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HomeMy WebLinkAbout1987-07-21; City Council; 9102; Appeal of Planning Commission denial of Drive-ThruCIT DF CARLSBAD - AGEND/ 3ILL AR* ^/^Z, MTG 7/21/87 n.=PT PLN TITLE- APPEAL OF PLANNING COMMISSION DENIAL FOR A DRIVE-THROUGH FINANCIAL BUILDING - SP-187(A)/ CUP-304 - LINCOLN SAVINGS & LOAN DEPT. HP. ftW CITY ATTY j;/gB CITY MGRS^V* Zo u 8 RECOMMENDED ACTION: Both the Planning Commission and the staff are recommending that the City Council direct the City Attorney's Office to prepare documents DENYING the appeal of SP-187(A) and CUP-304. ITEM EXPLANATION The applicant is requesting that the City Council grant an appeal approving a conditional use permit and a specific plan amendment to provide for a drive through financial institution located on the Hughes property just west of Sears. The proposal is part of a large shopping complex approved in 1983 that is currently under construction. The major issue concerning the proposal is traffic. The shopping area is part of a regional shopping center complex and is designated for regional commercial uses on the General Plan. Regional center commercial complexes are designed for multi- purpose trips by shoppers where they will frequent more than one store/shop during a visit to the center. Both the Planning Commission and staff feel that a drive through bank is a single purpose traffic generator, meaning that some people would visit the center just to go to the bank. This would increase onsite congestion and defeat the purpose of a regional type facility. A drive through facility is more appropriate in the smaller community commercial centers. If the City Council denies the proposed project as recommended the applicant may still develop the bank but without the drive through facility. For further information please see the attached staff reports to the Planning Commission. FICAL IMPACT There will be no direct fiscal impact on the City. As part of the original approval the applicant has been required to pay the public facilities and other applicable fees. ENVIRONMENTAL IMPACT A Negative Declaration was issued by the Planning Director on March 14, 1987. EXHIBITS 1) Location Map 2) Planning Commission Resolution Nos. 2647 and 2648 3) Planning Commission Staff Report with attachments SP-187(A) LINCOLN SAVINGS & LOAN CUP-304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 20 21 22 23 26 28 PLANNING COMMISSION RESOLUTION NO. 2647 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO DEVELOP A FINANCIAL INSTITUTION WITH A DRIVE-THROUGH FACILITY ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE NORTH COUNTY PLAZA. APPLICANT: LINCOLN SAVINGS AND LOAN CASE NO; CUP-304- 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 3rd day of June, 1987, hold a duly noticed public hearing to consider said application on property described as: That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp Eucalyptus Forest) June 8, 1908. WHEREAS, at said public hearing, upon hearing and 16 considering all testimony and arguments, if any, of all persons 17 I desiring to be heard, said Commission considered all factors 18 relating to CUP-304. 19 M NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing., the Commission DENIES CUP-304-, based on the following findings: 24 Findings; pe 1) A drive-through use is more appropriate in a community commercial shopping center than in a regional center such as the one proposed. 27 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 2) A drive- through financial facility is generally a single vehicle trip generator and could create additional traffic congestion in the center. 3) The proposed compatible wi staff report. financial drive- through facility is not th adjacent land uses for reasons stated in the PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of dune, 1987, by the following vote, to wit:d AYES: Ch & airman Marcus, Commissioners McFadden, Holmes, Schramm . NOES: Commissioners McBane & Hall. ABSENT: ABSTAIN: ATTEST: ^JtvMte Commissioner Schlehuber. None. <2%~ % ^, „„ MARY MAJ&JHJS, Chairman ^J^L-£- CARLSBA0 PLANNING COMMISSION 4lAA^U2?