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Home My WebLink AboutCUP 92-01; Palomar Place; Conditional Use Permit (CUP)<<~ ~ CITY OF CARLSBAD LAND USE REVIEW APPLICATION P-1 Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Peanits 0 Administrative Permit 0 Coastal Development Permit (*) 0 Minor IS?"'conditlonal Use Permit (*) 0 Minor ~ension 0 Environmental Impact Assessment D Habitat Management Permit 0 Hillside Development Permit (*) D Planned Development Permit D Minor D Residential 0 Non-Residential 0 Planned Industrial Permit 0 Planning Commission Determination 0 Site Development Plan 0 Special Use Permit 0 Tentative Tract Map 0 Variance 0 Administrative (FOR DEPT. USE ONLY) Leaislative Permits (FOR DEPT. USE ONLY) l<ta.-ot yJ " 0 General Plan Amendment 0 Local Coastal Program Amendment (*) 0 Master Plan 0Amendment 0 Specific Plan D Amendment 0 Zone Change (*) 0 · Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Admin D Minor D Major Village Review Area Permits D Review Permit 0 Admin D Minor 0 Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPUCATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSORPARCELNO(S).: _210-l/0-l7' ~~~~~--~~--------.--.--------~--~~~--~~~~~-- PROJECTNAME: PAL-OMA~ y~~ tt-J .. tJ .. OlAit?~@t CM.P ~~ ... ~>'.1.. BRIEF DESCRIPTION OF PROJECT: e1, sr•l\l 1}, ov~ ~ ~ • N ... ~-ouT ex.t~~ IU?-5r.AURMJ.r Wl1l+ D~\YG-11-t~lA. BRIEF LEGAL DESCRIPTION: $'6E?; ATtr\CHet> ~GAJ, ~1 f'1"l Ot\J - ~~~c;,· LOCATION OF PROJECT: ON THE: STREET A DRESS SIDE OF ~\!EN l PA EN,C.l 1\1.4 s (NAME OF STREET) (NORTH, SOUTH, EAST, WEST) BETWEEN l'~MAA t\l~T RD AND (NAME OF STREET) P-1 .:P.? .,. ~ DI&GO t:WY' (NAME OF STREET) Page 1 of 5 Revised 05/12 , ---------------------- OWNER NAME (Print): lN.,tJ...ru;r etfP~ A~ MAILING ADDRESS: l,.;Q,. ~0~-UJ CITY, STATE, ZIP: "flcY>WltJ PAIX I CA q J1r:>f.t TELEPHONE: {.pZlg-sr~-?~'1JIS EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATIO~I T U:ZAN CORRECT TO THE BEST OF MY KNOWLEDGE. '/ ~ / I ' &·. ~~ nc;-fro rz SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: APPLICANT NAME (Print): M~ ~ Q ~ MAILING ADDRESS: \fb5f>~ )\J\MelMlhelllN CITY, STATE, ZIP: e>AU>W\N ~AitJC:. (A ~11oy 1 TELEPHONE: ~~~-St ~ -6~'15 EMAIL ADDRESS: JY\~en1lt# a) \nnout. C.CW! I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IMIE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH ~~SORSININTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of5 .RECEIVED JUN 0 1 2012 CITY OF CARLSBAD oAfe~~,t}J~.QWJ~~~o RECEIVED BY: 1 Revised 05/12 13502 Hamburger Lane Baldwin Park, California 91706-5885 (626) B13-B200 May 21,2012 Dan Halverson, Assistant Planner City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008-7314 Subject: CUP 92-01X1-Palomar Place -In-N-Out Burger wiDrive-Thru Dear Mr. Halvers0n: The Best Enterprise Is A Free Enterprise® CITY OF CARLSBAD MAY 3 0 2012 PLANNING OEPAR I MENT In reference to ow existing Conditional Use Permit (CUP 92-01x1) for our Palomar Place In-N-Out Burger Restaurant with drive-thru, located at 5950 Avenida Encinas, Carlsbad, CA 92008, enclosed are the following application requirements in requesting an extension to our CUP permit: ~ Written request for an extension; 'r Completed Disclosure Statement; ~ Land Use Review Application; 'r Development Permits form; 'r Check# for $1,149.50 (CUP fee $850.00 I Noticing Package Fee $295.00 I Postage .45 x 10 labels $4.50); Y Original approved Site Plan dated 5/1/93. If you should have any questions or require additional information, please do not hesitate to contact me at (626) 813-8278 Sincerely, Walter Deissler, Architect IN-N-Out Burger "God Bless America" • The Customer Is Everything To Us «~~ ~ CITV OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defin~ as "Any indivlcfual, firm~ co-partn~rship, joint ventl,!re, a,s.$Qciatlon, social club, fraternal organization, cc)ipdration, estate, trust receiver, syndicate, in th.is and aoy of.her P,qynty; city ari~ t;Qunty, city munlci~llty, ~!strict or other political subdivision or any other group or combination ~tlng as ~ unit. • Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P·1(A) 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 publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Corp/PartlN.--*OIA'T et.UtSffls, A ~r:~tA. CbttP. Title_ Address ___ __,_ ______ _ OWNER (Not the owner's agent) Title ____________ _ Address l~'SD~ ~welt t.AHe BAL-OWIAI PM I<, CA et l IJb/, Provide the COMPLETE. LEGAL names and addresses of ill 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% 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.) Pernon __________________________ _ Title. ___________ _ Address. _________ _ Corp/Part lt+=N~'f" &Ul~S, A (;AUFOANIA Title r GOilP Address l'35o.l HAI\.tf)(.(A pat kN 0.&d..t>WlN PAA~. CA. 4't-zoc, Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST 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. ________ _ Title __________ _ Title ____________ _ Address _________ _ Address. ___________ _ 4. 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? D Yes ~ If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and corre ~~ Signature of owner/date Print or type name of owner 1 Mt:::l ~ Print or type name of applicant ~{£,. Vf Of ?lffiN \N~ ~ v~tVllfr Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2of2 Revised 07/10 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11m111111111~ IIII~III~IIUIII~II~IIIII Applicant: IN-N-OUT BURGER Description Amount CUP9201X2 1,149.50 5950 AVENIDA ENCINAS CBAD Receipt Number: R0089826 Transaction ID: R0089826 Transaction Date: 06/01/2012 Pay Type Method Description Amount Payment Check 1,149.50 Transaction Amount: 1,149.50 Cit} .f Carlsbad Faraday Center Faraday Cashiering 001 1215301-2 06/01/2012 98 Fri, Jun 01, 2012 03:33PM Receipt Ref Nbr: R1215301-2/0036 PERMITS ~ PERMITS Tran Ref Nbr: 121530102 0036 0036 Trans/Rcpt#: R0089826 SET #: CUP9201X2 Amount: Item Subtota 1 : Item Tot a 1: IiEM(S) TOTAL: Check (Chk# 010145) Total Received: Ha ,r, a nice day! 1@ $1,149.50 $1 '149.50 $1,149.50 $1 '149 .50 $1 '149 .50 $1 '149. 50 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Receipt Applicant: VILLANUEVA RAYMUND Description Amount 8611 06/05/02 0002 01 02 CUP9201Xl 595.00 Not valid unless validated by Cash Register PLEASE RETAIN RECEIPT FOR REFUNDS OR ADJUSTMENTS Receipt Number: R0027709 Transaction Date: 06/05/2002 Pay Type Method Description Amount r'.':yment Check 3766 595.00 Transaction Amount: 595.00 CGP 595.00 ---------~------------------------------------- CITY OF CARLSBAD LAND USE REVIEW APPLICATION • 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPARTMENT (FOR DEPARTMENT USE ONLY) USE ONLY) 0 Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit 0 Administrative Variance D Planning Commission Determination 0 Coastal Development Permit D Precise Development Plan EJ Conditional Use Permit 'C-UP 9~-DI~ 1J Redevelopment Permit Renewal of CUP 0 Condominium Permit D Site Development Plan 0 Environmental Impact D Special Use Permit Assessment 0 ....---; General Plan Amendment u Specific Plan D Hillside Development Permit D +eRtati•.•e PaFsel Ma13 Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map 0 Master Plan D Variance 0 Non-Residential Planned D Zone Change Development 0 Planned Development Permit D List other applications not specified 2) ASSESSOR PARCEL NO(S).: ~2~l~o~-~17~0~-~lu7~-~a~a~~~~~~~~~~~~~~~~~~~~~ 3) PROJECT NAME: ___:I:..!::N!--..!::!N'---~O~UT~B~U=!.!R~G~E~R......__~~~~---------------- 4) BRIEF DESCRIPTION OF PROJECT: EXISTING IN-N-OUT BURGER RESTAURANT WITH DRIVE-THRU 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) IN-N-OUT BURGER Raymund D. Villanueva MAILING ADDRESS MAILING ADDRESS 13502 Hamburger lane 13502 Hamburger Lane CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE Baldwin Park, CA 91706 626/813-8200 Baldwin Park, CA 91706 626/813-8278 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE SIGNATURE DATE 7) BRIEF LEGAL DESCRIPTION Dev '110f/ NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00P.M. Form 16 8) LOCATION OF PROJECT: e STREET ADDRESS ON THE EAST SIDE OF AVENIDA ENCINAS (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN PALOMAR AIRPORT RD. AND CANNON RD. (NAME OF STREET) (NAME OF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE N/A 1 0) PROPOSED NUMBER OF LOTS 011) NUMBER OF EXISTING Q12) PROPOSED NUMBER OF CJ RESIDENTIAL UNITS RESIDENTIAL UNITS 13) TYPE OF SUBDIVISION G:J 14) PROPOSED IND OFFICE/ [::]15) PROPOSED COMM w D SQUARE FOOTAGE A SQUARE FOOTAGE 16) PERCENT AGE OF PROPOSED ~17) PROPOSED INCREASE IN~ 18) PROPOSED SEWER [:J PROJECT IN OPEN SPACE A ADT 0 USAGE IN EDU 19) GROSS SITE ACREAGE [;J 20) EXISTING GENERAL ~21) PROPOSED GENERAL w 30,001 SF a PLAN A PLAN DESIGNATION 22) EXISTING ZONING c:J23) PROPOSED ZONING Q TS, CTQ PM/PI A 24) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO I T AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT T NT FOR THIS PURPOSE ~ ~jot~/oz_ FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE FEE REQUIRED DATE STAMP APPLICATION RECEIVED RECEIVED BY: TOTAL FEE REQUIRED DATE FEE PAID RECEIPT NO. Form 16 e e City of Carlsbad IRF''''''I'·'•*4·L'I''·'41'' 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 ;ndividual, firm, co-partnership, joint venture. association, 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. 