The URL can be used to link to this page

Home My WebLink About1992-09-01; City Council; 11868; DENYING THE APPEAL AND UPHOLDING PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PLAN AND NONRESIDENTIAL PLANNED UNIT DEVELOPMENT APPLICANT:PALOMAR PLACE CASE NO: SDP 83-11D|PUD 92-04|CUP 92-01Clm OF CARLSBAD - AGENq BILL y- RECOMMENDED ACTION: Adopt Resolution No. denying the ap upholding the Planning Commission's approval of SDP 83-3 92-4/CUP 92-1. ITEM EXPLANATION The City Council, at your meeting of August 18, 1992 dire city Attorney to prepare documents denying the appeal of 11(D)/PUD 92-4/CUP 92-1. That document is attached. The should satisfy itself that the findings and conditions ac reflect your intentions in the matter. EXHIBIT Resolution No. i 7( - X ,, S- 9 ,- '7 /: *-i ;? i.2 -4 a .-* la' .. 'i, fk s5 -4 .. z 0 a 6 $ z 3 0 0 I * 1 1 2 3 4 5 6 7 a 9 10 11 12 ncn SUJ% m>- 13 $Ea an8 i~~ 14 405g Crk55 gonk 0Z-l~ ~crqa 16 E:? 00 OWN m>AZ 15 p+j 0 a02 k >2% 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 92-272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF A SITE DEVELOPMENT PLAN AMENDMENT SDP 83- 11(D), NONRESIDENTIAL PLANNED UNIT DEVELOPMENT PUD 92-4 AND CONDITIONAL USE PERMIT CUP 92-1 FOR THREE RESTAURANTS, ONE WITH DRIVE-THRU THE EAST SIDE OF AVENIDA ENCINAS NORTH OF PALOMAR AIRPORT ROAD. APPLICANT : PALOMAR PLACE CASE NO. : SDP 83-11 (Dl /PUD 92-4/CUP 92-1 FACILITIES, ON PROPERTY GENERALLY LOCATED ON WHEREAS, a verified application for a tentative certain property to wit: Parcels 1 & 2 of Map No. 13955, Parcels 1 & 2 of Map No. 13937 and Parcels 1, 2, 3 & 4 of Map No. 14014, in the City of Carlsbad, County of San Diego, State of California has been filed with the City of Carlsbad and referred Planning Commission: and WHEREAS, the Planning Commission did on July 1 hold a duly noticed public hearing as prlescribed by law to c said application for Site Development Pltan Amendment SDP 8: Nonresidential Planned Unit Development PUD 92-4 and Conc Use Permit CUP 92-1; and WHEREAS, the Planning Commission did on July 1 after hearing and considering all the evidence and testimon people desiring to be heard, adopted Resolutions No. 341: 3392 and 3392 respectively approving the Negative Declarati Development Plan Amendment SDP 83-1l(D)! Nonresidential Unit Development PUD 92-4 and Conditional Use Permit CUP 9 WHEREAS, by letter dated July 8, 1992 McDonald's Planning Commission approval of Resolutions No. 3415, 33' and 3392 respectively approving the Negative Declaratic Development Plan Amendment SDP 83-ll(D), Nonresidential I 4 1 2 3 4 5 6 7 a 9 10 11 12 n SluF 92 13 [Tam 400" l:g% <oa< 14 mp5i 15 Irks.: OOL g$$x 16 ?Liz PO2 corn <=_I >2$ 17 50 18 19 20 21 22 23 24 25 26 27 28 0 e Unit Development PUD 92-4 and Conditional Use Permit cup 92 WHEREAS, on August 18, 1992 the city Council of t of Carlsbad held a duly notice public hearing as prescribec to consider said appeal and at said hearing after considere all the evidence, testimony, argument of those persons pres desiring to be heard the City Council approved the b Declaration, Site Development Plan Amendment SDP 82 Nonresidential Planned Unit Development PUD 92-4 and Conc Use Permit CUP 92-1 and directed the City Attorney to documents which would deny the appeal and uphold the 1 Commission's decision, NOW, THEREFORE, BE IT RESOLVED by the City Counci City of Carlsbad, California, as follows: 1. That the above recitations are true and cor 2. That the findings and conditions of the Commission in Resolutions No. 3415, 3391, 3392 ai respectively approving the Negative Declaration, Site Dev Plan Amendment SDP 83-ll(D), Nonresidential Plannc Development PUD 92-4 and Conditional Use Permit CUP 92-1 with the City Clerk and incorporated herein constitute the and decision of the City Council. 3. That the Planning Commission's approval of Site Development Plan Amendment SDP 83-ll(D), Nonres Planned Unit Development PUD 92-4 and Conditional Use Pe 92-1 is hereby confirmed and the appeal of that decision j based upon the facts set out in the Planning Departme Report dated July 1, 1992, the evidence before the Commission, the evidence as set forth in City Council Agc 2 I 1 2 3 4 5 6 7 8 9 10 11 12 om 13 m> $Em <08 UU2 dua <o<< 14 m>:z ark?