HomeMy WebLinkAboutCUP 136; McDonald's Restaurant; Conditional Use Permit (CUP)CITY OF CARLSBqD .
1) , REQUEST: Conditional Use Permit to construct and operate (briefly expl ai n)
a drive-thru restaurant -
2) LOCATION: The subject property is generally located on the
\
east side of El Carnino Real between Haymar Drive -. CJ *. and Marron Road
3) ASSESSOR'S NUMBER: Book 167 Page 030 Parcel 25 .
Book 167 Page 030 Parcel 44 (If more, please list on
bottom of this page).
E.) PROPERTY C:.t"EE'S SIGNATURE Add r*e s s City Zip Phone
SANT A TAD VE PMENT ORPO TlON 363 San Miguel Drive By: 3&&&-&%?!Z-~ New-C-
w
* (714) 644-6440 William W. HugKes,4;. Groundlessee under Ground Lease dated 3-1 1-76,
Recorded 6-18-76, Recorder's File No. /6-190385 5) Person Responsible for Pre2aration of Plan:
Name Address City Zip Phone
Ronald D. Roberts, AIA PI-9 & Ardjtecwe P.0. Box 33326, San Dieqo, Ca. 297-0131 92103
6) Registration or Lice
7) Applicants Signature
I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to.
..
Zip Phone Kame Address City
Ronald D. Roberts, AIA, P.O. Box 33326, San Diego, Ca. 297-0131 031
Representing (Company or Corporation) SGPA Planning & Architecture
Reiationship to Property Op/ner(s) Armitects for Owner
**
The City of Carlsbad Planning Department would appreciate the opportunity to v:ork with the applicant throughout the PlpEBi %Stages of the pro-
posed development. In an effort to aid the appl B C%R-~-T the Planning
. Dcpartnient requests thaL it: be given an o orturiity to evaluate and This rcques t
.Js not a requirement; however, it may av&kWi#i@&gwd,r~S.tiny or revision of the plan which only serves to lengthen tile processing
- discuss the application and plans prior. dfbuhiittal .
'. time. .b
h
- .- RTTAC 11 ME NT S :
Supplemental Information Form - Planning 22 Standard Cond i ti on-P1 anni ng 27 Preparation Check List - Planning 32.. Proccdurcs - fllanning 36
SUPJLEIIENTAL. INFQYMATION FOHIL-
bONDITIONAL USE PERMIT
4 7 I. .. ' 5 '
Gross Acres (or square footage if'less than acre) 14.6 .
Zone c-2
General Plan Land Use Designgtion .- Cokerqial
0,
4) The Present Use of the Subject Property Commercial
5)' By law a Conditiondl Use Permit niay be approved only if certain '
facts are found to exist. Please read these required facts c,arefully and explain how the prop.b'sed pro.ject meets each of
.. a) Explain why the requested use is necessary or desirable
' these facts. Use additional sheets if necessary: .4
for the development of the community, is essentially in harm.ony with the various elements .and objectives of the General Plan,
and is not. detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located:
The pioposed development is in harmony with both the General Plan and the Zoning Ordinance, and contributes to the balance of commercial uses in this area; it provides a service to the . community not now present in this area, i.e., fast foods
t.
b) Explain why the site for th'e intended use is adequate in size and shape to acconodate the use: The plan is compatible
with the adioininq shoppinq center plan in both use and design layout.
c) Explain why you believe the proposed yards, setbacks, walls,
fences, landscaping, etc., will b'e adequate to adjust the requested use to existina or permitted future uses in the neighborhood: The development is part of the master plan for the
entire block.
.-
.I
-.
. -*d) Explain why you believe the street: systeiir servitig the proposed use is adcquate to properly handle all traffic gcner- ated by the proposed use: Traffic studies by Jim Federhart &
s. TW Consultants, indicate that both the existing .roads servins the site, and the on-site parking lot layout are adequate for tfie projected traffic.
.* .. . ** If you need more snace to answer the above, please use
reverse side of this forni or separate sheets and attach to this form.
