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HomeMy WebLinkAbout1993-11-03; Planning Commission; Resolution 3552'.a 0 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 PLANNING COMMISSION RESOLUTION NO. 3552 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A MAJOR MASTER PLAN AMENDMENT TO THE FORMER BATIQUITOS LAGOON EDUCATIONAL PARK MASTER PLAN TO REPLACE EDUCATIONAL USES WITH RESIDENTIAL LAND USES AND BE RENAMED THE POINSETTIA SHORES MASTER PLAN ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON, WEST OF 1-5 IN THE SOUTHWEST QUADRANT OF THE CITY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 9. CASE NAME: POINSETTIA SHORES MASTER PLAN CASE NO: MP 175(D) WHEREAS, a verified application for certain property, to wit: All of Lots 1,2,3, & 4 of parcel map #13653 as filed in the Office of the County Recorder of San Diego County, January 31, 1985 with a portion of the west half of Section 33, Township 12 South, Range 4 West, S.B.B.M. in the City of Carlsbad, San Diego County has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did on the 20th day of October, 1993, and the 3rd day of November, 1993, hold duly noticed public hearings 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 MP 175(D); and ~ NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission I ' as folIows: 1 Y 0 0 1 2 3 4 5 6 7 a 9 A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of MP 175(D), according to Exhibit "X", dated October 20, 1993, based on the following findings and subject to the following conditions. FindingS: 1. All necessary public improvements to implement Master Plan Amendment 175(D) have been provided or will be required as conditions of approval. 2. The master plan will serve as the zoning ordinance for the property. Where the plan varies from existing city regulations, specific policy statements are presented to clarify the intent and purpose of the proposed regulation. The proposed master I plan amendment is consistent with the City's General Plan as identified within the 10 11 3- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. findings for GPA 91-05, Resolution No. 3553, hereby incorporated by reference. All necessary public facilities can be provided concurrent with need and adequate provisions have been provided to implement those portions of the capital improvements program applicable to the subject property, because the master plan has language in the text stating that all future development shall comply with the public facility performance standards and phasing requirements of the Local Facilities Management Plan (LFMP) for Zone 9 and the Zone 9 LFMP Amendment. Public facilities are required to be constructed as subsequent development in the master plan creates demand for additional facilities. The demand for public facilities and services will be less than the impacts created by the former Batiquitos Lagoon Educational Park Master Plan (BLEP), therefore, a shortfall or negative impact to public facilities will not result. A financing plan for the Zone 9 LFMP, to be approved by the City Council prior to the recordation of the first final map within the master plan, will outline the mechanisms for the financing of the required public facilities. The residential and open space portions of the community will constitute an environment of sustained desirability and stability that will be in harrnony with, or provide compatible variety to, the character of the surrounding areas. The sites proposed for public facilities are adequate to serve the anticipated land uses and residential densities and appear acceptable to the public authorities having jurisdiction thereof. The master plan's open space plan provides approximately 35 acres of natural open space within the master plan's 162 total acres which provides for the protection of the biological habitat, steep slopes and wetland areas associated with the north shore of the Batiquitos Lagoon. Other areas will be maintained as open space for recreation purposes and for visual aesthetics. The open space areas maintain existing corridors for the migration of wildlife and 27 28 PC RES0 NO. 3552 -2- ,' I1 e 0 1 2 3 4 5 6 7 8 9 10 11 12 5. preserve existing ~t~ral habitat that buffers the developed and developable planning areas of the master plan as well as adjacent properties. In addition, a master plan trail system is proposed within some of the open space areas. On August 26,1993, this project was reviewed by the Open Space Advisory Committee and found to be consistent with the City's Open Space and Conservation Resource Management Plan. The proposed travel service-commercial uses of the master plan will be appropriate in area, location and overall design to the purpose intended. The design ail development standards established for these planning areas through the master plan are intended to create an environment of sustained desirability and stability. Such development will meet performance standards established by Title 21 of the Municipal Code, because approximately 12 acres is proposed to maintain a travel service-commercial designation within the master plan. The planning areas with this designation are adequate in size and shape to develop with travel service- commercial uses. Before any master plan sites are developed with commercial land uses, a Site Development Plan (SDP) must be approved by the Planning Commission. This SDP would ensure that the proposed land use is compatible with and an asset to the surrounding neighborhood, and that all necessary public improvements are provided, including dedicated public rights-of-way, sidewalks, etc. No industrial land uses are proposed with the Poinsettia Shores Master Plan. 13 14 15 16 17 18 19 20 21 22 23 24 25 6. In the case of recreational and other similar nonresidential uses, such development will be proposed, and surrounding areas are protected from any adverse effects from the development, because the project's private community recreational facility will be bordered on one side by a roadway (Avenida Encinas) and buffered otherwise from adjacent residential units. There is also an unplanned area (approximately 11 acres) within the master plan on the west side of the property north of the future Avenida Encinas alignment. Proposed as a Non-Residential Reserve, this planning area is intended to be an unplanned area and the subject of a future major master plan amendment. Specific land use and development proposals, as well as environmental review, public facilities assessments and local coastal program changes will be considered with the major master plan amendment. This provision is consistent with Section 21.38.070 of the Municipal Code which allow up to forty percent of a master plan's total area to be reserved for future planning efforts. The only remaining non-residential land use to be constructed in the master plan is the .9 acre recreational vehicle storage site located on the west side of the master plan (Planning Area "E") which will have adequate access and size to function properly. No institutional uses are proposed with this master plan amendment. 7. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon, because traffic studies have been completed for the project's environmental review and the Local Facilities Management Plan Amendment for Zone 9. Compliance with the mitigation conditions required by 26 27 PC RES0 NO. 3552 -3- 28 .. 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 these studies and plans would ensure that all circulation infrastructure is in placc to serve the tr&c demands generated by buildout of the Poinsettia Shores Maste Plan which will generate substantially less traffic than the former BLEP master pla (26,500 ADT vs. 12,300 ADT). 8. Any proposed commercial development (other than travel service-commercial uses: will be justified economically at the location proposed and will provide adequatc commercial facilities of the types needed at such location proposed with any future major master plan amendment to introduce commercial uses because this maste. plan amendment does not propose such uses at this time. In addition, pursuant tc Section 21.38.060 (2)(B), a land use and public facility economic impact report has been submitted to, and accepted by, the City. 9. The area surrounding the development is, or can be, planned and zoned ir coordination and substantial compatibility with the proposed development, becausc the master plan area will be buffered from the existing Lakeshore Gardens Mob& Home Park to the north of the site and is bounded on the east by the 1-5 freeway the south by Batiquitos Lagoon and the west by Carlsbad Boulevard so that nc conflicts in land use compatibility will be created adjacent to the master plan area 10. Appropriate measures are proposed to mitigate adverse environmental impacts a noted in the adopted mitigated negative declaration for the project. A certifiec environmental review of the property exists (EIR 84-3) and, in addition, thc proposed master plan amenhent will reduce the intensity of the allowed land use developments associated with BLEP. There will not be an increase to the projected population of the area, however, average daily trips will be reduced by more than half the traffic allowed by BLEP (26,500 ADT vs. 12,300 ADT). The proposed amendment of the master plan would not incorporate any new policies that would result in significant impacts to the environment or the Batiquitos Lagoon. Conditions of approval for the master plan amendment and any subsequent planning area development proposals will include the appropriate mitigation requirements oi the project's Mitigated Negative Declaration and Mitigation and Monitoring Program as attached to Planning Commission Resolution No. 3551. 11.. The proposed master plan amendment and associated land use changes will be consistent with the West Batiquitos Lagoon Local Coastal Program (LCP) because this project will conditioned to complete the processing of a LCP Amendment (LCPA 91-02 is part of the entitlement package) to reflect the land use changes made tc the BLEP plan by Poinsettia Shores. In addition, prior to the issuance of a final map for each development/planning area within the master plan area, a Coastal Development Permit consistent with the West Batiquitos LCP must be obtained. .... .... .... PC RES0 NO. 3552 -4- e 0 1 2 3 4 5 6 7 Conditions: Plannin~ Conditions: 1. All conditions of the Mitigated Negative Declaration, GPA 91-05, LCPA 91-02 an( LFMP 87-09(A), contained in Resolution Nos. 3551, 3553, 3554 and 3555 arc incorporated herein by reference. Refer to those documents for any conditions anc mitigation measures applicable to the development of project. 2. Approval of the Poinsettia Shores Master Plan Amendment is based on compliance with the Mitigation and Monitoring Program, as attached to Planning Commissior Resolution No. 3551 with the project's mitigated negative declaration. I 8 3. Approval of development projects within the master plan area shall substantiallJ conform with the text of the Poinsettia Shores Master Plan dated October 20, 1993 9 which outlines the allowed land uses, implementation and administration of thc lo I1 master plan as required by Chapter 21.38 of the Municipal Code. 11 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 12 by the following vote, to wit: 13 Commission of the City of Carlsbad, California, held on the 3rd day of November, 1993, 14 15 16 ~ I AYES: Chairperson Noble, Commissioners: Schlehuber, Betz, Savaq & Hall. NOES: Commissioners: Erwin & Welshons. 17 18 ABSENT: None. ABSTAIN: None. 19 I 2o I v ." "y"& a I1 A BAILEY NOBLg, Chairperson 22 23 ATTEST: CARLSBAD PLANNING COMMISSION 24 25 26 11 Planning Director 27 I1 28 PC RES0 NO. 3552 -5 - . ~ ,.- li e e UHlBlT 'X. OCTOBER 20,1993 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 -22 23 24 ,25 26 27 28 I 1, ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING THE POINSETTIA SHORES MASTER PLAN AMENDMENT LOCATED IN THE "SOUTHWEST QUADRANT OF THE CITY IN LOW FACILITIES MANAGEMENT PLAN ZONE 9 CASE NAME: POINSETTIA SHORES CASE NO: MP 175(D) WHEREAS, the City Council of the City of Carlsbad, California has reviewe and considered a Master Plan Amendment for future development of the site; and WHEREAS, after procedures in accordance with the requirements of law, ti City Council has determined that the public interest indicates that said plan be approvec NOW, THEREFORE, the City Council of the City of Carlsbad does ordain a follows: SECTION I: That the Poinsettia Shores Master Plan Amendment, MP 175(D: dated October 20, 1993, on file in the Planning Department and incorporated by referenc herein, is approved. The Master Plan Amendment shall constitute the zoning for tli property and all development of the property shall conform to the plan. SECTION 11: That the findings and conditions of the Planning Commissio~ in Planning Commission Resolution No. 3552 shall also- constitute the findings anc conditions of the City Council. EFFECTIVE DATE: This ordinance shall be effective thirty days after it adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it tl be published at least once in the Carlsbad Sun within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Cit] Council on the day of , 1993, and thereafter -. ,.- I1 e e 1 21 ~ 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 20 PASSED AND ADOPTED at a regular meeting of the City Council of the Ci of Carlsbad on the day of , 1993, by the following vote, to wit: - AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) I I