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HomeMy WebLinkAboutRP 84-04A; POLLOS MARIA DRIVE THRU WINDOW; Redevelopment Permits (RP) (2)1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Office of the City Clerk TELEPHONE (619) 434-2808 (EitQ 0f (EarlBbaii APPEAL FORH I (We) appeal the fonowing decision of the Design Review Board to the City Council: Project Name and Number (or subject of appeal): PQUQS Maria RP 84-04(A) to amend an existing redevelopment permit to add a drive-through window to an existing restaurant. Date of Decision: December 2, 1992 Reason for Appeal: Minutes of the meeting refer to "inadequate queuing of vehicles" by staff; and, a request by myself "for queuing (sic) should be reduced". This is untrue. Six (6) spaces for queuing were provided, which does comply with the engineering department's (unwritten, unadopted and legally unenforcable)standards. All safety issues raised will be mitigated by a concurrent action to secure adjacent off-street parking and access rights. February 16, 1993 , Date AnCHIT-URA J. MICHAEL WINFIELD. AIA [619) 481-6500 225 PLAZA STREET SOLANA BEACH, CA 92075 Signature J, Michael Winfield AIA c/o Architura Name (Please Print) 10457 A Roselle St. Address San Diego, CA 92121 (619) 481-6500 Telephone Number 10457A ROSELLE ST SAN DiEGO. CA 92121 March 3, 1993 VlC^OP JAMES DOMIN'ELLI J MICHAEL VVINf=lELD. AiA City of Carlsbad City Cour. .1 1200 Carl:.bRd Vi'lace Drive Carlsbad, CA. v. .} o RE: Pollos Marias Dear Council Members: An appeal of a DRB Action ((RP8404) will come before you on March 16, 1993. We reguest that a discussion of parking and access leases as requested in this letter be made a part of that hearing. If this is not acceptable, we are willing to withdraw our appeal providing, that we are allowed to refile our amendment reguest within 1 year, and fees be waived. BACKGROUND Polios Maria is a minority women owned business in the redevelopment area of Carlsbad. As taxpayers, Marie Davies and Carmen Gastelum hcive operated a relatively successful entei-prise on Harding Street in Carlsbad. As an owner-operated restaurant business, they have poured their heart and soul into their business, Pollos Maria's food quality reflects that. The majority of their business is family sized takeout meals. As a convenience to their loyal customers, a drive-thru window is being proposed, (RP 8404). This appeal of a DRB action will soon come before you. As citizens of Carlsbad, the owners of Polios Maria are requesting that the City Council not prejudge their request before all of the facts are presented. Pollos Marias March 3, 1993 REQUEST This letter is a formal letter of request for 2 items: 1) To lease (4) offsite parking spaces from the city at the adjacent city owned parking lot. This lot serves the Harding Community Center across the street. According to the development approval file, the center is available. This lease would be similar to that granted to the Fish House Vera Cruz. 2) To lease access rights from the City through the above mentioned lot as shown on the enclosed drawing. This access ^ill eliminate virtually all of the safety issues raised by staff regarding a drive-thru window. These leases would provide financial revenue to the City, without any negative impacts to the public. Polios Maria will then have the ability to improve its service to the public while strengthening their economic viability. Sincerely, ARCHITURA iA MICH..EL Wi:^FIELD, cc: Redevelopment Dept City Attorney February 16, 1993 TO: CITY CLERK FROM: SENIOR MANAGEMENT ANALYST, DEBBIE FOUNTAIN POLLOS MARIA APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY AMENDMENT TO MINOR REDEVELOPMENT PERMIT 84-04 (A) TO ALLOW ADDITION OF A DRIVE-THRU WINDOW This memo is forwarded to you to confirm that the Housing and Redevelopment Director gave Mr. Michael Winfield permission to submit his appeal of the above noted Design Review Board Decision after the January 25, 1993 deadline. No specific final date was given to Mr. Winfield for resubmitting his appeal. Therefore, please accept the appeal submitted by Mr. Winfield on the morning of Tuesday, February 16, 1993. As discussed with Karen Kundtz this morning, our office will assume responsibility for determining whether or not the refiled appeal is "valid" based on the action taken by the Design Review Board. Thank you for your patience throughout this situation! If you have any questions, please contact me at extension 2935. DEBBIE FOUNTAIN c: Housing