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HomeMy WebLinkAbout1976-08-17; Planning Commission; ; SP 146B|CUP 122 - SANTA ANITADEVELOPMENT CORPORATIONCITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT AUGUST 17, 1976 TO: DEVELOPMENTAL COORDINATING COMMITTEE FROM: PLANNING DEPARTMENT CASE NOS.: SP-146(B) CUP-122 APPLICANT: SANTA ANITA DEVELOPMENT CORPORATION REQUEST: (1) Approval of a Conditional Use Permit for a McDonald's Drive-thru Restaurant, subject to Specific Plan approval, as permitted by Section 21.42.010(5P) of the Zone Code. (2) Should the Drive-thru restaurant be denied, a clarification of ambiguity, as provided by Section 21.44.040 of the Zone Code, is requested to determine whether or not a McDonald's Restaurant without a Drive-thru requires a C.U.P. as a Take-out Restaurant, as permitted by Section 21.42.010(50) of the Zone Code. (3) Should the Planning Commission and the Council find that a C.U.P for a Take-out Restaurant is required, approval of such a C.U.P. is requested, subject to Specific Plan approval. (4) Approval is also requested for an amendment to an existing Speci- fic Plan to incorporate site plan modifications. (2)The per RECOMMENDATION 1. CONDITIONAL USE PERMIT - DRIVE-THRU RESTAURANT ans W1 I r not Cross air cue pa nrue-u- vrrusiwa i is . street system serving the proposed use is inadequate to pro- ly handle all traffic generated by the proposed use because: (a) Traffic generated by the proposed use will compound the traffic congestion now experienced on El Camino Real; and (b) The traffic generated by the proposed use when combined with traffic generated by the expansion of the Plaza Camino Real Center, the remainder of the Carlsbad Plaza Center, and the Center to be constructed on .the south side of Marron Road, will create excessive congestion on El Camino Real in the future, despite improvements to the street system in the area. (3) The requested use is not in harmony with the City's General because: Plan SP146(B)/CUP-122 ^^ August 17, 1976 Page Four (a) The increased traffic and parking congestion generated by the amendment conflicts with the Circulation Element guide- line of coordinating "the distribution, character and inten- sity of all land uses with the Land Use Element to preclude the increased levels of traffic which would be generated beyond the capacity of the existing or planned street sys- tem until such time as adequate facilities can be provided". (b) The increased traffic and parking congestion generated by the amendment conflicts with the Land Use Element Utility and Public Service Development guideline of ensuring "the capacity of major street linkage to provide for the needs of the proposed development without substantially altering existing traffic patterns or overloading the existing street system. If the Planning Commission feels that a fast-food restaurant is desir- able in the northeast part of town, it may wish to suggest to the applicant that he work with Staff in finding a suitable site. 4. SPECIFIC PLAN AMENDMENT It is recommended that SP-146(B), as proposed by the applicant in Exhibit "A" dated June 22, 1976 and Exhibit "B" dated August 13, 1976, be DENIED because of the following findings: (1) The requested amendment is detrimental to the existing Specific Plan because: (a) Inadequate parking adjacent the proposed drive-thru or take- out restaurant would cause increased congestion in other areas of the shopping center's main parking lot; (b) In the case of the Drive-thru restaurant, the inadequate drive-thru lane proposed would negatively affect circula- tion throughout the shopping center; and (c) The proposed uncontrolled common driveways with the Standard Station would create additional congestion in an already highly congested area. (2) The street system serving the proposed center is inadequate to properly handle all traffic generated by the proposed center because: (a) Traffic generated by the proposed drive-thru/take-out res- taurant will compound the traffic congestion now experienced on El Camino Real; and SP-146(B)/CUP-122 August 17, 1976 Page Six (3) The proposed amendment is consistent with the City of Carlsbad Environmental Protection Ordinance because: (a) An Environmental Impact Report for the Shopping Center pro- ject was previously certified by the City Council; (b) Neither the impacts of the proposed sign program nor the circumstances under which the program will be performed differ from those addressed in the EIR; (c) The project therefore complies with the Carlsbad Environ- mental Protection Ordinance through Prior Compliance (Section 19.04.153). CONDITIONS (1) Approval is granted for the land described in the application and attachments thereto, and as shown on the plot plan submitted labeled Exhibit "C", dated August 13, 1976. The location and development of all buildings, roadways, parking areas and other facilities shall conform to the plot plan labeled Exhibit "C" and to Council Ordinance 9419 except as indicated otherwise herein (2) Prior to occupancy of any buildings other than Buildings C or 11, the applicant shall construct a barrier acceptable to the City Engineer controlling access from the shopping center to the Standard Service Station along line "A" as shown on the Plot Plan Exhibit "C", dated August 13, 1976. The applicant shall be res- ponsible for maintaining said barrier until a permanent plan for channelizing traffic through both easements and the Standard Sta- tion has been approved by the City Engineer. (3) No building or use of Area "B", as shown on the Plot Plan Exhibit "C", dated August 13, 1976, shall be permitted until a revised '' plot plan for that area has been approved by City Council. BACKGROUND REPORT Location.anl Description of Property: The Drive-thru/Take-out Restaurant site is located in the northwest corner of the Carlsbad Shopping Center. The Shopping Center has been graded, with a permanent Savings and Loan Building recently completed. A temporary Bank of America is also present on the site. Existing Zoning:_ ( Subject Property: C-2 North: L-C South: C-2-Q East: R-l-10 West: C-2 •SP-146(B)/CUP-122 August 17, 1976 Page Seven Existing Land Use: Subject Property: Vacant, 1 permanent and 1 temporary structure North: Buena Vista Creek and Highway 78 South: Vacant East: Vacant West: Plaza Camino Real Shopping Center Past History and Related Cases: A Specific Plan for a Shopping Center (SP-146) on the subject property was approved by the City Council on December 18, 1973 (City Council Resolution 3304). SP-146(A), approved by Council on March 4, 1975 (Ordinance 9419), separated the project into five phases. The Planning Director approved minor changes to the site plan on February 6, 1976, modifying building sites at the north end of the site. He subsequently approved minor deviations to allow a drive-thru bank. The Planning;Commission approved building elevations for the Shopping Center on February 26, 1976 and June 23, 1976. Environmental Impact Information: The Planning Director had determined that the project had complied with the City's Environmental Protection Ordinance through Prior Compiiance (Section 19.04.153). An Environmental Impact Report (Nos. 219 and 220) was approved for the Shopping Center and certified in connection with the original Specific Plan. General Plan Information: The project site is designated for Community Commercial Land Use. The proposed amendment is in conformance with this designation. As pointed out in the recommended findings, the present proposal does not conform with guidelines of the Land Use and Circulation Elements. Public Facilities: Water and sewer services are available from the City. Major Planning Considerations: Is a drive-thru restaurant appropriate for the site proposed? Is a take-out restaurant appropriate for the site proposed? Has proper circulation through the driveway easements been assured? DISCUSSION The applicant's request boils down to three decisions: the Clarifica- tion of Ambiguity; the proposed CUP; and amendment to the adopted Specific Plan. SP-146(B)/CUP-122 August 17, 1976 Page Eight Ambigui ty: The legal authority for Commission action is given in Section 21.44.040 of the Zoning Ordinance: "21.44.040 Clarificatipji of ambiguity. If ambiguity arises con- cerning the appropriate classification of a particular use within the meaning and intent of this title, or if ambiguity exists with respect to matters of height, yard requirements, area require- ments or zone boundaries, as set forth in this title and as they may pertain to unforeseen circumstances, including technological changes in processing of materials, it shall be the duty of the planning commission to ascertain all pertinent facts and by reso- lution of record set forth its findings and its interpretations, and such resolution shall be forwarded to the city council and, if approved by resolution of the city council, thereafter such intrepretation shall govern;" Staff feels that the nature of McDonald's operation clearly qualifies the restaurant as a Take-out restaurant. Such uses create a great number of vehicle trips, with the corresponding potentials for traf- fic congestion. It is for this reason that a Conditional Use Permit should be required. Conditional Use Permitr A drive-thru restaurant is undesirable for several reasons. These reasons are reflected in the Findings, but to further summarize them: (1) The drive-thru eliminates parking, and the proposed 14 spaces in the vicinity of the restaurant will be heavily used. When all 14 spaces are filled, additional vehicles entering the parking area will have to turn around at a westerly "hammerhead" (not provided for in the proposal). Should a vehicle park in the turn-around area, it would be difficult to maneuver out of a full parking lot. The Commission may note that the two lots adjacent to the Bank of America similarly