HomeMy WebLinkAbout2013-06-18; City Council; 21272; McDonald's Restaurant CUP 94-09x2a CDP 13-02CITY OF CARLSBAD - AGENDA BILL 11
AB# 21,272 DEPT. DIRECTOR
MTG. 6/18/13 MCDONALD'S RESTAURANT CITY ATTORNEY
DEPT. CED CUP 94-09X2(A)/CDP 13-02 CITY MANAGER
RECOMMENDED ACTION:
2013-158
That the City Council hold a public hearing and ADOPT Resolution No. APPROVING Conditional
Use Permit Amendment No. CUP 94-09x2(A) and Coastal Development Permit No. CDP 13-02 as
recommended for approval by the Planning Commission.
ITEM EXPLANATION;
Project Application{s) Administrative Approvals Planning Commission City Council
CUP 94-09x2{A) RA X
CDP 13-02 RA X
RA = Recommended Approval
X = Final City decision-making authority
/ = requires Coastal Commission approval
On IVlay 15, 2013, the Planning Commission recommended approval (6-0; Commissioner Anderson not
yet seated) of Conditional Use Permit Amendment No. CUP 94-09x2(A) and Coastal Development Permit
No. CDP 13-02 to allow for a 400 square foot expansion to an existing 3,800 square foot commercial
restaurant (iVIcDonald's) building on a 0.75-acre parcel generally located on the north side of Palomar
Airport Road, between Interstate 5 and Avenida Encinas, within the Mello II Segment of the Local
Coastal Program and Local Facilities Management Zone 3.
The proposed 400 square foot restaurant expansion is consistent with the Travel/Recreational
Commercial (T-R) General Plan Land Use designation and the Travel Service Commercial LCP Land Use
designation and the Commercial/Visitor-Serving Overlay Zone, and will continue to provide services for
tourists, residents, and to employees of the surrounding business and industrial centers. The project
site has been redesigned to accommodate the additional parking spaces required for the 400 square
foot restaurant addition and increased traffic generated by the project can be accommodated by the
existing street system.
The location ofthe project site within the Commercial/Visitor-Serving Overlay Zone requires City Council
approval ofthe proposed CUP Amendment and Coastal Development Permit.
No public comments or testimony in opposition to the project were received during the Planning
Commission hearing. A full disclosure ofthe Planning Commission's actions and a complete description
and staff analysis of the proposed project are included in the attached minutes and Planning
DEPARTMENT CONTACT: Greg Fisher 760-602-4629 Greg.Fisher(5)carlsbadca.ROV
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
Commission staff report. The Planning Commission and Staff are recommending approval of the
proposed Conditional Use Permit Amendment and Coastal Development Permit.
FISCAL IMPACT:
There are no fiscal impacts associated with the proposed Conditional Use Permit Amendment and
Coastal Development Permit.
ENVIRONMENTAL IMPACT:
The City Planner 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(e) - Existing facilities (Additions to existing structures provided that the addition will
not result in an increase of more than 50% ofthe floor area ofthe structure before the addition) ofthe
state CEQA Guidelines. In making this determination, the City Planner has found that the exceptions
listed in Section 15300.2 of the state CEQA Guidelines do not apply to this project. A Notice of
Exemption will be filed upon approval ofthe project.
EXHIBITS:
1. City Council Resolution No. 2013-158
2. Location Map
3. Planning Commission Resolutions No. 6973 and 6974, dated May 15, 2013
4. Planning Commission Staff Report, dated May 15, 2013
5. Excerpts of Planning Commission Minutes, dated May 15, 2013.
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EXHIBIT 1
1 RESOLUTION NO. 2013-158
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
AMENDMENT AND COASTAL DEVELOPMENT PERMIT TO ALLOW
4 FOR A 400 SQUARE FOOT EXPANSION TO AN EXISTING 3,800
SQUARE FOOT COMMERCIAL RESTAURANT (MCDONALD'S)
5 BUILDING ON A 0.75-ACRE PARCEL GENERALLY LOCATED ON THE
NORTH SIDE OF PALOMAR AIRPORT ROAD, BETWEEN INTERSTATE
5 AND AVENIDA ENCINAS, WITHIN THE MELLO II SEGMENT OF
7 THE LOCAL COASTAL PROGRAM AND LOCAL FACILITIES
MANAGEMENT ZONES.
8 CASE NAME: MCDONALD'S RESTAURANT
CASE NO: CUP 94-09X2(A)/CDP 13-02
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The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
j3 Commission did, on May 15, 2013, hold a duly noticed public hearing as prescribed by law to
14 consider Conditional Use Permit Amendment CUP 94-09x2(A) and Coastal Development Permit
15 CDP 13-02 and adopted Planning Commission Resolutions No. 6973 and 6974, recommending
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approval of Conditional Use Permit Amendment CUP 94-09x2(A) and Coastal Development
Permit CDP 13-02; and
WHEREAS, the City Council of the City of Carlsbad, on the ^^th day of J^ne
2013, held a duly noticed public hearing to consider adoption of a Conditional Use Permit
21 Amendment CUP 94-09x2(A) and Coastal Development Permit CDP 13-02; and
^2 WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the adoption of a Conditional Use Permit Amendment and Coastal Development
Permit.
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27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of
28 Carlsbad as follows:
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1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of a
Conditional Use Permit Amendment CUP 94-09x2(A) and Coastal Development Permit CDP 13-
02 is adopted and approved, and that the findings and conditions ofthe Planning Commission
contained in Planning Commission Resolution Nos. 6973 and 6974 on file with the City Clerk
and incorporated herein by reference, are the findings and conditions ofthe City Council-
PASSED, APPROVED AND ADOPTED at a Special Meeting ofthe City Council ofthe City of
Carlsbad on the 18^^ day of June, 2013, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Blackburn and Douglas.
None.
None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESOIVCity Clerk
EXHIBIT 2
N
NOT TO SCALE
SITEMAP
McDonald's Restaurant
CUP 94-09x2(A) / CDP 13-02
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EXHIBIT 3
1 PLANNING COMMISSION RESOLUTION NO. 6973
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2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF CONDITIONAL USE PERMIT AMENDMENT
4 CUP 94-09X2(A) TO ALLOW FOR A 400 SQUARE FOOT
EXPANSION TO AN EXISTING 3,800 SQUARE FOOT
5 COMMERCL\L RESTAURANT BUILDING ON A 0.75-ACRE
PARCEL GENERALLY LOCATED ON THE NORTH SIDE OF
6 PALOMAR AIRPORT ROAD, BETWEEN INTERSTATE 5
AND AVENIDA ENCINAS, WITHIN THE MELLO II
7 SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 3.
CASE NAME: MCDONALD'S RESTAURANT 8
g CASE NO.: CUP 94-09X2(A)
10 WHEREAS, Bickel Underwood Architecture, "Developer," has filed a verified
11 application with the City of Carlsbad regarding property owned by Vogel-Beljean Trust,
12 "Owner," described as
Parcel 1 and 2 of Parcel Map 13937, in the City of Carlsbad,
14 County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, September 3, 1985,
15 as file no. 85-321661
16 ("the Property"); and
1^ WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Amendment as shown on Exhibits "A" - "E" dated May 15, 2013, on file in the
Planning Division, MCDONALD'S RESTAURANT CUP 94-09X2(A), as provided by
Chapter 21.42 and 21.208 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on May 15, 2013, hold a duly noticed
public hearing as prescribed by law to consider said request; and
24 WHEREAS, at said public hearing, upon hearing and considering all testimony
25 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
26 relating to the CUP Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
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1 A) That the foregoing recitations are tme and correct.
2 B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of MCDONALD'S RESTAURANT CUP 94-
09X2(A), based on the following findings and subject to the following conditions:
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Findings:
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That the requested use is necessary or desirable for the development of the community,
6 and is in harmony with the various elements and objectives of the general plan and the
certified Local Coastal Program, in that the proposed 400 square foot restaurant
^ expansion is consistent with the Travel Recreational Commercial Cieneral Plan
Land Use designation and the Travel Service Commercial LCP Land Use
designation and the Commercial/Visitor-Serving Overlay Zone, and will continue to
g provide services for tourists, residents, and employees of the surrounding businesses
and industrial centers.
