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HomeMy WebLinkAbout1987-11-04; Planning Commission; Resolution 2607p. 6 a 1 2 3 4 5 6 7 a 9 3.0: 11 12 13 14 15 3.6 17 18 19 I 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO, 2607 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAKLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A 12 LOT NON-RESIDENTIAL PLANNED UNIT DEVELOPMENT ON PROPERTY GENERALLY LOCATED NORTH OF BATIQUITOS LAGOON AND EAST OF 1-5 AND INDICATED AS PLANNING AREAS 1, 2, 10 AND 11 OF MP-177, APPLICANT: PACIFIC RIM COUNTRY CLUB & RESORT CASE NO: PUD-102 WHEREAS, a verified application for certain property to wit: Portions of Sections 26, 27 and 34 in Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 4th day of November, 1987, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Planned Unit Development. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of PUD-102, based on the following findings and subject to the following conditions: ... ... ... I h. II 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 .16 17 18 19 I 20 21 22 23 24 25 26 27 20 Findings: 1) The proposed commercial development is consistent with the Recreation Commercial designation as indicated on the Land Use Element of the General Plan. 2) The project is consistent with Master Plan MP-177 because the uses proposed are permitted in MP-177. 3) The project is consistent with all' City public facility pol- icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. b) The Planning Commission has, by inclusion of an appropriate condition to this project, ensured building permits will not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the Public Facilities Element of the General Plan have been met insofar as they apply to sewer service for this project. c) Park land dedication (24.25 acres and 5.75 acres of reserve within Planning Area 32) is required as a condition of approval. d) All necessary public improvements have been provided or will be required as conditions of approval. e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facil'ities fee. Performance of that contract and payment of the fee will enable this body to find that public facilities will be available concurrent with need as required by the General Plan. f) Assurances have been given that adequate sewer for the project will be provided by the City of Carlsbad. . .. PC RES0 NO. 2607 .e. 2. h ' ll 0 @ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 23 24 25 26 27 28 i 4) . The proposed project is compatible with the surrounding future land uses smce surrounding properties are designated for residential development on the General Plan. , , , 7 ,.,r '. 5) An EIR was prepared for this project and has been recommended for certification by the Planning Commission. The EIR (EIR 83-2(A)) identified a number of potentially significant impacts created by this project and possible mitigation measures to reduce these impacts to a level of insignificance. These mitigation measures have been incorporated into the zoning for the property (MP-177) and in some cases the project has been revised to reduce all impacts to a level of insignificance, with the possibility of two exceptions, traffic and air quality. The project has been mitigated to the extent possible with regard to air quality and circulation by the conditions requiring improvements to public facilities. Despite these conditions, impacts will still exist. With regard to these items, the Planning Commission finds there are overriding considerations which are as follows: 1 ) Traffic - With the implementation of the City's Growth Management Program, residential dwelling units over the Master Plan Area will be reduced from 4300 du's to 2836 du's, as will Citywide residential densities be reduced overall. With this reduction in project and Citywide densities, and with the implementation of traffic mitigation measures identified within the Zone 19 Local Facilities Management Plan, no project related unmitigable traffic impacts are anticipated; 2) Air Quality - The reduction in project residential densities associated with the City's Growth Management Program, would bring the project's air quality figures more in line with the Series VI population growth forecasts, which were based on the existing General Plan. The additional Citywide reduction in residential densities Since air quality is a regional problem which will exist with or without this project, effective long term mitigation can only be accomplished on a regional basis. The specific findings for the Planning Commission on each impact identified are attached as Exhibit "E" and incorporated herein by reference. ~ I will also reduce project related air quality impacts. 6) This project requires the construction of the improvements or facilities listed in the conditions of approval or the payment of fees in lieu of construction. This project creates a direct need for the improvements or facilities for the reasons stated in the staff report.. If the improvements or facilities are not provided the project will create an unmitigated burden on existing improvements and facilities. Further, the improvements and facilities are necessary to provide safe, adequate and appropriate service to future residents of the project consistent with City goals, policies and plans. I ~ I PC RES0 NO. 2607 3. I.' I1 0 e I 1 2 3 4 5 6 7 8 9 10: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I 7) The applicant is by condition, required to pay any increase in public facility fee, or new construction tax, or development fees, and has agreed to abide by any additional requirements established by a development management or public facility program ultimately adopted by the City of Carlsbad, This will ensure continued availability of public facilities and will mitigate any cumulative impacts created by the project. 