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.
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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*
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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.
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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.
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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
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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 -
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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
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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
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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
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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
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