HomeMy WebLinkAbout1987-11-04; Planning Commission; Resolution 2608.I I1 I) e I
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PLANNING COMMISSION RESOLUTION NO. 2608
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CONDOMINIUM PERMIT TO CREATE A FOUR LOT CONDOMINIUM PERMIT
WITH 100 UNITS ON PROPERTY GENERALLY LOCATED IMMEDIATELY
NORTH OF BATIQUITOS LAGOON, BETWEEN 1-5 AND EL CAMINO REAL
(PLANNING AREA 9). APPLICANT: PACIFIC RIM COUNTRY CLUB AND RESORT
CASE NO: CP-323
WHEREAS, a verified application for certain property to
wit:
Portion 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
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Planning Commission; and 11
has been filed with the City of Carlsbad, and referred to the
12 WHEREAS, said verified application constitutes a request
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November, 1987, hold a duly noticed public hearing as prescribed 15
WHEREAS, the Planning Commission did, on the 4th day of 14
as provided by Title 21 of the Carlsbad Municipal Code; and
16 by law to consider said request; and
17 WHEREAS, at said public hearing, upon hearing and
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I desiring to be heard, said Commission considered all factors 19
considering all testimony and arguments, if any, of all persons
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20 relating to the Condominium Permit.
21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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B) That based on the evidence presented at the public hearing, the 24
A) That the above recitations are true and correct. 23
Commission as follows:
Commission recommends APPROVAL of CP-323, based on the 25 following findings and subject to the following conditions:
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Findings:
1) The project is consistent with the City's General Plan since
the uses proposed are consistent with the land use designations for the site as indicated on the Land Use Element of the General Plan, and is at or below the Council adopted control yield density.
2) The project is consistent with Master Plan MP-177 because the uses and densities proposed are provided for in MP-177. I
6 3) The site is physically suitable for the type and density of
the development since the site is adequate in size and shape
7 to accommodate the project as proposed.
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4) 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 Carlsbad Unified School District has written a letter, dated July 7, 1986, stating that, the project applicant's offer to dedicate a 12.4 acre site at the intersection of Alga Road and "A" Street for a school, is acceptable as mitigation of the impact to existing school facilities. Implementation of this agreement will ensure that school facilities are available to this project.
c) Park land dedication (24.25 acres and 5.75 acres of reserve) within Planning Area 32 of MP-177, is required as discussed in the Zone 19 Local Facilities Management
Plan.
d) All necessary public improvements have been provided or
will be required as conditions of approval.
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e) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. The applicant has also agreed by condition to pay all Growth Management Fees. Perforrnance.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.
The proposed project is consistent with the City's Planned
Development Ordinance and also complies with the Design
Guide1 ines Manual.
The proposed project is compatible with the surrounding future
land uses since surrounding properties are designated for
residential development on the General Plan.
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. W.ith
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 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.
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The specific findings for the Planning Commission on each irnpact identified are attached as Exhibit "E" and incorporated herein by reference,
8) 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.
9) 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.
10) 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 facil'ity
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.
11) This project shall comply with all conditions and mitigation
required by the Zone 19 Local Facilities Management Plan
approved by the City Council on ? incorporated herein and on file in the Planning Department, and any future amendments to that Plan made prior to the issuance of building permits. i
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I 1) Approval is granted for CP-323, as shown on Exhibits "A-1" - 19
Conditions:
"A-9", "C-1 - 11C-3", and "E-9" - "E-I I", dated October 13,
Department. Development shall occur substantially as shown
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unless otherwise noted in these conditions. 21
1987, incorporated by reference and on file in the Planning
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22 2) . This approval shall be subject to the approval of CT 85-35 and all conditions contained in Planning Commission Resolution No. 23 2595 are hereby incorporated herein by reference.
24 3) All visitor parking spaces shall be striped a different color
25 small signs to be approved by the Planning Director.
than the resident spaces and shall be clearly marked with
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4) This project is also approved under the express condition that the applicant pay the public facilities fee adopted by the
City Council on July 28, 1987 and any development fees
established by the City Council pursuant to Chapter 21.90 of
the Carlsbad Municipal Code or other ordinance adopted to
implement a growth management system or facilities and improvement plan and to fulfill the subdivider's agreement to pay the public facilities fee. dated October 16, 1987 and the agreement to pay the Growth Management Fee dated August 27, 1986, copies of which are on .file with the City Clerk and are incorporated by this reference. If the fees are not paid
this application will not be consistent with the General Plan and approval for this project shall be void.
5) The developer shall display a current zoning and General Plan
Land Use Map in the sales office at all times.
6) Building identification and/or addresses shall be placed on all new and existing buildings so as to be plainly visible
from the street or access road; color of identification and/or addresses shall contrast to their background color.
7) This project, CP-323, is being approved as a condominium permit for residential homeownership purposes. If any of the
units in the project are rented, the minimum time increment
for such rental shall be not less than 26 days. A condition so stating this shall be placed in the CCStR's for the project.
8) Approval of CP-323 is granted subject to the approval of MP-
177, CT 85-35 and LFMP 87-19.
9) Condominium Permit No. 323 is subject to all of the
conditions of approval of CT 85-35.
10) The acccess/turnaround adjacent to Alga Road is specifically not approved. The turnaround shall be redesigned in
conformance with GS-3, or GS-4 of the adopted City standards.
11) If a gated access is proposed at the southern end of this
planning area the design shall provide for adequate
turnaround as approved by the City Engineer.
12). The northerly block of units within this planning area shall
be designed as to preclude vehicles backing into the private street.
13) Any graded pads not intended to be immediately built upon
shall be hydroseeded, fertilized and hydromulched with a
seed mix approved by the City Engineer. Water trucks or temporary irrigation systems shall be utilized to irrigate
these areas.
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14) Prior to occupancy of any units, the applicant shall construct a directory sign at the entrance to the project. The design of this sign shall be approved by the Planning Director.
15) If any condition for construction of any public improvements or facilities, or the payment of any fees in lieu thereof, imposed by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in Government Code Section 65913.5. If any such condition is determined to be invalid this approval shall be invalid. i
6 16) Prior to the issuance of building permits the applicant shall provide proof of Coastal Development Permit approval. 7
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
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the 4th day of November, 1987, by the following vote, to wit
AYES : Chairman Marcus, Commissioners: McBane, McFadden,
NOES :
ABSENT: Holmes
ABSTAIN:
Schlehuber, Hall E Schramm.
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e 0 EXHIBIT "E" H.P.I. November 4, 1987
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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 the City's Growth Nanagement 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.
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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 payment 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-ment of these Planning Areas.
Impact: Development would irrevocably alter the site's appearance from an undeveloped site to
one of urban development.
Hitigation: An unavoidable. impact would result from any urban developm.ent 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.
Impact: 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,
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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.
Mitigation: 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,
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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. PUBLIC 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 Contaminants
associated with runoff.
I. BIOLOGY
Impact: Implementation of the project as proposed would result in several biological impacts
including:
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a) impacts to wetlands habitat from the development 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: cornpressible 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
Impact: 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.
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