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, title, addresses of all individuals owning more than 1 Oo/o of the shares. IF NO INDIVIDUALS OWN MORE THAN 1 Oo/o 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 1 Oo/o of the shares. IF NO INDIVIDUALS OWN MORE THAN 1 Oo/o 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-OTIT BURGERS, 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 (i) 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 __________________ __ Title Title ------------------------------------------------------ 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 (12) months? DYes b) No If yes, please indicate person(s): ___________________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and corre the best of my knowledge. ~ichard C. Boyd, V.P. of Real Estate Print or type name of owner & Development Raymund v; 1 1 a:r:weva, Director of Development Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 13502 Hamburger Lane Baldwin Park, California 91706-5885 (626) 813-8200 IN·N·OUT Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 June 4, 2002 RE: CUP 92-01 -Palomar Place IN-N-OUT Burger Restaurant 5990 Avenida Encinas Dear Mr. Sexton: ®" BURGER The Best Enterprise Is A Free EnterpriseTM We would like to respectfully request for the renewal of our Conditional Use Permit which is due to expire after 10 years of its approval. To the best of my knowledge, we have justified the findings #1 to 4 of the Planning Resolution No. 3393 in the nine years that we have been in operation. We have also met and complied with its conditions of approval. The IN-N-OUT Burger restaurant at this location has been successful in providing service to the community and the traveling public. We are more than committed to continue to provide the highest quality service to the community forever. We are hoping to get the City's favorable consideration on this request. Thank you very much. Cc: File "God Bless America" • The Customer Is Everything To Us IN-N-OUT BURGER CONFIDENTIAL LETTER TO: FROM: Chris Sexton Kelly Crosby COMPANY: DATE: CITY OF CARLSBAD-PLANNING DEPARTMENT PHONE: (760) 602-4623 RE: In-N-Out Burger 5990 A venida Encinas Carlsbad, CA cc: ftle 0 URGENT 0 FOR REVIEW NOTES/COMMENTS: Chris: 6/4/2002 PAGES INCLUDING COVER: 8 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE Here are the required items for the extension of CUP 92-01-Palomar Place. Kindly return receipt of transaction for our records. If you have any questions, please call Raymund or myself at (626) 813-8278. Thank you, Kelly 13502 HAMBURGER LANE BALDWIN PARK, CA 91706 REAL ESTATE & DEVELOPMENT PHONE 626.813.8263 FAX 626.338.9173 • CITI' OF CAR.l.SBAD tJ\NO US£ REVtEW APPUCATION • FOR PAGE l OF 2 1) APPLICATIONS APPUED FOR: (CHECK BOXES) ,_ i ...... ' ,- i ~aster Plan Specific ?!an ?~ec:se Develop~el".t ?!an ?!aMed Deveiopment ?em'jt (FOROEPT USE OI'<"LY1 R 0 General Plan Amendment CJ Local Coastal ?!an .l..mendrnenr I I ,3" Sit< oov,lopm•nt Phtn j J :: Zone Change I I ~ c~nditional l:se ?e:mlt -=·~R. :~r ._.SE :s::~ 6'3-/;(o ·X Son-Residential P!aMed ;)evelopmenr I q~-':o I>(._ Hillside Development Permit llJ I_ '. C~ndominium Permit Spec:al l:se Permit 0 Envtronmenral tmpacr Assessment 0 Variance 'i..,..j O Redevelopment Permit 0 Planned Cndustrial Permit !%'Tentative Parcel Map 0 Coastal Development Permit I 0 Planning Commission Determination I O .-'.drrunisrrative Variance 0 list any orher applications not specific:ed. I Zl LOCATIO!'~ OF PROJECi: ON THE lEast SIDE OF lAvenida Encinas (NORTH. SOL"'Ti-1 E.~. wtsn (NAME OF STR£ETI I Cannon Road I AND ..-! P_a_l_o_m_a_r_A_i_r_p_o_r_t_R~4. \NAME OF STR.E.En lNAME OF snEEn I I 3l BRlEF LEGAL DESCRlP110N: Parcels 1 & 2 of Map Map il4014 4) ASSESSOR PARCEL NO(S}. ~10-170-6,7,8,9,10,11.12.13 5} LOCAL FAOUT!ES MANAGEMENT ZONE Sl E.XISTING ZONING 11) PROPOSED NUMBEI\ OF RESIDENTIAL UNrTS 3 I 6) EXISTING GENERAL p~ ~..-,.;.. _ ___,DESIGNATION jCTQ/P~ 9) PROPOSED ZONING r-:::lt2) PROPOSED NUMBEI\ ~OFLOTS 14) NUMBER OF EXISTING R.£SIOEN'IW.. UNITS N/A ...._...:....---~ I TS/Prln PROPOsED GENERAL Pt.&.N ~ DESIGNATION lH,LlL_! Ito> GR.oss SITE ACIU:AGE IN/A 113) 'ME OF SUBDMSION r-: ~ 8 lots existing (RESIDENTIAL COMMERCIAL INDl:ST!UALl lS) PROPOSED INDUSTIUAL I N /2\ 116) PROPOSED COMMEI\CIAL OFFtCEISQUARI FOOTAGE:to, 600 S~...-.ur.."'"f~t-.-e-x-i~sf&.UARI FOOTAGE 145,450 as approved 42,J4o this pro- -102,110 net change I'IO'n: A PIUJI'IOI!iiD PltOJICf ~'tHAT ••1:TIIIQ ~ R fiLID WBr. 5l.ai I lUI JltUCI. TO 3:30 PX A PIUJIIOII!D ~OJ!CT 1U!QtD1NG ~ QtU' QIC MtUCo\110N. J11L1D .usr IE 5t...nm ..... TO 4a P.M. FllM00016 at90 • CI'TY OF CARLSBAD • !.AND L:SE R£'/tEW APPUC.~nON FORM 17) PERCENTAGE OF PROPOSED PROJEcr IN OPEN SPACE ! :9) PROPOSED 1:"-:CR.E...~E ::-1 :".VER.'..GE DAILY TRAFFIC I I 0% AS APPROVED INw--194 ~6TAL PROJECT S PROP SED -98 E.D.U. of PRPOS ADDITION--60 ADT as approveq in 19&4 ----8,027 ADT as prposedl------4------7,247 ADT for proposed changes ----3,500 ; :01 ?R.OJEC :'-:.l..\t£: I Palomar Place I I i 21) BRIEF DESCRIPT!ON OF PROJEcr: Amendment to SDP-83-11 -change site uses i from Dinner Theater and Hotel to three restaurant users. One I restaurant will have a drive-thru facility. 22) l:-1 TiiE PROCESS OF REVIEWING TI-HS APPI.ICAnON IT MAY BE NECESSARY FOR ~EMBERS OF CITY SiAfF. PL'.NNING COMMISSIONERS. DESIGN REVlEW JOA.RD MEMBERS. OR CITY COCNCII. MEMBERS TO INSPECT .•.NO ;~~~S~E PR.OP[f.rz;/~E St.:BJ~ OF nilS APPUCAnON. 1/WE CONSENT TO ENiRY FOR THIS SIGNATi..'R.E 23\ OWNER. NAME (PRINT OR TYPE) Palomar & Co. M.'.!UNG ADDRESS 5850 Avenida Encinas Ste. A CliY .".."10 STATE ZIP Carlsbad CA 92008 I CERnFY THAT I AM ntE t.EGALOWND AND THAT AIJ. ntE AJIOV'£ INFO~nON IS TRUE AND CCIUU:cr TO ntl IUT OF \4Y IOIOWUX)GL OAT! 24) .~PUCANT NAME (PRINT OR. TYPE) Russell W. Gr MA!UNG ADDRESS 5850 Avenida Encinas, Ste. A TELEPHONE CITY AND STATE ZIP Carlsbad, CA 92008 I CEP.nFY ntAT I AM THE ~AL OWND'a RUWE.'I"t'.~n'w't .~-.o ntAT AU. THE AIOYt INFO~ nON IS TRUE AND CCR.UCT TO THE SE.ST Of MY JaiOWt..£%XiL DATE .....•.•.••.•....•..•••....•.....•..•................................•.......•..•.•............. ········ FOR C!TI t:SE ONLY FEE COMPL'TATION: APPUCATION 'TYP! C vf__ 9 2-I Y6'\-lv~ C(z..-'1 t--'1 5 -fl-'1 TOTAL ru R.£QUIR£0 DATE FE£ PAID F££ REQUIRED -z I u cJ oCI '-(20 00 ~ J 5 <?u ClC. ....---- '-{ /(J {) 3-)-fL RECEIVED MAR 0 5 f992 CITY OF CARLSBAD p • DATE STAMP APPUCAnON R£CEMD R£CElVW BY: RECEIPT NO. • • PROJECT DESCRIPTION/EXPLANATION Palomar Place was originally approved by the City Council in 1984. The site plan at that time included a fast-food restaurant (McDonald's), a quality restaurant (Marie Callender's), a 150 room hotel, a 450 seat dinner theater, with the existing 10,600 square foot office building. Since then, McDonald's and Marie Callender's opened for business, but the hotel and dinner theater were never constructed. This application is a request for an amendment to the original Site Development Plan (SOP 83-11), substituting three restaurants for the Hotel and Dinner Theater uses: a 2, 640 square foot fast food restaurant with a drive through facility, a 10,500 square foot quality restaurant, and a 6,000 square foot quality restaurant. This proposed change constitutes a reduction of 103,110 square feet of building area when compared to the approved Site Development Plan (SOP 83-11). The resulting "Restaurant Row" development concept complies with the C-T-Q (Tourist Serving Commercial) zoning while providing dining choices in one location for citizens and visitors in Carlsbad. This proposed change constitutes a reduction of 95 Equivalent Dwelling Units (EDU' s) of generated sewer, in comparison to the originally approved site Development Plan (SOP 83-11). This proposed change to a "Restaurant Row" concept constitutes a reduction of 780 average daily trips (ADT's), ·when compared to the approved Hotel and Dinner Theater Site Development Plan. This location on Interstate-S and Palomar Airport Road is ideally suited for a grouping of restaurants. The drive-through facility for the proposed fa-st food restaurant is designed to enhance on-site circulation. While reducing the demand for parking, the drive-through has been designed to accommodate a stacking of five (5) cars behind the menu/order board. The