HomeMy WebLinkAbout1976-01-14; Planning Commission; ; CUP 101A - BANK OF AMERICA-
TO:
FROM:
CITY OF CARLSBAD
PLANNING DEPARTMENT
STAFF REPORT
January 14, 1976
CASE NO:
PLANNING COMMISSION
PLANNING DEPARTMENT
CUP -lOl(A)
APPLICANT:
REQUEST:
CONTINENTAL SERVICES CORPORATION
APPROVAL OF A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND
OPERATION OF A TEMPORARY BRAMCH OFFICE (BANK OF AMERICA} AS
AUTHORIZED IN SECTION 21.42.010(5S} OF THE ZONING ORDINANCE
SECTION I: STAFF RECOMMENDATION
Staff recommends that CUP lOl(A) be APPROVED based on the following findings
and subject to the following conditions:
FINDINGS
l) The requested use is necessary for the development of the community
and is in harmony with the General Plan because:
a) The General Plan Land Use Element designates the project site
for Corrmunity Comnercial use;
b) A Specific Plan for a community shopping center has been approved
for the site; and
c) The continuing use of the temporary structure prior to permanent
occupancy is compatible with these plans.
2) The requested use is not detrimental to ~xis-ting usss or t@ uses specifically
permitted in the zone in which the proposed use is to be located because:
a) The land uses existing on the project site and adjacent to it are
cor.mercial in·nature.
3) The site for the intended use is adequate in size and shape to
accomodate the use because:
a) The site has been improved with the necessary parking and land-
scaping areas.
4) All yards, setbacks, landscapinq, improvements, and other features
necessary to adjust the requested use to existing and permitted future
uses in the neighborhood will be provided and maintained because:
a) The proposed use has been sited in confonnance with the adopted
Specific Plan for the project site.
5) The street system serving the proposed use is adequate to properly
handle all traffic generated by the proposed use because:
a) El Camino Real is an arterial street with adequate capacity to
handle the traffic generated by the project.
6) The subject application has complied with the requirements of the City
of Carlsbad "Environmental Protection Ordinance of 1972" because:
a) An Environmental Impace Report was prepared for a prior project
on the site and certified by the City Council.
b) There are no substantial changes proposed for the project involving
new impacts not addressed in that report.
CONDI'fIONS
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, dated December 17, 1975. The ·1ocation of the
buildings, roadways, and parking areas shall be located substantially
as shown on the plot plan labeled Exhibit A, unless indicated otherwise
herein.
2) This Conditional Use Permit is granted for the period of time commencing
the date of final approval, and shall terminate at any of the following times:
a) At such time as the temporary use moves into a pennanent structure:
b) On March 15, 1976 if conditions 4 and 5 have not been met;
c) On June 31, 1976, if building permits have not been issued for a
permanent structure for the temporary use;
d} On December 31, 1976, if the temporary use has not moved into a
permanent structure.
Should this CUP be terminated by either (b), (c) or (d), the Planning
Director shall automatically request the City Council to instruct the
City Attorney to begin legal action to remove the temporary structure
from the site.
3) The applicant shall continue to meet conditions 3 and 4 of Planning
Commission Resolution No. 1113.
4) Prior to March 15, 1976, the following improvements shall be made or
bonded for:
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a) Construction of full street improvements on El Camino Real
adjacent to the subject property.
b) Construction of full _stree~ improvements of the shopping center
entrance on the portion adJacent to the subject property.
c) Con~t~u~tion of a water system serving the two existing banking
fac1l1t1es as well as the proposed project to the satisfaction of the Fire and Engineering Departments.
5) Prior to ~arch 15,_19?6, the ap~licant s~all post a bond for redesign and
construction of ex1st1ng El Camino Real intersection improvements. This
bond shall be rel~ased by the City upon satisfaction of the City Manager
that Bank of America has vacated the site within a time period agreed upon by the City.
SECTION II: BACKGROUND INFORMATION
I. Location and Description of Property: The site is located on the
east side of El Camino Real between Haymar Drive and Marron Road
{opposite the Plaza Shopping Center). A temporary Bank of America
branch office exists on the site (see attached Plot Plan, Exhibit A,
dated 12-17-75).
