HomeMy WebLinkAbout1989-04-19; Planning Commission; Resolution 2841.L 1 0 0
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PLANNING COMMISSION RESOLUTION NO. 2841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CALIFORNIA, RECOMMENDING APPROVAL OF MASTER PLAN 175(C) TO AMEN
MASTER PLAN 175 TO ALLOW AN EXTENSION OF THE SPECIFIED TIME LI
WHICH AN EDUCATIONAL BUILDING MUST BE CONSTRUCTED WITH PLANNIN
ON PROPERTY GENERALLY LOCATED ON 40.3 ACRES WITHIN THE INTERIOR (3
CIRCLE. APPLICANT: SAMMIS PROPERTIES
5 /I CASE NO.: MP 175(C)
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WHEREAS, a verified application for certain property, to wit:
All of lots 1, 2, 3 and 4 of Parcel Map No. 13653, together wi portion of the west half of Section 33, Township 12 South, Ran
West, SBBM, all in the City of Carlsbad, County of San Diego, S of Cal i forni a.
WHEREAS, said verified appl ication constitutes a request as p
Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 19th day of April,
a duly noticed pub1 ic hearing as prescribed by law to consider said
WHEREAS, at said public hearing, upon hearing and consic
testimony and arguments, if any, of all persons desiring to be h
Commission considered all factors relating to the Master Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commisz
City of Carl sbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the
recommends APPROVAL of MP-l75(C) based on the following f-
subject to the following conditions.
Fi ndi nqs :
1. As discussed in the staff report, the City of Carl sbad has nott
by allowing this extension of time. The extension of time co
the appl icant adequate time necessary to develop educational and ultimately a unique educational park upon the subject pro
2. This Master Plan Amendment is consistent with the Carlsbad G
and with Section 21.38.120 of Title 21, which regulates am
Master P1 ans.
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3. This Master P1 an Amendment will incorporate a number of
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(a) Acceptable educational entities are clearly defined, and 2
additional conditions and clarifications within Master Plan 17!
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(b) Phasing requirements for both educational and research dt uses are specified.
4, This project will not cause any significant environmental imp: Notice of Prior Compliance has been issued by the Planning Dit
March 3, 1989 and APPROVED by the Planning Commission on April In approving this Notice of Prior Compliance, the Planning Comm considered the initial study, the staff analysis, all required measures and any written comments received regarding the s effects this project could have on the environment.
Conditions
1. Approval is granted for MP-l75(C) as shown on Exhibit "B", d 19, 1989, incorporated by reference and on file in the Department. All conditions of MP-175 and of Planning Resolution No. 2785 are hereby incorporated except as modifil resol uti on.
2. The project appl icant shall have a maximum of 5 years from -
-7 1989 to pull a building permit and begin construction
Prior to the issuance of this educational building permit, project appl icant shall only be permitted to develop (pull bui; permits and construct) the residential P1 anning Areas "B", "C", "E", "F", and "H" and all hotel , conference center and assoc' hotel service commercial uses permitted within Planning Areas "L" and "J" of this Master Plan. If a building permit(s) I 75,500 square foot educational building is not issued and bui' construction initiated within five years from the date of Council approval of MP-l75(C) then, Master Plan 175 shall be 01 up for amendment with Planning Areas "A", "6" and "I" I redesignated for open space uses or to Residential Low-MI designations (RLM -3.2 du/acre) thereby permitting the develol of the balance of the 526 total dwelling units permitted, unconstructed within MP-175,
No building permits for commercial development within Plannir of this Master Plan shall be issued until a minimum of 110,000 of educational buildings are constructed and fully occup P1 anning Area "A". If educational buildings are never develop subject property (Planning Area "A") then Planning Area " redesignated and amended to permit a maximum of 44 dwelling u other commerci a1 uses.
75,500 square foot educational building within Planning Area
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PC RES0 NO. 2841 -2-
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3. This amendment to MP-175 .is approved subject to the condition project applicant shall be required to provide the City wi'
building easement, and an accompanying agreement satisfactory t Council, that will preclude any development within Planning Area and "I" until a 75,500 square foot educational building(s) is cc and operating in conformance with the educational criteria e: through this amendment. This nonbuilding easement shall be rt be: (1) acceptable to the City Attorney, and (2) provided tc within 90 days of approval of this Master Plan Amendment by Council. Within three months from the date of City Council a1 MP-l75(C) the project applicant shall fully landscape the er P1 anning Area "A" with a variety of trees, grass, ground cove1 pathways and water features subject to the approval of the Director. P1 anning Areas "A", "G" and "I" remain under a no easement until one of the following two events has occurred:
(a) A building permit has been issued by the City of Car construction has been initiated on a 75,500 square foot e building(s) within Planning Area "A"; or
(b) A Master Plan Amendment and General P1 an Amendment has bec by the City to convert P1 anning Areas "A", "G" and "I" to uses or Residential Low-Medium (RLM - 3.2 du/acre) des thereby permitting the development of the balance of th 526 dwelling units, permitted yet unconstructed within the event that this scenario is ever implemented whe Planning Areas are redesigned for residential uses, the tc of dwelling units permitted within the Master Plan must the 526 dwelling unit cap as required by Section 21, Carlsbad Municipal Code (Growth Management).