Traffic Consultant's review confirms the suitability of this facility as it relates to internal circulation. After 5: oo PM on Mondays _through Fridays and all day on weekends, unused parking at the existing office building will provide parking spaces for the restaurants. The major portion of the restaurants' business occurs AFTER 5:00 PM. Therefore the joint use parking, as shown on the Site Development Plan, will more than meet the parking requirements for the proposed uses. • • Page 2 This application is consistent with all except one of the conditions in the Resolutions of Approval adopted in 1984. The conditions did not allow a drive-through facility. We are now requesting that a drive-through be approved. It is felt that the drive through in this instance is an asset to the site. Based on analysis of internal circulation, by a registered traffic engineer, the proposed drive-through facility will function well with the remainder of the site. The Site Development Plan as originally approved created more impact on the community facilities within Zone 3 than this project as it is now proposed. The uses now requested are in compliance with the Zoning and General Plan designations for the property. The completed development will be a positive addition to the community. • • r~ t CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 438-5621 ' _! REC'DFROM ___ ~,--,=·~~~~~~-----=------------------DATE __ ~-_)~L)~,(~,J-~-·_:'~~/-~---Yc:,._.\_( . , y . a....{:. -+ c_o -~ ·-~ ACCOUNT NO. DESCRIPTION AMOUNT /• ('' (i L)P 0CJ --I ' I I ·.__ .. / '--'--*-· 0 /(;/; I -l -I ?.[-· ·P u ,? -' (I -C]c) f_j _L ·=-" -._ /-)r ·~ I -·---· ¥. ' ' " I "-~ ... _ ~~ -I / ' i/. ~-. SJ,y" / .. ·'" .' / I ---L -~ ~-I -~ 1:' ( '· : ( _.,_ _..:;, ~-· I - 0 1 ~r_f/ JrVJf7~ VVVJ. V.L v~ I lASCJy!__ , C-PRMT 41f'O·OO ~ ~ I I I I I I I I I I I I 11515 .. -it':?C) I REC£1PT NO. TOTAL. I -... I '=-·~ ; • • City of Carlsbad -------~'----~-Q6ieleilef•i•l§.fJ,j,[§,Ji DISCLOSt:RE STATEMENT .l..:li:t~IC.lllliS S":".a.7S~EP..i OF :1SC~:lSUI=IE OF CERTAIN OWNERSHIP INTEFIESTS ON AU. Ai'Pue.lnONS 'NHICH ~'U. :;:~~o..;:: :.sc;::;Ei'iON.lriY ACTICN ::N ":"io.E i'Nff' OF TlotE C:TY COUNC:I.. OR ANY APPOINTEe BOARO. COMMISSION OF' :CMMI'r.'i! :Please Prmt) The following information must be disclosed: 1 . Applicant Ust the names and addresses of all persons having a financial interest in the application. RUSSELL W. GROSSE DEV. CO., INC. . -------------------5850 AVENIOA ENCINAS, STE A CASLSBAQ CA 92008 2. Owner Ust the names and addresses of all persons having any ownership interest in the property involved. PALOMAR & CO, 5850 AVENIDA ENCINAS CARLSBAD CA 92008 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership. list the names c- addresses of all individuals owning more than 10% of the shares in the corporation or owning any partr.ers:- interest in the partnership. RUSSELL w. .GROSSE & MARY E I GROSSE 5850 AVENIDA ENCINAS, STE A CeRISB~D CD 9~0QS 4. If any person identified pursuant to (1) or (2) above is a non-profit organization or a trust, list the names ar addresses of any person serving as officer or director of the non·profit organization or as trustee or benefic12 of the trust WILLIAM DEALY & RUTH DEALY 1282 CREST DRIVE ENCINITAS CA 92024 FRM00013 8190 2075 Las Palmas Or•ve • Carlsbad, California 92009-4859 • (619) 438·1161 • • Jisclosure Statement Page 2 5. Have you had more than 5250 worth of business transacted with any member of City staff. :-:a::; Commissions, Committees and Council within the past twelve months? Yes _No _.x_ If yes. please indicate person{s) ____________________ _ Cle~on •• a eli ned u: •~<.nyondN•dual. firm. c:oaattnersnia. JO•nt venture. uaociation. social c:lub. fraternal or;anozauon. c:or::~oratlon n:ate :r .s: ;;;;;;,_ syndicate. tl'loa anc any otner c:ounry. C:tfo/ anc c:ounry. c:rry munoc:opaltry. doatnct or otl'ler political suD<Sovoaoon. or any otr•er ;ro~oc :r comconauon ac:tang u a unit. • (NOTE: Attach additional pages as necessary.) 9~'1'6 s#.tur~at~ f<. # L----::::!'c:s:: ======--- Signature of applicantJcate PAI,OMAR & co RIISSEI.I w GROSSE DEV CO INC. Print or type name of applicant ' Print or type name of owner Signature of Owner/date FRM00013 8/90 • ADDENDUM NUMBER ONE TO GROUND LEASE • THIS ADDENDUM NUMBER ONE TO GROUND LEASE is executed this 9th day of January 1985, by and between VOGEL-BELJEAN TRUST, hereinafter called "Lessor" and the MC DONALD'S CORPORATION, dba Delaware McDonald's Corporation, a Delaware Corporation, hereinafter called "Lessee". W I T N E S S E T H: Whereas, the parties heretofore have executed a Ground Lease dated the 11th day of April, 1984, for the premises commonly known as 5990 Avenfda Encinas, Carlsbad, California, and Whereas the parties desire to amend such Lease Agreement: NOW, THEREFORE, the parties hereto agree as follows: 1. The rental amount set forth in Subparagraphs A, B, C & D of Article 3 shall be reduced to an amount determined by multiplying 70% times the amounts set forth in such subparagraphs. 2. Lessor and Lessee acknowledge that the site development plan as presently approved by the City of Carlsbad and the California Coastal Commission will not allow the development of a drive-through facility or the use of a free- standing, freeway-oriented sign. In consideration of the reduced rent set forth in Paragraph 1 above and the other terms and conditions set forth in this Addendum Number One, Lessee agrees to accept the demised premises with such restrictions. 3. Lessor agrees that Lessee may apply for a conditional use permit to the site plan and an amendment to the site plan with the City of Carlsbad and the California Coastal Commission to allow the use of a drive-through facility at Lessee's sole cost and expense. Lessor agrees to cooperate fully now and at any time in the future with Lessee and agrees to execute all documents as may be reasonably required to complete such applications and to obtain such approvals. 4. All provisions contained in Article 5, Subparagraph G relating to a drive-through facility and/or a free-standing sign are deleted except in the context of this Addendum. In addition to the Exhibit C which shall depict the restaurant facility without a drive-through facility, there shall be attached to this Addendum Number One an Exhibit C-1 which shall depict the restaurant facility with a drive-through. 1 5. Lessee agrees to process through the Building Department, the Coastal Commission and the Planning Department of the City of Carlsbad plans and specifications for a McDonald's restaurant facility concurrently with their application for an amendment to the site plan and for a conditional use permit. It is the intent of the parties that should Lessee be unsuccessful in obtaining the conditional use permit and site plan amendment allowing the development of the drive-through facility that, in any event, Lessee would construct its McDonald's restaurant in accordance with Article 5-G as amended by this Addendum and that the application for the conditional use permit and amendment to site plan would not delay the processing of the plans and specifications for the McDonald's facility without a drive-through facility. .. •. ~--•• • IM•Htts~:·s .. •=c•••ful at' any ttM dur1 ng the tam of tht s Lease or . n obtatntng pemtts to construct a drive-through , Paragrafh 1 of thfs Addendum shall be null and void and the rent as orfgtne 11 tchtdu ed shall commence on the next rental payment date. 1 1'1 ~I I : ' : . ' 1 IN WITNESS WHEREOF, the parties hereto have executed this Addendum Number One on the day and year set forth above. LESSOR: LESSEE: VOGEL-BELJEAN TRUST McDonald's Corporation dba Delaware McDonald's Corporation by:.~J&~, ~aul Eth: Sr., rtiStee .. k NOTICE OF ExtMPTION To: County Clerk County of San Diego Mailstop 833, Attn: Wendy PO Box 121750 San Diego CA 92112-1750 From: CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad CA 92008 (760) 602-4600 Subject: Filing of this Notice of Exemption is in compliance with Section 21152b of the Public Resources Code (California Environmental Quality Act). Project Title: CUP 92-01xl-Palomar Place-In-N-Out Drive Thru Project Location-Specific:-=5...:;.9.::...9.:::..0-=-A=v-=e=n=id=a-=E=n=c=in=a=s ________________ _ Project Location -City:_C=ar=ls=b=a=d ___ _ Project Location -County: San Diego Description of Project: Ten year extension to the Conditional Use Permit to allow the continued operation of a drive thru restaurant. Name of Public Agency Approving Project:_C=ity.;.....;:.o.:;...f..:::C=ar=l""'-'sb=a::.:::d,___ ___________ _ Name of Person or Agency Carrying Out Project:....:::In=-....:.N...:...--==0'-"u=t-=B=u:.:.<rg=:o..:e=r.:::...s ---------- Name of Applicant: In-N-Out Burgers Applicant's Address: 13502 Hamburger Way, Baldwin Park, CA 91706 Applicant's Telephone Number:~6==.26~-..::::8~13:::...