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HomeMy WebLinkAbout1996-01-16; City Council; 13471; Kooter's Barbeque AppealCl’= OF CARLSBAD - AGEP4 BILL APPEAL - KOOTER’S BARBEQUE CUP 95-10 RECOMMENDED ACTION: DEPT. HD. d&f@ That the City Council direct the City Attorney to prepare documents DENYING the Appeal and UPHOLDING the Planning Commission’s DENIAL of CUP 95-10. ITEM EXPLANATION This CUP application is for the construction of a drive-through facility for a proposed restaurant. The project site is an existing building at the northern end of the Carlsbad Plaza Shopping Center located on the east side of El Camino Real south of Haymar Drive. The applicant proposes to construct a drive-through facility onto the existing 8000 square foot building. Staff reviewed the proposed plan and recommended denial of the project because of traffic circulation and parking problems. At the public hearing on November 15, 1995, the Planning Commission voted 5-l (Erwin) to deny the application. (Commissioner Nielsen was absent.) The proposed drive-thru facility does not comply with the City’s Engineering policy requiring a minimum queuing distance and requiring that the queuing area be clear of parking stalls and traffic aisles. The Engineering policy requires a minimum queuing distance of 3 standard vehicle lengths between the pick-up window and the order board, and 5 standard vehicle lengths beyond the order board (a total of 8 vehicle lengths). The smallest queuing distance previously permitted in the City (for a low volume drive .thru) was a distance of 2 and 4 (a total of 8) vehicle lengths. The applicant’s proposal does not comply with either the standard, or the reduced, queuing requirement. The proposed facility can only accommodate 2 and 3 (a total of 5) vehicle lengths before the queue encroaches into the parking lot, blocking both traffic circulation and access to parking stalls. The proposed project would also result in a loss of existing parking on the site. The approved site plan for the shopping center currently shows parking spaces where the proposed drive-through facility structure would be located. These spaces would, of course, be eliminated. In addition, the parking stalls which would be blocked by the queue would need to be removed, resulting in a further reduction in the total number of spaces available in the center. Since the north end of the shopping center contains uses that generate a high parking demand, loss of any parking at this location could create parking problems. Finally, it is important to note that a CUP goes with the land. Therefore, even if the proposed restaurant were a low-volume user of the drive-through facility, future users of the facility might not be low-volume users. If the applicant were to vacate the building, another user with a higher-volume demand for the drive-through could occupy the building, creating a severe circulation and parking problem on the site. P6GE 2’OF AGENDA BILL NO. 13, Lf 3 ( ENVIRONMENTAL REVIEW A Negative Declaration was issued for this project on October 13, 1995. FISCAL IMPACT Denial of the drive-thru portion of the project would not preclude development of the site as a restaurant, therefore, no direct fiscal impacts will result from denial of this appeal. EXHIBITS 1. Location Map 2. Planning Commission Resolution Nos. 3337 and 3838 3. Planning Commission Staff Report, dated November 15, 1995 4. Excerpts of Planning Commission Minutes, dated November 15, 1995. -- -- KOOTER’S BARBECUE CUP 95-10 3 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 / - ExHBK2 PLANNING COMMISSION RESOLUTION NO. 3837 A RESOLUTION OF THE P LANNING COMMISSION OF THE ClTY OF CARLSBAD, CALIFORNIA APPROVING A NEGATIVE DECLARATION TO ALLOW A DRIVE- THROUGH FACILITY ON AN EXISTING BUILDING ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF HAYMAR DRIVE. CASE NAME KOOTER’S BARBECUE CASE NO: CUP 95-10 WHEREAS, the Planning Commission did on the 15th day of November, 1995, 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, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby APPROVES the Negative Declaration according to Exhibit “ND”, dated October 13, 1995, and “PII”, dated October 2, 1995, attached hereto and made a part hereof, based on the following findings: Findims: 1. The initial study shows that there is no substantial evidence that the project may have a significant impact on the environment. 2. The site has been previously graded pursuant to an earlier environmental analysis. 3. The streets are adequate in size to handle traffic generated by the proposed project. 4. There are no sensitive resources located onsite or located so as to be significantly impacted by this project. , 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 h - PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble and Savary NOES: Commissioner Envin ABsENTz Commissioner Nielsen ABSTAM None m4 WELSHONS, Chairperson CARLSBADPLANNIN G COMMXSION AlTESTZ Planning Director PC RESO NO. 3837 -2- 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 20 - PLANNING COMMISSION RESOLUTION NO. 3838 A RESOLUTION OF THE PLANNIN G COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE- THROUGH FACILITY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF HAYMAR DRIVE. CASE NAME: KOOTER’S BARBECUE CASE NO: CUP 95-10 WHEREAS, Fancher Development Services has filed a verified application with the City of Carlsbad which has been referred to the Planning Commission; and WHEREAS, said verified application constitutes a request for a Conditional Use Permit as provided by Chapter 21.42 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 15th day of November, 1995, hold a duly noticed public hearing to consider said application on property described as: Parcels 1 and 3 of Parcel Map No. 4?338, being a portion of Lots 4 and 5 of Fractional Section 32, Township 11 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, recorded June 18,1976. 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 CUP 95-10. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission DENIES Conditional Use Permit, CUP 95-10, based on the following findings: . 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 Findims 1. 2. 3. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, but IS detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located because the drive-through facility would not comply with Engineering policies requiring minimum queuing distance and would block required parking spaces belonging to all occupants of the center in common. The site for the intended use is NOT adequate in size and shape to accommodate the use because the site with the existing building cannot accommodate the proposed drive-through lane without violating the City’s Engineering policy requiring the provision of adequate queuing distance and access to parking spaces and traffic d&!S. All of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood WILL NOT be provided and maintained because the project would not provide adequate internal circulation and the minimum queuing distance necessary for the drive-through and would not maintain the accessibility of ail existing parking spaces. The street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use because the surrounding streets were designed to accommodate the traffic generated by the shopping center when at full occupancy. PC PESO NO. 3838 -2- 7 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 - - PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 15th day of November, 1995, by the following vote, to wit: AYES: Chairperson Welshons, Commissioners Compas, Monroy, Noble and Savary NOES: Commissioner Envin ABSENT: Commissioner Nielsen ABSTAIN: None KIM *LSHONS, Chairperson CARLSBAD PLANNIN G COMMISSION ATTEST Planning Director/ PC RESO NO. 3838 -3- NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: South side of Haymar Drive East of Good Guys. PROJECT DESCRIPTION: Construct a drivethrough lane on an existing 6,000 square foot building in an existing shopping center. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carisbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within 20 days of date of issuance. If you have any questions, please call Elaine Blackburn in the Planning Department at (619) 436-l 161, extension 4471. DATED: OCTOBER 13, 1995 CASE NO: CUP 95-10 CASE NAME: KOOTERS BARBECUE PUBLISH DATE: OCTOBER 13,1995 Planning Director 2075 Las Palmas Drive l Carlsbad, California 92009-l 576 l (619) 438-l 161 @ 4 - A. ENVIRONMENTAL IMPACT ASSESSMENT FORM - PART II (TO BE COMPLETED BY THE PLANNING DEPARTMENT) , CASE NO. CUP 95-10 DATE: October 2. 