Uses permitted within Planning Area "I" which are not assoc educational uses permitted within Planning Area "A" in( elementary school day care center, or any other uses permi tte or through Conditional Use Permit within the R-1 residential z( constructed within Planning Area "I", prior to the construc 75,500 square foot educational building(s), provided th; development plan is submitted and approved for each individua
requiring a building permit may be considered under a Cond. Permit -
other interim use proposed within Planning Areas "A", "6" and "
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4. This Master Plan Amendment is approved subject to the condition to finaling Tentative Tract Map CT 85-37, residential Plannil and all associated approvals (MP-l75/CT 85-37/PUD-95) shall be set back all dwell ing units between 80 and 100 feet from tl Batiquitos Lagoon bluff edge. The specific distance of this s be determined during subdivision review. With this redesign Area "H":
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PC RES0 NO. 2841 .3 -
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(1) A Master P1 an Amendment (to MP-175) shall be prc enable the P1 anning Area "H" boundaries to extend I into Planning Area "6" (which will be reduced in a(
(2) The edge of the existing natural lagoon bluff surveyed and staked and the dwelling unit setbac dwelling units shall be measured from this identi. edge.
(3) That portion of Tentative Map (CT 85-37) which cover Area "H" shall be redesigned to lower grades to th natural bluff top elevations. The existing grades bluff edge will not be permitted to be raised for p constructing residential pads within this Planning
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(4) No development, with the exception of a lagoon public access trail, shall be permitted within 45 fl identified lagoon bluff edge. The project applicar required to submit a grant deed to the City for p establ ishing an open space easement over this 45 fc area and the easement shall make provisions for access trail of a minimum ten foot width to be c within the 45 foot setback area.
(5) Any other development (minor accessory structure) within that area between the Planning Area "H" dwe- and the 45 foot setback area shall be consisten minor accessory use provisions of MP-l75(A) with thc that the amended 45 foot 1 agoon bluff setback 1 ine I cutoff point for those accessory uses permitted wit1 Area "C" as depicted on Exhibit "C", dated March :
No building permits for commercial development within Pl annir of Master Plan 175 shall be issued until a minimum of 110,000 of educational buildings are constructed and fully occup Planning Area "A". If educational buildings as defined in Mast are never developed upon the subject property (Planning Area P1 anning Area "M" wi 11 be redesignated and amended to permit a
44 dwelling units and no other commercial uses.
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6. Any land use changes associated with MP-l75(C), or conditiot shall necessitate that the Zone 9 Local Facilities Manageme amended to be consistent.
7. The April 19, 1989 staff report from the Planning Departme Planning Commission is incorporated by reference herein to I provide direction on implementing the above conditions.
~ 24 8. The Planning Commission recommends that the agreement referred 3 of Exhi bit "B" require that the educational leases be for a 25 five years.
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PC RES0 NO. 2841 -4-
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II PASSED, APPROVED, AND ADOPTED at a regular meeting of tt 1
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Commission of the City of Carlsbad, California, held on the 19th daJ
1989, by the following vote, to wit:
AYES: Chairperson Hall, Commissioners: Schramm, Sch-
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NOES : Commissioners: Erwin, Holmes & McFadden. 5
& Marcus.
6 ABSENT: None.
7 ABSTAIN: None.
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MATTHEW HALL. Chairman CARLSBAD PLANNING COMMISSION
11 // ATTEST:
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13 MICHAEL J. HO-ILLEW P1 anni ng Di rector
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Exhibit April 19,
CHAPTER 111 - DEVELOPMENT REVIEW PROCESS SECTION D - AMENDMENTS: PAGE 21 PRESENTLY READS AS:
3. If building permits are not issued, or if construction on buildings in Area "A" has not commenced within three years of the date of approval of this Master P1 an all approvals for Areas "A" and "I" shall be suspended until this Master Plan is reviewed at a public hearing by the City Council for possible amendment, or extension.
AMENDED PAGE 21 SHALL READ AS:
3. The project appl icant shall have a maximum of 5 years from , 1989 to pull building permits and begin construction of a 75,500 square foot educational building(s) within Planning Area "A". Prior to the issuance of the educational building permit(s), the project appl icant shall only be permitted to develop (pull building permits and construct) the residential Planning Areas "B", 'IC", "D", ''E", and 'IF", and all hotel, conference center and associated hotel service commercial uses permitted within Planning Areas "K" , "L" and "J" of this Master Plan. If building permit(s) for a 75,500 square foot educational building(s) is not issued and building construction initiated within five years from the date of City Council approval of MP- 175(C), then, Master Plan 175 shall be opened up for amendment with Planning Areas "A", "G" and "I" being redesignated for open space uses or to Residential Low- Medium designations (RLM - 3.2 du/acre), thereby permitting the development of the balance of the 526 total dwelling units permitted, yet unconstructed within MP-175. In the event that this scenario is ever implemented whereby these Planning Areas are redesigned
for residential uses, the total number of dwell ing units permitted within the Master Plan must conform to the 526 dwelling unit cap as required by Section 21.90 of the Carl sbad Municipal Code (Growth Management).
