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HomeMy WebLinkAbout1977-07-05; City Council; 5104; APPEAL APPROVAL SITE DEVELOPMENT PLANCITY OF "RLSBAD ' '' ^- , / ' -' Initial:AGENDA BILL NO. ^/d V Dept. Hd. DATE: JULY 5, 1977 ' City Atty DEPARTMENT: PLANNING City Mgr. \' APPEAL OF PLANNING COMMISSION APPROVAL OF A SITE DEVELOPMENT PLAN (SDP 77-2) FOR A COMMUNITY SHOPPING CENTER AND PROFESSIONAL OFFICES AND CONDITIONAL USE PERMIT (CUP-135) FOR A DRIVE-THRU RESTAURANT (APPELLANT; A.J. SKOTNICKI) STATEMENT OF THE MATTER:T1 On April 13, 1977, the Planning Cottmission held a noticed public hearing _ to consider an application for a Site Development Plan to construct a comnercial and professional center on an 11.6 acre site and a Conditional Use Permit for a drive-thru restaurant within the center. The zoning on the property includes the Qualified Overlay Zone. The "Q" Zone requires the approval of a Site Development Plan prior to the issuance of building permits. The Zoning Ordinance requires a Conditional Use Permit for drive-thru restaurants. At the conclusion of the hearing, the Planning Commission moved to approve both applications. On April 27, 1977, the Commission approved Resolution_No. 1359 (SDP 77-2) and Resolution No. 1353 (CUP-135). On May 5, 1977, the City Clerk received an appeal of these two approvals by A.J. Skotnicki. EXHIBITS: Appeal letter from A.J. Skotnicki, dated May 5, 1977. Planning Commission-Resolution NO. 1359. "planning Commission Resolution No. 1353 Staff Report, dated April 13, 1977 SDP: Exhibit A, dated March 29, 1977 Exhibit C, dated April 4, 1977 Exhibit D, dated April 4, 1977 CUP: Exhibit A, dated April 1, 1977 RECOMMENDATION If the City Council concurs with the approvals of the -Planning Commission they should direct the City Attorney to 'prepare the necessary documents denying the appeal .and add the appropriate sewer conditions. If the Council wishes to deny or modify one, or both of the approvals, they should grant the appeal and direct staff to return the Council's decision back to the Planning Commission for their report. (See Page 2 for Council action) FORM PLANNING 73 -2- V'AGEN-DA BILL NO. 5104 July 5, 1977 \7-5-77 Following the public hearing the Council directed the City Attorney to prepare the necessary documents, denying the appeal arid approving the Site Development Plan (SDP 77-2) and CUP-135 for a Restaurant (Carls's Jr.) , adding the appropriate sewer conditions and an additional condition that an agreement be entered into between the applicant and the City of Carlsbad whereby in the event the traffic on El Camino Real becomes a problem the applicant would be willing to close the access ways. CITY OF CARLSBAD AGENDA BILL NO. 5104-Supplemenf No. 1 Initial: Dept.Hd. DATE: July 19, 1977 ' :; C. Atty. DEPARTMENT: City Attorney C. Mgr. ' R Sub;)ect:Appeal of Planning Commission approval of a Site Development Plan a community shopping center and professional offices and Conditional Use PermiiCj(CUP-135r for a drive-through restaurant (Appellant; A. J. Skotnicki) (Santa Anita - Sout! Statement of the Matter The City Council at your meeting of July 5, 1977 directed the City Attorney to prepare the necessary documents denying appeal of the Planning Commission decisions to grant Site Development Plan (SDP 77-2) and Conditional Use Permit (CUP-135). The documents denying said appeal and granting the Site Develop- ment Plan and Conditional Use Permit are attached. Exhibits Resolution No. ^J^*/^^ denying appeal and granting SDP 77-2. Resolution No. J$ lo O denying appeal and granting CUP-135. Letter from Santa Anita Development Corp. dated 7-12-77 Recommendation If the Council concurs, your action is to adopt Resolution denying the appeal-and granting Site Development Plan (SDP 77-2) and Resolution No. ^*/^2? deny ing the appeal and granting Conditional Use Permit (CUP-135). Council action 7-20-77 Resolution #5149 was adopted, denying the appeal and approving the Site Development Plan 77-2. Resolution #5150 was adopted, denying the appeal and granting sTTorTdTTtonaT Use Parmit (CUP-335).