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HomeMy WebLinkAbout1974-07-02; City Council; Resolution 34501 2 3 4 5 6 7 8 9 10 11 1% 12 n 14 a >0 t 2c 21 22 22 24 25 2c 27 2€ 29 3c 31 32 0 RESOLUTION NO. 3450 A RESOLUTION OF THE CITY COUNCIL F THE CITY OF CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS, GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION, AND APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE-THRU RESTAURANT, NAMELY,CARL’S JR. RESTAURANT, (CUP-93) LOCATED AT 952 ELM AVENUE. APPLICANT: CARL KARCHER ENTERPRISES,INC. WHEREAS, the Planning Commission of the City of Carlsbad did on March 26, 1974 and April 9, 1974 hold duly noticed public hearings to consider the application of Carl Karcher Enterprises, Inc. for a Conditional Use Permit for a drive-thru restaurant to be called Carl’s Jr. Restaurant, located at 952 Elm Avenue in the City of Carlsbad, and more particularly described as: That portion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1661 filed in the office of the County Recorder on March 1, 1915, and WHEREAS, the subject application is in compliance with the City of Carlsbad Environmental Protection Ordinance of 1972 in that it has been determined that it does not involve significant environmental effects; and WHEREAS, at the conclusion of said hearings the Planning Commission, after making certain findings, denied the permit; and WHEREAS, the applicant filed an appeal with the City Counci of the determination of the Planning Commission seeking relief from said denial; and WHEREAS, the City Council at their meeting of May 21 f 1974 held a public hearing to consider the appeal and determined to refer the matter back to the Planning Commission for report; and WHEREAS, the Planning Commission has reported with addi- tional reasons that they persist in their denial; and WHEREAS, the City Council after considering all relevant factors makes the following findings: 1 2 ? 4 E E r 1 E < 1( 1: 1: 1; 2( 2: 21 2; 21 21 21 2’ 2r 2‘ 31 3 3 I- 0 - City of reasons 1. and potential uses in the C-2 Zone, That the proposed use is compatible with existing 2. That problems relating to internal and external cir- culation can be adequately mitigated through changes in site design, 3. That the proposal does meet the intent of the Zoning Ordinance and General Plan and fulfills the necessary findings for the granting of a Conditional Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Carlsbad as follows: A. That the above recitations are true and correct. B. That the Conditional Use Permit is granted for the set out in this resolution. C, That the Conditional Use Permit is granted subject to the following conditions: 1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A. The loca- tion of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit B, except or unless indicated otherwise herein. 2. Unless the use is inaugurated not later than one year after the date the approval is granted, and is dili- gently pursued thereafter, this approval will automati- cally become null and void. 3. Any minor change may be approved by the Planning Director. Any substantial change will require the filing of an application for an amendment to be considered by the Planning Commission. 4. All requirements of any law, ordinance or regula- tion of the State of California, City of Carlsbad, and any other governmental entity shall be complied with. 5. Prior to obtaining any building permits, the appli- cant shall submit to the Planning Director a revised plot plan, in triplicate, showing the changes and conditions as required by the Planning Commission. 6. Prior to obtaining a building permit and within 30 days hereof the applicant shall file with the Secretary of the Planning Commission written acceptance of the condi- tions stated herein. 7. All lighting shall be arranged to reflect away fror adjoining properties and streets. 8. All outside storage areas shall be screened from adjacent property and streets. 9. The lighting of the sign shall be accomplished in 2. such a manner that there shall be no reflection on adjacent properties or streets which may be considered either ob- jectionable by adjacent property owners or hazardous to motorists. 10. An incombustible trash enclosure shall be provided of a size and location acceptable to the Planning Director, and said area shall be enclosed with a fence and/or wall of sufficient height to adequately shield the area. Said fence and/or wall shall include a solid gate. 11. All utilities including electrical, telephone and cable television shall be completely concealed from view. 12. All utilities to any structure approved herein shall be supplied by underground feed. 13. There shall be no ingress or egress to the prop- erty except for those shown on the plot plan labeled Exhibit A and as approved by the City Engineer. Any such ingress or egress shall have a width of not less than 28 feet nor greater than 35 feet, and such entrance shall be surfaced and improved as required by, and in accordance with, the standards and specifications of the City Engineer's office. 14. Street trees as required by the City shall be installed by the applicant at their expense. Trees shall be of a type approved by the Parks Department and shall be installed to their specifications. If removal of any existing trees is required by the City, said removal shall be at the applicant's expense. It shall be the respon- sibility of the applicant to make all arrangements with the Parks Department concerning the requirements of this condition. 15. The Conditional Use Permit shall expire when the use for which it is granted is discontinued for a period of thirty consecutive days or more. 16. The applicant shall submit a revised plot plan which will reflect the following: (a) The elimination of the two parking stalls to the east of the driveway onto Elm Avenue and the elimination of the end stall just north of the entrance to the drive-thru lane. (b) Relocation of the drive-thru lane in order to facilitate turning movements. 17. The applicant will be required to file a parcel map prior to creating a lease line for use on the rear portion of the property. 18. The applicant shall replace the existing fire hydrant at Grand Avenue and Hope Street per City specifi- cations prior to commencing construction, 19. The applicant shall make full street improvements along Elm Avenue per City specifications, 3. 20. Alley improvements shall be constructed on Hope Street from Elm Avenue to the northerly property line in a manner acceptable to the City Engineer. 21. All signs shall conform to the Sign Ordinance. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of July , 1974, by the following vote, to wit: AYES : Councilmen Frazee, Chase, McComas and Lewis NOES : None ABSENT: None FRAZEE, &I& or ATTEST : (SEAL) 4.