and Redevelopment Director Deputy City Attorney Citv of Carlsbad Housing & Redevelopment Department February 16, 1993 J. MICHAEL WINFIELD, AIA ARCHITURA 10457-A ROSELLE STREET SAN DIEGO, CA. 92121 A ^i^^'^^ 131)3 RE: POLLOS MARIA APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY T^MENDMENT TO MINOR REDEVELOPMENT PERMIT 84-04 (A) TO ALLOW ADDITION OF A DRIVE-THRU WINDOW Dear Mr. Winfield: On December 14, 1992, you submitted a request to appeal the decision of the Design Review Board (DRB) denying an amendment to minor Redevelopment Permit 84-04 (A) to allow addition of a drive-thru window at the existing Pollos Maria restaurant located at 3 055 Harding Street. The City Attorney reviewed your request for an appeal and determined that the appeal was invalid as originally submitted to the City Clerk's Office. On January 15, 1993, a letter was forwarded to you which outlined the action you needed to take to refile your appeal. Although you missed the deadline of January 25, 1993 to refile your appeal, the Housing and Redevelopment Director agreed to accept your appeal as soon as you were ready to submit it. Your appeal was subsequently filed with the City Clerk's Office on February 16, 1993. Staff has scheduled the Pollos Maria appeal for a public hearing before the Housing and Redevelopment Commission on March 16, 1992. As stated in our January 15, 1993 correspondence to you, the public hearing notice materials (labels, etc.) you are required to submit to the Housing and Redevelopment Office were due on February 16, 1993. We have not yet received these materials in our office. In order to properly notice the public hearing for your appeal, these items must be submitted immediately. Otherwise, the Commission will not be able to consider your appeal at their March 16th meeting. 2965 Roosevelt St., Suite B • Carlsbad, California 92008-2389 • (619) 434-2810/2811 (D PAGE 2 - J.M. WINFIELD 2/16/93 If you have any comments/questions regarding this matter, please contact my office at 434-2935. ^nserely, DEBBIE FOUNTAIN Senior Management Analyst c: Housing and Redevelopment Director City Attorney City Clerk Associate Planner, Eric Munoz T CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (619) 434-2891 RONALD R. BALL FAX: (619) 434-8367 CITY ATTORNEY KAREN J. HIRATA January 15, 1993 DEPUTY CITY ATTORNEY J. Michael Winfield, AIA Architura 10457A Roselle Street San Diego, CA 92121 RE: POLLOS MARIA Dear Mr. Winfield: After our conversation yesterday, I thought I should clarify some of the provisions of the municipal code because you are under the impression that the necessity of a public hearing in this case is an unintended result of the Village Redevelopment ordinance. This is not the case. Carlsbad Municipal Code section 21.35.110 states that two types of decisions made by the Design Review Board may be appealed to the Housing and Redevelopment Commission. Any interested person may appeal a decision of the Design Review Board on a minor project, or a decision to deny a project which is not minor. The appeal rights correspond to decisions which are final decisions of the Design Review Board, i.e. a decision to deny or approve a minor project or a decision to deny any other project. Carlsbad Municipal Code section 21.35.115 states that all appeals on redevelopment permits shall receive a public hearing. This language is clear and does not appear to be inadvertent. In fact, all hearings on permits before the Housing and Redevelopment Commission receive a public hearing. I also disagree with your opinion that, as a practical matter, property owners within 600 feet of this project do not need to receive notice of the proposed change in use of the property from an essentially take-out restaurant to a "drive-thru". Testimony at the Design Review Board revealed that parking is a problem and the small size of the property will require the "drive-thru" to be one- way with cars entering through the alley in back. This will impact the traffic circulation on the frontage street as well as adjacent streets such as Carlsbad Village Drive. The adjacent property owners should receive notice of this appeal because it may impact the traffic circulation next to their homes and businesses. (D I regret that your client will be required to spend $300 to send out these notices. However, she will receive a benefit if the appeal is granted and her business is increased. Very truly yours. KAREN J. HIRATA Deputy City Attorney afd c: Evan Becker, Housing & Redevelopment Director Debbie Fountain, Senior Management Analyst, Housing & Redevelopment Michael Holzmiller, Planning Director Citv of Carlsbad Housing & Redevelopment Department January 15, 1993 J. MICHAEL WINFIELD, AIA MCHITURA 10457-A ROSELLE STREET SAN DIEGO, CA. 92121 RE: POLLOS MARIA APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY AMENDMENT TO MINOR REDEVELOPMENT PERMIT 84-04(A) TO ALLOW ADDITION OF A DRIVE-THRU WINDOW Dear Mr. Winfield: On December 14, 1992, you submitted a request to appeal the decision of the Design Review Board (DRB) denying an amendment to minor Redevelopment Permit 84-04 (A) to allow addition of a drive-thru window at the existing Pollos Maria restaurant located at 3 055 Harding Street. The City Attorney has reviewed your request for an appeal and determined that the appeal is invalid for the following reason: The Design Review Board took action on your application dated September 26, 1992 to allow tandem parking in conjunction with the addition of a drive-thru window. This is the only decision vhich can be appealed to the Housing and Redevelopment Commission at this time. The questions regarding whether or not the City Council is willing to lease adjacent public parking spaces or grant access through a public parking lot were not part of the application. Therefore, the Housing and Redevelopment Commission will be unable to consider them as part of the appeal. Although you are required to file a "valid" appeal within ten (10) calendar days following the Design Review Board decision, the City Attorney has stated that we may grant you an extension of time in order to allow you to refile your appeal. Attached is an appeal form for you to complete and return to my office within ten (10) days of the date of this letter. Please note that the "reason for appeal" section of the form should be used to outline your response as to why you believe the application you submitted to the Design Review Board on December 2, 1992 should be approved by the Housing and Redevelopment Commission. If the appeal is not granted and your project is denied, you may choose to either discontinue your efforts to add a drive-thru window to the Polios Maria restaurant or submit a new application with a redesign of the project including an alternate parking and site access plan. 2965 Roosevelt St., Suite B • Carlsbad, California 92008-2389 • (619) 434-2810/2811 ^ CJ> PAGE 2 - 1/15/93 J.M. WINFIELD For your information. Section 21.54.130 of the Carlsbad Municipal Code states that "no application for...any amendment to a previously issued permit or plan shall be accepted if a substantially similar application has been finally denied within one year prior to the application date." The Planning Director is tasked with the responsibility of determining if a subsequent application is substantially similar to the previously denied application; his decision is final. In response to your letter of January 11, 1993, the City Attorney has confirmed that your request for an appeal will be scheduled as a public hearing. You will, therefore, be required to comply with the noticing requirements as outlined within Chapter 21.54 of the Carlsbad Municipal Code. Also, per your reguest, your appeal of the noted Design Review Board decision will be scheduled for the Housing and Redevelopment Commission meeting of March 16, 1993. The materials you are required to submit to notice the public hearing must be submitted to our office no later than February 16, 1993. If you have any comments/questions regarding this matter, please contact Debbie Fountain, of my staff, at 434-2935. Sip4:erely, EVAN E. BECKER Housing and Redevelopment Director c: City Attorney City Clerk Associate Planner, Eric Munoz ^ ARCHITURA mm 10457A ROSELLf«|' '^^^l^ SAN 1 ! liiiili t • ' ' • L i ' ..-.4- DIEGO. CA j^^tl f/l j^^jS] 4B1 -esoQ ^ 4-i i-f I j r--j--pCity--^:erk: , \ ymsr:^l^4-^ H- i riTY^'OF^CARLSBAD -j-4200 -Carlsbad Village -Drive - ~ - |--jCarl sbad, --CA "9 2 0 0-8 --Y-Yr-Y^'TT''" I ! t 1—T'-r -t-t- -rt"!' i i'"^ 4_j_4_44-Re8-"MPollos -Marl - DRB -to -amend^-4xisting -i-i. 1 HT i l j l j TTedevelopment Tpermit "to provT.de "a -^Tir'ive-iiF~j7^HH~irH"- ( ! T I i • I ; I j pyjGldowr'IIIli :. ; -^O-WHOlt-lIT: MAY CONCERN: -T—\— TT rt a r-r r t-T-r !AB -ihe-bwners 'f^gent— for -Pollos Mar i a,respect fully i I '— ' ' » : • ' ' ^ • • • t"t T peguest7-ito 4_4- . ,.4_|_^.4_i^ommunity . Devel opment . Commi hear ing L£or ,.6 Q-day s JE or r~W--w--4--l---the-:following--rreasons: ' ^ ; ^ : . i t ^ ' T -i—?