HomeMy WebLinkAboutCUP 189; Jack in the Box; Redevelopment Permits (RP)' Receipt No.
APPLICATIOM NO. CONDITIONAL USE PEFvMIT QLip-
CI'i''y OF CJARLSBi-iiD
(Please Type or Print) Date: SAJXZLI&CX.
1) REQUEST: Conditional Use Perinit to QQTIstnjct new
(briefly explain)
drive-thru restaurant facility in C-2 Zone (demolish existing).
2) LOCATION: The subject property is generally located on th'
South side of _^ betv/een Harding
and 1-5
3) ASSESSOR'S NUMBER: Book 203 Page 353 Parcel ___08
.Book 203 Page ri^T:^-)^ Parcel Q-^ more, plG^.ase
list on bottom of this page).
^) RRORERTY OVTNER'S SIGNATURE: Addre s City Zip Phone
(714)
^. . . . , . , lQ10.^xding. S-txe^t, Carlshad, r.a^-.-Z2a-.5.907
Bert Freehof 92008
5) Person Responsibj.e for Preparation of Plan:
Name Address _5ri^-^ ^iE P^12!L^
William L. Unger P. 0. Box 783 San-Die.go, CA. 92112 (714) 571-2489
6) Registration or License No: c-2896
7) Applicant's Signature:
I HEREBY DECLARE THAT ALL INFOI^-IATION CONTAIN WITHIN THIS
APPLICATION IS TRUE; AND THAT ALL STANDARD CONDITIONS AS
INDICATED ON THE ATTACHMENT HAVE BEEN READ, UNDERSTOOD AND
AGREED TO. .
Name .Address _____ City Zj.j) Phone
Lee Correia P. 0. Box 783 San Diego, CA. 92112 (714) 571-2285.
• Representing (Company or Corporation) FOODMAKER, INC.
Re lat ion sh ip to Property Owner (s) Construction Engineer
The City of Carlsbad's Planning Department would appreciate the
opportunity to work with the applicant throughout the pianning
stages of the. proposed development. In an effort to aid the
applicant, the Planning Dep^lrtIrlent requests that it be given an
opportunity to evaluate £ind discuss the application and plans prior
to submittiil. This request is not a requirement; however, it may
ci.void major redrafting or revision of the Dian which only serves
to lengthen the processing tim-.).
AT17\aiMENTS : Tf^CGlVQd
Sup}yj"eiae.iitri']. Infermation Form - Planning 22 •XiiWwwAlrV^
Standard Condition - Planning 27
Preparation Check List - Planning 32 NOV 17 1980
Procedures - Planniiig 36
CITY. OB CABtSBAK
FORM: Planning 4 Date o.f Planning Commission Approval
SUPPLEMENTAL INFORMATION FORM
CONDITIONAL USE PERMIT
1)
2)
3)
Gross Acres (or square footage if less than acre) 21,000 Square Eeet
Zone
General Plan Land Use Designation c-2
4)
5)
The Present Use of the Subject Property Existing drive-thru
restaurant facility, Real Estate office, single family dwellings
By law a Conditional Use Permit may be approved only if certain
facts are found to exist. Please read these required facts
carefully and explain how the proposed project meets each of
these facts. Use additional sheets if necessary:
a) Explain why the requested use is necessary or desirable
for the development of the community^ is essentially in harmony
with the various elements and objectives of the General Plan,
and is not detrimental to existing uses or to uses specifically
permitted in the zone in which the proposed use is to be located
Allow for construction of new restaurant facility.
Enhance visual acuity of existing corner^
Provide adequate on-site parking.
Improve traffic flow.
b) Explain why the site for the intended use is adequate in
size and shape to accomodate the use: AH landscape, on-site parking
and required amenities conform to land-use requirements,
c) Explain why you believe the proposed yards, setbacks, walls
fences, landscapinq, etc., will be adequate to adjust the
requested use to existinq or permitted future uses in the
neighborhood: Proposed use has existing on this site for many years
(exclusive of adjacent parcel).
d) Explain why you believe the street system servinq the
proposed use is adequate to properly handle all traffic gener
ated by the proposed use: Traffic flow \d11 he improved with npw
lay-out.
One curb-cut will, be omitted on Elm Avenue.
If you need more space to answer the above, please use
reverse side of this form or separate sheets and attach
to this form.