II. Existing Zoning:
Subject Parcel:
North:
South:
East:
West:
III. Existing Land Use:
Subject Parcel:
North:
South:
East:
West:
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C-1 and L-C
C-2
R-1-10
C-2
Temporary Bank of America Building
Gas Station
Temporary Home Federal Savings and Loan Building
Vacant (future shopping center site)
Plaza Camino Real Shopping Center
IV. Past History and Related Cases:
The existing temporary Bank of America structure was permitted initially
by Specific Plan in December,, 1970 (Ordinance No. 9258, attached). This
original approval was granted for a period of two years.
The Council amended Ordinance 9258 in October 1972 to extend the Specific
Plan to November 1974 (Council Resolution 2085 and Ordinance 9333,
attached).
Subsequently the zoning ordinance was amended to require a Conditional
Use Permit for the temporary use of trailers or mobile home for commercial
offices. As a result, when the Specific Plan expired in November, 1974
the temporary structure was granted a Conditional Use Permit for one
year. (Planning Co11111ission Resolution No. 1113, attached).
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SP-146 and SP-146(A) -A Specific Plan (SP-146) for a shopping tenter
on the subject property was approved by City Council December 18, 1973
(Resolution 3304. SP-146(A}, approved by Council, March 4, 1975
(Ordinance 9419), separ.ated the project into five phases.
V. Environmental Impact Information: The project i's exempt from the
requirements of the City's Environmental Protection Ordinance under
Section 19.04.153 (Prior Compliance}. An Environmental Impact Report
(numbers 219 and 220} were approved for the proposed shopping center
on the site and certified by City Council.
VI. General Plan Information: The project site is designated for
Conmunity Corrmercial Land Use. The proposed use is a proper use
for land of this designation.
VII. Public Facilities: The necessary public facilities are provided the
existing use by the City.
VIII.Major Planning Consideration: Will the granting of the Conditional
Use Permit improve the chances of the development of a better shopping
center?
XI. Incidental Information: All affected departments have reviewed and
contributed in part to this report.
SECTION III: DISCUSSION
The applicant's CUP is required by Section 21.42.010 (55} of the zoning
ordinance:
(S) Temporary uses of trailers or mobile homes for commercial offices
under the following conditions:
(i) The occupancy shall not exceed one year after the issuance
of the permit unless otherwise extended by the Planning Co111nission. The
Conditional Use Pennit shall not be extended unless construction of the
structure intended for occupancy by applicant has begun and reasonable
progress toward completion is being made;
(ii) The method of placement of the trailer, the landscaping and
other design aspects shall be approved as part of the Conditional Use Pennit.
Since CUP-101 has expired, CUP-lOl(A} is technically an application for a
new Conditional Use Permit. As a practical matter it is an extension,
since the temporary use has existed on the site since 1971.
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. . . ...
While the application may not technically meet the ordinance 1s criteria for
an extension, Staff feels that there have been extenuating circumstances.
The Bank of America has been making a good faith effort to complete its
permanent structure. It's efforts have been frustrated by changes in the
design of the shopping center. Most recently staff and the applicant have
completed discussions on the site plan for the permanent structure, and
staff expects to receive working drawings for plan check in the near future.
Staff therefore recorrmends that the CUP be granted subject to the applicant1 s
meeting the time deadlines listed in Condition No. 2.
Additional Public Improvements: In December 1975, the Commission approved
CUP-114, granting a Conditional Use Permit for a temporary branch office of
Gibraltar Savings and Loan on the same shopping center site. As conditions
of that approval the Corrmission required street improvements for El Camino
Real, the shopping center entrance, and the El Camino Real intersection, as
well as water system improvements. Staff feels that these conditions are equally
app l i cable to the temporary Bank of America structure~~-.The ref Or,e ~ _ tbe conditions
Mve_been included in staff's recorrmendation as conditions 4 and 5. Since the
Bank of America has occupancy of the use already, staff recommends that the
timing of these two conditions be modified to allow the applicant two months
to construct or post bonds for the improvements.