= 2vn2 15 if;?" 16 SUH <>Sij p5: >YS 17 I-ow <OJ k 00 18 19 20 21 22 23 24 25 26 27 28 m @ No. 11,851, and the testimony before the City Council all c are incorporated herein by reference. 4. The Council further finds that the proposed thru traffic enters the site through a two way high use c and travels through wide circulation aisle before enter drive-thru restaurant portion of the site. The entrance drive-thru is located such that no conflicts with the circ of the overall site and adjacent street system will occur. 5. That the proposed drive thru lane is funct integrated within the site. Adequate stacking distance f menu order board lessens the opportunity for potential par1 circulation conflicts and a screening wall with landscap: shield the drive-thru headlights from oncoming freeway tri 6. That the proposed drive-thru exit is located the exit for the site, allowing exiting traffic to leave * without travelling through any parking areas. This stream1 site circulation and lessens chances for vehicular confli( 7. The Council further finds that signs ar monuments at each location along the frontage of Avenida will direct motorists to the correct driveway for each faci thereby reduce congestion and possible conflicts. 8. That delivery to the proposed Claim restaurant, building B on the site plan adjacent to the lanes for the proposed restaurant identified as building not cause conflicts because a special loading zone is prc 9. That adequate provisions for the par recreational vehicles, trucks, busses, campers and other c vehicles is provided through the use of double parking thr 3 1 2 3 4 5 6 7 a 9 10 11 12 slug 52 -Em 13 20: ulum iUU aoaq 14 m>iz 15 Kk5g VDLL 16 6z"Yo aa$o 20s +om >2% 17 EV 18 19 20 21 22 23 24 om :>s: aoA 25 26 27 28 a e utilization of the availability of parking spaces arranged end without parking barriers to such vehicles and adequate E of vehicles is provided for vehicles from the order board the queuing lane into the parking lot. 10. This action is final the date this resolt adopted by the City Council. The provision of Chapter 1.1( Carlsbad Municipal Code, "Time Limits for Judicial Reviek apply: "NOTICE TO APPLICANTvv The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision become final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his /// /// /// /// /// /// /// /// /// 4 1 2 3 4 5 6 7 8 9 10 11 12 nul “:? m> &E& 13 408 OWE I!,, 4044 14 m,jz l5 “t5;a: 9 ‘I 0 B &6$ ozJ - 16 ““50 E:% p9 - o< 401 17 18 19 20 21 22 23 24 25 26 27 28 00 0 0 attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California 92008.11 PASSED, APPROVED AND ADOPTED at a Regular Meetir day of City Council of the City of Carlsbad on the 1st 1992, by the following vote, to wit: AYES : Council Members Lewis, Larson, Stanton, Nygaarc NOES : None ABSENT: Council Me /[I 7%‘ Yllch’ ’1 / /Jg?4 Q&,Y L Lb UDE~A. Z& Is‘, Mayor ATTEST : & &JT?N*)Clerk 5 September 9, 1992 Mr. Paul J. Nolan Real Estate Representative McDonald's Corporation 4370 La Jolla Village Drive Suite 800 San Diego, CA 92122 RE: APPEAL OF SITE DEVELOPMENT PLAN AMENDMENT, PLANNED UNIT DEVELOPMENT, AND CONDITIONAL USE PERMIT - SDP 83-ll(D)/ PUD 92-4/CUP 92-1 The Carlsbad City Council, at its meeting of September 1, 195 adopted Resolution No. 92-272, denyingthe appeal and upholdingt Planning Commission's approval of SDP 83-ll(D)/PUD 92-4/CUP92-1 Enclosed is a copy of Resolution No. 92-272 for your files. c)LQ>du R. * ALETHA L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosure 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E September 10, 1992 Russell W. Grosse Development 5850 Avenida Encinas Carlsbad, CA 92008 RE: RE: APPEAL OF SITE DEVELOPMENT PLAN AMENDMENT, PLANNED U1 DEVELOPMENT, AND CONDITIONAL USE PERMIT - SDP 83-11(1 92-4/CUP 92-1 The Carlsbad City Council, at its meeting of September 1, 195 adopted Resolution No. 92-272, denyingthe appeal and upholdingt Planning Commission's approval of SDP 83-ll(D)/PUD 92-4/CUP92-1 Enclosed is a copy of Resolution No. 92-272 for your files. && Assistant City Clerk CMC KRK: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2f