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Home My WebLink About1983-03-15; Housing & Redevelopment Commission; Resolution 23t v 0 1 I/ RESOLUTION NO. 23 2 3 4 5 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMI! THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APE A REDEVELOPMENT PERMIT TO REMODEL AND ENLARGE THE DRIVE-THRU RESTAURANT ON PROPERTY GENERALLY LOCATE EAST SIDE OF HARDING STREET, NORTH OF ELM AVENUE. APPLICANT : BAKER BURGER DRIVE-THRU CASE NO.: RP/CUP 82-11 6 ii WHEREAS, a verified application has been filed wit 71ity of Carlsbad and referred to the Housing and Redevelop 'i ommi ss ion ; and WHEREAS, said verified application constitutes a 7 10 rovided by Title 21 of the Carlsbad Municipal Code: and l1 !I WHEREAS, pursuant to the provisions of the Municil l2!he Housing and Redevelopment Commission, on the 15th day ( ,,t 983, held a duly noticed public hearing to consider said pplication on property described as: 14 15 16 1'7 Lots 5, 6, 7 and 8 of Block 67, Town of Carlsbad amenc according to map thereof No. 775, filed in the office County Recorderp March 12, 1915. WHEREAS, at said public hearing, upon hearing and 18 19 20 21 22 edevelopment Commission of the City of Carlsbad as follow 23 ) That the foregoing recitations are true and correct. 24 ) That based on the evidence presented at the public he 25 Housing and Redevelopment Commission recommends APPRO W/CUP 82-11, based on the following findings and sub 26 the following conditions: onsidering all testimony and arguments, if any, of all pe esiring to be heard, said Commission considered all facto elating to RP/CUP 82-11. NOW, THEREFORE, BE IT HEREBY RESOLVED by the HouS 27 Findings: 28'1) Village Design Manualp as discussed in the staff repa That the proposed project is consistent with the goal * I1 w 0 1 2 :I 3 4 5 ! ) That the requested use is necessary and desirable for development of the community, is essentially in harmor the various elements and objectives of the general plz is not detrimental to existing uses or to uses specifj located as discussed in the staff report. permitted in the zone in which the proposed use is to i) That the site for the intended use is adequate in sizt shape to accommodate the use as discussed in the stafj 64) That all of the yards, setbacks, walls, fences, lands1 and other features necessary to adjust the requested I provided and maintained as discussed in the staff rep( 3) That the street system serving the proposed use is ad1 7 existing or permitted future uses in the neighborhood 8 9 properly handle all traffic generated by the proposed discussed in the staff report. 10 11 icies and ordinances since: 5) The project is consistent with all city public facili, 12 13 14 15 16 a) All necessary public improvements have been provil will be required as conditions of approval. b) The applicant has agreed and is required by the i of an appropriate condition to pay a public facil Performance of that contract and payment of the f enable this body to find that public facilities w available concurrent with need as required by the Plan. :: ' :I [' This project will not cause any significant environme impacts and a Conditional Negative Declaration has be by the Land Use Planning Manager on January 28, 1983 approved by the Design Review Board on February 9, 19 19 20 Conditions: 1) Approval is granted for RP/CUP 82-11, as shown on Exh file in the Land Use Planning office. Development sh conditions. 21 substantially as shown unless otherwise noted in thes 22 and B, dated February 9, 1983, incorporated by refere 23 2) This project is approved upon the expressed condition 24 building permits will not be issued for development c subject property unless the City Engineer determines facilities are available at the time of application f sewer permits and will continue to be available until occupancy. 27 /// 28 .2 /I w e 19 I 20 21 22 23 24 25 26 27 28 '1 1 1 12) This project i applicant shal Council Policy s approved upon the expressed condition 1 pay a public facilities fee as require ' No. 17, dated April 2, 1982, on file wj City Clerk and incorporated herein by reference, and E to the agreement executed by the applicant for payment fee, a copy of that agreement, dated February 1, 1983, file with the City Clerk and incorporated herein by rc If said fee is not paid as promised, this application be consistent with the General Plan and approval for 1 project shall be void. Approval of this request shall not excuse compliance I sections of the Zoning Ordinance and all other applic; ordinances in effect at time of building permit issual The applicant shall prepare a detailed landscape and : plan which shall be submitted to and approved by the 1 Planning Manager prior to the issuance of building pel All parking lot trees shall be a minimum of 15 gallon: size. All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debrir Any signs proposed for this development shall be desi( conformance with the City's Village Design Manual and require review and approval of the Land Use Planning 1 prior to installation of such signs. A uniform sign program for this development shall be ~ to the Land Use Planning Manager for his review and a: prior to occupancy of any building. Trash receptacle areas shall be enclosed by a 6-foot masonry wall with gates pursuant to city standards. of said receptacles shall be approved by the Land Use Manager. All roof appurtenances, including air conditioners, s architecturally integrated and shielded from view and buffered from adjacent properties and streets to the satisfaction of the Land Use Planning Manager and Bui Planning Director. This redevelopment/conditional use permit is granted period'of five years. This conditional use permit sh reviewed by the Land Use Planning Manager on a yearly determine if all conditions of this permit have been that the use does not have a significant detrimental surrounding properties or the public health and welfa the Land Use Planning Manager determines that the use significant adverse impacts, the manager shall recomm .3 ,. . 1 2 3 4 5 6 7 8 9 10 11 13) v m the Design Review Board, after providing the permittel opportunity to be heardF add additional conditions to the significant adverse impacts. This permit may be any time after a public hearing, if it is found that has a significant detrimental affect on surrounding 1 herein have not been met. This permit may be extende reasonable period of time not to exceed five years up application of the permittee made not less than 90 da to the expiration date. In granting such extension, Design Review Board shall find that no substantial ad affect on surrounding land uses or the public's healt welfare will result because of the continuation of th permitted use. If a substantial adverse affect on su land uses or the public's health and welfare is found extension shall be considered as an original applicat conditional use permit. There is no limit to the num extensions the Design Review Board may grant. The existing free-standing sign shall be removed prio occupancy of the building. and the publie's health and welfare, or the condition 12 13 14) A revised parking lot plan shall be submitted to the and 22 and replace with landscaping and widen space t permit,. The revised plan shall delete parking spaces 14 through fourteen to nine feet. 15 PASSED, APPROVED AND ADOPTED at a regular meeting 16 Housing and Redevelopment Commission of the City of Carlsk 17 vote, to wit: 18 California, held on the 15th day of March, 1983, by the fc Planning Manager for approval prior to issuance Of a 19 i AYES : Ccarsnissioners Casler, Lewis, Kulchin, Chick and Prc 2o i/ NOES: None 21 22 23 ABSTAIN: None c& d- L I MARY H. EASLER, Chairpc 25 24 I ATTEST : 26 27 28 II .4