HomeMy WebLinkAbout2005-04-06; Planning Commission; Resolution 58701
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PLANNING COMMISSION RESOLUTION NO. 5870
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW THE OPERATION
RESTAURANT ON PROPERTY LOCATED AT 5990 AVENDA
ENCINAS WITHIN THE MELLO 11 SEGMENT OF THE LOCAL
COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONE 3.
CASE NAME: McDONALD’S RESTAURANT
OF A DRIVE-THRU FOOD SERVICE AT THE MCDONALD’S
CASE NO.: CUP 94-09x2
WHEREAS, K.R Schulz, “Applicant,” has filed a verified application with the
City of Carlsbad regarding property owned by Vogel-Beljean Trust “Owner,” described as
Parcels 1 and 2 of Carlsbad Tract Map 92-04, in the City of
Carlsbad, County of San Diego, State of California, according
to map thereof no. 13937, filed in the Office of the County
Recorder of San Diego September 3,1985 as file No. 85-321661
of official records
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “N” dated April 19, 1995, on file in the Planning
Department McDONALD’S DRIVE-THRU - CUP 94-09x2, as provided by the conditions of
approval of CUP 94-09x1 and Chapter 21.42 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 6th day of April 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension, CUP 94-09x2.
WHEREAS, on the 5th day of December, 2001, the Planning Commission
approved an extension of CUP 94-09x1 as described and conditioned in Planning Commission
Resolution No. 5089.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES the Conditional Use Permit Extension for
McDONALD’S RESTAURANT - CUP 94-09x2, based on the following
findings and subject to the following conditions:
Findinm :
1. The adopted findings for CUP 94-09x1, which are contained in Planning Commission
Resolution No. 5089, apply to this extension and are incorporated by this reference.
2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301, Existing Facilities,
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; record a notice of violation on the
property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City’s approval of this Conditional Use Permit.
2. All conditions of approval imposed upon Conditional Use Permit CUP 94-09x1 as stated
in Planning Commission Resolution No. 5089 shall apply as conditions of approval for
CUP 94-09x2 and are incorporated by this reference, except Condition No. 4 is replaced
by Condition No. 3 and new Conditions No. 4,5, and 6 below.
3. This Conditional Use Permit is granted for a period of five (5) years from April 19,2005
through April 18,2010. This permit may be revoked at any time after a public hearing, if
it is found that the use has a substantial detrimental effect on surrounding land uses and
the public’s health and welfare, or the conditions imposed herein have not been met. This
permit may be extended for a reasonable period of time not to exceed five (5) years upon
written application of the permittee made no less than 90 days prior to the expiration date.
The Planning Commission may not grant such extension, unless it finds that there are no
PC RES0 NO. 5870 -2-
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substantial negative effects on surrounding land uses or the public’s health and welfare.
If a substantial negative effect on surrounding land uses or the public’s health and welfare
is found, the extension shall be denied or granted with conditions which will eliminate or
substantially reduce such effects. There is no limit to the number of extensions the
Planning Commission may grant.
Within 6 months of the date of this CUP extension, Developer shall prepare a drive-
thru operational study analyzing the existing onsite vehicular queuing conditions
during peak service times. The study shall include specific recommendations to
improve operation of the drive-thru as it relates to the parking lot circulation and
adjacency to Avenida Encinas. The study shall be submitted to the City Engineer
for approval.
Within 1 year of the date of approval of this CUP extension, Developer shall provide
proof to the City Engineer that all methods are implemented pursuant to the
approved operational drive-thru study.
Owner shall comply with Order No. 2001-01 of the California Regional Water
Quality Control Board and City of Carlsbad Standard Urban Storm Water
Mitigation Plan addressing measures to reduce waste discharge in urban runoff.
Owner shall develop an employee education and training program for developing
proper measures to reduce waste discharge. As a part of these measures, each
restaurant operator shall train employees to:
a.
b.
C.
Pick-up and dispose of all on-site trash daily;
Sweep all dirt and debris rather than wash from walkways and driveways.
Swept dirt and debris shall be disposed of in the trash. If any washing is to
occur, then direct washing of walkways or driveways to lawn areas to
minimize runoff into the City streets and storm drains; and
Clean floor mats, exhaust filters, etc. within the building with discharge to a
grease trap to sanitary sewer. Any outside cleaning must occur within a
contained area and be discharged to a sanitary sewer.
PC RES0 NO. 5870 -3 -
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days fiom date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 6th day of April 2005 by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Heineman,
Montgomery and Whitton
NOES:
ABSENT: Commissioner Dominguez
CARLSBAD PLANNI~G COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5870 -4-