HomeMy WebLinkAbout1981-03-11; Planning Commission; Resolution 1751I ,\
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PLANNING COMMISSION RESOLUTION NO. 1751
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO DEVELOP A NEW DRIVE-
THRU RESTAURANT ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF ELM AVENUE AND HARDING STREET. APPLICANT : JACK-IN-THE-BOX
CASE NO: CUP-189
WHEREAS, a verified application has been filed with the 7
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WHEREAS, said verified application constitutes a request
as provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Municipal Code
the Planning Commission did, on the 14th day of January, 1981,
hold a duly noticed public hearing and continued public hearir
of February 11, and March 11, 1981, to consider said applicatj
on property described as:
Lots 11, 12, 13, 14, 15, and 16 of Block 66 of the Town
of Carlsbad Amended, according to map thereof No. 775
filed on March 12, 1915.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persor
desiring to be heard, said Commission considered all factors
relating to CUP-189.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the city of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearil the Commission APPROVES CUP-189, based on the following
findings and subject to the following conditions:
Findings
1) That the requested use is desirable for the development of the community, is essentially in harmony with the var
PC RES0 #1751
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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.
2) That the site for the intended use is adequate in size
and shape to accommodate the use.
3) That all of the yards, setbacks, walls, fences, landscal
and other features necessary to adjust the requested
use to existing or permitted future uses in the neighbo~
will be provided and maintained.
4) That the street system serving the proposed use is adeql
to properly handle all traffic generated by the proposec
use.
General Conditions
1) Approval is granted for CUP-189, as shown on Exhibit A,
dated February 27, 1981, incorporated by reference and
on file in the Planning Department. Development shall
occur substantially as shown unless otherwise noted in i
conditions.
2) This project is approved upon the express condition thai
building permits will not be issued for development of i
subject property unless the City Engineer determines thi
sewer facilities are available at the time of applicatic
for such sewer permits and will continue to be availablt
until time of occupancy.
3) Approval of this request shall not excuse compliance wii
all sections of the Zoning Ordinance and all other appl:
city ordinances in effect at time of building permit is!
4) This approval shall become null and void if building pel
are not issued for this project within one year from thc
date of project approval.
Planning Department
5) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approvec
by the Planning Director prior to final map approval.
6) Parking lot trees shall be a minimum 15 gallon size.
7) All landscaped areas shall be maintained in a healthy a!
thriving condition, free from weeds, trash, and debris.
8) Any signs proposed for this development shall be design1
in conformance with the city’s Sign Ordinance and shall
require review and approval of the Planning Department prior to installation of such signs. The existing free.
standing Jack-in-the-box sign shall be removed prior to
issuance of building permits.
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9) A uniform sign program for this development shall be sub-
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11) All roof appurtenances, including air conditioners, shall 5
of said receptacles shall be approved by the Planning Dir
masonry wall with gates pursuant to city standards. Loca 4
10) Trash receptable areas shall be enclosed by a 6 foot high 3
mitted to the Planning Department for their review and
approval prior to occupancy of any building.
be architecturally integrated and shielded from view and
the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Buildi Director.
Approval of CUP-189 is granted subject to approval of Zone Change 222.
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This conditional use permit shall expire and all uses
pursuant to it shall cease seven years after the date of
issuance. This permit may be extended for a reasonable
period of time not to exceed seven years upon written
application of the permittee made not less than 90 days
prior to the expiration date. In granting such extension Planning Commission shall find that no substantial advers affect on surrounding land uses will result because of th continuation of the permitted use. If a substantial adve affect on surrounding land uses is found, the extension s
be considered as an original application for a conditiona
permit. There is no limit to the number of extensions tk:
Planning Commission may grant.
This conditional use permit shall be reviewed by the Plar
Director one year after the date of issuance to determine
all conditions of the permit are being met and that the I: does not have a significant detrimental affect on the tra circulation in the vicinity. If the Planning Director de
mines that the use has a significant adverse affect on tk:
traffic circulation, the Director shall recommend that tk:
Planning Commission, after providing the permittee the 01
tunity to be heard, add additional conditions to mitigate
significant adverse impacts. This permit may be revoked
any time after a public hearing, if it is found that the
has a significant detrimental affect on surrounding land
or the conditions imposed herein have not been met.
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14) The applicant shall stripe a limit line and place a
directional and control sign, for vehicles stacking to
enter the drive-thru lane, near the display board. The
location of said striping and sign shall be subject to tk
approval of the Planning Director and City Engineer. The
directional and control sign shall be incorporated in the
sign program and a permit obtained prior to its installat
28 15) During peak hours, two Jack-in-the-Box employees sha11 be
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stationed in the parking lot, one to take orders and the other to direct traffic at the driveway exit on Elm Avenu for a period of two months from the date of final occupan
3 16) The applicant shall provide bominite or colored stamped
concrete to denote a pedestrian crossing through the driv
walkways shall be incorporated in the building plans.
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thru lane and pedestrian walkways and entrances. These
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Engineering Department
17) The developer shall install a wheelchair ramp at the
public street corner abutting the subdivision in conforma
with city of Carlsbad standards prior to occupancy of any
buildings.
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The applicant shall file an adjustment plat to consolidat lots prior to obtaining a building permit.
The applicant shall enter into a lien contract for the future construction of a median island along the propert1
frontage on Elm Avenue prior to obtaining a building pern
The exit from the drive-thru lane shall be a minimum of 1
feet wide, shall have a minimum inside radius of 14
feet and a minimum outside radius of 24 feet and shall hc
a minimum distance of 8 feet (12 feet preferred) from the
property line at the closest point.
21) The parking area on the south side of the building shall
signed as "Employee Parking Only" subject to the satisfac
of the City Engineer prior to final occupancy.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held
the 11th day of March, 1981, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners Leeds, Larson, Roml
NOES: Commissioners Jose and L'Heureux
and Friestedt.
ABSENT: None
ABSTA1N:None.
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