—1—" J-iJl.JJTQ^ask^rity-lAttorney -J:o make a determiiiation ,„of..U» -^f~f—""•^'equirement' of- a -public hearing & -noticing -for an f Illl^r_™[llnniritl IZlP^ ^^^^velopment ^ejnnitT^IThe ..--i-^j_-^X.L^^^^^ -a .public - hearing..,-4--Why.-.would ,an_~4-' _| „;_4^^.^^^t^ that "decision fall into- that-category? -T"H- SEime..i.to -^assemble - 600 —loot radius .public Jnotice~ -i-1- package.--H11 may not be necessaryi) 1 I 4-|.-^.^..-^_i„j3 ^J,J„ Time 4to _!conf er -. with -^-Engineering - & ^-Redevelopment . ^ , nT-i'~ri TT staff-^tof-study^ ^|-|- *~t~-" rr ^''lr'f~"^~Cr""r^cessary r! ' r .Tl~ T J~ li..,.; UJ^;I14.A"O,,£11 II^O'IL-J-......... „r.;.l.....J' •'^ZlTZI:.'.-Vl..I ' ' T T' ^ ^1 • td" I"-j--t-|Jv"Micl^ - Winf ield,- -AIA - :---f .-4--, j- city Attorney T f—i—l— •-H4m:-tH- [ 7 rj -•~;..0ebbie Fountain, Redevelopment Department * I" [ f 1 iT^^^^^C^ Marie Davies,TPoilos„Waria'"rZI: 7^ I Citv of Carlsbad Planning Department FAX TRANSMITTAL DATE: Mr-i //. i^n f t \ n ^ TIME SENT: / . TO: COMPANY: NUMBER OF PAGES BEING TRANSMITTED: (INCLUDING FAX TRANSMITTAL) FROM: DEPT: PLANNING PHONE #: FAX#: PHONE #: (619) 438-1161 ext. y/Y; FAX#: (619 438-0894 SPECIAL INSTRUCTIONS: PS 2075 Las Palnnas Drive • Carlsbad, California 92009-4859 • (619) 438-1161 Citv of Carlsbad Housing & Redevelopment Department Redevelopment Division December 29, 1992 J. MICHAEL WINFIELD, AIA ARCHITURA 10457A ROSELLE STREET SAM DIEGO, CA. 92121 1993 RE: POLLOS MARIA DR IVE-THRlU WINDOW, 3055 HARDING STREET Dear Mr. Winfield: Thank you for your letter of December 15, 1992 to the City Council regarding your request for the City of Carlsbad to enter into an agreement with Pollos Maria for the purposes of leasing public parking spaces and access rights to allow appropriate space for a drive-thru window at the restaurant site, 3055 Harding Street. Your letter was forwarded to my office for a response. First, I would like to clarify for you the action taken by the Design Review Board on December 2, 1992. The Board reviewed the plans submitted on September 26, 1992 with the Pollos Maria application requesting an amendment to an existing redevelopment permit (84-4) to allow tandem parking in conjunction with the addition of a drive-thru window. The Board took action to deny the requested permit amendment based on the information submitted with the application. They did not consider design alternatives, as a part of the application, nor were they asked to consider alternate parking and/or site access arrangements. If the Board had wished to do so, they could have referred the application back to staff to resolve the parking and access issues before taking final action on the matter; they did not choose to do so. It is important to note that the Design Review Board members generally expressed agreement that the Polios Maria site is not large enough to accommodate a drive-thru window regardless of the parking and site access issues. This is the same concern staff expressed in several letters and telephone conversations on this subject. Even If the parking issue could be resolved, the fact that the site is too small to accommodate a drive-thru window remains an unresolved issue. The gueuing space for vehicles waiting for drive-thru service is inadequate regardless of vhere vehicles are parked in relation to the site. In considering your appeal, the Housing and Redevelopment Commission will review the Design Review Board's report, consider the evidence and take one of the following actions: 2965 Roosevelt St. • Suite B • Carlsbad, CA 92008 • (619) 434-2811 • Telefax 720-2037 1. Uphold the Design Review Board's decision to deny the amended permit by denying the appeal. (This will be staff's recommendation) 2. Reverse the Design Review Board's decision by granting the appeal and approving your plans as outlined within the application submitted to the Planning Department on September 26, 1992. 