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HomeMy WebLinkAbout1975-07-09; Planning Commission; Resolution 1169.- I1 0 * li 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 PLANNIO~G~COMMISSIOW~RESOLUTION~NO.~l169 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING THE CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A RESTAURANT ON PROPERTY LOCATED ON THE EAST SIDE OF LOWDER LANE BETWEEN PALOMAR AIRPORT ROAD AND CAMINO DEL PARQUE. APPLICANT: JESUS AND ERMA OJEDA CASE NO. - CUP-109 WHEREAS, a verified application for a certain property, to wit: That portion of Parcel A, in the City of Carlsbad, County of San Diego, State of California, as shown on Parcel Map No. 1477, on file in the Office of the County Recorder of said County, described as follows: Beginning at the most Southerly corner of said Parcel A, said corner being in the arc of a 908.00 foot radius curve concave northeasterly, a radial line to said point bears south 60 09'45" West; thence northerly along the arc of said curve through a central angle of 14 17'15", a distance of 226.42 feet to a point in the arc of said curve to which a radial line bears south 74 27100" west; thence leavin{ said curve along said radial line; has been filed with the City of Carlsbad and referred to the Planning Commission; and, 16 Title 21 of the "Carlsbad Municipal Code"; and 17 WHEREAS, said verified application constitutes a request as provided b: l8 ll WHEREAS, the applicant has complied with the Public Facility Policy of 19 Public Facilities will be available and current with need; and 20 City of Carlsbad and has provided the necessary information which insures 21 WHEREAS, the subject application has complied with the requirements of 22 appl icant filed an Environmental Impact Assessment of the project and- a 23 the City of Carlsbad "Environmental Protection Ordinance of 1972". The found the following facts and reasons to exist: 29 Commission considered all factors relating to the Conditional Use Permit anc 28 mony and arguments, if any , of a1 1 persons who desired to be heard , said 27 WHEREAS, at said public hearing, upon hearing and considering the testi 26 filled and graded and pub1 ic improvements instal led to accommodate developmf 25 negaltbve environmental effect was determined because the project site has bc 24 30 31 32 1) General Plan Consistency: The Land Use Element of the General Plan designates the project site for Planned Industrial Use. The Element states that "the industrial activities and related servict provided in an industrial area should perform functions necessary and desirable in the overall operation of the industrial area. Tt proposed project performs a support function in the operation of 1 industries and as such is an appropriate use for the site. 1 W W 2) Environment: The project has been given a negative declaration fc the f ol 1 owing reasons; 2 3 a) The project site has been filled and graded to accomodate development. 4 5 61 71 I b) Public improvements such as curbs and sidewalks with trees a$ existing. ~ 3) Pub1 ic Uti1 ities: City requirements are met currently, or will be met subject to conditions prior to issuance of a building perm' NOW, THEREFORE, BE IT RESOLVED by the P1anning.Commission of the City ( 8 Carlsbad as follows: 9 A) That the above recitations are true and correct. 10 11 12 13 14 15 16 17 18 19 B) That a Conditional Use Permit is approved to allow construction o- of a Restaurant on property located on. the east side of Lowder tal between Palomar Airport Road and Camino Del Parque, and is subjec. to the following conditions: 1) The approval is granted for the land described in the applice and as shown. on the revised plot plan submitted labeled Exhibit B, dated 7-9-75. The location of all buildings, fen( roadways, parking areas, landscaping and other facilities or features shall be located substantially as shown on this plol ptan. 2) Only "monument sign 'I, defined as a low profile freestanding structure-attached or constructed upon a solid foundation thz extends at least % of the width and length of the sign,. or attached signs will be permitted on the subject property subject to conformance with sign ordinance requirements. The monument sign shall not exceed a height of 6' area of 40 sq. per sign face. 20 21 3) An industrial waste permit is required from the County Health Department prior to issuance of a building permit. 22 23 -, 4) The site will be paved with a minimum 2" of asphaltic concret over a minimum 6" of decomposed granite over a compacted sub- base, to the satisfaction of the City Engineer. .. 24 25 26 27 28 29 5) Applicant shall participate in the installation of a water meter, pressure reducing valve, vault and appurtenances, in Lowder Lane, at the Carlsbad City Water Division, Carlsbad Municipal Water District boundary, based on the conditional use's pro-rata share of total local required fire flow or anJ other such method of apportioning benefit from such improveme ~ 1 6) A parcel map shall be required prior to issuance of bui 1 ding permits and joint easement rights for mutual ingress and egre across the eastern property line shall be made part of the recordation of subject parcel map." 30 xxxxx 31 XXXXX xxxxx 32 - 2- - 1 2 3 4 5 6 I 7 8 9 10 11 12 13 14 15 16 17 18 19 0 e PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carl si Planning Commission held on July 9, 1975 by the following vote, to wit: AYES: Commissioners Fikes, Jose, L'Heureux, Packard NOES : None ABSENT: Commissioners Dominguez, Watson ATTEST: Donald A. Agatep, Secretary I I 20 21 22 23 24 25 26 27 28 29 30 31 32 c -3-