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2. That the requested use is not detrimental to existing uses or to uses specifically permitted
11 in the zone in which the proposed use is to be located in that the project site has been
redesigned to accommodate the additional parking spaces required to allow for the
12 400 square foot restaurant addition. In addition, the project provides for adequate
traffic circulation and is appropriately aligned with existing circulation patterns
within the Palomar Place commercial center. Furthermore, to ensure continued
j4 compatibility of the project with the surrounding community, all of the required
development standards of the C-T-Q and Commercial/Visitor-Serving Overlay
15 zones applicable to the project have been incorporated into the project design.
16 3. That the site for the proposed conditional use is adequate in size and shape to
accommodate the yards, setbacks, walls, fences, parking, loading facilities, buffer areas,
1 ^ landscaping and other development features prescribed in this code and required by the
City Planner, planning commission or city council, in order to integrate the use with other
uses in the neighborhood, in that the project fits within the 0.75-acre parcel without
29 the need for any development standard modifications. Furthermore, the project
complies with all of the required development standards and parking requirements
20 of the C-T-Q Zone and the Commercial/Visitor-Serving Overlay Zone (CVSOZ) in
that, adequate building and landscape setbacks currently exist; the existing trash
21 enclosure is adequately screened with landscaping; no roof-mounted mechanical
equipment is proposed with this addition; project access points for ingress and
22 egress of the site are not being changed and will continue to be provided by one of
22 three main driveways that tie in with the commercial center off Avenida Encinas;
and no signage is being proposed as part of this addition.
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4. That the street system serving the proposed use is adequate to properly handle all traffic
25 generated by the proposed use, in that the project is served by Avenida Encinas, a
four-lane. Secondary Arterial road operating at an acceptable level of service. The
26 400 square foot restaurant expansion would only generate 280 additional daily trips
to the existing commercial center which can be accommodated by the existing street
2^ system. In addition, the drive-thru order areas were recently modified by CD 12-07
2g to help improve on-site circulation.
PC RESO NO. 6973
1 Commercial/Visitor-Serving Overlay Zone Findings
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2 5. That the proposed project is adequately designed to accommodate the high percentage of
visitor, tourist, and shuttie^us altemative transportation users anticipated given the
proposed use and site location within the overlay zone in that the project site has been
4 recently modified through CD 12-07 to provide the required number of parking
spaces to accommodate the proposed expansion. In addition, the drive-thru order
5 areas have been redesigned, new parking stalls and striping have been added, and
ADA parking has been relocated and upgraded to better serve the restaurant's
6 customers.
6. That the building form, building colors, and building materials combine to provide an
architectural style of development that will add to the objective of high quality
architecture and building design within the overlay zone in that the 400 square foot
g expansion area is consistent with CD 12-07 as discussed in the staff report and
architecturally compatible with the recently approved contemporary southwestern
10 architecture.
11 7. That the project complies with all development and design criteria of the overlay zone.
12 8. That the City Planner has determined that the project belongs to a class of projects that
j3 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
14 preparation of environmental documents pursuant to Section 15301(e) - "Existing
Facilities" of the state CEQA Guidelines. In making this determination, the City Planner
15 has found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do
not apply to this project.
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The Planning Commission has reviewed each of the exactions imposed on the Developer
^ ^ contained in this resolution, and hereby finds, in this case, that the exactions are imposed
J g to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree ofthe exaction is in rough proportionality to the impact caused by the project.
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
21 building permit.
22 1. If any of the following conditions fail to occur, or if they are, by their terms, to be
23 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
24 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
25 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
26 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^ Amendment.
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Conditions:
PC RESO NO. 6973
2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Conditional Use Permit Amendment documents, as necessary
2 to make them intemally consistent and in conformity with the final action on the project.
Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different from this approval, shall require an amendment to this approval.
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3. Developer shall comply with all applicable provisions of federal, state, and local laws and
5 regulations in effect at the time of building permit issuance.
6 4. If any condition for constmction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
'7 are challenged, this approval shall be suspended as provided in Govemment Code
Section 66020. If any such condition is determined to be invalid, tiiis approval shall be
invalid xmless the City Council determines that the project without the condition complies
g with all requirements of law.
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10 5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
11 representatives, fi"om and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attomey's fees incurred by the City arising, directiy
^2 or indirectiy, fi-om (a) City's approval and issuance of this Conditional Use Permit
Amendment, CUP 94-09X2(A), (b) City's approval or issuance of any permit or action,
whether discretionary or nondiscretionary, in connection with the use contemplated
14 herein, and (c) Developer/Operator's installation and operation of the facility permitted
hereby, including without limitation, any and all liabilities arising fi-om the emission by
15 the facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
16 approval is not validated,
1 '7 6. This project shall comply with all conditions and mitigation measures which are required
J g as part of the Zone 3 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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7. This approval is granted subject to the approval of CDP 13-02 and is subject to all
20 conditions contained in Planning Commission Resolution No. 6974 for this other
approval incorporated herein by reference.
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8. This approval shall become null and void if building permits are not issued for this
22 project within 24 months from the date of project approval.
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9. Building permits will not be issued for this project unless the local agency providing
24 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
25 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
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10. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new constmction imposed by Carisbad Municipal Code Section
2g 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
PC RESO NO. 6973 -4-
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1 Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 3, pursuant to Chapter 21.90. All such
2 taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
^ approval will not be consistent with the General Plan and shall become void
4 11. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
of Restriction executed by the owner of the real property to be developed. Said notice is
5 to be filed in the office of the County Recorder, subject to the satisfaction of the City
Planner, notifying all interested parties and successors in interest that the City of Carlsbad
6 has issued a Conditional Use Permit Amendment by Resolution No. 6973 on the
property. Said Notice of Restriction shall note the property description, location of the
7 file containing complete project details and all conditions of approval as well as any
conditions or restrictions specified for inclusion in the Notice of Restriction. The City
Planner has the authority to execute and record an amendment to the notice which
g modifies or terminates said notice upon a showing of good cause by the Developer or
successor in interest.
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12. CUP 94-09X2(A), shall be reviewed by the City Planner annually to determine if all
11 conditions of this permit have been met and that the use does not have a substantial
negative effect on surrounding properties or the public health, safety and general welfare.
12 If the City Plaimer determines that: 1) the Conditional Use Permit was obtained by fraud
or misrepresentation; or 2) the use for which such approval was granted is not being
exercised; or 3) the Conditional Use Permit is being or recentiy has been exercised
14 contrary to any of the terms or conditions of approval or the conditions of approval have
not been met; or 4) the use for which such approval was granted has ceased to exist or has
15 been suspended for one year or more; or 5) the use is in violation of any statute,
ordinance, law or regulation; or 6) the use permitted by the Conditional Use Permit is
16 being or has been so exercised as to be detrimental to the public health, safety or welfare
or so as to constitute a nuisance, the City Planner shall recommend that the Plaiming
1 ^ Commission hold a public hearing and after providing the permittee the opportunity to be
heard, the Planning Commission may revoke and terminate the Conditional Use Permit in
whole or in part, reaffirm the Conditional Use Pennit, modify the conditions or impose
new conditions.
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20 13. This Conditional Use Permit Amendment is granted without an expiration date. This
permit may be revoked at any time after a public hearing, if it is found that the use has a
21 substantial detrimental effect on surrounding land uses and the public's health and
welfare, or the conditions imposed herein have not been met.
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Engineering:
24 Note: Unless specifically stated in the condition, all of the following conditions, upon the
approval of this proposed project, must be met prior to issuance of a building permit.
General
14. Prior to hauling dirt or constmction materials to or from any proposed constmction site
within this project, developer shall apply for and obtain approval from, the city engineer
for the proposed haul route.
PC RESO NO. 6973 -5-
1 15. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
2 but are not limited to pollution control practices or devices, erosion control to prevent silt
^ runoff during constmction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
4 devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall
5 notify prospective owners and tenants of the above requirements.