~-x MICHAEL 3. HOL^MILLeR PLANNING DIRECTOR PC RESO NO. 2647 -2- 1 2 3 4 25 26 27 PLANNING COMMISSION RESOLUTION NO. 2648 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF SPECIFIC PLAN 187(A), TO AMEND AN APPROVED SITE PLAN FOR THE NORTH COUNTY PLAZA TO ALLOW A DRIVE- THROUGH FACILITY WITHIN THE NORTHWEST CORNER OF THE PROPERTY. APPLICANT: LINCOLN SAVINGS AND LOAN CASE NO; SP-187(A) _ WHEREAS, a verified application for certain property, to wit: That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp Eucalyptus Forest) 3une 8, 1908,8 has been filed with the City of Carlsbad, and referred to the9 _ Planning Commission; and _ WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 3rd day of Dune, 1987, hold a duly noticed public hearing as prescribed by law, to consider said request; and15 WHEREAS, at said public hearing, upon hearing and16 desiring to be heard, said Commission considered all factors 18 relating to the Specific Plan Amendment; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends DENIAL of SP-187(A), based on the following findings: <WTt Findings ; considering all testimony and arguments, if any, of all persons 1) A drive-through use is more appropriate in a community commercial shopping center than in a regional center such as the one proposed. „ IHI 28 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 2) A drive-through financial facility is generally a single vehicle trip generator and could create additional traffic congestion in the center. 3) The proposed financial drive-through facility is not compatible with adjacent land uses for reasons stated in the staff report. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 3rd day of June, 1987, by the following vote, to wit: AYES: Chairman Marcus, Commissioners McFadden, Holmes, & Schramm. NOES: Commissioners McBane & Hall. ABSENT: Commissioner Schlehuber. ABSTAIN: None. ^ ATTEST: MARY M CARLSB US, Chairman PLANNING COMMISSION MICHAEL 0. HOLZMILLER- PLANNING DIRECTOR PC RESO NO. 2648 -2- APPLICATION SUBMITTAL DATE: DECEMBER . 1 1986 STAFF REPORT DATE: JUNE 3, 1987 TO: PLANNING COMMISSION PROM: PLANNING DEPARTMENT SUBJECT: SP-187(A)/CUP-304 - LINCOLN SAVINGS AND LOAN - Request for a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility at the northwest corner of the North County Plaza I. RECOMMENDATION That the Planning Commission ADOPT Resolution Nos. 2647 and 2648 APPROVING SP-187(A)/CUP-304 , based on the findings contained therein. DISCUSSION On April 1, 1987, this project, SP-187{A)/CUP-304, was heard before the Planning Commission. At that time, staff was reommending denial of the project because: (1) the proposed drive-through facility, being single trip oriented, is not a compatible use within a regional shopping center, and (2) the proposal reduces the width of a driveway and parking aisle below that which is deemed adequate for safe circulation. The Planning Commission had a lengthy discussion concerning the appropriateness of a drive-through facility in a regional shopping center, with no apparent conclusion being reached. However, a motion was made to send the project back to staff for revisions to the parking and driveway layout, so that the project complies with the City's circulation standards. As shown on Exhibits "A" - "B", the project's circulation system has been redesigned. It is noted, that these proposed circulation revisions have been accomplished without having to reduce any of the project landscaping. The specific revisions include the following: (1) Narrowing the project's parking aisles from 21 feet to 20 feet and redesigning them for one way directional flow. This revision reduces potential traffic conflicts at the southern entryway to the project, and creates a more efficient circulation pattern on site. The 20 foot parking aisle width is more than adequate for one way parking aisles with 60" parking. However, even with these revisions, the project still does not technically comply with the City's amended Parking Ordinance. The City's Parking Ordinance indicates that for one way 60° parking aisles, the width of a parking section, including two parking stalls plus the aisle should equal 61 feet and eight inches. The redesigned project as proposed does not comply with this standard. As a matter of fact, none of the parking for the North County Plaza, approved as part of Specific Plan 187, is in compliance with this standard. However, staff believes that the redesigned parking layout is still minimally acceptable even though it does not comply with the City's amended parking standards. This conclusion is based upon the following reasons: (1) The parking layout as proposed is consistent in terms of standards applicable at the time Specific Plan 187 was approved. (2) The City's Parking Standard for 60° one way aisles is conservative. Other agencies utilize lesser standards which would be consistent with the design as proposed. Staff also has added condition 20 which stipulates that the northernmost access drive be increased in width from 18 feet to 20 feet in order to satisfy fire department driveway