1976, by and between A%,riLz:~, ~lqc., a California corporation,
:LATION, a California corporation, hereinafter called "Lessee."
12 E C E 1 V E E$
WITNESSETK : JUL G 1976
f the rents herein reserved and the covenants "s.332 In ConsicZcr
and agreenents herein contained on the part of Lessor and Lessee
to be kept, observed and performed, the Lessor has demised and
leased, and by these presents does demise and lease unto the
Lessee, and the Lessee hzs hired and taken, and by these presents
does hire and take from the Lessor t'ne.real property, situate,
lying and being in the City of Carlsbad, County of San Diego,
State of California, more particularly described in Exhibit 1
hereto, which said exhibit is h-,reEy incorporated hersin by
reference, to9ether with all buildings and appurtenances, if any,
presently existing thereon, for the tern hereinafter set forth.
I
The term of this Lease shall commence upon the date of recordation
of this Short Forin of Lease, and shall terninate May 31, 2059, subject
to earlier termination as provided in that Gromd Lease of even
date.
I1
Lessee has the Right of First Refusal to purchase Lessor's interest
in the c?cmised premises, on the terns set forth in that Lease of
even date referred to herein.
I11
This Lease is suSject to the terms, covenants, conditioils and
prcvisions of that certain unrecoriie6 Ground Lease between the
parties h3rcto of even date.
AZALEA, INC., A California
___ (Cor L
" Le s so r "
JUL G 1976
f the rents herein reserved and the covenants %lfl."e In Consider
and agreements herein contained on the part Of Lessor and Lessee
to be kept, observed and performed, the Lessor has demised and
leased, and by these ?resents does demise and lease unto the
Lessee, and the Lessee has hired and taken, and by these presents
does hire and take from the Lessor the.real property, situate,
lying and being in the City of Carlsbad, County of San Diego,
State of California, mare particularly described in Exhibit I
hereto, which said exhibit is here* inco-rporated hersin by
reference, tosether with all buildings and appurtenances, if any,
presently existing thereon, for the tern hereinafter set forth,
I
The term of this Lease snall co.mence upon the date of recordation
of this Short Fo-m of Lease, and shall teriaina'iP, Nay 31, 2059, subject
to earlier termination 2s provided in that Gromd Lease of even
date.
I1
Lessee has the Right of First Refusal to purchase Lessor's interest
in the deniszd premises, on the
even date referred to herein.
} ss.
before me,
.-
the unclersigned,
d kncwn to me to lie the -President, and
5 5, 2
g
--&----, known to me to he
____.__--.-Secretary of the rorporation that executed the within Instrument, known to me to lie the persons who executed the
within Iwtrunient on tiehalf of the corporation therein named, and nc.knowlcdget] to me that such corporation esecuted the within
instrument pursuant to its by-laws or a resolutlort of its board of directors. A
1. Lems set forth in that Lease of
FOR NOTARY SEAL OR STAMP
} ss. STATE OF CALIFORXI
CO L! NTY OFL--&W------
on2d /K+ .U.%-- ljefore me,
personally appeared -
known to nlp to I,e
irtstruinent pursuant to its l,y-laws or a resolution of its board of directors.
