HomeMy WebLinkAbout2009-07-28; City Council; 19918; Granting appeal night parking on Paseo DescansofcjSc?3%
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AB# 19,918
MTG. 7/28/09
DEPT. CA
CITY OF CARLSBAD - AGENDA BILL
GRANTING OF APPEAL, REFUND OF APPEAL
FEES AND DIRECTING PREPARATION OF AN
ORDINANCE RESTRICTING PARKING AT NIGHT
ON PASEO DESCANSO
DEPT. HEAD
CITYATTY. jj^s
CITY MGR. c^
RECOMMENDED ACTION:
2009-200I move that the City Council adopt Resolution No. granting the appeal, refunding
appeals fees and directing the City Attorney to prepare an ordinance for Council action
establishing a No Parking zone at night on Paseo Descanso.
ITEM EXPLANATION:
At its meeting of July 21, 2009, the Council considered the appeal filed by Brian Fennel
appealing from the decision of the Traffic Commission of June 1, 2009 recommending
against the establishment of a No Parking zone from 2:00 a.m. to 5:00 a.m. on Paseo
Descanso. After hearing the appeal and considering the testimony and evidence of all
persons interested in this matter and considering all written documents filed in support and
opposition of the appeal, after due deliberation the City Council granted the appeal and
directed the City Attorney to return with documents formalizing that action.
Those documents are attached. The Council should satisfy itself in that they correctly reflect
its intentions in this matter.
ENVIRONMENTAL IMPACT:
The establishment of a No Parking zone at night on Paseo Descanso is not a project within the meaning
of CEQA Public Resources Code Section 21065 can be seen with certainty that the erection of signs will
not have a reasonably foreseeable direct or indirect physical change in the environment.
FISCAL IMPACT:
There will be a fiscal impact in administrative time to prepare relevant documents, install appropriate
signs and related future enforcement actions.
EXHIBITS:
Resolution No. 2009-200
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED B
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1
RESOLUTION NO. 2009-200
A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, GRANTING OF APPEAL,REFUND OF APPEAL FEES AND DIRECTING4 PREPARATION OF AN ORDINANCE RESTRICTINGPARKING AT NIGHT ON PASEO DESCANSOo
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WHEREAS, Mr. Brain Fennel timely filed an appeal on June 8, 2009 of the Traffic
e Commission's decision of June 1, 2009 denying a request to establish a No Parking zone fromo
g 2:00 a.m. to 5:00 a.m. on Paseo Descanso, and;
1Q WHEREAS, an appeal hearing was held before the City Council on July 21,2009, and;
1 ,j WHEREAS, Council considered the testimony and evidence, both written and verbal of
12 Appellant, and;
13 WHEREAS, the City Council considered and weighed the evidence, both written and
14 verbal, of all persons interested in this matter, and;
15 WHEREAS, after due consideration and careful deliberation, the City Council
16 determined to grant the appeal and to direct the City Attorney to return with the appropriate
17 documents granting the appeal and refunding Appellant's appeal fees and further directing the
18 City Attorney to prepare an ordinance establishing the No Parking zone on Paseo Descanso
19 from its intersection with Carrillo Way and Paseo Privado to its intersection with Paseo Cerro
20 between the hours of 2:00 a.m. and 5:00 a.m.
21 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
22 California, as follows:
23 1. That the appeal of Brian Fennei appealing the decision of the Traffic Commission
24 of June 1,2009 is granted.
25 2. That the fees paid by Appellant be refunded.
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3. That the City Attorney is directed to prepare an ordinance for Council's
consideration establishing a No Parking zone on Paseo Descanso between the
hours of 2:00 a.m. and 5:00 am.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 28th day of July , 2009, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
ATTEST:
LORRAINE
(SEAL)