6 16. Developer shall complete and submit to the city engineer a Project Threat Assessment
Form (PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF,
7 developer shall also submit tiie appropriate Tier level Storm Water Compliance form and
appropriate Tier level Storm Water Pollution Prevention Plan (SWPPP) as determined by
the completed PTAF« all to the satisfaction of the city engineer. Developer shall pay all
g applicable SWPPP plan review and inspection fees per the city's latest fee schedule.
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10 17. Developer shall incorporate measures with this project to comply with Standard
Stormwater Requirements per the city's Standard Urban Stormwater Management Plan
11 (SUSMP). These measures include, but are not limited to: 1) reducing the use of new
impervious surfaces (e.g.: paving), 2) designing drainage from impervious surfaces to
12 discharge over pervious areas (e.g.: turf, landscape areas), 3) and designing trash
J 3 enclosures to avoid contact with storm mnoff, all to the satisfaction of the city engineer.
14 Code Reminders:
15 The project is subject to all applicable provisions of local ordinances, including but not limited to
the following:
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18. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
1^ Section 13.10 of tiie City of Carlsbad Municipal Code, respectively. The Average Daily
J g Trips (ADT) and floor area contained in the staff report and shown on the site plan are
for planning purposes only.
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NOTICE TO APPLICANT
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carisbad
21 Village Drive, Carlsbad, Califomia, 92008, within ten (10) calendar days of the date of the
Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
22 21.54.150, the appeal must be in writing and state the reason(s) for the appeal. The City Council
23 must make a determination on the appeal prior to any judicial review.
PC RESO NO. 6973
1 NOTICE
2
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
3 reservations, or other exactions hereafter collectively referred to for convenience as
"fees/exactions.'
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You have 90 days from date of approval to protest imposition of these fees/exactions. If you
5 protest them, you must follow the protest procedure set forth in Govemment Code Section
66020(a), and file the protest and any other required information v^th the City Manager for
^ processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to thnely
rj follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
9 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
10 project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
^ ^ expired.
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AYES: Chairperson Siekmann, Commissioners Black, L'Heureux,
16 Schumacher, Scully and Segall
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on May 15,2013, by the following vote, to
wit:
NOES:
ABSENT: Commissioner Anderson
ABSTAIN:
KERRY K. SIEKMANN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
City Planner
PC RESO NO. 6973 -7-
^ PLANNING COMMISSION RESOLUTION NO. 6974
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF COASTAL DEVELOPMENT PERMIT CDP
^ 13-02 TO ALLOW FOR A 400 SQUARE FOOT EXPANSION
. TO AN EXISTING 3,800 SQUARE FOOT COMMERCL\L
RESTAURANT BUILDING ON A 0.75-ACRE PARCEL
6 GENERALLY LOCATED ON THE NORTH SIDE OF
PALOMAR AIRPORT ROAD, BETWEEN INTERSTATE 5
7 AND AVENIDA ENCINAS, WITHIN THE MELLO II
SEGMENT OF THE LOCAL COASTAL PROGRAM AND
LOCAL FACILITIES MANAGEMENT ZONE 3.
g CASE NAME: MCDONALD'S RESTAURANT
CASE NO.: CDP 13-02
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WHEREAS, Bickel Underwood Architecture, "Developer," has filed a verified
application with the City of Carlsbad regarding property owned by Vogel-Beljean Trust,
13 "Owner," described as
14 Parcel 1 and 2 of Parcel Map 13937, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of
the County Recorder of San Diego County, September 3,1985,
as file no. 85-3216
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17 ("the Property"); and
18 WHEREAS, said verified appHcation constitutes a request for a Coastal
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Development Permit as shown on Exhibits "A" - "E" dated May 15, 2013, attached hereto and
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on file in the Carlsbad Planning Division, MCDONALD'S RESTAURANT CDP 13-02, as
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provided in Chapter 21.81.040 of the Carlsbad Municipal Code; and
23 WHEREAS, the Planning Commission did, on May 15, 2013, hold a duly noticed
24 public hearing as prescribed by law to consider said request; and
25 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 Coastal Development Permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are tme and correct. 1
2 ..
B) That based on the evidence presented at the public hearing, the Commission
3 RECOMMENDS APPROVAL of MCDONALD'S RESTAURANT CDP 13-
02, based on the following findings and subject to the following conditions:
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Findings:
6 1. That the proposed development is in conformance with the Certified Local Coastal
Program and all applicable policies in that the commercial project is consistent with
7 the Travel Service Commercial designation of the Mello II Land Use Plan. The
proposed 400 square foot expansion of the existing McDonald's restaurant will not
obstruct views of the coastline as seen from public lands or the public right-of-way,
g nor otherwise damage the beauty of the coastal zone. No prime agricultural lands
exist on or near the site; no steep slopes or environmentally sensitive habitats exist
10 on or near the developed site; no coastal access is or will be needed through or
adjacent to the project site; the project site is not located in an area of known
11 geologic instability or flood hazards; any erosion will be controlled by grading in
^2 conformance with applicable City standards; and no significant visual panoramas
exist on the site.
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The proposal is in conformity with the public access and recreation policies of Chapter 3
14 ofthe Coastal Act in that the site is not located along the shoreline and thus cannot
provide any public access to the shoreline nor provide any coastal recreational
15 opportunities.
3. The project is consistent with the provisions of the Coastal Resource Protection Overlay
ly Zone (Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the
City's Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard
18 Urban Storm Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff
Management Program (JURMP) to avoid increased urban mnoff, pollutants, and soil
19 erosion. No steep slopes or native vegetation is located on the subject property and the
site is not located in an area prone to landslides, or susceptible to accelerated erosion,
floods, or liquefaction.
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4. The project site is not located in the Coastal Agricultural Overlay Zone, according to
22 Map X of the Land Use Plan certified September 1980, and therefore is not subject to the
provisions of the Coastal Agricultural Overlay Zone (Chapter 21.202 of the Zoning
23 Ordinance).
2"* 5. The project is not located between the sea and the first public road parallel to the sea and
23 therefore is not subject to the provisions of the Coastal Shoreline Development Overlay
Zone (Chapter 21.204 of the Zoning Ordinance).
26
6. The Planning Commission has reviewed each of the exactions imposed on the Developer
27 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
28 degree ofthe exaction is in rough proportionality to the impact caused by the project.
PC RESO NO. 6974 -2-
^ Conditions:
2
General
3
Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
^ building permit.
^ ' If any of the following conditions fail to occur, or if they are, by their terms, to be
6 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
7 revoke or modify all approvals herein granted; deny or further condition issuance of all
ftiture 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
g 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
10 or a successor in interest by the City's approval of this Coastal Development Permit.
8
11 2. Staff is authorized and directed to make, or require the Developer to make, all corrections
j2 and modifications to the Coastal Development Perniit documents, as necessary to make
them intemally consistent and in conformity with the final action on the project.
13 Development shall occur substantially as shown on the approved Exhibits. Any proposed
development, different fi-om this approval, shall require an amendment to this approval.
14 „
3. Developer shall comply with all applicable provisions of federal, state, and local laws and
^ ^ regulations in effect at the time of building permit issuance.
16
If any condition for constmction of any public improvements or facilities, or the payment
17 of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Govemment Code
18 Section 66020. If any such condition is determined to be invalid, this approval shall be
invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
20
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
21 harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, firom and against any and all liabilities, losses, damages, demands, claims
22 and costs, including court costs and attomey's fees incurred by the City arising, directly
or indirectiy, from (a) City's approval and issuance of this Coastal Development
Permit, (b) City's approval or issuance of any permit or action, whether discretionary or
24 nondiscretionary, in connection with the use contemplated herein, and
(c) Developer/Operator's installation and operation of the facility permitted hereby,
25 including without limitation, any and all liabilities arising fi-om the emission by the
facility of electromagnetic fields or other energy waves or emissions. This obligation
survives until all legal proceedings have been concluded and continues even if the City's
27 approval is not validated.
28 7. Developer shall submit to the Planning Division a reproducible 24" x 36," mylar copy of
the Site Plan reflecting the conditions approved by the final decision-making body.
PC RESO NO. 6974 -3-
8. Developer shall include, as part of the plans submitted for any permit plancheck, a
2 reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
format (including any applicable Coastal Commission approvals).
18
19
9. Prior to the issuance of a building permit, the Developer shall provide proof to the
Building Division firom the Carlsbad Unified School District that this project has
satisfied its obligation to provide school facilities.
