HomeMy WebLinkAbout1978-11-21; City Council; Resolution 561819
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RESOLUTION NO. 561 8
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AMENDED CONDITIONAL USE PERMIT (CUP-118 (A) ) TO PERMIT OCCUPANCY
OF THE MAGEE HOUSE SUBJECT TO CERTAIN
CONDITIONS AND GRANTING AN APPEAL OF
THE PLANNING COMMISSION’S DECISION
IN REGARDS TO SAID CONDITIONS.
WHEREAS, the City of Carlsbad applied for an amendment of
Conditional Use Permit (CUP-l18(A)) to allow the occupancy of the
Magee House prior to the satisfaction of certain conditions of
the Conditional Use Permit; and
WHEREAS, the Planning Commission of the City of Carlsbad
did on September 13, 1978 hold a duly noticed public hearing
to consider the application of the City of Carlsbad to permit
occupancy of the Magee House, property of which is generally
located on the north side of Beech Avenue between Garfield
Street and Carlsbad Boulevard, and more particularly described
as :
Portion of Block 3 of Carlsbad, County of San Diego,
State of California, according to map thereof No. 775,
filed in the Office of County Recorder of San Diego
County. February 15, 1894, and more particularly
described in application on file in the City Planning
Office;
and
WHEREAS, the Planning Director has determined that said
Conditional Use Permit will have a nonsignificant impact on the
environment, 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;
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WHEREAS, at the conclusion of said hearing, the Planning
Commission adopted Resolution No. 1469 approving the request
to amend the Conditional Use Permit subject to certain conditions;
and
WHEREAS, the Planning Commission's decision was appealed
to the City Council; and
WHEREAS, the City Council, on October 17, 1978, held a
duly noticed public hearing to consider the appeal, at which time
they indicated their intention to grant the appeal in regards
to some of the conditions on the permit and returned the matter
to the Planning Commission for further report; and
WHEREAS, a duly noticed public hearing was held by the
Zity Council on November 7, 1978, at which time they received
the Planning Commission's report, heard all persons interested
in or opposed to the proposed amendment to CUP-l18(A) and deter-
nined to grant the appeal.
NOW, THEREFORE, BE IT MSOLVED by the City Council of the
Jity of Carlsbad, California, as follows:
A. That the above recitations are true and correct.
B. That CUP-l18(A) for the Magee House is amended to
Irovide that the City may immediately occupy and use the Magee
louse subject to the following conditions:
1.
2.
3.
The uses proposed for this building be approved by
the City Council and that these uses will not be
of a nature that promotes the congregation of great
numbers of people or could possibly have a damaging
effect on the structure such as a carpentry shop
and tap dancing.
The building shall be inspected to meet all building
and safety codes prior to occupancy.
Occupancy shall not be permitted until the City Manager
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determines the the construction contractor has met
all obligations.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad on the 21st
1978 by the following vote, to wit:
day OfNovember
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
NOES: None Councilwoman Casler
RONALD C. PACKARD, Mayor
ATTEST :
(SEAL)
3.