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HomeMy WebLinkAboutCUP 136; McDonald's Restaurant; Conditional Use Permit (CUP)CITY OF CARLSBqD . 1) , REQUEST: Conditional Use Permit to construct and operate (briefly expl ai n) a drive-thru restaurant - 2) LOCATION: The subject property is generally located on the \ east side of El Carnino Real between Haymar Drive -. CJ *. and Marron Road 3) ASSESSOR'S NUMBER: Book 167 Page 030 Parcel 25 . Book 167 Page 030 Parcel 44 (If more, please list on bottom of this page). E.) PROPERTY C:.t"EE'S SIGNATURE Add r*e s s City Zip Phone SANT A TAD VE PMENT ORPO TlON 363 San Miguel Drive By: 3&&&-&%?!Z-~ New-C- w * (714) 644-6440 William W. HugKes,4;. Groundlessee under Ground Lease dated 3-1 1-76, Recorded 6-18-76, Recorder's File No. /6-190385 5) Person Responsible for Pre2aration of Plan: Name Address City Zip Phone Ronald D. Roberts, AIA PI-9 & Ardjtecwe P.0. Box 33326, San Dieqo, Ca. 297-0131 92103 6) Registration or Lice 7) Applicants Signature I hereby declare that all information contained within this application is true; and that all standard conditions as indicated on the attachment have been read, understood and agreed to. .. Zip Phone Kame Address City Ronald D. Roberts, AIA, P.O. Box 33326, San Diego, Ca. 297-0131 031 Representing (Company or Corporation) SGPA Planning & Architecture Reiationship to Property Op/ner(s) Armitects for Owner ** The City of Carlsbad Planning Department would appreciate the opportunity to v:ork with the applicant throughout the PlpEBi %Stages of the pro- posed development. In an effort to aid the appl B C%R-~-T the Planning . Dcpartnient requests thaL it: be given an o orturiity to evaluate and This rcques t .Js not a requirement; however, it may av&kWi#i@&gwd,r~S.tiny or revision of the plan which only serves to lengthen tile processing - discuss the application and plans prior. dfbuhiittal . '. time. .b h - .- RTTAC 11 ME NT S : Supplemental Information Form - Planning 22 Standard Cond i ti on-P1 anni ng 27 Preparation Check List - Planning 32.. Proccdurcs - fllanning 36 SUPJLEIIENTAL. INFQYMATION FOHIL- bONDITIONAL USE PERMIT 4 7 I. .. ' 5 ' Gross Acres (or square footage if'less than acre) 14.6 . Zone c-2 General Plan Land Use Designgtion .- Cokerqial 0, 4) The Present Use of the Subject Property Commercial 5)' By law a Conditiondl Use Permit niay be approved only if certain ' facts are found to exist. Please read these required facts c,arefully and explain how the prop.b'sed pro.ject meets each of .. a) Explain why the requested use is necessary or desirable ' these facts. Use additional sheets if necessary: .4 for the development of the community, is essentially in harm.ony with the various elements .and objectives of the General Plan, and is not. detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located: The pioposed development is in harmony with both the General Plan and the Zoning Ordinance, and contributes to the balance of commercial uses in this area; it provides a service to the . community not now present in this area, i.e., fast foods t. b) Explain why the site for th'e intended use is adequate in size and shape to acconodate the use: The plan is compatible with the adioininq shoppinq center plan in both use and design layout. c) Explain why you believe the proposed yards, setbacks, walls, fences, landscaping, etc., will b'e adequate to adjust the requested use to existina or permitted future uses in the neighborhood: The development is part of the master plan for the entire block. .- .I -. . -*d) Explain why you believe the street: systeiir servitig the proposed use is adcquate to properly handle all traffic gcner- ated by the proposed use: Traffic studies by Jim Federhart & s. TW Consultants, indicate that both the existing .roads servins the site, and the on-site parking lot layout are adequate for tfie projected traffic. .* .. . ** If you need more snace to answer the above, please use reverse side of this forni or separate sheets and attach to this form. 1976, by and between A%,riLz:~, ~lqc., a California corporation, :LATION, a California corporation, hereinafter called "Lessee." 