Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1995-10-04; Planning Commission; ; SDP 93-01A|CUP 93-01A - PRIME AUTO CENTER DRIVE-THRU RESTAURANT EXPANSION
1le l1ty " ('alju PlmJJc Dtpartmelt ( A REPORT TO THE PLANNING COMMISSION e7«2 P.C. AGENDA OF: October 4, 1995 Item No.@ Application complete date: August 25, 1995 Project Planner: Anne Hysong Project Engineer: Mike Shirey SUBJECT: SDP 93-0l{A)/CUP 93 -0l(A) -PRIME AUTO CENTER DRIVE-THRU RESTAURANT EXPANSION -A request for a site development plan amendment and conditional use permit amendment to allow a 929 square foot expansion of a previously approved drive-thru restaurant located at the southwest corner of Palomar Airport Road and Paseo Del Norte in the CT-Q zone and Local Facilities Management Zone 3. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3820 APPROVING SDP 93-0l(A), and ADOPT Planning Commission Resolution No. 3823 APPROVING CUP 93-0l(A) based on tbe findings and subject to the conditions contained therein. II. INTRODUCTION The applicant is requesting approval for the proposed expansion of a previously approved 711 square foot Rally's drive-thru restaurant to a 1,640 square foot drive-thru restaurant. The proposal includes the elimination of one of the drive-thru lanes and outdoor eating area, and adds 9 onsite parking spaces. The project is consistent with the Commercial Tourist (CI) zone and the findings required by the Qualified Overlay Zone (Q) and Conditional Use Ordinance can be made. III. PROJECT DESCRIPTION AND BACKGROUND On November 17, 1993, the Planning Commission approved a site development plan and conditional use permit for the Prime Auto Center, located to the south of existing freeway service uses at the southwest comer of Palomar Airport Road and Paseo del Norte. As approved, the center includes a car wash and lube facility, currently under construction on the western half of the 1.35 acre site, and a Rally's drive-thru restaurant on the eastern half of the site fronting Paseo del Norte. The approved restaurant is a small, narrow structure consisting of a walk-up order window, two drive-thru lanes located along the north and south building elevations, and an outdoor eating area. As illustrated by Exhibit "A", the SDP 93-0l(A) -PRIME AuecENTER DRIVE TIIRU RESTA~.iXPANSION OCTOBER 4, 1995 PAGE2 proposed redesign changes the site design as follows: 1) eliminates the northern drive-thru lane and outdoor eating area; 2) utilizes the former drive-thru lane and outdoor eating area to expand the restaurant by 929 square feet to 1,640 square feet; and 3) adds 9 onsite parking spaces outside the restaurant's northern entrance. With the exception of the northerly drive-thru lane, the circulation pattern for the restaurant site is unchanged since the southerly drive-thru lane, exit only driveway, parking lots aisles, and the 30' wide main access driveway from Paseo del Norte will remain at their approved locations. As shown on Exhibit "D", the proposed structure consists of California Spanish Mission architectural elements similar to the car wash and auto service structures and is represented on the plans as a Taco Bell restaurant. As required by the Qualified Overlay Zone, staff has returned the project to the Planning Commission for review due to the restaurant expansion and site design changes described above. The approved conditional use permit for the drive-thru lanes requires an amendment since the northerly drive-thru lane will be eliminated and the southerly drive- thru lane will remain as approved. The proposed site development plan amendment is subject to the following land use plans and zoning regulations: A. General Plan Land Use Element; B. Commercial-Tourist (C-1); C. Qualified Overlay (Q) Zone and Conditional Uses; and D. Growth Management Ordinance. IV. ANALYSIS Staffs recommendation of approval for this project is based upon the following analysis of the project's consistency with the applicable General Plan policies and zones listed above. A. General Plan The proposed amendment to increase the restaurant size is consistent with the Travel Recreation (T-R) General Plan land use designation since restaurant uses which are accessible to interregional traffic and cater to the traveling public/industrial areas are intended. SOP 93-0l(A) -PRIME AACENTER DRIVE THRU RESTAuJ..;,XPANSION OCTOBER 4, 1995 PAGE3 B. Commercial Tourist (C-T) Zone The proposed single story drive-thru restaurant expansion is consistent with the building height standards set forth by the C-T zone. Drive-thru restaurants are allowed by conditional use permit in the C-T zone, and approval of an amendment to the approved conditional use permit for the drive-thru is required for the proposed redesign. C. Qualified Overlay (Q) Zone/Conditional Uses Findings required prior to approval of a conditional use permit and site development plan in the Qualified Overlay Zone are very similar; therefore.? findings discussed below apply to both permits. In addition to findings of consistency with the General Plan, conditional uses are subject to findings that they are necessary and desirable for the development of the community and properly related to the site and surroundings, and that the site is adequate to accommodate the proposed development and includes any features necessary to adjust the use to the neighborhood. Additionally, the proposed use should not result in detrimental or adverse impacts to the surrounding area or