SANTA ANITA DEVELOPMENT CORPORATION,
A California Corporation
I' Le s see 'I
8 SAFECO
FOR NOTARY SEAL OR STAMP
-2-
@-
EXHIBIT 1
PAXCEL A
a595
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, described as follows:
Beginning at the most southerly corner of Parcel 2 of Parcel
Map No. 487, according to Official plat thereof filed in the office
of the County Recorder of San Diego County, thence northwesterly
along the southwesterly line of said Parcel 2, North 60'45'03"
west, 473.19 feet to the northeasterly corner of land described
in a deed to the City of Carlsbad, recorded March 25, 1968,
Recorder's File No. 49109 of official records, thence along
the northerly line of said land, south 88'33'33" west (record
south 87"58'32" west) 197.05 feet to an intersection with the
easterly right of way line of El Camino Real (126.00 feet wide) according to road survey No. 1800-65 filed in the office of the County Engineer of said county and described in Parcel
66155-A in deed to the County of San Diego, recorded October
19, 1966, Recorder's File No. 167629, thence northerly along
said easterly right of way line nor-th 03°09103" west 344.76
feet to the most westerly corner of Parcel 1 of said Parcel
Map No. 487, thence leaving the easterly right of way line of
said El Camino Real easterly and northerly along the northerly
and westerly lines of Parcel 1 of said Parcel Map 140. 487, North
73'50'57" east, 120.05 feet, north 50°50'50" east, 69.26 feet,
north 03"09'03'' west, 88.77 feet and north 21'32'33" west, 77.71
feet to the most northerly corner thereof and an intersection
with the southeasterly right of way line of Haymar Drive as
said street is shown on said Parcel Map No. 487, being also a point in the arc of a non-tangent 445.00 foot radius curve,
concave northwesterly, a radial line to said point bears south
25'03'18" east, thence northeasterly along said southeasterly right of way line and along said curve through a central angle
of 16'17'44" an arc distance of 126.56 feet to a point to which a radial line bears south 41"21102" east, thence from said last
mentioned point north 49'38'51'' east, 279.05 feet to the
beginning of a non-tangent 450.00 foot radius curve, concave
southeasterly, a radial line to said curve beginning bears
north 41'22'45'' west, thence northeasterly along said curve
through a central angle of 27'32'56" an arc distance of 216.37
feet to a point to which a radial line bears north 13'49'49" west, thence leaving the southeasterly right of way line of
said Haymar Drive, south 03'09'03'' east, 1087.08 feet to an
intersection with the southeasterly line of Parcel 2 of said Parcel Map No. 487, thence southwesterly along said south-
easterly parcel line south 46"00'31" west, 103.80 feet to the most southerly corner thereof and the point of beginning,
gessor holds the portion of the above described real property
lying within Parcel Map No. 487. under a leasehold estate created
by that Ground Lease dated February 27, 1974, Lessor Carroll R.
Kelly and Alice L. Kelly, Husband and Wife, Lessee Azalea, Inc.,
a California corporation recorded February 24, 1975, Recorder's
File No. 75-041613 and Recorder's File No. 75-041615. Lessor
holds the balance in fee simple absolute.)
1596
A non-exclusive easement for the term of this Ground Lease
with respect to Lessor's leasehold estate in the following
described real property:
LEGAL DESCRIPTION OF SLOPE EASEMENT
A portion of Parcel 2 of Parcel Map No. 487, filed in March, 1971 in Records of San Diego County, California, being sit- uated in the City of Carlsbad in said County and State, described as follows:
Commencing at the most southerly corner of said Parcel 2; thence
along the southeasterly boundary of Parcel 2, North 46°00'3111
east, 103.80 feet to the True Point of Beginning; thence North
3O 09'03" west 1087.00 feet to a point on the southerly line
of Haymar Drive, being a point on a curve concave southeasterly
and having a radius of 450.00 feet. A radial line through said point bears north 13"49'47" west, and said point is located at
an arc distance of 7.03 feet westerly from a point of compound
curvature in said southerly line of Haymar Drive. south 53O 00'00" east 200.00 feet; thence south 12°30'00" west
240.00 feet; thence south 11°30'OO"-east 340.00 feet; thence
south 2°00'00" west 230.00 feet; thence south 32O43'34" west 199.38 feet to the True Point of Beginning.
Thence,
The area used for such slopes may be changed by Lessor provided
such changes made shall not be in violation of any rule,
regulation, ordinance, statute or law of any applicable
governmental agency, and provided further no changes in the
plans, improvements or site work of Lessee are required, and
no costs or expenses of such changes shall be borne by Lessee.
The area of this easement shall not be reduced to a width of
less than forty feet (40') and in no event shall buildings be
erected within forty feet (40') of the westerly boundary of
such easement.
