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HomeMy WebLinkAbout2009-07-28; City Council; 19918; Granting appeal night parking on Paseo DescansofcjSc?3% (W&j\^jgj^/ 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 COUNCIL ACTION:APPROVED B DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 RESOLUTION NO. 2009-200 A "RESOLUTION OF THE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 6 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. 26 27 28 1 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 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)