3. Reverse the Design Review Board's decision by granting the appeal and conditionally approving your plans as outlined within the application submitted to the Planning Department on September 26, 1992. Your request for a lease of public parking spaces and access rights could be considered by the City Council as a solution to the problems with the drive-thru window. However, the request would need to be considered as a separate matter. If the City Council were to approve the lease of public parking spaces and access rights, you would be required to resubmit your application for additional review and subsequent action by the Design Review Board and/or Housing and Redevelopment Commission. Please note again, however, that resolution of the parking and access issues does not resolve the primary problem with the proposed drive-thru window which is that the site is simply too small for this type of use. A copy of the staff report regarding your appeal of the Design Review Board decision will be forwarded to you as soon as it is approved for distribution. Staff has tentatively scheduled your appeal hearing for January 19, 1993 during the City Council/Housing and Redevelopment Commission meeting which begins at 6:OOpm in the City Council Chambers at 1200 Carlsbad Village Drive. If you have any questions regarding this matter, please contact my office at 434-2815 or Debbie Fountain at 434-2935. Sincerely, Evan E. Becker Housing and Redevelopment Director c: City Manager/Assistant to City Manager Principle Civil Engineer, Bob Wojcik Association Planner, Eric Munoz ^ CITY OF CARLSBAU^ REQl^pT FOR ACTION [OFI OFFICE OF THE CITY MANAGER Referred to • Please Handle • Flease Call Requestor • Investigate and Report ^ Respond Directly/Send Copy of Response w/RFA • Draft Reply for Signature RETURN COMPLETED REQUEST TO LDGJ BY I^J<^9 Requestor's Name J.Ml Wad lAZ/Hf^'d/i Date J^/l/jJ^J^ Address Phone # City :5m Oi tQO CA ^^IPJ Explanation of Request. .Received By Action Taken j ETV^ OP Rf?^PO^>T)C /^TTpCriLP) R^^PRRF.D ^ Foeuj^gor.r^ ^A<^ U::>(MF/f%LO . OV fif-.HF^LF OF PQCL^. mAR^A. hAie. NA- V;»Ajr<F)n |g> /^PPeTAtJM^-, f\ ORf^ D£C^S^O^0 TD rjV A PeJZmtT T=o<g> A- ngtv/— - T^-f^M /x3/^;c->r.f^•^ • 1-4 I^ L,eT-T-Eg Requestor Notified of Action Taken: • Yes • No Handled By gVAhJ iSr.Ct^F/e Dept./Div. HS^-f Date /z/z^/y^ (Return original white copy with response) 10457A ROSELLE ST. SAN DIEGO, CA 92121 ieisj-aai-6aoo l-i i ! ! M { M ! ' M l-U ViOTOff OAMCO pQMi>.<.gl-U .M.."CHA(=L VyiNPlELjg^A. December 15,11992 Members of -the City-Council Ci ty Council JOff ices' 1 j -JZ CITY -OF CARLSBAD \ •• ^nCM ijTgCT ^ARCHITECT j :i: IT I TI —-t- Tr TT 1200 Carlsbad Village Drive ~ ;Car 1 sbadr. CA;92008 TIZTTZIT Re: - Polios Mariaj^Restaurant ZZIZZ^ D 5 5THa]cdiS.--St i:jeetCl_-I .1-:-. Ul-- i i I .1 I i ; iX ; : : ! ^ ; ' •tT _ ._—' Dear CouncilT ti rn 44. T TTT X ! > • t I Please accept- this - f ormal -reque s t -on - behal f - of - Pol los - Maria .44we respectfully"request the"following: r =-i n u i-j-i i I j i 1) - That the City of -Carlsbad lease 4 — 5 parking-spaces-to Polios Maria from* the ~adj acent Harding "Street "Publ ic~LbtT^T~t IMI 2) j M i T i Additionally,—we -request—permission -to,—6r-r-to -lease -access 'ri ght s f rom^he Ci ty; to ^11 ow~ a'"* s treet "ehtrance* ;f rom'Hard 1 ng Street _to _:the -.aliey ...to ..¥he west> : : Tliis 1 access —iouid -L-^ potentially-serve as -a-street -entrance-(withr-proper -signage^ for a "proposed drive-up windowTat^Pollos'Tla' j i • ZTT^...-i-^i:ZuZaT..-^-iTu:' T 7 7 T i ^! i I j j ) I j j T t 1 '(The Housing & Redevelopment-Coirsiission-is-currently^reparing -j-p IL "public~pl)ark^ 1 jledevelopment-^neralTi-Pian7) - ; : I—fT; • --^.j j j . |. j i . , . : i-l. ;-i..... ARCHITURA J. Michael Winfield, cc: -Evan Becker, Redevel opment-CcMomi ssion-- Ms. Marie Davies, Pollos Maria _ .. Ms, jCarmen Gastelum, li^o'llos Mariali-. City of Carlsbad Planning Department November 10, 1992 J. Michael Winfield ARCHITURA 10457 A Roselle Street San Diego, CA 92121 SUBJECT: RP 84-04(A) - POLLOS MARIA DRIVE-THRU Preliminary Staff Report The preliminary staff report for the above referenced project will be available for you to pick up on Monday, November 16, 1992, after 8:(X) a.m. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on Monday, November 23,1992. A twenty (20) minute appointment has been set aside for you at 11:00 a.m. If you have any questions concerning your project, you should attend the D.C.C. meeting. It is necessary that you bring your required unmounted colored exhibits(s) with you to this meeting in order for your project to go forward to the Design Review Board. If you do not plan to attend this meeting, please make arrangements to have your colored exhibit(s) here by the scheduled time above. If you need additional information concerning this matter, please contact Eric Munoz, at (619) 438-1161, extension 4441. CITYJQF CARLSBAD GARY/fe. WAYNE' Assistant Planning Director GEW:ENM:lh 2075 Las Palmas Drive • Carlsbad, California 92009-1576 • (619)438-1161 ^ DATE RECEIVED: ^ REVIEW AND COMMENT MEMO^ Zl . REVISED PLAN • ENGINEERING DEPARTMENT GROWTH MANAGEMENT (MEMO ONLY) POLICE DEPARTMENT FIRE DEPARTMENT ^ BUILDING DEPARTMENT . ' PARKS AND RECREATION DEPARTMENT • , "^V^^ A UTILITIES/MAINTENANCE DEPARTMENT ci ^^^^f'^ LV7( .AP WATER DISTRICT w^, L/A» LANDSCAPE PLANCHECK CONSULTANT 'xfcV, . N SCHOOL DISTRICTT NORTH COUNTY TRANSIT DISTRICTT FROM: Planning Department REQUEST FOR REVIEW AND COMMENT ON APPUCATION NO. NOTE: PLEASE USE THIS NUMBER ON ALL CORRESPONDENCE CONCERNING THIS APPLICATION. PROJECT TITLE; APPLICANT: (Po | j o> At A^^/? PROPOSAL: ^^7^ "7T4^C7 '^\<2A^^ C<^\<^ ^^A-fV ^^^-f-^ l)s2^o/erV- PROJECT PLANNER: Please review and submit written comments and/or conditions to the Planmng Department by 2>S ^ H *^ 2. If not received by that date, it will be assimied that you have no comment and the proposal has your endorsement as submitted. ^^HANKYQLL COMMENTS: ^ feKl .i^pr^je. Q.k, uu^Jr^ rru/ PLANS ATTACHED FRM0020 10/91 SEPTEMBER 16, 1992 TO: ERIC MUNOZ FROM: JIM DAVIS VIA ASSISTANT CITY ENGINEER RP 84-4(A), POLLOS MARIA We have completed our review of the project. We find that the application is technically incomplete due to the lack of a preliminary title report. However, since we cannot support the approval of the project we are recommending the application be found complete. We are recommending that the project be denied because of the following: 1. THE EXIT-ONLY ACCESS WOULD ALSO BE THE ONLY ACCESS TO HARDING STREET. The only entrance to the site would be by the alley. Alleys are not intended to function as the only entrance to a commercial site. Use of alleys as the only access has been allowed in the Redevelopment Area before but not for fast food restaurants. Traffic congestion could occur in the alley at lunch time. This entrance would also be the drive through (take-out-order) aisle. Back-ups in this aisle would occur and cause more congestion in the alley. 2. NOT ENOUGH SPACE WOULD BE AVAILABLE FOR 4 TO 5 CARS TO WAIT BEFORE THE ORDER BOX. The site plan shows 4 cars in line before the order box, however the cars are all of compact car length and lined up bumper touching bumper. There would not be enough space for 4 compact cars to line up in a normal manner with a space between cars. Some standard cars would also be in line. Therefore the site plan does not provide adequate space for 4 to 5 cars. 3. NOT ENOUGH SPACE WOULD BE AVAILABLE FOR 2 TO 3 CARS TO WAIT BEFORE THE PICK-UP WINDOW. The site plan shows 2 cars lined up before the pick-up window, however the cars are all compact car length and are lined-up with bumper touching bumper. For the same reasons in 2 above not enough space would be provided. 4. THE HANDICAPPED PARKING SPACE WOULD BE BLOCKED BY INCOMING CARS. The site plan shows the handicapped space with its only access being the drive through aisle. When the aisle is occupied by cars waiting to order access to the handicapped space would be effectively denied. Cars exiting from this space would disrupt incoming traffic and could cause more congestion in the alley. 5. THE PARKING LOT SHOWN WILL NOT FUNCITTION IN AN ACCEPTABLE MANNER FOR 8 CARS. The site plan shows 8 parking spaces, but only 4 spaces allow cars to enter and exit. The other 4 spaces are end-to-end to the first 4 with no access. This is a tandem style parking more suitable for storage rather than parking. When the 4 last mentioned spaces are occupied no one will want to park behind the cars, therefore the lot effectively functions as a 4 space lot. AUGUST 31, 1992 TO: PLANNING DEPARTMENT, ROBERT GREEN FROM: ACTING HOUSING AND REDEVELOPMENT DIRECTOR COMMENTS ON RP 84-4(A) - POLLOS MARIA DRIVE THROUGH WINDOW IN EXISTING RESTAURANT The Housing and Redevelopment Department has received adequate information to deem the application complete for our purposes. Our department has not been supportive of this request to add a drive through window to the existing restaurant. The following comments outline the concerns Redevelopment Staff has with the request: 1. The proposed drive through window will create an undesirable situation through the increase of on-site vehicle congestion and the impediment to safe on-site pedestrian traffic. 2. There is simply not adequate space on the Pollos Maria site to meet the required standards to add the drive through window. 