6 10. This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 3 Local Facilities Management Plan and any amendments made to
7 that Plan prior to the issuance of building permits.
11. This approval is granted subject to the approval of CUP 94-09X2(A) and is subject to all
g conditions contained in Planning Commission Resolution No. 6973 for this other
approval incorporated herein by reference.
10 ..
12. This approval shall become null and void if building permits are not issued for this
11 project within 24 months from the date of project approval.
12
13. Prior to the issuance of the building permit, Developer shall submit to the City a Notice
13 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the City
14 Planner, notifying all interested parties and successors in interest tiiat the City of Carlsbad
has issued a Coastal Development Permit by Resolution No. 6974 on the property. Said
Notice of Restriction shall note the property description, location of the file containing
1^ complete project details and all conditions of approval as well as any conditions or
restrictions specified for inclusion in the Notice of Restriction. The City Planner has the
17 authority to execute and record an amendment to the notice which modifies or terminates
said notice upon a showing of good cause by the Developer or successor in interest.
14. Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
2Q adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
21 facilities will continue to be available until the time of occupancy.
22 NOTICE TO APPLICANT
23
An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carisbad
24 Village Drive, Carlsbad, Califomia, 92008, within ten (10) calendar days of the date of the
Planning Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section
25 21.54.150, tiie appeal must be in writing and state the reason(s) for the appeal. The City Council
must make a determination on the appeal prior to any judicial review.
26 "
27
28
PC RESO NO. 6974 -4-
^ NOTICE
2
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
4 "fees/exactions.'
5 You have 90 days from date of approval to protest imposition of these fees/exactions. If you
protest them, you must follow the protest procedure set forth in Government Code Section
6 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
g annul their imposition.
9 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
10 zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
12 expired.
7
11
13 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, Califomia, held on May 15,2013, by the follov^ng vote, to
15
wit:
16
AYES: Chairperson Siekmann, Commissioners Black, L'Heureux,
17 Schumacher, Scully and Segall
25
26
27
NOES:
ABSENT: Commissioner Anderson
ABSTAIN:
18
19
20
21
22
23
24 CARLSBAD PLANNING COMMISSION
BCERRY K. SIEKMANN, Chairpersbn
ATTEST:
QLTI
28 DON NEU
City Planner
PC RESO NO. 6974 -5-
EXHIBIT 4
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No.
Application complete date: January 30, 2013
P.C. AGENDA OF: May 15, 2013 Project Planner: Greg Fisher
Project Engineer: Jeremy Riddle
SUBJECT:
I.
CUP 94-09x2(AVCDP 13-02 - MCDONALD'S RESTAURANT - Request for
a recommendation of approval of a Conditional Use Permit Amendment and
Coastal Development Permit to allow for a 400 square foot expansion to an
existing 3,800 square foot commercial restaurant (McDonald's) building on a
0.75-acre parcel generally located on the north side of Palomar Airport Road,
between Interstate 5 and Avenida Encinas, within the Mello II Segment of the
Local Coastal Program and Local Facilities Management Zone 3.
RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 6973 and 6974
RECOMMENDING APPROVAL of Conditional Use Permit Amendment CUP 94-09x2(A)
and Coastal Development Permit CDP 13-02, based upon the findings and subject to the
conditions contained therein.
II. INTRODUCTION
The applicant proposes a 400 square foot expansion to an existing 3,800 square foot restaurant
(McDonald's) on a 0.75-acre parcel located within the Palomar Place commercial center in the
Commercial Tourist (C-T) and Qualified Development Overlay Zone (Q) as well as the
Commercial/Visitor-Serving Overlay Zone (CVSOZ). Because the property is located within the
CVSOZ, a Conditional Use Permit Amendment (CUPA) is required for the proposed restaurant
expansion. In addition, the project's location within the Mello II Segment of the Local Coastal
Program requires the processing and approval of a Coastal Development Permit (CDP). Both the
CUP amendment and CDP require approval by the City Council. Findings required to approve
the Conditional Use Permit amendment and Coastal Development Permit can be made and the
project is consistent with the General Plan, relevant Local Coastal Program (LCP) policies, as
well as the applicable zoning regulations of the Carlsbad Municipal Code. The staff
recommendation for approval with conditions is supported by the following analysis.
III. PROJECT DESCRIPTION AND BACKGROUND
Background
The subject McDonald's Restaurant parcel is located within the southernmost portion of the
Palomar Place commercial center. The site is bounded on the north by Miguel's Restaurant and
one of the entrance driveways, Palomar Airport Road to the south, Interstate 5 to the east, and
Avenida Encinas to the west. The subject property has a General Plan Land Use designation of
Travel/Recreational Commercial (T-R) and a zoning designation of Commercial Tourist (C-T-
0
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15, 2013
PAGE 2
Q). In addition, the project site is also located within the Qualified Development and
Commercial/Visitor-Serving Overlay (CVSOZ) zones.
As discussed in the introduction of this report, the project entails a 400 square foot expansion to
the existing 3,800 square foot McDonald's Restaurant. The expansion entails the conversion of a
400 square foot atrium (non-restaurant area) to restaurant space. Due to its location within the
C-T-Q zone, the original McDonald's Restaurant required the approval of a Site Development
Plan (SDP 83-11) in 1984. Pursuant to Section 21.06.040 ofthe CMC, tiie enlargement of a
commercial building by up to 1,000 square feet is exempt fi-om a SDP amendment. However,
the project is also located within the CVSOZ; and pursuant to Section 21.208.130 ofthe CMC,
any existing building that is proposed to be increased by >200 square feet in area requires a
Conditional Use Permit. Furthermore, on April 19, 1995, the Planning Commission approved
CUP 94-09 to allow for the addition of a drive-thm facility at the restaurant site. Accordingly,
rather than processing a new CUP for the 400 square foot restaurant addition, the applicant is
proposing and staff is supportive of processing an amendment to the existing CUP 94-09.
More recentiy, a Consistency Determination (CD 12-07, dated December 3, 2012) was approved
by the City Planner to allow for modifications that include remodeling the building's fa9ade with
a Contemporary Southwestem architecture style, revise the drive-thm order areas to include two
lanes, reduce the outdoor seating area, add new parking stalls and striping, and to relocate and
upgrade ADA parking. A building permit was issued Febmary 1, 2013 for these approved
modifications which are currently underway. The proposed Conditional Use Permit amendment
(CUP 94-09x2(A) and Coastal Development Permit (CDP 13-02) will allow for a 400 square
foot expansion to the existing 3,800 square foot restaurant occupied by McDonald's.
No changes to the parking configuration/site layout beyond what was approved in CD 12-07 are
required to accommodate the 400 square foot expansion and the site will retain the same general
circulation pattem. Overall, the number of existing parking stalls will increase from 42 to 46
parking spaces, and access to the lot will continue to be provided by one of three main driveways
that tie in with the commercial center off Avenida Encinas.
IV. ANALYSIS
The project is subject to the following plans, ordinances, and standards:
A. Travel/Recreation Commercial (T-R) General Plan Land Use designation;
B. Commercial Tourist (C-T) and Commercial/Visitor-Serving Overlay Zone (CMC
Chapters 21.29 and 21.208 of the Zoning Ordinance);
C. Conditional Use Permits and Commercial/Visitor-Serving Overlay Zone (CMC Chapters
21.42 and 21.208 ofthe Zoning Ordinance);
D. Mello II Segment of the Local Coastal Program, Coastal Development Permit Procedures
and Coastal Resource Protection Overlay Zone (CMC Chapters 21.201 and 21.203 ofthe
Zoning Ordinance); and
E. Growth Management Ordinance (CMC Chapter 21.90) and Zone 3 Local Facilities
Management Plan.
Staffs recommendation of approval for the CUP amendment and CDP was developed by
analyzing tiie project's consistency with the applicable City regulations and policies listed above. | ^
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15, 2013
PAGE 3
The following analysis discusses compliance with each of these regulations/policies utilizing
both text and tables.
A. Travel/Recreation Commercial (T-R) C^neral Plan Land Use Designation
The General Plan Land Use designation for the project site is Travel/Recreation Commercial (T-
R). The proposed expansion of an existing restaurant is consistent with the applicable policies
and programs of the General Plan as demonstrated in Table 1 below.
TABLE 1 - GENERAL PLAN COMPLIANCE
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLIANCE
Land Use Site is designated as
Travel/Recreational Commercial
(T-R)
The 400 square foot
expansion to the existing
commercial use
(McDonald's Restaurant)
will continue to serve the
travel and recreational
needs of tourists,
residents, as well as
employees of the business
centers which is
compatible with Travel/
Recreation Commercial
(TR) General Plan Land
Use designation.
Yes
Circulation Require new development to
provide safe, adequate, and
attractively-landscaped parking
areas.
The approved
modifications through
Consistency
Determination CD 12-07
and building permit CB
12-1908 proposed to the
parking lot are consistent
with the Land
Development
Engineering division and
Fire Department
circulation standards as
well as the Landscape
Manual.
Yes
20
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15,2013
PAGE 4
TABLE 1 - GENERAL PLAN COMPLIANCE CONTINUED
ELEMENT USE, CLASSIFICATION,
GOAL, OBJECTIVE OR
PROGRAM
PROPOSED USES &
IMPROVEMENTS
COMPLIANCE
Public Safety Design all stmctures in
accordance with the seismic
design standards of the UBC and
State building requirements.
Provision of emergency water
systems and all-weather access
roads.
All buildings will meet
UBC and State seismic
requirements.
All necessary water
mains, fire hydrants, fire
sprinklers, and
appurtenances are
existing or must be
installed prior to
occupancy.
Yes
Open Space
&
Conservation
Utilize Best Management
Practices for control of
stormwater and to protect water
quality.
The project will conform
to all National Pollution
Discharge Elimination
Standards (NPDES) and
has been designed to
include Low Impact
Design (LID) elements.
Yes
Noise Non-Residential exterior noise
standard of 65 CNEL and
interior noise standard of 55
CNEL.
The proposed 400 square
foot expansion to the
existing restaurant
building is not impacted
by traffic noise and the
proposed use does not
cause any significant
noise impacts to the
adjacent commercial
uses.
Yes
B. Commercial Tourist (C-T) and Commercial/Visitor-Serving Overlay Zone
(CVSOZ)
The project site is located in the Commercial Tourist (C-T) and the Commercial/Visitor-Serving
Overlay (CVSOZ) Zone. The project, a 400 square foot expansion to an existing restaurant, is
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15, 2013
PAGE 5
considered a commercial use and is required to comply with the Commercial/Visitor-Serving
Overlay Zone. The Commercial/Visitor-Serving Overlay Zone contains design and development
standards for projects within the overlay and supersedes some of the standards of the underlying
C-T zone. The project complies with all requirements in the C-T and Commercial/Visitor-
Serving Zones as demonstrated in Table 2 below.
TABLE 2
C-T-Q ZONE/COMMERCIAL/VISITOR-SERVING OVERLAY ZONE COMPLIANCE
STANDARD-REQUIRED PROPOSED
Permitted use (CVSOZ) Commercial/visitor-serving
uses, including retail,
restaurants with or without
outdoor dining, delis,
hotel/motels, and gas stations.
Expansion of an existing
restaurant.
Building Height (C-T Zone) Maximum 35 feet with
allowed height protmsions up
to 45 feet.
No change to existing building
height. Expansion area is
located undemeath existing roof
line.
Building Setbacks
(CVSOZ)
Rear: 30 foot setback from
freeway right-of-way
Sides: 10 foot landscape
setback
No change to existing setbacks.
Expansion area is entirely within
the existing building footprint.
Parking
(CVSOZ)
Restaurant: Existing 3,800 SF
restaurant requires 38 spaces.
Restaurant expansion: 1 space
per 50 square feet of gross
floor area;
400 SF proposed addition ^50
= 8 spaces
Total required: 46 spaces
46 spaces
(38 spaces for the existing 3,800
SF restaurant and 8 additional
spaces proposed for the 400 SF
expansion)
Total provided: 46 spaces
Contemporary Southwest
Architectural Style,
Building Materials/Colors
(CVSOZ)
• High-quality materials such
as brick, stone, marble or
wood
• Primary colors cannot
dominate the building
• Use of colors should be
balanced and in context of
the architectural style
A complete remodel to the
building's fa9ade materials with
a contemporary Southwest
architectural style was approved
by the City Planner under permit
CD 12-07 dated December 3,
2012 and no changes are being
made to this design.
Landscaping
(CVSOZ)
N/A - All landscaping to
remain.
N/A - No changes are being
made to the landscaping.
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15,2013
PAGE 6
TABLE 2
C-T-Q ZONE/COMMERCIAL/VISITOR-SERVING OVERLAY ZONE COMPLIANCE
CONTINUED
STANDARD-REQUIRED PROPOSED
Decorative Paving
(CVSOZ)
Decorative paving of at least
900 square feet covering, at a
minimum, the width of the
driveway shall be provided at
the primary approach. The
decorative paving shall be
depicted on the landscape
plans and located adjacent to,
but not on, city right-of-way
adjacent to the project
entrance.
N/A - Existing driveway to
remain.
Screening of Parking Areas
and Trash Enclosure
(CVSOZ)
All areas used for loading
activities, receiving deliveries
and trash enclosure locations
shall be located onsite so as to
be screened from public points
of view. Landscaping may
assist this objective but is
secondary to locating these
areas onsite and/or using solid
masonry walls, to minimize
visibility.
N/A - Existing trash enclosure
to remain.
Screening of Rooftop
Equipment
(CVSOZ)
Rooftop equipment and/or
other stmctural features shall
be screened from public view.
N/A - No roof top mechanical
equipment is proposed.
Signage
(CVSOZ and CMC
Chapter 21.41)
All proposed signage shall
comply with the existing Sign
Program for Palomar Place (SP
92-101).
N/A - Signage is not part of this
application.
C. Conditional Use Permit and Commercial/Visitor-Serving Overlay Zone (CMC
Chapters 21.42 and 21.208 ofthe Zoning Ordmance)
Commercial projects located within the Commercial/Visitor-Serving Overlay Zone require the
approval of a Conditional Use Permit by the City Council. Pursuant to Planning Commission
Resolution No. 6973, the findings for a Conditional Use Permit Amendment, along with the
additional required findings for the Commercial/Visitor-Serving Overlay Zone can be made. In
summary, the requested 400 square foot expansion to the existing restaurant is consistent with
the General Plan and Zoning Ordinance, is desirable for the community, is not detrimental to
existing uses, the site is adequate in size in shape to accommodate the use, and the street system
can handle the traffic generated by the proposed use. In addition, the project has been designed
to be consistent with the development standards of the Commercial/Visitor-Serving Overlay
Z6
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15,2013
PAGE 7
Zone in that it has been designed to accommodate a high level of visitors and incorporates a high
quality contemporary architectural design with a mixture of materials and earth tone colors.
D. Mello II Segment of the Local Coastal Program, Coastal Development Permit
Procedures and Coastal Resource Protection Overlay Zone (Chapters 21.201 and
21.203 of the Zoning Ordinance)
The project site is located within the Mello II Segment of the Local Coastal Program (LCP). The
site is also located within and subject to the Coastal Resource Protection Overlay Zone (CMC
Chapter 21.203). Pursuant to Planning Commission Resolution No. 6974, the findings for a
Coastal Development Permit can be made. The project's compliance with each of the above-
referenced programs and ordinances is summarized below.
1. Mello II Segment of the Local Coastal Program
The project site has an LCP Land Use designation of Travel Service Commercial (TS). The TS
LCP Land Use designation is an older version of the newer TR General Plan Land Use
designation. Both the older TS and newer TR designations effectively allow for the same
(Travel Service and Travel Recreational) Land Uses. The project's consistency with the T-R
Land Use designation is analyzed in Section A above.
The proposed project is a request to allow for a 400 square foot expansion to an existing 3,800
square foot restaurant within a commercial center. The site is topographically level and is
currentiy developed with a McDonald's restaurant and parking lot. This visitor serving use is
consistent with the LCP TS Land Use designation. The project would be consistent with the
surrounding development which consists of several other restaurants.
