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Home My WebLink AboutCUP 92-01x1; Palomar Place In-N-Out Drive Thru; Conditional Use Permit (CUP)le City of CARLSBAD Planning Departme' A REPORT TO THE PLANNING COMMISSION Conditional Use Perm.lt Extension Item No.@ Application complete date: N/A P.C. AGENDA OF: August 7, 2002 Project Planner: Michael Grim Project Engineer: David Rick SUBJECT: CUP 92-0lxl -PALOMAR PLACE -IN-N-OUT DRIVE THRU -Request for a retroactive ten year extension of CUP 92-01 to allow the continued operation of a drive thru restaurant at 5990 Avenida Encinas in Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5260 APPROVING a retroactive ten year extension of CUP 92-01 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed ten year extension of CUP 92-01 will allow the continued operation of a drive thru restaurant at 5990 Avenida Encinas from June 30, 2002 through June 29, 2012. III. PROJECT DESCRIPTION AND BACKGROUND On July 1, 1992 the Planning Commission approved CUP 92-01 to allow the development and operation of a drive thru restaurant at 5990 Avenida Encinas. Condition No.5 ofthe approving CUP Resolution No. 3393 specifies that CUP 92-01 is granted for a period of 10 years but may be extended upon written application of the permittee (In-N-Out Burgers). The applicant, In-N- Out Burger, is requesting a 10 year extension of CUP 92-01 to allow the continued operation of a drive thru restaurant at this site. IV. ANALYSIS A. The drive thru restaurant continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan 2. Local Facilities Management Plan 3 3. Local Coastal Plan (Mello II) 4. Palomar Airport CLUP 5. Title 21 of the Carlsbad Municipal Code L__ ________________________________ _ CUP 92-01x1-PALOM~LACE-IN-N-OUT DRIVE THRU e August 7, 2002 Pa e2 B. The adopted project findings for CUP 92-01, which are contained m Planning Commission Resolution No. 3393 still apply to this project (CUP 92-01x1). C. The adopted project conditions for CUP 92-01, which are contained in Planning Commission Resolution No. 3393 still apply to this project (CUP 92-01x1) with the exception of Condition No. 5 which is amended by Condition No. 4 in Planning Commission Resolution No. 5260 to extend CUP 92-01x1 for 10 years from June 30, 2002 through June 29, 2012. D. No formal written complaints regarding CUP 92-01 have been submitted to the City. E. Annual reviews have been conducted for CUP 92-01 and the project is in compliance with all conditions of approval. F. The extended CUP is exempt from environmental review per Section 15301, Existing Facilities, of CEQ A. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5260 (CUP) 2. Location Map 3. Disclosure Statement 3. Planning Commission Resolution No. 3393, dated July 1, 1992. MG:cs PALOMAR PLACE- IN-N-OUT DRIVE THRU CUP 92-01x1 e Cit of DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Pe~son is defined as "Any ;ndivid:..:r.l, firm, co-partnership, joint vP.nture. assoc1at1on. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. i. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 1 Oo/o of the shares. IF NO INDIVIDUALS OWN MORE THAN 1 Oo/o OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Raymund Villanueva Corp/Part IN-N-OUT BURGER Title Director of Development Title ------------------------------- 2. OWNER (Not the owner's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, addresses of all individuals owning more than 1 Oo/o of the shares. IF NO INDIVIDUALS OWN MORE THAN 1 Oo/o OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ______________________ __ Title -------------------------- Address ____________________ __ Corp/Part IN-N-OUT BURGERS, a CA corporation Title ------------------------------ Address 13502 Hamburger Lane Baldwin Park, CA 91706 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST N/A If any person identified pursuant to ( 1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non-profit organization or as trustee or beneficiary of the. Non Profit/Trust _______ _ Non Profit/Trust ----------- Title ____________ _ Title ----------------- Address Address --------------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve ( 1 2) months? DYes bJ No If yes, please indicate person(s): ____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correcry the best of my knowledge. t ~ • / ~ ~/tJ4/~z. __ Richard C. Boyd, V.P. of Real Estate Print or type name of owner & Development ~nat e of applicant/date Raymund Vjllanueva, Director of Development Print or type name of applicant Signature of owner/applicant's agem if appiicabie/date Print or type name of owner/applicant's agent