requirements. This revision can be accommodated by reducing the width of both 60" parking aisles to 19 feet each. The one way 19 foot wide aisles are still adequate for 60° parking. Overall, the project has been redesigned to respond to the Planning Commission concerns over project circulation. Although the redesigned parking still does not technically comply with the City's amended Parking Standards, staff believes that the proposed parking layout is minimally acceptable. If the Planning Commission decides to recommend approval of this project, staff has included a resolution of approval with attached conditions. However, staff still believes that the proposed drive-through is an incompatible use within the context of a regional shopping center. ATTACHMENTS 1. Planning Commission Resolution Nos. 2647 and 2648 2. Staff Report, dated April 1, 1987 3. Exhibits "A" - "B", dated April 27, 1987 COD:dm 4/30/87 APPLICATION SUBMITTAL DATE; DECEMB, 1', 1986 STAFF REPORT DATE: TO: FROM: SUBOECT I. APRIL 1, 1987 PLANNING COMMISSION PLANNING DEPARTMENT SP-187(A)/CUP-304 - LINCOLN SAVINGS AND LOAN - Request for a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility at the northwest corner of the North County Plaza. RECOMMENDATION That the Planning Commission ADOPT Resolution Nos. 2647 and 2648 DENYING SP-187(A)/CUP-304, based on the findings contained therein. II.PROOECT DESCRIPTION AND BACKGROUND On 3uly 5, 1983, the City Council approved Specific Plan - 187 and its associated site plan for the North County Plaza. At that time, the project site plan included a 111,800 square foot commercial building core (composed of four anchor department stores) with ten individual commercial buildings (total of 60,012 square feet) located generally along the Marron Road frontage of the site. As proposed, this project met the intent of the RRI (Intensive Regional Retail) General Plan designation over the property. Subsequent the approval of this project, the project applicants have processed a number of site plan amendments through the Planning Department. The most notable of these amendments included revisions to the core commercial area. These revisions entailed, the deletion of two of the approved anchor stores and the redistribution of the associated square footage, within smaller specialty stores located along the eastern boundary of the site. According to the project applicant, these changes were requested because of the difficulty in attracting potential anchor stores to this site. The project applicants contend that because of the aforementioned site plan revisions, the project no longer can technically be classified as a "regional shopping center", but instead is more closely associated with a "community commercial center". Staff, however, believes that this shopping center even with the approved revisions, still qualifies as a regional shopping center for the following reasons: 1) The General Plan definition for an "Intensive Regional Retail Center" (RRI) includes the following criteria: a) That a department store is typically the major magnet of a regional shopping center, while other stores supplement and compliment the department store. b) A group of convenience stores, service facilities, business and professional offices are often associated with the center. Some of these may be incorporated in the center itself, or arranged at the periphery in the immediate area. c) Such centers should have orderly and functional store arrangement and adequate and convenient off- street parking. As approved and revised the project still meets these General Plan criteria. 2) Because of the projects close proximity to Plaza Camino Real (a "regional shopping center") and the fact it shares the same basic "block" of property, it clearly benefits from and contributes to the agglomeration of people at these centers, thereby reinforcing the "economies of scale" typically associated with regional shopping centers. Based upon these reasons, staff believes that the North County Plaza, should continue to be regarded as a "Regional Shopping Center". In accordance, the requested specific plan amendment (SP-187(A)) and conditional use permit (CUP-304) have been reviewed relative to this consideration. The applicant is requesting a specific plan amendment and a conditional use permit to develop a financial institution with a drive-through facility located as described above. As shown on Exhibits "A" and "B", the financial institution as proposed (Building "T", 5,820 SF) would replace a 9,000 square foot commercial building (Building "T") originally shown on the approved site plan for