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HomeMy WebLinkAbout1995-04-19; Planning Commission; Resolution 3763- I1 0 e 1 2 3 4 5 6 7 a PLANNING COMMISSION RESOLUTION NO. 3763 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION AND EXISTINGMCDONALDS RESTAURANT ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF PALOMAR AIRPORT ROAD BETWEEN INTERSTATE 5 AND AVENIDA ENCINAS. CASE NAME PALOMAR PLACE CASE NO SDP 83-ll(F‘)/CUP 94-09 OPERATION OF A DRIVE-THRU SERVICE AT THE I 9 WHEREAS, the Planning Commission did on the 19th day of Apk lo hold a duly noticed public hearing as prescribed by law to consider said reque 1 1 (1 Negative Declaration, and 12 13 14 15 16 relating to the Negative Declaration. WHEREAS, at said public hearing, upon hearing and considering all te! and arguments, examining the initial study, analyzing the information submitted by st considering any written comments received, the Planning Commission considered all 17 commission as follows: ’ 8 NOW, THEREFORE, BE IT HEREBY RESOLVED by the P 19 20 21 22 23 24 25 26 27 28 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the P Commission hereby APPROVES the Negative Declaration accon Exhibit “ND”, dated September 12, 1994, and “PII”, dated August 2: attached hereto and made a part hereof, based on the following find Findings: 1. The Planning Commission of the City of Carlsbad has reviewed, analyz considered Negative Declaration (CUP 94-09), the environmental impacts identified for this project and any comments thereon prior to approving the 1 Based on the EIA Part-I1 and comments thereon, the Planning Commissic that there is no substantial evidence the project will have a significant effect environment and thereby approves the Negative Declaration. .... - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l e 0 2. The Planning Commission finds that the Negative Declaration (CUP 94-09) the independent judgement of the Planning Commission of the City of Carl 3. The Record of Proceedings for this project consists of the initial study, EIA and Negative Declaration, which may be found at the City of Carlsbad Con Development Building, 2075 Las Palmas Drive, Carlsbad, California in the of the Director of Planning. PASSED, APPROVED, AND ADOPTED at a regular meeting Planning Commission of the City of Carlsbad, California, held on the 19th day oj 1995, by the following vote, to wit: AYES: Chairperson Welshons; Commissioners Compas, Monroy, Nielsen, Noble and Savary. NOES: None. ABSENT: None. ABSTAIN: None. AnEST WM WELSHONS, Chairperson CARLSBAD PLANNING COMMI Planning Director 1 PC RES0 NO. 3763 -2- II 0 City of 0 Carlsbac NEGATIVE DECURATION PROJECT ADDRESS/LOCATION: 5990 Avenida Encinas in the City of Carlsbac County of San Diego. PROJECT DESCRIPTION: Conditional Use Permit and Site Development Pla: Amendment to allow the installation and operation of drive thru at an existing McDonald's Restaurant. The City of Carlsbad has conducted an environmental review of the above described projec pursuant to the Guidelines for Implementation of the California Environmental Quality Act an( the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, : Conditional Negative Declaration (declaration that the project will not have a significant impac on the environment) is hereby issued for the subject project. Justification for this action is on filc in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planninl Department, 2075 Las Palmas Drive, Carlsbad, California 92009, Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days o date of issuance. If you have any questions, please call Mike Grim in the Planning Departmen at (619) 438-1 161, extension 4499. DATED: SEPTEMBER 12, 1994 CASE NO: CUP 94-09/SDP 83-1 I(E) Planning Director CASE NAME: MCDONALD'S DRIVE THRI; PUBLISH DATE: SEPTEMBER 12, 1994 MG:vd 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 0 0 ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO. CUP 94-09/SDP 8 DATE; Aumst 22 BACKGROUND 1. CASE NAME: McDonald's Drive Thru 2. APPLICANT: Kris Schulz. McDonald's Franchisee 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 2648 Marmol Court Carlsbad, CA 92009 (619) 753-5403 4. DATE EIA FORM PART I SUBMITTED: July 8, 1994 5. PROJECT DESCRIPTION: Conditional Use Permit and Site Development Plan Arne allow the installation and operation of a drive thru at E McDonald's Restaurant. ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City cc Environmental Impact Assessment to determine if a project may have a significant effect on the en\ The Environmental Impact Assessment appears in the following pages in the form of a check checklist 8 identifies any physical, biological and human factors that might be impacted by the project and provides the City with information to use as the basis for deciding whether to p Environmental Impact Report or Negative Declaration. * A Negative Declaration may be prepared if the City perceives no substantial evidence that the any of its aspects may cause a significant effect on the environment. On the checklist, "N( checked to indicate this determination. * An EIR must be prepared if the City determines that there is substantial evidence that any asp project may cause a simificant effect on the environment. The project may qualify for a Declaration however, if adverse impacts are mitigated so that environmental effects can b insignificant. These findings are shown in the checklist under the headings 'YES-sig" and Ih respectively. A discussion of potential impacts and the proposed mitigation measures appears at the end of the fc DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to ( mitigation for impacts which would otherwise be determined significant. a a PHYSICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES (si@ 1. Result in unstable earth conditions or increase the exposure of people or property to geologic hazards? - 2. Appreciably change the topography or any unique physical features? .