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HomeMy WebLinkAboutCUP 241; California First Bank; Conditional Use Permit (CUP)REQUEST • Zone Change •General Plan Amendment •Tentative Tract Map •Planned Unit Development •Major Condominium Permit •Minor Condominium Permit •Master Plan •Major Condominium Conversion •Major Redevelopment Permit (check other boxes if appropriate) •Minor Redevelopment Permit •Precise Development Plan • Specific Plan • Site Development Plan IglConditional Use Permit •Variance • Planning Commission Determination • Special Use Permit •Administrative Variance Ccitplete Description of Project (attach additional sheets if necessary) Location of Project T Legal Description (complete) Parcel C of Parcel Map No.1703, filed in the Office of the County Recorder of San Diego County July 6, 1973, being a portion of Lot B of Rancho Agua Hedionda in the County of San Uiego^ state ot cailtornia, accoraing to nap thereof No.323,-filed in the Office of the Coujt Assessors Pcvrcel Number ^^raer iTov-it), le^tSfeneral Plan Existing Land Use Proposed Zone Proposed General P3.an Site Acreage uwner ApDlicant Name (Print or lype) v.CALIFORNIA FIRST BANK. TRUSTEE Name (Print or Type) "Mailing Address Mailing Acidress / P 0 BOX 109 City and State /SAN DIEGO, CA Zip Telephone 92112 230-4652 City and State i^\^u» a Zip Telephone I CERTIFY THAT I AM TlJ'E OWNER'S REPRESENTATIVE AND imT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY IHAT I AM TKE LEGAL OmER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BF^T OF MY KNCWf^DGE. DATE AUG 9,1983 SIG^yS^RE DATE F<;es"Rege'iveJ' Receipt' No. Date ApW icatli Received By Ion Rec'TI ' Sta i'F"A3;-. igr «ec-l" CITY OF CAJ^BAD 1200 ELM AVENUE • CARLSBAD, CALIFORNIA 92008 (714) 438-5551 RECEIVED FROM ADDRESS . DATE 7 A/C. NO. DESCRIPTION AMOUNT c/^ 8f ol C' I.K P /CO — . i3 "% § a) 1'^^ SI . . 34891 NORTH COUNTY BANK ESCONDIDO, CALIFORNIA DETACH AND RETAIN THIS STATEMENT :neo CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIF Y US PROMI^TLY, NO RECEIPT DESIF^D, DELUXE FORM I^WVO-3 ^ V-Z DESCRIPTION AMOUNT For 5580 El Camino Real. CASE NO.: CC//^-J?^^ DATE RECEIVED; / ^/7 APPLICANT; (^!^^>-^.^f^g-2,-»u^ REQUEST: ENVIRONMENTAL 4^ EXEM>T OR EXCEPTED:_ Posted: Filed; Prior Compliance: NEGATIVE DECLARATION:_ Posted: Published: E3WIRDNMENTAL IMPACT REPORT; Notice of Preparation; Notice of Completion: Published: Filed; Notice of Determination: Notice of Detennination: PLANNING COMMISSION 1. Date of Hearing; 2. Publication: 3. Notice to Property Owners: 4-Q'7--^^ 4. Resolution Nb. c^cSSS (Continued to: 5. i^jpeal: Date: ^-^-S^ ACTION:/^j^^^,,^^ CITY COUNCIL 1. Date of Hearing; 2. Notices to City Clerk: 3. Agenda Bill: 4. Resolution No. 5. Ordinance Nb. Date;_ Date: ACTION: CORraiSPCMDENCE Staff Report to Applicant: Resolution to Applicant: t RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: t CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, California 92008 Space above this line for Recorder's use Documentary transfer tax: $ No fee yioi /^^t.^^ Signature of declarant determining tax-firm name City of Carlsbad Parcel No. 209-040-22 AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE THIS AGREEMENT is entered into this 22 day of AUGUST , 19 83 by and between NORTH COUNTY BANCORP •(Nameof Developer) a corporation , hereinafter referred to as (Corporat ion, partnership, etc.) "Developer" whose address is 444 SOUTH ESCONDIDO BLVD. PO BOX 1476 TsTTeTtl ESCONDIDO. CALIFORNIA 92025 (City, State, Zip Code) and CALIFORNIA FIRST BANK, a California Banking Corporation, as Trustee (Name of Legal Owner) a corporation ^ hereinafter referred to as (Corporation, etc.) "Owner" whose address is P 0 Box 109 ! (St reet) San Diego. CA 92112 (City, State, Zip Code) AND the CITY OF CARLSBAD, a municipal corporation of the State of California, hereinafter referred to as "City", whose address is 1200 Elm Avenue, Carlsbad, California, 92008. CUP t s RECITALS WHEREAS, Owner is the owner of the real property described on Exhibit "A", attached to and made a part of this agreement, and hereinafter referred to as "Property"; and WHEREAS, the Property lies within the boundaries of City; and 163. S6 WHEREAS, Developer has contracted with Owner to ppT cha-8'e~ the Property and proposes a development project as follows: bank branch on said Property, which development carries the proposed name of NORTH COUNTY BANK, Carlsbad Office and is hereinafter referred to as "Development"; and WHEREAS, Developer filed on the day of 19 , with the City a request for a conditional use permit hereinafter referred to as "Request"; and WHEREAS, the Public Facilities Element of the City General Plan requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved (said element is on file with the City Clerk and incorporated by this reference); and WHEREAS, Developer, Owner and City recognize the correctness of Council Policy No. 17 dated April 2, 1982, on file with the City Clerk and incorporated by this reference, and