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HomeMy WebLinkAbout1977-05-11; Planning Commission; Resolution 13610 * 1 CASE NO. : CUP-136 5 CONDITIONAL USE PERMIT FOR A MC DONALD'S FAST-FOOD 3 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 2 PLANNING COMMISSION RESOLUTION NO. 1361 OF CARLSBAD, CALIFORNIA, DENYING A REQUEST FOR A RESTAURANT, SUBJECT TO SPECIFIC PLAN APPROVAL, ON PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN MARRON ROAD AND HAYMAR DRIVE. APPLICANT: SANTA ANITA DEVELOPMENT CORPORATION 4 6 7 8 9 10 11 WHEREAS, a verified application for a certain propert to wit: 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 and 44 12 recorded in Assessor's Book No. 167, Parcels 25 13 14 15 16 17 18 19 has been filed with the City of Carlsbad and referred to. the Planning Commission; and WHEREAS, this application constitutes a request as provided by Title 21 of the "Carlsbad Municipal Code;" and WHEREAS, a duly noticed public hearing was held at th, time and in the place specified in said notice on April 27, 2o! 1977; and 21 1 WHEREAS, at said public hearing, upon hearing and 22 23 24 25 26 27 28 I considering the testimony and arguments, if any, of all perso: who desired to be heard, said Commission considered all facto. relating to the Cond2tional.Use Permit request and found the following facts and reasons to exist: 1) The requested use is not necessary or desirable for the development of the community, is not in harmony with the various elements and objectives of the General Plan.and i: detrimental to existing uses or to uses specifically perm: in the zone in which the proposed use is to be located bec -k // e 0 I/ 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 2) 3) a) The increased traffic and parking congestion generated by this request would conflict with the Circulation Element guideline of coordinating "the distribution, character and intensity of all land uses with the Land Use Element to preclude the increased levels of traffic which would be generated beyond the capacity of the existing or planned street system until such time as adequate facilities can be provided." b) The increased traffic and parking congestion generated by the request would conflict with the Land Use Elemen Utility and Public Service Development guideline of ensuring "the capacity of major street linkage to provide for the needs of the proposed development without substantially altering existing traffic patterns or overloading the existing street system. ... The site for the intended use is not adequate in size and shape to accommodate the use, because: a) The location of the site in relation to the adjacent service station, Center main entrance and parking lot traffic lane creates negative traffic impacts that cannot be mitigated. b) The shape of the site, incorporating the proposeb design, creates numerous traffic conflict points that cannot be mitigated. c) The size of the site, incorporating the size of the proposed restaurant, dictates 'parking and circulation design that will negatively impact the existing circulation facilities and the visual character.of thc area. All of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood are not provided because: a) The landscape strip adjacent to the main entrance to the Center is not adequate, as designed, to provide a visual buffer for the proposed parking lot. b) The design, as proposed, encroaches into an exist parking lot traffic lane. 4) The street system serving the proposed use is not adequate to properly handle all traffic generated by the proposed use because: a) Traffic generated by the proposed use will compot the traffic congestion now experienced on El Camj Real; and 11 -2- - c 4. I m e 1 2 3 4 b) The traffic generated by the proposed uses when combined with traffic generated by the expansion of the Plaza Camino Real Center, the remainder of the Carlsbad Plaza Center and the Center to be constructed on the south side of Marron Road, will create excessive congestion on El Camino Real in the area. 5 ' A) That the above recitations are true and correct. 7 of the City of Carlsbad as follows: B) That the action of the Planning Commission is to DENY 8 9 10 11 12 City of Carlsbad Planning Commission held on May 11, 1977, 13 14 15 16 NOW, THEREFORE, BE IT RESOLVED by the Planning Commissio: Conditional Use Permit request No. CUP-136, on property located on the East side of El Camino Real between Marron Road and Haymar Drive. PASSED, APPROVED AND ADOPTED at a regular meeting of the by the following vote, to wit: AYES : Commissioner Woodward, Larson, L'Heureux, JI NOES : None. ABSTAIN: Commissioner Rombotis, Watson. 17 18 19 < ABSENT : None. ERIC LARSON, Chairman I 26 27 28 -3-