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Home My WebLink About2002-08-07; Planning Commission; ; CUP 92-01X1 - PALOMAR PLACE - IN-N-OUT DRIVE THRUle City of CARLSBAD Planning Departmef A REPORT TO THE PLANNING COMMISSION Conditional Use Permit Extension Item No.@ Application complete date: NIA P.C. AGENDA OF: August 7, 2002 Project Planner: Michael Grim Project Engineer: David Rick SUBJECT: CUP 92-0lxl -PALOMAR PLACE -IN-N-OUT DRIVE THRU -Request for a retroactive ten year extension of CUP 92-01 to allow the continued operation of a drive thru restaurant at 5990 Avenida Encinas in Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5260 APPROVING a retroactive ten year extension of CUP 92-01 based upon the findings and subject to the conditions contained therein. II. INTRODUCTION This proposed ten year extension of CUP 92-01 will allow the continued operation of a drive thru restaurant at 5990 Avenida Encinas from June 30, 2002 through June 29, 2012. III. PROJECT DESCRIPTION AND BACKGROUND On July 1, 1992 the Planning Commission approved CUP 92-01 to allow the development and operation of a drive thru restaurant at 5990 Avenida Encinas. Condition No. 5 of the approving CUP Resolution No. 3393 specifies that CUP 92-01 is granted for a period of 10 years but may be extended upon written application of the permittee (ln-N-Out Burgers). The applicant, In-N- Out Burger, is requesting a 10 year extension of CUP 92-01 to allow the continued operation of a drive thru restaurant at this site. IV. ANALYSIS A. The drive thru restaurant continues to be consistent with all applicable plans, policies and regulations described below: 1. Carlsbad General Plan 2. Local Facilities Management Plan 3 3. Local Coastal Plan (Mello II) 4. Palomar Airport CLUP 5. Title 21 of the Carlsbad Municipal Code CUP 92-0lxl -PALOMJeLACE -IN-N-OUT DRIVE THRU - August 7, 2002 Pa e2 B. The adopted project findings for CUP 92-01, which are contained m Planning Commission Resolution No. 3393 still apply to this project (CUP 92-0lxl). C. The adopted project conditions for CUP 92-01, which are contained in Planning Commission Resolution No. 3393 still apply to this project (CUP 92-0lxl) with the exception of Condition No. 5 which is amended by Condition No. 4 in Planning Commission Resolution No. 5260 to extend CUP 92-0lxl for 10 years from June 30, 2002 through June 29, 2012. D. No formal written complaints regarding CUP 92-01 have been submitted to the City. E. Annual reviews have been conducted for CUP 92-01 and the project is in compliance with all conditions of approval. F. The extended CUP is exempt from environmental review per Section 15301, Existing Facilities, of CEQA. V. ENVIRONMENTAL REVIEW The Planning Director has determined that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301, Existing Facilities, of the State CEQA Guidelines and will not have any adverse significant impact on the environment. ATTACHMENTS: 1. Planning Commission Resolution No. 5260 (CUP) 2. Location Map 3. Disclosure Statement 3. Planning Commission Resolution No. 3393, dated July 1, 1992. MG:cs PALOMAR PLACE - IN-N-OUT DRIVE THRU CUP 92-01x1 -City -of Carlsbad 14Fi1Uhei·■•J4·tlii,,i4,il DISCLOSURE STATEMENT 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 ;ndivid:..:.:.I, firm, co-partnership, joint VP.nture. assoc1at1on. social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. i. 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, title, 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 publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Raymund Villanueva Corp/Part IN-N-OUT BURGER Title Director of Development Title --------------- 2. OWNER (Not the owner's 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, title, 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ___________ _ Title ------------- Address ------------ Corp/Part IN-N-QUT BUBGEBS, a CA corporation Title --------------- Address 13502 Hamburger Lane Baldwin Park, CA 91706 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ 3. NON-PROFIT ORGANIZATION OR TRUST N/A If any person identified pursuant to { 1) or (2) above is a nonprofit organization or a trust, list the 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 Non Profit/Trust ------------------ Tit I e Tit I e ---------------------------- Address Address -------------------------- 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve { 1 2) months? D Yes GJ No If yes, please indicate person{s): ----------- NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correcry the best of my knowledge. ' / • // ~~fa4/b2- _Richard C. Boyd, V.P. of Real Estate Print or type name of owner & Development ~nat e of applicant/date Raymund ViJJaoueva, Director of Development Print or type name of applicant Signature of owner/applicant's agent if appiicabie/date Print or type name of owner/applicant's agent 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3393 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI1Y OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRNE THRU RESTAURANT ON PROPER1Y GENERALLY LOCATED ON THE EAST SIDE OF AVENIDA ENCINAS NORTH OF PALOMAR AIRPORT ROAD. CASE NAME: PALO MAR PLACE CASE NO: CUP 92-1 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on the 1st day of July, 1992, hold a duly noticed public hearing to consider said application on property described as: Parcels 1 & 2 of Map No. 13955, Parcels 1 & 2 of Map No. 13937, and Parcels 1, 2, 3, & 4 of Map No. 14014, in the City of Carlsbad, County of San Diego, State of California, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 92-1. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVES CUP 92-1, based on the following findings: Findings: 1. That the requested use is necessary or desirable for the development of the community because the adequacy of onsite circulation and provision of adequate parking will enhance the benefit gained by the increased variety of dining facilities, ]. 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 2. 3. 4. and adequate drive thru circulation will reduce the opportunity for congestion, is essentially in harmony with the various elements and objectives of the general plan since adequate off-street parking and loading facilities are being provided, and is not detrimental to existing uses or to uses specifically pennitted in the zone in which the proposed use is to be located because of the adequate onsite and drive thru circulation, provision of headlight screening, and the adequacy of onsite parking; That the site for the intended use is adequate in size and shape to accommodate the use as demonstrated by the provision of adequate onsite drive thru circulation, loading facilities, and parking supply; while still providing building and headlight . screerung. That all of the yards, setbacks, walls, fences, landscaping, and other features nece~sary to adjust the requested use to existing or permltted future uses in the neighborhood will be provided and maintained because the necessary landscaping, screening and building setbacks are incorporated into the project design; That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Conditions: 1. 2. 3. 4. 5. Approval is granted for CUP 92-1, as shown on Exhibits "A" -11L11 , dated July 1, 1992, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ord1nances in effect at time of building pennit issuance. This approval shall become null and void if building pennits are not issued for this project within one year from the date of project approval. Approval of CUP 92-1 is granted subject to the approval of SOP 83-11(D), PUD 92-4, and MS 92-4. Approval of CUP 92-1 is granted subject to all conditions of SOP 83-11(D), PUD 92-4 and MS 92-4, Planning Commission Resolution No. 3391, and 3392, incorporated herein by reference and on file in the Planning Department. This conditional use pennit is granted for a period of 10 years. This conditional use pennit shall be reviewed by the Planning Director on a yearly basis to detennine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the PC RESO NO. 3393 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planninsr Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 1st day of July, 1992, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Erwin, Commissioners: Schlehuber, Schramm, Noble, Savary & Erwin. None. Commissioner Welshans. ABSTAIN: None. TOM ERWIN, Chairperson CARLSBAD PLANNING COMMISSION t,,MICH 23 fl • Pl.ANN 24 25 26 27 28 PC RESO NO. 3393 -3-