Specific Plan 187 (See Reduced Exhibit "C"). The remainder of the 3,180 square feet of commercial use approved as part of Building "T" on the original site plan will be distributed over buildings "S" and "Q". According to Specific Plan 187, these site plan changes are regarded as minor in nature and are approvable by the Planning Director. -2- However, per Specific Plan 187, the proposed drive-through facility requires both a specific plan amendment and a conditional use permit. As shown on Exhibits "A" and "C", the drive-through facility would be located along the North County Plaza's northern most driveway, adjacent to Buena Vista Creek. The proposed drive-through would require a 10-foot wide driveway. To accommodate this additional 10-foot wide driveway and drive- through facility, the northernmost North County Plaza driveway would have to be reduced from 24 feet to 16 feet. In addition, a row of parking spaces would have to be deleted and the nearest adjacent parking aisle to the south would also have to be reduced in width from 24 to 21 feet. With these revisions, the parking ratio for the shopping center still remains in excess of 4.7 spaces/1,000 square feet as required by the existing Specific Plan 187 and the City's amended Parking Ordinance. The architecture of the proposed Lincoln Savings Bank will be composed of light colored stucco with a red tile roof, clerestory windows with mullions will be incorporated into the structure to enhance its appearance. The proposed drive-through facility will include an automatic teller machine and will be composed of similar stucco with architectural features as the bank. The project site is currently in the process of being developed with the North County Plaza. The project site is surrounded by Buena Vista Creek to the north, Jefferson Street to the west and other portions of the North County Plaza to the south and east. Ill ANALYSIS Planning Issues 1) 2) 3) 4) Is the proposed drive-through facility a compatible use within this regional shopping center? Will the proposed specific plan amendment, to Specific Plan 187, which amends the approved site plan, result in unacceptable parking ratios or circulation problems? Will the requested use adversely affect the viability of use of the area as a commercial district or adversely affect nearby uses or traffic movements? Can the four findings required for the granting of a conditional use permit be made, which are as follows: a) That the requested use is necessary or desirable for the development of the community, is essentially in harmony -3- with the various elements and objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. b) That the site for the intended use is adequate in size and shape to accommodate the use. c) That all of the yards, setbacks, walls, fences, landscaping and other features necessary to adjust the requested use to existing or permitted future uses in the neighborhood will be provided and maintained. d) That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. Discussion As discussed within the staff report for Specific Plan 187 (North County Plaza, December 8, 1982) drive-through facilities are not regarded as compatible uses within this regional shopping center. This finding is associated with the general philosophy that regional shopping centers are not designed for or meant to accommodate single purpose drive-through traffic, which drive- through banking facilities tend to generate. To the contrary, regional shopping centers are designed with large parking lots and variety of commercial uses, whereby consumers can park their cars at one location, and complete pedestrian oriented multiple task shopping trips. Within the context of a regional shopping center, drive-through traffic would inevitably be introduced into designated parking areas, thereby resulting in additional conflicting traffic movements. For reference, this drive-through facility would generate approximately 1,464- average daily trips or 300 more trips than a savings bank without a drive-through (San Diego Traffic Generators, March 1985). In view of this inherent incompatibility of a drive-through facility within a regional shopping center and the potential conflicting traffic movements that would result, staff cannot recommend support of this drive-through facility at the North County Plaza. As discussed earlier, implementation of the proposed project would not result in unacceptable parking ratios. However, implementation of the proposed drive-through facility will necessitate other revisions to the approved North County Plaza site plan. These revisions