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HomeMy WebLinkAboutPUD 92-04; Palomar Place; Planned Unit Development - Non-Residential (PUD) (3)City of Carlsbad Planning Department July 15, 1992 Paul J. Nolan McDonald's Corporation 4370 La Jolla Village Drive, Suite 800 San Diego, CA 92122 SUBJECT: SDP 83-ll(D)/PUD 92-4/CUP 92-1 - PALOMAR PLACE APPEAL The letter dated July 8, 1992 requesting an appeal of the July 1, 1992 Planning Commission decision to approve SDP 83-ll(D)/PUD 92-4/CUP 92-1 has been received and constitutes a timely appeal of the Planning Commission decision. The letter requests "that the City Council deny the Burger King drive-thru facility on the same grounds that the McDonald's located in the same shopping center was denied such a drive-thru facility less than a year ago." The exact reason for the appeal of the decision remains unclear, however. Development permits, including Site Development Plans and Conditional Use Permits, are evaluated and approved based upon conformance with the City's General Plan, Municipal Code, and other applicable plans, standards, and policies. The permits were granted for the proposed drive-thru restaurant because it's design and location conformed with these documents. Development permits are not evaluated based upon a comparison with the merits of another project. Please provide clarification as to why these development permits do not conform with the appropriate regulations and requirements. This written clarification should be provided prior to the appeal hearing and in sufficient time to allow analysis and response by staff. Additionally, the appeal seems to focus solely on the drive- thru facility, not the entire Palomar Place project (as referenced above). Please also confirm if the intention of the appeal is to solely focus on the drive-thru facility. Please contact the project planner, Michael Grim, at (619) 438-1161, extension 4499, if you have any questions. Sincerely, MICHAEL J. HOLZMILLER Planning Director c: City Attorney ^ Assistant Planning Director Assistant City Engineer Principal Planner MJH:MG:vd SDP8311d.ltr 2O75 Las Palmas Drive • Carlsbad, California 92OO9-1576 •(619) 438-1161 r City o_f Carlsbad Engineering Department July 2, 1992 Palomar & Company c/o Russell W. Grosse Development Co. 5850 Aveinda Encinas, Suite A Carlsbad, CA 92008 PROPOSED MINOR SUBDIVISION NO. 92-04 A preliminary decision has been made, pursuant to Section 20.24.120 of the City of Carlsbad Municipal Code, to approve the tentative parcel map of the proposed minor subdivision subject to the following conditions: 1. The applicant may request a review of the preliminary decision with the City Engineer in writing within ten (10) days of the date of this letter. Upon such written request the City Engineer shall arrange a time and place with the applicant for such review. 2. The tentative parcel map approval shall expire twenty-four (24) months from the date of the letter containing the final decision for tentative parcel map approval. 3. The applicant shall provide the City with the approved tentative parcel map. The map shall be to scale on a reproducible 24" x 36" xerox or photo mylar. The tentative parcel map shall reflect the conditions of approval by the City. The reproducible shall be submitted to the City Engineer, reviewed and signed by the City's project engineer and project planner prior to submittal of the building plans, final map, improvement or grading plans, whichever occurs first. 4. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this tentative parcel map. 5. If the property is within the Coastal Zone, the applicant shall submit proof of a California State Coastal Commission permit signed and acknowledged by the applicant prior to parcel map approval. 2O75 Las Palmas Dr. • Carlsbad, CA 92OO9-1576 • (619) 438-1161 • FAX (619) 438-O894 r Palomar & Company Minor Subdivsion 92-04 July 2, 1992 Page: 2 6. The applicant shall defend, indemnify and hold harmless the City and its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or null an approval of the City, the Planning Commission or City Engineer which has been brought against the City within the time period provided for by Section 66499.37 of the Subdivision Map Act. 7. The applicant shall provide an acceptable means for maintaining the private easements within the subdivision and all the private: streets, sidewalks, street lights, storm drain facilities and sewer facilities located therein and to distribute the costs of such maintenance in an equitable manner among the owners of the properties within the subdivision. Adequate provision for such maintenance shall be included with the CC&R's subject to the approval of the City Engineer prior to final map approval. 8. A note to the effect of the following shall be placed on a separate sheet of the parcel map. All improvements are private and are to be privately maintained with the exception of the following: A. The public water main system serving the fire hydrants. 9. All required fees and deposits shall be paid prior to approval of the parcel map. 10. Prior to approval of the parcel map the owner shall pay and/or enter into an agreement with the City to pay any drainage area fees established as a result of the Master Drainage Plan Update. 11. The applicant shall pay the recording fees for all agreements, easements and documents required for this project prior to the approval of the parcel map. 12. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the parcel map. 13. Concurrent with the processing of the parcel map and the grading plan the developer shall prepare a signing, striping and pavement delineation plan to the satisfaction for the City Engineer for the main southerly entry/exit. r Palomar & Company Minor Subdivsion 92-04 July 2, 1992 Page: 3 14. Approval of MS 92-04 is granted subject to the approval of SDP 83-1 ID/CUP 91- 2/PUD 92-4. All conditions of approval of the above mentioned applications are incorporated herein by reference. 