HomeMy WebLinkAbout1989-09-05; City Council; NS-83; Ord 9778 amend - BLEP area "A" educational facilities...C
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ORDINANCE NO. NS-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778 AND MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON EDUCATIONAL PARK TO EXTEND FOR FIVE
YEARS THE TIME LIMIT FOR CONSTRUCTION OF
EDUCATIONAL FACILITIES IN AREA "A" SUBJECT TO
CERTAIN CONDITIONS.
WHEREAS, the City Council of the City of Carls
California held a duly noticed public hearing on July 11, 198
consider Master Plan Amendment MP-175C to the Batiquitos La
Educational Park to extend for five years the time limit
construction of educational facilities in area rrArr subjecl
certain conditions; and
WHEREAS, as a part of that hearing the City Cou
considered the recommendations of the Planning Commissior
Resolution No. 2841 on file with the City Clerk and incorpor
by reference herein recommending the approval of the amendment
approving the notice of prior compliance and the Council finds
the time extension will not have any substantial ad\
environmental effects,
Now, therefore, the City Council of the City of Carls
California does ordain as follows:
SECTION I: That the prior compliance determinatic
the Planning Commission in Resolution No. 2841 is approved and
the findings and decisions made by the Planning Director and
Planning Commission in that matter are the findings and deciz
of the City Council.
SECTION 11: That amendment MP-175C to the Batiq
~ Lagoon Educational Park is approved as recommended by the Plar
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Commission in Resolution No. 2841 marked Exhibit trAt' atta
hereto and made a part hereof. The findings and conditions of
resolution with the addition contained in the memo to file d
July 11, 1989 marked Exhibit I1Cl1 attached hereto and made a
hereof are the findings and conditions of the City Council.
staff report dated April 19, 1989 on file with the City Clerk
incorporated by referenced herein is approved by the City Cou
to provide background for and to guide the interpretation of
ordinance.
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SECTION 111: That Ordinance No. 9778 approving Me
Plan MP-175C for the Batiquitos Lagoon Educational Park as am€
by Ordinance No. NS-71 is further amended by the adoption o
amendment to the Master Plan as shown on the exhibit ma
IIRevised Exhibit Bl1 dated July 11, 1989 attached hereto and
a part hereof.
EFFECTIVE DATE: This ordinance shall be effectiveth
days after its adoption, and the City Clerk shall certify tc
l adoption of this ordinance and cause it to be published at 1 i once in the Carlsbad Journal within fifteen days after
adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 22nd day of August
and thereafter
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2 Council of the City of Carlsbad on the 5th day of Septembe~
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PASSED AND ADOPTED at a regular meeting of the
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and I
NOES: None
ABSENT : Ibne
APPROVED AS TO FORM AND LEGALITY
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ATTEST :
u TR. -67- ALETHA L. RAUTENKRANZ, City Clerk
I/ 0 0 Exhibit "A"
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PLANNING COMMISSION RESOLUTION NO. 2841
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ' CARL
CALIFORNIA, RECOMMENDING APPROVAL OF MASTER PLAN 175(C) TO AMEND EX1 MASTER PLAN 175 TO ALLOW AN EXTENSION OF THE SPECIFIED TIME LIMIT 1 WHICH AN EDUCATIONAL BUILDING MUST BE CONSTRUCTED WITH PLANNING ARI
ON PROPERTY GENERALLY LOCATED ON 40.3 ACRES WITHIN THE INTERIOR OF WI! CIRCLE.
APPLICANT: SAMMIS PROPERTIES
CASE NO.: MP 175(C)
WHEREAS, a verified application for certain property, to wit:
All of lots 1, 2, 3 and 4 of Parcel Map No. 13653, together with a
portion of the west half of Section 33, Township 12 South, Range 4 West, SBBM, all in the City of Carlsbad, County of San Diego, State
of Cal i forni a.
10 WHEREAS, said verified application constitutes a request as provic
11 Title 21 of the Carlsbad Municipal Code; and
12 WHEREAS, the Planning Commission did, on the 19th day of April, 1989
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NOW, THEREFORE, BE IT HEREBY RESOLVED by .the Planning Commission 17
Commission considered all factors relating to the Master Plan; and 16
testimony and arguments, if any, of a1 1 persons desiring to be heard, 15
WHEREAS, at said public hearing, upon hearing and considerin 14
a duly noticed pub1 ic hearing as prescribed by 1 aw to consider said requl
City of Carlsbad, as follows:
19 A) That the above recitations are true and correct.
20 B) That based on the evidence presented at the public hearing, the Comm
recommends APPROVAL of MP-l75(C) based on the following findin!