that the City's public facilities and services are at capacity and will not be available to accommodate the additional need for public facilities and services resulting from the proposed Development; and -2- REV 4-2-82 t : WHEREAS, Developer and Owner have asked the City to find that public facilities and services will be available to meet the future needs of the Development as it is presently proposed; but the Developer and Owner are aware that the City cannot and will not be able to make any such findings without financial assistance to pay for such services and facilities; and, therefore, Developer and Owner propose to help satisfy the General Plan as implemented by Council Policy No. 17 by payment of a public facilities fee. NOW, THEREFORE, in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. The Developer and Owner shall pay to the City a public facilities fee in an amount not to exceed 2% of the building permit valuation of the building or structures to be constructed in the Development pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development and shall be based on the valuation at that time. This fee shall be in addition to any fees, dedications or improvements required pursuant to Titles 18, 20 or 21 of the Carlsbad Municipal Code. Developer and Owner shall pay a fee for conversion of existing building or structures into condominiums in an amount not to exceed 27, of the building permit valuation at the time of conversion. The fee for a condominium conversion shall be paid prior to the issuance of a condominium conversion permit as provided in Chapter 21.47 of the Carlsbad Municipal Code. Condominium shall include community apartment or stock cooperative. The terms "other construction permits", "other construction permit" and "entitlement for use" as used in this agreement, except in reference to mobilehome sites or -3- REV 4-2-82 # projects, shall not refer to grading permits or other permits for the construction of underground or street improvements unless no other permit is necessary prior to the use or occupancy for which the development is intended. Developer and Owner shall pay to City a public facilities fee in the sum of $1,150 for each mobilehome space to be constructed pursuant to the Request. The fee shall be paid prior to the issuance of building or other construction permits for the development. This fee shall be in addition to any fees, dedications or improvements required according to Titles 18, 20 or 21 of the Carlsbad Municipal Code. 2. The Developer and Owner may offer to donate a site or sites for public facilities in lieu of all or part of the financial obligation agreed upon in Paragraph 1 above. If Developer and Owner offers to donate a site or sites for public facilities, the City shall consider, but is not obligated to accept the offer. The time for donation and amount of credit against the f ee shall be determined by City prior to the issuance of any building or other permits. Such determination, when made, shall become a part of this agreement. Sites donated under this paragraph shall not include improvements required pursuant to Titles 18 or 20 of the Carlsbad Municipal Code. 3. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City's General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. No building or other construction permit or entitlement for use shall be issued until the public facilities fee required by this agreement is paid. -4- 4. City agrees to deposit the fees paid pursuant to this agreement in a public facilities fund for the financing of public facilities when the City Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar public facilities fees are available. 5. City agrees to provide upon request reasonable assurances to enable Developer and Owner to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 6. All obligations hereunder shall terminate in the event the Requests made by Developer are not approved. 7. Any notice from one party to the other shall be in writing, and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in one of the following manners: 7.1 If notice is given to the City of personal delivery thereof to the City or by depositing same in the United States Mail, addressed to the City at the address set forth herein, enclosed in a sealed envelope, addressed to the City for attention of the City Manager, postage prepaid and certified. 7.2 If notice is given to Developer by personal delivery thereof to Developer or by depositing the same in the United States Mail, enclosed in a sealed envelope, addressed to Developer at the address as may have been designated, postage prepaid and certified. -5- REV 4-2-82 t I 8. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer, Owner and the City, and references to Developer, Owner or City herein shall be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer's interest in the property shall have first assumed in writing the Developer's obligations hereunder. At such time as Owner ceases to have any interest in the Property, all obligations of Owner hereunder shall terminate; provided, however, that if any successor to the Owner's interest in the Property is a stranger to this agreement, such successor has first assumed the obligations of owner in writing in a form acceptable to City. 9. This agreement shall be recorded but shall not create a lien or security interest on the Property. When the obligations of this agreement have been satisfied. City shall record a release. /// /// /// III -6- A-O^fl^L t t IN WITNESS WHEREOF, this agreement is executed in San D-iego County, California as of the date first written above. OWNER: California First Bank, a California Banking Corporation as Trustee DEVELOPER: NORTH COUNTY BANCORP E PRESIDENT ATTEST CITY OF CARLSBAD, a municipal corporation of the State of California ALETHA L. RAUTENKRANZ City Clerk BY City Manager APPROVED AS TO FORM: VINCENT F. BIONDO, JR., City Attorney a IS /t.T~.-1 ~u.,,>...i a/)rra.T.an^ rtf ovofiifi'nn hv DEVELOPER and OWNER must be Attached to Agreement re: Payment of a Public Facilities Fee dated August 22, 1983. STATE OF CALIFORNIA | COUNTY OF San Diego | _ On this the 21st November 83 SAFECO me, the undersigned Notary Public, in and for said County and State personally appeared .l^'^^^. ^r Gregg SS. proved to me on the basis of satisfactory evidence to be the President, and Jennifer L. Mees proved to me on the basis of satisfactory evidence to be^l'^^ President ^^o^^t^r^ of the corporation that executed the within instrument on tjehalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of it s board of directors. Signature - ^'^^Xjv^V^V,^ • VAJ'V,1^(V\^JL^ Sharvll R. i-Vhri Ho FOR NOTARY SEAL OR STAMP OFHCIAL 3£AL ; Sharyll R. Kirkbride Notary =ubiic California ^ Principal Office in ' San Diego Countv ^'y Comrn Exp, Mav 18. 1987 ; t t LEGAL DESCRIPTION 5580 EL CAMINO REAL, CARLSBAD, CALIFORNIA ASSESSORS PARCEL NUMBER 209-0^t0-22 Parcel C of the Parcel Map No: 1703, filed in the Office of the County Recorder of the San Diego County July 6, 1973, being a portion of Lot B of Rancho Aqua Hedionda in the County of San Diego, State of California, according to Map thereof No. 323, filed in the Office of the County Recorder November 16, I896. I 1 3 3 4 B J 7 8 » 10 11 12 13 14 IS 16 17 18 19 30 31 33 33 34 30 34 27 2021 SWIRSXY 4 SAUn AttoriMys at ];.•« 2*«5 RoOMVOlt StrMt tost Ofdc* Box lltS Carlsbad, California t20M Talsphonai (714) 729-1197 Attornaya for PatitioMrs nuD CCI'Nrv . ,j . APR i i» 1979 CIWV, 3 4;^ •-M.'A. C/;i,f-o.-.n.., SUPERIOR COORT 01* TBS VIKIt t» CAX-IFORMJA FOR THE COUMTf OT SAN OIWO XSTATS OF RALPH J. PAUtER, oacaasad. Mo. FN 1774 JUDGMarr SETTLING Foom AND FINAL ACCOUNT AMD RETORT OT CO-BXECUTDRSi ALLOWING COWSMSATION FOX tXTRAOKDIBAXT SERVICSSi AID OP FINAL OISTRIBOnOR PATRICIA K. PALMER and HABLAM Q. PALMER. JR.. as Co-Bxaoa- tota of tha Will of RALPH J. PAUOR, Oaeaaaad, having baratofora fllad thair FOURTH AND PINAL AeCOUMTf KOOKt OF CO-BXaCDTOtS ANO PETITION FOR ITS SRTLBMnT} mXtlOM FOR ALLOWANCE OP CQKPINSft- TIOH FOR BXTRAOROnUMnt SERVICES AMD PBTmOM FOR PIMM, OISTRIW- TIOH. and tha said Aoeowt. Mport aad t«titio«s coalag on r«qu- larly for haaring on April Ct 1(79, tha Court tindai 1. Dua actio* of tb* boMrlng of tb* Patitioa ha* baan r*9ttlarly «lv*n aa raqalr«d by law- S. All th* aota and txansoetioM *< th* OoHtoaoator* ..I - t 2d25 b*t»**n th* d*o«»*nt asd his sar»i»ln« •«« " K. PALMER by oparation of law as a rosult of h*r survivorship. Th* rasldanca did not coastitHta a pact of th* probata astata. Tha housahold fumitura, fuml*hin«* and parsonal affacts of tha dacadant which oonstitut«J Ita. 7 of Partial Invantory No. 4. of an appraised valua of $750.0P. was distribatad to PATRICIA K. PALMER, by tha Court Ordar Appointing Trustaa of Tastansntary Trust and Judgi-nt of Prali«in*ry Distribution, antarad by tha court on January 20. 1978. Tha r*c*ipt of PATRICIA R. PAPIER for tha distribution is on fil* h*rain. TO: CALIFORNIA FIRST BANK, a fslifornia Banking corporation, aa trustaa. ""^ du* of th* .Stat*, to b* hald, and distributwJ in accordanca with tha pro- visions of tha trust astablishjd undor Article FIFTH of th* Will of th* decadent a«l Judgment of this Court, as set forth in the order Appointing frusta* of Testa- nantarv Trust and Judgaant of Prali«inary W^trlbuIISS: antaradTth. Court on J^uary 20, 1978 and the Judgment of Final Distribu- tion of this Court. Article FIFTH of tha dacedanfs Will provides in part as follows: "I give, devise and b*qu*ath tha '••i*"" to ^ brothers, HARLAN 0. PALMER. JR.. •«> "'"O". PALMBRrharein called Trustees. in trust, to hold, manage and distribute as follows: During the adlnistration of th* *.tat*. HARLAN G. PAU«R. JR.. and BYRON PALMER d*clin«l to act as trustoas. and th*ir dec- li«.tion. ara on fil. with th* Court in this proc**din,. Articl* EIGHTH of o«s*d*nfs Will provW*. that, in the event that both HARLAN a. ttOMOi. JR., W*" «*" " ~ to act as tnst*** of th* trust er*«t*d by