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Home My WebLink About1981-06-24; Planning Commission; Resolution 1824fq ' ,z e e I II PLANNING COMMISSION RESOLUTION NO. 1824 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONDITIONA: USE PERMIT TO ALLOW A DRIVE-THRU BANKING FACILITY ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER 0 ELM AVENUE AND MADISON STREET. APPLICANT: HOME SAVINGS AND LOAN CASE NO: CUP-202 6 city of Carlsbad and referred to the Planning Commisison; and 7 WHEREAS, a verified application has been filed with a WHEREAS, said verified application constitutes a req 9 provided by Title 21 of the Carlsbad Municipal Code; and 10 WHEREAS, pursuant to the provisions of the Municipal 11 described as: 13 duly noticed public hearing to consider said application on p' 12 the Planning Commission did, on the 24th day of June, 1981, hc 14 15 Lots 1 thru 6 inclusive, Block 49, Town of Carlsbad, city of Carlsbad, according to Map thereof No. 535 f May 2, 1888 16 considering all testimony and arguments, if any, of all persol 17 WHEREAS, at said public hearing, upon hearing and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannins 20 1 relating to CUP-202. 19 desiring to be heard, said Commission considered all factors 18 23. B) That based on the evidence presented at the public hearin! 23 A) That the foregoing recitations are true and correct. 22 Commission of the city of Carlsbad as follows: 24 I1 Commission APPROVES CUP-202, based on the following findil subject to the following conditions: 25 the zone because surrounding property has developed in a I 27 detrimental to existing uses or to uses specifically perm. 1) That, as conditioned, this conditional use permit is not 26 Findings: 28 fashion. I (I c, 1- !! e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 2o ~ 21 22 23 24 25 26 27 28 2) That the site is adequate in size and shape to accommodate use for the reasons stated in the staff report. 3) That, as conditioned, the street system serving the use is adequate to properly handle all traffic generated because project is served by existing fully developed streets. 4) The project will not cause any significant environmental i and a negative declaration has been issued by the Planninc Director on May 27, 1981, and approved by the Planning Commission on June 24, 1981. 5) The project is consistent with all city public facility PC and ordinances since: a) The Planning Commission has, by inclusion of an apprc condition to this project insured that thd project wi 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 projc unless sewer service remains available, the Planning Commission is satisfied that the requirements of the facilities element of the general plan have been met insofar as they apply to sewer service for this projc b) All necessary public improvements have been provided will be required as conditions of approval. c) The applicant has agreed and is required by the incll of an appropriate condition to pay a public facilitic Performance of that contract and payment of the fee t enable this body to find that public facilities will available concurrent with need as required by the Ger Plan. General Conditions 1) Approval is granted for CUP-202, as shown on Exhibits A-E May 7, 1981, incorporated by reference and on file in the Planning Department. Development shall occur substantia: shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that 1 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 for SI sewer permits and will continue to be available until tirnc occupancy. //I/ //I/ ~ //// I ~ PC RES0 #1824 .2 I .. - ll e a 1 2 3 4 5 6 7 8 3) This project is approved upon the express condition that t applicant shall pay a public facilities fee as required bl Council Policy No. 17, dated August 29, 1979, on file wit City Clerk and incorporated herein by reference, and accox the agreement executed by the applicant for payment of sai copy of that agreement dated March 30, 1981, is on file wi City Clerk and incorporated herein by reference. If said not paid as promised, this application will not be consist with the General Plan and approval for this project shall void. 4) Approval of this request shall not excuse compliance with sections of the Zoning Ordinance and all other applicable ordinances in effect at time of building permit issuance. 5) This approval shall become null and void if building permi 9 not issued for this project within one year from the date project approval. 10 11 the Village Area Design Manual. 6) The design of the project shall conform with all provisior 12 13 7) All parking lot trees shall be a minimum of 15 gallons in 14 8) All landscaped areas shall be maintained in a healthy and 9) Any signs proposed for this development shall be designed 15 conformance with the city's Sign Ordinance and the Villagt Design Manual and shall require review and approval of thc 16 Planning Director and Housing and Redevelopment Director J to installation of such signs. 17 10) Trash receptable areas shall be enclosed by a 6 foot high 18 wall with gates pursuant to city standards. Location of : thriving condition, free from weeds, trash, and debris. receptacles shall be approved by the Planning Director. 19 I 11) All roof appurtenances, including air conditioners, shall buffered from adjacent properties and streets to the satir 20 of the Planning Department and Building Director. 21 architecturally integrated and shielded from view and the 22 Engineering Conditions 23 12) The alley shall be improved to full width (20 feet) along property frontage prior to occupancy of the building. Sa: 24 improvements shall be to city standards and shall include valley gutter at the intersection with Elm Avenue. 25 13) The driveway depressions along Elm Avenue shall be removec 26 the curb and sidewalk along Elm Avenue and Madison Street be repaired or replaced as necessary to the satisfaction ( 27 City Engineer. 28 /j PC RES0 #1824 .3 I. . * e, e e 1 14) A property line radius of 20 feet shall be drawn at the intersection of Elm Avenue and Madison Street and the land dedicated to the city prior to the issuance of any buildin! 2 permit . 3 between the radius and the existing right-of-way line shal: 4 5 6 7 8 15) The applicant shall revise the proposed landscape and irri! plan to the satisfaction of the Planning Director and Hous: and Redevelopment Department prior to issuance of a buildil permit. 16) Prior to the issuance of a building permit, the applicant I enter into an improvement agreement and post a bond for thc struction of a median in Elm Avenue along the property fro] (including the width of the alley). 9 17) Prior to final occupancy, the applicant shall install meta spikes for access control and appropriate signs to prohibi, and signs shall be designed subject to the approval of the 10 Engineer. 11 into the subject property from the adjacent alley. Said SI 12 13 18) 14 15 17 16 18 19 I 20 21 22 23 24 This conditional use permit is granted for a period of fivl years. This conditional use permit shall be reviewed by t Planning Director on a yearly basis to determine if all co tions of this permit have been met and that the use does nl a significant detrimental impact on surrounding properties public health and welfare. If the Planning Director deter, that the use has such significant adverse impacts, the dir' shall recommend that the Planning Commission, after provid permittee the opportunity to be heard, add additional cond to mitigate the significant adverse impacts. This permit revoked at any time after a public hearing, if it is found the use has a significant detrimental affect on surroundin uses and the public's health and welfare or the conditions posed herein have not been met. This permit may be extend a reasonable period of time not to exceed five years upon application of the permittee made not less than 90 days pr the expiration date. In granting such extension, the Plan Commission shall find that no substantial adverse affect o rounding land uses or the public's health and welfare will because of the continuation of the permitted use. If a su tial adverse affect on surrounding land uses or the public health and welfare is found, the extension shall be consid an original application for a conditional use permit. The no limit to the number of extensions the Planning Commissi grant . 25 //// /I 26 11 //// 27 //// I/ 28 //// PC RES0 #1824 -4- .-. . 3 * 0 m 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the P: 2 of June, 1981, by the following vote, to wit: 3 Commission of the City of Carlsbad, California, held on the 24, 4 NOES : None 5 AYES: Farrow, Schlehuber, Friestedt, L'Heureux ABSTAIN : Jose 7 ABSENT: Marcus, Rombotis 6 8 9 10 11 12 13 14 15 16 17 18 l9 !ATTEST: ," Yf SBAD PLAN 23 24 25 26 27 PC RES0 #I824 -5- 28