FORM Planning 2?. Dato of Planninq Commission Approval
STANDARD CONDITIONS
CITY OF CARLSBAD
SPECIFIC PLAN/CONDITIONAL USE PERMIT/VARIANCE/
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN/
SPECIAL USE PERMIT/CONDOMINIUM PERMIT AND
PRECISE DEVELOPMENT PLAN
Development shall meet all requirem.ents of the subdivision, zoning
and building codes, laws, ordinances or regulations of the City of
Carlsbad, and other governmental agencies. Some of the more
pertinent requirements and procedures of the city are listed below
for your information and concurrence. Please read this list carefully
and feel free to ask for further information or explanation.
1) All conditions for Conditional Use Permit, Variance, Planned
Unit Development and Special Use Permit shall be completed and
the project commenced within 18 months from final city action,
unless otherwise stated as .part of the approval. There is no
time limitations for Specific Plans unless required as part of
the approval.
2) Development shall substantially conform to the approved plan,
3) All public improvements shall be made in conformity with city
standards, to the satisfaction of the City Engine'er, without
cost to the City of Carlsbad and free of all liens and
encumbrances.
4) Prior to any construction, the applicant shall submit plans
to the appropriate entity providing domestic water to the
proposed development, for its approval of the location, type
and adequacy of water lines.
5) Prior to any construction, the applicant shall obtain approval
from the City Fire Department of the location and size of
fire hvdrants.
6) The applicant shall install all required fire hydrants and
dry-stand pipes prior to framing construction, and said fire
appurtenances shall be functional prior to commencing such work.
7) Street trees, as required by the city, shall be installed by
the applicant at applicant's expense. Trees shall be of a type
approved by the Parks Department and shall be installed to their
specifications. If removal of any existing trees is required
by the city, said removal shall be at the applicant's expense.
It shall be the responsibility of the applicant to make all
arrangements v/ith the Parks Department concerning the re'quire-
ments of this condition.
8) A detailed grading plan which includes proposed drainage
and erosion control landscaping or other measures such as
desilting basins shall be approved by the City Engineer.
9) Iinmediately after grading, erosion control landscaping and/or
other measures such as desilting basins shall be installed.
This control may be the final landscaping if so approved.
10) A detailed landscape and sprinkler plan shall be submitted
for Planning Director's approval for all graded slopes 5'
or greater in height and any other areas required by law.
11) Prior to final building inspection clearance, all landscaping
and irrigation systems shall be installed or adequate
bonding accepted. Said landscaping shall be maintained in
a manner acceptable to the Planning Director.
FORM 27
Page (1)
PRBPARA.TION CHECK LIST
CONDITIONAL USE PERMIT/VARIANCE
PLANNED UNIT DEVELOPMENT/SITE DEVELOPMENT PLAN
CONDOMINIUM PERMIT/SPECIAL USE PERMIT
Documents Required for Submittal:
1) Application with supplemental sheet completed.
2) Standard condition list.
3) Photostatic copy of deed with complete legal description of subject
property or other form of description acceptable to the Planning
Director.
4) Thirteen (13) blueline prints of the plan for all applications except
a PUD which requires 18 prints. Minor Condo permits which require 3,
and Major Condo pennits which require 18. Maps must be folded in a
size not to exceed 8^ x 11.
I^EQUIRED PLANS ARE AS FOLLOWS:
CUP and Variance: Site Plan*
PUd: Site Plan*, building elevations, landscape plan, cross section of
proposed grading.
SDP: Site Plan*, building elevations.
CONDO PERMIT: Site Plan*& building elevations,
landscaping plans.
SUP: Site Plan*, grading plan.
*Site Plan as a minimum shall contain all property lines, building
locations with horizontal dimensions, driveways, and parking stalls
with dimensions, location and dimensions of landscaping.
5) Environmental Impact Assessment or Report with fees (if required).
6) Fee: Conditional Use Permit, Variance, and Special Use Permit -
$50.00.
planned Unit Development ~ $50.00 + $1.00 per unit.
Amendments for PUD's - $50.00 + $1.00 per unit v/ithin area being
amended.
Site Development Plan - $25.00.