d*ced«.fs will. t 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 It) 19 20 21 22 23 24 2S 26 27 38 2026 SBCtRITT FIRST NATIONAL BANK, a national banking association, now Scnown as SECURITY PACIFIC NATIONAL BAHK, wss designated as suc- cessor trustee. SECURITY PACIFIC NATIONAL BANK has declined to serve as trustee or successor trusts*, and its declination ia on file with tha Court in this proceeding. In Decenbar, 1977, the ' petitioners filed with the Court a Petition for Order Appointing { Trustee of Testaawntary Trust and Petition for Prelininary Dis- | tribution. wherein petitioners requested the Court to appoint | CALIFORNIA FIRST BANK, a California banking corporation, ai Trustee for the purpose of carrying out the teras of the trust provided in the Will of the decedent. CALIF0RI4IA FIRST BANK consented to act ^ as such Trustee and its consent to act as Trustee is on file with ; the Court in this proceeding. By an Order entered on January 20, 1978, the Coart appointed CALIFORNIA FIRST BANK, a Califorr.la bank- ing corporation, as Trustee under the trust set forth in the dece- dent's Will. By tho terms of the Will of decedent, duly admitted to pro- : bate herein, and the election and waiver of PATRICIA X. PALMER, surviving wife of the decedent, filed herein, the assets on hand of the estat'S to be distributed, subject to payment of administra- : tion expenses requested \ai reserved for closing expenses, should j be distributed as follows: TO: CALIFORNIA FIRST BANK, in trust, as the resi- due of the estate, under Article Fin'U of the Will of the decedent. 17. Distribution should b. ordered aa prayed for. IT IS ORDERED AMD AMUDGBD by th. Court that: 1. Th* aAainistratloa of tha aetata is brought to a close. t t ff I 8 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 23 23 34 3S 38 37 38 2«28 disbriMtod i* tb* feUowing MIUMXI TOt CUirORRZA FIRST RMS, i* tVU«t« UHter Articl* Pzm of th* Hill ef th* 4*e«-d*Bt, th* (oXlowlng d*«crib*d pMv*rtyi 1. Owekinf Aeeount Ro. ISOaSlSSO, Soaehw**t Bank, Curlafaad Rraoeh, Carlsbad, Califomia VALUB 2. Savings Account No. 12043959S, SouthMst Bank, Carlsbad Rraaeh, CarlsbMl. Califocaia VALUE 3. Savings Account Ro. 4-010311-S, Ocaansld* P«d*r*l Savings and Loan Association, Carlsbad Braaeb, Carlabad, California VALDI 4. Savings Aeceuat Mo. 04-611772-S (FiMd T*rai C*rtlf ieat*), Oe*aa- 8id* P*d*ral Saving* aad Loan Aaaoclation, Carlabad Rraaeh, Carlsbad, Calif oraia VALOt 5. Savings Aeoouat Ro. 3304-07SS7, Wast Coast Rational Bank, Carlsbad Branch, Carlahad, CalifomU VALUE C. Savinga Aoeount Ro. 07-«03099*S-« (Fijiod T*ni C*rtifleat*) Raa Dltigo F*d*ral Saving* aad Loa* Asaociatioa, Oeoaasld* Rraaeh, Oc**nsl4*, California VALOR 7. savings Aeoouat Re. 1S-S10S39-7 (Fixed T*ra Cwrtifleata), Rois* Saving* aad Loan Asaooiatiea, Hellywoed Rraaeh, Rollyweod, CaUforal* S73.09 t 9S,653.40 f 23,«SS.ll I 3C,100.00 t 20.000.00 I 4.213.22 M,717.13 t t I 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 23 33 24 20 36 37 38 2032 This note la saeurud by a D**d of Truat. datad D*e*aib*r 13, 1977, with Tltl* lasuraaea aad Trust Ooap.uiy, a Califomia corporatioa, aa Trust**, aad reoordod oa April 34, 1971 aa Fila/Pag* so. 7S-161C33, Offi-cial Raeesds, Saa Oiago Couaty, California. VALUE t 196,114.19 20. laprovad real property, known aa 'SSSO El Caalno Real, Carla- bad, California*, aad legally daacribad ast Pareal C of Parcai Map Ho. 1703, filed in th* office of th* County R*cord*r of San Diago County, Califor- nia, July 6. 1971, being a portion of lot B of Rancho \gua Hedionda, in tha County of San Diego, Stat* of ''al-ifornia, according to Nap thereof No. 833, filed in th* Office of tb* County R*- cord*r, Noveaber 16, 1896. APPRAISED VALUE $ 63,342.97 10. The property bereinbafor* diatribotad in trust shall be held by the Truatee Tor tha following ua*a aad purposes: (a) In the event ay wife survives as, tbe Trustee nhall aegregate and divide the trust es- tate into two trusts, hereinafter called the Marital Deduotioa Trust and the Residuary Truat, which ahall eoastitut* a*p*rat* trust*, and shall ba held aad adalnisterM a* such. lOr ths pur- poses of auoh diviaion tha value of said residue shall be considered a* uadlainiahed by i-herltanca aad federal eatate taxea aad aaid taxea Jhall ba r 2041 1 between theae accounta. Except inaofar aa the | trustee shall exercise this di«>ration, natters relating to the tights of beneficiariea aaong j themaalves as to principal and incoaa ahall be governed by the proviaiona of the Principal and income Lav from tiae to tiae exiating. (7) The enuaeration of certain powers of the trustee shall not liait its general powers, the trustee, subject always to the dis- charge of its fiduciary obligations, being vested with and having all tha rights, powers and privi- leges which an absolute owner of th. saae pro- perty would have. U. Any other property of the estate not now known or dis- covered -hxch aay belong to the eatate, or in wh.ch the decedent or the estate may