1995 BACKGROUND 1. CASE NAME: Kooter’s Barbecue 2. APPLICANT: Fancher Development Services 3. ADDRESS AND PHONE NUMBER OF APPLICANT: 1342 Bell Avenue. Suite 3K. Tustin. CA 92680 4. DATE EIA FORM PART I SUBMITTED: July 2 1. 1995 5. PROJECT DESCRIPTION: Construct a drive-through lane on an existing 6.000 sauare foot building for a restaurant use SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant impact’, or “Potentially Significant Impact Unless Mitigation Incorporated” as indicated by the checklist on the following pages. - Land Use and Planning X Transportation/Circulation - Public Services - Population and Housing - Biological Resources - Utilities and Service Systems - Geological Problems - Energy and Mineral Resources - Aesthetics - Water - Hazards - Cultural Resources X Air Quality 2 Noise - Recreation - Mandatory Findings of Signilicance Rev. 3/28p5 1.n - . DETERMINATION. (To be completed by the kad Agency). On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant effect on the envirdunent, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a sign&ant effect on the environment, there will not be a signifkant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have significant effect(s) on the environment, but at least one potentially significant effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT’ REPORT/MITIGATED NEGATIVE DECLARATION is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially signifkant effects (a) have been analyzed adequately in an earlier EIR / MITIGATED NEGATIVE DECLARATION pursuant to applicable standards and (b> have been avoided or mitigated pursuant to that earlier ElR / MITIGATED NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, a Notice of Prior Compliance has been prepared. IXI cl •J cl cl /D-/D/ 95 Date Planning Directo~gnat& lhlcii Date r Rev. 3m95 - - . ENVIRONMENTAL IMPAm STATE CEQA GUIDELINES, Chapter 3, Article 5, section 15063 requires that the City conduct an Environmental Impact Assessment to de&mine if a project may have a significaut effect on the environment. The Jhdronmental Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical, biological and human factors that might be impacted by the proposed project and provides the City with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or to rely on a previously approved EIR or Negative Declaration. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved. A “No Impact” answer should be explained when there is no source document to refer to, or it is based on project-specific factors as well as general standards. “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not adversely significant, and the impact does not exceed adopted general standards and policies. “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significant. Based on an “EIA-Part II”, if a proposed project could have a potentially sign&ant effect on the environment, but fl potentially significant effects (a) have been analyzed adequately in an earlier EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior en viromnental document have been incorporated into this project, then no additional environmental document is required (Prior Compliance). When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant effect on the environment. 17- - - , . If there are one or more potentially significant effects, the City may avoid preparing an EIR if there are mitigation measms to clearly reduce impacts to less than significant, and those mitigation measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative De&&on may be prepared. . An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially significant effect has not been discussed or mitigated in an Earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation measures that reduce the impact to less than sign&ant; (2) a “Statement of Overriding Considerations” for the significant impact has not been made pursuant to an earlier EIR; (3) pmposed mitigation measures do not reduce the impact to less than significant, or, (4) through the E&Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a level of significance. A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under DISCUSSION OF ENVIRONMENTAL EVALUATION. Particular attention should be given to discussing mitigation for impacts which would otherwise be determined significant. Rev. 3ms 13 - Isues (and Lhppat@ lnf(xm8tial scurccsl: I. LAND USE AND PLANNING. Would the proposal: a) b) cl d) d Conflict with general plan designation or zoning? (1:Pg 5.6-9, 5.6-10) ’ Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Be incompatible with existing land use in the vicinity? (1:Pg 5.6-9, X6-10) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? (1:Pg 5.13-6) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? (1:Pg 5.5-3) b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? (1:Pg 5.5-3) c) Displace existing housing, especially affordable housing? (1:Pg 5.5-3) III. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? (1:Pg 5.1-12) b) Seismic ground shaking? (1:Pg 5.1-12) c) Seismic ground failure, including liquefaction? (1:Pg 5.1-12) x x x x -\ x x x x x x x Rev. 3/28/9!! - . Is!?ues (md suppmhg Infarmrtiaa sawa?a): 4 e) 0 $1 h) 0 Seiche, tsunami, or volcanic hazard? (1:Pg 5.10.1- 4) Landslides or mudflows? (1:Pg 5.1-12) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? (1:Pg 5.1-13) Subsidence of the land? (1:Pg 5.1-11) Expansive soils? (1:Pg 5.1-12) Unique geologic or physical features? (1 :Pg 5.1 l- 1, 114) IV. WATER. Would the proposal result in: a) b) d 4 4 0 t3) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? (1:Pg 5.2-8) Exposure of people or property to water related hazards such as flooding? (1:Pg 5.10.14) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? (1:Pg 5.2-8) Changes in the amount of surface water in any water body? (1:Pg 5.10.1-4) Changes in currents, or the coqe or direction of water movements? Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge .capability? (1:Pg 5.2-8) Altered direction or rate of flow of groundwater? (1:Pg 5.2-8) poteotiluy siinifkant POtWidlY U&U Le!ssmll sinifii * - * Sipifiant Iw=t rlizgzi Impct &t x x x x x x x x x x x . Issues (and !hppahg xnfdal sources): h) Impacts to groundwater quality? (1:Pg 5.2-8) i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? (1:Pg 5.2-8) V. AIR QUALITY. Would the proposal: POtUltidly signifii IWXltidy Unlea LeaThan sisnificrm -- . Sigaifiant Impact Izgz!td Impact It&t x a) Violate any air quality standard or contribute to an existing or projected air quality violation? x - b) Expose sensitive receptors to pollutants? (1:Pg 5.3- 4, 3-7) c) Alter air movement, moisture, or temperature, or cause any change in climate? (1:Pg 5.3-4, 3-7) d) Create objectionable odors? (1:Pg 5.34, 3-7) VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? x - x x x x b) Hazards to safety fkom design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? (l:Pg X7-10 through 5.7-15) x c) Inadequate emergency access or access to nearby uses? (1:Pg 5.7-10 through 5.7-15) x d) Insufficient parking capacity or&e or off-site? (1:Pg 5.7-10 through 5.7-15) x e) Hazards or barriers for pedestrians or bicyclists? (1:Pg 5.7-10 through 5.7-15) ,- x f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? (1:Pg 5.7-10 through 5.7-15) 7 issues md sqpxtiq Infamdcn tiotmcs): g) VII. a) b) cl d) e) VIII. a) b) cl Rail, waterborne or air traffic impacts? (1:Pg 5.7- 10 through 5.7-15) BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Endangered, threatened or rare species or their habitats (iticluding but not limited to plants, fish, insects, animals, and birds? (1:Pg 5.4-21) Locally designated species (e.g. heritage trees)? (1:Pg 5.4-2 1) Locally designated natural communities (e.g. oak forest, coastal habitat, etc.)