traffic circulation. The proposed drive-thru restaurant, located within an existing travel setvice facility, will serve the traveling public as well as employees of the surrounding industrial area and is therefore necessary, desirable, and properly related to the site and surroundings. The proposed Spanish architectural style is consistent with the Prime Auto Center development and compatible with surrounding development except the striped awnings proposed over the entry and pick up window. These awnings are attention getting and therefore prohitited by the sign ordinance, and a condition prohibiting them is included in the attached resolution. The proposed wall signage is limited to the northern and eastern building elevations and is in accordance with the City's Sign ordinance standards. The previously approved perimeter landscape design will visually enhance the project by partially screening parked cars and hardscape. Although the restaurant structure will more than double in size, the site is still adequate to accommodate the proposed restaurant expansion. The proposed site design remains essentially the same due to the elimination of the northerly drive-thru lane and outdoor eating area which provides sufficient space for the building expansion and the addition of 9 parking spaces. With the proposed expansion, the required onsite parking for Prime Auto Center is as follows: SOP 93-0l(A) -PRIME Aue CENTER DRIVE TIIRU RF.STAuJcXPANSION OCTOBER 4, 1995 PAGE4 COMPLIANCE WITH PARKING STANDARDS STANDARD REQUIRED PROPOSED Restaurant: 1 space/100 square 17 spaces 17 spaces feet gross floor area Car Wash RetaiVOffice: 1 space/300 square 9 spaces 9 spaces feet of gross floor area Lube: 4 spaces/work bay 8 spaces 8 spaces The onsite circulation pattern is designed to adequately accommodate the additional traffic generated by the proposed restaurant expansion. In accordance with the approved site design, access aisles to parking spaces are separated from the main driveway access and drive-thru aisle to avoid conflicts, and a separate exit driveway onto Paseo del Norte is provided for drive-thru traffic. The drive-thru aisle will accommodate five (5) cars before the order board and three (3) cars before the pick-up window which is consistent with City practice and policy. The project is served by Palomar Airport Road and Paseo del Norte which are both circulation arterial roadways currently operating at acceptable levels. Both of these roadways are adequate to accommodate the additional traffic generated from the proposed restaurant expansion as shown in the table below: ROADWAY CURRENT ADTWTIH ADTWTIH ADTRANGE ADT (LOS) APPROVED PROPOSED PROJECT PROJECT (LOS) Paseo del 6,100 ADT 6,200 ADT 6,300 ADT 10,000 -20,000 ADT Norte (North (LOS A) (LOS A) of PAR) Paseo del 14,400 ADT 15,500 ADT 16,000 ADT 10,000 -20,000 ADT Norte (South (LOS A) (LOS A) of PAR Palomar 33,800 ADT 34,500 ADT 34,800 ADT 20,000 -40,000 ADT Airport Rd. (LOS A) (LOS A) (West of Paseo del Norte) Palomar 30,800 ADT 31,100 ADT 31,200 ADT > 40,000ADT Airport Rd. (LOS A) (LOS A) (East of Paseo del Norte) SOP 93-0l(A) -PRIME AtAtCENTER DRIVE TIIRU RESTAJt!XPANSION OCTOBER 4, 1995 PAGES C. Growth Management Ordinance The proposed site is located within Local Facilities Management Zone 3 in the southwest quadrant of the City. The impacts created by this use on public facilities and compliance with the adopted performance standards are summarized below: GROWfH MANAGEMENT COMPLIANCE STANDARD IMPACTS COMPLIANCE City Administration NIA YES Library NIA YES Waste Water Treatment 2.0 EDU YES Parks NIA YES Drainage NIA YES Circulation 650ADT YES Fire STATION #4 YES Open Space NIA YES Schools NIA YES Sewer Collection System 2.0 EDU YES Water 440 GPO YES V. ENVIRONMENTAL REVIEW Upon completion of an environmental impact assessment for the proposed project, the Planning Director has determined that the environmental effects of the project have been considered in conjunction with a previous project for which a Negative Declaration was adopted on November 17, 1993; therefore, a Notice of Prior Environmental Compliance was issued on September 4, 1995. ATIACHMENTS 1. Planning Commission Resolution No. 3820 2. Planning Commission Resolution No. 3823 3. Location Map 4. Background Data Sheet 5. Local Facilities Impact Assessment Form 6. Disclosure Form 7. Notice of Prior Environmental Compliance dated September 4, 1995 8. Planning Commission Resolutions No 3570 and 3571, dated November 17, 1993 9. Reduced Exhibits 10. Exhibits "A -E" dated October 4, 1995 AH:kr • PALOMAR AIRPORT RO w ~ ~ z ..I w Q 0 w (I) f • r I PRIME AUTO CENTER SOP 93-01 (A) -BACKGROUND DATA SHEET e CASE NO: __ S ___ D ..... P __ 9 __ 3 __ -0 __ l .... (A_,) _____________________ _ CASE NAME: Prime Auto Center Drive-Thru Restaurant Expansion APPLICANT: Prime Auto Investments, Inc. REQUEST AND LOCATION: A Site Development Plan amendment to allow a 929 square foot restaurant expansion of a previously approved restaurant located at the southwest comer of Paseo de! Norte in the C-T-0 zone. LEGAL DESCRIPTION: Portion of wt H. Rancho Agua Hedionda, Map 823. APN: 211-050-15 Acres: 1.35 Proposed No. of wts/Units: NI A (Assessor's Parcel Number) GENERAL Pl.AN AND ZONING Land Use Designation _T ___ r ___ a __ v __ el_-R ______ e ___ cr ___ e ___ at .... io ___ n _________________________ _ Density Allowed ___ N_/ __ A---___ Density Proposed __ N ___ I __ A ____ _ Existing Zone _C---__ T __ -_.O,__ ___ Proposed Zone _____ _ Surrounding Zoning and Land Use: (See attached for information on Carlsbad's Zoning Requirements) Zoning Land Use Site C-T-Q Car Wash/Lube Facility North C-T-O Mobil Gas/Denny's South C-T-O Hadley's Parking wt East R-P Ca!Mil West T-C Interstate 5 PUBLIC F ACIUTIES School District Carlsbad Water District Carlsbad Sewer District Carlsbad Equivalent Dwelling Units (Sewer Capacity) ___ 2 __ . ___ 0 ______________ _ Public Facilities Fee Agreement, dated ...::A:..:.p""'n=·1,_2=•r....