AM/vb
ATTACHMENTS: Ordinance 9258 (City Council)
City Council Reso. 2085
City Council Ord. 9333
Planning Corrmission Reso. No. 1113
Location Map
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• "ORDINANCE ·No; ·-925-S -
AN ORDlN.AN.CE OF THE CITY CO-UNCIL OF THE
CITY OF CARLSBAD; ADOPTIMG A SPECIFIC·.
PLAN OF PROPERTY LOCATED ON THE l:filO:THUNDRED
FEET -SOUTH OF SOUTHEASTERLY-CORNER OF EL
• :CAMINO .REAL ·Awn 'HAYMAR:•nRI'Vt. . •·.
6 The City Council :of the City of-Carlsbad, :Cal·ifornia, DOES
7 ORDAIN that a·S~~cific :p1an for th~ herein~fter discribed real
8 property be adopted in the following particulats:
9 • ·sECTION r.· • PRO'PERTY DESCRIPTION. That portion of the
10 Northwesterly One-Quarter of Fractional Section 32, Township 11
11 South, Range. 4 West, San Bernardino Base and Meridian, in the
12 City of Carlsbad, County of San Di~go, State of ·California .
13 • SECTION Z .• GENERAL CONDiTlONS. The Specific Pl an, marked
14 Exhibit IIA11 ., attached hereto, enti-tled "Sp:ecific Plan for
15 entitled 11 Temporary Facilities-!3ank of Amer·ica, El Camino Real
16 and Vista Way Branch" for Zone Cha~ge, is subject to the following
17 conditions and restriction·s:
18 A. The development~f the property discribed in Section 1
19 hereof shall be subject to the restrictions and limitations set
20 forth herein which are in addition to .all of the re.qui rements,
21 limitations and res·trictions of .all .mun·icipal ordinances arid
22 State and Fede·ral Statutes .now :in fo:rce,-or whi.ch here·after may
23 be. in. force .for .th·e. purpose· :of ·pres·ervi.ri g the· res i den ti al
24 characteristics ~f .adj~cent propertias.
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25 B. .All .public improvements shal 1 be ·made Jn: Conformity with
26 -the Subdivisi-on Ordinance and other City s·tandards to the satis·fac-
27 ti.on of the Ci ti E~ gi neer, without: :cost· to the City of Carls bad, .
28 • and free of all liens .and ~ncumbrances.
29 C. All land and/or easements requ_i red by .this ·ordinance shall
30 be_ granted to the City :of Carlsbad wi.th:out cost to the City and
31 free of all 1 i ens. and e:ncumbra:nces.
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1 D. That the temporary ·bank structure and use shall be allowed
2 for a period of time not to e:xceed two {2} years.
3 E. Th~t no othei use shall be allowed upon said property
4 until Specific Plan(s)· for its redevelopment have been approved by
5 the City of Carlsbad Planning.Commission and-_City Council.
6 --SECTION 3 .• 'PRIVATE DEVELOP'MENT CONDITIONS. The fol.1 owing
7 conditions shall apply with respect to a·ny development after the
8 effective date of this ordinance of the property described in
9 Section l hereof:
10 A. That signing s.hall be restricted to wall signs which shall
11 be developed in conformance with City Ordinance No. 9224.
12 B . Th at a l a n d s cape and s p r i n k 1 er plan s h a 11 b e s u b mi t t e d to
13 the City Planning Oep·artment ,for appro·val., in conformance with
14 City Ordinance No. 9l8l.
15 C. That the temporary structure shall retain the 11 Spanish 11
16 motif required for development in the vicinity of El Camino Real.
17• D. That a gradi~g plan shall be su·bmitted for approval of
18 the City Engineer and such .plan shall ,fnclude provisions for
19 handling upstream drainage.
20 E. That a Parcel Map shal 1 be filed in :accordance with
21 Section 11535 of the Subdivision Map Act.
22 F. That access· rights to El Cami no P-ea l sh·al 1 be dedicated to
23 the City of Carls-bad. (The applicant has indi'cated that access
24 to El Camino Real and Haymar Drive will be provided over easements
25 on the adjoining property.)
26 G. That all public improvements shall be installed as re-
27 quired by ordinance and by the Citj Engineer.
