? L .. Recommendation Ii the Cotincil coricurs, your action is to adopt Resolution No. S9rtf"' Council Action: 11-20-79-Coun~il _adopte1 ~esolution 5988~ granting an appeal of Planning Comm1ss1on dec1s1on, and approving Variance V-290, to allow a reduction in the required visitor parking. 1 l 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 RESOLUTION NO. 5988 A RESOLUTION 0~ THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION, AND APPROVING A VARIANCE (V-2 90 ( 1) ) FROM SECTION 21. 4 7 .130 ( 2} TO ALLOW A REDUCTION IN THE REQUIRED VISITOR PARKING FROM TWO SPACES TO ONE SPACE ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF OCEAN STREET BETWEEN PACIFIC-AVENUE AND OCEAN STREET. APPLICANT: STANLEY ZIPSER. WHEREAS, on May 9, 1979, the Carlsbad City Planning Commission adopted Resolution No. 1519, which is herewith referred to and made a part hereof, denying a Variance (V-290(1)) from Section 21.47.130(2) to allow a reduction in visitor parking, on pr.operty: generally located on the west side of Ocean Street between Pacific Avenue and Ocean Street, more particularly described as: and; Lot 2, Granville Park, in the County of San Diego, State of California, according to Map thereof No. 1782, filed in the Office of the Recorder of San Diego County, February 21, 1924, excepting therefrom that portion thereof, if any, lying below the mean high tide line of the Pacific Ocean; WHEREAS, the City of Carlsbad has determined Variance 290(1} to be exempt from environmental review according to Section 19.04.090(c} (4) of the Carlsbad Environmental Protection Ordinance which exempts minor alterations in land use limitations; and WHEREAS, The applicant filed an appeal with the City Council of the determination of the Planning Commission seeking relief from said denial; and WHEREAS, duly noticed public hearings were held by the City Council on June 19, 1979, July 3, _1979, August 21, 1979 and ' 1 2 3 4 5 6 7 8 g 10 11 12 □ <i co co 13 CJ) ...J 0 0 . a: N a: <i (J) --, (.) 14 a' u. w ~ 00~~ 5>-!go 15 ·wt:<(~ (.)::;; ...J u: ' ....I <i 1->-~<-: 16 zWoO ~~~~ 2 0 CJl 17 -I-...J > I-a: <i <i >-(.) I-18 u 19 20 21 22 23 24 25 26 27 28 -- September 18, 1979 to consider the appeal, to hear all persons interested in or opposed to the variance and to consider the decision of the Planni~g Commission, at which time it was determined to .refer the matter back to the Planning Commission for reconsideration and further report; and WHEREAS, the City Council, at their meeting of November 6, 1979 reviewed and considered said Planning Commission report and new recommendations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: A. That the above recitations are true _and correct. B. That the findings of the City Council are the· .findings recommended in the Planning Director's report to the City Manager, dated November 1, 1979, on file in the Planning Department and incorporated by reference herein. C. That the appeal of Mr. Zipser of the Planning Commission decision to deny Variance 290(1) is hereby granted. D. That the City Council hereby approves Variance 290(1) subject to the satisfaction of the following conditions: 1. Development shall be substantially as shown on Plot Plan Exhibit "B" --"Proposed Parking and Driveway", on file in the Planning Department and incorporated by reference herein. 2. The applicant shall enter into an agreement with the City, ensuring that participation in a parking district, if in the future such district is formed in this area. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the20th day of November -2- l 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 - 1979, by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: None ABSENT: None ~~~ . RONALD C. PACKARD, .Mayor ATTEST: ALETHA L. RAUTENKRANz,Cityeler (SEAL) -3-