HomeMy WebLinkAbout1970-11-04; City Council; 291; Applications for Change of Zone and Specific Plan for a Temporary Banking Facility Located at El Camino Real & Haymar Drive -160 ft. ft South of Intersection - Bank of AmericaTHE CITY OF CARLSBAD, CALIF' ORNIA
A
»
Agenda Bill No. Z^ / Date: November 4, 1970
''Referred To: CITY COUNCIL
Subject: APPLICATIONS FOR CHANGE OF ZONE AND Submitted By:
*' SPECIFIC PLAN FOR A TEMPORARY BANKING
FACILITY(Bank of America) LOCATED AT Planning Commission &
EL CAMINO REAL S HAYMAR DRIVE (160 ft. " Department
_ _ South of intersection) _
Statement of the Matter
The applicants desire a change of zone from R-A^10 to C~2 and
adoption of a Specific Plan limiting said zone to a Temporary Bank
of America Branch Facility and necessary parking.
The temporary, facility is being utilized because:
1. The federal license permitting said bank states that it must be
in operation by January 1, 1971;
2. The temporary structure provides the only means of meeting this
• deadline and, although a large shopping center is planned for
the general area, plans have not progressed to a point where the
permanent bank facility can be properly located at this time,
Exhibit
1 - Staff Report dated 10/20/70
2 - Exhibit A - a Specific Plan entitled "Temporary Facilities~Bank
of America, El Camino Real & Vista Way Branch" dated 10/1/70
3 -.Planning Commission Resolutions No. 680 and 681, approving Change
of Zone and a Specific Plan
Staff Recommendations
Approve per Staff Report and Planning Commission recommendations.
o
AB No. Date: November 4, 1970
City Manager's Recommendation
See recommendation as stated in City Manager's Staff Report of
October 20, 1970
Council Action
11-17-70: Res. #1808 adopted and Ordinance #9258 and #9259
introduced by title only.
12-1-70 Ordinances Nos. 9258 and 9259 given second reading and
adopted.
-2-
Exhibit #1
c .;-••• o ; '
October 20f 1970
•
TO: Planning Commission
'FROMi City Manager
SUBJECT: STAFF REPORT, concerning Application for Change
of Zone from R-A-10,000 to C-2(General Commercial)
Zone, and Adoption of a Specific Plan for Temporary
Bank of America Facilities and Parking Area - to be
considered by Planning Commission on October 27 , 1970
APPLICANT: CONTINENTAL SERVICE COMPANY
OWNER: CARROLL E. KELLY
REPORT SUBMITTED BY: City Manager, 'Fire, Building, Engineering,
and Planning Departments.
Section I - Technical Report
The Bank of America has a federal license to construct and
operate a banking facility near the Southeast Corner of Haymar
Drive and El Camino Real,, if the proper zoning can be obtained.
If such zoning is approved, a temporary structure housing the
bank facility will be utilized, for the following reasons:
a) Under the terms of the existing license, the bank offices
must be in operation by January 1, 1971.
b) It will not be possible to exactly locate the permanent
'bank facilities within a major shopping center, which is
planned for the general area, until detailed plans for
its development have been completed and approved.
This site location is South and adjacent to «a proposed Standard
Oil Company service station, to be located on the Southeast Corner
of Haymar Drive and El Camino Real.
The proposed bank facility will have access to Haymar Drive
and a signalized segment- of El Camino Real.
The Carlsbad City Code requires that a banking facility have
Commercial zoning, even though it is a temporary structure initially,
The Specific Plan in existance for this parcel limits the land
use to parking facilities and a temporary bank structure, until
further specific plans have been adopted by the- City.
o
Staff Report - Bank of America
Zone Change and Specific Plan October 20, 1970
Page Two,
Section II - Staff Recommendation
Although the General Plan does not identify a specific form
of land use for the property under discussion, it is the opinion
of staff that this application should be approved, for the follow-
ing reasons and subject to the following conditions:
Section III - Reasons
2. The reclassification and specific plan as proposed, will not
be detrimental to surrounding properties, nor will it affect
the ability to locate a permanent facility within a totally
planned shopping area.