? (1:Pg 5.4-21) Wetland habitat (e.g. marsh, riparian and vernal pool)? (1 :Pg 5.4-2 1) Wildlife dispersal or migration corridors? (1:Pg 5.4-2 1) ENERGY AND MINERAL RESOURCES. Would the proposal: Conflict with adopted energy conservation plans? (1:Pg 5.12.1-5) Use non-renewable resources in a wasteful and inefficient manner? (1 :Pg 5.136) Result in the bss of availability of a known mineral resource that would be of future value to the region and the residents of the State? (1:Pg 5.13-6) A POtWhlly SigIlifii UllkSS . . . &-d Leslllm siificaut wt zt x x x x x x x x x Rev.3/28/!25 lssua (ad zhqpat& IlhmAticm saurcer): IX. HAZARDS. Would the proposal involve: a) b) c) 4 d A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation? (1:Pg 5.10.2-4 through 2-8) Possible interference with an emergency response plan or emergency evacuation plan? (1 :Pg 5.10.24 through 2-8) The creation of any health hazard or potential health hazard? (1:Pg 5.10.24 through 2-8) Exposure of people to existing sources of potential health hazards? (1:Pg 5.10.24 through 2-8) Increase fire hazard in areas with flammable brush, grass, or trees? (1:Pg 5.12.5-4) X. NOISE. Would the proposal result in: RXUllidly signifii FUtCntinllY Unleg Les5ThM SW.-- ** . Significant Inlpnct xl!t$z Impct Ilgict a) Increases in existing noise levels? (1:Pg 5.9-9,9- 12) b) Exposure of people to severe noise levels? (1:Pg 5.9-9,9-12) XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result 4n a need for new or altered government services in any of the following areas: a) Fire protection? (1:Pg 5.12.5-4) b) Police protection? (1:Pg 5.1262) c) Schools? (1:Pg 5.12.7-4) d) Maintenance of public facilities, including roads? - e) Other governmental services? (1:Pg 5.3-3) x x x x x x x ‘x x x x x 9 Rev. 3/2%p5 Ismu (md sqpming lllfam8tial sauar): XII. UTILITIES AND SERVICES SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: PMentirlly siii PWltidly UIhS LesTban signirtcrnt ** * Signifiamt m=t Iilzgcd laqmct II&t a) Power or natural gas? (1:Pg 5.12.14,1-5) b) Communications systems? c) Local or regional water treatment or distribution facilities? (1:Pg 5.12.2-5) d) Sewer or septic tanks? (1:Pg 5.12.3-3) e) Storm water drainage? (1:Pg 5.2-8) f) Solid waste disposal? (1:Pg 5.12.4-2) g) Local or regional water supplies? (1:Pg 5.12.2-5) - - XIII. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? (1:Pg 5.1 l-l,1 l-4; 1:Pg 5.7-15) b) Have a demonstrable negative aesthetic effect? (1:Pg 5.11-1,114) c) Create light or glare? (1:Pg 5.10.3-l) XIV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? (1:Pg 5.8-7) b) Disturb archaeological resources? (1:Pg 5.8-7) . c) Affect historical resources? (1:Pg 5.8-7) x x x x x x x x x x x x x d) Have the potential to cause a physical change which would affect unique ethnic cultural values? (1:Pg 5.8-7) 10 Rev. 3/L8ps lssuu (md sugpat& InfuIMtim sruras): POlEIUinUy SigXlifii POWidly UlhS LeaJThM significant -* * Significant lmpect lii2gcd Impnct IIgct e) Restrict existing religious or sacred uses within the potential impact area? (1:Pg 5.8-7) x XV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? (1:Pg 5.12.8- 6) b) Affect existing recreational opportunities? (1:Pg 5.12.8-6) XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fsh 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 endangered plant or animal or eliminate important examples of the major periods of California history or prehistory ? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a 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) c) Does the project have en vironme&d effects which wilI cause substantial adverse effects on human beings, either directly or indirectly? x x x x x 11 Rev. 3/28/!35 - . - XVII. EARLIER ANALYSES. a) b) cl Earlier analyses may be used where, pursuant to the tiering, prognun EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: Earlier analyses used. Identify earlier analyses and state where they are available for review. Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation measures. For effects that are Uss than Significant with Mitigation Incorporated,” describe the mitigation measums which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 12 Rev. 3/28/95 - . DISCUSSION OF ENVIRONMENTAL EVALUATION L PROJECTDESCRWTI ON/ENVIRONMENTALSETTING The proposed project is the construction of a drive-through lane on an existing 6,000 square foot building in a shopping center. The use of the building would then be restaurant rather than the current retail use. Although the restaurant use is more intense than the previous retail use, the City currently allows restaurant uses in shopping centers. IL ENVIRONMENTAL ANALYSIS: A. Non-Relevant Items I. Land Use And Planning b) The project is consistent with the General Plan and Zoning designations on the site. There are no other environmental documents (except CEQA) which are applicable to the project site. e) There is no established or planned residential community on or adjacent to the subject site. The area is fully developed with commercial uses. IV. Water e) There are no water bodies on or adjacent to the site. XI. Public Services d) All necessary public services are available or will be provided as a condition of approval should the project be approved. XII: Utilities And Services Systems b) All necessary utilities and services systems are available. B. Environmental Impact Discussion V. AIR OUALITY The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased gas and electric power consumption and vehicle miles traveled. These subsequently result in increases in the emission of carbon monoxide, reactive organic gases, oxides of nitrogen and sulfk, and suspended particulates. These aerosols are the major contributors to air pollution in the City as well as in the San Diego Air Basin. Since the San Diego Air Basin is a “non-attainment basin”, any additional air emissions are considered cumulatively significant: therefore, continued development to buildout as proposed in the updated General Plan will have cumulative sign&ant impacts on the air quality of the region. To lessen or rninimk the impact on air quality associated with General Plan buildout, a variety of mitigation measures are recommended in the Final Master EIR. These include: 1) provisions for roadway and intersection 13 Rev. 3mv95 32 - improvements prior to or Bt with development; 2) measures to reduce vehicle trips through the implementation of Congestion and Transportation Demand Management; 3) provisions to encourage alternative modes of transportation including mass transit services; 4) conditions to promote energy efficient building and site design; and 5) participation in regional growth management strategies when adopted. The applicable and appropriate General Plan air quality mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Operation-related emissions are considered cumulatively significant because the project is located within a “non- attainment basin”, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the certification of Final Master EIR 9341, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for air quality impacts. This “Statement Of Overriding Considerations” applies to all subsequent projects covered by the General Plan’s Final Master EIR, including this project, therefore, no further environmental review of air quality impacts is required. This document is available at the Planning Department. VI. TRANSPORTATION/CIRCUL,ATION The implementation of subsequent projects that are consistent with and included in the updated 1994 General Plan will result in increased traffic volumes. Roadway segments will be adequate to accommodate buildout traffic; however, 12 full and 2 partial intersections will be severely impacted by regional through-traffic over which the City has no jurisdictional control. These generally include all freeway interchange areas and major intersections along Carl&ad Boulevard. Even with the implementation of roadway improvements, a number of intersections are projected to fail the City’s adopted Growth Management performance standards at buildout. To lessen or minim& the impact on circulation associated with General Plan buildout, numerous mitigation measures have been recommended in the Fii Master EIR. These include meas&es to ensure the provision of circulation facilities concurrent with need, 2) provisions to develop alternative modes of transportation such as trails, bicycle routes, additional sidewalks, pedestrian linkages, and commuter rail systems; and 3) participation in regional circulation strategies when adopted. The diversion of regional through-traffic from a failing Interstate or State Highway onto City streets creates impacts that are not within the jurisdiction of the City to control. The applicable and appropriate General Plan circulation mitigation measures have either been incorporated into the design of the project or are included as conditions of project approval. Regional related circulation impacts are considered cumulatively signi&xnt because of the failure of intersections at buildout of the General Plan due to regional through-traffic, therefore, the “Initial Study” checklist is marked “Potentially Significant Impact”. This project is consistent with the General Plan, therefore, the preparation of an EIR is not required because the recent certification of Final Master ElR 9341, by City Council Resolution No. 94-246, included a “Statement Of Overriding Considerations” for circulation impacts. This “Statement Of Overriding Considerationa” applies to all subsequent projects covered by the General Plan’s Master EIR, including this project, therefore, no further environmental review of circulation impacts is required. III. SOURCE DOCUMENTS - (Note: all ofthe source documents are on file in the Planning Department located at 2075 Las Palmas Drive, Carl&ad, CA 92009, Phone (619) 438-1161.) 