HomeMy WebLinkAbout1980-06-03; City Council; Resolution 61981
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RESOLUTION NO. 6198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AFFIRMING A PLANNING
COMMISSION DECISION GRANTING A CONDITIONAL USE
PERMIT (CUP-17'7) FOR A DRIVE-THRU BANKING FACILITY
AND APPROVING A SITE DEVELOPMENT PLAN (77-1(C) )
FOR SAID PROJECT, ON PROPERTY GENERALLY LOCATED
ON THE SOUTHEAST CORNER OF DOVE LANE AND EL CAMIN0
REAL AND DENYING THE APPEAL OF A CONDITION LIMIT-
ING THE NUMBER OF DRIVE-THRU LANES. APPLICANT:
LA JOLLA BANK AND TRUST COMPANY.
WHEREAS, on April 23, 1980, the Carlsbad Planning Commission
adopted Resolution No. 1626 granting Conditional Use Permit
No. 177 and Resolution No. 1627 approving Site Development Plan
No. 77-1(C), both of which are herewith referred to and made
a part hereof, for a drive-thru banking facility on property
generally located on the southeast corner of Dove Lane and
El Camino Real, more particularly described as:
Portion of the western half of the northeast Quarter,
Section 26, Township 12, S. Range 4W., SBM, County
of San Diego;
and
WHEREAS, said project has been declared to have a non-
significant impact on the environment and a Negative Declaration
has been prepared and filed in compliance with the requirements
of the City of Carlsbad Environmental Protection Ordinance of
1972;
WHEREAS: on April 25, 1980, a proper appeal was filed by the
applicant in protest of the Planning Commission's decision limiting
the number of drive-thru lanes; and
WHEREAS; a duly noticed public hearing was held by the
City Council on May 20, 1980 to consider the appeal at which
time all persons interested in or opposed to the proposed
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Zonditional Use Permit and Site Development Plan were heard
md the decision of the Planning Commission considered; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
Zity of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the findings of the Planning Commission as set
forth in Resolutions No. 1626 and No. 1627 constitute the
findings of the City Council, with the addition of the following
finding :
"The City Council is satisfied that the Traffic Engineer,
City staff and Planning Commission correctly determined that the site would not safely accommodate a third drive- thru lane. A third lane would result in traffic conflicts within the shopping center and on the surrounding streets. The site does not afford sufficient space for a third lane and, in any case, the bank would not have the capacity to serve three lanes at once, making the lane unnecessary. I'
3. That the appeal of La Jolla Bank and Trust Company of
the condition imposed by the Planning Commission in Resolutions
No. 1626 and No. 1627, limiting the number of drive-thru lanes
to two, is hereby denied.
4. That the City Council affirms the Planning Commission's
decision contained in Resolutions No. 1626 and No. 1627 subject
to the conditions set forth in said resolutions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California on the 3rd day
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of June , 1980 by the following vote, to wit:
AYES: Councilmen Packard, Anear, Lewis, Councilwomen Casler and
NOES: None
ABSENT: None
Kul chi n
ATTEST :
3.
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&i- d:
PLANNING COI'44ISSION RESOLUTION NO, 1626
A RESOLUTION OF THE PLANNING COXMISSION OF TEE CITY
OF CARLSBAD, CALIFORNXA, APPROVING A CONDITIOXAL
USE PEFGIIT FOR A DRIVE-THRU BANKING FACILITY ON
OF DOVE LANE AND EL CAMINO REAL,
APPLICANT: LA JOLLA BANK & TRUST
CASE NO: CUP-177
PROPERTY GENERALLY LOCATED ON THE S~UTHEAST COPSJER
WHE'flEAS, a verified application has been filed with the City
If Carlsbad and referred to the Planning Conmission; and
WHEREAS, said verified application constitutes a request as
)rovided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions oE the Municipal Code,
:he Planning Commission did, on the 23rd day of April, 1980, hold
L duly noticed to consider said application on property described
a c
1s :
Portion of the western half of the northeast
Quarter , Section 26, Township 12, S, 2ange 4 W,
SBM, County of San Diego,
WEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if anyo of all persons desiring to be
heard, said Cornmission considered all factors relating ta CUB-177,
NOW, THEREFORZ, BE IT HEREBY RESOLVED by the Planning Commis-
sion of the City of Carlsbad as follows:
A)
5)
That the foragoiny recitations are true and correct,
That based on the evidence presented at the pu5lic 'nearing,
the Conmissiol?. APPROVES CUP-177, based on the
following fhdings and subject to the foll.owing conditions,
Findings:
1) The proposed use is necessary and desirable for the devel- opment of the Comunity, 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 this zone.