The granting of subject application is
of the City of Carlsbad.
in tJje best interest
Section IV - Conditions
2.
2.
3.
4.
5.
That the temporary bank structure and use shall be allowed for
a period of time not to exceed two (2) years:..
That no other use shall be allowed upon sa£d property until
specific plan(s) for its redevelopment have.- been approved by
the City of Carlsbad Planning Commission an.nl City Council.
That the signing shall be restricted to wal2 signs which shall
be developed in conformance with City Ordinance No. 9224.
That a landscape and sprinkler plan shall
City Planning Department for approval, in
City Ordinance No. 9181.
be submitted to the
conformance with
That the temporary structure shall retain trie "Spanish" motif
Required for development in the vicinity of El Camino Real.
That a grading plan -shall be
City Engineer, and such plan
handling upstream drainage.
submitted for the approval of the
shall include provisions for
7. That a Parcel Map shall be filed in. accordance with Section 11535
of the Subdivision Map Act.
•
8. That access rights to El Camino Real shall be dedicated to the
City of Carlsbad. (The applicant has indicated that access
to El Camino Real and Haymar Drive will be provided over ease-
ments on the adjoining property.)
Staff Report - Bank of America
Zone Change and Specific Plan October 20, 1970
Page Three.
Conditions (Continued)
9. That all public improvements shall be installed as required
by ordinance and the City Engineer.
10. That water service shall be taken from Haymar Drive.
11. That an easement and eight-inch (8") main shall be provided
for sewer service between the existing stub on proposed parcel
and the adjacent property to the North.
12. That a Master Plan of public improvements for the overall
property of which this parcel is a part, shall be prepared and
'submitted to the City Engineer for review and approval, prior
to any further division of the basic parcel.
^V^X r-,/ ;
JACKJ/B. ARNOLD
City Manager
JBAtnl . '
cc: Planning Department(2)
MAY DEPI
STORES CO.
m
o
o
73m
KELLY
KURLANDER
CHANGE OF ZONE FROM R-A-IO TO C-2
REQUESTED BY:
CONTINENTAL SERVICE CO.
SCALE
l"= 100'
10-9-70
1
2
8
10
11 Bernardino Base and Meridian, in the City of Carlsbad,
County of San Diego, State of California.
12
13
14
15
16
17
18
19
20
22
23
24
25
26
•27
28
29
30
31
32
;;i::; ; __ ; ^ ,.....; ; ; „ „_;_ t
PLANNING COMMISSION RESOLUTION NO. 680
A RESOLUTION RECOMMENDING TO THE CITY COUNCIL CHANGE OF
ZONE FROM R-A-10,000 TO C-2(GENERAL COMMERCIAL)ZONE, ON
PROPERTY LOCATED TWO HUNDRED FEET SOUTH OF SOUTHEASTERLY
CORNER OF EL CAMINO REAL AND HAYMAR DRIVE
WHEREAS, pursuant to the provisions of the Ordinance, No.9060,
the Planning Commission did on October 27, 1970 hold a duly noticed
public hearing to consider the application of CONTINENTAL SERVICE
COMPANY and CARROLL R. KELLY, Owner, for a Change of Zone from R-A-
10,000 to C-2 Zone, on real property 200 feet South of the South-
easterly corner of El Camino Real and Haymar Drive, and more
particularly described as:
A Portion of Northwesterly One-Quarter of Fractional
Section 32, Township 11 South, Range 4 West, San
WHEREAS, at said public hearing, upon hearing and considering
the testimony and arguments, if any, of all persons who desired to
be heard, said Commission did find the following facts and reasons
to exist which make the approval of an application for Change of
Zone necessary to carry out the provisions and general purpose of
Ordinance No. 9060:
1. The reclassification and specific plan as proposed will not be
detrimental to surrounding properties, nor will it affect the
ability to locate a permanent facility within a totally planned
shopping area.