have any int.reat is distributed to CALIFORNIA FIRST BANK, in trust, to b. h.ld by th. Trustee for th. uses «uJ purposes hereinabo'e set forth. DATED:^ IPC, vj FROEHUCH.,JR.. rB.aMMM.T. 31 - t I wks Buc« c«ui*rr. cuir. 1-7 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, 55 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 principa I clerk of the printer of the CaMsbad Joumai 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 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: NEGATIVE DECLARATlbN PROJECT ADDRESS/LOCA- TION: Southeast corner o(El Cami- no Real and Faraday Avenue. PROJECT DESCRIPTION: Con- ditional Use Permit to allow a drive-thru banic facility. The City of CarUbad has con- ducted an en^ironinental review of the above described project pur-suant to the Guidelines for Imple- mentation of the California Envi- roninental Quality Act and the En- vironmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declara- tion (declaration that the project will not have a significant impact oh the envjlrpnment) is hereby issued for the snbject prOjectSusti- flcation for this'aetibn is oh file in the Land Use PlWJBlng .Offife. A copy of the Negative Declkn- tion with suppprtivt documents is on file in the Land Use Plaiining Office, City Hall. 1200 Elm Avenue. Carlsbad, CA. 92008. Comments trom the public Sre invited. Please submit comments in writing to the Land Use Planning Ofllce within ten (10) days of date of issuance. Dated. April 23,1B84 Case No: CUP,M1 Applicant: California First Banit MICHAEL J. HOLZMILLER . Land Use Planning Manager CJ S370: April 28, 1984 April 2 8 19 . .84 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 t.he 28th day of April 1984 Clerk of the Printer NOTICE OF PUBLIC HEARING Bit NOTICE IS HEREBY GIVEN that the Planning Conmission of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California, at 7:00 p.m. on Wednesday, May 9, 1984, to consider approval of a conditional use pennit for a drive-thru bank facility cai property generally located on the southeast corner of Faraday Avenue and El Camino Real in the M-Q zone and more particularly described as: Parcel C of Parcel Map No. 1703, filed in the Office of the County Recorder July 6, 1973. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. If you have any questions please call the Land Use Planning Office at 438-5591. CASE FILE: APPLICANT: PUBLISH: CUP-241 California First Bank i^ril 28, 1984 CITY OF CARLSBAD PLANNING OC*MISSICN L O C A T I O IM A P CALIFORNIA FIRST CUP-241 Carlsbad Journal Decreed a Legal Newspaper by the Superior Court of San Diego County 3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345 Proof of Publication STATE OF CALIFORNIA, js. COUNTY OF SAN DIEGO, I am o 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 Csrlsbad 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 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: NOTICE OF PUBLIC HEARING NbTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the City Council Cham- bers; 1200 Elm Avenue, Carlsbad, Califomia, at 7:00 p.m. on Wednes- day, May 9, 1984, to consider approval of a conditional use per- mit for a drive-thry banKHacUity on property generally locate pn the .southeast corner of Faraday Ave-nue and El Camino Real in the M-Q LOCATION zone and more particularly de- scribed as: Parcel C of Parcel Map No. 1703, filed in the Offlce ofthe County Re-corder Juljr 6.1973. Thpse persons wishing to speak on this proposal are cordially in-vited to attend the public hearing. If you have any questions, please call the.Land Use Planning Office at 438-SS91. Case File: CUP441 Applicant: California First Bank CITY OF CARLSBAD PLANNING COMMISSION MAP CALIFORNIA FIRST CUP-241 April 2 8 19 . 19 . 19, 19 19 84 I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad, County of San Diego, State of California on the 28th of April 1984 day Clerk of the Printer CJ 8361: April 28.1984 DEVELOPMENTAL OL •..Jlji 1200 ELM AVENUE SERVICES B^^Z H CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE ^^^IJ^M (619) 438-5591 Citp of Carls^bab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATICN: Southeast corner of El Camino Real and Faraday Avenue. PROJECT EESCRIPTIC*!: Conditional Use Permit to allow a drive-thru bank 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 tJie 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 iirpact cn the environment) is hereby issued for the subject project. Justification for this action is on file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is an file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please suhOTiit COTiments in writing to the Land Use Planning Office wit±in ten (10) days of date of issuance. DATED: April 23, 1984 MICHAEL J. KDE/ZMII CASE NO: CUP-241 Land Use Planning Manager APPLICANT: California First Bank PUBLISH DATE: ;^ril 28, 1984 ND-4 5/81 FEE: $100 RECEIPT NO: J ^ S"^ ( ENVIRONMENTAL IMPACT ASSESSMENT FORM - Part I (To Be Completed by APPLICANT) CASE NO: DATE: / W 7/ Applicant: HORlH COIHW fe4HK Address of Applicant: AAA^ feS^PUPlCte feV^Q : fe^CoHO»Op CAS,\f Phone Number: { U^^) 14-^ -1100 . Name, address and phone numbe-r of person to be contacted (if other than. Appl icant) : T?OM>>Vp K. 0A\>16 A(^a»te<.r ^^TO Vg*^' ST "^.A Cdo lnof GENERAL INFORMATION; • T i. Description of Project: TP CQMCW Of^^ fOftrt^M »IP ft3*»%i>tlxu O0pUg' .Pft^^tuiw av^fX— - ^ . Project Location/Address: 55^0 gAMiMO V'^C^.C ^ g*(lLSMO 66v.