1. Final Master Environmental Impact Report for the City of Carl&ad General Plan Update (MEXR 93-01, City of Carl&ad Planning Department, March 1994. 14 Rev. 3mP5 23 . LIST MITIGATING MEASURES (-lF APPLICABLE] A’ITACH MITIGATION MONITORING PROGRAM IIF APPLICABLE) N/A 15 Rev. 3/2a/95 24 . APPLICANT CONCURRENCE WlTH MITIGATION MEASUUZ$ THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR WlTH THE ADDITION OF THJiSE MEASURES TO THE PROJECT. bate 16 Rev. 3f2aps -h 1- . EXI-WT 3 A REPORT TO TRE PLANNING COMMISSION &a Item No. 5 0 Application complete date: October 7,19!I5 P.C. AGENDA OF: NOVEMBER 15,1995 Project Planner. Elaine Blackburn Pmject Engineer: Ken Quon SUBJECIJ CUP 95-10 - KOOTER% BARBECUE: - Request by Fancher Development Services for a Conditional Use Permit to allow construction of a drive-through facility on an existing building in the Carlsbad Plaza Shopping Center. The shopping center is located on property zoned C-2 and located on the east side of El Camino Real south of Haymar Drive, within Local Facilities Management Zone 2. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution Nos. 3837 and 3838 APPROVING a Negative Declaration and DENYING CUP 95-10, based on the findings contained therein. II. INTRODUCTION The applicant for this project proposes to open a restaurant with associated liquor sales and a drive-through facility in an existing 6,OW square foot building in the Carlsbad Plaza Shopping Center. The requested Conditional Use Permit (CUP) is required for the drive- through facility to be constructed. Staff has reviewed the application and determined that the project does not satisfy applicable city requirements for drive-through facilities. III. PROJECT DESCRIPTION AND BACKGROUND The project proposed is a restaurant use with associated liquor sales and a drive-through facility. The restaurant would be located in an existing 6,000 square foot building at the northern end of the Carlsbad Plaza Shopping Center. The subject building is currently vacant. (It was previously occupied by a retail business). The requested drive-through facility would be constructed along the northern side of the building, with the queuing area extending along the eastern side (the rear) of the building also. The Carlsbad Plaza Shopping Center was originally approved in 1970. There was a previous request for a drive-through facility in the center which could not be accommodated because of traffic and circulation problems involved in attempting to retrofit a drive-through facility into the existing design. (McDonald’s proposed a drive-through in the center in 1976. That request was denied). - &JP 95-;O KOOTER’S tiARBECUE NOVEMBER 15,1995 PAGE 2 IV. ANALYSIS k General Plan The proposed project is consistent with two of the stated goals and objectives of the General Plan. Overall Land Use Pattern Goal A.3. calls for a city “which provides for land uses which through their arrangement, location and size, support and enhance the economic viability of the community”. The proposed project would enhance the economic viability of the community by contributing to the tax base and would be located in an area appropriate for the use type (i.e., an area designated for commercial uses). Commercial Land Uses Goal A.l. calls for a City “that achieves a healthy and diverse economic base...” which includes commercial development. The proposed project would contribute to that goal also by enhancing the economic base of the city. B. Conditional Uses (Chapter 21.42 of the Carlsbad Municipal Code) The proposed drive-through facility requires a Conditional Use Permit (CUP). A conditional use may be allowed if all of the required findings can be made. With regard to the proposed drive-through, staff believes that only one of the required findings can be made. Each of the necessary findings, and the project’s compliance or non-compliance, is discussed below. 1. Required Finding: That the requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; The requested use is desirable for the development of the community. The use could enhance the City’s economic base. In addition, the proposed location (in a successful shopping development near a major highway) is an appropriate location for the use. The use is also essentially in harmony with the various elements and objectives of the general plan. Consistency with the General Plan goals and objectives is discussed in detail in Section I.A. of this report (above). However, staff believes the use as designed would be detrimental to existing uses or to uses specifically permitted in the shopping center because the drive-through facility would not comply with the City’s Engineering policy for minimum queuing distance and would block access to required parking spaces belonging to all occupants of the center in common. The project does not compIy with the City’s Engineering policy for providing the required queuing distance for the drive-through lane and for access to parking. This policy, which has been applied to drive-through facilities of other previously approved restaurant projects, requires the provision of 3 standard vehicle lengths between the r- CUP 95-;O KOOTER’S tiA=xtJE NOVEMBER 15,1995 PAGE 3 pick-up window and order board, and 5 standard vehicle lengths beyond the order board, and requires that the entire queuing length be clear of (i.e., not block access to) parking stalls and traffic aisles. As proposed, the drive-through lane for this project can only accommodate 2 vehicle lengths between the pick-up window and order board, and only 3 vehicle lengths before the queue encroaches into the parking lot, blocking both traffic circulation and access to parking stalls. An alternative considered for meeting the queuing distance requirement would be to situate the pick-up window further west along the north side of the building and to also move the order board further west to increase the queuing distance in the lane. However, the applicant has indicated that the desired layout of the restaurant interior and the configuration of the existing building make it difficult to move the pick-up window further west. He, therefore, does not consider this possibility to be feasible. The applicant has indicated that this project will be primarily a sit down restaurant facility with a significantly lower traffic volume and drive-through demand than a typical fast food restaurant. In considering a drive-through facility for another previous low traffic volume restaurant project, the City permitted a reduced queuing distance requirement of 2 standard vehicle lengths between the pick-up window and order board, and 4 standard vehicle lengths beyond the order board, clear of parking stalls and traffic aisles. This reduced requirement was considered to be the minimum allowable distance necessary to avoid circulation and traffic impacts. However, even with the application of this reduced minimum requirement, the proposed project still would not comply with the policy, and therefore, cannot be supported by staff. In addition, staff is concerned with the future use of the building and drive-through facility. The applicant has stated that his restaurant is primarily a sit-down restaurant. However, the applicant may not occupy the building forever. If