HomeMy WebLinkAbout1984-05-09; Planning Commission; Resolution 22881 e 0
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PLANNING COMMISSION RESOLUTION NO. 2288
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
CARLSBAD, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A DRIVE-THRU BANK FACILITY ON 1.3 1
OF PROPERTY GENERALLY LOCATED ON THE SOUTHEAST CORE
OF EL CAMINO REAL AND FARADAY AVENUE.
APPLICANT: CALIFORNIA FIRST BANK
CASE NO,: CUP-241
WHEREAS, a verified application has been filed wit1
City of Carlsbad and referred to the Planning Commission; ar
WHEREAS, said verified application constitutes a
request as provided by Title 21 of the Carlsbad Municipal Cc
and
WHEREAS, pursuant to the provisions of the Municipi
Code, the Planning Commission did, on the 9th day of May, l!
hold a duly noticed public hearing to consider said applicai
on property described as:
Parcel C of Parcel Map No, 1703, filed in the Offic
the County Recorder July 6, 1973.
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all per:
desiring to be heard, said Commission considered all factor:
relating to CUP-241.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hea
the Commission APPROVES CUP-241, based on the followin1
findings and subject to the following conditions:
Findings:
1) That the requested use is necessary or desirable for t
development of the community, is essentially in harmon
with the various elements and objectives of the genera
plan, and is not detrimental to existing uses or to us
specifically permitted in the zone in which the propos use is to be located, as discussed in the staff report
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1 2) That the site for the intended use is adequate in size a
2 shape to accommodate the use, as discussed in the staff
report.
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3) That all of the yards, setbacks, walls, fences,
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requested use to existing or permitted future uses in tl: landscaping, and other features necessary to adjust the
neighborhood will be provided and maintained, as discusE
in the staff report.
6 4) That the street system serving the proposed use is adeqL
7 to properly handle all traffic generated by the proposec
use, as discussed in the staff report.
8 5) The project is consistent with all City public facility
9 icies and ordinances since:
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a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that building permits will not be approved unless the Cil Council finds that sewer service is available to sel
the project. Building cannot occur within the projt
unless sewer service remains available, and the Plar Commission is satisfied that the requirements of thc public facilities element of the general plan have 1 met insofar as they apply to sewer service for this
project.
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b) All necessary public improvements have been provide(
will be required as conditions of approval.
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c) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a publ: facilities fee. Performance of that contract and payment of the fee will enable this body to find thi public facilities will be available concurrent with as required by the general plan.
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6) This project will not cause any significant environment,
Land Use Planning Manager on April 23, 1984 and approvec
impacts and a Negative Declaration has been issued by tl
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the Planning Commission on May 9, 1984.
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Conditions :
1) Approval is granted for CUP-241, as shown on Exhibits '',
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and "C", dated April 11, 1984, incorporated by referencl on file in the Land Use Planning Office. Development s
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occur substantially as shown unless otherwise noted in conditions.
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This project is approved upon the express condition that
building permits will not be issued for development of t subject property unless the City Engineer determines tha sewer facilities are available at the time of applicatio for such sewer permits and will continue to be available until time of occupancy.
This project is approved upon the express condition that
applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference and according to the agreement executed by the applicant payment of said fee, a copy of that agreement, dated Aug
22, 1983, is on file with the City Clerk and incorporate
herein by reference. If said fee is not paid as promise
this application will not be consistent with the General
Plan and approval for this project shall be void.
Approval of this request shall not excuse compliance wit
all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of buildinc permit issuance.
Water shall be provided to this project pursuant to the Water Service agreement between the City of Carlsbad and Costa Real Water District, dated May 25, 1983.
The applicant shall prepare a reproducible mylar of the
final site plan incorporating the conditions contained
herein. Said site plan shall be submitted to and appro\
by the Land Use Planning Manager prior to the issuance c
building permits.
The applicant shall prepare a detailed landscape and irr tion plan which shall be submitted to and approved by tk Land Use Planning Manager prior to the issuance of buili permits .
All parking lot trees shall be a minimum of 15 gallons :
size.
All landscaped areas shall be maintained in a healthy ax
thriving condition, free from weeds, trash, and debris.