have no turnarounds. Those lots differ from the one proposed for two reasons: (a) Bank parking is characterized by lower volume and less frequent turnover than fast-food restaurants; (b) The Bank parking lots were modified to make that drive-thru operate efficiently. In the case of McDonald's, an ineffi- cient parking lot is proposed in addition to an ineffficient drive-thru. SP-146(B)/CUP-122 August 17, 1976 Page Nine (2) Some customers may discover the potential convenience of entering the existing service station from El Camino Real parking along the curb and walking across the drive-thru to the building. This will cause further pedestrian-vehicle conflict. (3) The drive-thru lane and rear of the proposed building face El Camino Real. Such an arrangement will force pedestrians from the Plaza and the movie theatres to cross the drive-thru to enter the building. The problem will be particularly noticeable during weekends and the summer months when young people attempt to reach the restaurant from the movies or shopping trips. (4) The City currently experiences traffic congestion on El Camino Real in the area of the shopping center. Traffic from McDonald's will further aggravate the situation, particularly during the lunch and dinner rushes. Signalization of the shopping center entrance and construction of Jefferson and Marron Streets will relieve some of the existing congestion. However, the expansion of the Plaza Camino Real, completion of the Carlsbad Plaza and construction of the shopping center proposed on the south side of Marron Road, will generate additional traffic congestion. Balancing future street system;improvements and traffic genera- tors, staff feels that traffic from any fast-food restaurant on the site proposed will create noticeable traffic congestion in excess of what would otherwise exist. The take-out restaurant alternative would not solve the problems of traffic congestion. In particular, points "2" and "4" above would still apply to a take-out facility. The drive-thru traffic land would at least channelize the majority of take-out traffic. The take-out alternative would leave the take-out traffic to its own devices. This would result in constant conflicts between traffic heading for other parts of the Center or streets, and the parking movements of McDonald's patrons. Because patrons would be free to park on either side of the thru-traffic lane, traffic conflicts would occur over a broader area than the relatively limited conflict area of a drive-thru lane. REGARDLESS OF WHETHER OR NOT A DRIVE-THRU FACILITY IS DESIRED, THE SITE PROPOSED DOES NOT HAVE ADEQUATE PARKING AND CIRCULATION FACILITIES FOR ANY TYPE OF FAST-FOOD FACILITY. Specific Plan: Amendment to the existing Specific Plan is required because of the modifications to the site plan. These modifications include both the restaurant (CUP requests) and the joint use of the Chevron station driveway. Staff believes that without detailed design of the driveways, their joint use would create an undesirable situation similar to the existing Texaco-Poinsettia Plaza situation. The applicant has stated that he has an iron-clad lease with Standard Oil, retaining that company's access rights across the driveways. SP-146(B)/CUP-122 August 17, 1976 Page Ten Section 21.56.010 of the Zoning Code states, however, that "when this title imposes a greater restriction upon the use of building or land, or upon the height or buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this title shall control ". Staff also believes that, if both CUP requests are denied, a redesign of the restaurant site should be required to ensure that efficient circulation is obtained. Additional Information Requested by the Planning Commission: At its meeting of July 28, 1976, the Commission requested the following information: estimated customers/day; estimated seating capacity; floor plans; plans of improvements to El Camino Real. As of this date the first three items have not been submitted to Staff by the applicant. The applicant has submitted floor plans for both al ternati ve--- McDonalds ' s, which are available in the Planning Depart- ment and will be available at the public hearing. A plan of the improvements to El Camino Real has been attached. ACM:cs Attachments:Location Map Exhibit "A", Applicant's proposed Plot Plan (Drive-thru), dated June 22, 1976 Exhibit "B", Applicant's proposed Plot PI an (Take-out), dated August 13, 1976 Exhibit "C", Staff proposed Plot Plan, dated August 13, 1976 Plot Plan, El Camino Real improvements. City of Carlsbad Planning Commission Exhibit No. .^=^. Date T2T - (UMIifp .." f/Tf#777777'- [£•••••• ••—••-.•••;., fn(::.E K^^xS-,i| ••'•' •• '.<•' £&** LMfc*. l' NJ.i^.?-t''i-'i:-i •••'!'!;.ITTTHi TfelT" (I). •• «T"l!i :e Ik******* *w«i;w«1!@: W$-i•^sa.virf•pare*'• Kx!*-* HXff. - \! / •' i r-ii 1-3. ^ i \ • exjsrinr.|.A ' ^err/la;..' 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