The proposed restaurant expansion will not obstmct views of the coastline as seen from public
lands or the public right-of-way, nor otherwise damage the visual beauty of the coastal zone.
No agricultural uses currently exist on the developed site, nor are there any sensitive resources
located in the area of the proposed addition. In addition, the proposed addition is not located in
an area of known geologic instability or flood hazards. Since the site does not have frontage
along the coastline, no public opportunities for coastal shoreline access are available from the
subject site. Furthermore, the commercially-designated site is not suited for water-oriented
recreation activities.
2. Coastal Resource Protection Qverlav Zone
The project is consistent with the provisions of the Coastal Resource Protection Overlay Zone
(CMC Chapter 21.203 of the Zoning Ordinance) in that the project will adhere to the City's
Master Drainage Plan, Grading Ordinance, Storm Water Ordinance, Standard Urban Storm
Water Mitigation Plan (SUSMP) and Jurisdictional Urban Runoff Management Program
(JURMP) to avoid increased urban mn-off, pollutants and soil erosion. No development is
proposed in areas of steep slopes (coastal bluff) and no native vegetation will be removed. In
addition, the site is not located in an area prone to landslides, or susceptible to accelerated
erosion, floods or liquefaction.
CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT
May 15,2013
PAGE 8
E. Growth Management Regulations
The proposed project is located within Local Facilities Management Zone 3 in the northwest
quadrant of the City. The impacts on public facilities created by this project are limited to the
increase in square footage to the existing commercial restaurant building. Compliance with the
adopted performance standards for the additional 400 square feet of restaurant space is
summarized below in Table 3:
TABLE 3: GROWTH MANAGEMENT
FACILITY IMPACTS COMPLY?
City Administration N/A Yes
Library N/A Yes
Wastewater Treatment Capacity N/A Yes
Parks N/A Yes
Drainage N/A Yes
Circulation 280 ADT Yes
Fire Fire Station No. 4 Yes
Open Space N/A Yes
Schools - Carlsbad Unified School District N/A Yes
Sewer - Demand in EDU 5 EDU Yes
Water N/A Yes
V. ENVIRONMENTAL REVIEW
The City Planner 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(e) - Existing facilities (Additions to existing stmctures
provided that the addition will not result in an increase of more than 50% of the floor area of the
stmcture before the addition) of the state CEQA Guidelines. In making this determination, the
City Planner has found that the exceptions listed in Section 15300.2 of the state CEQA
Guidelines do not apply to this project.
ATTACHMENTS:
1. Planning Commission Resolution No. 6973 (CUP)
2. Planning Commission Resolution No. 6974 (CDP)
3. Location Map
4. Background Data Sheet
5. Local Facilities Impact Assessment Form
6. Disclosure Statement
7. Reduced Exhibits
8. Exhibits "A" - "E", Project Plans, dated May 15, 2013
23
SITEMAP
N
NOT TO SCALE
McDonald's Restaurant
CUP 94-09x2(A) / CDP 13-02
BACKGROUND DATA SHEET
CASE NO: CUP 94-09x2(A)/CDP 13-02
CASE NAME: MCDONALD'S RESTAURANT
APPLICANT: Bickel Underwood Architecture
REQUEST AND LOCATION: Request for a recommendation of approval of a Conditional
Use Permit Amendment and Coastal Development Permit to allow for a 400 square foot
expansion to an existing 3,800 square foot commercial restaurant (McDonald's) building on a
0.75-acre parcel generallv located on the north side of Palomar Airport Road, between Interstate
5 and Avenida Encinas, within the Mello II Segment of tiie Local Coastal Program and Local
Facilities Management Zone 3.
LEGAL DESCRIPTION: Parcel 1 and 2 of Parcel Map 13937, in the City of Carlsbad,
County of San Diego, State of Califomia, filed in the Office of the County Recorder of San
Diego County, September 3, 1985, as file no. 85-321661
APN: 210-170-06 (fe 07 Acres: 0.75 Proposed No. of Lots/Units: N/A
GENERAL PLAN AND ZONING
Existing Land Use Designation: TR
Proposed Land Use Designation: N/A
Density Allowed: N/A Density Proposed: N/A
Existing Zone: C-T-Q Proposed Zone: N/A
Surrounding Zoning, General Plan and Land Use:
Zoning General Plan Current Land Use
Site C-T-Q TR McDonald's Restaurant
North C-T-Q TR Miguel's Restaurant
South C-1 TR Shell Service Station
East T-C TC 1-5
West P-M-Q PI Industrial
LOCAL COASTAL PROGRAM
Coastal Zone: ^ Yes ONO Local Coastal Program Segment: Mello II
Within Appeal Jurisdiction: • Yes ^ No Coastal Development Permit: |3 Yes QNO
Local Coastal Program Amendment: O Yes ^ No
Existing LCP Land Use Designation: TS_
Existing LCP Zone: C-T-0
Proposed LCP Land Use Designation: N/A
Proposed LCP Zone: N/A
Revised 01/06
PUBLIC FACILITIES
School District: Carlsbad Unified Water District: Carlsbad Sewer District: Carlsbad
Equivalent Dwelling Units (Sewer Capacity):
ENVIRONMENTAL IMPACT ASSESSMENT
Categorical Exemption, 1530Ue) - Existing Facilities
I I Negative Declaration, issued
r~| Certified Environmental Impact Report, dated
• Other,
Revised 01/06 i-'
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: CUP 94-09x2(A)/CDP 13-02
LOCAL FACILITY MANAGEMENT ZONE: 3 GENERAL PLAN: I:R
ZONING: C-T-0
DEVELOPER'S NAME: Bickel Underwood Architecture
ADDRESS: 3600 Birch Street, Suite 120. Newport Beach, CA 92660
PHONE NO.: 949-757-0411 ASSESSOR'S PARCEL NO.: 210-170-06 & 07
QUANTITY OF LAND USE/DEVELOPMENT (AC, SQ. FT., DU): 0.75 AC.
ESTIMATED COMPLETION DATE: ASAP
A. City Administrative Facilities: Demand in Square Footage = N/A
B. Library: Demand in Square Footage = N/A
C. Wastewater Treatment Capacity (Calculate with J. Sewer) N/A
D. Park: Demand in Acreage = N/A
E. Drainage: Demand in CFS = N/A
Identify Drainage Basin =
(Identify master plan facilities on site plan)
F. Circulation: Demand in ADT = 280
(Identify Trip Distribution on site plan)
G. Fire: Served by Fire Station No. = 4
H. Open Space: Acreage Provided = N/A
I. Schools: N/A
(Demands to be determined by staff)
J. Sewer: Demands in EDU 5
K. Water: Demand in GPD = N/A
DISCLOSURE Development Services
<^m> STATEMENT Planning Division
CITY OF P- 1/A\ 1635 Faraday Avenue
CARLSBAD (760,602^10
'w** «• »Ti n_r»ii^# ^mm^ www.carlsbadca.gov
Applicant's statement or disclosure of certain ownership interests on all applications which will
require discretionary action on the part of the City Council or any appointed Board, Commission
or Committee.
The following information MUST be disclosed at the time of application submittal. Your project
cannot be reviewed until this information is completed. Please print.
Note:
Person is defined as, "Any indJvjdua}, firm, co-partnership, joint venture, associatiori, social club^ fraternal
organi^tio^i, cofporaiion,^ estate, trUst, r^ceiven syndicate, in this and any other county; city and cbunty,
city muniqipaii^, district or other political subdivision or any other group or combin4ti6n acting a^a unit."
Agents may si0ri ^Is doOimentj fibwever, the legal name and entity of the applicant and property owner
must be provided beibw.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a
financial interest in the application. If the applicant includes a corporation or partnership,
include the names, titles, addresses of all individuals owning more than 10% of the
shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE
INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publiclv-owned
corporation, include the names, titles, and addresses of the corporate officers. (A
separate page may be attached if necessary.)