\^ Assessor Parcel Number; Zone of Subject Property: Proposed use of Site: T Niq^HtSHWa List all other applicable applications related to this project Describe the activity area, including distiguis^^g natural and man- made characteristics; also provide precise slope analysis when appropriate. 3. Describe energy conservation measures incorporated into the design and/or operation of the project. 4» If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. 5. If commercial, indicate the type, whether.neighborhood, city or regionally oriented, square footage of sales area, and loading facilities. 6. If industrial, indicate type, estimated employment per shift, and loading facilities. 7. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. •2- ENVIRONMENTAL IMPACT^TOALYSIS ' . • Answer the following questions by placing a check in the appropriate space. (Discuss all items checked "yes". Attach additional sheets as necessary.) 1) Could the project significantly change present land uses in the vicinity of the activity? 2) Could the activity affect the use of a recreatiohal area, or area of important aesthetic value? 3) Could the activity affect the functioning of an established community or neighborhood? 4) Could the activity result in the displacement of community residents? YES NO 6) Could the activity decrease the number of-low and. _ modest cost housing units in the city? 7) Are any of the natural or man-made features in the activity area unique, that is, not found in other parts of the county, state or nation? 8) Could the activity significantly affect an historical or archaeological site or its settings? 9) Could the activity significantly affect the potential use, extraction, or conservation of a scarce natural resource? 14) Could the activity change existing features of any of the city's beaches? 5) Could the activity increase the number of low and iv modest cost housing units in the city? 10) Does the activity significantly affect the potential use, extraction, or conservation Of a \y scarce natural resource? 11) Could the activity significantly affect fish, wildlife or plant life? 12) Are there any rare or endangered plant species in the activity area? 1/ 13) Could the activity change existing features of ^ any of the city's lagoons, bays, or tidelands? • 1/ 15) Could the activity result in the erosion or e.limination of agricultural lands? 16) Could the activity serve to encourage development of presently undeveloped areas or intensify develop- ment of already developed areas? ' -3- YES NO 30) Will the activity result in substantial increases in the use of utilities, sewers, drains or streets? 17) Will the activity require a variance from established environmental standards (air,, water, noise, etc.)? - , ' •• •18) Will the activity require certification, authoriza- tion or issuance of a permit by any local, state or » federal environmental control agency? ^ 19) Will the activity require issuance of a variance • or conditional use permit by the City? ^ 20) Will the activity involve the application, use, or ^ disposal of potentially hazardous materials? . ^ 21) Will the activity involve construction of / ' iv* facilities in a flood plain? • 22) Will the activity involve coristruction of ^ facilities in the area of an active fault? 23) Will the activity involve construction of ' facilities on a slope of 25 percent or greater? • ^ 24) Could the activity result in the generation of ^ significant amounts of noise? ' 25) Could the activity result in the generation of significant amounts of dust? 26) Will the activity involve the burning of brush, ^ trees, or other materials? 27) Could the activity result in a significant change in the quality of any portion of the region's air or water resources? (Should note surface, ground \^ • water, off-shore.) • 28) Will the project substantially increase fuel consumption (electricity, oil, natural gas, etc.)