The subject property is adequate in size and shape to
accommodate the proposed use.
All of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to
existing and permitted future uses in the neighborhood wiH. be provided and maintained-
The street system serving t!e szbject property is adequate
to properly handle all traffic generated by the proposed use.
Based on an initial study of the project, including a field investigation of the site, the Planning Director has deter-
mined that the proposed project will not result in any
significant environmental impacts and, therefore, has issued a Negative Declaration on March 8, 198Q (Log No. 652)-
The applicant has agreed and is required by the inclusion of. an appropriate condition to pay a public facilities fee,
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be available concurrent with need as required by the General Plan.
Zonditions:
1) Approval is granted for CUP-177 as shown on Exhibgts A, B &
C dated 2/11/80 to CUP-177/SDP-77-1(C), incorporated by
reference and on file in the Planning Department. Develop- ment shall occur substantially as shown on the plans unless otherwise noted in these conditions,
2) All Conditions of Approval of Resolution No- 1627 for SDP 77-1(C) are applicable to this CUP and shall be strictly
zdhered to.
This Conditional Use Permit shall be subject to review by
the Plannirq Commission if 'it is determined that the Con-
ditions of Aproval for this project are not being met or
that the use is creating a nuisance to surrounding property- At such tine tie Planning Commission may modify or revoke said CUP.
This project is approved upon the express conditisn that the epplicant shall pay a public facilities fee as required by
City Council Policy No. 17, dated August 29, 1979, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for
payment of said fee a copy of that agreement dated March 11,
1980, is on file with the City Clerk and is incorporated herein by refzrezce.
3)
4)
If said fee is not paid as promised,
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Page 2
this application will not he consistent with the General
Plan and approval for this project shall be void. This fee is required for all future development of this property for which a building permit has not been issued.
PASSED, APPROVED AND ADOPTED at a regular meeting af the
lanning Commission OF the City of Carlsbaa, California, held on
.he 23rd of April, 1980, by the following vote, to wit:
AYES: Schick, Leeds, Larson, Friestedt
NOES : Rombotis ,
ABSENT: Marcus, Juse
\
ABSTAIN : None
ATTEST:
PC RES0 #1626
Page 3
I G c -) 6-
PLANNING C0;"IMISSION RESOLUTION NO. 1627
A RESOLUTION OF THE PLANING COf4MISSIOX OF THE
CITY OF CARLSBAD, CALIFORPTIA, APPRUVING A SITE DEVELOPMENT PLAN NO. 77-I(C) FOR A DRIVE-THRU
QN THE SOUTHEAST CORNER OF DOVE LAME AMD EL
CAMINO REAL.
APPLICAIJT : CASE NO: SDP-77-1 (C)
BANKING FACILITY or1 PROPERTY GENERALLY LOCATED
LA JOLLA BAUK AL3D TRUST
WHEREAS, a verified application has been filed with the City
f Carlsbad, and referred to the Planning Coraission; and
WHEREAS, said verified application constitutes a request as
rovided .by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission approved Site Development
Ian SDP-77-1 with Resolution No. 1374, dated June 22, 1977; and
WHEREAS, pursuant to the provisions of the Flunicipal Code,
.he Planning Connission did, on the 23rd day of l\,prilrZ1980, con-
;?.der a modification to approved Site Development Plan 77-1 on
zoperty described as:
Portion of the western half of the N,E,
Quartero Section 26, Township 12 S,, Range 4,W, SBM, County of San Diego-
WHEREAS, at said hearing, upon hearing and considering all.
testimony and argunents, if any, of all persons desiring to be
h'3xdr said Comcission considered all factors relating to Site
Development P3.2~ Soo 77-1(C).