another user were to lease the building in the future, and that user has a high volume usage of the drive-through lane, the use of parking spaces in the general area of the site could be severely restricted and internal circulation severely impacted. With the drive-through facility already in place, it would be very difficult to further retrofit the facility for such a user. The applicant has proposed designating those parking stalls which would be blocked by a vehicle in the queue as employee parking for his restaurant employees. However, the designation of parking spaces for a single user is not possible in shopping centers because all parking stalls in the center belong to, and are shared by, all occupants of the center. The parking provided by the center currently is based upon an assumption that this sharing occurs. The current approved site plan for the shopping center requires and provides a total of 736 parking spaces for use by all occupants. Approximately 46 of these spaces are located in the area immediately surrounding the proposed restaurant building. If the parking requirement for each of the occupants were to be calculated individually, the number of required spaces CUP 95-10 KGGTER‘S dAR-J%ic!tJE NOVEMBER 15, 1995 PAGE 4 would be at least 835 spaces. This number significantly exceeds the number required under the current method of calculation. Restricting the use of individual parking spaces to specific users would be contrary to the shared use that is the basis for allowing 736 spaces to be provided rather than calculating each user’s parking requirement individually. (See Item 2, below, for more detailed discussion of these issues.) The Planning Department has previously allowed changes of uses in shopping centers provided that there was no loss of existing parking and that additional parking be provided for any proposed expanded use area. The applicant for the current project has stated verbally that the parking area can be redesigned to continue to provide 736 spaces, but in a different configuration. The applicant has also stated that his proposed site plan can accommodate 736 spaces. However, staff cannot confirm this exact number on the proposed site plan as the plan submitted is not legible in some areas. In addition, the submitted site plan shows some parking spaces in a location which would be blocked by cars in the drive-through lane, making those spaces unusable. The striping for such unusable spaces would need to be removed, resulting in a reduction in total parking for the center and in the immediate area of the proposed use. These blocked spaces cannot be restricted for use by a single user, as discussed above, because they belong to all occupants of the center and the parking requirement ratio is based upon shared use of all spaces. Therefore, staff has concluded, and recommends, that this required finding cannot be made. 2. Required Finding: That the site for the intended use is adequate in size and shape to accommodate the use; The site for the intended use is not adequate in size and shape to accommodate the use because the site with the existing building cannot accommodate the proposed drive-through lane without violating the City’s Engineering policy requiring the provision of adequate queuing distance and access to parking spaces and traffic aisles. The project does not meet the Engineering policy for providing the required queuing distance for the drive-through lane. As discussed in Item 1 above, this policy has been applied to drive-through facilities of other previously approved restaurant projects. The policy requires the provision of 3 standard vehicle lengths between the pick-up window and order board, and 5 standard vehicle lengths beyond the order board, and requires that the entire queuing length be clear of parking stalls and traffic aisles. The project also cannot accommodate a reduced queuing distance (the shortest queuing distance previously approved) of 2 and 4 standard vehicle lengths, as discussed in Item 1 above. - CUP 95:10 KOOTER'S HARBECUE NOVEMBER 15, 1995 PAGES As proposed, the drive-through lane for this project can only accommodate 2 vehicle lengths between the pick-up window and order board, and only 3 vehicle lengths before the queue encroaches into the parking lot, blocking both traffic circulation and access to parking stalls. The applicant has proposed designating those parking stalls which would be blocked by a vehicle in the queue as employee parking for his restaurant employees. Again, as discussed in Item 1 above, the designation of parking spaces for a single user is not possible in shopping centers because all parking stalls in the center belong to, and are shared by, all occupants of the center. The parking provided by the center currently is based upon an assumption that this sharing occurs. The approved plan for the shopping center currently requires and provides a total of 736 parking spaces for use by all occupants (a parking ratio of approximately 1 space for each 230 square feet of gross floor area). If the parking requirement for each of the occupants were to be calculated individually, the number of required spaces would be at least 835 spaces. Restricting the use of individual spaces to particular users would be contrary to the shared use that is the basis for allowing 736 spaces to be provided rather than a minimum of 835 spaces because it would prohibit other occupants of the center from sharing the use of those spaces. For the reasons discussed above, staff recommends that this required finding cannot be made. 3. Required Finding: That all of the yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; The existing shopping center includes walls, fences, and landscaping. Staff believes the current quantity and configuration will accommodate the proposed use. However, the “other features” necessary to adjust the proposed drive-through use to the center would not be provided. These would include the provision of adequate internal circulation and queuing distance necessary for the drive-through and maintaining the accessibility of all existing parking spaces. As discussed in Items 1 and 2 above, the proposed project does not provide adequate circulation, queuing distance, or access to parking spaces. Therefore, staff recommends that this required finding also cannot be made. 4. Required Finding: That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use; The public street system serving the proposed use includes El Camino Real and Haymar Drive. El Camino Real is a Prime Arterial intended to provide for regional and inter-city circulation and carry very heavy traffic volumes. Haymar Drive is a local street intended to provide access to adjoining properties and designed to carry a minimum amount of traffic. Haymar Drive is constructed to varying widths and . - CUP 95-10 KOOTER’S kSA-%!uE NOVEMBER 15,199s PAGE 6 currently dead ends approximately 1800 feet east of the proposed restaurant site. The traffic exiting the drive-through facility would exit onto Haymar. The street system surrounding the shopping center was designed to accommodate the traffic generated by the shopping center at full occupancy. Staff believes the street system, as it exists today, would accommodate any expected traffic, and that this required finding can be made. V. ENVIRONMENTAL REVIEW The Planning Director has determined that the proposed project could not have a significant effect on the environment and has, therefore, issued a Negative Declaration on October 13, 1995. VI. SUMMARY To summarize, staff has reviewed the proposed project and has determined that the project does not comply with the City’s Engineering policy regarding minimum queuing distance and providing adequate internal circulation and parking access. Staff has, therefore, concluded that only one of the four required findings necessary to grant the CUP can be made. Consequently, staff is recommending denial of the proposed project. ATI’ACHMENTS 1. Planning Commission Resolution No. 3837 2. Planning Commission Resolution No. 3838 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Disclosure Statement. - BACKGROUND DATA SHEET -- CASE NO: CUP 95-10 CASE NAME: Kooter’s Barbecue APPLICANT: Fancher DeveloDment Services REQUEST AND LOCATION: Construction of a drive-through facilitv on an existing 6.000 sauare foot building in a shopping center on the east side of El Camino Real south of Havmar Drive LEGAL DESCRIPTION: Parcels 1 and 3 of Parcel MaD No. 4838. being a nortion of Lots 4 and 5 of Fractional Section 32. Townshin 11 south. Range 4 west. San Bernardino Meridian. in the Citv of Carlsbad. County of San Diego. State of California. recorded June 18. 