12 E C E 1 V E E$ WITNESSETK : JUL G 1976 f the rents herein reserved and the covenants "s.332 In ConsicZcr and agreenents herein contained on the part of Lessor and Lessee to be kept, observed and performed, the Lessor has demised and leased, and by these presents does demise and lease unto the Lessee, and the Lessee hzs hired and taken, and by these presents does hire and take from the Lessor t'ne.real property, situate, lying and being in the City of Carlsbad, County of San Diego, State of California, more particularly described in Exhibit 1 hereto, which said exhibit is h-,reEy incorporated hersin by reference, to9ether with all buildings and appurtenances, if any, presently existing thereon, for the tern hereinafter set forth. I The term of this Lease shall commence upon the date of recordation of this Short Forin of Lease, and shall terninate May 31, 2059, subject to earlier termination as provided in that Gromd Lease of even date. I1 Lessee has the Right of First Refusal to purchase Lessor's interest in the c?cmised premises, on the terns set forth in that Lease of even date referred to herein. I11 This Lease is suSject to the terms, covenants, conditioils and prcvisions of that certain unrecoriie6 Ground Lease between the parties h3rcto of even date. AZALEA, INC., A California ___ (Cor L " Le s so r " JUL G 1976 f the rents herein reserved and the covenants %lfl."e In Consider and agreements herein contained on the part Of Lessor and Lessee to be kept, observed and performed, the Lessor has demised and leased, and by these ?resents does demise and lease unto the Lessee, and the Lessee has hired and taken, and by these presents does hire and take from the Lessor the.real property, situate, lying and being in the City of Carlsbad, County of San Diego, State of California, mare particularly described in Exhibit I hereto, which said exhibit is here* inco-rporated hersin by reference, tosether with all buildings and appurtenances, if any, presently existing thereon, for the tern hereinafter set forth, I The term of this Lease snall co.mence upon the date of recordation of this Short Fo-m of Lease, and shall teriaina'iP, Nay 31, 2059, subject to earlier termination 2s provided in that Gromd Lease of even date. I1 Lessee has the Right of First Refusal to purchase Lessor's interest in the deniszd premises, on the even date referred to herein. } ss. before me, .- the unclersigned, d kncwn to me to lie the -President, and 5 5, 2 g --&----, known to me to he ____.__--.-Secretary of the rorporation that executed the within Instrument, known to me to lie the persons who executed the within Iwtrunient on tiehalf of the corporation therein named, and nc.knowlcdget] to me that such corporation esecuted the within instrument pursuant to its by-laws or a resolutlort of its board of directors. A 1. Lems set forth in that Lease of FOR NOTARY SEAL OR STAMP } ss. STATE OF CALIFORXI CO L! NTY OFL--&W------ on2d /K+ .U.%-- ljefore me, personally appeared - known to nlp to I,e irtstruinent pursuant to its l,y-laws or a resolution of its board of directors. SANTA ANITA DEVELOPMENT CORPORATION, A California Corporation I' Le s see 'I 8 SAFECO FOR NOTARY SEAL OR STAMP -2- @- EXHIBIT 1 PAXCEL A a595 Those portions of Lots 4 and 5 of fractional section 32, Township 11 South, Range 4 West, San Bernardino meridian, according to official plat thereof, being in the City of Carlsbad, in the County of San Diego, State of California, described as follows: Beginning at the most southerly corner of Parcel 2 of Parcel Map No. 487, according to Official plat thereof filed in the office of the County Recorder of San Diego County, thence northwesterly along the southwesterly line of said Parcel 2, North 60'45'03" west, 473.19 feet to the northeasterly corner of land described in a deed to the City of Carlsbad, recorded March 25, 1968, Recorder's File No. 49109 of official records, thence along the northerly line of said land, south 88'33'33" west (record south 87"58'32" west) 197.05 feet to an intersection with the easterly right of way line of El Camino Real (126.00 feet wide) according to road survey No. 1800-65 filed in the office of the County Engineer of said county and described in Parcel 66155-A in deed to the County of San Diego, recorded October 19, 1966, Recorder's File No. 167629, thence northerly along said easterly right of way line nor-th 03°09103" west 344.76 feet to the most westerly corner of Parcel 1 of said Parcel Map No. 487, thence leaving the easterly right of way line of said El Camino Real easterly and northerly along the northerly and westerly lines of Parcel 1 of said Parcel Map 140. 