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HomeMy WebLinkAbout1977-06-14; City Council; Resolution 51111 2 3 4 5 6 7 8 9 10 11 20 21 22 23 24 25 26 27 18 19 c - 0 change of zone will have a nonsignificant impact on the environ- ment and a Negative Declaration has been prepared and filed in satisfaction of the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 and the California Environmental Quality Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: A. That the above recitations are true and correct. RESOLUTION NO. ’ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DECISION REGARDING CHANGE OF ZONE (ZC-192) FROM R-1-7500 TO RD-M-Q ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HARRISON STREET BETWEEN CHINQUAPIN AVENUE AND LOCUST AVENUE. APPLICANT: TOM BEVILAQUA (AGENT) WHEREAS, on April 27, 1977 a duly advertised public hearing was held before the Planning Commission in the manner prescribed by law to consider a change of zone from R-1-7500 to RD-M-Q on property as shown on map marked ZC-192, Exhibit A, attached hereto and made a part hereof; and WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. 1363 recommending said zone change which is herewith referred to and made a part hereof; and WHEIIEAS, on May 17, 1977, the City Council held a public hearing on the matter, received all recommendations and heard all persons interested in or opposed to the proposed change of zone; and WHEREAS, the Planning Director has determined that said 28 B. That the findings of the Planning Commission, 1 2 3 4 5 6 7 8 9 10 I1 12 0 0 k 18 19 20 21 22 23 24 25 26 27 28 contained in the aforementioned Resolution No, 1363, constitute the findings of the Carlsbad City Council except in regards to the public facilities element of the general plan in regards to sewers. In that regard the Council's findings shall be as follows 1. On April 26, 1977 the City Council, by the adoption of Ordinance No. 7047 applied a City-wide building moratorium to the City of Carlsbad due to a lack of capacity in the Encina Water Pollution Control Facility. 2. This application was in process at the time the moratorium was applied and was therefore allowed to continue processing under the terms of the ordinance. 3. The proposed zone change is in accord with the land use element of the general plan and will bring the zoning applicable to the property into conformity with the general plan as required by state law, 4. The approval of this zone change will not necessitate any immediate added demands on the sewer system since building permits may not be obtained as long as Ordinance No. 7047 remains in effect. Furthermore, the City Council intends by including in the ordinance appropriate conditions to the effect that build- ing permits will not issue without sewer to insure that the property cannot develop until necessary public facilities are available and that development of the property would be subject to any sewer allocation system that the City Council may hereafter adopt. C. That for all of the above reasons the City Council is satisfied that the purposes and intent of the public facilities element have been satisfied for this particular approval. 2. PASSED, APPROVED AND ADOPTED at a meeting of the City Council of the City of Carlsbad, California at / regular meeting an adjourned held on the 14th day of June , 1977 by the following vote, to wit: AYES : Councilmen Frazee and Packard, and Councilwoman NOES : Councilmen Lewis and Skotnicki Casler ABSENT: None ; OBERT C. FRAZEE, May r ATTEST : A (SEAL) 3. JAP.. . -- .- - -. -- . -. -. 0 0. .. *. .. __ FORE: PLANKING 52 *.