1976. APN: 167-030-50 Acres: N/A Proposed No. of Lots/Units: N/A (Assessor’s Parcel Number) GENERAL PLAN AND ZONING Land Use Designation C (Commercial) Density Allowed N/A Density Proposed N/A Existing Zone c-2 Proposed Zone C-2 Surrounding Zoning and Land Use: (See attached for information on Carlsbad’s Zoning Requirements) Site North south East west School District Carlsbad Zoning c-2 City of Oceanside c-2 R-1-10 c-2 PUBLIC FACILITIES Water District Carlsbad Land Use Shopping Center State Highway 78 Shopping Center Undeveloped Shonping Center Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) 14.67 EDU’s Public Facilities Fee Agreement, dated July 3. 1995 ENVIRONMENTAL IMPACT ASSESSMENT X Negative Declaration, issued October 13. 1995 Certified Environmental Impact Report, dated Other, K:iADMlNlMERQE\DOCiBDS.DOC EB:kr REV.?/91 32 , . CITY OF CARLSBAD GROWTH MANAGEMENT PROGRAM LOCAL FACILITIES IMPACTS ASSESSMENT FORM (To be Submitted with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: KOOTER’S BARBECUE CUP 95-10 LOCAL FACILITY MANAGEMENT ZONE: 2 GENERAL PLAN: C (COMMERCIAL) ZONING: C-2 DEVELOPER’S NAME: FANCHER DEVELOPMENT SERVICES ADDRESS: 1342 BELL AVENUE. SUITE 3-K. TUSTIN. CA 92680 PHONE NO: (714) 258-1808 ASSESSOR’S PARCEL NO: 167-030-50 QUANTITY OF LAND USE/DEVELOPMENT (AC., SQ. FT., DU): anxly 6.000 sf (existing building) ESTIMATED COMPLETION DATE: A. B. City Administrative Facilities: Demand in Square Footage = Library: Demand in Square Footage = Wastewater Treatment Capacity (Calculate with J. Sewer) Park: Demand in Acreage = Drainage: Demand in CFS = Identify Drainage Basin = N/A N/A C. D. E. N/A N/A Buena Vista F. 1.500 G. H. I. (Identify master plan facilities on site plan) Circulation: Demand in ADTs = (Identify Trip Distribution on site plan) Fire: Served by Fire Station No. = Open Space: Acreage Provided - Schools: 3 N/A N/A J. (Demands to be determined by staff) Sewer: Demand in EDUs - Identify Sub Basin - 14.67 N/A K. (Identify trunk line(s) impacted on site plan) Water: Demand in GPD - The project is untis the Growth Management Dwelling unit allowance. 3.227 L. EB:kr K:lADh4lNb4ERGB\DOC3LFL4C\LFIA.DOC 33 . . Disdosure StateM Page 2 -- 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards ommittees and Council within the past twelve months? If yes, please indicate person(s) Person is defined as: ‘Any indiviiuaf, firm, copartnership, joint venture, association, social club, fraternal organization, CorpOratiofI, estate. ttust, receiver, syndicate, this and any other county, city and county, city municipality, district or other polncal subdivision, or any other group or combination acting as a unit: (NOTE: Attach additional pages as necessary.) See attached signature page Signature of Owner/date Print or type name of owner \sJiLLittW Il. FAKJCH-EJ? Print or type name of applicant “A Q- &i- -city of C!rlsbad b’ , OISCLOSURE STATEMENT APP~CANTS STATEMENT OF OlSCLOSURE OF CERTAIN OWNERSHIP INTERESTS ON AU APPUCA~ONS WHICH WIU REOUIRE DlSCREfIONARY ACTION ON ME PART OF THE Cl-W COUNCIL OR ANY APPOlMEo i 6OARD, COMMISSION OR COMMflTEE. , I -! (Please Print) The following information must be disclosed: List the names and addresses of all persons having a financial interest in the application. FANCHER DEVELOPwbS MC 9 * 1342 BELLeAVENUE, SUITE 3K TUSTIN, CA 92680 -(714)258-1808 2. owner List the names and addresses of all persons having any ownership interest in the property involved. CARLSBAD PLAZA LTD. 800 NEWPORT CENTER DR, SUITE 250 NEWPORTBEACH, CA 92660 (714)759-9531 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names an addresses of all individuals owning more than 1096 of the shares in the corporation or owning any partnershI interest in the partnership. CARLSBAD PLAZA LTD. - WILLIAM W. HUGHES, JR. - JAMES A. CRABTREE - JOHN K. WAKEN r-dK UE’imi-m 1 -=J WlLLlAhl LJ. rANLl-a% ULNA I-ANLHCK 4. H any person identified pursuant to (1) or (2) above is a non-profit organiration or a trust, list the names an addresses of any person sewing as officer or director of the non-profit organizatlon or as trustee or beneficiar of the trust. N/A , . Disclosure Statement Signature Page, Carlsbad Plaza October 26, 1995 CAFILSBAD PLAZA, LTD., a California limited partnership / < By: Fe- f William W. Hughe's, Jr. General Partnk - EX-4 PLANNING COMMISSION November 151995 PAGE 7 5) CUP 95-10 - KCCTER’S BARBEQUE - Request for a Conditional Use Permit to allow construction of a drive-through facility on an existing building in the Carlsbad Plaza Shopping Center. The shopping center is located on property zoned C-Z on the east side of El Camino Real south of Haymar Drive, within Local Facilities Management Zone 2. Chairperson Welshons advised the applicant that they have the right to be heard before a full Commission. She inquired if they would like to be continued or heard tonight. Bill Fancher, 1342 Bell Avenue, Tustin, applicant, stated that he would like to proceed with the hearing tonight. Chairperson Welshons advised the applicant that the Planning Commission’s decision tonight is final unless appealed to the City Council within ten calendar days. Elaine Blackburn, Associate Planner, reviewed the background of the request and stated that the applicant is requesting a CUP for a drive-thru facility at a proposed restaurant with associated liquor sales/consumption, to be located in an existing building in the Carlsbad Plaza Shopping Center. The shopping center is on the east side of El Camino Real, immediately south of Haymar Drive and Highway 78. The proposed restaurant site is at the northern end of the center on property zoned C-2. The existing building is approximately 6,000 s.f., previously occupied by a retail use. The restaurant use with incidental alcohol sales/consumption is allowed by right in the C-2 zone. The CUP is required for the drive-thru facility. Staff has reviewed the proposed plan and believes that the findings necessary to approve the CUP cannot be made. The proposed drive-thru facility does not comply with the City’s engineering policy requiring a minimum queuing distance and a queuing area clear of parking stalls and traffic aisles so that internal circulation and parking are not impeded. The engineering policy requires a minimum queuing distance of three standard vehicle lengths between the pick-up window and the order board, and five standard vehicle lengths beyond the order board (a total of eight vehicle lengths). The smallest queuing distance previously permitted in the City (for a low volume drive-thru) was a distance of two and four (a total of six) vehicle lengths. The applicant’s proposal does not comply with either the standard, or the reduced, queuing requirement. The proposed facility can only accommodate two and three (a total of five) vehicle lengths before the queue encroaches into the parking lot, blocking both traffic circulation and access to parking stalls. The parking stalls which would be blocked by the queue would need to be removed, resulting in a reduction in the number of parking spaces in this part of the shopping center. The City has previously allowed changes in uses in existing underparked shopping centers as long as there was no loss of parking. Staff is concerned with any loss of parking to the center as a whole, because it is currently underparked according to current code requirements. However, we are also concerned with any loss of parking in this portion of the subject shopping center. Generally, parking in shopping centers should be dispersed such that a sufficient number of spaces are located within a reasonable proximity of each of the uses in the center. There are several parking-intensive uses in the subject portion of this shopping center (including the Good Guys retail use and several small restaurants). Yet this part of the center has the least amount of parking. Staff believes further intensification of uses and loss of parking in this portion of the center would exacerbate the problem. Staff recommends denial of the CUP on the basis that the necessary findings cannot be made. Chairperson Welshons invited the applicant to speak. Bill Fancher, 1842 Bell Avenue, Tustin, addressed the Commission and stated that the engineering policy referred to by staff is not written down and cannot therefore be called a standard. He explained the Kooter’s operation in Santee and stated that most customers dine in but there are some take-out customers who use the prime parking spaces in front of the restaurant while they are picking up their order. MINUTES 36 h , DRAFT PLANNING COMMISSION November 15,1995 PAGE 8 Most orders are called in prior to pickup. He would like to use the proposed location for a restaurant and limited drive-thru facility. By having a drive-thru which would accommodate 3-4 cars, it would open up more parking for diners. He noted that the drive-thru is not intended for the patron who wants to pick up a quick lunch and eat it in the parking lot. He believes that most orders will still be called in prior to pick-up. Mr. Fancher handed out a commentary on the Santee restaurant which was recently published in the Pennysaver. Steve Garland, Stevens & Garland, 16787 Beach Boulevard, Huntington Beach, addressed the Commission and explained that he calculated the drive-thru use and requirement for parking based on receipts at the San&e restaurant. He reiterated that the majority of business is inside dining and that only a very small percentage of patrons are take-out. Commissioner Erwin inquired if a restaurant’s business usually increases when a drive-thru is added. Mr. Garland replied that a typical fast food restaurant like MacDonald’s or Taco Bell would probably experience a 1 O-l 5% increase. ,However, he reiterated that Kooter’s does not operate like a MacDonald’s drive-thru. Commissioner Erwin inquired about the waiting time to pick up an order. Mr. Garland replied that the average wait would be two minutes. Most orders are called in ahead and the order is ready and waiting for pickup when the customer arrives. Mr. Fancher returned to the podium and stated that the owners have a great deal of experience in the fast food field, having previously owned Rally’s, Burger King’s, and Godfather’s Pizza. They will be using many of the same operations people who worked in these fast food facilities. In the case of Kooter’s, the meat is cooked for three days in large barbeque pits. When an order is called in, it is only necessary to cut the meat and package it in a box. He showed a typical order and the size of box that is used, for the benefit of the Commissioners. Commissioner Erwin inquired how long a patron would have to wait if the order has not been called in ahead. Mr. Fancher replied that it would be about the same time because the meat is already cooked. It is just a matter of packing it up and handing it out the window. However, the method of packaging is not conducive to eating it in the car. Commissioner Monroy inquired about the l-beam on the building which is prohibiting the drive-thru from being located nearer the front of the building. Staff showed Commissioner Monroy the l-beam on the blueprint. Commissioner Compas inquired if the applicant would still build the restaurant if the drive-thru is denied. Mr. Fancher replied that the owner would have to make that decision. They are trying to take Kooter’s nationwide. Right now a drive-thru is important for the development of the business. They want to try out the concept to see if it works. l Commissioner Compas inquired if the proposed drive-thru would hinder use of some of the parking spaces. Mr. Fancher replied that the queuing area is in the very farthest corner of the parking lot, and that Haymar Drive is a deadend, with no traffic whatsoever. He passed out photographs of the proposed site and the parking area and noted that the photographs were taken at lunch time with a business operating in the building. There are only two cars in the entire parking lot. Any parking spaces which might be blocked could be used for employee parking. He believes there is an over-abundance of parking at the site which will not be used. Chairperson Welshons noticed that the wood storage area is at the rear of the building adjacent to parking. She inquired how frequently wood would be delivered to the site. Mr. Fancher replied that wood deliveries would be once a week and very early in the morning, before the restaurant is open for business. MINUTES 37 PLANNING COMMISSION November 15,1995 PAGE 9 Chairperson Welshons inquired about the proposed layout of the building. Mr. Fancher described the layout, where the kitchen would be, where the drive-thru window would be, where the dishes are washed, where patrons would select their food and sit, etc. Chairperson Welshons opened the public testimony and issued the invitation to speak. There being no other persons desiring to address the Commission on this topic, Chairperson Welshons declared the public testimony closed and opened the item for discussion among the Commission members. Bob Wojcik, Principal Civil Engineer, verified the engineering policy for drive-thru queuing. Staff feels this is a very lenient policy. The average queuing in other cities is 5+5, where Carlsbad uses 3+5 and occasionally 2+4. The applicant is proposing 2+3. The main problem with allowing the CUP for a drive-thru is that CUPS run with the land. If Kooter’s moves out, another lessee could come in and locate a fast food facility like Rally’s with only tenant improvements. He understands the applicant’s arguments but there is no way to guarantee that Kooter’s will be the only tenant. Mr. Wojcik showed slides of the site which showed the parking lot packed with vehicles. Chairperson Welshons inquired if we will be losing parking spaces. Mr. Wojcik replied that he can’t tell from the exhibits because he can’t count the spaces. He has not seen a plan showing re-striping. Commissioner Monroy inquired if there is some way the drive-thru could be relocated. Mr. Wojcik replied that if the drive-thru were moved forward, a 2+4 queuing could be achieved. Commissioner Savary commented that cars will need to circulate in the parking lot to exit because Haymar Drive exits onto El Camino Real directly in the Highway 78 right-turn lane. Commissioner Noble knows how frustrating it is to be hungry and not able to find a parking space because the circulation is blocked. He would support the staff recommendation. Commissioner Erwin inquired if the menu board could be relocated. Mr. Wojcik replied that there still needs to be room to queue four cars behind the menu board. Commissioner Erwin would like to see a one-year CUP and if Kooter’s doesn’t work out, we would not renew it. Commissioner Monroy believes the applicant can move the exit forward if they want to. Therefore, he will support the staff recommendation. Commissioner Savary would not object to a 6 month or one year CUP if it could be monitored properly. Commissioner Compas inquired if the drive-thru could be restricted to Kooter’s and no one else. Mr. Wayne replied no. Commissioner Compas inquired if they could be granted a trial period of 6 months or one year. Mr. Wayne replied that the CUP could automatically expire at one year. It would give staff an opportunity to come back and re-review the situation to see if the CUP should be renewed. Mr. Wayne further stated that this is usually done to revise the conditions of approval, but to rescind the CUP entirely could be very difficult. Chairperson Welshons stated that it is difficult to control customers and make sure they call in their orders ahead. Neither can one predict the stacking of cars. Since parking is at a premium, she will support the staff recommendation. MINUTES - PLANNING COMMISSION November 15, 1995 PAGE 10 ACTION: Motion was made by Commissioner Noble, and duly seconded, to adopt Planning Commission Resolution Nos. 3837 and 3838 approving a Negative Declaration and denvinq CUP 95-l 0, based on the findings contained therein. VOTE: 5-l AYES: Compas, Monroy, Noble, Savary, Welshons NOES: Erwin ABSTAIN: None + ' 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk alitg af Qktrlsbotb TELEPHONE (619) 434-2808 DATE : November 17, 1995 TO : Gary Wayne, Assistant Planning Director FROM: Karen Kundtz, Assistant City Clerk RE: CUP 95-10 - KOOTERS BAR-B-QUE THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: The item will not be noticed in the newspaper until the agenda bill is signed off by - all parties.) Please process this item in accordance with the pKOCeduKes contained in the Agenda Bill Preparation Manual. If you have any questions, please call. The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date ACCOUNT NO. I DESCRIPTION I . AMOUNT RECEIPT NO. 26855 NOT VALID UNLESS VALIDATED BY TOTAL @ Rlntrdan ncyslcdpapr. CASH REGISTER FANCHER DEVELOPMENT SERVICES. INC. ’ Land Lhelopmenl Consulmnis November 16. 