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H. That water service shall be taken from. Haymar Drive.
I. That an easement and eight-inch {8.") main_ shall be pro-
30 vided for sewer se.rvice between the existing stub on the proposed
31 parcel and the adjacent property to the North.
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l J. That a Master Plan of public improvements of the overall
2 property, :of whTch this -parcel is a part, shall be prepared and
3 .submitted to tha Citf E!'}gineir for revie~ ~nd approval prior to
4 any further divisi-on :of the ·basic ·parcel.
5 -SECTIUN ·4 .• -'.REQUIRED '.PUBLTC· TMPROVEMENTS :BEFORE TSSUANCE
6 -'OF B'UlLDlNG PERMIT.'. -The foll owi!19 shall be_ granted to the City
7 :of ·Carlsbad before any buildi!lg_permit will be issued for the
8 development of th·e property described i i1 Section 1 hereof:
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A. All street impro~ements i~cludi!19 ~ater, sewer, under-
ground power and telei:>;hone, street ·tree plan ti !19, street light,
storm ·drain and any other improvements ~eemea ~~cessary by the
City E!lgineer shall be installed in conforma·nce with City Standards
and indicated on an approved improvement :p·l an prior to the i ss uan ce
·of a building permit.
B. All lands n:ecessary for street wideni!'}g shall be dedicated
to the City of Carlsbad pri·or to approval -Of said improvement plan.
C. A_ grading plan shall be submitted prior to the issuance
of a buildi!')g permit.
SECT.ION ·s-.--'ADMHUSTRAT[ON AND 'ENFORCEMENT. The Building
De·par-tment shall not approve any :buildi!')g for :o:ccupancy until
the· -Planni!19 Director has: certified that all the: .conditions of
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th.is ordinance have been sati-sfied~
The Pl anni !19 Di rector of the City of Carlsbad _; s designated
as the :e:nfo:rci !19 :o:ffi.cer _of this -sp:eci fi c -Plan. : His d:eci si on shall
be fi·nal as to. whether the. :subject property has been properly
developed. and ·improved. : .How~v'er, the· o.wners 'Of the· :subject proper Y
-may app·ea l to· the City Cou:ncil any d:e ci slon '.Of the-Planning
Director relati.ve to this Sp:ecific: -P·lan .. s:uch appeal shall be in
writi!')g· and filed with the· City Clerk With.fn 10 :days followi!19
the receipt :of the. decision :of the Planning Director. The City
Council's ·decision s·hall .be final.
1 SECTION 6. EFFECTIVE ·oATE. This Ordinance s hal 1 be effective
2 • 30 days after its adoption ... The City Clerk of the City of Carlsbad
3 shall certify to the adoption of this Ordina:nce and cause it to be
4 published once in the ·Carlsbad Journal within fifteen {15) days
5 after its adoption.
6 INTRODUCED AND FIRST READ at a regular meeting of the City
7 Council of the City of Carlsbad, California, held on the litfhd<(ay
8 of Noyember, 1970, and there~fter PASSID AND ADOPTED at a regular
9 meeting of said City Council on the 1st day of December, 1970, by
10 the following vote, to wit:
11 AYES: Councilmen Dunne, Mccomas, Jardine and Lewis.
NOES: None
ABSENT: None
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14 ABSTAINED: Councilman Castro
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20 .ATTEST:
21 r _ · --i11,,
22 MA!tGA
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~~~r-ofthe
City of Carlsbad,
Carl~bad, California
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RESOLUTION NO. 2085
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, ANNOUNCING FINDINGS ANO
DECISION REGARDING AN AMENDMENT TO A
SPECIFIC PLAN (ORDINANCE #9258) ON PROPERTY
SOUTH OF THE SOUTHEASTERLY CORNER OF EL
CAMINO REAL AND HAYMAR DRIVE.
{Continental Service Company)
WHEREAS, on the 12th day of September, 1972, the Carlsbad
City Planning Commission adopted Resolution No. 826, which is
herewith referred to and made a part hereof; and
WHEREAS, on October 3, 1972, a duly advertised public hear-
ing was held as prescribed by law to consider an.AmeDdment to~a ..