21
2. The granting of subject application is in the best interests of
the City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Carlsbad that it does hereby recommend to the City
Council the adoption of an Amendment to Ordinance No.9060, changing
the zone from R-A-10,000 to C-2 Zone on said property.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission, held on the 27th day of October,
1970, by the following vote, to wit:
XX
XX
XX
XX
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
•27
28
29
30
31
32
o
-2-
A YES :
NOES:
ABSENT:
Commissioners Dewhurst, Forman, Hermsen, Little,
Palmateer and Jose,
None ' ,. ' '
Commissioner Gullett.
ATTEST:
, JR., Chairman
D. K. DEWHURST, Secretary
.1
PLANNING COMMISSION RESOLUTION N0.681
A RESOLUTION OF THE PLANKING COMMISSION OF THE CITY OF
CARLSBAD RECOMMENDING ADOPTION OF A SPECIFIC PLAN FOR A
TEMPORARY BANK OF AMERICA FACILITY AND PARKING AREA, ON
PROPERTLY LOCATED TWO BUNDRSD FSST SOUTH OF SOUTHBASTSRLY
CORNER OF EL CAMINO REAL AND HAYMAR DRIVS
WHEREAS f the Planning Commission did on October 27, 1970 , hold
a duly noticed public hearing to consider recommending adoption of
5 a Specific Plan on El Caaino Real and Hay mar Delve, submitted by
6 CONTINENTAL SERVICE COMPANY and CARROLL JR. KELLY , Owner , on property
7 described ass
Q That portion of the Northwesterly One-Quarter of Fractional
Section 32, Township 11 South, Range 4 West, San Bernardino
9 Base and Meridian, in the City of Carlsbad, County of San
Diego, State of California .
10
Copy of said Specific Plan is attached hereto and designated as
11
follovss
12
I. Exhibit "A" - Specific Plan entitled "Temporary Facllltles-
13
BanJc of America, El Camino Real and Vista Way Branch, dated October
14
1, 1970, and prepared by Continental Service Company, 1335 South
15
Grand Avenue, Los Angeles, California 90054.
16
17 WHEREAS, at said public hearing, upon hearing and considering
IS the testimony and arguments/ If any, of all persons who desired to
19 be heard, said Commission considered all factors relating to adojp-
20 tion of such plan, and found the following facts and reasons to
21 exist t
reclasslfl cation and specific plan as proposed will not be
detrimental to surrounding properties, nor will it affect the
ability to locate a permanent facility within a totally planned
shopping area.
24
2. The granting of such specific plan Is in the best Interests of
25 tno Citg of Carlsbad.
26 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
P7*••' the City of Carlsbad that it does hereby recommend to the City
Council adoption of the Specific Plan (Exhibit "A") on said property
subject to the following conditions and limitationst
1. That the temporary bank structure and use shall be allowed for
,, a period of time not to exceed two(2) years.
zs xx
XX
XX
XX
1
2
3
developed in conformance with City Ordinance No. 9224.
4
That a landscape and sprinkler plan shall be submitted to the
5
City Ordinance Ho. 9181.
6
5. That the temporary structure shall retain the "Spanish" motif
required for development in the vicinity of El C ami no Real.
6. That a grading plan shall be submitted for approval of the
City Engineer and such plan shall include provisions for
handling upstream drainage.
7. That a Parcel Map shall be filed in accordance with Section
11535 of the Subdivision Map Act.
8. That access rights to Bl C ami no Real shall be dedicated to the
City of Carlsbad. (The applicant has indicat-ed that access
to El C ami no Real and Haymar Drive will be provided over ease-
ments on the adjoining property.)
