HomeMy WebLinkAbout1997-03-19; Planning Commission; Resolution 4064t
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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.
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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-
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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 -