=19"""9""'3'----------------- ENVIRONMENT AL IMPACT ASSESSMENT _ Negative Declaration, issued ______________________ _ _ Certified Environmental Impact Report, dated ________________ _ Other, Notice of Prior Compliance dated September 4, 1995 K:\ADMIN\MERGE\DOC\BDS.DOC REV.7/91 -CITY OF CARLSBAD - GROwrH MANAGEMENT PROGRAM LOCAL FACil.lT~ IMPACTS ASSESSMENT FORM (To be Submitted .with Development Application) PROJECT IDENTITY AND IMPACT ASSESSMENT: FILE NAME AND NO: Prime Auto Center Drive-Thru Restaurant Expansion LOCAL FACIUTY MANAGEMENT ZONE: ...;;3=-------GENERAL Pl.AN: --'T=--=R=------- ZONING: --=C--'-T=--....__ __________________________ _ DEVELOPER'S NAME: Prime Car Wash Investments. Inc. ADDRESS: 6725 Mesa Ridge Road. Suite 218. San Diego. CA 92121 _PHONE NO: (619) 450-6606 ASSESSOR'S PARCEL NO: _2 __ 1 ___ 1-_0_50_-_15 ________ _ QUANTITY OF I.AND USE/DEVELOPMENT (AC., SQ IT., DU): 1.640 square feet/ 1.35 acre site ESTIMATED COMPLETION DATE: A. B. C. D. E. F. G. H. I. J. K. City Administrative Facilities: Demand in Square Footage = NIA Library: Demand in Square Footage = NIA Wastewater Treatment Capacity (Calculate withJ. Sewer) Park: Drainage: (Identify master plan facilities on site plan) Circulation: (Identify Trip Distribution on site plan) Fire: Open Space: Schools: (Demands to be determined by staff) Sewer: (Identify trunk line(s) impacted on site plan) Water: Demand in Acreage = NIA Demand in CFS = NIA Identify Drainage Basin = NIA Demand in ADTs = 650 ADT Served by Fire Station No. = 4 Acreage Provided - Demand in EDUs - Identify Sub Basin - Demand in G PD - NIA NIA 2.0 3B 440 K:ADMIN\MERGE\DOC\LftA.DOC REV. 7/91 - City of Carlsbad -46iiilii,t•l•i4•Biii,,i4,il DISCLOSURE STAilMENT A?l=IUCANT'S STA-:-eveNT t;F :1SCLOSURE OF CERTAIN OWNEF:ISHIP IN'TE~ESTS ON ALL APPLICATIONS Wl-llCI-I WILL ,:ieau,FIE .:1SCFIET10NARY ACTION CN r1-1E PART OF n-t! CITY COWNCIL. OR ANY APPOIN'TEO BOARO. COMMISSION OR CCMMm'EE : Please Print) The following information must be disc!o~ed: 1 . Applicant List the names and addresses of all persons having a financial interest in the application. AeA/2::'f-SlllltillTCt' 2. Owner List the names and addresses of all persons having any ownership interest in the property involved. &v t 6M4'A'& 11-1-1/l/ffe 3. If any person identified pursuant to (1) or (2) above is a corporation or partnership, list the names and addresses of all individuals owning more than 10% of the snares in the corporation or owning any partnership interest in the partnership. 4. lf any person ldeulltled pursuant to (1) or (2J 1b0v1 is I non-profit organlz1Uon or I trust, list the names and addresses of any person serving u officer or director of the non-profit organiZ1Uon or a trustee or beneficiary of the trust. tf?I.Yt lf,{L.i,141{ /J,)gNrt:f: TRUST dated May JS, J98J Bay and Bacbaca Wiater Tr11stees FRM00013 l/90 2075 Laa Palmaa Orlv• • Carlsbad. California 92009-4859 • (619) 438-11 61 • -' (Over) Disclosure Statement Page 2 5. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions,pommittees and Council within the past twelve months? Yes _ No L If yes, please indicate person(s) __________________ _ f!m!! le deflMd u: 'Ant lnclMdual, firm, copa,tMnhlp, joint venture, ueocldon, eoclal club, frmmal organlzalk)n, co,pordon, Mtate, truec, receiYe • ayndlcete, Ihle and.,,, other county, cltv and county, cltv IIIUNClpallly, dlelrtct or octw pollllcal eubdlvlelon, or.,,, octw group or combination acting u • unit.' ~: Attach additional pag• aa necessary.) Ray W. Winter, Trustee Print or type name of owner Print or type name of applicant FRM0001 12/91 • - City of Carlsbad M:Q6hi,ii,i·l•24·kilhei4eil PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Planning Department has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: SOP 93-01 (A) -PRIME AUTO CENTER Project Location: Southwest comer of Paseo del Norte and Palomar Airport Road Project Description: An amendment to the approved site development plan to increase the size of the fast food restaurant structure from 711 square feet to 1,640 square feet and to eliminate one drive-thru aisle. Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. DATED: CASE NO: SEPTEMBER 4, 1995 SOP 93-01 (A) APPLICANT: PRIME AUTO CENTER PUBLISH DATE: SEPTEMBER 4, 1995 AH:vd M~~ Planning Director 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (6'19) 438-'1 '16'1 ·" ,. .. -" l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI'IY OF CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT PLAN NO. SDP 93-01 ON PROPER1Y GENERALLY LOCATED SOUTH OF EXISTING DEVELOPMENT AT THE SOUTHWEST CORNER OF PASEO DEL NORTE AND PALOMAR AIRPORT ROAD IN THE COMMERCIAL TOURIST ZONE. CASE NAME: PRIME AUTO CENTER CASE NO: SDP 93-01 WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and 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 17th day of November, 1993, consider said request on property described as: Portion of Lot H, Rancho Agua Hedionda, Map 823. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to SDP 93-01. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVE SOP 93-01, based on the following findings and subject to the following conditions: l. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Findings: 1. That the requested use is properly related to the site, surroundings and environmental settings, and will not adversely impact the site, surroundings or traffic circulation; The proposed project will occupy a portion of an existing freeway service facility containing a minimum of two freeway servicing uses. The proposed restamant and automobile service use are travel serving and therefore properly related to the site, and the car wash will provide a necessary automobile related service to travelers and nearby industrial employees. The project site and architectural design will not adversely impact the SUITounding area since the site has been designed. to ensure proper functioning and the proposed architectural style is compatible with surrounding development. 2. All findings of Planning Commission Resolution No. 3571 for CUP 93-01 are incorporated herein by reference. 3. Th.is project is consistent with the CT Zone and Qualified Overlay Zone and meets all requirements of Chapter 21 of the City's Municipal Code. 4. Approval of SOP 93-01 is granted subject to approval of CUP 93-01. Conditions: 1. All Conditions imposed by Planning Commission Resolution No. 3571 for CUP 93-01 are incorporated herein by reference. PC RESO NO. 3570 . ,; 1 2 3 4 5 6 7 8 9 10 11 - PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to ·wit: AYES: NOES: ABSENT: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary & Etwin. Commissioner Welshons. Commissioner Hall. ABSTAIN: None. A.·,;" -n~ ::t~.··/ BAILEY NOBLE, Chairperson ---~ i CARLSBAD PLANNING COMMISSION 12 ATTEST: 13 14~- 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I PLANNING DIRECTOR PC RESO NO. 3570 -3- ' ,t J. 2 3 4 5 6 7 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • PLANNING COMMISSION RF.SOLUTION NO. 3571 A RESOLUTION OF THE PLANNING COMMISSION OF 'I'HE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THRU RESTAURANT, CAR WASH AND AUTO MOBILE SERVICE FACILITY ON PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF P ASEO DEL NORTE AND PALOMAR AIRPORT ROAD SOUTH OF THE EXISTING DEVELOPMENT. CASE NAME: PRIME AUTO CENTER CASE NO: CUP 93-01 WHEREAS, a verified application has been filed with the City of Carlsbad and ref erred to the Planning Commission; and 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 17th day of November, 1993, hold a duly noticed public hearing to consider said application on property <lesc1ibe<l as: Portion of Lot H, Rancho Agua Hedionda, Map 823. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to CUP 93-01. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) B) That the foregoing recitations are true and correct. That based on the evidence presented at the public hearing, the Commission APPROVE CUP 93-01, based on the following findings and subject to the following -conditions: l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 22 23 24 25 26 27 28 • Findings: 1. 2. 3. 4. The existing automobile service station in the CT zone which do not provide services such as automobile lube and oil or full service car washes are complemented by the lube and oil facility and car wash uses; these use.s are therefore consistent with allowing automobile service stations and car washes in conjunction with automobile service stations in the er zone (Chapter 21.29.050). Fluorescent tube or neon lighting on the building exteriors which is not a part of an approved sign is an attention getting device prohibited by the Sign Ordinance (Chapter 21.41.050(2) of the Carlsbad Municipal Code). That the requested use is a necessary or desirable for the development of the community, b) is essentially in harmony with the various elements and objectives of the general plan, and c) is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located; a). b). c). The requested uses are necessary and desirable for the development of the community at this location since restaurant and automobile related services are proposed a,; part of an existing freeway service facility providing necessary services to travelers and to employees of nearby industrial development; The project is in harmony with the various elements and objectives of the General Plan since the underlying Travel Service designation allows commercial service uses accessible to interregional traffic which wiU serve business and industrial areas as well as the traveling public. The proposed commercial service uses and the site's location at the intersection of Palomar Airport Road and Paseo del Norte adjacent to the I-5 freeway enables easy and direct access from I-5 and from industrial parks located along Palomar Airport Road; and The project is not detrimental to eXISnng uses or to uses specifically penni tted in the zone in which the proposed uses are to be located since the site has been designed to ensure proper functioning and the proposed architectural style is consistent and compatible with surrounding development. Potential noise and visual impacts to surrounding uses have been reduced to insignificant levels by project landscaping and a noise barrier around the Rally's outdoor eating area. That the site for the intended use is adequate in size and shape to