Condominium Permit - $50.00 + $1.00 per unit within' area being
amended,
7) 300 Foot Radius Map - (Not needed for Site Development Plan, Special
Use Permit a'nd Minor Condomdnium Permit) . A map to scale not less than
1"= 200' showing each lot within 300 feet of the exterior boundaries
of the subject property. Each of these lots shall be consecutively
numbered and correspond with the property owner's list. The scale of
the map m.ay be reduced to a scale acceptable to the Planning Director
if the required scale is impractical,
8) Property Owners and Occupants List: Two copies of a typewritten list
bf self-adhesive (Avery) labels of the names and addresses of all
persons owning property (as shown on the latest equalized assess-
ment roll) and persons in possession, if different, within a 300'
radius of the exterior boundaries of the subject property. The
la.test equalized assessment roll is available in the Office of the
Assessor of San Diego, 1600 Pacific Highway, Room 103, San Diego,
California; Telephone 236-3771.
Conversion to Condominiums; In addition to the above property
owners~Tist, the applTcatron shall include a list (prepared as
above) of names and addresses of all tenants of the units to be
converted to condominiums.
FORM 32
Angus I:'21, 19R0 Page One
^) Disclosure Statem.ent
10) A written statement by the City Engineer that he finds there is
adequate sewer capacity available for the proposed use at the site or
that he finds that the proposed use ana site can be adequately sc;rv>-:d
by alternative city approved onsite sewer system. Applicant, please
note, this determination must be done prior to submitting application
and it may require preparation on your part to provide sufficient
evidence to the City Engineer. It is suggested you make early contact
with the Engineering Department for such determination.
11) For residential projects within Vista, San Marcos, Encinitas or San
Dieguito School Districts, the applicant shall indicate whether he
prefers to dedicate land for school facilities, to pay a fee in lieu
thereof, or do a combination of these. If the applicant prefers to
dedicate land, he shall suggest the specific land.
For residential projects within the Carlsbad Unified School District,
the applicant shall submit v/ritten confirmation that school facilities
will be available and serve the project at time of need.
12) Public facility Security Agreem.ent: Secured agreement with appli-
cation submittal.
13) 1 copy of colored site plan and elevation plans (except Minor Condo-
miYjium Permit) .
14) Reduced 8^5" x 11" site plan and elevations (except Minor Condominiumi
Permit)
15) 8^5" X 11" Location Map (except Minor Condominium Permit)
B) Drafting of Plan
1) Sheets to be 24" x 36" with 1" border (standard "D" size).
2) Scale to indicate: 1" = 10' is generally sufficient; however, the
scale is to be appropriate for sheet size.
3) North arrov? oriented to top or left side of sheet.
4) Lettering must be legible. It is preferred that it be drawn by
mechanical means, in ink, and heavy upper case.
5) Location map showing the distances to the center line of the nearest
intersection.
6) Title block with name and address of applicant and drafter, and perti-
nent information such as uses, total aicreage and date prepared.
C) rnformation on Plan
1) Proposed and existing structures:
a) Proposed use of all structures (in general land use terms).
b) Building dimensions, setbacks and distances between buildings.
c) Type of construction proposed.
d) Identification of fire rated walls and fire sprinkler systems.
e) Height and number of stories.
f) Gross floor area per structure.
^) Proposed changes and. additions t:o existing buildings.
2) Existing and proposed right-of-way, public cind/or private:
a) Distance from property line to center line of right-of-way.
b) Widths of right-of-way.
c) Location of existing and prcposed sidewalks and curbcuts.
d) Easements, type and location.
FORM 32^
August 21, 1980 Page Two
3) Parking:
a) Location, size and numbered consecutively
b) Identification of loading zones.
c) Dim.ensions of drivevyays.
4) Landscaping:
a) Existing and proposed trees in the public right-of-way.
b) A schedule showing types, size and location of all
plant m.aterials proposed on site.
c) Indicate a permanent v/atering system for all landscaping
areas by showing the location of water lines.
• 5) Refuse pickup areas (not required for detached housing projects)
6) Signs: Size, location and height of existing and proposed signs
7) Lot lines and dimensions.
8) Location of v/atercourse or areas subject to flood.
9) Location of proposed storm drains cr other means of drainage
(grade and size).
10) Topographic contours at two feet intervals, with indication
of manufactured slope.
11) Cross section of proposed grading. Existing contours and
proposed graded contours for all grades of 4:1 or greater
shall be shown.
12) Delineation of development phasing.
D) Miscellaneous Information for Planned Unit Development and
Condominium Permit Applications .
