HomeMy WebLinkAbout1985-02-05; City Council; 8023-1; ZONE CHANGE FROM R-1-10,000 TO RD-M(Q) AND A 104 UNIT TENTATIVE TRACT MAP AND CONDO PERMIT BETWEEN CARLSBAD BLVD AND THE AT&SF RAILROAD AT ANACAPA RD| ZC 308/CT 84-11/CPd ZONE CHANGE FROM R-1-10 000 TO FE-P'I(Q) AND A
1 AB# 8023-#1 TITLE: 104 mrr mmxnw TFAd MAp m CaqmmIw,
MTG. 2/5/85 PERMIT; BEXWEEN CARLSEAD BoULEVAFD AND THE AT&SF
RAILROAD AT ANACAPA FOAD. DEPT. CA ZC-308/CT 84-ll/CP-283 -CARLSBAD RACQUET CLUB
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ClTWF CARLSBAD - AGENOWILL
(REWQTiED TO OCEAbl VISTA) RECOMMENDED ACTION:
If the City Council wishes to deny ZC-308 and CT 84-111
your action is to adopt Resolution No. 7') 03
ITEM EXPLANATION
The City Council at your meeting of January 22, 1985 d: office to to prepare a resolution denying ZC-308, a zor
from R-1-10,000 to RD-M(Q), and CT 84-11/CP-283, a 104 tentative subdivision map and condominium permit for a
generally located between Carlsbad Boulevard and the A'
Railroad at Anacapa Road. In that regard, Resolution F
is attached. Extensive findings are not required sinct change is a legislative act and the CT/CP must be denic
is inconsistent with the existing R-1-10,000 zoning.
The State Planning Act mandates that the City must act
reasonable time to make its general plan and zoning COI
wi Your action, in adopting Resolution No. 7703
the status quo on this property and that is a General
desiqnation for multiple residential and a zone permit These designations are inconsiste our recommendation that the City Council instruct thei take the steps necessary to remove the inconsistency.
Council has decided to leave the zoning as is, that ne
review of the General Plan designation for the propert
family residential.
EXHIBITS
Resolution NO. 7'90 3
NOTE: (City Manager)
It is true that the General Plan and zoning designatic
not identical on this parcel but staff does not agree
state law mandates that one be changed. Case law and
various interpretations recognize that timing is a fa(
It may not be appropriate to change the zone to be coi
Council policy says no changes pending General Plan c committee review. Staff feels no action is needed at
time .
F
with General Plan, example: agriculture. At any rat(
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RESOLUTION NO. 7903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY (
CARLSBAD, CALIFORNIA DENYING 2'2-308 A ZONE CHI
FROM R-1-10,000 TO RD-M(Q) AND OS AND CT 84-1 CP-283, A PROPOSED 104 UNIT TENTATIVE SUBDIVI'
MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERA
LOCATED BETWEEN CARLSBAD BOULEVARD AND THE AT
RAILROAD AT ANACAPA ROAD.
APPLICANT: CARLSBAD RACQUET CLUB (OCEAN VIST
CASE NO.: ZC-308/CT 84-ll/CP-283
WHEREAS, the City Council at their meeting of
22, 1985 conducted a public hearing to consider a proF
change ZC-308 from R-1-10,000 to RD-M(Q) and OS on apg
9.4 acres of property generally located between Carlsk
Boulevard and the AT&SF Railroad at Anacapa Road and i
tentative subdivision map and condominium permit CT 81
for a 104 unit condominium project on said property; <
WHEREAS, at said public hearing after hearinc
considering all the testimony and arguments of all pe
desiring to be heard, the City Council made a legisla
judgment that the proposed zone change is not in the
interest,
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1. That the above recitations are true and
2. That ZC-308 as recommended by Planning (
Resolution No. 2348 is not approved.
3. That CT 84-ll/CP-283 proposing a high dc
multiple residential project on the subject property
permitted use under the existing R-1-10,000 zoning ai
therefore, the tentative subdivision map and condomi
must be and is hereby denied.
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D. This action of denial is final the date t
resolution is adopted by the City Council. The provis
Chapter 1.16 of the Carlsbad Municipal Code, "Time Lim
Judicial Review" shall apply:
"NOTICE TO APPLICANTw
The time within which judicial review of decision must be sought is governed by Code c
Procedure, Section 1094.6, which has been mac applicable in the City of Carlsbad by Carlsbz
Municipal Code Chapter 1.16. Any petition 01
paper seeking judicial review must be filed .
appropriate court not later than the ninetiel following the date on which this decision be( final; however, if within ten days after the becomes final a request for the record of thc proceedings accompanied by the required depo:
amount sufficient to cover the estimated cos1 preparation of such record, the time within I petition may be filed in court is extended tc than the thirtieth day following the date on record is either personally delivered or mai: party or his attorney of record, if he has 01 written request for the preparation of the r'
the proceedings shall be filed with the City City of Carlsbad, 1200 Elm Avenue, Carlsbad,
92008. VI
PASSED, APPROVED AND ADOPTED at a regular me
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vote, to wit:
AYES : Council =rs Casler, Lewis, Kulchin, Chic
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NOES: None i ABSENT: None %!L&/-+ >J P2L.A
MARY H. SLER, Mayor
ATTEST: