HomeMy WebLinkAbout1998-08-05; Planning Commission; Resolution 4339C
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PLANNING COMMISSION RESOLUTION NO. 4339
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT NO.
DENNY’S RESTAURANT AND CONSTRUCTION OF AN
ISLANDS RESTAURANT ON PROPERTY GENERALLY
LOCATED ON THE SOUTH SIDE OF PALOMAR AIRPORT
THE COASTAL ZONE AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: ISLANDS RESTAURANT
CASE NO.: CDP 97-45
WHEREAS, Islands Restaurants, L. P., “Developer”, has filed a
application with the City of Carlsbad regarding property owned by Ray and Barbarr
Trust , “Owner”, described as
CDP 97-45 TO ALLOW THE DEMOLITION OF AN EXISTING
ROAD EAST OF THE I-SPALOMAR ROAD OFFRAMP IN
A portion of Lot “H” of Rancho Agua Hedionda, in the City of
Carlsbad, in the County of San Diego, State of California,
according to map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, November 16,1896
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “K” dated August 5, 1998 ,on fi
Planning Department, ISLANDS RESTAURANT, CDP 97-24, as provided by
21.201.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of August 14
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a1
relating to the CDP.
.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the
2 1) Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Con
RECOMMENDS APPROVAL OF ISLANDS RESTAURANT, CDI
based on the following findings and subject to the following conditions:
7 Findincs:
8 1. That the proposed development is in conformance with the Certified Local
Program and all applicable policies in that the project is in compliance P
Coastal Resource Protection Overlay Zone.
9 relevant policies of the Mello I1 Segment of the Local Coastal Program
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2. The project complies with the requirements of the Coastal Resource Prc
Overlay Zone as the project site has no coastal resources and is currently deb
Only a minor amount of finish grading will be required to construct the proj
a result there are no project issues relative to wildlife habitat presel
deterrence of soil erosion by maintaining the vegetative cover on steep slo~
drainage improvements which the Coastal Resource Protection Overlay Zr
established to address.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cor
and modifications to the document(s) necessary to make them internally consisten
conformity with final action on the project. Development shall occur substant.
shown in the approved Exhibits. Any proposed development different fro
approval, shall require an amendment to this approval.
20 2. The applicant shall apply for and be issued building permits for this project
two (2) years of approval or this coastal development permit will expire
21 extended per Section 21.201.210 of the Zoning Ordinance.
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3. Approval of CDP 97-45 is granted subject to the approval of SDP 97-24. CDP 97’
is granted subject to all conditions contained in the Planning Commission Resolut
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for SDP 97-24.
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dedications, reservations, or other exactions hereafter collectively referred to for convenk 26
Please take NOTICE that approval of your project includes the “imposition” o
NOTICE
27 11 “fees/exa~tions.~~
28 11 PC RES0 NO. 4339 -2-
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You have 90 days from August 5, 1998 to protest imposition of these feedexactions
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Ma
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure t
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/c
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor I
zoning, grading or other similar application processing or service fees in 'connection
project; NOR DOES IT APPLY to any feedexactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously o
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the 1
Commission of the City of Carlsbad, California, held on the 5th day of August 1992
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, M
Nielsen, Savary, and Welshons
NOES:
ABSENT:
ABSTAIN:
BAILEY NOB@, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
PC RES0 NO. 4339 -3-