Loading...
HomeMy WebLinkAbout1977-04-27; Planning Commission; Resolution 13536 ' ll (r L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ~ ~ 19 ~ 1 20 21 22 23 24 25 26 27 I 28 I PLANNING COMMISSION RESOLUTION NO. 1353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, CONCERNING A CON- DITIONAL USE PERMIT REQUEST TO ALLOW A DRIVE- THROUGH RESTAURANT ON A 11.6 ACRE SITE LOCATED ON THE EAST SIDE OF EL CAMINO FSAL SOUTH OF MARRON ROAD. CASE NO. : CUP-135 APPLICANT: SANTA ANITA DEVELOPMENT CORPORATION WHEREAS, a verified application for a certain propert: to wit: That portion of Tract 240 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the office of the County Recorder of said San Diego County December 9, 1915, located in Assesso Book 205, Page 210, Parcel 07, has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a requ as provided by Title 21 of the "Carlsbad Municipal Code;" an I ~ WHEREAS, the public hearing to consider the subject Conditional Use Permit was held at the time and in the place specified in the public notice on April 13, 1977; and WHEREAS, at said public hearing, upon hearing and considering the testimony and arguments, if any, of all pers who desired to be heard, said Commission considered all fact I relating to the requested Conditional Use Permit and found t I ~ following facts and reasons to exist: ~ 1) The requested use is desirable for the development of tl! Community, is essentially in harmony with the various el and objectives of the General Plan, and is not detriment to existing uses or to uses specifically permitted in tk: in which the proposed use is to be located because: i a) The drive-through restaurant will serve a need not presently available in the project area; I @ W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 b) The proposed use is included within a comprehensively designed community shopping center; and c) The General Plan Land Use Element designates this are Community Commercial. 2) The site for the intended use is adequate in size and sha: accommodate the use because: a) The drive-through restaurant is part of an 11.6 acre comprehensively designed community shopping center. 3) All the yards, setbacks, walls, fences, landscaping, and features necessary to adjust the requested use to existin permitted future uses in the neighborhood will be provide maintained because: a) The shopping center which this facility is a part, is the purview of a Site Development Plan approved by tl- that requires all of the pertinent items mentioned at 4) The street system serving the proposed use is adequate tc properly handle all traffic generated by the proposed USE because : a) The shopping center and drive-through restaurant will served by El Camino Real, a prime arterial, and Marrc Road, a secondary arterial. The capacity of these st are adequate to handle the traffic generated by this facility; and b) Proper traffic controls will be installed prior to tl commencement of this use. NOW, THEREFORE, BE IT RESOLVED by the Planning Cornis; of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That in view of the findings heretofore made and conside: the applicable law, the decision of the Planning Commiss: is to approve the Conditional Use Permit (CUP-l35), subjt to the following conditions: 1) The approval is granted for the land described in th application. Buildings, parking areas and landscapi shall be located substantially as shown on Exhibit A located in the files of the Planning Department, exc or unless indicated otherwise herein. 2) The signing as shown on Exhibit A is not approved, signing shall conform to the approved sign program f SDP 77-2, /// -2- e - 1 PASSED, APPROVED AND ADOPTED at a regular meeting of t’ 2 by the following vote, to wit: 3 City of Carlsbad Planning Commission held on April 27, 1977, 4 5 AYES: Commissioners Larson, Nelson, Jose, Watson and NOES : L’Heureux 6 II ABSTAIN: Commissioner Rombotis 7 8 ERIC LAR ON, Chairman 9 [L& ABSENT: Commissioner Fikes 10 ATTEST : ll 11 12b:-7 /fz (4,,”,’ ,z ,.,’ 7 , ,,’ 4’ “dd.6%%/ si?F?zGL,.[.,,s~~ry 13 ,*/p / 14. 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 I1