- 3. Result in or be affected by erosion of soils either on or off the site? - 4. Result in changes in the deposition of beach sands, or modification of the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? 5. Result in substantial adverse effects on ambient air quality? 6. Result in substantial changes in air movement, odor, moisture, or temperature? 7. Substantially change the come or flow of 8. Affect the quantity or quality of surface 9. Substantially increase usage or cause 10. Use substantial amounts of fuel or energy? water (marine, fresh or flood waters)? water, ground water or public water supply? depletion of any natural resources? - - - - - - - 11. Alter a significant archeological, paleontological or historical site, structure or object? - -2- YES (insig) - - - - - - - - - - - NO X - X - X - X - X - X - - X X - X X - - X - 0 0 BIOLOGICAL ENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (sig) 12. Affect the diversity of species, habitat or numbers of any species of plants (including trees, shrubs, grass, microflora and aquatic plants)? - 13. Introduce new species of plants into an area, or a barrier to the normal replenishment of existing species? 14. Reduce the amount of acreage of any agricultural crop or affect prime, unique or other farmland of state or local importance? - - 15. Affect the diversity of species, habitat or numbers of any species of animals (birds, land animals, all water dwelling organisms and insects? - 16. Introduce new species of animals into an area, or result ‘in a barrier to the migration or movement of animals? - HUMANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR INDIRECTLY: YES (si@ 17. Alter the present or planned land use of an area? 18. Substantially affect public utilities, schools, police, fire, emergency or other public services? - - -3- YES (insig) - - - - - YES (insig) - - NC x - 8 - x - x - X - NC X - X - a 0 €"ANENVIRONMENT WILL THE PROPOSAL DIRECTLY OR. INDIRECTLY YES big) 19. Result in the need for new or modifled sewer systems, solid waste or hazardous waste control systems? 20. Increase existing noise levels? - 21. Produce new light or glare? - 22. involve a significant risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation)? 23. Substantially alter the density of the human population of an area? - - 24. Affect existing housing, or create a demand for additional housing? - 25. Generate substantial additional traffic? - 26. Affect existing parking facilities, or create a large demand for new parking? 27. Impact existing transportation systems or alter present patterns of circulation or movement of people and/or goods? - - 28. Alter waterborne, rail or air traffic? - 29. Increase traffic hazards to motor vehicles, bicyclists or pedestrians? 30. interfere with emergency response plans or emergency evacuation plans? - - 31. Obstruct any scenic vista or create an aesthetically offensive public view? 32. Affect the quality or quantity of existing recreational opportunities? - - 4- YES (insig) - - - - - - - - - - - - - NO X X X - - - X - X - X X - - X - X X - - X - X - X - X - 0 0 MANDATORY FINDINGS OF SIGNIFICANCE WILL THE PROPOSAL DIRECTLY OR INDIRECTLY YES YES NC big) (big) 33. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wild- life species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or en- dangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. - - - B 34. Does the project have the potential to achieve short-term, to the dis- advantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) - - s - 35. Does the project have the possible environmental effects which are in- dividually limited but cumulatively considerable? ("Cumulatively con- siderable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) - - - s 36. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? s - - - -5- DISCUSSION OF ENVIRONMENT dll EVALUATION 0 The proposed McDonald's Drive Thru involves the installation of a drive thru lane at the existing M restaurant, located at 5990 Avenida Encinas. The project would also involve the conversion of 6; feet of inside seating to an exterior atrium and the installation of a children's playland. As part of th the adjacent CALTRANS Interstate 5 right-of-way will be landscaped and a crib wall will be ad sensitive resources exist on the developed property and all necessary facilities are already in place. of a portion of the restaurant building and the acquisition of additional property allows for adequa circulation. No signIfIcant adverse environmental impacts should occur as a result of this project PHYSICAL ENWR0N"E~ 1. The McDonald's Drive Thru site is already developed and no grading to such will be Some minor grading and the installation of a crib wall will occur within the CALTRANS 5 right-of-way adjacent to the proposed drive thru. All grading operations will conform tc of Carlsbad Standards with regard to compaction and no geologic hazards exist on the F developed site. Therefore, the proposed drive thru will not result in unstable earth cond increase the exposure of people or property to geologic hazards, either within the proj adjoining properties. 