3. The Redevelopment Department is supportive of Pollos Maria's efforts to enhance their business through addition of a drive through window. However, we are not supportive of this specific effort because we believe it will create a very congested situation which will be detrimental to the area. Attached are copies of letters which have been forwarded to the architect for the applicant, Mr. Michael Winfield, which outlines staff's concerns on this project. The recommendation from the Redevelopment Department will be to deny the permit requested in the noted application. If you have any questions regarding this matter, please contact my office at extension 2935. Thanks, DEBBIE FOUNTAIN Citv of Carlsbad Housing & Redevelopment Department August 3, 1992 MR. J. MICHAEL WINFIELD, AIA ARCHITURA 10457 A ROSELLE STREET SAN DIEGO, CA. 92121 RE: DRIVE-UP WINDOW FOR POLLOS MARIA, 3 055 HARDING STREET Dear Mr. Winfield: Thank you for your patience as. the Carlsbad Redevelopment Agency, with assistance from the City Planning and Engineering Departments, completed an additional review of your proposal for a drive-up window at the Pollos Maria Restaurant located at 3055 Harding Street. The concept/proposal was reviewed for compliance with current standards as well as general desirability for the area. According to the most recent plans submitted to my office, it appears that your proposal may be able to comply with the City's standards for "queue space" for drive-up windows. However, the parking arrangement still presents a problem for staff. As stated in previous letters to you from my office, the "waiting cars" must not interfere with any circulation or parking spaces. Per your current proposal, the handicap parking space will be blocked by cars which may be waiting for service at the drive-up window. Also, staff is not supportive of tandem parking at this location. With tandem parking and a drive-up window, a very congested situation is created on the property which is undesirable from the City's perspective. It appears from the proposed plans that the customer entrance to the restaurant will continue to be off the patio on Harding Street. If this is so, the customers will park in the rear and then be required to walk past the drive-up window in the vehicle traffic area to access the restaurant; this represents an impediment to pedestrian circulation which concerns staff. We are supportive of Pollos Maria's efforts to enhance their 2965 Roosevelt St., Suite B • Carlsbad, California 92008-2389 • (619) 434-2810/2811 fj^ business through addition of a drive-up window. However, it is staff's professional opinion that the proposed drive-up window at the noted location will create an undesirable situation through 1) the increase of on-site vehicle congestion; and 2) the impediment to safe on-site pedestrian traffic. We realize that staff's opinions regarding this proposal have been very frustrating to you. Please understand that it is not our goal to be difficult. We are simply trying to do what we believe is best for the Village Redevelopment Area. If you would like for the Design Review Board to consider the addition of a drive-up window for Pollos Maria, please submit an application for the required permits to the Community Development Counter and pay the appropriate fees. You will be given the opportunity to present your case to the Design Review Board for their consideration. Please understand, however, that Staff's recommendation has not changed; we intend to recommend denial of the application based on the reasons outlined above. If you have any questions or comments regarding this matter, please contact my office at (619) 434-2811. Sincerely, DEBBIE FOUNTAIN Acting Housing and Redevelopment Director c: Property Owner Engineeriiig Department Planning Department Community Development Director Citv of Carlsbad Housing 8c Redevelopment Department June 15, 1992 MR. J. MICHAEL WINFIELD, AIA ARCHITURA 10457 A ROSELLE STREET SAN DIEGO, CA. 92121 RE: DRIVE-UP WINDOW FOR POLLOS MARIA, 3055 HARDING STREET Dear Mr. Winfield: As requested, the City of Carlsbad Redevelopment Agency asked the Planning and Engineering Departments to review your most recent proposal for a drive-up facility at the Pollos Maria Restaurant located at 3055 Harding Street. The concept/proposal was reviewed for compliance with currents standards. As staff stated in previous telephone conversations and written correspondence, the City has drive-up window standards which are required for all similar projects. The drive-up window requirements are as follows: 1) There must be queue space for two to three cars between "pick up" window and "order here" menu board or window. 