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Home My WebLink About1981-01-14; Planning Commission; Resolution 1743# 1 b /I e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I PLANNING COMMISSION RESOLUTION NO. 1743 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDI- TIONAL USE PERMIT TO DEVELOP A DRIVE-THRU BANK BUILDING AND TEMPORARY BANKING FACILITIES ON PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PALOMAR AIRPORT ROAD AND YARROW DRIVE. APPLICANT: McROSKEY CASE NO: CUP-185 ~~ ~~ WHEREAS, a verified application has been filed with the City of Carlsbad and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, pursuant to the provisions of the Municipal Code the Planning Commission did, on the 14th day of January, 1981, hold a duly noticed to consider said application on property described as: Lot 1 of Tract 73-49 of Map No. 8054 filed December 31, 1974. 16 WHEREAS, at said public hearing, upon hearing and 17 desiring to be heard, said Commission considered all factors 18 considering all testimony and arguments, if any, of all person: 19 ~ relating to CUP-185. 20 21 24 the Commission APPROVES CUP-185, based on the following B) That based on the evidence presented at the public hearins 23 A) That the foregoing recitations are true and correct. 22 Commission of the City of Carlsbad as follows: findings and subject to the following conditions: 25 Findings: 26 1) As conditioned, that this conditional use permit is not detrimental to existing uses or to uses specifically 27 permitted in the zone because surrounding property has developed in a similar fashion. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning I I. - s 0 e 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 2) That the site is adequate in size and shape to accomodatt the use for the reasons stated in the staff report. 3) That, as conditioned, the street system serving the use adequate to properly handle all traffic generated becaus the project is served by a major and secondary arterial street which will be improved to city standards prior to occupancy of any buildings. 4) The project will not cause any significant environmental impacts and a negative declaration has been issued by thc Planning Director on November 21, 1980, and approved by the Planning Commission on January 14, 1981. 5) The project is consistent with all city public facility policies and ordinances since: a. The Planning Commission has, by inclusion of an appropriate condition to this project insured that the project will not be approved unless the City Council finds that sewer service is available to serve the project. Since the project cannot be approved unless sewer service is available, and building cannot occur within the project unless sewer service remains available, the Planning Commission is satisfied that the requirements of the public facilities element of the general plan have been met insofar as they apply to sewer service for this project. 16 17 18 19 I 2o I b, All necessary public improvements have been provided or will be required as conditions of approval. c. The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Performance of that con- tract 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 21 General Conditions: I1 22 23 24 25 26 27 28 1) Approval is granted for CUP-185, as shown on Exhibit A, dated January 9, 1981 and Exhibits "B" and "C", dated December 15, 1980, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application such sewer permits and will continue to be available until time of occupancy. I/ PC RES0 #1743 I! -2- ,. , - % 0 e 1 2 3 4 5 6 3) This project is approved upon the express condition that applicant shall pay a public facilities fee as required b City Council Policy No. 17, dated.August 29, 1979, on fil with the City Clerk and incorporated herein by reference, according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated October 23, 1980, is on file with the City Clerk and 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 void. 7 Planning Department Conditions II 8 4) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable 9 city ordinances in effect at time of building permit issu 10 5) This approval shall become null and void if building perm are not issued for this project within one year from the 11 date of project approval. 12 approval prior to occupancy of any building. 18 9) A uniform sign program for this development shall be sub- 17 to installation of such signs. 16 in conformance with the city's Sign Ordinance and shall 15 14 7) All landscaped areas shall be maintained in a healthy and 13 6) Parking lot trees shall be a minimum 15 gallon size. thriving condition, free from weeds, trash, and debris. 8) Any signs proposed for this development shall be designed require review and approval of the Planning Department pr mitted to the Planning Department for their review and 19 20 21 22 23 24 25 26 10) Trash receptable areas shall be enclosed by a 6 foot high masonry wall with gates pursuant to city standards. Loca of said receptacles shall be approved by the Planning Director. 11) All roof appurtenances, including air conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Planning Department and Buildi: Director. 12) The compact parking spaces shown on Exhibit A shall be clearly marked with permanent pole signs denoting "COmPac Cars Only". I/ Fire Department Conditions 27 I 13) Prior to the issuance of building permits, complete 28 building plans shall be submitted to the Fire Department for review and approval. PC RES0 #1743 -3- I .' c b 0 0 1 2 14) Public and on-site fire hydrants shall be required pursuz construction. 3 to Fire Code requirements. 15) An all weather access road shall be maintained throughout 4 16) Water for fire protection shall be made available to the 6 5 site before combustibles are placed on building site. 17) All private driveways shall be kept clear of parked vehic 7 at all times, and shall have posted "NO Parking/Fire Lane automatic sprinklers, and other systems pertinent to the 8 Tow Away Zone" pursuant to the Municipal Code. 18) All fire alarm systems, fire hydrants, extinguishing syst project shall be submitted to the Fire Department for 9 approval prior to construction. 10 12 19) Prior to issuance of building permits, the applicant shal 11 Parks and Recreation Conditions submit landscape and irrigation plans for the approval of Planning Director and Parks and Recreation Department. 13 20) The applicant shall provide street trees (Sycamore - Plat 14 Acer Folia) at 40 foot intervals along Palomar Airport Ro and Yarrow Drive. 15 21) All street trees shall be planted at least five feet behi. 16 ll the curb. - 17 II Engineering Conditions No access to Palomar Airport Road from the subject proper 18ii221 shall be permitted. 19 20 21 22 23 24 25 26 27 28 23) Access rights along the easterly 30 feet of the property adjacent to Palomar Airport Road shall be relinquished an. waived. A deed providing this shall be recorded prior to the issuance of any building permits for permanent structl 24) The existing driveway approach on. Palomar Airport Road shi be deleted and curb and gutter and sidewalk constructed prior to the occupancy of any buildings including tempora: facilities. 25) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 26) No grading shall occur outside the limits of the project unless a letter of permission is obtained from the owners of the affected properties. //// PC RES0 #1743 -4- I . .. L a 0 e 1 27) The developer shall comply with all the rules, regulation and design requirements of the respective sewer and water 2 agencies regarding services to the project. 3 28) A building permit shall be obtained for the temporary facility. Occupancy of the temporary facility shall not the facility unless an extension is approved by the Plann 4 exceed one year from the issuance of a building permit fo 5 occupancy. The location of said parking shall be approvec 29) Parking for the temporary facility shall be provided prio: 6 Commission. 7 by the Planning Director. 8 Planning Commission of the City of Carlsbad, California, held 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the 10 to wit: 11 on the 14th day of January, 1981, by the following vote, 12 AYES: Chairman Marcus, Commissioners L'Heureux, Rombotj Leeds, Larson, Friestedt, and Jose. 13 15 ABSENT : None. 14 NOES: None. ABSTAIN: None. 16 17 18 19 IATTEST: /+- 04- T-. I US, Chairman PLANNING COMMISSION OMMISSION 24 25 26 27 28 PC RES0 1743 -5-