-..::::8==.27..!..:8::__ _______________ _ Exempt Status: (Check One) D Ministerial (Section 21080(b)(1); 15268); D D ~ Declared Emergency (Section 21080(b)(3); 15269(a)); Emergency Project (Section 21080(b)(4); 15269 (b)(c)); Categorical Exemption -State type and section number:....!.1'-"'5c.::::3~0""'-1 _________ _ D Statutory Exemptions-State code number: ________________ _ Reasons why project is exempt: Continuation of existing facilities Lead Agency Contact Person: Michael Grim Telephone: (760) 602-4623 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Date ~ Signed by Lead Agency 0 Signed by Applicant Revised December 2001 e Cit of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, August 7, 2002, to consider a 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 and more particularly described as: Parcel A of Parcel Map No. 16972, filed in the Office of the County Recorder on October 7, 1992, in the City of Carlsbad, County of San Diego, State of California. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after August 1, 2002. If you have any questions, please call Mike Grim in the Planning Department ~t (760) 602-4623. If you challenge the extension of a Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: CASE NAME: PUBLISH: CUP 92-01x1 PALOMAR PLACE-IN-N-OUT DRIVE THRU JULY 25, 2002 CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) PALOMAR PLACE - IN-N-OUT DRIVE THRU CUP 92-01x1 .. • • CASE NO. DATE: ENVIRONMENTAl IMPACT ASSESSMENT FORM -PART I (To be Completed by APPLICANT) App 1 i cant: RUSSELL W. GROSSE DEV. CO. , INC. Address of Applicant: 5850 AVENIDA ENCINAS, SUITE A CARLSBAD. CA 92008 Phone Number: ( 619) 438-3141 Name, address and phone number of person to be contacted (if other than Applicant): ..:.·N~A5A-------------------------- GENERAl INFORMATION: (Please be specific) Project Description: 2,640 SQUARE FOOT FAST FOOD RESTAURANT WITH DRIVE- THROUGH, 10,500 SQUARE FOOT QIIAT.ITY RESTAURANT, AND 6,000 SQO.ARE FOOT SIT-DOWN RESTAURANT Project Location/Address: NORTHEAST coRNER OF IblTli:RSli:CTION OF PAT.OMAR AIRPORT ROAD AND AVENLDa.A-.c.E.I)I.N._C.&.-INw..A~S------------ Assessor Parcel Number: 210 -170 -06 through 13 General Plan/Zone of Subject Property: T.S., C-T-Q and/PM, PI Local Facilities Management Zone:~---------------- Is the site within Carlsbad's Coastal Zone? ----lY~E~s~---------- Please describe the area surrounding the site to the North: INDUSTRIAL/OFFICE South: INDUSTRIAL East: 1-5, PEA SOUP ANDERSONS - CAR COUNTRY West: INDUSTRIAL/OFFICE List all other applicable permits & approvals related to this project: SDP-83-11 2 •·, - .. (Please be Soecific~ttach Additional Pages or Ex~ts, if necessary} 1. Please describe the project site, including distinguishing natural and J. manmade characteristics. Also provide precise slope analysis when a slope of 15' or higher and 15% grade or greater is present on the site. THE SITE IS VACANT. IT HAS BEEN GRADED FLAT THROUGHOUT 2. Please describe energy conservation measures incorporated into the design and/or operation of the project. N/A 3. PLEASE ATTACH A PROJECT SUMMARY SHEET WHICH SHOWS THE FOLLOWING: a. If a residential project identify the number of units, type of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected, average daily traffic generation (latest SANDAG rates). b. If a commercial project, indicate the exact type, activity(ies), square footage of sales area, average daily traffic generation (latest SANDAG rates), parking provided, and loading facilities. Existing commercial complex ~th 2 restaurants and 1 office building. Site Development Plan Amendment to add three restaurants. Total gross leasable area will be 42,340 s.f., with total 452 parking spaces generating 4398 additional daily trips. Designated loading areas provided for each new restaurant building. c. If an industrial project, indicate the exact type or industry(ies), average daily traffic generation (1 a test SANDAG rates), estimated employment per shift, time of shifts, and loading facilities. d. If an institutional project, indicate the major project/site function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. 3 l I .. I. .. 1) 2) 3) 4) • • ENVIRONMENTAL IMPACT ANALYSIS Please Answer each of the following questions by placing a check in the appropriate space. Then, fully discuss and explain why each item was checked yes or no. Provide supporting data if applicable. Attach additional sheets as necessary . Could the project significantly impact or change present or future land uses in the vicinity of the activity? EXPLANATION: THE AREA IS ALREADY DEVELOPED Could the activity affect the use of a recreational area, or area of aesthetic value? EXPLANATION: PROJECT IS NOT LOCATED NEAR ANY RECREATIONAL AREAS. Could the activity affect the functioning of an established community or neighborhood? EXPLANATION: _ _.P .... Rl!JoO'-IoJ~.o~oE.uC....,.T"----~I..,..SL.....Io:N~OuT._.j,L.u.Ou.C,..;;;AuT,.Eu..D~Nu.;E.cAR'-'lo...- A COMMUNITY OR NEIGHBORHOOD Could the activity result in the displacement of community residents? EXPLANATION: PROJECT IS NOT I.OCATEO NEAR ANY RESIDENTIAI. AREAS __________________ _ 4 YES X X X X ----------------------- 5) 6) 7) 8) 9) • • Could the activity increase the number of low and moderate cost housing units in the city? EXPLANATION: THIS IS A COMMERCIA!. PRO.JECT Could the activity significantly affect existing housing or create a demand for additional housing? EXP~ATION: THE PROJECT WILL CREATE SOME JOBS, BUT IT WILL NOT SIGNIFICANTLY AFFECT THE DEMAND FOR HOUSING. Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? EXPLANATION: THE PROJECT SITE HAS BEEN GRADED FLAT AND IS NO LONGER IN ITS NATURAL STATE. Could the activity significantly affect an historical or archaeological site or its settings? EXPLANATION: THE PROJECT SITE HAS BEEN GRADED FLAT. Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? EXP~ATION: NO SUCH RESOURCE IS EXISTING ON THE SITE. 5 X X X X X • 10) Could the activity significantly affect fish, wildlife or plant resources? • EXPlANATION: THE P&OJECT SITE Hr.S NO SUCH RESOU&CI!: 11) Are there any rare or endangered plant or animal species in the activity area? EXPLANATION: --=T:.::B:.:E:_:.:AR:.:::EA::,:_:..:AR::.:O.:::.U:::.;N:!;D=-....;T:..:B::::E=-=S~I=-=T:.::E::...-::I:.::S:...._ DEVELOPED 12) Could the activity change existing features of any of the city's stream, lagoons, bays, tidelands or beaches? EXPLANATION: _....r.T..J.Hu.EL...J:ARlo.Do.IE.:..cA:l......-'A:l.IR~O.LII.uiN.:uD"-L-T.L.JHwEu.........S.:LT.l..T.l..E!;;&_..LT ,;;;),s_ DEVELOPED AND NO SUCH CHARACTERISTICS EXIST ON THE SITE 13) Could the activity result in the erosion or elimin-· ation of agricultural lands? EXPLANATION: THE AREA ARQIIND THE SITE IS DEVET.OPED AND NO SITCH CHARACTERISTICS EXIST ON THE SITE 14) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? EXPLANATION: _T_H_E_AR_EA __ AR_O_U_N_D_T_H_E_S_I_T_E_IS __ PRESENTLY DEVELOPED. 6 X X X X X .. • • 15) Will the activity require a variance from estab- lished environmental standards {air, water, noise, etc.)? EXP~TION: NO SUCH VARIANCE WILL BE REQUESTED OR REQUIRED 16) Is the activity carried out as part of a larger project or series of projects? EXPLANATION: THIS PROJECT IS AN EXTENSION OF A DEVELOPMENT WHICH STARTED IN 1984 I 17) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or federal environmental control agency? x EXPLANATION: BTITT.DING PERMITS WTT.T. BE REQUIRED TO COMPT.ETE THE PRO.IECT 18) Will the activity require issuance of a variance or conditional use permit by the City? x EXPLANATION: l\ CONDITIONAL USE PERMIT WILL BE REQUIRED BY Tll"E: CITY Oll C~.LSB.A.D i'OR 'l'HE DRIVE- THROUGH FACiliTY 19) Will the activity involve the application, use, or disposal of potentially hazardous materials? EXPLANATION: NO HAZARDOUS WASTE WILL BE GENERATED BY THE PROJECT. 7 X X X .. 20) • • Will the activity involve construction of facilities in a flood plain? EXP~TION: NO SUCH FLOOD PLAIN EXISTS ON THE SITE .. 21) Will the activity involve construction of facilities in the area of an active fault? EXPLANATION: NO ACTIVE FAULTS LIE WITHIN THE AREA OF THE SITE 22) Could the activity result in the generation of significant amounts of dust? EXPLANATION: THE SITE IS SMALL AND GRADING IS MINIMAL. 23) Will the activity involve the burning of brush, trees, or other materials? EXPLANATION: NO BURNING WIT.!. TAKE PT.ACE ON THE PROJECT SITE 24) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground water, off-shore.) EXP~TION: THE PROJECT WTI.T GENERATE ~0 WASTES THAT WILL ABBECT THESE RESOURCES. 