Conditional Use Permit for a drive-thru for the Taco Bell

Note from TheGardeningSnail: this document was prepared by using a program that converts a PDF Image file into text. Sorry if there are any Textual Gremlins that slipped in.

Agenda Item #: 5a.

Meeting Date: January 10, 2012

Report Date: January 6, 2012

CITY OF LIVINGSTON PLANNING COMMISSION
STAFF REPORT

CITY FILE NUMBER: Conditional Use Permit 2011-02 Taco Bell

OWNER/APPLICANT: Dave Olson  OCAT, INC  801 10th Street, 5th Floor, #2
Modesto, CA 95354

PROJECT LOCATION: 339 Joseph Gallo Drive, Livingston

PROPOSED ACTION: Approval of Conditional Use Permit (CUP) 2011-02 for a Taco Bell restaurant drive-thru to be constructed at 339 Joseph Gallo Drive (APN 022-020-002).

PREPARED BY:   Donna M. Kenney, Community Development Director

Property Size:                                       46,634 square feet (1.07 acres)

Existing Land Use:                               Vacant land

General Plan Land Use Designation:  Highway Commercial

Zoning:                                                    Highway Commercial (C-3)

Street Access:                                        Joseph Gallo Drive

Adjacent General Plan Land Use Designation & Zoning District:

North:        Highway Commercial/ Highway Commercial (C-3)

South:        Highway Commercial/ Highway Commercial (C-3)

East:           Highway Commercial/ Highway Commercial (C-3)

West:         Highway Commercial/ Highway Commercial (C-3)

PROJECT DESCRIPTION:

The proposed project is a Taco Bell restaurant in the Highway Commercial (C-3) zoning district with 50 parking spaces and 9,626 square feet of landscape area on approximately 1.07 acres. The property is currently a vacant lot located west of Chevron/McDonald’s and north of Travel Centers of America. The site’s General Plan designation of Highway Commercial is appropriate. A restaurant is a permitted use in the Highway Commercial (C-3) zoning district but the drive-thru use requires a Conditional Use Permit ("CUP").

BACKGROUND:

The Project proposes a Spanish-influenced one story building with smooth stucco exterior and tile roof. Twenty-six (26) parking spaces are required for the 1,286.5 square feet of proposed public area at the ratio of 1:50. Fifty (50) total parking spaces are proposed which includes forty-five (45) standard spaces, two (2) disabled spaces, and three (3) oversize spaces (for RVs or vehicles with trailers. Seven (7) spaces make up the drive-thru stacking area (attachment 2). The
Planning Commission at its regular meeting of December 13, 2011 determined General Plan consistency and recommended approval of the Site Plan / Design Review of the proposed Project to the City Council (attachment 3). The City Council at its regular meeting of January 3, 2012 by a vote of 3-0 approved the Site Plan / Design Review of the Project (attachment 4). This Conditional Use Permit is the final Planning entitlement needed for this project.

CONDITIONAL USE PERMIT:

LMC 5-3, Table 3, Land Use, Commercial Zoning requires a Conditional Use Permit for a Restaurant, Drive-in in the Highway Commercial (C-3) zoning district and that the Project meets the following four findings of fact:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the zoning code. The proposed facility is located adjacent to a drive-in restaurant (McDonald’s) and is able to meet all required setbacks and other features required by the zoning code.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site provides a parking lot entrance on Joseph Gallo Drive, which was improved in the recent past to, facilitate truck traffic from Travel Centers of America across the street.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be complete prior to the issuance of building permits. The surrounding area is currently developed with drive-in restaurants. All utilities and public, facilities are currently available to serve the site.

d. The proposed development is consistent with the General Plan. 1999 General Plan and 2025 General Plan Update Policy 7.3 Objective A ensures that all commercial and public development projects are attractive, of high quality design, and enhance the image of the City. The proposed Taco Bell restaurant is attractive, of a high quality design, and has been approved by the Gallo Architectural Review board.