21 subject to the following conditions.
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and with Section 21.38.120 of Title 21, which regulates amendme 26
2. This Master P1 an Amendment is consistent with the Carl sbad Genera 25
and ultimately a unique educational park upon the subject property
the applicant adequate time necessary to develop educational faci 24
by allowing this extension of time. The extension of time could p 1. As discussed in the staff report, the City of Carl sbad has nothing t 23
Findinqs:
Master P1 ans.
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3 - This Master P1 an Amendment will incorporate a number of impc additional conditions and clarifications within Master Plan 175 whe
(a) Acceptable educational entities are clearly defined, and
(b) Phasing requirements for both educational and research develc uses are specified.
4. This project will not cause any significant environmental impacts
Notice of Prior Compliance has been issued by the Planning Directc March 3, 1989 and APPROVED by the Planning Commission on April 19, In approving this Notice of Prior Compliance, the Planning Commissic considered the initial study, the staff analysis, all required miti! measures and any written comments received regarding the signii effects this project could have on the environment.
Conditions
1. Approval is granted for MP-l75(C) as shown on Exhibit "B", dated 19, 1989, incorporated by reference and on fi 1 e in the P1 i Department. A1 1 conditions of MP-175 and of P1 anning Comn. Resol uti on No. 2785 are hereby incorporated except as modified bJ resolution.
2. The project applicant shall have a maximum of 5 years from SEp%
75,500 square foot educational building within Planning Area "A". Prior to the issuance of this educational building permit, the project applicant shall only be permitted to develop (pull building permits and construct) the residential P1 anning Areas "B", "C", "D", "E", "F", and "H" and all hotel, conference center and associated hotel service commercial uses permitted within Planning Areas "K", "L" and "J" of this Master Plan. If a building permit(s) for a 75,500 square foot educational building is not issued and building construction initiated within five years from the date of City Council approval of MP-l75(C) then, Master Plan 175 shall be opened up for amendment with Planning Areas "A", "6" 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.
-7 5 1989 to pull a building permit and begin construction of a
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No building permits for commercial development within Planning Arl of this Master Plan shall be issued until a minimum of 110,000 squar of educational buildings are constructed and fully occupied P1 anning Area "A". If educational buildings are never devel oped up subject property (Planning Area "A") then Planning Area "M" wi redesignated and amended to permit a maximum of 44 dwelling units
other commerci a1 uses.
~ -.. I 1 PC RES0 NO. 2841
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3. This amendment to MP-175 is approved subject to the condition tha project applicant shall be required to provide the City with a building easement, and an accompanying agreement satisfactory to the Council, that will preclude any development within P1 anning Areas "A' and "I" until a 75,500 square foot educational building(s) is constr
and operating in conformance with the educational criteria establ through this amendment. This nonbuilding easement shall be requir be: (1) acceptable to the City Attorney, and (2) provided to the within 90 days of approval of this Master Plan Amendment by the Council. Within three months from the date of City Council appro\ MP-l75(C) the project applicant shall fully landscape the entire Planning Area "A" with a variety of trees, grass, ground cover, st pathways and water features subject to the approval of the P1i Director. Planning Areas "A", "G" and "I" remain under a non-bu. easement until one of the following two events has occurred:
(a) A building permit has been issued by the City of Carlsba construction has been initiated on a 75,500 square foot educai building(s) within Planning Area "A"; or
(b) A Master P1 an Amendment and General P1 an Amendment has been apl by the City to convert Planning Areas "A", "G" and "1" to open uses or Residential Low-Medium (RLM - 3.2 du/acre) designa. thereby permitting the development of the balance of the to' 526 dwelling units, permitted yet unconstructed within MP-1; the event that this scenario is ever implemented whereby Planning Areas are redesigned for residential uses, the total I of dwelling units permitted within the Master Plan must confl the 526 dwelling unit cap as required by Section 21.90 c Carlsbad Municipal Code (Growth Management).