2) There must be queue space for four to five cars behind "order here" menu board or window. The "waiting cars" cannot interfere with any circulation (i.e., alley traffic) or parking space (incl. employee parking). Although you have attempted to provide a creative solution to the problem, it is still staff's opinion that there is simply not adequate space on the Pollos Maria site to meet the above required standards in order to add the desired drive-up window. You may pursue approval of the drive-up window by the Design Review Board. However, please understand that Staff's recommendation will be to deny addition of the drive-up window to the existing restaurant facility. 2965 Roosevelt St., Suite B • Carlsbad, California 92008-2389 • (619) 434-2810/2811 ffi PAGE 2 - J.M. WINFIELD POLLOS MARIA If you have any questions or comments regarding this matter, please contact my office at (619) 434-2811. Sincerely, DEBBIE FOUNTAIN Acting Housing and Redevelopment Director c: Property Owner Engineering Department Planning Department HOUSING AND REDEVELOPMENT St ^ ISk REDEVELOPMENT OFFICE 2965 Roosevelt Street Suite B Carlsbaci, GA 92008 (619) 434-2811 (Eitu of (Earlfibaa May 6, 1992 MR. J. MICHAEL WINFIELD, AIA ARCHITURA 10457 A ROSELLE STREET SAN DIEGO, CA. 92121 RE: DRIVE-UP WINDOW FOR POLLOS MARIA, 3 055 HARDING STREET i)ear Mr. Winfield: Thank you for contacting the City of Carlsbad Redevelopment Agency regarding Pollos Maria's request to add a "drive up" window to their existing restaurant facility at 3055 Harding Street. The attached concept/proposal was reviewed by the Redevelopment, Planning and Engineering Departments of the City for compliance with currents standards. City staff reviewing the proposal identified two major problems with the drive-up window project. First, as discussed with you previously, one of the strategies for the new proposed Master Plan for the Village Redevelopment Area is to prohibit drive-up and drive-through uses. Second, the City has drive-up window standards which are required for all similar projects. The drive-up window requirements are as follows: 1) There must be queue space for two to three cars between "pick up" window and "order here" menu board or window. 2) There must be queue space for four to five cars behind "order here" menu board or window. The "waiting cars" cannot interfere with any circulation (i.e., alley traffic) or parking space (incl. employee parking). It is staff's opinion that there is simply not adequate space on the Pollos Maria site to meet the above required standards in order to add the desired drive-up window. Staff's recommendation, therefore, is to deny addition of the drive-up window to the existing restaurant facility. PAGE 2 - J.M. WINFIELD POLLOS MARIA If you have any questions or comments regarding this matter, please contact my office at (619) 434-2811. Sincerely, DEBBIE FOUNTAIN Acting Housing and Redevelopment Director c: Property Owner Engineering Department * Planning Department ARCIHITUnA 2S5 PLAZA STREET SOLANA BEACH, CA 92075 [619] 481-6500 VICTOR JAMES DOMINELLI ARCHITECT J. MICHAEL WINFIELD, AIA ARCHITECT March 17, 1992 Ms. Debbie Fountain Housing & Redevelopment Director CITY OF CARLSBAD 2965 Roosevelt, Suite B Carlsbad, CA 92008 Re: Pollos Maria Drive-through window: Proposed Dear Ms. Fountain: This small, existing restaurant, due to its present location on the property, has an existing driveway along the south property line. 1. This existing driveway is not really wide enough for two-way traffic to occur. 2. The adjacent property to the south is a city-owned parking lot. 3. In lieu of an impractical boundary adjustment to add lot width to the south, please see proposed conceptual site plan. 4. The proposed site plan illustrates a possible solution utilizing the adjacent city-owned lot to provide possible ingress. 5. This would involve: a. An access-only encroachment permit from the City. b. Lease payments to the City on a yearly basis at a mutually agreeable rate. c. Encroachment permit or authorization for off-site signage (for directional type monument style). 6. Alternatives include: a. Use of alley only (public way) as ingress point. b. Turn from City lot onto property to avoid use of alley. c. Appointment only for pick-up or phone order to go food only. d. Boundary adjustment. Purchase land from City. Sincerely, ENGl/oe5(?IIOC^ CAf^'T fi^RC>^t . 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