Person Pnn llnHfirv^/nnH Corp/Part ,
Title Bickel Undenivood Arcliitecture Title
Address 3600 Bircin St. Ste 120 Address
rM»,M™/We>YP0rt Begcin, CA 92660
2. OWNER (Not trie owner^ agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having any
ownership interest in the property involved. Also, provide the nature of the legal
ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the
ownership includes a corporation or partnership, include the names, titles, addresses of
all individuals owning more than 10% ofthe shares. IF NO INDIVIDUALS OWN MORE
THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE
SPACE BELOW. If a pubiiclv-owned corporation, include the names, titles, and
addresses ofthe corporate officers. (A separate page may be attached if necessary.)
Person Walter Rftlifton Corp/Part
Title Voqel-Beliean Trust Title
Address 6415 Edna Rd Address.
•Snn liji<; Ohi<;pn, TA 9.^401
p-1 (A) Page 1 of 2 Revised 07/10
3. NON-PROFIT ORGANIZATION OR TRUST
If any person identified pursuant to (1) or (2) above is a nonprofit oraanization or a trust,
list tlie names and addresses of ANY person serving as an officer or director of the non-
profit organization or as trustee or beneficiary of the.
Non Profit/Trust n/a Non Profit/Trust
Title Title
Address Address
Have you had more than $500 worth of business transacted with any member of City
staff. Boards, Commissions, Committees and/or Council within the past twelve (12)
months?
I I Yes x_ No If yes, please indicate person(s): n/a
NOTE: Attach additional sheets if necessary.
I certify that all the above information is true and correct to the best of my knowledge.
Signature of owner/dat^ ' ' Sighatare of app
Wnltftr Beljean Ron Undftrv^ood
D tne oest or my Knowledge,
tore of appiiCirPlt/aate —
Print or type name of owner Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
p-1 (A) Page 2 of 2 Revised 07/10 ^|
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CUP 9409X2(A)/CDP 13^2
- Fraasianding chairs
[ ^j - ADA complant seating
- Fraestanding drum stool
Q - 30-high bar slool
Existing ch^ « 42 Proposed ch^ * 35
Existing tables = 10 Proposed tables > 9
BICKEL U^fDERWOOD
JAIfll t. BICKBU fL. AftCBtTBCT * C*tItOBIIIt CO«>0»AT10II
McDonald's CUP Application
5990 Avenida Endnas
Carlsbad, Califomia
Proposed Floor Plan
Sole \/A*'l'Jr
Much 12.2013
K\)I\B»-IM>r II l-» III
CP
CUP 9409X2(A)/CDP 13^2
I ~ I - Freestanding ctiahs
- A.D.A comptant seating
- Freestanding dnim stool
Q - 30" high bar stool
Existing chairs > 42
Existing tables = 10
BICKEL UNDERWOOD
fAUtt t. •ICKIl. IL, AtCHITtCT * CAtltOtm* cot FOBAHOII
MMIiickSlna; SaimUa, HmpcltaKKO MO
MM57M11 Ijliliiiiilin liiiM
McDonald's CUP Application
5990 Avenida F.ncinas
Carlsbad, Califomia
Existing Floor Plan
Sole l/A*-V4r
Much 12.2013
—siBgsy.gj«tasrisrgA'SfcW5rrKJWS!r'
Elevations
5990 Avenida Encinas
Carlsbad, CA
004-1210
Scale: 1/4" = V
Color Scheme
CUP 94-09X2(A)/CDP 13-02
Materials Legend
L] Spanish White - BM OC-35
• Dash of Pepper - BM 1554
Q Canopies (Metal)
I Trellis - Mink - BM 2112-10
^ Stone Arcade - Coronado Stone
Honey Ledge Four Rivers
- No proF'usc-d modifiL.alions to facade for this CUP, ' ,., s •
- AlllaiidSLaping lo remain -'.'.'rW''»
- All signag? shal be consistent witJi the PS 92-101/Paionar PIdce sign program
Pro ect is In aom)^anaewiih<^(te^ad'6uilding'HBlght4)^flnAi^<Z0ning
Ordlnan(««<ic(to32l504;(^3?'f:lf^
Existing North Elevation
|# jjop of Tower
Existing South Elevation
CUP 94-09X2(A)/CDP 13-02
Top of Tower
Exisitng East Elevation
Top of. Tower
Existing West Elevation
EXHIBIT 5
Planning Commission Minutes May 15,2013 Page 2
2. CUP 94-09x2(A)/CDP 13-02 - MCDONALD'S RESTAURANT - Request for a
recommendation of approval of a Conditional Use Permit Amendment and Coastal
Development Permit to allow for a 400 square foot expansion to an existing 3,800 square
foot commercial restaurant (McDonald's) building on a 0.75-acre parcel generally located
on the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas,
within the Mello II Segment of the Local Coastal Program and Local Facilities
Management Zone 3.
Mr. Neu stated Agenda Item 2 would normally be heard in a public hearing context; however, the project
appears to be minor and routine in nature with no outstanding issues and Staff recommends approval.
He recommended that the public hearing be opened and closed, and that the Commission proceed with a
vote as a consent item. Staff would be available to respond to questions if the Commission or someone
from the public wished to pull Agenda Item 2.
Chairperson Siekmann asked if any member of the audience wished to address Agenda Item 2. Seeing
none, she opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Black and duly seconded, that the Planning Commission
approve Agenda Item 2.
VOTE: 6-0
AYES: Chairperson Siekmann, Commissioner Black, Commissioner L'Heureux,
Commissioner Schumacher, Commissioner Scully and Commissioner Segall
NOES: None
ABSENT: Commissioner Anderson
ABSTAIN: None
Chairperson Siekmann closed the public hearing on Agenda Item 2, asked Mr. Neu to introduce the next
item and opened the public hearing on Agenda Item 2.
1. CUP 01-12X1(A) - MONTESSORI ARTS AND SCIENCES SCHOOL - Request for an
amendment to Conditional Use Permit CUP 01-12X1 to increase the maximum number of
students allowed from 36 to 49 and to approve the project with no expiration date for the
Montessori Arts and Sciences School located at 3016 Highland Drive, Carlsbad CA in
Local Facilities Management Zone 1.
Mr. Neu introduced Agenda Item 1 and stated Senior Planner Christer Westman would make the staff
presentation.
Mr. Westman gave a brief presentation and stated he would be available to answer questions.
Chairperson Siekmann asked if there were any questions of Staff.
Commissioner Schumacher asked if the CUP runs with the land and if the permit would come before the
Commission if there were a change in the operator of the school. Mr. Westman stated that the permit
would still be valid, subject to the same conditions of the approval, and it would not come before
Commission.
Commissioner Segall asked if the project could be brought before the Commission if any issues were to
arise. Mr. Westman responded yes.
Commissioner Scully asked what the capacity would be if a charter school went into the building. Mr.
Westman commented that an amendment would need to be applied for to increase the number of
students which would then come to the Commission for approval.
m
San Diego
P.O. Box 120191, San Diego, CA 92112^0191
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA} ss.
County of San Diego}
The Undersigned, declares under penalty of perjury
under the laws of the State of California: That she is a
resident of the County of San Diego. That she is and at all
times herein mentioned was a citizen of the United States, over the age
of twenty-one years, and that he is not a party to, nor interested in the
above entitled matter; that he is Chief Clerk for the publisher of
The San Diego Union-Tribune - North County
a newspaper of general circulation , printed and published daily in the
City of San Diego, County of San Diego, and which newspaper is
published for the dissemination of local news and intelligence of a
general character, and which newspaper at all the times herein
mentioned had and still has a bona fide subscripdon list of paying
subscribers, and which newspaper has been established, printed and
published at regular intervals in the said City of San Diego, County of
San Diego, for a period exceeding one year next preceding the date of
publication of the notice hereinafter referred to, and which newspaper is
not devoted to nor published for the interests, entertainment or
instruction of a particular class, profession, trade, calling, race, or
denomination, or any number of same; that the notice of which the
annexed is a printed copy, has been published in said newspaper in
accordance with the instructions of the person(s) requesting publication,
and not in any supplement thereof on the following dates, to wit;
NOTICE OF PUBLIC HEARING
^NOTICE IS HEREBY GIVEN to you, because your in-Fterest may be affected, that the City Council of the
City of Carisbad will hold a public hearing at the Coun-
cil Chambers, 1200 Carisbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, June 18, 2013, to consider
approving a Conditional Use Permit Amendment and Coastal
Development Permit to allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant
(McDonald's) building on a 0.75-acre parcel generally located on
the north side of Palomar Airport Road, between Interstate 5 and Avenida Encinas, within the AAello II Segment of the Local
Coastal Program and Local Facilities Management Zone on
property generally located at and more particularly described as:
Parcel 1 and 2 of Parcel Map 13937, in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the
County Recorder of San Diego County, September 3, 1985, as file
no. 85-321661
Whereas, on May 15, 2013 the City of Carlsbad Planning Com-mission voted 6-0 (Anderson absent) to recommend approval of
a Conditional Use Permit Amendment and Coastal Develop-ment Permit to allow for a 400 square foot expansion to an exist-
ing 3,800 square foot commercial restaurant (McDonald's) building on a 0.75-acre parcel generally located on the north side
of Palomar Airport Road, between Interstate 5 and Avenida Encinas, within the Mello II Segment of the Local Coastal Pro-
gram and Local Facilities Management Zone 3.