1995 Ms. Karen Kundtz CITY OF CARLSBAD CITY CLERK’S OFFICE 1200 Carlsbad Village Way Carlsbad. CA 92008 RE: Conditional Use Permit #95-10 Proposed Drive-Through for Kooter’s Bar-B-Que 2506 El Camino Real Carlsbad Plaza, Carlsbad Dear Ms. Kundtz, As the applicant for the above referenced project, we hereby request the appeal of the Planning Commission decision to deny the above referenced application, from the evening of November 15, 1995. We are appealing the decision based on the grounds that decision by the Planning Commission did not sufficiently refute the evidence provided by the applicant and his expert. Enclosed you will find a check for $490.00. Please feel free to contact me with any questions or concerns. Thank you. Sincerely, FHCHER DEVELOPMENT SERWCES, INC. President 1342 Bell Avenue, Suile 3-K. Tuain, Cullfoorniu 9268V. (71J) 258-1808. FAX (714) 258-2401 c ,,,I PROOF OF PUBLIL-TION (2010 8 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above entiffled matter. I am the principal derk of the printer of North County Times formerly known as the Blade-Citizen and The Times-Advocate and which newspapers have been adjudged newspapers of general circulation by the Superior Court of the County of San Diego, State of California, under tfie dates of June 30, 1989 (Blade-Citizen) and June 21, 1974 (Times- Advocate) case number 171349 (Blade-Citizen) and case number 172171 (The Times-Advocate) for the cities of Escondido, Oceanside, Carlsbad, Solana Beach and the North County Judicial District; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: January 5, 1996 I certify (c)r declare) under penalty of perjury that the foregoing is true and correct. Dated at California, this of 5th day jan. 1996 "- /A """""" """"" NORTH COUNTY TIMES Legal Advertising 4 This space is dr the County Clerk's Filing Stamp Proof of Publication of """"~""""""""~ Notice of public hearing I - NOTICE OF PUBLIC HEARING APPEAL NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m., on Tuesday, January 16, 1996, to consider an appeal of the Planning Commission denial of an application for a Conditional Use Permit to allow the construction of a drive-through facility on an existing building in the Carlsbad Plaza Shopping Center, on property zoned C-2, and generally located on the east side of El Camino Real, south of Haymar Drive, in Local Facilities Management Zone 2, and more particularly described as: Parcels 1 and 3 of Parcel Map No. 4838, being a portion of Lots 4 and 5 of Fractional Section 32, Township 11 south, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego County Recorder on June 18, 1976. Diego, State of California, recorded in the Office of the San If you have any questions regarding this matter, please contact Elaine Blackburn in the Planning Department, at (619) 438-1161, extension 4471. If you challenge the Conditional Use Permit in court, you may be limited to described in this notice, or in written correspondence delivered to the City raising only those issues raised by you or someone else at the public hearing of Carlsbad City Clerkls Office at, or prior to, the public hearing. APPELLANT : William Fancher PUBLISH: January 5, 1996 CARLSBAD CITY COUNCIL KOOTER'S BARBECUE CUP 95-10 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Wednesday, November 15, 1995, to consider a request by Fancher Development Services for a Conditional Use Permit to allow construction of a drive-through facility on an existing building in the Carlsbad Plaza Shopping Center on property zoned C2 and generally located on the east side of El Carnino Real south of Haymar Drive, within Local Facilities Management Zone 2 and more particularly described as: Parcels 1 and 3 of Parcel Map No. 4838, being a portion of Lots 4 and 5 of Fractional Section 32, Township 11 south, Range 4 west, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, recorded June 18. 1976. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after November 9, 1995. If you have any questions, please call Elaine Blackburn in the Planning Department at (619) 438-1 161, ext. 4471. If you challenge the Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CUP 95-10 CASE NAME: KOOTER’S BARBECUE PUBLISH: NOVEMBER 2, 1995 CITY OF CARLSBAD PLANNING COMMISSION EB: kr 2075 Las Palmas Drive - Carlsbad, California 92009-1576 (619) 438-1 161 @ TO: CITY CLERK'S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the naterlals necessary for you to notice APPEAL - Kooter's Barbeque - CUP 95-10 for a public hearing before the Clty Councll. Please notlce the ltem for the council neetlng Thank you. December 5, 1995 Date SWNERSHIP LIST WITHIN A 6OO"DNS OF 2506 EL CAMINO RW, CARLSBAD JN 6.6 MAY DEPARTMENT STORES CO 611 OLIVE ST. NO. 1555 ST. LOUIS, MO 63101 NEWPORT BCH., CA 92660 PLAZA CAMINO REAL 13 CORPORATE DR. CT REALTY PARTNERS V LP RAJESH P. PATEL 2532 DUPONT DR. IRVINE, CA 92715 FORD ASSOCIATES V OCEAN 4540 KEARNY VILLA RD#213 2460 FONTAINE RD. SAN JOSE, CA 95121 SAN DIEGO, CA 92123 MARTIN W. HUFFMAN VANDERBURG LIVING TRUST 0 AZALEA INC 1901 LINCOLN ST. OCEANSIDE, CA 92054 P.O. BOX 745 CARLSBAD, CA 92018 ARCADIA, CA 91006 150 N. SANTA ANITA X645 AZALEA PARTNERSHIP HELIX ASSOCIATES LOS ANGELES, CA 90049 EL CAJON, CA 92022 600 11777 SAN VICENTE BL.#600 P.O. BOX 985 . STEPHEN A. HARDLEY DIRECTORS MTG LOAN SCOTT CARTER 30809 E. SUNSET DR. S 1827 ATUNTA AVE. 1566 LUCKY ST. REDLANDS, CA 92373 RIVERSIDE, CA 92507 OCEANSIDE, CA 92054 STANLEY W. HOFFMAN ERNEST C. GRANT DEBRA M. 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TAFEJIAN 2360 HOSP WAY NO. 131 CARLSBAD, CA 92008 HOSP WAY LTD 1990 WESTWOOD BLM.#300 LOS ANGELES, CA 90025 # MICHAEL P. MORIOKA CARLSBAD, CA 92008 2360 HOSP WAY NO. 230 JOSEPH SPINA CARLSBAD, CA 92008 2362 HOSP WAY NO. 233 CALVIN J. PATTON 110 ROSS AVE. SAN ANSELMO, CA 94960 DEBORAH K. CHRISTENSEN MATTHEW V. WORTHINGTON MARILYN J. POWELL 2360 HOSP WAY NO. 331 CARLSBAD, CA 92008 CARLSBAD, CA 92008 2066 AVE. OF THE TREES CARLSBAD, CA 92008 2362 HOSP WAY NO. 333 , , .. MARCUS J. SMITH CARLSBAD, CA 92008 2362 HOSP WAY NO. 334 LEROY F. MORRIS CARLSBAD, CA 92008 2330 HOSP WAY NO. 102 THOMAS N. SEELA CARLSBAD, CA 92008 246 HEMLOCK SMITH FRANCIS FAMILY TRS 4718 ATHOS WAY ""EANSIDE, CA 92056 %j&. - DAVID L. DOWNEY CARLSBAD, CA 92008 2336 HOSP WAY NO. 115 JOHN 0. CHUN 2330 HOSP WAY NO. 202 CARLSBAD, CA 92008 PHYLLIS YAMAGUCHI CERRITOS, CA 90701 12552 BRAND0 ST. MICHELLE KANTER 2334 HOSP WAY NO. 209 CARLSBAD. CA 92008 GAYLE J. MAYFIELD CARLSBM, CA 92008 2336 HOSP WAY NO. 213 ALAN J. 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OCEANSIDE, CA 92056 . .. . , I. MICHAEL G. HATCH OCEANSIDE, CA 92056 2312 BACK NINE ST. LINDA P. FLYNN CARLSBAD, CA 92008 2330 HOSP WAY NO. 304 BOWMAN RICHARD WILLIAM CARLSBAD, CA 92008 2332 HOSP WAY NO. 307 STEVEN A. TURNER P.O. BOX 31728 CHARLOTTE, NC 28231 MARTIN L. ACOSTA 2354 WALES DR. CARDIFF, CA 92007 CHRISTOPHER B. RANDOLPH CARLSBAD, CA 92008 2332 HOSP WAY NO. 308 USIN I. PISINGAN PSC 79 BOX 20032 SAN FRANCISCO, CA 96364 APO AP VANDERBURG LIVING TRS SUITE 165 150 N. SANTA ANITA AVE. ARCADIA, CA 91006 YOUGSHENG LIANG CARLSBAD, CA 92008 2334 HosP WAY NO. 310 RORY S. GOREE CHRIS M. BADER BRADFORD FAMILY TRS 04 2334 HOSP WAY NO. 311 2334 HOSP WAY NO. 312 2336 HOSP WAY NO. 313 CARLSBAD, CA 92008 CARLSBAD, CA 92008 CARLSBAD, CA 92008 a MICHAEL L. DILL CORONA, CA 91719 13081 FESCUE CT. FANCHER DEV. SER. 1342 BELL AVE. SUITE 3-K TUSTIN, CA. 92680 PAUL C. BAKER 167-250-42 & 43 OWNED 2336 HOSP WAY NO. 315 BY: HOSP WAY LTD. CARLSBAD, CA 92008 SEE 167-250-42-42 ~ SAN DIEGO COUNTY PLANNING I , ~ ~ 5201 RUFFIN RD STE "B" 1'4 :, , ,, ;I SAN DIEGO CA 92123 1 1 ~ gzv ~ ' ,, ~ ' ! ' ' CITY OF CARLSB ,, ;!, A I: ~ ~ ~~~ ~~ ,I, ~ ~ ~ ~ , , ,, CITY OF CARLSBAD CITY OF OCEANSIDE PLANNING DEPARTMENT 300 NO COAST HWY PROJECT PLANNER OCEANSIDE CA 92054 ELAINE BLACKBURN CITY OF VISTA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME 330 GOLDENSHORE #50 LONG BEACH CA 90802