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1994-18RESOLUTION NO. PC 94-18 A RESOLUTION OF THE PLANNING COMMISSION APPROVING A MAJOR USE PERMIT FOR CONVERSION OF AN EXISTING SERVICE STATION FACILITY TO A DRIVE-THROUGH RESTAURANT WITH GASOLINE SALES, ALONG WITH RELATED SITE IMPROVEMENTS FOR THE PROPERTY LOCATED AT 411 SANTA FE DRIVE IN CARDIFF (CASE NUMBER 94-117 MUP) WHEREAS, a request for consideration of a Major Use Permit and Variance was filed by UNOCAL Inc. to enable a proposed conversion of an existing service station to a drive-through restaurant (with some indoor seating) with gasoline sales, with related site improvements including signage and landscaping, in accordance with Chapters 30.74 and 23.08 of the Encinitas Municipal Code, for the property located in the General Commercial (GC) zone at 411 Santa Fe Drive in Cardiff, legally described as: That portion of the Northwest quarter of Section 22, Township 13 South, Range 4 West described in deed recorded in the Office of the San Diego County Recorder on May 9, 1968 as File # 152611 if Official Records; and WHEREAS, a public hearing was conducted on the .application on September 27, 1994 by the Cardiff Community AdviSory Board, at which time the Community Advisory Board voted to refer the item to the Planning Commission directing staff to reflect in the staff report to the Commission the Board's concerns related to traffic/circulation, parking, and potential noise impacts from the orderingspeaker/microphone; and WHEREAS, a public hearing was conducted on the application on October 27, 1994, by the Planning Commission; and WHEREAS, the Planning Commission considered: The September 27, 1994 staff report to the Community Advisory Board with attachments; The October 27, 1994 staff report to the Planning Commission with attachments; Application and project plans consisting of site plan, landscape plan, floor plan, exterior elevations, roof plan and building details consisting of 6 sheets dated received July 25, 1994; 4. Oral evidence submitted at the hearing; 5. Written evidence submitted at the hearing; and CD/tc/lO/94117M~3P.RES (10-31-94) WHEREAS, the Planning Commission made the following findings pursuant to Chapters 30.74 and 23.08 of the Encinitas Municipal Code: (SEE ATTACHMENT "A") NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Encinitas hereby approves application 94-117 MUP subject to the following conditions: (SEE ATTACHMENT "B") BE IT FURTHER RESOLVED that the Planning Commission, in its independent judgement, finds this project exempt from environmental review pursuant to Sect. 15301 (e) of the California Environmental Quality Act (CEQA) which exempts additions to existing structures of this type totaling 10,000 sq. ft. or less in an urbanized area. PASSED AND ADOPTED this 27th day of October, 1994, by the following vote, to wit: AYES: Lanham, Patton, Rotsheck NAYS: Bagg, Jacobson ABSENT: None ABSTAIN: None ATTEST: Sandra H. Holder Secretary Lester H. Bagg Chair of the Planning Commission CD/tc/lO/94117MUP.RES (10-31-94) ATTACHMENT Resolution No. PC 94-18 Case No. 94-117 MUP FINDINGS The following findings must be made by the authorized agency to warrant approval of the Major Use Permit in accordance with Section 30.74.070 of the Municipal Code: The location, size, design and operating characteristics of the proposed project will be compatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: a. The adequacy of public facilities, services and utilities to serve the proposed project; b. The suitability of the site for the type and intensity of use or development which is proposed; and c. The harmful effect, if any, upon environmental quality and natural resources of the city; Facts: The proposal involves conversion of an existing service station facility to a drive-through "fast-food" restaurant with the gasoline product sales portion of the use remaining in operation, along with related site improvements including additional parking, landscaping, and signage. Municipal Code Chapter 30.09 allows for drive-through restaurant uses in the General Commercial zone upon issuance of a major use permit by the Planning Commission. Discussion: With regard to the adequacy of public facilities to serve the project and the suitability of the site for the type and intensity of use, the traffic letter report submitted with the application indicates that the project will result in a net increase of 751 ADT's to the adjoining roadway system, but that this amount will not result in a significant increase to traffic levels on Santa Fe or result in a change from its present Level of service "C" based upon buildout assumptions in the area. The 14 parking spaces provided will be adequate since 13 are required for the restaurant use under Code and no more than one additional space will be required for the gasoline sales use. All public services and utilities are in place to serve the project. No element of project design has been identified which could be incompatible with the site or surrounding properties or create any significant environmental impacts. CD/to/10/94 ll7MUP. RES (10-31-94) Conclusion: The Planning Commission finds that the project will continue to be served by existing facilities, will be compatible with adjacent uses and be of appropriate intensity for the site, and is exempt from environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA). The impacts of the proposed project will not adversely affect the policies of the Encinitas General Plan or the provisions of the Municipal Code; and The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Facts: Upon issuance of a major use permit, a drive-through restaurant may be allowed in the GC zone and the gasoline sales use has been legally in existence since 1968. The project complies with all of the technical development standards of the Municipal Code (with the exception of freeway sign and landscaping nonconformities the applicant is allowed to maintain under Chapter 30.76 of the Municipal Code) and no aspects of the project have been identified which are inconsistent with the goals and policies of the General Plan. In conjunction with any approval of a use permit for the subject property, the authorized agency also finds the project consistent with the Design Review findings contained in Chapter 23.08 of the Municipal Code, as follows: a. The project design is consistent with the General Plan, a specific Plan, and the provisions of this Code. Discussion: The project as proposed is allowed with issuance of the use permit in the GC zone in the General Plan and in Chapter 30.09 of the Municipal Code. There is no applicable Specific Plan. b. The project design is substantially consistent with the Design Review Guidelines. Discussion: In terms of site design (Municipal Code Section 23.08.074), the project involves renovation of an existing building and involves site improvements including incorporation of an additional drive aisle around the rear of the building, additional striped parking, and additional landscaping, resulting in an overall improvement to the appearance of the site. No significant grading is proposed and there are no view issues present. In terms of building design (Municipal Code Section 23.08.076), the building is of the same relatively small CD/tc/10/94 ll7MUP. RES (10-31-94) size as the existing one and is thus in scale with the site and the surrounding areas. The modern design of the renovated building (consisting of a white stucco exterior, green/aqua tubular tower feature and accents, and red tile roof) is carried out consistently among all elevations in terms of architectural design, materials, and color. With regard to landscape design (23.08.077) the planter areas are being added around the perimeter of both the building and the site, increasing site landscaping from the present 2% up to 11.5%. The landscaping is predominantly comprised of materials which are drought tolerant once established (and are proposed to be drip irrigated), is of a size which should achieve a mature appearance within 3 years, and accomplishes some softening of the building and of the parking areas. With respect to signing, the wall signs are simple block can letters which are durable and, when reduced to the 43.5 sq. ft. allowed by Code as required by this approval, will be in scale with the building and walls upon which they are placed. The existing large freeway- oriented sign is considered legal nonconforming. Design summary: It is the opinion of the Planning Commission that the proposal is in substantial compliance with the City's adopted design criteria. Co The project would not adversely affect the health, safety, or general welfare of the community. Discussion: The project provides adequate on-site parking and is in scale with the site and surrounding areas. No aspect of the use has been identified which would have any significant adverse affect on the health, safety, or general welfare of the community. de The project would not cause the surrounding neighborhood to depreciate materially in appearance or value. Discussion: The proposed development will upgrade the appearance of the site and thus will cause no material depreciation to the appearance or value of the surrounding neighborhood. Conclusion: The Commission determines that the proposed project is consistent with the General Plan and will not conflict with the Encinitas Municipal Code since the Commission finds that the findings can be made for the use permit and that the project is in conformance with the City's adopted design criteria. CD/tc/10/94117MUP.RES (10-31-94) ATT&CHMENT "B" RESOLUTION NO. PC-94-18 Applicant: Case No.: Subject: Location: UNOCAL 94-117 MUP Conditions of approval for a Major Use Permit to allow conversion of an existing service station to a drive-through restaurant with gasoline sales. 411 Santa Fe Dr. I. SPECIFIC CONDITIONS ae Parking and drive aisles shall be striped and arrows provided to direct traffic through the one-way drive- through circulation pattern to the satisfaction of the City Traffic Engineer. Be In order to minimize circulation conflicts, tanker deliveries shall occur between thenon-peak hours of $ pm and 6 am. Ce The applicants shall execute and record a covenant setting forth the terms and conditions of this approval. De Building plans shall indicate wall signs limited to a combined total of 43.5 sq. ft. in accordance with Section 30.60.100 (D1.) of the Municipal Code, to be found satisfactory by the Community Development Department prior to permit issuance. Ee Pursuant to Municipal Code Section 30.20.010(F4.), building plans shall indicate trash receptacles and adequate areas for collecting and loading recyclable materials enclosed by a six-foot high masonry wall with view-obstructing gates to the satisfaction of the Community Development Department. Fe The ordering speaker/microphone for the drive-through restaurant shall not be operated between the hours of 10:30 pm and 6:00 am. Ge The applicant shall install a standard concrete curb return and repair sidewalk within the right-of-way adjacent to the northwest corner of the site to the satisfaction of the Director of Engineering