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HomeMy WebLinkAbout1979-09-12; Planning Commission; Resolution 1547L . >. - II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 1547 FSSOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE THRU ADDITION TO AN EXISTING CHICKEN STORE ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF ELM AVENUE, BETWEEN MADISON STREET AND JEFFERSON. CASE NO. : CUP-164 APPLICANT: KENTUCKY FRIED CHICKEN WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Codt the Planning Commission did on the 22nd day of August and the 12th day of September, 1979 hold a duly noticed, public hearil to consider said application on property described as: Lots 11, 12, 13, 14, 15, and 16 in Block 48 of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. WHEREAS, the subject property has complied with the requ ments of the City of Carlsbad Environmental Protection Ordina of 1972 and the State Environmental Quality Act in that the project is catagorically exempt per Section 19.04.090 C(5) of the Carlsbad Municipal Code, construction of minor appurtenap to existing commercial facilities; and WHEREAS, at said public hearings a staff report was submitted, and all persons desiring to speak were heard. At the conclusion of said hearing, upon consideration of all evi presented, the Planning Commission found the following facts r .I 0 0 1 reasons to exist: 2 3 Findings 1) That the requested use is not necessary or desirable for the development of the cornunity and is detrimental to in the zone in which the proposed use is to be located 4 existing uses or to existing uses specifically permitted 5 because : 6 7 a) The addition of a drive-thru would impede vehicular circulation. The expansion will generate an increas in traffic and create numerous points of potential C flict on and off-site. 8 ll b) Pedestrian movement would be adversely affected- Fo 9 traffic on the project site would be hindered. 10 11 12 13 14 15 16 c) Neighboring residential uses would suffer. The restaurant operates from 1O:OO A.M. to 1O:OO P.M. The addition of a speaker and order board in conjunction with the additional traffic would have a detrimental effect on these residential uses. d) The negative impacts on vehicle and pedestrian circulation would adversely affect the development of the downtown community. Elm Avenue is held to be a crucial corridor of the central business district. Adverse effects on this corridor may have long-term ramifications on the development of the downtown core as a whole. 1 17 2) The requested use is not in harmony with the various 18 elements and objectives of the General Plan. a) The increased traffic congestion generated by 19 the addition conflicts 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 capacity of the existing or planned street system provided. I' 2o I 21 until such time as adequate facilities can be 22 of traffic which would be generated beyond the 23 24 elopment without substantially altering existing 26 of ensuring "the capacity of major street linkage 25 addition conflicts with the Land Use Element b) The increased traffic congestion generated by the Utility and Public Service Development guideline to provide for the needs of the proposed dev- traffic patterns or overloading the existing 27 street system.. . .I1 28 ii .2 *. L I. -1 - )I e 1 3) All yards and landscaping and other features necessary to adjust the requested use to existing or permitted because : 2 future uses in the neighborhood may not be maintained 3 4 5 6 7 8 9 10 11 12 4) a) The existing landscaping has been neglected. Inspection of the site revealed these areas to be filled with weeds and all groundcover to be dead. The street system serving the proposed use is inadequate to properly handle all traffic generated by the proposed use because : a) The "drive-thru" addition is expected to significant increase the traffic generated to 'the site. Design configuration will encourage exit onto Elm Avenue, compounding the traffic congestion experienc there, particularly at peak hours. b) The proposed design will produce numerous points of potential vehicle conflict, creating negative traffic impacts that cannot be mitigated within existing traffic patterns. 13 WHEREAS, the Planning Commission, by the following vote, 14 DENIED CUP-164: 15 ABSENT : Wrench 17 NOES : Jose 16 AYES : L'Heureux, Rombotis, Schick, Marcus, Larson I.8 I 19 NOW, THEREFORE, BE IT RESOLVED, that the above recitatio I 20 are true and correct. II 21 22 23 24 ATTEST : tq ,,7 . N 25 ~c&-&:q/p,7 [ / -8' "- ,..~;~/;&z+$+~&*yJJg4 /- 26 .JFS C. HAGAMAN, ,,'S'ecrifary .."< 'I GARLSBAD PLANNING CO@ISSION 2?,..,' / / r. ,' I e/' 28 -3 .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 I 0 m STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 CITY OF CARLSBAD 1 ss I, JAMES C. HAGAMAN, Secretary to the Planning Commission of the City of Carlsbad, California, do hereby certify that the foregoing resolution was duly introduced, approved and adopted by the Planning Commission of the City of Carlsbad at a regular meeting of said Commission held on the 12th day of September, 1979 by the following roll call vote: AYES : Schick, Rombotis, Marcus, Larson NOES : Jose ABSTAIN: None ABSENT : None CUP-164 FF /> . "'7yH ,,,,<,/' "-. 'J, ",/7./7 /;4i?,>, 5,+ i' ARLSBAD PLANRINGAOMMISSI ES C. HAGYN, %=fetal ,/* /' ,/' // /' /' i' ,,/" F* "-. ARLSBAD 'J, /? .- "'7yH ,,,<,/' / :/7./7 ( / /;ai?,>, 5,+ HAGqN ,' %&fetal PLANRINGAOMMISSI // */'"