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HomeMy WebLinkAbout1983-09-14; Planning Commission; Resolution 21837. f. 0 e I ll PLANNING COMMISSION RESOLUTION NO. 2183 2 3 4 5 6 7 wit: 8 9 10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY ( CARLSBAD, CALIFORNIA, WCOMMENDING APPROVAL OF A ZONl CHANGE AND A PREANNEXATIONAL ZONE CHANGE TO DESIGNAT: PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAI REAL AND ON THE NORTH AND SOUTH SIDES OF LA COSTA AV: APPLICANT: HPI DEVELOPMENT CASE NO.: ZC-267 WHEREAS, a verified application for certain property The south half of Section 27 and the southeast quart' the southeast quarter of Section 28, and Lots 2 and Section 33, all in Township 12 South, Range 4 West, Bernardino Meridian, in the County of San Diego, Sta California, according to official plat thereof; 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Together with the northwest quarter of the northwest quarter and Lots 1, 2, 3 and 4 of Section 34, Townsh South, Range 4 West, San Bernardino Meridian, accord official plat thereof; Together with Lots 9, 10, 11, 12, 13, 14 and 15 of S 34, Township 12 South, Range 4 West, San Bernardino Meridian, according to United States Government Surv shown on the Map of said survey as lying within the , Marsh and Slough. The south half of the south half of the southwest qu of the northwest quarter of Section 26, Township 12 Range 4 West, San Bernardino Meridian, in the County Diego, according to United States Government Survey approved April 21, 1890. Portions of the northeast half of Section 32, Townsh South, Range 4 West; Portions of the south half of S 33, Township 12 South, Range 4 West; portions of the northwest quarter of Section 33, Township 12 South, West, San Bernardino Meridian, in the County of San State of California, according to official plat thereof. as shown on Exhibit "B", dated September 14, 1983, attached a incorporated herein has been filed with the City of Carlsbad, referred to the Planning Commission; and WHEREAS, said application constitutes a request as 28 provided by Title 21 of the Carlsbad Municipal Code; and I 7. ', ll 0 9 1 2 WHEREAS, the Planning Commission did on the 14th day 3 4 5 September, 1983, hold a duly noticed public hearing as prescr by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all perso 6 7 8 9 desiring to be heard, said Commission considered all factors relating to the Zone Change; and NQW, THEREFORE, BE IT HEREBY RESOLVED by the Plannin 10 I1 Commission as follows: 11 A) That the foregoing recitations are true and correct. 12 B) That based on the evidence presented at the public heari the Commission recommends APPROVAL of ZC-267, as shown o Exhibit "D", dated September 14, 1983, based on the foll 13 findings and subject to the following conditions. 14 11 Findings : 15 16 17 18 19 1) The project is consistent with the City's General Plan s the proposed residential densities are within the densit ranges specified for the properties as indicated on the Land Use Element of the General Plan. 2) The sites are physically suitable for the types and dens of the development since the sites are adequate in size shape to accomodate development as proposed. I 2o I1 3) The project is consistent with all City public facility icies and ordinances since: 21 22 23 24 25 26 27 a) The Planning Commission has, by inclusion of an appr condition to this project, insured that the final ma not be approved unless the City Council finds that s service is available to serve the project. In addit the Planning Commission has added a condition that a shall be placed on the final map that building permi not be issued for the project unless the City Engine determines that sewer service is available, and buil cannot occur within the project unless sewer service remains available, and the Planning Commission is sa that the requirements of the public facilities eleme the general plan have been met insofar as they apply sewer service for this project. 28 PC RES0 NO. 21 83 2. I. I/ 1. 0 9 1 2 3 4 5 6 7 8 9 10 11 12 13 4) 5) 6) 7) b) School fees will be paid to ensure the availability school facilities in the San Dieguito, Encinitas Uni Carlsbad school districts. The proposed project is compatible with the surrounding land uses and is compatible with the general plan for re stated in the staff report. The zone change of Parcel AG to P-C (Planned Community) 1 not cause any significant environmental impacts and a ne1 declaration has been issued by the Land Use Planning Man on August 29, 1983 and approved by the Planning Commissil September 14, 1983. The zone change of Parcel AH to 0-S (Open Space) will no cause any significant environmental impacts and a negati declaration has been issued by the Land Use Planning Man on August 29, 1983 and approved by the Planning Commissi, September 14, 1983. That all significant environmental issues have been miti! or the project has been changed so as to mitigate these impacts, or social or economic factors exist which overr: these impacts as described below: 14 11 A. Land Use 15 16 17 18 19 20 Impact: Removal of the existing County zoning requirements on agricultural, floodplain and biologic sensitive areas creates a potential adverse impact. Mitigation: Impacts on land use will be mitigated b; requiring the applicant to master plan the property. master plan will provide restrictions on the develop] of sensitive areas. The City is also adopting the Floodplain Overlay zone on sensitive riparian areas. B. Agriculture 21 22 23 24 25 26 Impact: Annexation and future development of the sit without some preservation of agricultural land would significant impact based on County and State agency policies. Mitigation: The City of Carlsbad has no exclusively agricultural general plan designation. Through the required master plan, however, the City can require preservatiion of agricultural areas. This impact shc be mitigated at the master plan level. It is also anticipated that the Coastal Commission will require preservation of agricultural lands during the coastal permit process. 