8 NO X X X X X • .lli 25) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? EXP~TION: THE PROJECT IS A STANDARD COMMERCIAL ENTERPRISE 26) Will the activity involve construction of facilities on a slope of 25 percent or greater? EXPLANATION: THE PROJECT SITE IS FLAT AND WILL REMAIN IN THAT CONDITION 27) Will there be a significant change to existing 1 and form? (a) Indicate estimated grading to be done in cubic yards: __ 7_,ooo . (b) Percentage of alteration to the present 1 and form: ~ . (c) Maximum height of cut or fill slopes: 3 feet EXPLANATION: 1 1 000 CUBIC Yl.\RDS OF FIIL"WII.T, BE PLACED ON THE SITE TO ENABIE THE SITE TO DRAIN PROPERLY. 28) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? EXP~TION: US:ES PROPOS:ED .AR:E R:ES'l'AURA~TS 9 X X X --X- • 29) Will the project significantly increase wind or water erosion of soils? EXPLANATION: THE SITE WILL BE EITHER PAVED OR LANDSCAPED 30) Could the project significantly affect existing fish or wildlife habitat? • EXPLANATION: --'N=O=-....;S::;;..U-...C=H:;:.....;:R=E=S:..;:O;..;:U=R=C=E""-=E=X=I=S=T=S--- ON OR NEAR THE SITE. 31) Will the project significantly produce new light or glare? EXPLANATION: _T_H_E_S_I_T_E_L_I_G_H_T_I_N_G_W_I_LL ___ _ BE DESIGNED TO PREVENT THIS. 10 X X X .,. .. ... II. •• • STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to any of the questions in Section I but think the activity will have no significant environmental effects, indicate your reasons below: A CONDITIONAL USE PERMIT WILL BE REQUIRED FOR THE FAST .. FOOD DRIVE-=-THRqUGH, AND BUILDING PERMITS WILL BE REQUIRED TO CONSTRUCT .THE PROJECT. THE ITEMS REPRESENT NO SIGNIFI- CANT ENVIRONMENTAL EFFECTS. III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) j/;;/~ ,nc ;)Y' ...J-Ct?~ Signature ,LS)"";g~Zfm{Ctr!'f.po.;g.z~ C-c? Date Signed ___.:f'tu..s.:'1tt~r;...:c::...:6~-=5~1 ....... J~qL..q.L...6::2..:.--___________ _ 11 t • DECEMBER 7, 1993 TO: FROM: VIA: CITY MANAGER Assistant Planner Planning Director ~ CLAIM JUMPER RESTAURANT LANDSCAPING • ··- As stated in the attached correspondences, the replanting on the east side of the Claim Jumper intended to replace previously existing mature trees has been completed. Once mature, the trees should offer the same or better aesthetic freeway views and be consistent with the approved Site Development Plan. The matter of conformance with the approved discretionary permits has been resolved. Please feel free to contact me at extension 4499 should you have any questions. Thank you. /l£4!:L MICHAEL GJ\rM/ Attachments c: Assistant Planning Director Senior Planner MG:vd SDP8311D.cmm From the O~~ce of THE CITY MANAGER • -'· Data iJ.j 1/CJ 3 To n~J~(~~ ~ 0 Note and Return D D Please Handle for Me Give Recommendation ~Investigate and Report 0 Please See Me 0 For Your Information 0 Respond Directly/Send Me Copy 0 Prepare Reply for City Manager's Signature 0 Prepare Reply thru City Manager for Submission to Council 0 For Your Approval D Complete By ___ _ • RUSSELL I GROSSE DEVELOPME'T co., INC . 5850 Avenida Encinas, Suite A • Carlsbad, California 92008 • Mr. Ray Patchett City Manager City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-1576 November 19, 1993 Re: Claim Jumper Restaurant Palomar Place Dear Ray: Phone 61 9/438-3141 • FAX 619/438-7615 Enclosed for your information please find a copy of a letter I received from Doug Parsons, Director of Construction for Claim Jumper, and the proposal submitted by him to Mike Grim of the City. This should resolve the issue with respect to additional landscaping at the Claim Jumper. If this matter is not resolved as far as the City is concerned, please let me know. JEB/nr Encl. nr\1000~tchett.N19 Very truly yours, ~ JAMES E. BETZ President Contractors License No. 3 78383 • November 1 5, 1993 Mr. James Betz Russell W. Grosse Development Co. 5850 Avenida Encinas, Suite A Carlsbad, CA 92008 RE: Claim Jumper I Palomar Place Dear Jim, All additional landscaping requested by the City of Carlsbad and agr~ed up.on by Claim Jumper Restaurants was completed in early September. I have attached a copy of the proposal submitted to Mr. Mike Grim of the City of Carlsbad. Mr. Grim agreed to the scope of work indicated in this letter and it has been completed as promised. S?Jiy, 0 ~c7(/'~ Doug Parsen Director of Construction DP/kc cc: Craig Nickoloff William Hustedt 16721 MILLIKAN AVENUE • IRVINE, CA 92714-9942 (714) 756-9001 • FAX (714) 756-8733 • THE KEITH COMPANIES July 13, 1993 Mr. Mike Grim City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-157 6 Subj: Claim Jumper Restaurant -Palomar Place Required Landscape Treaaneru Dear Mr. Grim, On behalf of the Claim Jumper Restaurants, The Keith Companies (project landscape architects) are forwarding to you for your approval, the requested replanting/screening plan for the east elevation of the subject restaurant. The enclosed plans, as highlighted, indicate the proposed locations of 3-36" box Liquidambar scyraciflua's and 7-15 gallon Xylosma congestum shrubs. The specimen tree locations may require field adjusnnents due to the irrigation mainlines located within the eastern portion of the site. Pursuant to your recent conversations with Doug Parsen with Claim Jumper Restaurants and the design criteria forwarded to me, we sincerely hope the proposed replanting of the above material meets with the conformance of the existing approvals as adopted by the City. The implementation schedule for replanting the subject material is during the week of August 9-13, 1993. Because of ongoing construction commitments, this is the earliest possible date. If you require any additional information or have comments pertaining to the plan enclosed, please fell free to contact me at (714) 668-7105. SINCERELY, Kelly Rasmussen, A Director, I andscape Architecture cc Michael J. Holzmiller, City of Carlsbad Planning Director Doug Parsen, Claim Jumper Restaurants Russell W. Grosse Development 2955 Red Hill Avenue. Costa Mesa. CA 92626 171~1 €68-iOOO Ptannmg Engineering- Environmeotal Services Landscaoe Architecture Land Surveying Public WorKs Water Resources I)Jfllt..~b lo /1~/1;).. _J~A_ CITY OF VcARLSBAD • • LJ FILE Planning Division www.carlsbadca.gov NOTICE OF CONDITIONAL USE PERMIT EXTENSION June 11, 2012 IN-N-OUT Burger Attn: Michelle Bennett 13502 Hamburger Lane Baldwin Park, CA 91706 SUBJECT: CUP 92-01X1 -PALOMAR PLACE-IN-N-OUT DRIVE THRU, RESOLUTIONS NO. 3393 AND 5260 This notice is to inform you that CUP 92-01x1 -PALOMAR PLACE -IN-N-OUT DRIVE THRU located at, 5990 Avenida Encinas Carlsbad, and originally conditioned to expire on June 29, 2012 is hereby extended without an expiration date by the City Planner pursuant to Section 21.42.110(D) of the Carlsbad Municipal Code. While your Conditional Use Permit (CUP) no longer has an expiration date, the CUP will continue to be reviewed by the Planning Division on an annual basis to ensure continued compliance with the terms and conditions of the permit. If at any time the division determines that the use may be out of compliance with the terms and conditions of the CUP, it retains the right to review this action and recommend that the approval be reconsidered. Should you have any questions regarding this letter or obtaining a refund for the CUP extension fee, please contact Greg Fisher at (760) 602-4629. DON NEU, AICP City Planner DN:GF:sm c: Chris DeCerbo, Principal Planner File Copy Senior Office Specialist Data Entry/OMS 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® MCUP & WJP ANNUAL REVI¥ SHEET !"!' L~ c··~~·; -IIIII ' ',, ' r ;·,... ~ ~-i i , INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Place IN & OUT CASE NUMBER(S): =C=U-=-P~9=-2-..:::..0l=x=l ________________ _ APPROVING RESO NO(S) . .:::..:52=6..:::..0 _______________ _ PLANNER COMPLETING REVIEW: Dan Halverson ==~~~~---------------------- PROJECT HISTORY Does project have a code complaint history? D Yes [8:1 No If yes, check those that apply and explain below. 0 Code Enforcement D Police D Fire Prevention Comments (include corrective actions taken and date compliance obtained): Q:\.CED\.PLANNING\.ADMIN\. TEMPLATES\.MCUPANNUALREVIEWSHEET 02/11 -REVIEW INFORMATION • Has the permit expired? DYes [8J No Permit expires: 06 L 29 L 2012 Date of review: 06LllL2012 Name: Michelle Bennett [8J Applicant D Owner D Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: Michelle Bennett Phone: 626-813-5375 Contact name (if different): Address: 13502 Hamburger Lane, Baldwin Park, CA 91706 Mailing (if different): same E-mail: none (optional) *CURRENT OWNER INFORMATION: Name: In & Out Burgers Coq~. Phone: 626-813-5375 Contact name (if different): Michelle Bennett Address: 13502 Hamburger Lane, Baldwin Park, CA 91706 Mailing (if different): same E-mail: none (optional) Does project comply with conditions of resolution(s) and approved plans? 0 Yes 0 No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. N/A Corrective action(s) to be taken: N!A Date planner completed follow-up review and confirmed project compliance: a (/1 c,?