include: (1) reduction in the width of the plazas northernmost driveway from 24 to 16 feet, and (2) reduction in the width of the nearest adjacent parking aisle to the south from 24 to 21 feet. As proposed, the 21 foot wide parking aisle is neither in conformance with the City's amended Parking Ordinance (which requires a 24 foot minimum width), nor the approved site plan, which requires a minimum 24 foot wide aisle within this portion of the site. It is staffs opinion that -4- in order to ensure safe circulation and adequate manueverability within this parking lot, the required 24 foot wide parking aisles should be maintained. The existing site plan for the North County Plaza also includes a note which allows two specific driveway aisles located in the southeast corner of the property to be constructed at a width of 20 feet. Staff recommends that the site plan be amended to require that these aisles be developed at a minimum width of 24 feet. Overall, staff cannot recommend support of the proposed specific plan amendment to allow a drive-through facility because of; (1) a drive-through facility's inherent incompatibility within the context of a regional shopping center and the potential conflicting traffic movement that would result, and (2) the proposal reduces the width of the nearest parking aisle below that which is deemed adequate for safe circulation. With regard to the conditional use permit requested, it is concluded that, since the requested drive-through facility is not a compatible use within a regional shopping center, because of the potentially adverse circulation impacts that could result, staff is unable to make the necessary findings to support the requested conditional use permit. Staff would also like to mention that the site for the intended use is not adequate in size to accommodate the use since it would require that the nearest adjacent parking aisle be reduced to a width deemed inadequate for safe circulation. Based upon these findings, staff recommends denial of SP-187(A)/CUP-304. IV. ENVIRONMENTAL REVIEW The Planning Director has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on March 14, 1987. ATTACHMENTS 1) Planning Commission Resolution Nos. 2647 and 2648 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Document 6) Reduced Exhibits 7) Exhibits "A" - "F", dated December 11, 1986 CDD:bn 3/9/87 -5- BACKGROUND DATA SHEET CASE NO: SP-187(A)/CUP-304 APPLICANT: LINCOLN SAVINGS AND LOAN REQUEST AND LOCATION: Request for a specific plan amendment and a conditional use permit to develop a financial institution with a drive-thru facility at the northwest corner of the North County Plaza. LEGAL DESCRIPTION: That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp Eucalyptus Forest) June 8, 1908 APN; 154-160-27 Acres 16.9 Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation RRI Density Allowed Density Proposed Existing Zone C-2-Q Proposed Zone C-2-Q Surrounding Zoning and Land Use: Zoning Land Use Site C-2-Q North County Plaza North OS Buena Vista Creek South C-2-Q North County Plaza East C-2-Q North County Plaza West PC Jefferson Street PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated December 5, 1986 ENVIRONMENTAL IMPACT ASSESSMENT x Negative Declaration, issued March 14, 1987 E.I.R. Certified, dated Other, ™ DISCLOSURE FORM ~ APPLICANT: AGENT: MEMBERS: Lincoln Savings & Loan Association, A California Corporation Name (individual/ partnership, joint venture, corporation, syndication) 18200 Von Karman, Irvine California 92715 ._ Business Address~~~ (714) 553-0200 Telephone Number SGPA Planning & Architecture Name 1565 Hotel Circle South, Suite 200 San Diego, California 92108 Business Address (619) 297-0131 Telephone Number ThomaS V. Hott, Vice President 26852 Via Victoria, Mission Viejo Name (individual, partner, joint venture, corporation, syndication) Home Address 18200 Von Karman, Irvine California 92715 Business Address (714) 553-0200 Telephone Nunber Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) The applicant is required to apply for Coastal Commission Approval if located in the Coastal Zone. I/Vfe declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. LINCOLN SAVINGS & LOAN ASSOCIATION APPLICANT BY Agent, Owner, Partner PLANNING DEPARTMENT 2075 LAS PALMAS DRIVE CARLSBAD, CALIFORNIA 92009-4859 (619)438-1161 Cttp of Cartebab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: This project is located at the northwest corner of the North County Plaza. PROJECT DESCRIPTION: This project, SP-187(A)/CUP-304, will include a Lincoln Savings and Loan financial institution with a drive-through facility. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA., 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of issuance. DATED: March 14, 1987 CASE NO: SP-187(A)/CUP-304 APPLICANT: Lincoln Savings and Loan PUBLISH DATE: March 1*, 1987 MICHAEL J. HOLTMILLE Planning Director ND4 11/85 DO I- ffi X lU Q CO ^ UJ Z < 00 O > Q. Ul I- co Carlsbad Journal Decreed A Legal Newspaper by the Superior Court of San Diego County Mail all correspondence regarding public notice advertising to North Coast Publishers, Inc. corporate offices: P.O. Box 878, Encinitas, CA 92024 (619) 753-6543 Proof of Publication STATE OF CALIFORNIA, ss COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation, published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of Carlsbad, County of San Diego, State of California, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to; and that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: NOTK.I OF PUBLIC HEARING , APPEAL SP-187(AVCUP-3<M NOTICE IS HEREBY GIVEN that the City Council of the City «f Carls- bad will hold a public hearing at the City Council Chambers, 1200 Elm AT I "of a Planning Commission Hula! of an application for a Specific plan Amendment and » Conditional Use_ i a jingir with a.property generally located at the northwest corner of the North A..** County Plata and more particularlydescribed as: , that portion of Lot* 32 to Minchi- sive. Map 1!M (Hosp Eucalyptus Forest) June 8,1906. If you have any questions regard- ing this matter, please call the Planning Department at 438-1WL If you challenge the Specific Plan Amendment and/or Conditional Use Permit in court, you may be limited to raising only those issues you at someone els* raised at the public hearing described in this no- tice, or in written correspondence to the CHjr of Carlsbad atprior to the public hearing. Appellant: Lincoln Savings and Loan - . CARLSBAD CITY COUNCIL July 10 ! 9 87 19 19 19. 19. I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on Tho IQth day of July, T987 Clerk of the Printer NOTICE OF PUBLIC HEARING APPEAL SP-187(A)/CUP-304 NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 P.M., on Tuesday, July 21, 1987, to consider an appeal of a Planning Commission denial of an application for a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility on property generally located at the northwest corner of the North County Plaza and more particularly described as: That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp Eucalyptus Forest) June 8, 1908. If you have any questions regarding this matter, please call the Planning Department at 438-1161. If you challenge the Specific Plan Amendment and/or Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public haring described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. APPELLANT: Lincoln Savings and Loan PUBLISH: July 10, 1987 CARLSBAD CITY COUNCIL SP-187(A) LINCOLN SAVINGS & LOAN CUP-304 WRITE IT - DON'T SA^ <T! To Date i*J ' JL A -- 19 & 7 D Reply Wanted HNo Reply Necessary AIGNER FORM NO. 56-032 PRINTED IN USA •- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 6:00 p.m. on Wednesday, June 3j 1987, to consider approval of a Specific Plan Amendment and a Conditional Use Permit to develop a Lincoln Savings and Loan financial institution with a drive-through facility on property generally located at the northwest corner of the North County Plaza and more particularly described as: That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp Eucalyptus Forest) June 8, 1908. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing, if you have any questions please call the Planning Department at 438-1161. If you challenge the Specific Plan Amendment and/or Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: SP-187(A)/CUP-304 APPLICANT: LINCOLN SAVINGS AND LOAN PUBLISH: May 22, 1987 CITY OF CARLSBAD PLANNING COMMISSION December 4, 1986 Owner Medical Group Laboratory c/o Tremont Corporation 321 Cassidy Street Oceanside, CA 92054 Valley Home Furniture c/o B. D. Laramy 2333 Nicklaus Drive Oceanside, CA 92056 HFH Ltd., et. al. c/o Fred A. Barman 9601 Wilshire Blvd., Suite 810 Beverly Hills, CA 90210 State of California Department of Fish and Game 245 West Broadway Suite 350 Long Beach, CA 90802 Robert and Dorothy Blumenshine and Karen Blumenshine 2202 Highland Drive Carlsbad, CA 92008 City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 Grove Apartments Investment Co. 10738 West Tico Blvd. Los Angeles, CA 90064 Clayton and Arnetta McAndrew 1790 Ratcliff Road Carlsbad, CA 92008 Kuniko Johnson 1800 Ratcliff Road Carlsbad, CA 92008 Kenneth and Susan Roush 1810 Ratcliff Road Carlsbad, CA 92008 William and Aileen Baker 1821 Ratcliff Road Carlsbad, CA 92008 Page 1 8533-87-20 Assessors Parcel No.