^JfTE
June 07'^ 2013
'!hief Clerk for the Publisher
Jane Allshouse
Those persons wishing to speak on this proposal are cordially iri-vited to attend the public hearing. Copies of the agenda bill will be available on and after June 14, 2013. If you have any ques-tions, please contact Greg Fisher in the Planning Division at (760) 602-4629 or greg.fisher@carlsbadca.gov .
If you challenge the Conditional Use Permit Amendment and/or Coastal Development Permit in court, you may be limited to
raising only those issues you or someone else raised at the pub-
lic hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: Cify Clerk's Off ice, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the
public hearing.
CASE FILE: CASE NAME:
CUP94-09x2(A)/CDP 13-02 MCDONALD'S RESTAURANT
CITY OF CARLSBADCITY COUNCIL Pub: 6/07/13
On this 07'^ day of June, 2013
NOTICE OF PUBLiC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carisbad, California, at 6:00 p.m. on Tuesday, June 18, 2013, to
consider approving a Conditional Use Permit Amendment and Coastal Development Pennit to
allow for a 400 square foot expansion to an existing 3,800 square foot commercial restaurant
(McDonald's) building on a 0.75-acre parcel generally located on the north side of Palomar
Airport Road, between Interstate 5 and Avenida Encinas, within the Mello II Segment of the
Local Coastal Program and Local Facilities Management Zone on property generally located at
and more particulariy described as:
Parcel 1 and 2 of Parcel Map 13937, in the City of Carisbad, County of
San Diego, State of Califomia, filed in the Office of the County Recorder
of San Diego County, September 3,1985, as file no. 85-321661
Whereas, on May 15, 2013 the City of Carisbad Planning Commission voted 6-0 (Anderson
absent) to recommend approval of a Conditional Use Pennit Amendment and Coastal
Development Permit to allow for a 400 square foot expansion to an existing 3,800 square foot
commercial restaurant (McDonald's) building on a 0.75-acre parcel generally located on the
noriih side of Palomar Airport Road, between Interstate 5 and Avenida Encinas, within the Mello
II Segment of the Local Coastal Program and Local Facilities Management Zone 3.
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill will be available on and after June 14, 2013. If you have any
questions, please contact Greg Fisher in the Planning Division at (760) 602-4629 or
greg.fisher(a)carisbadca.gov.
If you challenge the Conditional Use Permit Amendment and/or Coastal Development Permit in
court, you may be limited to raising only those issues you or someone else raised at the pubiic
hearing described in this notice or in written con^espondence delivered to the City of Carisbad,
Attn: City Cleric's Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the
public hearing.
CASE FILE: CUP 94-09x2(A)/CDP 13-02
CASE NAME: MCDONALD'S RESTAURANT
PUBLISH: June 7. 2013
CITY OF CARLSBAD
CITY COUNCIL
N
NOT TO SCALE
SITEMAP
McDonald's Restaurant
CUP 94-09x2(A) / CDP 13-02
Easy Peel® Labels
Use Avety® Template 5160®
Bend along tine to
expose Pop-Up Edge™ AVEf?Y® 5160®
CARLSBAD UNIFIED SCHOOL DISTRICT
6225 EL CAMINO REAL
CARLSBAD CA 92011
SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174 SKY PARK CT
SAN DIEGO CA 92123-4340
SDCOUNTY PLANNING
STE 310
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
CA COASTAL COMMISSION
AHN KANANI BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBLIC WORKS/ENGINEERING DEPT-
PROJECT ENGINEER
CITY OF CARLSBAD
PROJECT PLANNER
MICHAEL MCSWEENEY - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
l^lquettes f adtes k peler
Utilisez le aabarit AVERY® 5160®
A
Sens de Repliez d la hachure afin de |
r6v4ler le rebord POD-UDT** !
www.avery.com
1-800-GO-AVERY
Bbl CARLSBAD INC
PO 80X121604
ARLINGTON TX 76012
GLS LLC
#335
11999 SAN VICENTE BLVD
LOS ANGELES CA 90049
STATE OF CALIFORNIA
NO ADDRESS PROVIDED
NORTH SAN DIEGO COUNTY TRANSIT
NO ADDRESS PROVIDED
COGNAC CARLSBAD PACIFIC CENTER L L
#2700
4 EMBARCADERO CTR
SAN FRANCISCO CA 94111
COGNAC CARLSBAD
#2700
4 EMBARCADERO CTR
FRANCISCO CA 94111
IC CENTER L L
COGNAC CARLSBAD PACIFIC CENTER L L
#320
705 PALOMAR AIRPORT RD
CARLSBAD CA 92011
COGNAC CARLSBAD PAQi
#2700
4 EMBABGAOERO CTR
-RANCISCOCA94111
ENTER L L CREST RESORTS LLC WAVE III
#A
829 2ND ST
ENCINITAS CA 92024
CITY OF CARLSBAD
1635 FARADA)
CARLSBACTCA 92008
PAUL ECKE SR
#10
1351 DISTRIBUTION WAY
VISTA CA 92081
PAUL ECKE SR
5850 AVENIDA ENCINAS
CARLSBAD CA 92008
PALOMAR & CO
#A
5850 AVENIDA ENCINAS
CARLSBAD CA 92008
PROVIDENCE CARLSBAD CORPORATE
#100
183 CALLE MAGDALENA
ENCINITAS CA 92024
PROVIDENCE CARLSBAC
#100
183 CAlJ-EiTlAGDALENA
ifJiTAS CA 92024
ORATE
PALOMAR & CO
5850 AVENIDA ENCINAS
CARLSBAD CA 92008
PALOMAR & CO
5850 AVENPA^CINAS
CARJ-SeXo CA 92008
PALOMAR & CO
5850 AVENID^^ENCTfJAS
CARLSBACfCA 92008
210 170 06 00 210 170 10 00
OCCUPANT OCCUPANT
5990 AVENIDA ENCINAS 5980 AVENIDA ENCINAS
CARLSBAD CA 92008 CARLSBAD CA 92008
McDonald’s Restaurant
CUP 94-09x2(A)/CDP 13-02
Greg Fisher, Assistant Planner
June 18, 2013
Location Map
Project Information
•Existing 3,800 sq.ft commercial restaurant.
•Project proposes 400 sq.ft expansion.
•Project is located in the Commercial/Visitor-
Serving Overlay Zone and requires a CUP.
•Project was recommended for approval by the
Planning Commission on May 15, 2013.
Site Plan
Existing Floor Plan
Proposed Floor Plan
Parking
•Parking requirement increases with the 400
square foot restaurant addition.
•Additional parking required = 8 spaces
•Total required parking = 46 spaces
•Total proposed parking = 46 spaces
Project Consistency
•Travel/Recreation Commercial (T-R) General
Plan Land Use designation
•Commercial Tourist (C-T) and
Commercial/Visitor-Serving Overlay Zones
•Conditional Use Permits
•Mello II Segment of the Local Coastal Program
Recommendation
That the City Council ADOPT City Council
Resolution No. 2013-158 APPROVING
Conditional Use Permit Amendment CUP
94-09x2(A) and Coastal Development
Permit CDP 13-02, as recommended for
approval by the Planning Commission.