12
14
15
16
17
18
19
20
21
22
23
24
25
26
28
29
30
31
3
-2-
Condi tiona (Continued)
2. That no other use shall be allowed upon a Aid property until
Specific Plan(s) for its redevelopment have been approved by
tho Citg of Carlsbad Planning Commission and City Council
3. That signing shall be restricted to wall signs which shall be
City Planning Department for approval, in conformance with
9. That all public improvements shall be Installed as required by
ordinance and by the City Engineer.
10. That water service shall be taken from ttaymar Drive.
11. That an easement and eight-inch (8") main shall be provided
fox sewer service between the existing stub on the proposed
parcel and the adjacent property to the North.
12. That a Master Plan of public improvements of the overall
property, of which this parcel is a part, shall be prepared
and submitted to the City Engineer for review and approval
prior to any further division of the basic parcel.
of this resolution shall be forwarded to the City
Council for their attention/ as reguirad by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Planning Commission held on the 27th day of October,
1970, by the following vote, to vritt
' Commissioners Hermsen, Forman, Palmateer, Little,
Dewhurst, and Jose
HOES: None
ASSENT i Commissioner Gullett.
/s/
E. H. JOSE, JR., Chairman
ATTEST:
/S/
D. K. DEWHURST, Secretary
XX
XX
RgSeiUTIOH MO. 1808
£A RESOLUTION OF THE CITY COUNCIL OF THE CITY
3 OF CARLSBAD, ANNOUNCING FINDINGS AND DECISIONS
REGARDING CHANGE OF ZONE CLASSIFICATION OF
4 CERTA1* 0ISI6HATES PROPERTY I« THI CITY OF
CARLSBAD FROM ZONE R-A-10,000 to C-2 (GENERAL5 eoMMERem) zexi
6 WHEREAS, on the 27th day of October, 1§70* the Carlsbad City
7 Planning Commission adopted Resolution No. 680, which is herewith
o
referred to and attde a ptrt hereof: and
9 WHEREAS, on November 17, 1970, a duly advertised public hearing
10 was held as prescribed by law to consider the reelassification
froai R-A-1 0,000 to C-2 lone on property described as:
12 A Portion of Northwesterly One-Quarter of Fractional13 Section 32, Township 11 South, Range 4 West, San
Bernardino Base and Meridian, in the City of Carlsbad,
14 County of San Diego* State of California.
15 WHEREAS, the City Council received all recommendations and
16 heard all persons interested in or opposed to the proposed change
17 of classification,
18 MO*, THEREFORE, the City Council of the City of Carlsbad
19 DOES HEREBY DECLARE FINDINGS AND RESOLVE that the findings of the
£0 Planning Commission contained in Resolution Ho. 680 constitute the
21 findings of the City Council of the City of Carlsbad,
£2 RE IT FURTHER DECLARED AND RESOLVED that the City Council
£3 certifies that the approval of the proposed change of zone elassi-
£4 ficatlon is necessary to carry out the general purpose of Ordinance
25 No. 9Q60 as amended.
£6 §E IT FURTHER RESOLVED that the City Council does hereby
£7 declare its Intention to adopt an ordinance to effectuate the
£8 proposed change of zone classification.
29 XX
so n
31 XX
32 XX
1
z
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council held OR the 17th day of November, If70, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
Councilmen Dunne, McComas, Jardine and Lewis.
None.
Councilman Castro.
0. WTeimn; Mayer of the
City of Carlsbad
Carlsbad, California
ATTEST:
WARiARET E. AUAWS, City CTtrS
(SEAL)
-2-
ORDIHAHCEJte. 92|§,
2 AH QRBIItAHCE OF THE CITY COUMCIL OF THE
CITY OF CAtLSiAD, A00PTIffg A SPECIFIC
3 PLAN OF PROPERTY LOCATED ON THE TWO HUNDRED
FEET SOUTH OF SOUTHEASTERLY CORKER OF EL
4 CAMINO REAL AND HAYMAR DRIVE.
5
6
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
The City Council of the City of Carlsbad, California* DOES
ORDAIN that a Specific Plan for the hereinafter described real
property be adopted In the following particulars:
SECTlOtl 1. PROPERTY DESCRIPTION« That portion of the
Northwesterly One-Quarter of Fractional Section 32, Township 11
South, Range 4 West, San Bernardino Ease and Meridian, 1n tht
City of Carlsbad, County of San Diego, State of California.
