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HomeMy WebLinkAbout1991-10-08; City Council; Resolution 91-336c c 1 2 3 4 5 6 7 8 9 lo 11 12 c)m SuJ: ,3 (I)> $Eg 5>:z &'o ZOZ$ <SZ& OUU U: #<i nu. 15 SW(I)O >m< gZ26 16 >2'9 17 EO 18 19 20 21 22 23 24 25 26 27 28 ooaa 14 qgf? e 0 RESOLUTION NO. 91-336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A SITE DEVELOPMENT PLAN AMENDMENT TO SDP 83- 11(C) AND CONDITIONAL USE PERMIT (CUP 91-5) FOR DRIVE-THRU SERVICE AT A McDONALD'S RESTAURANT ON PROPERTY GENERALLY LOCATED AT 5990 AVENIDA ENCINAS CASE NO. : SDP 83-llfC) /CUP 91-5 APPLICANT : McDONALD'S RESTAURANT WHEREAS, a verified application has been filed wit1 City of Carlsbad and referred to the Planning Commission; anc WHEREAS, said verified application constitutes a re( as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the munil code, the Planning Commission did, on the 21st day of August, consider said request on property described as: IIThat portion of Lot lIHlg of Rancho Agua 16, 1896, in the City of Carlsbad, County of San Diego, State of California." WHEREAS, the Planning Commission held a public heari August 21, 1991 and upon hearing and considering all testimon arguments of all persons desiring to be heard, the Pla Commission denied said application; and Hedionda, according to Map 823, filed November WHEREAS, appellant appealed the decision of the Pla Commission to the City Council by letter dated August 26, 1991 WHEREAS, the City Council held a duly noticed p hearing on October 1, 1991 as prescribed by law in ordc consider said appeal and at said hearing after consideration c the evidence, testimony and arguments of those persons presen desiring to be heard, the City Council denied appellant's a and directed the City Attorney to prepare documents upholdin decision of the Planning Commission and denying the appeal: < 1 2 3 4 5 6 7 8 9 10 11 12 90 &zcb geng 0: g % ooaa 14 Z>JZ Ql-sr muoB u. 841 15 ,->me woo ZZJ =ad 16 >2% 17 50 18 19 20 21 a> mug 13 $053 '58y 22 23 24 25 26 27 28 e 0 NOW, THEREFORE, BE IT RESOLVED by the City Council o City of Carlsbad, California, as follows: 1. That the above recitations are true and correcl 2. The City Council finds that the requested use ii properly related to the site, surroundings, or environmc settings in that: a. The existing proximity of a three-way tri decision point to the entrance for the causes stacking onto Avenida Encina: secondary arterial roadway. This forc deceleration lane in the public right-o to serve as a queuing lane for the entrant the parking lot, jeopardizing safe tr, flow on the public street; b. The inadequate stacking distance from proposed menu boards and order positior the resulting potential for cutting off ac parking lot. This would increase conge: and confusion, aggravating the exi: situation rather than alleviating it; ani c, The conflicts occurring upon exiting drive-thru. The proposed exiting circuL travels through a double-loaded parking and the loading zone for Marie Callendc This impedes both automobile circulatioi truck loading access and increases tr< volume in an extremely congested area. The City Council further finds that the original Development Plan (SDP 83-ll(c)) and Conditional Use Permit (CU 5) approved the site for a restaurant grouped with buildings i to parking spaces and circulation througl 3. southeast corner of the project site in order to accommodat applicant's desired location in order to ensure maximum fr visibility. This design necessitated access to the bull through the parking areas and resulted in an on-site circul pattern which was constrained and the Planning Commi conditioned this original site approval such that no drive 2 f 1 2 3 4 5 6 7 8 9 10 11 12 iWZ VJ>C 13 &Em $$ns $biz 14 Z>jZ msnL 15 u8a-1 5WVJO >ma E526 16 zQs$ p2 17 uo 18 19 20 21 22 23 24 25 26 27 28 Qt-gg q8y e 0 facilities would be allowed. There are no new facts presentc consideration of this matter which would cause the City Counc modify or remove that restriction. 4. The City Council further finds that appell, proposed use is not consistent with the various elements oj General Plan because it neither improves the existing circul< situation nor guarantees sufficient loading facilities sinc inhibits the adjacent restaurant's existing loading zon directing traffic through the loading area as more fully expl in the memorandum from the Traffic Engineer dated May 13, The request is also detrimental to existing uses and adve impacts the site, surroundings, and traffic circulation as not certain to be compatible with the adjacent restaurantls lo zone or the current parking lot circulation. 5. The City Council further finds that the sit( times, barely accommodates the traffic circulation and parkin the existing uses. Addition of a drive-thru facility without ' site redesign would increase existing on-site circulation pro and, therefore, the site is not adequate in size and shaI accommodate the proposed use. The Council further finds tha the same reasons set forth above, appellant's appeal of Planning Commission's denial of CUP 91-5 is denied. "NOTICE TO APPLICANT" 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 3 , 1 2 3 4 5 6 7 8 9 10 11 12 n L%W% y?? 13 rruum >ps ou;% noaa 14 Z>jZ Pcsg manu u'ai 15 ,->mu ZZJ woo 203g qgy Urd 16 z:; 17 0 18 19 20 21 22 23 24 25 26 27 28 0 e becomes 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 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." PASSED, APPROVED AND ADOPTED at a Regular Meeting o City Council of the City of Carlsbad on the 8th day of -& 1991, by the following vote, to wit: AYES: Council Member Lewis, Kulchin, Larson, Stanton, and NOES: None ABSENT: None i'/ // f/( f' ;, flp/ ,& c /I J# * [ i&-,i,/ v CLAUDE A. tLEWx3, Mayor ATTEST: ALw iUT%eCkerlc (SEAL) 4