2. The topography of a gently sloping parking lot and adjacent side slope will remain. h physical features exist on developed site since the entire area has been paved or ( developed. The proposed development will not appreciably change the topography or ar physical feature. 3. All projects within the Coastal Zone are required to maintain effective soil erosion contro: restricted from grading during "rainy season" (October 1 through April 15). In additior control measures such as slope landscaping and protective devices are required by Chal the Carlsbad Municipal Code, City of Carlsbad Engineering Standards, and the City of Landscape Manual. No grading of earth will be allowed until the grading plans show erosion control measures to preclude the erosion of soils either on or off the site. 4. No recent beach sands, river or stream channels, oceans, bays, inlets or lakes exist w McDonald's Drive Thru development area. The site drainage is controlled through and developed property and no natural drainage course exists. The Pacific Ocean i approximately 1,500 feet to the west, however no modification to the ocean or shi proposed with this development. 5. Grading and construction of the McDonald's Drive Thru development will cause increase emissions in the form of dust and engine exhaust. Operation of the drive thru project I in an increase of daily vehicle trips, which will incrementally add to the existing mobi emissions. Construction and occupation of the project area will also increase the gas an power consumption, which will also incrementally contribute to air pollution emissions. : given the regional nature of air quality, and the programs in the San Diego Basin Air Quz the potential air quality impacts are lessened to the greatest extent possible. -6- 6. 0 0 All surfaces within the McDonald’s Drive Thru site will remain in their either dev vegetated state. Therefore, the proposal not result in significant or substantial chani surface and air energy and moisture exchanges. No odor sources are proposed with the development, therefore no substantial changes to odor levels should result. 7. The closest marine water source (the Pacific Ocean) is approximately one quarter mile s the project area and no alterations to its normal cycles are expected, No existing fres water come exists on the site. Therefore, the proposed drive thru project will not sul change the course or flow of marine, fresh, or flood waters. 8. No surface or ground waters exist within the McDonald’s Drive Thru site. Grading, cor and operation of the drive thru project will incrementally reduce the public water SUI project will be conditioned such that no building permits be issued unless the Carlsbad Water District determines that adequate water and service is available at the time of a for water service and will continue to be available until the time of occupancy. If th water supply is not sufficient at the time of building permit application, developmer postponed until the additional water reservoirs are operational. Therefore, as conditj proposed drive thru development will not substantially affect the quantity or quality 1 water, ground water or public water supply. 9. No significant natural resources, such as non-renewable energy sources, mineral resource5 agricultural lands, exist within the McDonald’s Drive Thru project area. Grading, constru operation of the development will incrementally increase the usage of natural resource gasoline, natural gas, and electrical energy consumption. This additional demand is not c a significant increase in the usage of any natural resource or substantial amount of fuel ( 10. See nine above. 11. The McDonald’s Drive Thru project site is fully developed and contains no features c interest. No archeological or paleontological sites or objects exist on the site and, the] significant impacts to historic or prehistoric features will occur. 12. The biological diversity of the project site is typical for a developed site. It is void of natik and contains a variety of ornamental landscaping. The proposed landscaping palate is the existing landscaping and all new species of plants are in keeping with the urbaxi Therefore, no significant effects will occur to the diversity of species, habitat or numb( species of plants as a result of the introduction of plant species proposed by the McDona Thru project. 13. See 12 above. 14. There are no agricultural or farmland uses on or near the proposed McDonald’s Drive c Since the entire site is already developed, there are no opportunities for agriculture. Ther McDonald’s Drive Thru proposal will not significantly reduce the amount of acreag agricultural crop or deet prime, unique or other farmland of state or local importance. 