HomeMy WebLinkAbout1995-04-04; City Council; Resolution 95-77II 0 0
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RESOLUTION NO. 95-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING APPLICANT'S APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A GENERAL PLAN AMENDMENT, ZONE
CHANGE AND SITE DEVELOPMENT PLAN FROM RESIDENTIAL MEDIUM/OFFICE AND RESIDENTIAL PROFESSIONAL TO COMMUNITY COMMERCIAL AND
GENERAL COMMERCIAL ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF EL CAMINO REAL AND
NORTH OF ITS INTERSECTION WITH CARLSBAD
VILLAGE DRIVE
APPLICANT : CAMINO VILLAGE
CASE NO. : GPA 94-02/ZC 94-01/SDP 94-02
WHEREAS, a verified application for a tentative
certain property to wit:
Parcels 2, 3, and 4 as shown at page 13206 of parcels filed in the office of the County Recorder of San Diego County, March 14, 1984, together with that portion of lot 5 in Section
32, Township 11 south, Range 4 West, San Bernardino Meridian, according to official plat thereof, being in the City of Carlsbad, County of San Diego, State of California,
has been filed with the City of Carlsbad and referred
Planning Commission; and
WHEREAS, the Planning Commission did on January :
hold a duly noticed public hearing as prescribed by law to (
said application for General Plan Amendment (GPA 94-02
Change (ZC 94-01) and Site Development Plan (SDP 94-02); i
WHEREAS, the Planning Commission did on January
after hearing and considering all the evidence and testimon
people desiring to be heard adopted Resolutions No. 3719,
3721 denying the application for General Plan Amendment
02), Zone Change (ZC 94-01) and Site Development Plan (SDP
and
WHEREAS, the applicant appealed the decision
Planning Commission to the City Council; and
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WHEREAS, on March 21, 1995 the City Council of tl
of Carlsbad held a duly noticed public hearing as prescribed
to consider said appeal at which time the Council conside;
arguments and evidence concerning the appeal; and
WHEREAS, at said public hearing after considerai
all the evidence, testimony, argument of those persons pres
desiring to be heard the City Council directed the City Atto
prepare documents which would deny the appeal and without pr
uphold the Planning Commission's decision,
NOW, THEREFORE, BE IT RESOLVED by the City Counci:
City of Carlsbad, California, as follows:
1. That the above recitations are true and cor1
2. That the findings and conditions of E
Commission in Resolutions No. 3719, 3720, and 3721 on file
City Clerk's office and made a part hereof, constitute the f
and decision of the City Council.
3. That the Planning Commission's denial of Gene]
Amendment (GPA 94-02), Zone Change (ZC 94-01) and Site Deve
Plan (SDP 94-02) is hereby confirmed and the appeal 1
decision is denied based upon the facts set out in the :
Department Staff Report dated January 18, 1995, the evidenc
the Planning Commission, the evidence as set forth in City
Agenda Bill No. 13,066, and the testimony before the City
all of which are incorporated herein by reference. Speci
a. Approval of the land use chan!
implementation of the site plan would require the addit:
median break and traffic signal midway between Hosp
Carlsbad Village Drive on El Camino Real which would be cor
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1 City Engineering standards and in staff I s opinion would f
2 deteriorate the quality of traffic flow on El Camino Real.
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the General Plan Land Use Element Commercial Implementing 4
b. The proposed change would be inconsister
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be discouraged south of Hosp Way. 6
and action program C.13 which states that strip commercial
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Trade Area (PTA) established by the Development and Demo! a
c. There are existing parcels within the !
Study, dated February 1994, which already have a COI 9
10 Commercial designation that when developed will be more ce
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d. The subject site is the last remaining 12
located to the community than the proposed site.
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9 'I 02 15 preclude the opportunity for a Residential Professional USE
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18 the transition between residential and commercial devel
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Because the site is 'an area that transitions from resider:
the west, south and east to commercial on the north
designation is most appropriate.
4. This action is final the date this resol1
adopted by the City Council. The provision of Chapter 1.1
Carlsbad Municipal Code; "Time Limits for Judicial Reviel
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
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e e
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
become 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 Carlsbad Village Drive, Carlsbad, California 92008.”
PASSED, APPROVED AND ADOPTED at a Regular Meeting
City Council of the City of Carlsbad on the 4th day of J
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin
NOES: Council Members Finnila, Hall
ABSENT : None
ATTEST :
ALETHA L. RAUTENKRANZ, City Cyerk
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