HomeMy WebLinkAbout1974-05-21; City Council; 3089; Consideration of Appeal CUP-931' 7. a r
" I1 PLmINF; COMMISSIr3M RESOLUTION "" NO. m7 I
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A RESOLUTION OF THE PLA!.4PJIMG COPWISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, ANNOUNCING FINDINGS AND DENYING
A COMDITIO~lAL USE PERYIT FOR A DRIVE-THW RESTAIJRANT ON
PROPERTY GENERALLY LOCATED AT 952 ELM AVENIIE.
CASE NO: CUP-33 - APPLICANT: CARL K4RCHER ENTERPRISES, IF!C. -
!*IHE!?EAS, nursuant to the provisions of Title 31 of the Carl sbad Munic
Code, the Plannina Commission did, on the 26th of March, 1974, and the 9th
day of April , 1974, hold a du1.y noticed public hearinq to consider a reoue
by CARL ICVXHER E!lTERP!?ISES,. INC. (Carl's Jr. Restaurant), for a Condition
Use Permit to allow a drive-thru restaurant on pr0Pert.v located in the C-7.
zone, at 352 Elm Avenue, and more particularly described as:
That Dortion of Tract 117 of Carlsbad Lands, in the City of Carlsbad, County of San Dieqo, State of California,
according to Yap No. 1661 filed in the office of the Recorder of San Diego County on Warch 1 , 191 5.
WHEREAS, the Planning Director has determined that the Pronosed proje
would not have a significant impact on the environment;: and,
WHEREAS, at said Pqblic Hearing , upon hearing and considerinq all
testimony and arguments, if any, the Planning Commission did find that the
following facts and reasons do exist which make the Denial of the Conditi
Use Pertnit necessary to carr;/ out the provisions and qeneral purrme of Ti
21 of the Carlsbad Punicipal Code:
1. The develonment, as proposed, does not have adequate circulation to accommodate the proposed drive-thru capacity .
2. The drive-thru restaurant is not necessary or desirable for the development of the community since there are presently an adequate number of drive-thru restaurants in Carl s bad.
NO!4, THEREFORE, BE IT RESOLVED by the Planning Commission of the Cit)
Carl sbad as fol lows:
1. That the above recitations are true and correct.
2. That it does hereb.y DENY a Conditional Use Permit for said property, for the purpose of a drive-thru restaurant.
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1 PASSED, APPROVED A.ND ADOPTED at a regular meeting of the Carlsbad
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City Planning Commission, held on the 9th day of Anril, 1974, by the
fol lowing vote, to wit :
AYES: Commissioners Casler, Little, Jose 8 !drench
WES : None
ABSEr\!T: Commissioners Forman and Dominquez
ABSTAIN: Commissioner Barrett
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MARY CASL~R 3
C ha i rwoma n
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