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HomeMy WebLinkAbout1997-03-19; Planning Commission; Resolution 4064t rL 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 0 * PLANNING COMMISSION RESOLUTION NO. 4064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT ROAD AND EAST OF PASEO DEL NORTE IN THE COASTAL ZONE IN LOCAL FACILITIES MANAGEMENT ZONE 3. CASE NAME: CARL’S JR./GREEN BURRITO DRIVE- THRU RESTAURANT CASE NO.: CDP 96-06 WHEREAS, Carl Karcher Enterprises, “Developer”, has filed a vc COASTAL DEVELOPMENT PERMIT NO. CDP 96-06 ON application with the City of Carlsbad regarding property owned by Jung Tom/The Company, “Owner”, described as Parcel 3 of Parcel Map No. 195 as recorded on January 30, 1970 in San Diego County, File No. 18100; and a portion of Parcel 2 of Parcel Map No. 17542 as recorded on June 27,1995 in San Diego County, File No. 1995-0267703 (“the Property”); and WHEREAS, said verified application constitutes a request for a C Development Permit as shown on Exhibits “A”-“L” dated February 19, 1997, on file Planning Department, CDP 96-06 as provided by Chapter 21.20 1.040 of the Carlsbad Mun Code; and WHEREAS, the Planning Commission did, on the 19th day of February the 5th day of March 1997, and the 19th day of March 1997, hold a duly noticed public hi as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering 2 testimony and arguments, if any, of all persons desiring to be heard, said Commissic considered all factors relating to CDP 96-06. I ... I c 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 0 0 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P12 Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the P1: Commission APPROVES Coastal Development Permit, CDP 96-06, ba: the following findings and subject to the following conditions: Findings: 1. That the proposed development is in conformance with the Certified Local C Program and all applicable policies in that the proposed restaurant use is cons with, and implements, the site’s Travel-Service Commercial (TS) designation by the Mello I1 Local Coastal Program. No specific Mello I1 policies apply t site other than the TS designation. A drive-thru restaurant is consistent wil site’s coastal designation which is intended to serve the needs of those tray through, or visiting, Carlsbad. 2. The project is consistent with the Coastal Resource Protection Overlay Zone Carlsbad Municipal Code and the development standards of Section 21.20 therein in that: (1) the project involves the redevelopment of an existing, commercial site along the developed portion of the Palomar Airport corridol offsite necessary drainage improvements already exist for the site as identified i City’s Master Drainage Plan; (2) all onsite drainage improvement sha maintained by the developer; (3) the Engineering Department has determinec this project will not require a grading permit and therefore will not be subject i coastal zone winter grading restrictions; and, (4) street improvements requir this project will be constructed to City standards and therefore be maintain1 the City. Conditions: 1. The Planning Commission does hereby APPROVE the Coastal Development P CDP 96-06 for the project entitled Carl’s Jr./Green Burrito Drive-Thru Resta (Exhibits “A”-“E” dated February 19, 1997, on file in the Planning Departmer incorporated by this reference), subject to the conditions herein set forth. St authorized and directed to make, or require Developer to make, all correction: modifications to the plan documents, as necessary, to make them internally cons and in conformity with final action on the project. Development shall occur substar as shown in the approved Exhibits. Any proposed development substantially dif from this approval, shall require an amendment to this approval. 2. Approval of CDP 96-06 is granted subject to the approval of SDP 96-05. CDP 96 subject to all conditions contained in SDP 96-05. PC RES0 NO. 4064 -2- 4 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 A, 9 rl) PASSED, APPROVED AND ADOPTED at a regular meeting of the p1a1 Commission of the City of Carlsbad, California, held on the 19th day of March 1997, E following vote, to wit: AYES: Chairperson Nielsen, Commissioners Compas, Heineman, and Savary NOES: Commissioners Monroy and Welshons ABSENT: None ABSTAIN: None -. . CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. MZMIMER PLANNING DIRECTOR PC RES0 NO. 4064 -3 -