15. Concurrent with parcel map recordation a reciprocal access and parking easement shall be recorded. This easement shall cover all lots within SDP 83-11(D) and be to the satisfaction of the City's Planning Director and City Engineer. Carlsbad Municipal Water District Conditions 1. The entire potable and non-potable water systems for subject project shall be evaluated in detail to insure that adequate capacity and pressure for domestic, non- potable and fire flow demands are met. 2. The Developer's Engineer shall schedule a meeting first with the City Fire Marshall and then with the District Engineer to review the preliminary water system layout prior to preparation of the water system improvement plans. 3. The Developer will be responsible for all fees and deposits plus the major facility charge which will be collected at time of issuance of building permit. The developer shall pay a San Diego County Water Authority capacity charge which will be collected at issuance of application for meter installation. 4. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the water district serving the development determines the adequate water and service is available at the rime of application for water service and will continue to be available until time of occupancy. ROBERT J. WOJCIK Principal Civil Engineer RJW:JM:rz ADDENDUM NUMBER ONE TO GROUND LEASE THIS ADDENDUM NUMBER ONE TO GROUND LEASE is executed this 9th day of January 1985, by and between VOGEL-BELJEAN TRUST, hereinafter called "Lessor" and the MC DONALD'S CORPORATION, dba Delaware McDonald's Corporation, a Delaware Corporation, hereinafter called "Lessee". WITNESSETH: Whereas, the parties heretofore have executed a Ground Lease dated the llth day of April, 1984, for the premises commonly known as 5990 Avenida Encinas, Carlsbad, California, and Whereas the parties desire to amend such Lease Agreement: NOW, THEREFORE, the parties hereto agree as follows: 1. The rental amount set forth in Subparagraphs A, B, C & D of Article 3 shall be reduced to an amount determined by multiplying 70% times the amounts set forth in such subparagraphs. 2. Lessor and Lessee acknowledge that the site development plan as presently approved by the City of Carlsbad and the California Coastal Commission will not allow the development of a drive-through facility or the use of a free- standing, freeway-oriented sign. In consideration of the reduced rent set forth in Paragraph 1 above and the other terms and conditions set forth in this Addendum Number One, Lessee agrees to accept the demised premises with such restrictions. 3. Lessor agrees that Lessee may apply for a conditional use permit to the site plan and an amendment to the site plan with the City of Carlsbad and the California Coastal Commission to allow the use of a drive-through facility at Lessee's sole cost and expense. Lessor agrees to cooperate fully now and at any time in the future with Lessee and agrees to execute all documents as may be reasonably required to complete such applications and to obtain such approvals. 4. All provisions contained in Article 5, Subparagraph G relating to a drive-through facility and/or a free-standing sign are deleted except in the context of this Addendum. In addition to the Exhibit C which shall depict the restaurant facility without a drive-through facility, there shall be attached to this Addendum Number One an Exhibit C-l which shall depict the restaurant facility with a drive-through. ' 5. Lessee agrees to process through the Building Department, the Coastal Commission and the Planning Department of the City of Carlsbad plans and specifications for a McDonald's restaurant facility concurrently with their application for an amendment to the site plan and for a conditional use permit. It is the intent of the parties that should Lessee be unsuccessful in obtaining the conditional use permit and site plan amendment allowing the development of the drive-through facility.that, in any event, Lessee would construct its McDonald's restaurant in accordance with Article 5-G as amended by this Addendum and that the application for the conditional use permit and amendment to site plan would not delay the processing of the plans and specifications for the McDonald's facility without a drive-through facility. IttllS tutcttsful it *ny tine during the tern of this Lease or ];iill1ohfth9rtof In obtaining permits to construct a drive-through '; fiCUUy, Paragraph 1 of this Addendum shall be null and void and the rent as Orfglnilly scheduled shall commence on the next rental payment date. -.U'«r «»: ' • •' • IN WITNESS WHEREOF, the parties hereto have executed this Addendum Number One on the day and year set forth above. LESSOR: VOGEL-BELJEAN TRUST LESSEE: McDonald's Corporation dba Delaware McDonald's Corporation Paul Ecke, Sr., Tn/stee Wector of ReaTTaftatte-'Legal City of _Carlsbad April 4, 1992 Planning Department Russell W. Grosse Development 5850 Avenida Encinas Carlsbad, CA 92008 SUBJECT: PUD 92^/CUP 92-1/MS 92-4/SDP 83-11(D) - PALOMAR PLACE Thank you for applying for Land Use Permits in the City of Carlsbad. The Planning Department has reviewed your Non-Residential Planned Unit Development Permit, Conditional Use Permit, Minor Subdivision, and Site Development Plan, application nos. PUD 92-4/CUP 92-1/MS 92-4/SDP 83-11(D), as to its completeness for processing. The application is complete, as submitted. Although the initial processing of your application may have already begun, the technical acceptance date is acknowledged by the date of this communication. The City may, in the course of processing the application, request that you clarify, amplify, correct, or otherwise supplement the basic information required for the application. In addition, you should also be aware that various design issues exist. These issues will follow in a subsequent correspondence and must be addressed before this application can be scheduled for a hearing. Please contact your staff planner, Mike Grim, at (619) 438-1161 extension 4499, if you have any questions or wish to set up a meeting to discuss the application. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:MG/lh c: Gary Wayne Robert Green Brian Hunter Erin Letsch Bob Wojcik Jim Murray File Copy Data Entry Marjorie/Steve PUD924.COM 2O75 Las Palmas Drive •Carlsbad, California 92OO9-1576 • (619) 438-1 161