487, North 73'50'57" east, 120.05 feet, north 50°50'50" east, 69.26 feet, north 03"09'03'' west, 88.77 feet and north 21'32'33" west, 77.71 feet to the most northerly corner thereof and an intersection with the southeasterly right of way line of Haymar Drive as said street is shown on said Parcel Map No. 487, being also a point in the arc of a non-tangent 445.00 foot radius curve, concave northwesterly, a radial line to said point bears south 25'03'18" east, thence northeasterly along said southeasterly right of way line and along said curve through a central angle of 16'17'44" an arc distance of 126.56 feet to a point to which a radial line bears south 41"21102" east, thence from said last mentioned point north 49'38'51'' east, 279.05 feet to the beginning of a non-tangent 450.00 foot radius curve, concave southeasterly, a radial line to said curve beginning bears north 41'22'45'' west, thence northeasterly along said curve through a central angle of 27'32'56" an arc distance of 216.37 feet to a point to which a radial line bears north 13'49'49" west, thence leaving the southeasterly right of way line of said Haymar Drive, south 03'09'03'' east, 1087.08 feet to an intersection with the southeasterly line of Parcel 2 of said Parcel Map No. 487, thence southwesterly along said south- easterly parcel line south 46"00'31" west, 103.80 feet to the most southerly corner thereof and the point of beginning, gessor holds the portion of the above described real property lying within Parcel Map No. 487. under a leasehold estate created by that Ground Lease dated February 27, 1974, Lessor Carroll R. Kelly and Alice L. Kelly, Husband and Wife, Lessee Azalea, Inc., a California corporation recorded February 24, 1975, Recorder's File No. 75-041613 and Recorder's File No. 75-041615. Lessor holds the balance in fee simple absolute.) 1596 A non-exclusive easement for the term of this Ground Lease with respect to Lessor's leasehold estate in the following described real property: LEGAL DESCRIPTION OF SLOPE EASEMENT A portion of Parcel 2 of Parcel Map No. 487, filed in March, 1971 in Records of San Diego County, California, being sit- uated in the City of Carlsbad in said County and State, described as follows: Commencing at the most southerly corner of said Parcel 2; thence along the southeasterly boundary of Parcel 2, North 46°00'3111 east, 103.80 feet to the True Point of Beginning; thence North 3O 09'03" west 1087.00 feet to a point on the southerly line of Haymar Drive, being a point on a curve concave southeasterly and having a radius of 450.00 feet. A radial line through said point bears north 13"49'47" west, and said point is located at an arc distance of 7.03 feet westerly from a point of compound curvature in said southerly line of Haymar Drive. south 53O 00'00" east 200.00 feet; thence south 12°30'00" west 240.00 feet; thence south 11°30'OO"-east 340.00 feet; thence south 2°00'00" west 230.00 feet; thence south 32O43'34" west 199.38 feet to the True Point of Beginning. Thence, The area used for such slopes may be changed by Lessor provided such changes made shall not be in violation of any rule, regulation, ordinance, statute or law of any applicable governmental agency, and provided further no changes in the plans, improvements or site work of Lessee are required, and no costs or expenses of such changes shall be borne by Lessee. The area of this easement shall not be reduced to a width of less than forty feet (40') and in no event shall buildings be erected within forty feet (40') of the westerly boundary of such easement. PARCEL C Two non-exlusive easements for the term of this Ground Lease for ingress, egress to and from and passage over the