(s) 154-140-19 154-140-25 154-140-29 154-140-30 156-301-04 154-140-32 156-051-17 156-270-55 156-080-10 156-080-11 156-301-01-02 156-301-02 156-080-18 156-080-19 156-270-04 156-270-05 156-270-06 156-270-07 Page 2 December 4, 1986 8533-87-20 Owner Assessor's Parcel No.(s) Donna Stevens 156-270-08 1811 Ratcliff Road Carlsbad, CA 92008 Mary and Rudy Moreno 156-270-16 1810 Guevara Road Carlsbad, CA 92008 Timothy Emerson 156-270-17 1812 Guevara Road Carlsbad, CA 92008 Joseph and Joan Martin 156-270-18 1814 Guevara Road Carlsbad, CA 92008 Teresa and Peter Fry 156-270-19 1831 Guevara Road Carlsbad, CA 92008 City of Vista 156-301-01-01 600 Eucalyptus Avenue Vista, CA 92083 Hughes North County Associates. 156-301-03 Two Corporate Plaza, Suite 250 156-301-05 Newport Beach, CA 92660 165-120-56 City of Carlsbad Parking Authority 156-301-11 1200 Elm Avenue Carlsbad, CA 92008 Plaza Camino Real 156-301-13 c/o May Stores Shopping Centers, Inc. 1555 Railway Exc. Blvd. 611 Olive Street St. Louis, MO 63101 City of Oceanside 165-120-17 704 3rd Street Attn: City Clerk Oceanside, CA 92054 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 ' Office of the City Cleric TELEPHONE: (714) 438-5535 Citp of Carlsbab APPEAL FORM I (We) appeal the following decision of the PLANNING COMMISSION to the City Council: Project name and number (or subject of appeal); SP-187(A)/ CUP 304 - LINCOLN SAVINGS & LOAN Date of decision:JUNE 3, 1987 Reason for appeal; The Application was denied loy Commission on the basis of use, which appears to be in conflict with the City's General Plan Description of "Intensive Regional Commercial" (RRI ) . In addition, the recorded Specific Plan (SP-187) for this project clearly states that "Drive-Through Facilities for Financial Insti- tutions only" ARE PERMITTED with a Conditional U Permit. 6-5-87 Date Geoffrey B. Reeslund Name(Please print) SGPA Planning and Architecture 1565 Hotel Circle South, #200 Address San Diego, CA 92108 619/297-0131 Telephone Number 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Clerk TELEPHONE (619) 438-5535 Citp of Cartebab TO:Bobbie Hoder, Planning Dept. FROM: Karen Kundtz, Deputy City Clerk DATE: June 9, 1987 RE:CUP-304/SP-187(A) - Lincoln Savings & Loan The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the date for the hearing. Thank you. The appeal of the above matter should be scheduled for the City Council Meeting of . Signature Date CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92003 438-5621 REC'D FROM DATE.i'l V7 ACCOUNT NO. .:>-/ ,-•/, ;,; ^- ^"^ RICWTNO. 70774 DESCRIPTION A r'/^ fi /- ^/- /:> ;v / j / ^c- ^.---::^"::rv::v ,/#^ /"•;.. ,(?" S Jll ' \'\ ^ 5*1*1 ;; ° . ' '. "':;^:H;:.- "'x torn AMOUNT d'l~*V'J 1 " 0 ^ 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Office of the City Clerk TO: City of Cartefoab Bobbie Hoder, Planning Dept. FROM: Karen Kundtz, Deputy City Clerk To TELEPHONE (619) 438-5535 DATE: June 9, 1987 RE:CUP-304/SP-187(A) - Lincoln Savings & Loan The above item has been appealed to the City Council. Please determine when the item will go to Council and complete the form below and return it to the City Clerk's Office. According to the Municipal Code, appeals must be heard by the City Council within 30 days of the date that the appeal was filed. Please consider this when setting the date for the hearing. Thank you. The appeal of the above matter should be scheduled for the City Council Meeting of f)g.t<4 1 7 Signature Date 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 ' Office of the City Cleric TELEPHONE. (714) 438-5535 Citp of Carlsbab APPEAL FORM I (We) appeal the following decision of the PLANNING COMMISSION to the City Council: Project name and number (or subject of appeal); SP-187(A)/ CUP 304 - LINCOLN SAVINGS & LOAN Date of decision:JUNE 3, 1987 Reason for appeal: The Application was denied by Commission on the basis of use, which appears to be in conflict with the City's General Plan Description of "Intensive Regional Commercial" (RRI). In addition, the recorded Specific Plan (5P-187) for this project clearly states that "Drive-Through Facilities for Financial Insti- tutions only" ARE PERMITTED with a Conditional U/w^ Permit. 6-5-87 Date Geoffrey B. Reeslund Name (Please print) SGPA Planning and Architecture 1565 Hotel Circle South, #200 Address San Diego, CA 92108 619/297-0131 Telephone Number CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA -.- ..:>.,, /• 438-562i:;v '* • ;-^376,yu ;i' REC'D FROM..DATE. RECEIPT NO. 70774