? *^ 29) Will there be a significant change to existing |^ land form? ^ ^ (a) Indicate estimated grading to be done in cubic yards: . (b) Percentage of alteration to the present land form: .. (c) Maximum heiglit of cut or fill slopes: 31) Is the activity carried out as part of a larger ^ project or series of projects? II. STATEMENT OF NON-SIGNIFICANT ENVIRONMENTAL EFFECTS If you have answered yes to one or more of the questions in Section I but you think the activity will have, no significant environmental effects, indicate your reasons below: III. COMMENTS OR ELABORATIONS TO ANY OF THE QUESTIONS IN SECTION I (If additional space is needed for answering any questions, attach additional sheets as needed.) Signature (Person Completing Report) Date Signed -5- DATE: TO : Planning Department Engineering Department FROM: Fire Department CONDITIONS FOR PROJECT # C? OF ^' STANDARD CONDITIONS (9 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. Additional public and/or on site fire hydrants shall be provided if deemed necessary by the Fire Marshal. The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives to the Fire Marshal for approval. An all weather access road shall be maintained throughout construction. All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire Department. All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane-Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. Fire retardant roofs shall be required on all structures. Brush clearance shall be maintained according to the specifications contained in the City of Carlsbad Landscape Guidelines Manual. All fire alarm systems, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. All roof-top appurtenances shall be architecturally integrated into the design of the building and shielding to prevent noise and visual impacts, subject to approval before issuance of permit. Building exceeding 10,000 sq. ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq. ft. (or less) areas. ADDITIONAL CONDITIONS/COMMENTS ^T/.',; *A;Lt V'/0(? r^'Aj: z/^'i:;:. ' ^^.ST-^/^^K Z7/e/t/£ ^/^v ""re.. 11- L. k L /s ^ TK i Dr^ ^ V E H [<. u Z ^' £ PoES NOT CcMFof^iw To THE Ciry!s f(X L/^cvc O^^THE/H) AR^/V/OT-SHOIOA:), Tfie DEVELOPMENTAL SERVICES LAND USE PLANNING OFFICE 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5591 Citp of CarliJtjab April 27, 1984 Ronald K. Davis Architect 3578 30th St. San Diego, CA 92106 SUBJECT: CUP-241 - CALIFORNIA FIRST BANK Preliminary Staff Report The preliminary staff report for the above referenced project has been completed. A copy of the report, including the recom- mendation and conditions, is enclosed. This preliminary report will be discussed by staff at the Development Coordinating Committee (D.C.C.) meeting which will be held on May 1, 1984, beginning at 9:20 a.m. If you have any questions concerning the report, you may attend the D.C.C. meeting. If you need additional information concerning this matter, please contact the Land Use Planning Office at 438-5591. CITY OF CARLSBAD MICHAEL J. HOLZMILLER Land Use Planning Manager By: /L^^ /7%^ Land Use Planning Office MJH:ad Enclosure APPLI DECEM' ION SUBMITTAL DATE; 7, 1983 STAFF REPORT DATE: May 9, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: CUP-241 - CALIFORNIA FIRST BANK - Request for approval of a conditional use permit for a drive-thru bank facility on the southeast corner of Faraday Avenue and El Camino Real in the M-Q zone. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE the Negative Declaration issued by the Land Use Planning Manager and ADOPT Resolution No. 2288, APPROVING CUP-241, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION The applicant is requesting approval of a conditional use permit for a drive-thru bank facility on a 1.3 acre lot, located as described above. The subject property is currently occupied by 13,350 square foot structure, formerly used by Sierracin- Magnadyne. The applicant is proposing to remodel the existing building into a 3,022 square foot bank with an added drive-thru. The remainder of the building would be leased as offices. III. ANALYSIS Planning Issues 1) Can all of the findings necessary for approval of a conditional use permit be made? Specifically: a) That 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 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 Staff believes that all of the findings necessary for approval of the requested CUP can be made. The bank operation itself is a use permitted by right. Development of any drive-thru facility, however, requires approval of a Conditional Use Permit. The subject property adjoins Daniels Cablevision to the north and Beckman Instruments to the east. The City Safety and Operation Center will be developed further to the east. The Palomar Tech Centre was recently completed north of Beckman Instruments. The Koll Co. Carlsbad Research Center is being developed to the west, across El Camino Real. Staff believes that in light of the industrial growth of the area, the proposed use would provide a necessary and desirable service. The proposed banking facility is consistent with zoning and the General Plan and would be compatible with existing and future permitted uses. The 1.3 acre project site is adequate to accommodate the proposed use. There are no required setbacks in the M zone. A 30 foot building setback off El Camino Real would be required by the El Camino Real Development Standards. The existing structure would be consistent with these standards. Additional landscaping would be added. Berming and plant materials would be used to screen the drive-thru from El Camino Real. The applicant proposes to paint