following described easement areas by pedestrians, automobiles and other vehicles: EASEMENT AREA NO. 1 That portion of the Northwest One-Quarter of Fractional Section 32 Township 11, south, Range 4 west, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, more particularly described as follows: 2 c .E 9 '% 1597 Beginning at the intersection of the easterly right-of-way line of that 126.00 foot street known as El Camino Real with the southerly right-of-way of State Highway X1-SD-78 as shown on on R.S. 1800-65; thence along said State Highway right-of- way line; North 68O27'27" east 124.74 feet to a point of intersection with a 445.00 foot radius curve to the left, a radial to which bears south 20O55'58" east; the TRUE POINT OF BEGINNING. curve 32.02 feet through a central angle of 4°07'20" to a point, a radial to which bears south 25O03'18" said State Highway right-of-way line south 21O32'33" east 77.71 feet; thence northwesterly in a straight line 83 feet more or less to the TRUE POINT OF BEGINNING. said point being Thence along the arc of said east; thence leaving EASELVENT AREA NO. 2 That portion of the Northwest One-Quarter of Fractional Section 32 Township 11 south, Range 4 west, San Bernardino Base and Meridian in the City of Carlsbad, County of San Diego, State of California, more particdarly as follows: Beginning at the intersection of the easterly right-of-way line of that 126.00 foot street known as El Camino Real with the southerly right-of-way of State .Highway X1-SD-78 as shown on R,S. 1800-65; thence along said State Highway right-of-way line; north 68O27'27" east 124.74 feet to a point of inter- section with a 445.00 foot radius curve to the left, a radial to which bears south 20O55'58" east; thence along the arc of said curve 32.02 feet through a central angle of 4007'20" to a point, a radial to which bears south 25O03'18" east; thence leaving said State Highway right-of-way line south 21°32'33" east 77.71 feet; thence south 3°09'03" east 88.77 feet to a point said point being the TRUE POINT OF BEGINNING; thence south 50°50'50" west 69.26 feet to a point, thence south 73O50'57" west 120.05 feet to a point on the easterly right- of-way line of El Camino Real, thence north 3O09'03" west 30.00 feet, thence easterly in a straight line 176 feet more or less to the TRUE POINT OF BEGINNING. xxxxxx Lessor hereby reserves a non-exclusive easement for ingress and egressLto and from the other leasehold estates held by Lesso4by pedestrians, vehicles and utilities over the following described property (which is part of the above described Parcel A) - A 35' wide strip over that portion of Parcel 1 shown on City of Carlsbad Parcel Split Map No. 230, lying 17.50 feet on each side of the following described centerline: Beginning at the most northerly corner of Parcel 1 as shown on Parcel Map No. 487, said point being on a curve concave north- westerly and having a radius of 445.00 feet, a radial through said point bears north 25O30'18" west; thence along said curve through a central angle of 16"17'44", an arc length of 126.56 feet; thence north 49O 38'51" east along the northerly line of Parcel 2 of said Parcel Map No. 487, 133.00 feet to the True Point of Beginning; thence south 40° 21'09" east 27.50 feet; thence north 49O38'51" east, parallel with said northerly line of Parcel 2, 146.05 feet to the beginning of a tangent curve concave southerly and having a radius of 282.50 feet; thence along said curve through a central angle of 41"57'13", an arc length of 206.86 feet to a point of termination on the easterly line of said Parcel 1 shown on City of Carlsbad Parcel Split Map. No. 230. 