15. The only animals species within the McDonald‘s Drive Thru area are those typical to u . infill properties. Since there are no significant faunal resources on the site, no significar: affects to the diversity of species, habitat, or numbers of any species of animals should -7- . 16. 17. 18. 19. 20. 21. 22. a 0 No new species of animals, other than those potentially found in developed residential 2 proposed with the McDonald's Drive Thru project. Since the surrounding &ea is already dc no issue of non-native harassment of native animals exists. Therefore, the proposal significantly introduce new species of animals or result in a barrier to the migration or II of animals. HuMANENvIRo- The present land uses on the McDonald's Drive Thru involve only commercial restaurants, is also designated for these uses. Therefore, no significant alteration of present or plar uses is proposed. All public utilities required to support the proposed McDonald's Drive Thru development a.~ in place and the project is conditioned to pay various Public Facilities Fees, as required b: of Carlsbad Growth Management Program and the Local Facilities Management Plan (L Zone 3. Therefore, no substantial effects on public utilities, schools, police, fire, emel other public services should occur. The sewer infrastructure serving the McDonald's Drive Thru development area is in plac impacts to such are anticipated. The solid waste collection is conducted by Coa Management Inc., through an agreement with the City of Carlsbad, and the service expand the needs of new development. If any hazardous wastes are detected during soils inve: or construction operations, the County of San Diego requires testing and proper rem01 materials. All potentially hazardous substances that are stored on site during constructio~ maintained in safe containers and are monitored by the Carlsbad Fire Department. Therc McDonald's Drive Thru project will not result in the need for new or modified sewer systc waste or hazardous waste control systems. A temporary increase in the ambient noise levels will occur during grading and cor operations for the McDonald's Drive Thru project. As required by the Carlsbad Municipal construction activities can occur between the hours of sunset and 7:OO am on week between sunset and 8:OO am on Saturdays. No construction is allowed on Sundays or except by special permission. The prohibition of construction-related noise during the evt night, and the temporary nature of the construction operations will keep the noise level: level of significance. There are no new sources of light or glare proposed with the project other than tho! sources, such as drive thru lane lighting and security lighting. Since construction oper: limited to daylight hours, no significant sources or light of glare should occur due to cor operations. Therefore, no significant production of new light or glare should occur as a the McDonald's Drive Thru project. As discussed in item number 19 above, all hazardous materials are required to be ke] containers and their status is monitored throughout construction by the Carlsbad Fire De] If any hazardous substances are discovered on site, the County of San Diego moniton removal of these substances. The project therefore does not involve a Significant r explosion or the release of hazardous substances. -8- 0 e . 23. The McDonald's Drive Thru proposal includes no additional dwelling units. Therefore, no i of the density or human population of the area will result. 24. There are no existing residents within the area designated for development of the restam thxu. The project does not require any additional housing to accommodate the & Therefore, no significant affect to existing housing or creation of housing demand will I to the McDonald's Drive Thru project. 25. The additional traffic generated by the proposed development of the McDonald's Drive T€ slightly increase over the existing traffic generation. Since Palomar Airport Road anc Encinas have a maximum traffic capacity of 40,000 ADT and 20,000 ADT respectively, n impacts on the proposed roadways should occur due to the McDonald's Drive Thru devc The project is also conditioned to comply with all provisions of the Zone 3 Local Management Plan and Growth Management Ordinance. Therefore, no significant advers due to the additional'traffic generation of the McDonald's Drive Thru should take place 26. The proposed development would remove a portion of the building and the correspondin of parking. All required parking will remain in place and the drive thru will probably dec actual parking usage. Therefore, the proposed project will not affect existing parking fa create a large demand for new parking. 27. Since all construction activities will be confined to the project site, no effect to circulatil adjacent roadways should occur. The site is not used for any circulation of people or go than those activities directly related to the restaurant. Therefore, the McDonald's D: proposal will not adversely impact transportation systems or significantly alter present p circulation or movement of people and/or goods. 