accommodate the uses by ensuring a site design which provides through-circulation and avoids potential conflicts from waiting cars enabling the smooth flow of traffic through the site. Adequate parking is provided in close proximity to each use and PC RESO NO. 3571 -2- l 2 3 4 5 6 7 8 9 ' 10 11 12 13 14 15 16 17 181 19 I 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. - perimete.r and interior landscaping totaling 19% of the site is provided. That all of the yards, set backs, walls, fences, landscaping, and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained; Design features necessary to adjust the requested uses to existing and permitted uses in the neighborhood will be provided and include compatible architecture, perimeter and interior landscaping to screen and separate uses, parking and signage in accordance with the Parking and Sign Ordinances, adequate queuing areas for each use, and through-circulation allowing easy and direct access to interregional traffic. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The street system serving the proposed usec;; is adequate to properly handle the additional 1,426 trips projected to result from this project with surrounding road segments and intersections continuing to operate at acceptable levels in accordance with Growth Management standards. The proposed addition of a 66 square foot Rally's sign to the existing freestanding pole sign will not exceed 25% of the replacement value of the existing pole signs. The Rally's sign will be affixed to an existing pole sign below the existing signs allowing for relatively easy removal. The Sign Ordinance permits a maximum of 250 square feet of freestanding (pole) sign.age on any lot which constitutes a freeway se:rv:i.ce facility and consists of two or more freeway serving uses. The existing freeway se:rv:i.ce facility consists of two freeway serving uses and the proposed addition of 66 square feet of Rally's signage to the existing 168 square feet for a total of 234 square feet of pole signage is consistent with code. Since signage must be visible from some distance to alert travelers of the need to exit the freeway or highway to access uses located within a freeway service facility, the intensification of the nonconforming freestanding pole sign located within an existing freeway service facility is necessary for the development of the freeway service facility and therefore the community, consistent with the Travel Service General Plan land use designation, and not detrimental to uses permitted in the Commercial Tourist Zone. PC RESO NO. 3571 -3- l 2 3 4 5 6 7 8 9, 10 11 ! 12 i 13 14 15: 16 17 18 19 20 21 i 22 23 24 25 26 27 28 - Conditions: 1. 2. 3. 4. s. 6. 7. Approval is granted for CUP 93-01, as shown on Exhibit(s) "A"-"L", dated November 17, 1993, incorporated by reference and on file in the Planning Departmenl. Developmenl shall occur substantially as shown unless otherwise noted in these conditions. The developer shall provide the City with a reproducible 24" x 36", mylar copy of the site plan as approved by the Planning Commission. The plan shall reflect the conditions of approval by the City. The plan copy shall be submitted to the City Engineer and approved prior to building, grading, final map, or improvement plan submittal, whichever occurs first. This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the District Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the City Council on July 28, 1987 (amended July 2, 1991) and as amended from time to time, and any development fees established by the City Council pursuant to Chapter 21.90 of the Carlsbad Municipal Code or other ordinance adopted to implement a growth management system or facilities and improvement plan and to fulfill the suhdivider's agreement to pay the public facilities fee dated April 2, 1993, a copy of which is on file v.rith the City Clerk and is incorporated by this reference. If the fees are not paid this application will not be consistent with the General Plan and approval for this project will be void. Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and the Carlsbad Municipal Water District, dated May 25, 1983. This project shall comply \'Vi.th all conditions and mitigation measures which may be required as part of the Zone 3 Local Facilities Management Plan and any amendments made to that Plan prior to the issuance of building permits. If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid unless the City Council determines that the project without the condition complies with all requirements of law. PC RESO NO. 3571 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 8. This approval shall become null and void if building permits are not issued for this project within two years from the date of project approval. 9. Approval of CUP 93-01 is granted subject to the approval of SOP 93-01. 