27 //// I1 28 //// /I PC RES0 NO. 2183 3. 7. '. I/ 0 1 2 3 4 5 6 7 C. Traffic Impact: Two of the six affected intersections and possibly four of the six affected intersections coul significantly impacted from the proposed general pla amendment and annexation. Mitigation: All roadways should be constructed to t planned width. Additional traffic studies should be as specific projects become known within the project boundaries. Mitigation measures identified in these studies should become conditions of approval for spel projects which necessitate these improvements. 8 I1 D. Biological Resources 9 X0 11 12 13 14 15 16 17 Impact: No direct impacts will occur from the projec However indirect effects could be caused by the remo. County zoning on the floodplain and lagoon areas. Mitigation: The City is placing the Floodplain Over zone on the sensitive riparian areas and has zoned ti lagoon areas as open space. E. Hydrology/Water Quality Impact: There will be no direct effects on hydrolog! water quality from the proposed project, however, in( or future impacts could occur with development. Mitigation: the City has placed the Floodplain Over: zone on the Encinitas Creek area and has designated 1 lagoon as open space. When development plans are ap] special grading requirements may be necessary to pro' these areas from urban runoff and sedimentation. l8 /I F. Air Quality 19 I 20 21 22 23 24 Impact: Full buildout of the project would result ir emissions approximately 4 to 5 times greater than prc by RAQS resulting in a significant adverse impact. Mitigation: Air quality is a regional problem and RI places emphasis on developing cities. Various mitigz measures such as rideshare and transit programs shoul included in the master plan. Additionally, the need provide diverse housing and commercial facilities in City of Carlsbad overrides this impact. Finally, effective long term mitigation must be on a regional basis. 25 I1 G. Cultural Resources 26 27 28 Impact: The proposed project would not have a direct impact on cultural resources, however, 23 potentially significant sites were found on the property and coul impacted at the time of development. Mitigation: A testing program, as identified in the wlll be utilized to determine significance prior to t grading of any site. Further mitigation may be neces based on the results of the testing. 11°C RES0 NO. 2183 4. I ” I/ 0 1 2 3 4 5 6 7 a 9 10 11 H. Visual Quality/Aesthetics Impact: No direct impacts would be created by the project. Future development under the proposed designations could have a visual impact on the north of the lagoon and the Green Valley core. Mitigation; Mitigation will have to occur at the ma plan and at specific project levels. Mitigation cou include specific siting of developments, preservatio specific areas, clustering development and special landscaping requirements. I. Noise Impact: Noise created by additional traffic from th project along major corridors could have adverse imp on devleopments located too close to these corridors Mitigation: At the master plan and specific develop plan stage special setbacks should be utilized to mi possible noise impacts from passing traffic. l2 /I J. Growth Inducement 13 14 15 16 17 18 19 Impact: Development of the Green Valley area could considered to potentially be growth inducing because agricultural land would be sandwiched between existi commercial uses to the south and Green Valley. Mitigation: Specific development concepts for the G. Valley area are not known at this time. The City ha adopted a Combination District for this area which contains Office, Commercial and Residential uses, T1 location of these uses will be determined at the mas plan level. Portions of the Green Valley site could specially treated or phased under the master plan to encourage preservation of the agricultural areas to 1 south. 20 8) The applicant has agreed to pay a public facilities fee, Performance of that contract and payment of the fee will enable this body to find that public facilities will be 22 available concurrent with need as required by the genera: plan. 23 Conditions: 21L 24 25 26 27 2a 1) This project is approved on the express condition that tl applicant shall pay a public facilities fee as required 1 City Council Policy No, 17, dated April 2, 1982, on file the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated Sept 7, 1983, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promisei this application will not be consistent with the general and approval on this project shall be voided. 1 C RES0 NO. 2183 5. . (I +, .. e e P 2 PASSED, APPROVED AND ADOPTED at a regular meeting of 3 Planning Commission of the City of Carlsbad, California, held 4 wit: 5 the 14th day of September, 1983, by the following vote, to 6 7 AYES : Chairman Schlehuber, Commissioners Romboti: Marcus, Lyttleton, Farrow, Friestedt and Raw1 ins. 8 9 NOES: None. ABSENT : None. 10 11 ABSTAIN: None. I.z il 13 14 ATTEST : CARLSBAD PLANNING COMMISSI( ~ ~~ 15 MICHAEL J. MLZ"PL,LER 16 LAND USE PLANNING MANAGER I1 17 18 19 20 I 21 22 23 24 25 26 27 28 PC RES0 NO. 2183 6.