HomeMy WebLinkAbout1985-03-26; City Council; Resolution 7945I
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RESOLUTION NO. 7945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DENYING GPA/LU 84-10/2C-313/
SP-197 AN 11 ACRE RECREATIONAL COMMERCIAL AREA
GENERALLY LOCATED ON THE SOUTH SIDE OF ADAMS STREET
AND HARRISON STREET BETWEEN HOOVER STREET AND
INTERSTATE 5.
APPLICANT: CITY OF CARLSBAD
CASE NO.: GPA/LU 84-1O/ZC-313/SP-197
WHEREAS, on January 23, 1985 the Carlsbad Planning
Commission adopted Resolution No. 2411 recommending approval
Zone Change ZC-313 from R-1-15,000 to R-T (Residential-Tourist)
on property generally located on the south side of Adams Street
and Harrison Street, on the west side of Hoover Street, east of
Interstate 5; and
WHEREAS, on January 23, 1985 the Carlsbad Planning
Commission adopted Resolution No. 2412 recommending approval of
Specific Plan SP-197, establishing permitted uses and developmeni
standards for Snug Harbor; and
WHEREAS, the Land Use Planning Manager has determined
that the environmental impacts of said zone change and specific
plan have been already considered in conjunctin with another
project and previously certified environmental documents and,
therefore, issued a Notice of Prior Environmental Compliance on
January 17, 1985: and
WHEREAS, the City Council at their meetings of March 5,
1985 and March 19, 1985 conducted public hearings to consider tht
recommendations and heard all persons interested in or opposed tc
zone change ZC-313 and specific plan R-T (Residential-Tourist);
and
WHEREAS, the recommended act ions would bring the zoning
into compliance with the General Plan and the Agua Hedionda Land
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Use Plan, however, after extensive testimony from the residents
in the area to the effect that commercial uses in the area were
inappropriate due to the fact that the area is isolated and
completely surrounded by low density residential and served by
inadequate, substandard two lane streets which could not handle
the traffic to be generated by the proposed commercial uses, the
City Council made a determination that the appropriate land use
for the area is residential.
NOW, THEREFORE BE IT RESOLVED, by the City Council of
the City of Carlsbad, Callifornia as follows:
1. That the above recitations are true and correct.
2. That the zone change, specific plan and general
plan amendment are denied.
3. That Council recognizes their obligation to make the
zoning and general plan designations for the property consistent.
Council has found that the existing residential zoning on the
property is appropriate and it is hereby reaffirmed. Therefore,
the City staff is directed to institute hearings as soon as
possible to amend the the Land Use Element of the General Plan
and the Agua Hedionda Local Coastal Plan to provide for
residential uses compatible with the surrounding area for the
property, thereby making the plans consistent with the underlying
residential zoning. ...
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4. 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. A 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 9 2008. "
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 26 th day of March , 1985 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Xulchin and Pettine
NOES: None
ABSENT: Council Member Chick
MARY H. CPSLER, Mayor ATTEST : i/
&i'9&bd, b4?& ALETHA L. RAUTENKRANZ, Citg Clerk