8) This project is consistent with the City's Growth Management Ordinance as it has been conditioned to comply with any requirements approved as part of the Local Facilities Management Plan for Zone 19. Conditions: 1) Approval is granted for PUD-102, as shown on Exhibits "A-1" -ftA-g" VIB-1" - "B-3", rrC-l" - ItC-3", "D-1" - rtD-3fr, and 1IE-O" - 11E-271v dated November 4, 1987, incorporated by reference and on file in the Planning Department. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project shall comply with all conditions and mitigation required by the Zone 19 Local Facilities Management Plan approved by the City Council on r incorporated herein and on file in the Planning Department, and any future amendments to that Plan made prior to the issuance of building permits. 3) This approval is subject to the conditions of SDI? 86-2. All conditions of Planning Commission Resolution 2596 are hereby incorporated herein by reference. 4) Prior to approval of a final map or building permit parking and drainage agreement shall be established, and approved by the City of Carlsbad. A note identifying this agreement shall be placed upon the final map. 5) Prior to the issuance of any building permits the applicant shall provide proof to the Planning Director of Coastal Development Permit approval. ... ... ... 0.. ... ... PC RES0 NO. 2607 4. ~ - 0 0 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 2 3 Planning Commission of the City of Carlsbad, California, held on the 4th day of November, 1987, by the following vote, to wit: 4 5 6 AYES : Chairman Marcus, Commissioners : McBane, McFadden, NOES : Schlehuber, Hall E Schramm. ABSENT : Holmes 7 11 ABSTAIN: a 9 10 I2 ATTEST : 2, B?". MARCUS, Chairperson PLANNING COMMISSIO&- T.. a$: . .~ ."..,Xk,"! 12 13. 14 e PLANNING DIRECTOR 15 16 17 18 19 I 20 21 22 )I 23 24 25 26 27 28 PC RES0 NO. 2607 5. - I .I . 0 ExHImT f'E1' H.P.I. November 4, 1987 Page - 1 of 5 - The following items constitute the Planning Commission environmental findings for this project. The mitigation measures listed below describe the project changes which reduce these impacts to insignificant levels, with the possibility of two exceptions, traffic and air quality. With regard to these items, the Planning Commission finds there are overriding considerations which are as follows: 1) Traffic - With the implementation of tne City's Growth Management Program, residential dwelling units over the Master Plan Area will be reduced from 4300 du's to 2836 du's, as will Citywide residential densities be reduced overall. With this reduction in project and Citywide densities, and with the implementation of traffic mitigation measures identified within the Zone 19 Local Facilities Management Plan, no project related unmitigable traffic impacts are anticipated; 2) Air Quality - The reduction in project residential densities associated with the City's Growth Management Program, would bring the project's air quality figures more in line with the Series VI population growth forecasts, which were based on the existing General Plan. The additional Citywide reduction in residential densities will also reduce project related air quality impacts. Since air quality is a regional problem which will exist with or without this project, effective long term mitigation can only be accomplished on a regional basis. A. LAND USE Impact: The project is inconsistent with LCP policy regarding allowable densities of development. Mitigation: LCP amendments are being processed in order to allow higher densities of development while ensuring the preservation of sensitive coastal resources. Impact: The project is not in compliance with LCP policies to protect steep slopes and sensitive coastal habitats. Mitigation: The project has been redesigned to keep development off of steep slopes and sensitive coastal habitats. Provisions have been included in the Master Plan to require that any development proposed shall comply with all slope and sensitive resource LCP policies. . '. 0 e Impact: The development of Planning Area 32 will result in impacts to Batiquitos Lagoon wetlands. Mitigation: Planning Area 32 has been deleted from this project. This project area will be maintained in open space. B. AGRICULTURE Impact: Implementation of this project will result in the conversion of 360 acres of prime and non- prime coastal agricultural land to urban uses. Mitigation: This impact will be mitigated through the paynent to the State Coastal Conservancy of agricultural conversion fees in an amount of between 5,000 to 10,000 per acre. C. VISUAL AESTHETICS Impact: Development of Planning Areas 28 and 30 as proposed will result in visual impacts to passersby on La Costa Avenue, Pacific Rim Drive and Interstate 5. Mitigation: These Planning Areas have been redesigned and provisions (development standards) have been included within the Master Plan to mitigate potential visual impacts to the develo-rnent of these Planning Areas. Impact: Development would irrevocably alter the site's appearance from an undeveloped site to one of urban development. Mitigation: An unavoidable impact would result from any urban developqent of the project site. The project has, however, been designed to maintain the Batiquitos Lagoon and its shoreline in open space. In addition, most major slopes and tree groves will also be preserved in open space. 