HomeMy WebLinkAbout1987-08-04; City Council; 9102-1; Resolution denying appeal and upholdingCF~ OF CARLSBAD — AGENIT BILL
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MTG 8/4/87
DEPT CA
RESOLUTION DENYING APPEAL AND UPHOLDIN
PLANNING COMMISSION'S DENIAL OF A
DRIVE-THROUGH FINANCIAL BUILDING
SP-187(A)/CUP-304 - LINCOLN SAVINGS &
LOAN
bEPT. HD.
riTY ATT^^^
CITY MGR«3i^-
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RECOMMENDED ACTION:
If Council concurs your action is to approve Resolution No.
9/7? denying the appeal and upholding the Planning
Commission decision to deny SP-187(A) and CUP-304.
ITEM EXPLANATION
The City Council at your meeting of July 21, 1987 directed the
City Attorney to prepare documents denying the appeal and
upholding the Planning Commission's decision to deny SP-187(A)
and CUP-304.
The City Council should satisfy itself that the findings of the
Planning Commission as shown in Planning Commission Resolution
Nos. 2647 and 2648 accurately reflect your intentions in the
matter, that they state facts found by you to be true, and that
they adequately explain your reasons for denying the appeal and
upholding the Planning Commission's decision to deny SP-187(A)
and CUP-304.
EXHIBIT
1. Resolution No., denying the appeal.
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RESOLUTION NO. 9178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A
DRIVE-THROUGH FINANCIAL BUILDING FOR LINCOLN
SAVINGS & LOAN.
APPLICANT: LINCOLN SAVINGS & LOAN
CASE NO; SP-187(A) & CUP-304
WHEREAS, a verified application for a specific plan and
conditional use permit for certain property to wit:
That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp
Eucalyptus Forest) June 8, 1908,
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, the Planning Commission did on the 3rd day of
June, 1987 hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, the Planning Commission did hold public
hearings to consider this application on April 1, 1987 and June
3, 1987 which were duly noticed public hearings as prescribed by
law; and
WHEREAS, the Planning Commission did on June 3, 1987,
after said public hearings, deny the request for a specific plan
amendment and a conditional use permit; and
WHEREAS, the Planning Director has determined that this
project will not cause any significant environmental impacts ,
and, therefore, issued a Negative Declaration, dated March 14,
1987 and published on March 14, 1987 and approved by the Planning
Commission on June 3, 1987 in satisfaction of the requirements of
the Carlsbad Environmental Protection Ordinance and the
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California Environmental Quality Act? and
WHEREAS, the applicant has appealed the decision of the
Planning Commission to the City Council; and
WHEREAS, on July 21, 1987 the City Council of the City
Carlsbad held a duly noticed public hearing as prescribed by law
to consider said appeal and at said hearing after consideration
of all the evidence, testimony, argument of those persons present
and desiring to be heard the City Council determined to deny the
appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council 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
hearing the City Council denies the applicant's appeal and
upholds the Planning Commission's decision to deny the amendment
to the specific plan and conditional use permit, based on the
findings as shown in Planning Commission Resolution'Nos. 2647 and
2648 attached hereto as Exhibits "A" and "B" respectively and
made a part hereof.
C. This action is final the date this resolution is
adopted by the City Council. The provisions of Chapter 1.16 of
the Carlsbad Municipal Code entitled "Time Limits for Judicial
Review" shall apply and the following required notice is issued:
2.
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision
must be sought is governed by Code of Civil Procedure,
Section 1094.6, which has been made applicable in the
City of Carlsbad by Carlsbad Municipal Code Chapter
1.16. Any petition or other paper seeking judicial
review must be filed in the appropriate court not later
than the ninetieth day following the date on which this
decision becomes final; however, if within ten days
after the decision becomes final a request for the
record of the proceedings accompanied by the reguired
deposit in an amount sufficient to cover the estimated
cost of preparation of such record, the time within
which such petition may be filed in court is extended to
not later than the thirtieth day following the date on
which the record is either personally delivered or
mailed to the party or his attorney of record, if he has
one. A written reguest for the preparation of the
record of the proceedings shall be filed with the City
Clerk, City of Carlsbad, 1200 Elm Avenue, Carlsbad,
California 92008."
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California, held on
the 4 th day of August / 1987 by the following
vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine Mamaux and Larson
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L RAUTENKRANzcity CU
3.
EXHIBIT "A
PLANNING COMMISSION RESOLUTION NO. 2647
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- WHEREAS, a verified application has been filed with the
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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-
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) 3une 8, 1908.
15"WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to CUP-304.
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;
25* 1) A drive-through use is more appropriate in a community
commercial shopping center than in a regional center such as
the one proposed.
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- 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.
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-(Planning Commission of the City of Carlsbad, California, held ono
& Schramm.
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2) A drive-through financial facility is generally a single
vehicle trip generator and could create additional traffic
PASSED, APPROVED AND ADOPTED at a regular meeting of the
the 3rd day of June, 1987, by the following vote, to wit:d
AYES: Chairman Marcus, Commissioners McFadden, Holmes,
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NOES: Commissioners McBane & Hall.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
MARY MABnJS, Chairman
CARLSB/0 PLANNING COMMISSION
17 I MICHAEL 3. HOLTMILLvgR
PLANNING DIRECTOR
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27 PC RESO NO. 2647 -2-
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EXHIBIT "B
PLANNING COMMISSION RESOLUTION NO. 2648
1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING DENIAL OF SPECIFIC
2 PLAN 187(A), TO AMEND AN APPROVED SITE PLAN FOR THE NORTH
COUNTY PLAZA TO ALLOW A DRIVE-THROUGH FACILITY WITHIN THE
3 NORTHWEST CORNER OF THE PROPERTY.
APPLICANT: LINCOLN SAVINGS AND LOAN
4 CASE NO; SP-187U)
WHEREAS, a verified application for certain property, to
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7' That portion of Lots 32 to 36 inclusive, Map 1136 (Hosp
Eucalyptus Forest) June 8, 1908,8
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; and12
WHEREAS, the Planning Commission did, on the 3rd day of13
June, 1987, hold a duly noticed public hearing as prescribed by
law, to consider said request; and15
WHEREAS, at said public hearing, upon hearing and16
_ considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
IS
_Q 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:
_ Findings;25
1) A drive-through use is more appropriate in a community
*" commercial shopping center than in a regional center such as
the one proposed.
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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 4 Hall.
ABSENT: Commissioner Schlehuber.
ABSTAIN: None.
MARY MARCUS, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL 3. HOLZMILLER-'
PLANNING DIRECTOR
PC RESO NO. 26*8 -2-
1200 ELM AVENUE • J367 k • TELEPHONE:
CARLSBAD, CALIFORNIA 92008 W^4wJrM <619> 434-2808
OWce o^ f/;e C/fy Clerk
Cttp of Carl^bab
August 10, 1987
Lincoln Savings & Loan Association
18200 Von Karman
Irvine, CA 92715
Enclosed for your records, please find a copy of the
following Resolution 9178 , adopted
by the Carlsbad City Council on August 4. 1987 .
EE RAUTENKRANZ
City Clerk
LR:lw
Enclosures ( 1)