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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. 2- 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 6 9 10 11 12 17 18 19 20 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 16 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. 23 24 25 26 27 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of 28 Carlsbad as follows: 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 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 5 EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 6973 3 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: 18 19 20 21 22 23 28 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: 8 13 18 Findings: 3 4 5 .. 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. 10 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. 24 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 3 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. 16 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. 19 " 20 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. 28 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. 4 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. 8 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. 19 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. 21 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. 23 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. 26 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- 8 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. 10 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. 18 19 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. 22 23 25 26 27 28 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. 8 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: 16 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. 19 20 24 25 26 27 28 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.' 4 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. 8 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. 12 13 14 15 „ AYES: Chairperson Siekmann, Commissioners Black, L'Heureux, 16 Schumacher, Scully and Segall 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, 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 8 10 11 12 26 27 28 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 15 16 17 ("the Property"); and 18 WHEREAS, said verified appHcation constitutes a request for a Coastal 19 Development Permit as shown on Exhibits "A" - "E" dated May 15, 2013, attached hereto and 20 on file in the Carlsbad Planning Division, MCDONALD'S RESTAURANT CDP 13-02, as 21 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: 4 •• 5 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. 13 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. 21 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 ^| I < I I Hit lip j! il {!|!!if illh i IU»i III fl 1 I 1 111 P ! t Hi iff In ill! illilfifl H in till! U ul 0 Q U 0 s^iS :?1 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.