HomeMy WebLinkAbout1977-08-04; City Council; Resolution 5148RESOLUTION NO. 5148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION RECOMMENDATION AND DECISION AND DENY11 G
THE APPEAL FOR A CONDITIONAL USE PERMIT (CUP-136)
FOR A MC DONALD'S FAST-FOOD RESTAURANT, SUBJECT
TO SPECIFIC PLAN APPROVAL, ON PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF EL CAMINO REAL
BETWEN PlARRON ROAD AND HAYMAR DRIVE. APPLICANT:
SANTA ANITA DEVELOPMENT COWORATION.
WHEREAS, on April 27, 1977, and continued to May 11, 1977,
the Carlsbad City Planning Commission adopted Resolution No. 1361,
which is herewith referred to and made a part hereof, denying a
Conditional Use Permit (CUP-136) for construction of a McDonald's
fast-food restaurant, subject to specific plan approval, on
property generally located on the east side of El Camino Real
between Marron Road and Haymar Drive, more particularly described
as :
Those portions of Lots 4 and 5 of fractional section 32,
Township 11 South, Range 4 West, San Bernardino meridian,
according to official plat thereof, being in the City
of Carlsbad, in the County of San Diego, State of California,
as recorded in Assessor's Book No. 167, Parcels 25 and 44;
and
WHEREAS, on May 18, 1977 a proper appeal was filed by;:-khe
applicant in protest of the Planning Commission's denial; and
WHEREAS, an Environmental Impact Report was certified as
complete for a previously issued entitlement for this project,
and the Planning Director has found the Conditional Use Permit
(CUP-136) to be in prior compliance with the City of Carlsbad
Environmental Protection Ordinance of 1972; and
WHEREAS, a duly noticed public hearing was held by the City
Council on July 5, 1977 to consider the appeal of said denial
at which time all persons interested in or opposed to the
proposed Conditional Use Permit were heard and the decision of
the Planning Commission considered;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as set
forth in Planning Commission Resolution No. 1361 constitute the
findings of the City Council.
3. That the City Council hereby denies this appeal. and
affirms the decision of the Planning Commission to deny the
Conditional Use Permit. an adjourned
PASSED, APPROVED AND ADOPTED at/. regular meeting of the
day of City Council of the City of Carlsbad on the 4th
August , 1977, by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki and Councilwoman
NOES : Councilmen Frazee and Lewis Cas1 er
ABSENT: None
ROBERT Yc C. FRAZEE, +? May r
ATTEST :
(SEAL )”
26
27
28
2.