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HomeMy WebLinkAbout1977-08-04; City Council; Resolution 51471 2 3 4 5 6 7 a 9 1c 11 12 0 15 2c 23 2: 2; 24 2: 2t 2'; 2E RESOLUTION NO. 5147 A RESOLUTIOP? OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL OF A PLANNING COMMISSION RECOMMENDATION AND DECISION TO DENY SPECIFIC PLAN AMENDMENT REQUEST TO INCORPORATE SITE PLAN MODIFICATIONS AND A FAST-FOOD RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN MARRON ROAD AND HAYMAR DRIVE. APPLICANT: SANTA ANITA DEVELOPMENT CORPORATION. (SP-l46(C)) WHEREAS, on April 27, 1977, and continued to May 11, 1977, 3 duly advertised public hearing was held before the Planning Somission in a manner prescribed by law to consider a Specific Plan Amendment request (SP-l46(C)) to incorporate site plan nodifications and a fast-food restaurant on property generally located on the east side of El Camino Real between Marron Road and Haymar Drive, more particularly described as: Those portions of Lots 4 and 5 of fractional section 32, Township 11 South, Range 4 West, San Bernardino meridian, according to official plat thereof, being in the City of Carlsbad, in the County of San Diego, State of California, as recorded in Assessor's Book No. 167, Parcels 25 and 44; and WHEREAS, at the conclusion of said hearing the Planning Commission of the City of Carlsbad adopted Resolution No. recommending that Specific Plan Amendment request (SP-l46(C)) be denied, which is herewith referred to and made a part hereof;anc 1360, WHEREAS, on May 18, 1977 a proper appeal was filed by the applicant in protest of the Planning Commission's denial; and WHEREAS, on July 5, 1977 the City Council held a public hearing to consider the appeal, received all recommendations and heard all persons interested in or opposed to the Specific Plan Amendment request (SP-146 (C) ) ; and /// 1 2 3 4 5 6 7 €3 9 10 11 12 9 19 20 21 22 23 24 25 26 27 28 WHEREAS, an Environmental Impact Report was certified as complete for a previously issued entitlement for this project and the Planning Director has found the Specific Plan Amendment request (SP-l46(C)) to be in prior compliance with the City of Carlsbad Environmental Protection Ordinance of 1972; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the findings of the Planning Commission as set forth in Planning Commission Resolution No. 1360 constitute the findings of the City Council. 3. That the City Council hereby denies this appeal and affirms the decision of the Planning Commission to deny the Specifi Plan Amendment request (SP-146 (C) ) . an adjourned PASSED, APPROVED AND ADOPTED at/- regular meeting of the City Council of the City of Carlsbad on the 4th day of August , 1977 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki and Councilwoman NOES : Councilmen Frazee and Lewis Casler ABSENT: None ROBERT PddCA+ C. FRAZEE, llayo ATTEST : (SEAL) 2.