PARCEL C
Two non-exlusive easements for the term of this Ground Lease
for ingress, egress to and from and passage over the following
described easement areas by pedestrians, automobiles and other
vehicles:
EASEMENT AREA NO. 1
That portion of the Northwest One-Quarter of Fractional Section
32 Township 11, south, Range 4 west, San Bernardino Base and
Meridian, in the City of Carlsbad, County of San Diego, State
of California, more particularly described as follows:
2
c .E 9 '% 1597
Beginning at the intersection of the easterly right-of-way
line of that 126.00 foot street known as El Camino Real with
the southerly right-of-way of State Highway X1-SD-78 as shown
on on R.S. 1800-65; thence along said State Highway right-of- way line; North 68O27'27" east 124.74 feet to a point of
intersection with a 445.00 foot radius curve to the left, a radial to which bears south 20O55'58" east;
the TRUE POINT OF BEGINNING.
curve 32.02 feet through a central angle of 4°07'20" to a point,
a radial to which bears south 25O03'18"
said State Highway right-of-way line south 21O32'33" east 77.71 feet; thence northwesterly in a straight line 83 feet more or less to the TRUE POINT OF BEGINNING.
said point being
Thence along the arc of said
east; thence leaving
EASELVENT AREA NO. 2
That portion of the Northwest One-Quarter of Fractional Section
32 Township 11 south, Range 4 west, San Bernardino Base and
Meridian in the City of Carlsbad, County of San Diego, State of California, more particdarly as follows:
Beginning at the intersection of the easterly right-of-way line of that 126.00 foot street known as El Camino Real with
the southerly right-of-way of State .Highway X1-SD-78 as shown
on R,S. 1800-65; thence along said State Highway right-of-way line; north 68O27'27" east 124.74 feet to a point of inter- section with a 445.00 foot radius curve to the left, a radial to which bears south 20O55'58" east; thence along the arc of
said curve 32.02 feet through a central angle of 4007'20" to
a point, a radial to which bears south 25O03'18" east; thence leaving said State Highway right-of-way line south 21°32'33"
east 77.71 feet; thence south 3°09'03" east 88.77 feet to a
point said point being the TRUE POINT OF BEGINNING; thence
south 50°50'50" west 69.26 feet to a point, thence south
73O50'57" west 120.05 feet to a point on the easterly right-
of-way line of El Camino Real, thence north 3O09'03" west 30.00 feet, thence easterly in a straight line 176 feet more or less
to the TRUE POINT OF BEGINNING. xxxxxx
Lessor hereby reserves a non-exclusive easement for ingress
and egressLto and from the other leasehold estates held by Lesso4by
pedestrians, vehicles and utilities over the following described property (which is part of the above described Parcel A) -
A 35' wide strip over that portion of Parcel 1 shown on City
of Carlsbad Parcel Split Map No. 230, lying 17.50 feet on each side of the following described centerline:
Beginning at the most northerly corner of Parcel 1 as shown on Parcel Map No. 487, said point being on a curve concave north-
westerly and having a radius of 445.00 feet, a radial through said point bears north 25O30'18" west; thence along said curve through a central angle of 16"17'44", an arc length of 126.56 feet; thence north 49O 38'51" east along the northerly line of
Parcel 2 of said Parcel Map No. 487, 133.00 feet to the True Point of Beginning; thence south 40° 21'09" east 27.50 feet;
thence north 49O38'51" east, parallel with said northerly line
of Parcel 2, 146.05 feet to the beginning of a tangent curve
concave southerly and having a radius of 282.50 feet; thence
along said curve through a central angle of 41"57'13", an arc
length of 206.86 feet to a point of termination on the easterly
line of said Parcel 1 shown on City of Carlsbad Parcel Split
Map. No. 230.
3
c
This retained right of ingress and egress shall adjoin the most
easterly access road (and if the above description does not
it shall be revised so to do when the exact location is known)
through the subject property in the north-south direction as
such easement area is described in that recorded Grants of
'Easements and Declaration of Restrictions dated January 31,
xxxxxxx 1974.