1) Document explaining who shall be responsible for maintaining
open comiiion areas 'and how maintenance is to be performed.
2) Documient explaining special development standards requested.
For custom home Planned Unit Development, all development
standards listed in Section 21.4 5.120 shall be included.
3) Elevation of proposed buildings (not required for custom
home PUDS).
FORM 3_2
August 21, 19 8 0 Page Three
PROCEDURES
1) Application to Plamiing Commission: In an effort to aid the
applicant, the Planning Departament requests that it be given an
opportunity to evaluate and discuss the application in its various
stages of development prior to submittal. It is more effective'if
applicant meets directly with staff; however, written or telephone .
communication is acceptable. It is tlie responsibility of the
applicant to make the initial contact for such meeting.
Submittal: Application will be accepted only if the application,
"plans and other pertinent m.aterials are included.
3) Review: After accepting the application staff will submit it to
the department review board (DCC) to ascertain if further information
is necessary. Staff will attempt to conclude this review within
two weeks, but in no case shall the review period be longer than
30 days from receipt of application.
4) Notice; Upon completion of the application review, the applicant
will be informed by letter if further information is required if
any, or if the application is complete what date it will be heard
by the Planning Commission.
5) Planning Commission Calendar: The Planning Commission adopts an
annual calendar that indicates application closing dates, staff
review dates, a staff recommended reviev/ dates as well as Planning
Commission hearing dates. The date your request will be heard is
selected from this calendar. You may acquire this calendar at. the
Planning Department.
Staff Review; Staff prepares a report for the Planning Commission.
This report is reviewed by the Departmental Coordinating Ccnmiitt.ee
(DCC), which is made up of representatives from the departments of
Planning, Engineering, Fire, City Manager and other as may be
necessary. You are invited to this meeting to explain the project
and respond to staff recommendations. Upon completion of this
review, staff will prepare final staff recommendations to be sub-
mitted to the Planning Commission. The final report with rec-
ommendations will be available at the. Planning Department rive days
prior to the Planning Commission hearing (Friday afternoon prior to
the Planning Commission meeting date).
7) Hearing: The Planning Conmnission meets every 2nd and 4th Wednesday
of the month at 7:00 P.M., or as indicated on the Planning
Commission calendar. Depending on the type of application, the
Planning Conunission will either make a recommendation and forwa.rd
to City Council or take final action.
Appeals: Final actions by the Planning Commission may be appealed
to the City Council, provided such appeal is filed within ten
(10) days after the Planning Conunission action. The applicant
should review with staff the procedure on the various types of
applications.
9) Final Decision: The City will notify the applicant and property
owner of the final decision.
FORM: PLANNING 36 DATE OF PLANNING COMMISSION APPROVAL DEC. 6, 1978.
APPLICANT DISCLOSURI-: FORM
In order to assist the members cf the Planning Commission and City Council
to avoid possible conflicts of interest, all applicants are required to
complete this disclosure form at the time of submitting their application.
When this form has been completed and signed, the information will be relied
upon by them in determining if a conflict may exist, so please ensure that
all of the information is completed and accurate. If at anytime before a
final action on your application has been rendered, any of the information
required by this disclosure changes, an amendment reflecting this change must
be filed.
If the applicant is an individual, or a partnership (either general or limited)
or a joint venture, please state the full name, address and phone number of
each person or individual (including trusts) who ov/n any beneficial interest
in the property which is the subject of this application. Should one or more
parties to the application be a partnership or joint venture, then please
state the fuil legal name of the partnership or joint venture, its legal
address and the name and address of each individual person who is a general
and/or limited partner or member of the joint venture.
Should one or more of the parties be a privately held corporation (10 share-
holders or less) or a real estate syndication, then please state the state of
incorporation or syndication, corporate number, date of incorporation or
syndication, corporate or syndicate address, and the full names and addresses of
each individual shareholder or syndicate member. Should the corporation be
a publically held corporation, then state the full name and address of the
corporation, the place of its incorporation, number of shareholders, and the
name and address of the officers of the corporation.
Should you feel that additional information needs to be provided in order to
provide a full disclosure, please include it.
