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HomeMy WebLinkAbout1977-08-04; City Council; Resolution 5148RESOLUTION NO. 5148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION RECOMMENDATION AND DECISION AND DENY11 G THE APPEAL FOR A CONDITIONAL USE PERMIT (CUP-136) FOR A MC DONALD'S FAST-FOOD RESTAURANT, SUBJECT TO SPECIFIC PLAN APPROVAL, ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEN PlARRON ROAD AND HAYMAR DRIVE. APPLICANT: SANTA ANITA DEVELOPMENT COWORATION. WHEREAS, on April 27, 1977, and continued to May 11, 1977, the Carlsbad City Planning Commission adopted Resolution No. 1361, which is herewith referred to and made a part hereof, denying a Conditional Use Permit (CUP-136) for construction of a McDonald's fast-food restaurant, subject to specific plan approval, 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, on May 18, 1977 a proper appeal was filed by;:-khe applicant in protest of the Planning Commission's denial; 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-136) 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 of said denial at which time all persons interested in or opposed to the proposed Conditional Use Permit were heard and the decision of the Planning Commission considered; 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. 1361 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 Conditional Use Permit. an adjourned PASSED, APPROVED AND ADOPTED at/. regular meeting of the day of City Council of the City of Carlsbad on the 4th August , 1977, by the following vote, to wit: AYES : Councilmen Packard, Skotnicki and Councilwoman NOES : Councilmen Frazee and Lewis Cas1 er ABSENT: None ROBERT Yc C. FRAZEE, +? May r ATTEST : (SEAL )” 26 27 28 2.