{l ~ CL tt£k Planner Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. Q:'\CED'\PLANNING'\ADMIN'\ TEMPLATES'\MCUPANNUALREVIEWSHEET 02/11 MCUP & c~ ANNUAL REVI~HEET FILE COPY INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Place IN & OUT CASE NUMBER(S): .::::C~U..:::._P..::..92::::....-.!::.;0l~x:=..l _______________ _ APPROVING RESO NO(S). ~5::::26~0:....__ ______________ _ PLANNER COMPLETING REVIEW: .:::D..:....:A::::....N::....::H=A:....::=LVE..:..=R=S=O=N.:._ _______ _ PROJECT HISTORY Does project have a code complaint history? _ D Yes (8J No If yes, check those that apply and explain below. D Code Enforcement D Police D Fire Prevention Comments (include corrective actions taken and date compliance obtained): H/ ADMJN/TEMPLATE/MCUPANNUALREVIEWSHEET 03/09 • ~VIEW INFORMATION e- Has the permit expired? DYes [gl No Permit expires: 06L29L2012 Date of review: 06L23L11 Name: Josh James [gl Applicant D Owner D Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: IN-N-OUT Burgers1 Inc. Phone: 800-786-1000 Contact name (if different): Josh James Address: 5950 A venida Encinas, Carlsbad1 CA 92008 Mailing (if different): E-mail: (optional) *CURRENT OWNER INFORMATION: Name: Snyder Leasing CLO In-N-Out Burgers Phone: 949-509-6200 Contact name (if different): Kim Kutze-Reg!onal Manager Address: 13502 E. Virg!na Ave.1 Baldwin Park1 CA 91706 Mailing (if different): E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? IZJ Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: Date planner completed follow-up review and confirmed project compliance: (lf/1 Cz ( ~~!tr ~ bP_U Planner Signature Principal Planner Signature *Applicant and owner information must be updated for annual review to be complete. H/ ADMIN/TEMPLATE 03/09 MCUP & CitP ANNUAL REVIEW SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar Place IN & OUT CASE NUMBER(S): =C=U.;:_P...::....;92=--=0l=x=l _______________ _ APPROVING RESO NO(S). ~5=26=0'--------------------- PLANNER COMPLETING REVIEW: =D~A:.:...:N~H=A~L=-V.:....::E=R=S=O:...:....N::....__ _______ _ PROJECT HISTORY Does project have a code complaint history? If yes, check those that apply and explain below. 0 Code Enforcement 0 Police 0 Yes Comments (include corrective actions taken and date compliance obtained): H/ ADMIN/TEMPLATE/MCUPANNUALREVIEWSHEET [gj No 0 Fire Prevention 03/09 ...... ~-~-~, C'"'> 't"""""'to ..... ..., -o -< ' .EVIEW INFORMATION e Has the permit expired? DYes [gJ No Permit expires: 06[29[2012 Date of review: 10[04[10 Name: losh lames [gJ Applicant D Owner D Other If other, state title: *CURRENT APPLICANT INFORMATION: Name: IN-N-OUT Burgers, Inc. Phone: 800-786-1000 Contact name (if different): losh lames Address: 5950 A venida Encinas, Carlsbad, CA 92008 Mailing (if different): E-mail: (optional) *CURRENT OWNER INFORMATION: Name: Snxder Leasing C[O In-N-Out Burgers Phone: 949-509-6200 Contact name (if different): Kim Kutze -Regional Manager Address: 13502 E. Virgina Ave., Baldwin Park, CA 91706 Mailing (if different): E-mail: (optional) Does project comply with conditions of resolution(s) and approved plans? [g] Yes D No If no, list below the condition(s) and/ or plan aspects the project is not in compliance with per resolution number or exhibit. Corrective action(s) to be taken: Date planner completed follow-up review and confirmed project compliance: (J. ~I i, IO{.,fto -.L tp~Jv ki. '~ Planner Signature l"fii'(ci pal Planner Sig:lahlre *Applicant and owner information must be updated for annual review to be complete. H/ ADMIN/TEMPLATE 03/09 --..., --a- !tTl ·c-> .:.:::> ~o ·--< MCUP &tj=UP ANNUAL REV.W SHEET INSTRUCTIONS 1. COMPLETE PROJECT INFORMATION BELOW AND PRINT COPY. 2. DOWNLOAD (DMS) RESOLUTIONS AND REVIEW ALL CONDITIONS AND APPROVED PLANS (COORDINATE WITH OTHER DEPARTMENTS). 3. REVIEW CODE COMPLAINT HISTORY (CODE ENFORCEMENT, POLICE, FIRE, ETC.). 4. CONTACT APPLICANT (OR OWNER) AND SCHEDULE AN APPOINTMENT FOR THE REVIEW. 5. COMPLETE REVIEW INFORMATION SECTION DURING REVIEW. 6. HAVE PRINCIPAL PLANNER REVIEW AND SIGN. 7. PLACE COMPLETED REVIEW SHEET IN ADMIN IN-BOX FOR PROJECT FILE (ADMIN WILL FILE). PROJECT INFORMATION CASE NAME: Palomar In-N-Out CASE NUMBER(S): =C=U~P...::.92=--=0l=x=l ________________ _ APPROVING RESO NO(S). PLANNER COMPLETING REVIEW: Mike Grim ==~==~----------------------- PROJECT HISTORY Does project have a code complaint history? If yes, check those that apply and explain below. D Code Enforcement D Police DYes Comments (include corrective actions taken and date compliance obtained): H/ ADMIN/TEMPLATE/MCUPANNUALREVIEWSHEET [gj No D Fire Prevention 03/09 August 12, 2002 Raymund Villanueva 13502 Hamburger Lane Baldwin Park, CA 91706 e City • FILE COPY' of Carlsbad IQFIIJ,JI,t.i•l§.flii••'4·11 PLANNING COMMISSION NOTICE OF DECISION SUBJECT: CUP 92-0lxl-PALOMAR PLACE IN-N-OUT DRIVE THRU At the Planning Commission meeting of August 7, 2002, your application was considered. The Commission voted 6-0 (Commissioner Baker Absent) to APPROVE your request. The decision of the Planning Commission became final on August 7, 2002. The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date which this decision becomes final; however, if within ten days after the decision becomes fmal a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with the Planning Director, Michael J. Holzmiller, Secretary of the Planning Commission, 1635 Faraday Avenue, Carlsbad, CA 92008. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, MICHAEL J. HOLZMILLER Planning Director MJH:MG:mh Enclosed: Planning Commission Resolution No. 5260 c: Snyder Leasing, c/o In-N-Out Burgers, 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 <!) May 6, 2002 Paul Ecke Sr Ste 10 e Cit of NOTICE OF EXPIRATION 1351 Distribution Wy Vista CA 92083 SUBJECT: CUP 92-01 -PALOMAR PLACE In a recent audit of our records, we found that CUP 92-01 -Palomar Place, located at 5990 Avenida Encinas, will expire on September 1, 2002. Should you, the property owner, require an extension of this permit, please send the following: ./ Written request for an extension; ./ Completed Disclosure Statement (enclosed); ./ Land Use Application (enclosed); ./ A check in the amount of $595. Send the required documents and warrants to: Chris Sexton City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad CA 92008 Your request for an extension must be received before June 6, 2002, to allow adequate time to process your application and schedule a hearing before the Planning Commission. If you do not request an extension by this date, the permit will be considered invalid and to continue operating, you will be required to submit an application for a new permit, along with a check in the amount of $2,950. Should you have any questions, please contact your staff planner, Mike Grim, in the Planning Department at (760) 602-4622. Sincerely, CHRIS SEXTON c: File Copy Mike Grim 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ July 25, 2002 Accessible San Diego 1010 2nd Avenue San Diego, CA 92101 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /1. / // /;> (/;.· .I tf1fti{fi- MICHAEL GRIM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ('!) July 25, 2002 e City American Red Cross San Diego-Imperial Counties Chapter 3650 5th Avenue San Diego, CA 92103 e of Carlsbad IQfh•Jhl;t.M•ifi·tlii••«4•11 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. 4U~ MICHAEL G~IM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!} July 25, 2002 e Cit At Your Home Services for Aging and Disability Suite 105-494 6965 El Camino Real Carlsbad, CA 92009 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. _ _,. / I / (4~/%>· » /y;~~/~ MICHAEL GR(M, Senior Plannet--- MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) July 25, 2002 e Cit Blind San Diego Center 1385 Bonair Road Vista, CA 92084 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /) .~ // I // /i ·· I ;I;~ A- ' i MICHAEL''GRJM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us G) July 25, 2002 Community Interface Services 2621 Roosevelt Street Carlsbad, CA 92008 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. MICHAEL GRIM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 e Cit Access Center of North County 3355 Mission Avenue Oceanside, CA 92054 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) July 25, 2002 e City Braille Friendship Club of Oceanside c/o Oceanside Senior Citizens Center 455 Country Club Lane Oceanside, CA 92054 e of Carlsbad IQFJelhlel•i•J§•fbillel§eJI SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /?/;~~ 11: /t~J:-/ MICHAEL~ Senior Plar\rter MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 Jay Comstock San Diego Regional Director The Braille Institute -San Diego Center 4555 Executive Drive San Diego, CA 92121 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /2 1 // If /1 ~ '/>/. /1\ __ l /it'~/~- / I MICHAEL GRIM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 e City California Council of the Blind San Diego Silvergate Chapter 1805 Upas Street San Diego, CA 92103 e of Carlsbad l#lJ611iiii.t.i•X§.LIIii•i§lil SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /)/!/·/~ !! '/Jiit'A--- 1 MICHAEL GRIM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) July 25, 2002 e City Carlsbad Senior Center 799 Pine Avenue Carlsbad, CA 92008 e of Carlsbad I ill Fi"" I .1· I •*4 ·t:• I I I ·'4 ·'I SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. 21/ZA- MICHAEL GRIM' Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} City of Carlsbad I Q 61 ,J ,J I ,J. I •*4 ·fl I I; .14 ,J I July 25, 2002 C E Disabled Services P. 0. Box495 San Luis Rey, CA 92068 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091(d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. ----~-// ;/ / I .-/fi-VI / . "'t/ I \_..,. I MICHAEL GRIM i Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ City of Carlsbad l@fiiUii;t.i•X§.fUII .. t§.il July 25, 2002 Development Disabilities Board-Area XIII Suite 285 9444 Balboa Avenue San Diego, CA 92123 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i} City of Carlsbad liJFih.ll.t.i•X§.fiill.t§.il July 25, 2002 Thomas Durbin Disabled American Veterans -Chapter 70 230 E Park Avenue Escondido, CA 92025 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /j!)/ :. ( .j/ //~:;/.r ~ MICHAEL GR~ . Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ July 25, 2002 e Cit North County Community Services 160 Nettleton Road Vista, CA 92083 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /?;;/ /:A--. ;; / //;/ /~/ /~/)v[' MICHAEL GRIM/ Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 e City North County Council on Aging 1400 Vale Terrace Drive Vista, CA 92084 e of Carlsbad I :;a F•···· '·'·' •*4 ·L'''· .t§ ell SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /~~/ /;) ~ vc/~ MICHAEL GRIM I Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ July 25, 2002 GenAMERICA e City P 0 BOX 2029 Carlsbad, CA 92018 e of Carlsbad IQ@Jeleilei•i•J§.f;jillel§eJI SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. ·'l1;/ .. ~ ;> . // /Ilk " .~---~1 '---- MICHAEL GRIM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 The Resource Center for the Disabled 3355 Mission Avenue Oceanside, CA 92054 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. ~~;!/£··· I~: /l;f;~/+- 1 MICHAEL GRIM . Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 e City e of Carlsbad IQFJ,J,Ji.t.i•X§.fiii••'4·'' San Diego Center for the Blind and Vision Impaired 5922 El Cajon Blvd San Diego, CA 92115 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /7 </' / .~···Ji'/ / /;:~::/ / ~/·, ~ v ~.·~-~ // MICHAEL GRIM Senior Planner ~· MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (j City of Carlsbad •REh·'·''·'·'·'4·t•aa;.tah• July 25, 2002 San Diego Regional Center for the Developmentally Disabled 135 Vallecitos De Oro San Marcos, CA 92069 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) July 25, 2002 e City San Diego Veterans Service Center Suite 106 136 W Mission Avenue Escondido, CA 92025 e of Carlsbad lilJfi.J,U.t.i•X§.fbil .. t§.il SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. Put~ MICHAEL GR~M--/ Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <i) e e City of Carlsbad July 25, 2002 Special Olympics North San Diego County 667 E Vista Way Vista, CA 92084 lifiiFIIIIII.t.i•J§.tlli •• t§.il SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. U,j / ;;I . ij // ~ • v ~./1'~~ I ' MICHAEL GRIM Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (i) July 25, 2002 State Of California e Cit Homeowners and Renters Assistance for Senior Citizens and Disabled and Blind 7575 Metropolitan Drive San Diego, CA 921 08 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. /?%/!~:A MICHAEL GRIM __ / Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) July 25, 2002 e Cit United Way of San Diego County 4699 Murphy Canyon Road San Diego, CA 92123 SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. MICHAEL G"IM/ Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us <!) July 25, 2002 e City Vietnam Veterans of San Diego 4141 Pacific Highway San Diego, CA 92110 e of Carlsbad '"''·'·''·*·'•J§.t;iji .. t§.il SUBJECT: NOTICE REGARDING PENDING PUBLIC HEARING ON A DRIVE-THROUGH FACILITY To Whom It May Concern: California Government Code Section 65091 (d) states that the Legislature of the State of California has found that "access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem." Therefore the Code requires that whenever a hearing is held regarding a permit for a drive-through facility, the local agency shall notify the blind, aged, and disabled communities in order to facilitate their participation in any hearing on the drive-through facility permit. The attached public notice pertains to the proposed Conditional Use Permit Extension for the In-N-Out Burger drive-through facility located at 5990 Avenida Encinas in the City of Carlsbad. Staff is recommending approval of the proposal. The notice is being sent to your organization because of your involvement in the blind, aged, and/or disabled communities. Please provide this hearing notice information to any interested parties. Thank you for your assistance. ~Ltfi- ' I MICHAEL GRU~t) Senior Planner MG:mh Attachment 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us (!) LUCE, FORWARD, ~~MILTON & SCRIPPS ATTORNEYS AT LAw FouNDI!D 1873 jEFFREY A. CHINE DIRECT DIAL NUMBER: (619) 535-2656 July 1, 1992 City of Carlsbad Planning Commission 1200 Carlsbad Village Carlsbad, California Drive 92009 Re: July 1, 1992 Planning Commission Hearing Agenda Item No. 3 - (SOP 83-11(0)/PUD 92-4/CUP 92-1/MS 92-4-Palomar Place): Request for Continuance Pending Further Environmental Review Honorable Chairperson Erwin and Planning Commission Members: This law firm represents the franchisor and operator of the Marie Callender's Restaurant (cumulatively the "Restaurant") located at 5980 Avenida Encinas in the City of Carlsbad. The Restaurant is situated within Palomar Place and is directly adjacent to the proposed development referenced above (the "Proposed Development"). Indeed, the Staff Report indicates that Marie Callender's parking and loading zone are to be reconfigured in connection with the Proposed Development although our consent to those actions has neither been requested nor given. Marie Callender's did not receive formal notice of these proceedings and is still in the process of evaluating the proposal. As discussed more fully below, we have serious concerns regarding various aspects of the Proposed Development and respectfully request a continuance of this matter until such time as the city, the public and the Restaurant have the opportunity to adequately review the Proposed Development and its potential impacts upon the surrounding area. Of primary concern is the absence of adequate traffic circulation analysis in the Negative Declaration circulated for review on May 28, 1992. Although the project is estimated to contribute 4,562 ADT to the surrounding road system, Item 25 of the Negative Declaration simply states in a single sentence that no significant impact is anticipated because the street system serving the site is "adequate" to handle the increased traffic. The Negative Declaration is devoid of any detail or analysis supporting this conclusory statement. The Negative Declaration contains no discussion of (i) the existing daily traffic and levels of service on the affected road segments; (ii) the anticipated incremental increase in traffic occasioned by the .p.so EXECUTIVE SQUARE, SUITE 700 LA jOLLA, CALIFORNIA 92.037 TELEPHONE: (619) 4SS-66II FACSIMILE: <6I9J 455-1354 600 WEST BROADWAY, SUITE 2600 SAN DIEGO, CALIFORNIA 92101 TELEPHONE: (619) 2J6-I414 FACSIMILE: <619) 232-83II ' ' __ .. LUCE, FORWARD, ~~MILTON & SCRIPPS ATTORNEYS AT LAw FouNDED 1873 City of Carlsbad Planning Commission July 1, 1992 Page 2 proposed development; (iii) the level of service for existing intersections; (iv) the impact of the project upon such intersections; and (v) the project's impacts upon the Palomar Airport Road/I-5 on-ramps and off-ramps. Moreover, the Negative Declaration fails to take into account other planned or approved projects in the immediate area which, when combined with the Proposed Development, may result in a cumulatively significant impact upon the circulation system. For example, we understand that the Palomar Airport Roadji-5 freeway overpass shall undergo extensive improvements in the near future during which time traffic along that segment shall be restricted. No mention of this whatsoever is included in the Negative Declaration. Furthermore, the approved Price Club is anticipated to generate significant traffic which, when combined with the proposed project traffic, may result in a significant impacts. The Staff Report simply states that Avenida Encina (not Palomar Airport Road) is not presently at capacity and therefore can accommodate traffic with no significant impact. A complete discussion of all these important issues should have been included in the Negative Declaration itself. Based upon these legitimate concerns, we respectfully request that the City prepare a focused EIR to study the potentially significant traffic impacts associated with the project, consistent with the earlier written request of Mr. David Cortina on behalf of the Restaurant operator. The Negative Declaration also lacks any discussion whatsoever of the potential impacts upon the existing businesses within the Palomar Place during construction and the redesign of Marie Callender's parking and loading ramps. Again, no one has requested the Restaurant's consent for these actions. Undoubtedly, the construction activity and Restaurant redesign will disrupt ongoing business operations and present potential health and safety risks to our customers. Pursuant to the California Environmental Quality Act ("CEQA"), a lead agency must prepare an environmental impact report whenever substantial evidence supports a "fair argument" that significant impacts may occur. (No Oil. Inc. v. City of Los Angeles (1975) 13 Cal.3d 68, 75; Friends of "B" street v. City of Hayward (1980) 106 Cal.App.3d 988, 1000-1003.) Similarly, CEQA places the burden of environmental investigation on the lead agency rather 4 • ···-· LUCE, FORWARD, ~MILTON & SCRIPPS ATTORNEYS AT LAw FouNDED 1873 city of carlsbad Planning Commission July 1, 1992 Page 3 than the public. The lead agency must gather relevant data necessary to support the issuance of a Negative Declaration. (Sundstrom v. County of Mendocino (1988) 202 Cal.App.3d 296.) The Negative Declaration in the instant matter lacks any credible analysis regarding potential traffic impacts and fails to meet the minimum standards enunciated by CEQA. Therefore, Marie Callender's respectfully requests that the City postpone decision on the proposed development pending the preparation of a focused environmental impact report to address these concerns. C?~ed, Chine Hamilton & Scripps JAC/lml cc: Mr. Gerald Tanaka • July 15, 1992 Paul J. Nolan McDonald's Corporation 4370 La Jolla Village Drive, Suite 800 San Diego, CA 92122 • SUBJECf: SOP -83-11 (D)/PUD 92-4/CUP 92-1 -PALOMAR PLACE APPEAL The letter dated July 8, 1992 requesting an appeal of the July 1, 1992 Planning Commission decision to approve SOP 83-11 (0 )/PUD 92-4/CUP 92-1 has been received and constitutes a timely appeal of the Planning Commission decision. The letter requests "that the City Council deny the Burger King drive-thru facility on the same grounds that the McDonald's located in the same shopping center was denied such a drive-thru facility less .than a year ago." The exact reason for the appeal of the decision remains unclear, however. Development permits, including Site Development Plans and Conditional Use Permits, are evaluated and approved based upon conformance with the City's General Plan, Municipal Code, and other applicable plans, standards, and policies. The permits were granted for the proposed drive-thru restaurant because it's design and location conformed with these documents. Development perinits are not evaluated based upon a comparison with the merits of another project. Please provide clarification as to why these development permits do not conform with the appropriate regulations and requirements. This written clarification should be provided prior to the appeal hearing and in sufficient time to allow analysis and response by staff. Additionally, the appeal seems to focus solely on the drive- thru facility, not the entire Palomar Place project (as referenced above). Please also confirm if the intention of the appeal is to solely focus on the drive-thru facility. Please contact the project planner, Michael Grim, at (619) 438-1161, extension 4499, if you have any questions. Sincerely, MICHAEL J. HOLZMILLER Planning Director c: City Attorney Assistant Planning Director Assistant City Engineer Principal Planner M.JH:MG:vd SDP8311d.ltr 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 •, May 24, 1993 Raymund Villanueva In-N-Out Burgers 13502 E. Virginia Avenue Baldwin Park, CA 91706 SUBJECf: IN-N='lt.JT BURGERS APN :. ''~:;'ili.··~~~W:.l7().:17 Preliminary review of your project was conducted on May 20, 1993. Listed below are the issues raised by staff. Please note that the purpose of a preliminary review is to provide you with direction and comments on the overall concept of your project. The preliminaiy review does not represent an in-de_pth analysis of your project. Additional issues of concern may be raised after your application is submitted and processed for a more §Peclfic and detailed review. 1. The project site has received a Site Development Plan (SOP 83-11(0)) and a Conditional Use Permit (CUP 92-01) for a 2,860 square foot drive-thru restaurant. Any new proposal must be in substantial conformance with the approved site plan and building elevations, or an amendment to the existing permits is required. Following is a discussion of the conformance of the new proposal to the approvals. 2. The proposed building footprint is 40 square feet larger than approved. This requires an additional parking space within the center. However, the construction of the building on Pad "A", north of the Claim Jumper, is contingent upon processing a Site Development Plan Amendment and adjusting the square footage to meet the parking requirements of the Carlsbad Municipal Code. With the proposed 2,900 square foot drive-thru, the future building on Pad "A" must be reduced in square footage. 3. The adjustments to the landscaping around the perimeter will require a change to the approved landscaping plans. Enclosed is a copy of the existing, approved plans and a handout on landscape plancheck revisions. This landscaping revision can be processed concurrently with the building permit application. 4. The building architecture substantially conforms to the previous drive-thru and is acceptable to staff. Some concern was raised about the tone of the bone white stucco. An off-white color would be preferable. 5. The proposed signage will necessitate a revision to the existing sign program. This is also an administrative process and can occur simultaneous with the building permit processing. The locations and square footages of the signs seem to comply with the intent of the existing program. 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619) 438-1161 @ IN-N-OUT BURGERS, APN: 210-170-17 MAY 24, 1993 PAGE 2 • 6. The proposed menu/order board needs to be relocated to the original location shown on the approved plans. (see attached landscape plan). 7. Overall, the proposed modifications are consistent with the original Site Development Plan and Conditional Use Permit, and no additional discretionary actions are necessary. As mentioned above, the building permit, landscape plan revision, and sign program revision are administrative actions and can be pursued simultaneously. Attached is a red-lined site plan with staff comments. Please include this site plan with any subsequent submittals. Feel free to contact your staff planner, Mike Grim, at (619) 438-1161, extension 4499, if you have any questions. Si e ly,/ . L I(. · ti/i4f I 1Vitj c~ G~WAYNE Assistant Planning Director Attachment c: Bob Wojcik Mike Shirey Russell Grosse Development FiteGpy ~ MG:Ih 21017014.MG • City of Carlsbad . Mijbhhiilt.i•)§·khi..t§.il June 11, 1993 Raymund Villanueva In-N-Out Burgers 13502 E. Virginia Avenue Baldwin Park, CA 91706 SUBJECT: STATUS OF CUP 92-01 FOR DRIVE-TIIRU RESTAURANT This correspondence is a follow-up to your preliminary review on May 20, 1993. According to the approving resolution for the drive-thru restaurant, the Conditional Use Permit will be null and void if building permits are not issued within one year of project approval, or July 1, 1993. Your building permit application for the In-N-Out Burger restaurant was received on June 4, 1993. The application has been approved by the Planning Department and, upon payment of fees and acquisition of Sewer and Industrial Waste Permit, will be approved by the Engineering Department. While the building permit may not be issued by July 1, 1993, the progress on your application warrants an extension of this deadline. Provided the building permit application proceeds in good faith, the Conditional Use Permit for the drive-thru restaurant will not be voided. If you have any questions, feel free to contact me, at ( 619) 438-1161, extension 4499. MICHAEL G Assistant Planner Attachment c: File Copy MG:vd CUP9201.ltr 2075 Las Palmas Drive • Carlsbad, California 92009-"'1576 • (6"'19) 438-"'1 "'16"'1