the existing structure. A wood fascia and a wood shingled mansard roof would be constructed to add architectural interest and screen the rooftop equipment. The building currently has south-facing loading doors. The applicant does not anticipate leasing space to any operation requiring loading facilities. Additionally, proposed parking lot improvements would preclude use of these doors. Staff has, therefore, included a condition requiring the removal of the doors and replacement with another material, subject to the approval of the Land Use Planning Manager. Staff believes that these alterations should adjust the structure to be more compatible with others in the vicinity, while ensuring compatibility between the proposed use and future adjoining uses. Finally, staff believes that the street system serving the project should be adequate to accomodate all traffic generated by the proposed use. There are currently three driveways providing access to the site. The first driveway, near the intersection of El Camino Real and Faraday Avenue, would be closed. The second driveway would be realigned to provide ingress only. Staff believes that these modifications should mitigate any potential traffic impacts created by the project. -2- Overall, staff believes that all of the findings necessary for approval of a CUP can be made; that the use is desirable, essentially in harmony with elements and objectives of the General Plan and not detrimental to existing or future uses. Also, the site is adequate in size and shape to accomodate the use, the features necessary to adjust the use would be provided and that the street system serving the use is adequate to accomodate the proposed use. Staff, therefore, recommends approval of CUP-241. IV. ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that this project will not have a significant impact on the environment and, therefore, has issued a Negative Declaration on April 23, 1984. ATTACHMENTS 1) Planning Commission Resolution No. 2288 2) Location Map 3) Background Data Sheet 4) Disclosure Form 5) Environmental Documents 6) Exhibits "A" and "C", dated April 11, 1984 CDN:bw 4/24/84 -3- L O C T I O N A P KOLL CO CALIFORNIA FIRST CUP-241 BACKGROUND DATA SHEET CASE NO: CUP-241 APPLICANT: Califomia First Bank REQUEST AND LOCATICN: CUP to allow a drive-thru bank facility on the south- east corner of El Camino Real and Faraday Avenue. LEGAL DESCRIPTIOJJ: Parcel C Of Parcel Map No. 1703, filed in the Office of the County Recorder July 6, 1973. APN; 209-040-22 Acres 1.3 Proposed No. of Lots/Units 1 GENERAL PLAN AND ZC»JING Land Use Designation PI Density Allowed N/A Density Proposed NyA Existing Zone M-Q Proposed Zone N/A Surrounding Zoning and Land Use: Zoning Land Use Site M-Q Industrial Building North M-Q Cablevision South M-Q Vacant East M-Q Beckman Instruments West CM Carlsbad Research Center PUBLIC FACILITIES School District N/A Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreenent, dated August 22, 1983 ENVIRCMMENTAL IMPACT ASSESSMENT X Negative Declaration, issued April 23, 1984 E.I.R. Certified, dated Other, If after the inforraation you have submitted has been reviewed, it is determined • lijat further inforroatior^j^required, you will be so ac^j^p^, APPLICANT: ^' CALIFORNIA-FIRST .BANK, TRUSTEE AGENT: . MEMBERS: Name -(ifiaSSXKSJaCK, partxnexasiiajpc, j5Si»itxx?8fWS3S5g?, corporation, i^SSMtj^PggUfi) ^ -P 0 BQX inq, SAN D^EGO. CA 92112 - r- - Business Address y 230-4652 / Marilea Swenson Telephone Number Name Business Address Telephone Nvunber Uaxne -(individual, partner, joint venture, corporation, syndication) Home Address Business Address Telephone Number Telephone iJiiraber Nama Eome Address Business Address Telephone Nuaber Telephone liumber (Attach more sheets if necessary) I/We declcire under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and laay be* relied upon a.s being true and correct until amended. CALIFORNIA FIRST BANK, TRUSTEE Applicant • BY -. . ,.. „ DEVELOPMENTAL flL 1200 ELM AVENUE SERVICES H^^^B CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE ^f^Jrm (619) 438-5591 Citp of Carls^bab NEGATIVE DECLARATION PROJECT ADDRESS/LOCATION: Southeast corner of El Camino Real and Faraday Avenue. PROJECT EfiSCRIPTICW: Conditional Use Pennit to allow a drive-thru bank facility. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Irnplementation 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 iirpact on the environment) is hereby issued for the subject project. Justification for this action is an file in the Land Use Planning Office. A copy of the Negative Declaration with supportive documents is an file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. 92008. Comments from the public are invited. Please sutxnit conments in writing to the Land Use Planning Office within ten (10) days of date of issuance. DATED: April 23, 1984 MICHAEL J. HOaZMII CASE NO: CUP-241 Land Use Planning Manager APPLICANT: Califomia First Bank PUBLISH DATE: April 28, 1984 ND-4 5/81