1,rnpact : Grading will result in permanent landform alteration. Mitigation: Development will generally follow natural topography with a golf course in the major drainage canyons and the lowest densities of development along the ridgelines. Per Master Plan standards, contour grading will be used, -2- .I 0 e as well as development techniques such as stepped building pads and split-level designs. Many natural slopes will be retained. Implementation of these measures will adequately mitigate grading impacts. D. TRAFFIC! CIRCULATION Impact: Implementation of the proposed project (4300 du's and other commercial uses prior to Growth Management) would result in the completion of improvements to Alga Road, and Pacific Rim Drive and partial improvement to Poinsettia Lane. However, even with these project improvements, the EIR indicates that the intersections of El Camino Real with Alga Road and La Costa Avenue will operate at poor levels of service under both the existing General Plan and with the proposed project (pre-Growth Management). However, the EIR also notes that these traffic impacts are not solely project related, but are regional in nature, and will occur with or without the project. Xitigation: With the implementation of Growth Management, thereby resulting in the reduction in project dwelling units from 4300 du's to 2836 du's, and Citywide residential densities overall, and through the requirement to implement circulation mitigation measures typically in excess of normal City standards, there will be no unmitigable circulation impacts associated with the proposed project (see Zone 19 Local Facilities Management Plan). Based upon these new circulation findings of the Zone 19 Local Facilities Management Plan, it can be concluded that the project at its reduced residential density, in association with the requirements of the project to implement the identified circulation impacts identified within the Zone 19 Local Facilities Management Plan, no unmitigable circulation impacts are anticipated. E. NOISE Impact: Implementation of this project will result in traffic noise levels above City standards along Alga Road. Mitigation: These noise impacts will be adequately mitigated by the incorporation of noise berms/walls along Alga Road within noise sensitive areas. -3- ./ *- e 0 F. AIR QUALITY Impact: The proposed project will result in growth unanticipated by SANDAG Series VI growth forecasts resulting in incremental increases in both non-vehicular and vehicular emissions. Mitigation: The proposed project has been scaled back from 4,300 dwelling units to 2,836 to comply with the City's growth control points. This action should help to bring the air quality figures in line with the Series VI population growth forecasts. Effective long-term mitigation can only be accomplished on a regional basis. G. FUBLIC SERVICES Impact: Implementation of this project may overburden an existing sewer pump station and will contribute to the overcrowding of local Schools. Mitigation: These impacts can be mitigated through the upgrading of existing sewer facilities prior to any Phase 2 or 3 development; and through the dedication of a 12.4 acre school site to the Carlsbad Unified School District. These measures have been made provisions of the Master Plan. H . HYDROLOGY Impact: Implementation of this project will result in increased erosion due to grading and runoff of urban Contaminants into Batiquitos Lagoon. Mitigation: These impacts will be mitigated through the incorporation of sediment control basins and drainage facilities to control runoff. In addition, a maintenance program to remove debris from paved surfaces will be implemented to reduce chemical ccntaminants associated with runoff. I. BIOLOGY Impact: Implementation of the project as proposed would result in several biological impacts including: -4- t- a 0 a) impacts to wetlands habitat from the developrrent of Planning Area 32 b) impacts to riparian habitat from development of the 1st and 18th golf fairways c) impacts to sensitive coastal habitats in Planning Areas 13, 14, 15 and 26. Mitigation: These impacts have been mitigated through the deletion of Planning Area 32 from the Master Plan, the redesign of the other Planning Areas and through the incorporation of provisions into the Master Plan to keep development out of sensitive biological areas. J . GEOLOGY Impact: Portions of the subject property are encumbered by various geological constraints including; conpressible alluvial soils, slope instability, expansive soils, landslide areas and seismic areas. Mitigation: These potential impacts can be mitigated by; (1) the implementation of geotechnical recommendations included in the Phase I geotechnical investigation report, (2) completion of Phase I1 subsurface geotechnical investigation and the implementation of associated recommendations, (3) stabilization of ancient landslides through buttressing and subdrain installation, removal and recompaction, or other similar techniques, and (4) the utilization of earthquake resistant building designs. K. CULTURAL RESOURCES Inpact: Implementation of the project would result in the destruction of Significant cultural and paleontological resources. Mitigation: Impacts to cultural resources can be mitigated through the placement of resource sites in undisturbed open space or the implementation of a Phase I1 data recovery program. Impacts to paleontological resources can be mitigated by having a qualified paleontologist monitor present during the cutting of previously undisturbed sediments. If significant fossils are discovered, grading should be halted to allow fossil recovery. The fossil locale that has already been discovered must be properly sampled prior to grading in that area. -5-