CASE NO: ZC-222/CUP-189
BACKGROUND DATA SHEET
APPLICANT: (Correia) Jack In The Box
REQUEST AND LOCATION: Zone Change from RP to C-2/ and a CUP for a Drive-Thru
restaurant on the south side of Elm Ave, between Harding Sinreet and 1-5
LEGAL DESCRIPTION: Lots 11, 12, 13, 14, 15 and 16 in Block 66 of Tbwn of
Carlsbad Amended according to map thereof Nb. 775 filed in the office of the
county reoorder on IJiarch 12, 1915.
Assessors Parcel Number: - ^c^^ -
Acres .16 No, of Lots
03 & 08
GENERAL PLAN AND ZONING
General Plan Land Use Designation N (Neighborhond CYsmmf^mi^l)
Density Allowed
Existing Zone R-p
N/A Density Proposed ^/A
Proposed Zone c-2
Surrounding Zoning and Land Use:
Zoning
North C-2
South R-P
East
West
Land Use
C-2
R-P
PUBLIC FACILITIES
School District
Water Distirict
Sewer District
N/A
City of Carlsbad
City of Carlsbad EDU's As Required
Public Facilities Fee Agreement, dated
(Other:
October 23, 1980
X
ENVIROt<IMENTAL IMPACT ASSESSMENT
Negative Declaration, issued Dec. 18, 1980 Log No. ZC-227
E.I.R. Certified, dated
Other,
If after the information you have submitted has been reviewed, it is determined
that further information is required, you will be so advised.
APPLICMJT;
AGENT
FOODMAKER, INCORPORATED
Name (individual, partnership, joint venture, corporation, syndicationj
9330 Balboa Avenue San Diego, California ^123
Business Address
714 - 571-2121
Telephone Number
Leandro Correia
Name
9330 Balboa Avenue P. 0. Box 783 San Diego, California 92112
Business Address
714 - 57.1-2285
Telephone Number
MEMBERS
Name (individual, partner, joint
venture, corporation, syndication)
Home Address.
Business Address
Telephone Number Telephone Number
Name Home Address
Business Address
•
Telephone Nupiber Telephone Number
(Attach more sheets if necessary)
I/We declare under penalty of perjury that the infomiation contained in this di;
closure is true and correct and that it will remain true and correct and may be
relied upon as being true and correct until amended.
FOODMAKER, INC. (Leandro Correia,
Applicants ^(^Qj^g^-j-u^tion Engineer)
BY
Owner, Partner
.All.
*i,6 Garnet Av%
si^ Diego, Calx''.rni:. 92109
J
MAU TAX STATEMEhrrS TO (— -"I
Nom, Foodmaker, Inc. (#36)
P. O. Box 783
KHdZl San Diego, Calif. 92112
I City &
Stot« I j
FILE/PAGE No. l^^^^
RECORDED REQUEST OF
IiriE INSOfiANCf & IRL'Sr CO.
OCT 13 9:00 AM '67
SERIES 8 BOOK 1967
./ OFFICIAL RECORDS
SAN DIEGO COUNTY, CALIF.
fl. S. GRAY, RECORDER
SPACE ABOVE INE FOR RECORDER S USE
Grant Deed AFFIX I.R.S. ABOVE
TO 403 C (4-67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
EARCO, a co-partnership consisting of R. R. Robinson and K. E. Ebright
hereby GRANT(S) to JACK-IN-THE-BOX DEVELOPMENT CORP., a California
corporation
the following described real property in the City Of Carlsbad
Countyof San Diego , State of California:
Lots 13, 14, 15 and 16, in Block 66 of TOWN OF CARLSBAD, City
of Carlsbad, according to Map thereof No. 535 filed in the
office of the County Recorder of San Diego County May 2, 1888.
:UNIT£D STATE5
5INTERNAL R£VE«L»E:
CO
o
Dated August 18^ 1967 EARCO, a
STATE OF CALIFORNIA
COUNTY OF^Syo
On ^•^c-^.,-.-r^ 2^
Of. <>
jss. [
before me, the undersicned^.^ Nota Public in and for said State, personally appeared
.known to me
to be_ _of the partners of the partnership
that executed the wilhin instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seaL
T
DOROTHY V. BRANOH
WT C0«MMiMio«>Eiinr«K9;pri^(}7wi11*Anted)
DOROTHY .V. B^O^
NOTARY rjelip-CAUK/RM/ ^
PRINCirA^ Off;CE IH
SAN OIEGO COMNTY >
(ThU aru tar •«cUI Mtarial tMl)
i^T t Tr 11 ri ITf AC rNincr-Tcrv A o^\/c