HomeMy WebLinkAbout1982-12-21; City Council; Resolution 7099. *.
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RESOLUTION NO. 7099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DENYING A CHANGE OF
ZONE FROM R-1 10,000 TO CTQ, RPQ AND OS ON
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF HIGHWAY 78 BETWEEN THE TWO HAYMAR DRIVE
CUL DE SACS (ZC-264 SOUTHERS).
WHEREAS, the Planning Commission on October 27, 1982
held a duly noticed public hearing as prescribed by law to
consider a request for a change of zone from R-1 10,000 to CTQ,
RPQ and OS on property generally located on the south side of
Highway 78 between the two Haymar Drive cul de sacs; and
WHEREAS, at the conclusion of the hearing the Planning
Commission, by the adoption of Resolution No. 2043 recommended
approval of the zone change; and
WHEREAS, the City Council at their meeting of November
16, 1982 by motion approved EIR 82-5 for the aforesaid property
in satisfaction of the requirements of the Carlsbad
Environmental Protection Ordinance and the California
Environmental Quality Act.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California as follows:
A. That the above recitations are true and correct.
B. That said zone change is denied for the following
reasons :
1. The zoning, as proposed, may cause significantly
adverse effects on the environment.
2. The change is premature for this site because the
property has been placed within a General Plan combination
district which requires the submittal of the specific plan for
the property prior to the adoption of zoning.
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C. This action of denial is final the date this
resolution is adopted by the City Council. The provision of
Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for
Judicial Review" shall apply:
"NOTICE TO APPLICANT"
The time within which judicial review of this
decision must be sought is governed by Code of Civil
Procedure, Section 1094.6, which has been made
applicable in the City of Carlsbad by Carlsbad
Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day
following the date on which this decision becomes
final; however, if within ten days after the decision
becomes final a request for the record of the
proceedings accompanied by the required deposit in an
amount sufficient to cover the estimated cost of
preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the
record is either personally delivered or mailed to the
party or his attorney of record, if he has one.
written request for the preparation of the record of
the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Elm Avenue, Carlsbad, California
92008 .'I
A
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 21st day of , 1982, by the following
vote, to wit:
AYES : Council ktmbers Casler, Lewis, Kulchh, Chick and Prescott
NOES : ?lone
ABSENT: None
I- -
MARY H. $ASLER, Mayor
ATTEST :
2.