10. This conditional use permit is granted for a period of 10 years. This conditional use permit shall be reviewed by the Planning Director on a yearly basis to determine if all conditions of this permit have been met and that the use does not have a significant detrimental impact on surrounding properties or the public health and welfare. If the Planning Director determines that the use has such significant adverse impacts, the Planning Director shall recommend that the Planning Commission, after providing the permittee the opportunity to be heard, add additional conditions to mitigate the significant adverse impacts. This permit may be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect on surrounding land uses and the public's health and welfare, or the conditions imposed herein have not been met. This permit may be extended for a reasonable period of time not to exceed 10 years upon written application of the permittee made no less than 90 days prior to the expiration date. In granting such extension, the Planning Commission shall find that no substantial adverse affect on surrounding land uses or the public's health and welfare will result because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or the public's health and welfare is found, the extension shall be considered as an original application for a conditional use permit. There is no limit to the number of extensions the Planning Commission may grant. 11. If the property owner/ owners' address changes from that which is shown on the conditional use permit application, a notice of a change of address shall be reported, in writing, to the Planning Department within 30 days. 12. Prior to the issuance of the building permit there shall be a Notice of Restriction placed on the Deed to this property subject to the satisfaction of the Planning Director notifying all interested parties and successors in interest that the City of Carlsbad has issued a Conditional Use Permit and Site Development Plan by Resolution Nos. 3570 and 3571 on the real property owned by the declarant. Said Notice of Restriction shall note the property description, location of the file containing complete project details and all conditions of approval as well as any conditions or restrictions specified for inclusion in the Notice of Restriction. The restrictions referred to in said notice may be modified or terminated only with the approval of the Planning Director, Planning Commission or City Council of the City of Carlsbad whichever has final decision authority for this project. PC RESO NO. 3571 -5- J. 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 ! 19 20 21 22 23 24 25 26 2.7 28 - 13. Trash receptacle areas shall be enclosed by a six-foot high masomy wall with gates pursuant to City standards. Location of said receptacles shall be approved by the Planning Director. Enclosure shall be of similar colors and/or materials to the project to the satisfaction of the Planning Director. 14. All roof appurtenances, including air conditioners, shall be architecturally integrated and concealed from view and the sound buffered from adjacent properties and streets, in substance as provided in Building Department Policy No. 80-6, to the satisfaction of the Directors of Planning and Building. 15. No outdoor storage of material shall occur onsite unless required by the Fire Chief. In such instance a storage plan will be submitted for approval by the Fire Chief and the Planning Director. 16. The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Planning Director prior to the approval of grading or building plans, whichever occurs first. 17. All parking lot trees shall be a minimum of 15 gallons in size. 18. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 19. All landscape plans shall be prepared to conform with the Landscape Manual and submitted per the landscape plan check procedures on file in the Planning Departmenr. 20. Landscape plans shall be designed to minimize water use. Lawn and other zone 1 plants (see Landscape Manual) shall be limited to areas of special visual importance or high use. Mulches shall be used and irrigation equipment and design shall promote water conservation. 21. The developer shall avoid trees that have invasive root systems, produce excessive litter and/ or are too large relative to the lot size. 22. Planter width shall be a minimum of four ( 4) feet, not including curb, footings and/or other paving, and parking overhang. 23. Prior to :final occupancy, a letter from a California licensed landscape architect shall be submitted to the Planning Director certifying that all landscaping has been installed as shown on the approved landscape plans. 24. The applicant shall pay a landscape plan check and inspection fee as required by Section 20.08.050 of the Carlsbad Municipal Code. PC RESO NO. 3571 -6- l 2 3 4 5 6. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25. The minimum shrub size shall be S gallons. 26. 30% of trees in industrial and commercial projects shall be 24" box or greater. 27. Any signs proposed for this development shall at a minimum be designed in conformance with the City's Sign Ordinance and shall require review and approval of the Planning Director prior to installation of such signs. 28. The applicant shall remove the wood posts located adjacent to the southern property lease Jine and the northern boundary of Hadley's parking lot. 29. Project lighting shall be directed downward to avoid light spillage onto adjacent properties. 30. Fluorescent tube lighting proposed as an architectural element on buildings in this development is strictly prohibited. 31. A uniform sign program for this development is included as part of this project. Prior to issuance of a sign permit for individual signs, the Planning Director shall determine that signage is compatible in color and material with signage existing within the freeway service facility which includes the Mobile Gas Station and Car Wash and Denny's Restaurant. 32. Offices within the car wash structure are restricted to onsite uses which may include car wash, car service facility, and fast food restaurant personnel only. 33. Prior to issuance of a grading or building permit, whichever occurs first, the applicant shall provide evidence of an approved Coastal Development Permit. 34. Prior to issuance of building perm.its, the applicant shall submit a color mate.rials board for Planning Director approval. These shall be consistent with materials and colors proposed by the applicant during project review. 35. The pole signage shall be abated consfatent with the requirements of any future ordinances implementing the LCP which set a time limit for conformance with the sign requirements of the LCP. 36. The red plastic canopies with neon lights as shown on R.ally's architectural elevation, Exhibit "F", shall be replaced with stucco coated canopies consistent with the building exterior and subject to the approval of the Planning Director. PC RESO NO. 3571 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- Engineering Conditions: 37. 38. Unless a standards variance has been issued, no variance from City Standards is authorized by virtue of approval of this site plan. The applicant shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 39. The applicant shall be responsible for coordination with S.D.G.&E., Pacific Bell Telephone, and Cable 1V authorities. 40. Prior to building permit issuance the applicant shall pay all current fees and deposits required. 41. Pretreatment of the sanitary sewer discharge from lhis project may be required. In addition to the requirements for a sewer connection permit the applicant shall conform to the requirements of Chapter 13.16 of the Carlsbad Municipal Code. The applicant shall apply for an industrial waste water discharge permit concurrently with the building permit for this project. 42. Prior to hauling dirt or construction materials to or from any proposed construction site within this project, the applicant shall submit to and receive approval from the City Engineer for the proposed haul route. The applicant shall comply with all conditions and requirements the City Engineer may impose with regards to the hauling operation. 43. The applicant shall comply with the City's requirements of the National Pollutant Discharge Elimination System (NPDES) permit. The applicant shall provide best management practices to reduce surface pollutants to an acceptable level prior to discharge to sensitive areas. Plans for such improvements shall be approved by the City Engineer prior to issuance of building permit. Water Conditions: 44. The entire potable and non-potable water system, reclaimed water system and sewer system shall be evaluated in detail to ensure that adequate capacity and pressure and flow demands are met. 45. The developer shall be responsible for all fees, deposits and charges which will be collected at time of issuance of the building permit. The San Diego County Water Authority capacity charge will be collected at issuance of application for meter installation. PC RESO NO. 3571 -8- l 2 3 4 5 6 7 46. Sequentially, the Developers Engineer shall do the following: A. B. C. Meet with the City Fire Marshall and establish the fire protection requirements. Prepare a colored reclaimed water use area map and submit to the Planning Department for processing and approval. Schedule a meeting with the District Engineer for review, comment and approval of the preliminary system layout usage (G.P.M. -E.D.U.) plan for potable, reclaimed and sewer systems prior to the preparation of improvement plans. 8 47. This project is approved upon the expressed condition that building permits will not be issued for development to the subject property unless the water district serving the development determines that adequate water service and sewer facilities are available at the time of application for such water service and sewer permits will continue to be available until time of occupancy. This note shall be placed on the final map. I 9] 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Fire Conditions: 48. 49. 50. 51. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional onsite puhlic \•\Tater mains and fire hydrants are required. Applicant shall submit a site plan to the Fire Department for approval, which depicts location of required, proposed and existing public water mains and fire hydrants. The plan should include off-site fire hydrants within 200 feet of the project. Applicant shall submit a site plan depicting emergency access routes, driveways and traffic circulation for Fire Department approval. 52. An all-weather, unobstructed access road suitable for emergency service vehicles shall be provided and maintained during construction. When, in the opinion of the Fire Chief, the access road has become unserviceable due to inclement weather or other reasons, he may, in the interest of public safety, require that construction operations cease until the condition is corrected. 53. All required water mains, fire hydrants and appurtenances shall be operational before combustible building materials are located on the construction site. PC RESO NO. 3571 -9- .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 · 54. Private roads and driveways which serve as required access for emergency service vehicles shall be posted as fire lanes in accordance with the requirements of section 17.04.020 of the Carlsbad Municipal Code. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 17th day of November, 1993, by the following vote, to wit: AYES: NOES: ABSENT: Chairperson Noble, Commissioners: Schlehuber, Betz, Savary & Erwin. Commissioner Welshans. Commissioner Hall. ABSTAIN: None. ATTEST: w PLANNING DIRECTOR PC RESO NO. 3571 BAILEY NOBLE, Chairperson .. -~' CARLSBAD PLANNING COMMISSION -10- I I TYPICAL 5[REET Sl:CTltrY • CA5.EO DEL Nat?TE ~-~~:·ao .. ,, ... :t~, acn• ,.o,osro 10111, •.•• c-T TOTAL ILDG. tLOTI COUI-.Gt •.•. i/10 1.r. MJILDI-C TUUI.ITJOII CH Ill.I■ Dl'U,IL ..,, .. te:n [PPP ~·-· TOTAL i...•osc•••..a ....•. 10.,00 •. ,. Oftl TOTAi. OPP 11,ttJI •••••••• :SJ.HT l,r. &Ru.GI ... IL1 ftAFPJC •~• c-a•••••······ ..... .co unt ............ , ....... ll U■T FOOII •••••• '"fflM,"jHI ....... ..,.._. ••~••,.,,.,_..ac. ~ ~-::.-::.-=.-=.-_-_-_ .::-::-• ~::::::,~?:z~•u' ,-==:lt:::~'..:"=''=:::· ==[=e=...,=·="'~"~•l 1.-...&. Naealffl•• au. ftolT l'OITI .. or LDT ........ ewe a.ou• 11tDIClltD1.. I• Tift c1n Df CAIUHD. courn o, ..... onoo. IT .. Tr 0, C'ALIFOl'IIU,, IC'C'CIHI-TO""' TIIIUDP ... UJ, r11.u 111 TIii orr1c1 or ~ •anaac·" cuuau •inn 5Tl2EET PLAN TIii coaan HCDaOlt or ... DIIGO COUSTT, ■O"t'DIIH II, IHI. ,·-~:.ci &alUNa'I •uc-n. .a. Ul .... •11 =-~::~ 0 1.ca, .. ,... 11 ,,.,. ,. .. ""' "'" ,." .. " 1,1n ... 1u11•11•n •m• 11111 ft ....,w. 1cau. am.cu• DIIIINH, ,t,\JC'-1 U'~T~u,TION ---· , ........... PHIIOln ""'' ■IU. IICIID '!'Ill £~~~~1;f£,~~~~~;,b~~~-;-~_•-__ u_•"_"_"_••_u_n_ft_• __ -_......, __ ~ .... ,_ ·--·--···· ---· ,.,.,~, ·::.l PA5EO -01:L NORTE ..?·"'::.··:: .:.r. I UJ$T/Ni- Mm,t. /',1/CJJ.,ITY l7 I! 'I ' ~;r!f ";: .,.,,,:, ;,: rL ,cit ~Ill •· =-,r:-., ~D tllf-,... ,11 ... -~-.• ·1,1, .,,,,,..,.. " ~~,_' b ~-_,,. I!! t tl; s Ii: ~ .. < -..... ~a.~ [ii] .. --i! ii! !:3 i! a El ! ,_ ,.,.,, ... 11.,. ~TEO &-••PIIS. -q,zo SP-I ,j ' I .. CO,T- f : ); : ~t I, -.!. ~ I, I :? ,. "' ,l ln .. :., It N I-I ;., ' I,, ., I t ! 1r N ' FORM GUILD INC. . -, r'" 2·-0· rl'-0 l/2" 2·-0· r-w 112· 1·~11, l W:CIIOCN.-I -! c--1 r~,u-::ti.::-.1 .. I I I ,, I : II I .. tl ~ ~ ~II -----1~ '-) l - ~l I uliJ :;a [iii] PANTRr _ __ _ j COOLER ..__ 1• All SPACI ~ 1/1~ n~::, . ---1~ s -.. -~~·::J ---11 ___.-~J -.,- , .. □ -I A00f'ACCDS -t-~.-[ii] l)R uiil WORK AREA ]Vi ~l--16CP' Sf« L CASH CiiJI f d:. . . ~·1- ,. -rRAVll'JI I WINDOW omcE J' l:l .... .. -R,,,.-·,. > l '{L [ii]MEN (ii] KITCHEH \ RESTROOM ., ', , -----; Gl .......... .. .. 1·-0t . 'I' ! B ,.,,~ ~ift / [iii] \ J .,. I ' ~ tJ:d, WOt.lEH I 1·-.,~ESTltOO~/ •• n□I r.----------~ ., .. "' --r---------0 DRIVE-THRU l I CiiJSERVIHG AREA WIHDOW ll )) II 1I ,l~.,.._MJ. .... DlJ 1 'O'-U.IEOW 1I ) 7 / I L-----SERVICE COUHTER ,I / _.../ /? ----------------.../? -----------=" ·~ ' TOT AL euL.DING SQ FT. 1.M7 ,.._,,,. uiiJ DINING AREA \:I. l""'I""'"" I - I I I I 1-.:J I I .. _,.. ,,_.,. ••-a• i ,._.,. ,._., . •·-o: Li•-1• 11111 Ln• l'-1 'J •. _,.. 12'-<1' ·•-11• \:, -:, ·-· ~Dir 10•-· ~ e I U'IUl!Wa;AH!C ii -""\ □ ~L:.r-o· I -:, .,. ~ I-I ;., I,, -' I ' I lo .I .. \ii ,I N FO RM GUILD 34102 Violet Lantern, Dana Point, CA 92629 714-443-1820 • FAX 443-1828 TACO BELL REST AU CARLSBAD, C I RANT I I. ~ A .... -----' • -CLATfta.lllOQIIINI.: ,_91.£NDZl'I, stNCWU>MDM~ IY LN1'B Sl'ATEI TU CO. TOIMT04 CM..,.. • -GAL\WIIIDIIIIITALCAN\MHNI ·-CAI',._ 11 • WM.I. STUCCO-QI. 110~MIMNWACT\IRIDS, KUlll:I· --1111,.T TO MATCH CM WA1H . ··••Al.II FAl.lt: WOOD MFTVI CMIN'l1!D WITN IEfril.aM1IN W00fll --EXTEIU0R ~ MADY IU MIUMN'T NtTI) TO..._?Ot CM -I __, ... 11J, 11&. 111D•Z1IW0001TRNUNOBll'TUCCO,..-. --(PAIN'RDWITM._,,,....MOOIIII.DT.~IWADYIU -.wff- I ... _,_ Vl.lTA WN.J. ST0AUJlONT IVSTEM Wfflt Q.£M OU.U I ......... Al,J,MINUl,IFIIAlll&(TOIMTCHIIIIU.Wff...,., 7 ---H0UOW MIITALGOOll & ~ (......,., TO IMTOI S1l.CCO -.us» I --IDUMMIIIDOMDT. ~MNIJMII. IM.UMIT-aa TO IIMoTCHt:111___. I .....,_ ..,-ALDOQD& CANICT(l'MfflDTO •10tffUCC0Wlil.LS l -·-r ,. -FLD.•FACEC'.MCPYCOWEA EXTERIOR FINISH SCHEDULE Rl6+-IT SID!: El.!:VATION © © A. B. © A. II \ -~j1jj -~ff,·; .... -'-- l.e·'JIIIS1 ---:,a.,u. -·-_____ 1 ~ © ~ER POST & MENU BOARD . ~---~ Do · Not . ,..t1 Enter I SICNACE ELEVATIONS _....., --.r. --.. , . .,..,) @ :. ,.,, PRIMARY TACO BELL SICN ..,tc.MI -V!~ ........ ~ ...... ~fl•'JIIIIII""' -Y~"!'".._ • ...,-"" --_,._· ~t,-'JifcJ,~ -'-....C-. -:r,, ..,._ .. ..,:;.,,1.""·" --- ~"°'.'.~ .. ~ -....... ----- ----.... : I 1 . ' I ' ' I ' ' ------'tc-P_~:!_E? _EEL!:'_ORTE ------1: .......... ___ _ ---------SKONDARY TAC '°4." PREVIEW MENU BOARD ,C,WCM.1 © L~ ________________________________ _j...!;:""":.!•:..:•::!·"":::-c-:::....._ _____ ~S:!..iTE:.!:....P~L:;;A:;N.:...:.H::_,T:.:,H~S:,:;IG>:;:::N:;:A:::,::,::!E:...::.LOG::::::'.::A:.:.T:.::10:.:.NS:::_J.... _____ ...:;i=:iJ];;;:;::D;.;;Aa.TA;..J . □ _,. ... --....... l :! I 0-A1 -. ,.··. • I ... ~:. _T~ -~ " f -= I MA, e 11•.,.. •~nHM ......... .,. .. .. ·•••_,.. INM nnn■ •r cu..in1■u, ,... ....... ..., •• -.a, aaa.-. ~! •--~ • .,...,.. --■an·u, ......,_,._,. a.Tl .. ~ 1M1 .. rrc• ••-r.a• 1u1 ....,__ ..-...~-, ..... ~lo1'-~lle'I~ ----•-•no-.... , 1. -rr• 1u1ea.rro■, •• ■-&lff ........ ,_ -----· .,.__ '-"-·-••.,.. -••-•• •-• corn .. -·--·---------.._... ............ ,. .. -... l-■T.u.&. W......._ -1c1.u1• ■ara ......... ...-..a.a:"TD.---~ ····-~ •• ••fl.I ... , ....... ·-· a-caa-..... , .. ....._ •••• .,. .,_.._....._ ....... ff -· .u.&. ..,._.., ....... ,. -·--11"111 ... an.,........,....,..._,.,,. __ \ \ PH, :7KW aP V ~ PRELIMINARY LANO;CdPE RAN • -I -1·'-~. -~ _;,;,.•-~; . ·. ~ .·: ·;, , _ _,;.. \ s --.. .,.,, -~ -.cz• -~l'O -e LS•/ .. -