HomeMy WebLinkAbout1976-01-14; Planning Commission; Resolution 1214.> I1 e e
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PLANNING COMMISSION RESOLUTION NO. 121 4
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CARLSBAD, CALIFORNIA CONCERNING THE CONDIITONAL USE PERMIT TO ALLOW CONSTRUCTION AND OPERATION OF A TEMPORARY BRANCH OFFICE (BANK OF AMERICA) AS AUTHORIZED IN SECTION 21.42.010(5S) OF THE ZONING ORDINANCE ON PROPERTY LOCATED ON THE EAST SIDE OF EL CAMINO REAL BETWEEN HAYMAR DR & MARRON RD.
APPLICANT: CONTINENTAL SERVICE CORPORATION CASE NO.: CUP-1O1A
WHEREAS, a verified application for a certain property, to wit:
Portion NWk of fractional section 32, TI1 S, R4W, SBB&M
has been fil ed with the City of Carl sbad and referred to the Planning Commi
and
WHEREAS, said verified application constitutes a request as provided b
Title 21 of the "Carlsbad Municipal Code"; and
WHEREAS, the public hearing was held at the time and in the place spec
in said notice on January 14, 1976; and
WHEREAS, the applicant has complied with the Pub1 ic Facility Element o
the City of Carlsbad and has provided the necessary information which insur
Public Facilities will be available and current with need; and
WHEREAS, the subject application has complied with the requirements of
City of Carlsbad "Environmental Protection Ordinance of 1972" in that the
project is exempt from the requirements of the City's Environmental Protect
Ordinance under Section 19.04.153 (Prior Compliance).
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WHEREAS, at said public hearing, upon hearing and considering the
testimony and arguments, if any, of all persons who desired to be heard, sa
Comission considered all factors relating to the Conditional Use Permit.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
Carl sbad as fol 1 ows :
I , A) That the above recitations are trule and correct.
~ B) That the Planning Commission makes the following findings of fact ~
I 1) The requested use is necessar:y for the development of the community and is in harmony with the General Plan because:
a) The General Plan Land Usle Element designates the projec site for Community Commercial use;
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b) A Specific Plan for a community. shopping center has be€ approved for the site.
c) The continuing use of the temporary structure prior to permanent occupancy is compatible with these plans.
2) The requested use is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposc use is to be located because:
a) The land uses existing on the project site and adjacent to it are commercial in nature.
3) The site for the intended use is adequate in size and shape accomodate the use because:
a) The site has been improved with the necessary parking a landscaping areas.
4) A1 1 yards, setbacks, landscaping, improvements, and other features necessary to adjust the requested use to existing E permitted future uses in the neighborhood will be provided t maintained because:
a) The proposed use has been sited in conformance with the adopted Specific Plan for the project site.
5) The street system serving the proposed use is adequate to pr ly handle all traffic generated by the.proposed use because:
a) El Camino Real is an arterial street with adequate capa to handle the traffic generated by the project.
6) The subject application has complied with the requirements c the City of Carlsbad "Environmental Protection Ordinance of 1972" because:
a) An Environmental Impact Report was prepared for a prior project on the site and certified by the City Council.
b) There are no substantial changes proposed for the proje involving new impacts not addressed in that report.
C) That in view of the findings heretofore made and considering the applicable law, the decision of the Planning Commission is to app CUP-'IOlA, subject to the following conditons:
1 ) The approval is granted for the land described in the applic tion and any attachments thereto, and as shown on the Plot P submitted labeled Exhibit A, dated December 17, 1975. The location of the buildings, roadways, and parking areas shall located substantially as shown on the plot plan labeled Exhi A, unless indicated otherwise herein.
2) This Conditional Use Permit is granted for the period of tim commencing the date of final approval, and shall terminate a any of the following times:
a) At such time as the temporary use moves into a permanen structure:
b) On March 15, 1976, if conditions 4 and 5 have not been
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c) On June 31 , 1976, if building permits have not been issl for a permanent structure for the temporary use.
d) On December 31, 1976, if the temporary use has not movec into a permanent structure.
Should this CUP be terminated by either (b) , (e), or (d) , the Planning Director shall automatically request the City Counci 1 to instruct the City Attorney to begin legal action remove the temporary structure from the site.
3) The applicant shall continue to meet conditions 3 and 4 of Planning Commission Resolution No. 1113.
4) Prior to March 15, 1976, the following improvements shall be made or bonded for:
a) Construction of full street improvements on El Camino R adjacent to the subject property.
b) Construction of full street improvements of the shoppin center entrance on the portion adjacent to the subject property.
c) Construction of a water system serving the two existing banking facilities as well as the proposed project to t satisfaction of the Fire and Engineering Departments.
5) Prior to March 15, 1976, the appl icant shall post a bond for redesign and construction of existing El Camino Real inter- section improvements. This bond shall be released by the Ci upon satisfaction of the City Manager that Bank of America h vacated the site within a time period agreed upon by the Cit
PASSED, APPROVED AND ADOPTED at a regular meeting held on the 14th day
of January, 1976, by the Carlsbad City Planning Commission by the following
vote, to wit:
AYES : Commissioner Jose, Packard, Watson, Larson, Fikes, L'Heureux
NOES : None
ABSENT: Commissioner Dorninguez
ATTEST:
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