HomeMy WebLinkAbout2002-04-29; Design Review Board; Resolution 2841
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DESIGN REVIEW BOARD RESOLUTION NO. 284
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF COASTAL
FOR A FRONT YARD SETBACK WHICH EXCEEDS THE MAXIMUM
STANDARD RANGE, FOR THE DEMOLITION AND RECONSTRUCTION
FACILITY ON PROPERTY LOCATED AT 745 CARLSBAD VILLAGE
DRIVE IN LAND USE DISTRICT 1 OF THE CARLSBAD VILLAGE
REDEVELOPMENT AREA AND IN LOCAL FACILITIES MANAGEMENT
ZONE 1.
CASE NAME: KFC/TACO BELL REBUILD
APN: 203-35 1-1 8
CASE NO: CDP 00-5 1
DEVELOPMENT PERMIT NUMBER RP 00-51, INCLUDING A VARIANCE
OF AN EXISTING FAST FOOD RESTAURANT AND DRIVE-THRU
WHEREAS, A & S Engineering, “Applicant”, has filed a verified application with the
Redevelopment Agency of the City of Carlsbad regarding property owned by Tricon Global
Restaurants, “Owner”, described as Parcel 1 of Parcel Map No. 3339, in the City of
Carlsbad, County of San Diego, State of California, (“the Property”); and
WHEREAS, said verified application constitutes a request for a Coastal
Development Permit as shown on Exhibits “A-J” dated April 29, 2002, on file in the Housing
and Redevelopment Department, “KFC/Taco Bell Rebuild CDP 00-51” as provided by Chapter
21.81.040 of the Carlsbad Municipal Code; and
WHEREAS, the Design Review Board did, on the 29th day of April 2002, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Board considered all factors
relating to “KFC/Taco Bell Rebuild CDP 00-51”.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Design Review
Board of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
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B) That based on the evidence presented at the public hearing, the Board
RECOMMENDS APPROVAL of KFC/Taco Bell Rebuild CDP 00-51 based on
the following findings and subject to the following conditions:
1. That the proposed development is in conformance with the Carlsbad Village Area
Redevelopment Plan and the Village Master Plan and Design Manual, which serve
as the Certified Local Coastal Program for the City of Carlsbad Segment of the
California Coastal Zone and all applicable policies in that the development involves
the replacement of a pre-existing structure on the same property, the development
does not obstruct views or otherwise damage the visual beauty of the coastal zone,
and no agricultural activities, sensitive resources, geological instability exist on the
site.
2. The proposal is in conformity with the public access and recreation policies of Chapter 3
of the Coastal Act in that the development will not alter physical or visual access to
the shore.
3. The project is consistent with the provisions of the Coastal Resource Protection
Overlay Zone (Chapter 21.203 of the Zoning Ordinance) in that no steep slopes exist
within the proposed construction area, all grading will conform to the City's erosion
control standards, and the site is not prone to landslides or susceptible to
accelerated erosion, floods, or liquefaction.
Conditions:
1. This approval is granted subject to the approval of RP 00-17 and is subject to all
conditions contained in Design Review Board Resolution No. 283 for that other
approval and is incorporated by reference herein.
2. This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of final project approval.
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DIU3 RES0 NO. 284 -2-
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTlFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES TI’ APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a special meeting of the Design
Review Board of the City of Carlsbad, California, held on the 29th day of April 2002, by the
following vote, to wit:
AYES: Heineman, Lawson, Paulsen
NOES: Marquez, Baker
ABSENT: None
ABSTAIN: None
V DESIGN REVIEW ~EXAKD
ATTEST:
DEBBIE FOUNTAIN
HOUSING AND REDEVELOPMENT DIRECTOR
DRB RES0 NO. 284 -3-