SgCTIOKJU:..6EKERAL COMD.ITI.OIS>. Th« Specific Plan, marked
Exhibit "A", attached hereto, antHled 'Specific Plan for
entitled "Temporary Facilities-Bank of America, El Camlno Real
and Vista Way Branch' for Zone Change, 1s subject to the following
conditions and restrictions:
A. The development of the property described In Section 1
hereof shall be subject to the restrictions and limitations set
forth herein which are 1n addition to all of the requirements*
limitations and restrictions of all municipal ordinances and
State and Federal Statutes now 1n force, or which hereafter nay
in force for the purpose of preserving the residential
characteristics of adjacent properties*
I. All public Improvements shall be made 1n conformity with
the Subdivision Ordinance and other City standards to the satisfac-
tion of the City Engineer, without cost to the City of Carlsbad.
and free of all Hens and encumbrances,
C. All land and/or easements required by this ordinance shall
>e granted to the City of Carlsbad without cost to the City and
free of all liens and encumbrances.
26
27
28
29
30
31
32
0. That the temporary bank structure and use shall be allowed
for a period of time net to exceed two (2) years.
3 E. That no other use shall be allowed upon said property
until Specific Plan(s) for Its redevelopment have been approved by
the City of Carlsbad Planning Commission and City Council.
6 SECTieH 8, PRIVATE OEVEIOPME8T COMOITlOliS. The following
7 conditions shall apply with respect to any development after the
Q
effective date of this ordinance of the property described 1n
Section 1 hereof:
A. That signing shall be restricted to wall signs which shall
be developed 1n confornance with City Ordinance Mo.
12 B. That a landscape and sprinkler plan shall be submitted to
13 the City Planning Department for approval t 1n conforaiance with
14 City Ordinance No. 9181
15 C. That the temporary structure shall retain the "Spanish1
motif required for development 1n the vicinity of El Canlno Real.
17 0, That a grading plan shall be submitted for approval of
18 the City Engineer and such plan shall Include provisions for
19 handling upstream drainage.
20 E. That a Parcel Map shall be filed 1n accordance with
21 Section 11535 of the Subdivision Map Act.
22 F. That access rights to El Canlnofeal shall be dedicated to
23 the City of Carlsbad. (The applicant has Indicated that access
24 to El Ciralno Real and Haymar Drive will be provided over easements
25 on the adjoining property.)
G. That all public Improvements shall be Installed as re-
quired by ordinance and by the City Engineer.
H, That water service shall be taken from Hayroar Drive.
I. That an easement and eight-Inch (8':) main shall be pro-
vided for sewer service between the existing stub on the proposed
parcel and the adjacent property to the North.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
op
24
25
26
27
no*°
29
30
51
32
0. That ft faster Plan of public Improvements of the overall
property, of which this parcel 1s a part, shall be prepared and
submitted to the City Engineer for review and approval prior to
any further division of the basic parcel.
SICTIOj* 1, Rg$UI*P PMIUC IKPReVEHtliTS SErORE ISSUANCE
Of BmiDlli® PERtm. The following shall be granted to the City
of Carlsbad before any building permit will be Issued for the
development of the property described 1n Section 1 hereof:
A. All street Improvements Including water* sewer* under-
ground power and telephone, street tree planting, street light,
storm drain and any other Improvements deemed necessary by the
City Engineer shall be Installed 1n conformance with City Standards
and Indicated on an approved Improvement plan prior to the Issuance
of a building permit.
8. All lands necessary for street widening shall be dedicated
to the City of Carlsbad prior to approval of said improvement plan.
C. A grading plan shall he submitted prior to the Issuance
of a building permit.
