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
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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.
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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.
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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
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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
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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.
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