28. No waterborne, rail or air traffic use the McDonald's Drive Thru site directly. The closes is the North County Transit District line, approximately 800 feet to the west. The proj several miles from McClellan-Palornar Airport and the existing restaurant building is well ' overflight path. Therefore, the proposal will not significantly alter waterborne, rail or : 29. The construction of the McDonald's Drive Thm development is confined to the existing ! sliver of the adjacent CALTRANS property and no significant operations are needed withi traffic routes. Any operations involving any disruption of traffic flow requires a traffic COI to be approved by the City Engineer. Therefore, the proposed drive thru project significantly increase traffic hazards to motor vehicles, bicyclists or pedestrians. 30. The McDonald's Drive Thru site is not included as a part of any City-wide or local e: response or evacuation plans. The proposal will therefore not adversely interfere with e: response plans or emergency evacuation plans. 31. No scenic vistas exist in or around the flat, developed site. The proposed drive thr screened by a wall and the proposed crib wall and surrounding area will be heavily la Therefore, the proposed McDonald's Drive Thru will not obstruct any scenic vista or aesthetically offensive public view. -9- 0 . 32. NO recreational opportunities currently exkt within the McDonald‘s Drive Thru dev&Drr The proposed project will add a chil&en’s playland to the McDonald’s restaurant. ~e drive thru project will actually increase recreational opportunities and therefore not advea the quality or quantity of existing recreational opportunities. 33. As discussed in the preceding text, the proposed McDonald’s Drive Thru project does not potential to substantially degrade the quality of the environment, substantially reduce tl of a fish or wildlife population to drop below self-sustaining levels, threaten to eliminal of animal community, reduce the number or restrict the range of a rare or endangerec animal, or eliminate important examples of the major periods of California history or p The site for the proposed development is already developed and the project is merely ar to an existing development. 34. Some short-term impacts will result from the project, as detailed above, however insignificant. No long-term environmental impacts should occur and all long-term facilit are monitored and compensated by the administration of the City Growth Management The McDonald’s Drive Thru proposal does not have the potential to achieve short-ter disadvantage of long-term environmental goals. 35. As detailed above, the proposed McDonald‘s Drive Thru development is consistent applicable Local Facilities Management Plan, and other previously approved planning dc No potentially significant impacts will occur and conformance with area-wide planning d precludes cumulative impacts. The drive thru project does not have possible environmen which are individually limited but cumulatively considerable. 36. All human related impacts are insignificant. As discussed in items 17 through 32 s substantial adverse effects on human beings, either direct or indirect, are expected to o( -1 0- 0 0 . ANALYSIS OF VIABLE ALTERNATIVES TO THE PROPOSED PROJECT SUCH AS: a) Phased development of the project, b) alternate site designs, c) alternate scale of development, d) alternate uses for the site, e) development at some future time rather than now, f) alternate sites for the proposed, and g) no project alternative. a) This project is not of appropriate scale to consider phasing since the drive thru must be in as one functional unit. b) Alternate site designs would not provide adequate on-site circulation and would not c environmental advantages. c) The proposed scale of development is appropriate for the site and the lack of environment; does not justify an alteration of the scale of development. d) The site is designated for tourist-serving commercial uses, such as drive thru restaur alternative use may not conform to this designation and would likely not offer any envix advantages. e) Development at some future time would not lessen any environmental impacts or consid f) Alternative sites for the drive thru are illogical and not environmentally advantageous proposal is designed for this site and particular restaurant. g) The no project alternative would leave the restaurant without a drive thur, thereby redu competitive edge in the local market without offering environmental advantages. -1 1- + , DETERMINATION (To Be Completed By The Planning Department) 0 0 On the basis of this initial evaluation: - X I find the proposed project COULD NOT have a significant effect on the environme1 - I find that the proposed project COULD NOT have a significant effect on the environment NEGATIVE DECLARATION will be prepared. the environmental effects of the proposed project have already been considered in conjunc previously certified environmental documents and no additional environmental review is Therefore, a Notice of Determination has been prepared. - I find that although the proposed project could have a significant effect on the environmt will not be a significant effect in this case because the mitigation measures described on an sheet have been added to the project. A Mitigated Negative Declaration will be DroDos( - I find the proposed project MAY have a significant effect on the environment, ENVIRONMENTAL IMPACT REPORT is required. g-w-qq Date Signature v - l*/w Dbte LIST MITIGATING MEASURES (IF APPLICABLEl -12-