NOPI, TiiEREFO33, BE IT HEREBY RESOLVED by the Planning
mission of the City of Carlsbad as follows:
A) That the foregoincj recitations are true and correct.
Com-
,
3) That based on the evidence presented at the hearing, the
Commission APPROVES SDP 77-1 (C) , based OR the following findings and subject to the following conditions:
indings :
The proposed development is consistent with the city@s General Plan and with the overall intent of the previously
approved Site Development Plan which has established the subject commercial center.
The project is compatible with both existing an6 proposed-
development in the immediate area.
The project is consistent with all. appliczble city public facility policies and ordinances since:
A total of 4 sewer connections have been reserved for
the project.
Adequate public improvements have been ox u7ill be
provided as required by the originally approved Site Development Plan.
The applicant has agreed and is rec@red by the inclu-
sion of an appropriate condition to pay a public faciP- ities fee. Performance of that contract and-payment of the fee will enable this body to find that pib1i.c facil-
ities will be available concurrent with need as required by the General Plan.
A condition has been added that building permits cannot
be approved unless sewer service is avail.able and
building cannot occur within the project unless sewer
service remains available. Corrmission is satisfied that the requirements of the Public Fzcilities Element of the General. Plan have been
met insofar as they apply to sewer service for this use.
Therefore, the Planning
Based on an initial study of the project, including a field investigation of the site, the Planning Director has deter-
mined that tZ?a proposed development will not result in any
significant environmental impacts and, therefore, has issued
a PJegative Declaration on ;?/larch 8, 1980 (Log Xo. 652).
Conditions:
1) Approval is granted for SDP 77-1(C) as shown on Exhibits
A,B b C, dated 2/11/80 to SDP 77-1(C)/CUP-177, incorporated by reference and on file in the Planning Department-
opment shall occur substantially as shown on these plans
unless otherwise noted in these conditions.
Devel-
PC RES0 #1627
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This project is approve( building permits will not be issued for developments of the subject: property unless the City Engineer determines that sewer facilities are available at the tine of applicatioE for such sewer permits and will continue to be available
until time of occupancy.
The applicant shall prepare a reproducible mylar of the final site development plan incorporating the conditions
contained herein. approved by the Planning Department prior to the issuance of building permits.
This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 23, 1979, on €iPc
with the City Clerk and incorporated herein by re€erecce, and according to the agreement executed by the applicant for
payme9t of said fee a copy of that agreement dated %arch 11,
1980; is on file with the City Clerk and is incorporated
herein by reference. If said fee is not paid as promised,
this application will not be consistent with the General Plan and approval for this project shall be void. This fee
is required for all future development of this property for
which a building permit has not been issued,
The easternmost drive-thru lane of the proposect bank shall
be eliminated, and the traffic island shall widened in its place.
upon the express condition that
SAid site plan shall be submitted to and
A detailed landscape and irrigation plan for the banking
facility and the traffic island bordering the drive-thwu
lanes shall be subject to the approval of the Planning Director. species and be consistent with the landscape plan approved for the commercial center.
All signs for the proposed bank shall, comply with the approve
sign program for this commercial center.
A11 roofto? z2purtenances shall be architecturally integrated into the Gesign of the building and shielding to prevent
noise and visual impacts subject to the approval of the
Planning Director prior to the issuance of building permits.
Said plan shall utilize drought tolerant plant
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PC RES0 $1627
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
anning Commission of the City of Carlsbad, California, held
i the 23rd day of April, 1980, by the following vote, to wit:
AYES : Schick, Leeds , Larssn Friestedt
NOES : Rombotis
ABSENT: Marcus Jose
ABSTAIN: None
rTTEST: