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HomeMy WebLinkAboutCD 2020-0019; MCDONALD'S RESTAURANT; Admin Decision LetterJanuary 4, 2021 Robert Preece 153 E City Place Drive Santa Ana, CA 92705 SUBJECT: CD 2020-0019 (DEV2020-0280}-MCDONALD'S RESTAURANT Ccityof Carlsbad 8FILE COPY M~deol 1/12/21 The City Planner has completed a review of your application for Consistency Determination, CD 2020- 0019, which is a modification to Conditional Use Permit Amendment CUP 94-09x2(A) and Coastal Development Permit CDP 13-02, which allowed for a 400-square-foot expansion to an existing 3,800 square-foot commercial restaurant (McDonald's) located at 5990 Avenida Encinas (APN 210-170-06-00). After careful consideration of the request, the City Planner has determined that the request meets all of the findings below and APPROVES this request. The proposed modifications include: • Modification of drive-through lane to include two pull-forward food delivery spaces beyond the drive-through service window; and • Reduction of the patio seating area from 772 square feet to 602 square feet to accommodate the modified drive-through lane; and • Removal of a window at the north elevation and replacement with a storefront glass employee access door system to deliver food to cars waiting in the food-delivery spaces. In order for o Discretionary Permit Consistency Determination ta be approved, all of the fallowing findings must be made: 1) No project condition, feature, facility or amenity is changed or deleted that had been considered essential to the project's design, quality, safety or function in that the overall project does not significantly change and the proposed land use and project layout remain unchanged. 2) The request represents an upgrade in overall design features and or materials and improves upon the project's compatibility with the surrounding neighborhood in that the reduction af the patio seating area will allow for the installation of two food delivery waiting spaces for cars ahead of the drive-through service window, thereby alleviating potential queuing at the entrance to the drive-through. The installation of the door at the north elevation will allow restaurant employees to deliver food to cars waiting in the food-delivery spaces. 3} The proposed revision does not change the density or boundary of the subject property. 4} The proposed revision does not involve the addition of a new land use not shown on the original permit in that a new use is not proposed and the uses on the property will continue unchanged. The subject building will continue to be used as a restaurant. Community Development Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 760-602-4600 I 760-602-8560 f I www.carlsbadca.gov CD 2020-0019 (DEV2020-0280)-MCDONALD'S RESTAURANT January 4, 2021 Pa e 2 5) The proposed revision does not rearrange the major land uses within the development. 6} The proposed revision does not create changes of greater than ten percent provided that compliance_, will be maintained with the applicable development standards of the Carlsbad Municipal Code in that the proposed drive-through modification, reduction of patio seating area, and Installation of new employee door at the north elevation does not change the existing building's height, area, or setbacks. 7) The proposed change will not result in any significant environmental impact, and/or require additional mitigation in that the proposed project is not substantially different than what was previously approved. BJ The proposed change would not result in any health, safety or welfare impacts in that the proposed project is not substantially different than what was previously approved. 9} There were not any major issues or controversies associated with the original project which would be exacerbated with the proposed change. 10) The proposed change would not be readily discernable to the decision makers as being substantially different from the project as originally approved-in that the proposed project is not substantially different than what was previously approved. The proposed changes will not affect the existing building's height, area, setbacks, or architectural style. Therefore, the City Planner has determined that the application qualifies for a consistency determination with the approved permit and approves the changes to the project based on Planning Division Administrative Policy No. 35. CD 2020-0019 (DEV2020-0280) -MCDONALD'S RESTAURANT January 4, 2021 Pa e 3 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." You have 90 days from the date of final approval to protest imposition of these fees/exactions. If you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. This decision may be appealed by you or any other member of the public to the Planning Commission within ten days of the date of this letter. Appeals must be submitted in writing to the Planning Division at 1635 Faraday Avenue in Carlsbad, along with a payment of $876. The filing of such appeal within such time limit shall stay the effective date of the order of the· City Planner until such time as a final decision on the appeal is reached. If you have any questions regarding this matter, please feel free to contact your project planner, Esteban Danna at 760-602-4629. CITY OF CARLSBAD DON NEU, AICP City Planner DN:ED:cf c: Vogel-Beljean Trust C/0 Walter Beljean Trustee, 6415 Edna Rd., San Luis Obispo, CA 93401 Kyrenne Chua, Project Engineer HPRM/File Copy Data Entry