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HomeMy WebLinkAbout1977-07-20; City Council; Resolution 51501 2 3 4 5 6 7 8 9 10 11 12 n a 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DENYING AN APPEAL OF A PLANNING COMMISSION DECISION TO GRANT CONDITIONAL USE PERMIT (CUP-135) FOR A DRIVE-THROUGH RESTAURANT ON AN 11.6 ACRE SITE LOCATED ON THE EAST SIDE OF EL CAMIN0 REAL SOUTH OF MARRON ROAD SUBJECT TO THE ADDITION OF CERTAIN CONDITIONS. APPLICANT: SANTA ANITA DEVELOPMENT CO-WORATION. WHEREAS, the Planning Commission of the City of Carlsbad, California did on April 27, 1977, after public hearing, adopt Resolution No. 1353, which is herewith referred to and made a part hereof, granting a Conditional Use Permit for construction of a drive-through restaurant on an 11.6 acre site generally located on the east side of El Camino Real South of Marron Road, more particularly described as: That portion of Tract 240 of Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 1681, filed in the office of the County Recorder of said San Diego County, December 9, 1915, located in Assessor's Book 205, Page 210, Parcel 07; and WHEREAS, on May 5, 1977 a proper appeal of said decision was filed; and WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project, and the Planning Director has found the Conditional Use Permit (CUP-135) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; and WHEREAS, a duly noticed public hearing was held by the City Council on July 5, 1977 to consider the appeal and hear and consider all testimony, reports and communications presented, NOW, THEREFORE, BE IT RESOLVED by the City Council of the 1 2 7 c 4 E e 7 E S 1c 11 1s 2c 21 22 22 24 25 26 27 28 City of Carlsbad as follows: A. That the above recitations are true and correct. Re so B. That the findings of the Planning Commission in ution No. 1353 constitute the findings of the City Council in this matter except as they relate to the public facilities element of the General Plan regarding the availability of sewer services. The City Council finds that sewer service is not available for this development as of the date of this approval. However, sewer service may be available in the future. The City Council will, by inclusion of appropriate conditions, insure that the development will not be constructed unless the City Council finds that sewer service is available to serve the project. In addition the City Council will add a condition that building permits may not issue for development in the CUP unless the City Engineer determines that sewer service is available. Since building cannot occur within the development unless sewer service is available, the City Council is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to this approval. C. That the City Councilherebydenies this appeal and affirm the decision of the Planning Commission to grant the CUP subject to the addition of certain conditions which shall be added to those contained in Planning Commission Resolution No.1353 as follows: "3. This CUP is approved upon the express condition that building permits will not be issued for development on the subject property unless the City Engineer deter- mines that sewer facilities are available at the time of application for such permit and will continue to be 2. c 0 1 2 3 8 9 10 11 19 1~ available until time of occupancy. determines that sewer facilities are not available, building permits will not be issued until arrangements satisfactory to the City Council can be made to guarantee that all necessary sewer facilities will be available prior to occupancy. 4. This Conditional Use Permit shall be subject to any further approvals as may be necessary in connection with such plan for the allocation of sewer service among competing uses as the City Council may adopt. allocation plan is adopted prior to issuance of building permits, the applicant shall satisfy the requirements of such plan before the issuance of further permits. Applicant shall enter into an agreement with the City to relinquish access rights to the second driveway providing access on El Camino Real, south of Marron Road. Said agreement to provide that such access shall be closed upon a determination by the City Council that the closure is necessary for effective traffic flow on El Camino Real." If the City Engineer If an 5. an adjourned PASSED, APPROVED AND ADOPTED at/. regular meeting of the City Council of the City of Carlsbad on the 20th day of July r 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis and Councilwoman Casler NOES : Councilman Skotnicki Councilman Packard? ABSENT : /&cAx ROBERT C. FRAZEE, Myor 20 ATTEST: I1 27 28 3.