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
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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
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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