Uses permitted within Planning Area "I" which are not associatec educational uses permitted within Planning Area "A" includi elementary school day care center, or any other uses permitted by or through Conditional Use Permit within the R-1 residential zone, constructed within Planning Area "I", prior to the construction 75,500 square foot educational building(s), provided that a development plan is submitted and approved for each individual us other interim use proposed within Planning Areas "A", "6" and "I", a requiring a building permit may be considered under a Condition' Permit .
4. This Master Plan Amendment is approved subject to the condition that to finaling Tentative Tract Map CT 85-37, residential Planning Ar and all associated approvals (MP-l75/CT 85-37/PUD-95) shall be amen set back all dwelling units between 80 and 100 feet from the ex Batiquitos Lagoon bluff edge. The specific distance of this setbac be determined during subdivision review. With this redesign of P1 Area "H":
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PC RES0 NO. 2841 -3-
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(1) A Master Plan Amendment (to MP-175) shall be process enable the Planning Area "H" boundaries to extend nort into Planning Area "G" (which will be reduced in acreag
(2) The edge of the existing natural lagoon bluff sha' surveyed and staked and the dwelling unit setback fo dwelling units shall be measured from this identified edge.
(3) That portion of Tentative Map (CT 85-37) which covers P1; Area "H" shall be redesigned to lower grades to the exi natural bluff top elevations, The existing grades alon! bluff edge will not be permitted to be raised for purpo! constructing residential pads within this Planning Are;
(4) No development , with the exception of a 1 agoon bJ uf public access trail, shall be permitted within 45 feet 0. identified lagoon bluff edge. The project applicant shi required to submit a grant deed to the City for purpo: establishing an open space easement over this 45 foot sf area and the easement shall make provisions for a I access trail of a minimum ten foot width to be estab' within the 45 foot setback area.
(5) Any other development (minor accessory structure) pen within that area between the Planning Area "H" dwelling and the 45 foot setback area shall be consistent wil minor accessory use provisions of MP-l75(A) with the excc that the amended 45 foot lagoon bluff setback line will cutoff point for those accessory uses permitted within sc Area "C" as depicted on Exhibit "C", dated March 15, l!
5. No building permits for commercial development within Planning Arc of Master Plan 175 shall be issued until a minimum of 110,000 squar of educational buildings are constructed and fully occupied I P1 anning Area "A". If educational buildings as defined in Master P1 are never developed upon the subject property (Planning Area "A" P1 anning Area "M" will be redesignated and amended to permit a maxi 44 dwelling units and no other commercial uses.
6. Any land use changes associated with MP-l75(C), or conditions th shall necessitate that the Zone 9 Local Facilities Management P' amended to be consistent.
7. The April 19, 1989 staff report from the Planning Department tc Planning Commission is incorporated by reference herein to cl ari provide direction on implementing the above conditions.
8. The Planning Commission recommends that the agreement referred to a 3 of Exhibit "Bll require that the educational leases be for a mini f i ve years.
PC RES0 NO. 2841 -4-
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I/ PASSED, APPROVED, AND ADOPTED at a regular meeting of the P1 '11 Commission of the City of Carlsbad, California, held on the 19th day of
2(( 1989, by the following vote, to wit:
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AYES : Chairperson Hall, Commissioners: Schramm, Schlehub & Marcus.
5 NOES : Commissioners: Erwin, Holmes & McFadden.
6 ABSENT: None.
7 ABSTAIN: None.
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11 ATTEST:
mA& . MATTHEW HALL, Chairman CARLSBAD PLANNING COMMISSION
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13 MICHAEL J. HOMILLEQL'
I Planning Director 14
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Exhibit 'B' April 19, 1989
CHAPTER I11 - 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 Plan 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 applicant shall have a maximum of 5 years from SEPT. A- , 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 P1 anning Areas "B", 'IC", I'D" , "E" , and 'IF", and a1 1 hotel, conference center and associated hotel service commercial uses permitted within P1 anning Areas "K", "L" and IIJ" 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 "1" being redesignated for open space uses or to Residential Low- Medium designations (RLM - 3.2 du/acre), thereby permitting the development of the bal ance 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 dwelling units permitted within the Master Plan must conform to the 526 dwell ing unit cap as required by Section 21.90 of the Carlsbad 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 "B" April 19, 1989
P1 anning 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 Planning Area "M" of this Master Plan shall be issued until a minimum of 110,000 square feet of educational building(s) are constructed and fully occupied within P1 anning Area "A". If educational buildings are never developed upon the subject property (P1 anning Area "A") then P1 anning Area "M" will be redesignated and amended to permit a maximum of 44 dwelling 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, 1 aboratories, 1 i braries and auditoriums; student lounge and commons, book store, cafeteria and del i . Other re1 ated uses as discussed below are allowed subject to compliance with the criteria foll owing under re1 ated 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 institution of higher education.