Any signs proposed for this development shall be designc conformance with the City's Sign Ordinance and shall rec review and approval of the Land Use Planning Manager prj
to installation of such signs. Signing on El Camino Re;
shall be limited to one wall sign.
Trash receptacle areas shall be enclosed by a six-foot 1
masonry wall with gates pursuant to City standards. Lo( tion of said receptacles shall be approved by the Land 1 Planning Manager. :p C RES0 NO. 2288 -3-
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~12) All existing and proposed roof appurtenances, including
conditioners, shall be architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets, pursuant to Building Department
Policy No. 80-6, to the satisfaction of the Land Use Planning Manager and Building and Planning Director.
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5 13) The applicant shall remove the existing loading doors f~
the building and substitute an alternate material, subjt
6 to the approval of the Land Use Planning Manager. Said replacement shall be completed prior to occupancy of an:
7 portion of the building.
8 proposed use from the Fire Department and Land Use Plan1
9 Off ice prior to occupancy of that portion of the buildil not occupied by the bank.
14) The applicant shall secure the written approval of any
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This conditional use permit is granted for a period of : years. This conditional use permit shall be reviewed b: Land Use Planning Manager on a yearly basis to determinc all conditions of this permit have been met and that thc
does not have a significant detrimental impact on surrol
ing properties or the public health and welfare. If thl Land Use Planning Manager determines that the use has SI
significant adverse impacts, the manager shall recommenc that the Planning Commission, after providing the permi: the opportunity to be heard, add additional conditions
mitigate the significant adverse impacts. This permit 1 be revoked at any time after a public hearing, if it is found that the use has a significant detrimental affect
surrounding land uses and the public's health and welfa: or the conditions imposed herein have not been met. Th permit may be extended for a reasonable period of time to exceed five years upon written application of the permittee made not less than 90 days prior to the expir, date. In granting such extension, the Planning Commiss shall find that no substantial adverse affect on surrou land uses or the public's health and welfare will resul because of the continuation of the permitted use. If a substantial adverse affect on surrounding land uses or public's health and welfare is found, the extension sha considered as an original application for a conditional permit. There is no limit to the number of extensions Planning Commission may grant.
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1 Engineering Conditions /I 2
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Improvements including, but not limited to, the followii
shall be installed by the developer and approved by the
Engineer. The developer shall obtain approval of the p:
from the City Engineer and pay all associated fees and
performance guarantees prior to issuance of any Buildinc Permit. The developer shall install said improvements
the satisfaction of the City Engineer prior to the issuz
of a Certificate of Occupancy or occupancy of any portic
the project for any purpose. To wit:
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a) Curb and gutter at the closed and altered driveway
b) Sidewalk at the closed and altered driveway opening: c) A catch basin in the driveway near the altered drivc
d) Sidewalk on El Camino Real and Faraday Avenue; e) Street lights.
openings;
opening, drain pipe and sidewalk underdrain;
11 17) The developer shall omit the most northeasterly parking
space so as to provide a minimum of 20 feet of exit 12 driveway having no adjacent parking.
13 18) The developer shall design the "In Only" driveway so as
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this shall include lengthening the gore section and 14 preclude exiting traffic. The design features to achie!
providing directional signs. The construction and desic
of all interior driveways, parking areas and access to
Faraday Avenue shall be to the satisfaction of the City 16 Engineer.
1'7 19) The developer shall alter the landscaping on the projecl
Fire Department 20
standards.
Faraday and El Camino Real in accordance with city 18 site so as to provide clear sight distance at the cornel
21 20) Prior to the issuance of building permits, complete buil plans shall be submitted to and approved by the Fire
Department. 22
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I. ll PASSED, APPROVED AND ADOPTED at a regular meeting of
2 he Planning Commission of the City of Carlsbad, California,
3 eld on the 9th day of May, 1984, by the following vote, to F a 4
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AYES : Commissioners: Rawlins, Schlehuber, Marcus,
NOES : None. Farrow and Smith.
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t5 /I ABSENT : None.
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ABSTAIN: Chairperson Rombotis.
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In " j/ / CHHAD PLANNING COMMISSI(
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