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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