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.
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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
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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
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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)
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