Uses permitted within Planning Area "I" which are not associated with educational uses permitted within P1 anning Area "A" including an elementary school, day care center, or any other uses permitted by right or through Conditional Use Permit within the R-1 residential zone, may be constructed within Planning Area "I" prior to the construction of a 75,500 square foot educational building(s), provided that a site development plan is submitted and approved for each individual use. Any other interim use proposed within
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Exhibit April 19,
Planning Areas "A", "G" and "I", and not requiring a building permit, may be considered under a Conditional Use Permit.
No building permits for commercial development within P1 anning Area "M" of this Master P1 an shall be issued until a minimum of 110,000 square feet of educational building(s) are constructed and fully occupied within Planning Area "A". If educational buildings are never developed upon the subject property (Planning Area "A") then Planning Area "M" will be redesignated and amended to permit a maximum of 44 dwell ing units and no other commerci a1 uses.
CHAPTER IV - PROJECT DEVELOPMENT STANDARDS SECTION B - SPECIAL PLANNING AREA DEVELOPMENT STANDARDS: PAGE 29 PRESENTLY READS AS:
Permitted Uses: The primary use permitted in the Educational Park is an educational institution which may include: undergraduate and graduate educational institutions; institute offices for admissions and placement, registration, faculty and accounting; conference rooms, classrooms, laboratories, libraries and auditoriums; student lounge and commons, book store, cafeteria and deli. Other related uses as discussed bel ow are a1 lowed subject to compl iance with the criteria following under related uses.
AMENDED PAGE 29 SHALL READ AS;
Permitted Uses: The primary use permitted in Planning Area "A" are educational entities which shall be required to satisfy one of the following definitions:
(a) A full-time, accredited institution of higher education (The schools must be accredited by one of the accrediting bodies included within Lovejoy's College Guide, Eighteenth Edition. However, each school may also be accredited by a separate accrediting body i.e., School of Library Science must be accredited by the American library Association). Accreditation must be acceptable to the City.
(b) A branch or satellite of a full -time, accredited
Other Educational Uses (i .e. 9 non-accredited schools offering
institution of higher education.
continuing education, executive or management training, educational conferences or workshops) may be permitted within Planning Area "A"
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Exhibit April 19,
subject to the following criteria:
(1) each of these Other Educational Uses shall be subject to the approval of the Planning Director,
(2) that other Educational Uses shall occupy no more than
50 percent of the total educational square footage
permitted or constructed within P1 anning Area "A".
Other Re1 ated Uses as discussed below are allowed within Planning Area "A" subject to compl iance with the (1) criteria for Re1 ated Uses, and (2) phasing provisions for Educational and Related Uses, di scussed bel ow.
Page 30 shall be amended to incorporate Phasinq provisions for Educational Related Uses, directly following the first paragraph dealing with Criteria Re1 ated Uses
AMENDED PAGE 30 SHALL READ AS:
Phasinq Provisions for Educational and Related Uses;
(1) The first educational building(s) to be constructed within Planning Area "A" shall be a minimum of 75,500 square feet in area; of which 25,500 square feet shall be leased and/or occupied by either, (2) a full-time, accredited institution of higher education, or (2) a branch or satellite of a full-time, accredited institution of higher education. No other non- educational uses may be permitted to occupy the educational building(s).
(2) Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) as approved by the P1 anning Director, shall occupy no more than 50,000 square feet of the first educational building(s) constructed within Planning Area "A".
(3) Prior to receiving building permits for the first educational bui 1 ding (s) , the devel oper shall provide evidence satisfactory to the Planning Director and the City Attorney of a 1 egally binding agreement guaranteeing minimum uti1 ization by an Educational Entity as defined herein. The Planning Commission recommends that minimum utilization be for a period of at least five years.
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Exhibit April 19,
(4) No building other than for educational uses (which satisfy the criteria of an Educational Entity or Other Educational Use) shall be approved for construction within Planning Area "A" until full occupancy of the
first educational building(s) has occurred. The first educational building(s) shall be a minimum of 75,500
square feet in area.
(5) Subsequent to the development and full occupancy of the first educational bui lding(s) , Re1 ated Uses shall be permitted to be constructed within Planning Area "A", on a 1:l ratio with additional educational structural square footage (any educational square footage constructed in excess of the required minimum 75,500 square feet).
No R&D or office uses shall be a1 lowed to be constructed until a minimum of 75,500 square feet of educational facilities are fully leased and operating. Subsequent to fulfilling this condition, R&D uses may develop on a 1:l ratio with additional educational square footage.
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