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HomeMy WebLinkAbout1974-11-12; Planning Commission; ; CUP 101 - BANK OF AMERICATO: FROM: CITY OF CARLSBAD PLANNING DEPARTMENT STAFF REPORT November 12, 1974 THE PLANNING COMMISSION THE PLANNING DEPARTMENT REPORT ON: CONSIDERATION OF CONDITIONAL USE PERMIT #101 F. E. BRITT, for APPLICANT: CONTINENTAL SERVICE COMPANY 1335 So. Grand Avenue Los Angeles, California 90015 I. REQUEST: The applicant is requesting approval of a Conditional Use Permit to allow a temporary bank under the provisions of Municipal Code Section 21.42.06. The project is an existing Bank of America facility located on the east side of El Camino Real between Haymar Drive and Marron Road. II. RECOMMENDATION: Staff recommends APPROVAL of Conditional Use Permit #101 based on the following findings: 1. The requested use is necessary or desirable for the development of the community, is essentially in harmony with the various elements and objectives of the general plan, and is not detri- mental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The appli- cant feels that a facility at this location serves the needs and demands of the c0111Tiunity. Very recent developments in the area have not allowed the relocation of the facility envisioned for this year. The project is in compliance with the General Plan designation of C0111Tiunity Commercial. 2. The site for the intended use is adequate in size and shape to accOOJ11odate the use. 3. 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 are provided and being maintained. The use is adjacent to other similar and compatible uses. 4. That the street system serving the proposed use is adequate to properly handle all traffic generated by the proposed use. The facility is existing, cannot be expanded, and generates small demand for public services and facilities. -- Conditions of Approval 1. The approval is granted for the land described in the application and any attachments thereto, and as shown on the plot plan submitted labeled Exhibit A. The location of all buildings, fences, signs, roadways, parking areas, landscaping, and other facilities or features shall be located substantially as shown on the plot plan labeled Exhibit A, dated 10/25/74, unless or except indicated otherwise herein. 2. All requirements of any law, ordinance or regulation of the State of California, City of Carlsbad, and any other govern- mental entity shall be complied with. 3. The applicant shall plant the slope on the southern property boundary with materials acceptable to the Parks and Recreation Director. This shall be accomplished within one month after this approval. 4. The mutual driveway between the subject property and service station to the north of the site shall be restriped to show shared:ingress/egress. This shall be accomplished within two months after this approval. 5. This approval shall expire in one year. The Planning Commission may grant a six-month extension of the Conditional Use Pennit only if construction of a permanent facility has cormnenced and is being diligently pursued. In order to commence construction within this time frame, the applicant shall obtain building permits by May 12, 1975. III. BACKGROUND A. Local Description: A portion of Northwesterly one-fourth of Fractional Section 32, Township 11, South, Range West, S.B.M., City of Carlsbad. B. Location: On the east side of El Camino Real, 200 ft. south of the intersection of Haymar Drive and El Camino Real. C. Type of Structure: Temporary bank facility with aluminum and stained wood exterior. D. Size: 1988 sq. ft. floor area; site area .50 acres. E. Coverage: 9% F. E.I.R. Finding: The project is exempt from the requirements of the City's Environmental Protection Ordinance, for reason of prior compliance. G. Zoning: C-2 with Specific Plan. H. General Plan: The General Plan shows a commercial designation for the subject property. .. -· - I. Parking: Twenty-six spaces are provided on site. The Ordinance requires only five spaces for this use. J. History: There was some concern at the time the original Specific Plan was approved by the Planning Co11111ission {October 1970) as to the duration of the temporary use. The applicant's representa- tive, Mr. Crowell, indicated at that time that other temporary banks (such as ones in Vista and Laguna Niguel) were requiring one to two years to move into permanent facilities. This period, he explained, was necessary for determining banking needs and establ i-shing services relative to demand. It has been four years since the original Specific Plan was approved. The applicant requested and was granted on November 17, 1972, an amendment to the Specific Plan which allows the temporary bank structure and use to continue until November 17, 1974. The appli- cant in January 1974 requested another two-year extension of the Specific Plan. This created an unusual situation because since the time of the original specific plan approval, the City has approved a zone code amendment #49 which would allow such uses only by conditional use permit for a period of one year. An extension of that Conditional Use Pennit could be granted only if construction has corrmenced and reasonable progress toward completion is being made. The Planning Co11111ission determined that the Conditional Use Permit procedure would be required instead of a Specific Plan extension, and instructed the applicant to return with such an application. IV. MAJOR PLANNING CONSIDERATION: At the February hearing for the Specific Plan extension, several Corrmissioners raised the question of the ethics of continually extending so-called "temporary" uses. Staff believes that this is a valid issue. Zone Code Amendment #49 elminates this problem for new uses by allowing a maximum of l½ years for temporary conmercial uses. Staff feels that the applicant is making progress toward a permanent facility and for this reason is reconmending that the one-year Conditional Use Permit be approved. A lease has already been signed for a permanent bank to be located in the Kelly/Kurlander/Vanderburg Shopping Center. ATTACHMENT: Plot Plan, Exhibit A, dated 10/25/74 SDH/br