ENVIRONMENTAL STATUS:

The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15332 In-Fill Development Projects). Class 32 consists of projects characterized as in-fill development meeting the conditions described below:

a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations because it is located in the Highway Commercial zoning district (C-3) which permits restaurants by right and drive-thrus with a Conditional Use Permit.

b. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located on a 46,634 square foot parcel within the C-3 zoning district within City limits. The parcel is one of only three remaining in a 14-year-old commercial project and is adjacent to existing retail uses, a truck stop, and a proposed hotel.

c. The project site has no value as habitat for endangered, rare, or threatened species. The site is disked a couple of times each year for weed abatement.

d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site is expected to draw customers from the existing truck stop and other numerous gas stations and fast food restaurants in the vicinity.

e. The site can be adequately served by all required utilities and public services. The project site is located with the C-3 zoning district where utilities currently exist and less than one (1) mile from both the Fire Department and Police Station.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt the Resolution approving Conditional Use Permit 2011-02 for Taco Bell.

ATTACHMENTS:

1. Resolution 2012- , Conditional Use Permit 2011-02

2. Site Plan

3. Planning Commission Resolution 2011-12, a Resolution Determining General Plan Consistency and Recommending the City Council Approve Site Plan / Design Review 2011-01 for Taco Bell.

4. City Council Resolution 2012-01, a Resolution Approving Site Plan / Design Review 2011-01 for Taco Bell.

3

RESOLUTION 2012-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON
APPROVING CONDITIONAL USE PERMIT 2011-02 FOR TACO BELL

WHEREAS, Taco Bell submitted a Conditional Use Permit application ("CUP") for a restaurant drive-thru to be located at 339 Joseph Gallo Drive (APN 022-020-002) (the "Project"); and

WHEREAS, the Project plans have been reviewed with reference to the 1999 General Plan, the 2025 General Plan, the Zoning Code and the adopted Livingston Design Guide; and

WHEREAS, the Project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval. Class 32 consists of projects characterized as infill development which meets the following conditions:

a. The project is consistent with the applicable general plan designation and all applicable

general plan policies as well as with applicable zoning designation and regulations because it is located in the Highway Commercial zoning district (C-3) which permits restaurants by right and drive-thrus with a Conditional Use Permit.

b. The proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses. The project is located on a 46,634 square foot parcel within the C-3 zoning district within City limits. The parcel is one of only three remaining in a 14-year-old commercial project and is adjacent to existing retail uses, a truck stop, and a proposed hotel.

c. The project site has no value as habitat for endangered, rare, or threatened species. The site is disked a couple of times each year for weed abatement.

d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The site is expected to draw customers from the existing truck stop and other numerous gas stations and fast food restaurants in the vicinity.

e. The site can be adequately served by all required utilities and public services. The project site is located with the C-3 zoning district where utilities currently exist and less than one (1) mile from both the Fire Department and Police Station.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission adopts Resolution 2012-01, approving Conditional Use Permit 2011-02 for the Project, based on the following findings of fact:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the zoning code. The proposed facility is located adjacent to a drive-in restaurant (McDonald’s) and is able to meet all required setbacks and other features required by the zoning code.

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site provides a parking lot entrance on Joseph Gallo Drive, which was improved in the recent past to facilitate truck traffic from Travel Centers of America across the street.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be complete prior to the issuance of building permits. The surrounding area is currently developed with drive-in restaurants. All utilities and public facilities are currently available to serve the site.

d. The proposed development is consistent with the General Plan. The 1999 General Plan and 2025 General Plan Update Policy 7.3 Objective A ensures that all commercial and public development projects are attractive, of high quality design, and enhance the image of the City. The proposed Taco Bell restaurant is attractive, of a high quality design, and has been approved by the Gallo Architectural Review board.

BE IT FURTHER RESOLVED, that the Livingston Planning Commission adopts Resolution 2012-_, approving Conditional Use Permit 2011-02 based on the following conditions:

a. If the approved use does not commence within one year of the date of approval, the Conditional Use Permit shall become invalid.

b. Any modifications to the site concerning circulation and the drive-thru lane require approval from the City Engineer.

The foregoing resolution was introduced and moved for adoption on January 10, 2012, by  Commissioner     , and being duly seconded by Commissioner     , was passed by the following vote:

AYES:

NOES:

ABSENT:
ABSTAIN:

ATTEST:

Chair, Secretary of the Planning Commission,

DONNA M. KENNEY

SITE PLAN

Site Plan 1Site Plan 2Site Plan 3Site Plan 4Site Plan 5Site Plan 6Site Plan 7Site Plan 8

Planning Commission Resolution 2011-12

Resolution 2011-12

City Council Resolution 2012-01

City Council Resolution 2012-1 Page 1City Council Resolution 2012-1 Page 2

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s