Specific Plan submitted by Continental Service Company, Applicant,
and Robert M. Crowell, Owner, on real property in the City of
14 Carlsbad, County of San Diego, State of California, commonly known
15 as property located approximately 160 feet South of the South-
16 easterly corner of El Camino Real and Haymar .Drive, and more par-
17 ticularly described as follows:
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A portion of the Northwesterly one-quarter
of Fractional Section 32, Township ll South,
Range 4 West, San Bernardino Base and Meridian,
in the City of Carlsbad, County of San Diego,
State of California, more particularly
described in application on file in the City
Clerk's Office.
WHEREAS, the City Council received all recommendations and
23 heard all persons interested in or opposed to the proposed
24 Amendment to Specific Plan;
25 NOW, THEREFORE, the City Council of the City of Carlsbad
26 DOES HEREBY DECLARE FINDINGS AND RESOLVE that the findings of
27 the Planning Commission contained in Resolution 826 constitute the
28 findings of the City Council of the City of Carlsbad.
BE IT FURTHER DECLARED AND RESOLVED that the City Council
SO certifies that the approval of the Amendment to a .Specific Plan
31 is necessary to carry out the general purpose of Title 21, Ordin-
82 ance No. 9060, as amended.
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1 BE IT FURTHER RESOLVED that the City Council does hereby
2 declare its intention to adopt an ordinance to effectuate the
3 Amendment to a Specific Plan.
4 PASSED, APPROVED, AND ADOPTED at a regular meeting of
5 the City Council held on the 3rd day of October, 1972, by the
6 following vote, to wit:
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AYES:
NOES:
ABSENT:
ATTEST:
Cmn. Dunne, Mccomas, Lewis, Chase and Frazee.
None.
None.
tnmf M~DlJNE,Mayor
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ORDINANCE NO~~ 9333
AN ORDINANCE OF THE CITY 'OF CARLSBAD
'AMENDING ORDINANCE NO. 9258,. ADOPTING
A SPECIFIC PLAN, ON PROPERTY ·LOCATED
APPROXIMATELY 160 FEET SOUTH OF THE·
SOUTHEASTERLY -CORNER OF~EL tAMINO REAL
AND HAYMAR DRI~E.: •
(Continental s~rvice ·Co.) •
-The City Council of·the Cityof Carlsbad, California, DOES
ORDAiN that Ordinance N~. 9258, adopting a ~pec1fit Plan. be
ame~ded to extend the period of ,us~ for a tempotary bink structure 9.
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to November i7, 1974, -for the h erei na fter described rea 1 property: . . • . . . ' '
· : S ECT ION l . . PROPERTY DES CR l PT I ON • • A po rt i o n of the Nor th -
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12 westerly one-quarter of Fractional Section 32, Township 11 South,
_ 13_ Range 4;~est~ San Bernardino Base and Meridian; in the City of
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Carlsbad,. c-ounty of $an Diego, State o·f Califor·nia, niore partic-·
ularly described in appltcation on f_ile in the CitY Clerk's
Office. -
SECT19~ 2. GENERAL CONDITIONS. All other conditions of
the Specific Pl~n as contained in Ordin~nte No. 9258 regardi~g
this,pr~perty shall be adhered to.
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SECTION 3. EFFECTIVE DATE .. This ordinance shall be . .
eff ec·ti-ve 30 days after its adoption. The City Clerk of ·th~-City
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22 of Carlsbad shall certify to the adoption of this ordinance and
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cause it to be published once in the Carlsbad Journa1 withi~
fifteen days after its adoption~
INTRODUCED.AND FIRST READ at a regul~r me~ting of.the City . .
Council of the City of Carlsbad, c·al iforni a, held on the 3rd day
of October, 1972, and thereafter PASSED AND ADOPTED at a regular
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meeting of said City Council on the 17th day of October, 1972,
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by the following vote, to wit: _
•. AYES: .. Councilmen Mccomas-, Lewis, Chase
NOES: None
ABSENT.: Ma-yo:r-D11I1ne ~/ CouncJl tna,n, Fr
32 ATTEST: Mayor