Lessee shall not be responsible to Lessor for paying taxes,
performing maintenance, and paying any insurance with respect
to the easements created in Parcels B and C described above;
provided, however, that if the City of Carlsbad requires
planting on the slope referred to in Parcel B above, Lessee
shall be responsible for such plantings and maintaining them.
Lessee's duty to pay taxes, perform maintenance and pay for
insurance on Parcel A shall not be reduced by reason of
Azalea Is retained easement for ingress and egress .referred
xxxxxxx to above.
The lease of Parcel A above includes the lease of any land
or rights of Lessor included in any adjoining abandoned or
vacated streets, and access to such adjoining streets, except
to the extent restricted, if at all, by the Master Ground
Lease referred to under the description of said Parcel A.
TQ:srn to=. >anta Anita Development Corp.\I P.O. Box 1880 I Newport Beach, Ga, 92660 Attn: Bill Hughes
RE: 958143 Carlsbad Plaza
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RESTAURANTS C'OMPAR ISON
* .. 0.;. sim . Denny's . McDonald's Bob'sBigBoy Love's
..
b .
P-2 R-3 R4 . Stti* Number R-1
* .. .
Background Data
58: 37 72 Parking spaces
1pOOSq. Ft. of
Floor Area
Seating Capacity
Employees
-50
4.5
165
45
..
38 . 3.0 4.0
144 80 1 28
61 54' 30
Ob 0.2 0.7 0.7 Acres
Awrage Weekday
Peak Hour - PeakHwr
3,050 2,524
130 440 160
14.4% 6.3%
0
Weekday Trips per...
Perking Space 34.1 82.4 35.1
631 .o 1,OOOSq. Ft. (Bldg) 521.0 1 ,016.6
33.9 19.7
Employee
Acre 3,300.0 15,250.0 3d58.0 '
Seat . 13.7
38.8 66.6 84.1
..
19.6 -
21 7.8
5.9
21 .E
1,400.0
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r, ..:.::* --,-,. LA &b,..+-:. ; !* .. , ...... .. :.r ..... ......... Vehictc Occupancy =. 1.45 ~ Persons Per Abto (Weekday) -2 , - .. ..
............................. y;.+<:l.J :.. 7 .;;i.c-:2.1-:3= 3,: . ..... ... . . _..
...
.... __. . : , . .. ..
....... .. .-,. ..... .. McDOP- ALD'S -_ _I
A chain restaurant specializing in short-order food. The location is on a major business
arterial in a coinniercial area. Drive-through food services are available, as well 3s inside and
outdoor seating facilities.
. -., . -. ... . ... - ...... ..
e
PLANNING Li A FIC I -I IT E C;TU F4 E
TO
Tom Hageman
Planning Department City of Carlsbad
u.a.nnlng Departn-iui t
PROJECT
Carlsbad Plaza
Carlsbad, California
DESCRIPTION
Enclosed are the following:
One copy of the Specific Plan
Application
One copy of the Conditional Use Permit Application.
15 prints of the site plan (dated
4 February 1977).
15 prints of the McDonald's build-
ing elevations (two sheets) , dated
August 12, 1976.
One check for $150.00 (Specific
' Plan $100.00: C.U.P. $50.00).
One copy of the short form of
ground lease.
-
c
DATE Feb. 9, 1977
VIA Hand
JOBNO. 7584
BY Ran Rob2rts
I DENT IF I CAT1 0 N
TRACINGS
SPEC IF IC AT IONS
SHOP DRAWINGS
SAMPLES
PRICE REQUEST
CHANGE ORDER
ADDENDUM
CONTRACT
REPORT
x PRINTS
X Applications
PURPOSE
INFORM AT1 ON
ACTION
Q U GTAT IO N
BIDDING
PER REQ\ IEST
. XYOURUSE
ACTION
CORRECT & RESUBMIT
. APPROVED
DISAPPROVED
RETURN
, FOR APPROVAL
COPY TO
MEMUEnS AMERICAN INSTITUTE OF ARCHITECTURE 440 IJPAS STREET SAN UIECW CALIFORNIA 02103 PO BOX 33328 TEL 714 287 0131