3 c This retained right of ingress and egress shall adjoin the most easterly access road (and if the above description does not it shall be revised so to do when the exact location is known) through the subject property in the north-south direction as such easement area is described in that recorded Grants of 'Easements and Declaration of Restrictions dated January 31, xxxxxxx 1974. Lessee shall not be responsible to Lessor for paying taxes, performing maintenance, and paying any insurance with respect to the easements created in Parcels B and C described above; provided, however, that if the City of Carlsbad requires planting on the slope referred to in Parcel B above, Lessee shall be responsible for such plantings and maintaining them. Lessee's duty to pay taxes, perform maintenance and pay for insurance on Parcel A shall not be reduced by reason of Azalea Is retained easement for ingress and egress .referred xxxxxxx to above. The lease of Parcel A above includes the lease of any land or rights of Lessor included in any adjoining abandoned or vacated streets, and access to such adjoining streets, except to the extent restricted, if at all, by the Master Ground Lease referred to under the description of said Parcel A. TQ:srn to=. >anta Anita Development Corp.\I P.O. Box 1880 I Newport Beach, Ga, 92660 Attn: Bill Hughes RE: 958143 Carlsbad Plaza 4 k .. ! z ..... .... ..* ..... # ..... ...*..,...-.,.....I...... .....,.. ..... .". .... .- ... 1 1. .. .. *'I ' .. . $ h . P .. I. " ':. .. t -.II UII,.l-~--.....-,.,,....... .......... ."."....I.... .. -..-.--... .. ......C-..-.- ............ "... ................ - I-- .-c.~-.---.--.-------...- i i: I I I ! , I c . ._____-..______.___....._--.._-.-.---.-.. ............. --.-..---.--- ................ _.__.._._._._. ............ ..................... ..-.-.-_.--- - ’ . -’-‘\ ............... -. ... . -.----. . ._ .. _. ... ..- ....... .- .......... -- . &L .... .- ...... -- --- ............ e -- ........ ......-........-.---.-._ ........... .-_ -- ...... _- .. . ......... ......._._ ..-._ .. ---... .. _. ........ ___-- .---. ........ .... . -._- .----. ........................................... - ........... .-- .-.. -------..---. ... b ........ ____ ............................ ...-.... ........... .. - -..--_ .. - . - .-- -.---- ........ - ............... ..-. ..... ..- ...... _. ... ...-.... .--.- ..--.-.- ---. .- -- ........ -. ... ... ...... -- ........ ...... . c i ! ! t i i ! I i i ! i I I I i ... :. .. -. _- . , ,. - . .. . RESTAURANTS C'OMPAR ISON * .. 0.;. sim . Denny's . McDonald's Bob'sBigBoy Love's .. b . P-2 R-3 R4 . Stti* Number R-1 * .. . Background Data 58: 37 72 Parking spaces 1pOOSq. Ft. of Floor Area Seating Capacity Employees -50 4.5 165 45 .. 38 . 3.0 4.0 144 80 1 28 61 54' 30 Ob 0.2 0.7 0.7 Acres Awrage Weekday Peak Hour - PeakHwr 3,050 2,524 130 440 160 14.4% 6.3% 0 Weekday Trips per... Perking Space 34.1 82.4 35.1 631 .o 1,OOOSq. Ft. (Bldg) 521.0 1 ,016.6 33.9 19.7 Employee Acre 3,300.0 15,250.0 3d58.0 ' Seat . 13.7 38.8 66.6 84.1 .. 19.6 - 21 7.8 5.9 21 .E 1,400.0 -. ' '. .. i I I ...* % ...... .' .. P .... ... .. .. '.. r, ..:.::* --,-,. LA &b,..+-:. ; !* .. , ...... .. :.r ..... ......... Vehictc Occupancy =. 1.45 ~ Persons Per Abto (Weekday) -2 , - .. .. ............................. y;.+<:l.J :.. 7 .;;i.c-:2.1-:3= 3,: . ..... ... . . _.. ... .... __. . : , . .. .. ....... .. .-,. ..... .. McDOP- ALD'S -_ _I A chain restaurant specializing in short-order food. The location is on a major business arterial in a coinniercial area. Drive-through food services are available, as well 3s inside and outdoor seating facilities. . -., . -. ... . ... - ...... .. e PLANNING Li A FIC I -I IT E C;TU F4 E TO Tom Hageman Planning Department City of Carlsbad u.a.nnlng Departn-iui t PROJECT Carlsbad Plaza Carlsbad, California DESCRIPTION Enclosed are the following: One copy of the Specific Plan Application One copy of the Conditional Use Permit Application. 15 prints of the site plan (dated 4 February 1977). 15 prints of the McDonald's build- ing elevations (two sheets) , dated August 12, 1976. One check for $150.00 (Specific ' Plan $100.00: C.U.P. $50.00). One copy of the short form of ground lease. - c DATE Feb. 9, 1977 VIA Hand JOBNO. 7584 BY Ran Rob2rts I DENT IF I CAT1 0 N TRACINGS SPEC IF IC AT IONS SHOP DRAWINGS SAMPLES PRICE REQUEST CHANGE ORDER ADDENDUM CONTRACT REPORT x PRINTS X Applications PURPOSE INFORM AT1 ON ACTION Q U GTAT IO N BIDDING PER REQ\ IEST . XYOURUSE ACTION CORRECT & RESUBMIT . APPROVED DISAPPROVED RETURN , FOR APPROVAL COPY TO MEMUEnS AMERICAN INSTITUTE OF ARCHITECTURE 440 IJPAS STREET SAN UIECW CALIFORNIA 02103 PO BOX 33328 TEL 714 287 0131