SI5TI3M.J.,, ApHIHISTiATIp ABB EMfORCIMgllT. The Building
Department shall not approve any building for occupancy until
the Planning Director has certified that all the conditions of
this ordinance have been satisfied.
The Planning B1 rector of the City of Carlsbad 1s designated
as the enforcing officer of this Specific Plan, His decision shall
be final as to whether the subject property has been properly
developed and Improved. However, the owners of the subject propert
nay appeal to the City Council any decision of the Planning
Director relative to this Specific Plan, Such appeal shall be In
writing and filed with the City Clerk within 10 days following
the receipt of the declslsn of the Planning Blrecter. The City
Council's decision shall be final.
1
2
5
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
SECTIOJt 6. EFFECTIVE DATE, This Ordinance shall be effective
39 days after Its adoption. The City Clerk of the City of Carlsbad
shall certify to the adoption of this Ordinance and cause 1t to be
published once In the Carlsbad Journal within fifteen (15) days
after Its adoption.
INTRODUCES AJ4D FIRST READ at a regular meeting of the City
Council of the City of Carlsbad, California, held on the Ifth day
of Hoye$ber, 1970, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council on the 1st day of December, 1970, by
the following vote, to w1f.
Councilman Dunne, McCoraas, Jardlne and Lewis.AYESj
NOES;None
HoneABSENT:
ABSTAINED: Councilman Castro
«. BUKNE, Mayor of the
City of Carlsbad,
Carlsbad* California
ATTEST;
. ADAMS* City Cler
(SEAL)
1 QRBIMAflCE IQ,
2 AS ORBI8A8CI OF THE CITY OF CAtlSBAS
AHENDING ORDINANCE NO. 9060, RECLASS-
1FYI8S FOR C~2 PURPOSES, OH PROPfRTY
10CATI8 0» THE TWO HUll&RE&KCT S0WTH
OF SOOTHIASTIRIY CORSE® OF It
5
6 The City Council of the City of Carlsbad, California, DOES
7 ORDAIfi, that Carlsbad Zoning Ordinance Ho. 9060 1s amended to
read as follows:
9 SICTIOK If That ttit following described rtal property 1s
raclassified for C-2 purposes, subject to the provisions contained
In Ordinance No. 5258, establishing a Specific Plan for the
IS following described property, and as said Ordinance say hereafter
13 be amended, and that the zonlnc nap referred to in Section
14 of said Ordinance Ho. 90GO, as anended, be changed accordingly:
PROPERTY
1 c
A portion of Northwesterly One-Quarter of Fractional17 Section 32, Township 11 South, Range 4 West, San
Bernardino Base and Meridian* 1n the City of Carlsbad
18 County of San Diego, State of California,
19 MSIISlLLt. T^^* ordlnanct shall be effective 30 days after
20 Its adoption and the City Clerk shall certify to the adoption
21 of this Ordinance and cause 1t to be publfihtd at least once 1n
23 the Carlsbad Journal within IS days after Its adoption.
23
24
25 XX
26
27
28
29
30
31
32
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
INTRODUCED AND FIRST READ at a regular meeting of the dty
Council of the City of Carlsbad* California, held the T7th day
of November, 1970, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 1st day of December, 1970,
by the following vote, to wit:
AYES' Counc<llroen Dunne, McComas, Jardlne and Lewis.
NOES: None
ABSENT: Hone
ABSTAINED: Councilman Castro
D. M. DUNBE, Mayor of the
City of Carlsbad
Carlsbad, California
ATTEST:
KARSARIT I. ADAMS
City Clerk
CERTIFICATE OF CITY CLERK
I, Margaret E. Adams, City Clerk of the City of Carlsbad
California, do hereby certify the foregoing to be tru and exact
copy of Ordinance 9259 of said City, duly passed and adopted
by the City Council of said City on the date and by the vote
therein recited.
MARGARET E. ADAHS, City Clerk
(SEAL)