services. The final landscape plan shall also include landscaping for the area between the sidewalk/curb return and planter area in the northwest corner of the subject property, to be found satisfactory by the Community Development Department prior to issuance of building permits. CD/tc/9/94117MUP.CND (10-31-94) II. STANDARD CONDITIONS 1. GENEI~L CONDITIONS ae This approval will expire in two years, on October 27, 1996, at 5:00 p.m., unless the conditions have been met or an extension has been approved by the Authorized Agency. Be This approval may be appealed to the authorized agency within 15 calendar days from the date of this approval. Ce At all times during the effective period of this permit, the applicant shall obtain and maintain in valid force and effect, each and every license and permit required by a governmental agency for the operation of the authorized activity. De In the event that any of the conditions of this permit are not satisfied, the Community Development Department shall cause a noticed hearing to be set before the authorized agency to determine why the City of Encinitas should not revoke this permit. Ee Upon a showing of compelling public necessity demonstrated at a noticed hearing, the City of Encinitas, acting through the authorized agency, may add, amend, or delete conditions and regulations contained in this permit. Fe Nothing in this permit shall relieve the applicant from complying with the conditions and regulations generally imposed upon activities similar in nature to the activity authorized by this permit. Gt Nothing in this permit shall authorize the applicant to intensify the authorized activity beyond that specifically described in this permit. He Approval of this request shall not waive compliance with any sections of the Zoning Ordinance and all other applicable City Ordinances in effect at the time of construction unless specifically waived herein. Permits from other agencies will be required as follows: Coastal Commission Je Project is conditionally approved as submitted as evidenced by the project plans including site plan, landscape plan, floor plan, exterior elevations, roof plan and building details consisting of 6 sheets dated received July 25, 1994, and signed by a City Official as CD/tc/9/94117MUP.CND (10-31-94) approved by the Planning Commission on October 27, 1994 and shall not be altered without Community Development Department review and approval. The project is subject to Chapter 23.26 of the Municipal Code, which requires a landscape and irrigation plan to be prepared by a State licensed landscape designer. The requirements for the plans are listed in Chapter 23.26. The landscape and irrigation plans must be submitted as part of the building permit application for the project. ne Ail required plantings and irrigation systems shall be in place prior to use or occupancy of buildings or structures. All required plantings and irrigation systems shall be maintained in good condition, and whenever necessary, shall be replaced with new materials to ensure continued compliance with applicable landscaping, buffering, and screening requirements. All landscaping and irrigation systems shall be maintained in a manner that will not depreciate adjacent property values and otherwise adversely affect adjacent properties. All irrigation systems shall be installed and maintained below ground. Me The applicant shall pay all fees associated with the processing and review of the Major Use Permit to the Community Development Department. Ne For commercial or industrial development, or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Permit and Plan Checking Fees, Water and Sewer Service Fees, School Fees, Traffic Fees, Drainage Fees and Park Fees. Arrangements to pay these fees shall be made prior to building permit issuance to the satisfaction of the Community Development Department. THE APPLICANT SI~ALL CONTACT THE ENCINITAS BUILDING DIVISION REGARDING COMPLIANCE WITH THE FOLLOWING CONDITION: Ow The applicant shall submit complete construction plans to the Building Division for review. The submittal shall include structural calculations and details, complete framing plans and details, a site plan and floor plans showing State mandated disabled access requirements, State energy compliance documentation and a soils report to include recommendations for the design of the foundation. Submitted plans will be reviewed for compliance with State Title 24, the 1991 Editions of the Uniform Building Code, the Uniform Mechanical Code, the Uniform Plumbing Code, and the 1990 Edition of the CD/tc/9/94117M~JP.CND (10-31-94) National Electrical Code. Please note that project review comments are not intended to be a comprehensive plan review of applicable Building Codes and additional comments will be made after plans have been submitted to the Building Division for plancheck. THE APPLICANT SHALL CONTACT THE ENCINITAS FIRE PROTECTION DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Pe FEES: Prior to final development approval, the applicant shall submit to the Community Development Department a letter from the Fire District stating that all development impact, plan check and/or cost recovery fees have been paid or secured to the satisfaction of the Fire District. APPLICANT SHALL CONTACT THE CITY ENGINEERING DEPARTMENT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS: Ail City Codes, regulations, and policies in effect at the time of project approval shall apply. Drainage Conditions Qe Concentrated flows across driveways and/or sidewalks shall not be permitted. CD/tc/9/94117MUP.CND (10-31-94)