Other Educational Uses (i .e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) may be permitted within Planning Area "A"
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Exhibit "B"
April 19, 1989
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 Planning Area "A".
Other Re1 ated Uses as discussed below are a1 lowed within P1 anning Area "A" subject to compl iance with the (1) criteria for Re1 ated Uses, and (2) phasing provisions for Educational and Related Uses, discussed below.
Page 30 shall be amended to incorporate Phasinq provisions for Educational and Related Uses, directly following the first paragraph dealing with Criteria for 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 Planning 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 building(s), the developer shall provide evidence satisfactory to the Planning Director and the City Attorney of a 1 egal ly binding agreement
guaranteeing minimum utilization 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 "B" April 19, 1989
(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 building(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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Revised Exhibit 'B" July 11, 1989
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 Plan all approval s 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 July 11, 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 applicant shall only be permitted to develop (pull building permits and construct) the residential P1 anning Areas "Bll, "C" , "D" , "E", and "F" , and a1 1 hotel, conference center and associated hotel service commercial uses permitted within P1 anning 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 dwelling units permitted within the Master Plan must conform to the 526 dwell i ng unit cap as required by Sect ion 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 Planning 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 "1" 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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Revised Exhibit "B" July 11, 1989
P1 anni ng Areas "A", "G" and "I", and not requiring a bui 1 ding permit , may be considered under a Conditional Use Permit.
No building permits for commercial development within Planning Area "M" of this Master Plan shall be issued until a minimum of 110,000 square feet of educational building(s) are constructed and fully occupied within P1 anning Area "A". If educational buildings are never developed upon the subject property (Planning Area "A") then P1 anning Area "M" will be redesignated and amended to permit a maximum of 44 dwelling 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 re1 ated uses as discussed below 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 P1 anning 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 a1 so 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 institution of higher education.
Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) may be permitted within Planning Area "A" subject to the foll owing criteria:
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Revised Exhibit 'B' July 11, 1989
(1) each of these Other Educational Uses shall be subject to the approval of the P1 anning Director,
(2) that other Educational Uses shall occupy no more than 50 percent of the first 75,500 sq.ft. (Phase I) and 20% total educational square footage permitted or constructed within Planning Area "A".
Other Related Uses as discussed below are allowed within P1 anning Area "A" subject to compliance with the (1) criteria for Re1 ated Uses, and (2) phasing provisions for Educational and Related Uses, discussed bel ow.
Page 30 shall be amended to incorporate Phasinq Provisions for Educational and Related Uses, directly following the first paragraph dealing with Criteria for 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 50% or 37,750 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 bui 1 di ng (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 Planning Director, shall occupy no more than 50% or 37,750 square feet of the first educational building(s) constructed within Planning Area "A".
(3) Prior to receiving building permits for the first educational building(s), the developer shall provide evidence satisfactory to the Planning Director and the City Attorney of a legally binding agreement guaranteeing minimum utilization 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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Revised Exhibit MBn July 11, 1989
(4) At the buildout of the educational facilities no more than 20 percent of the "Other Educational Uses" shall be constructed within Planning Area "A". Since the first phase as noted above allows for a maximum of 50 percent of "Other Educational Uses" to be constructed it is recognized that construction of subsequent phases could not produce the required maximum of 20 percent "Other Educational Uses". Therefore if the developer chooses to construct more than 20% "Other Educational Uses'' of the 75,500 square feet first phase, then each successive phase of educational facilities must be developed without any "Other Educational Uses" until the 20 percent maximum "Other Educational Uses" is attained. Once this is achieved a1 1 successive educational phases shall not be developed with more than 20 percent "Other Educational Uses".
(5) 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.
(6) Subsequent to the development and full occupancy of the first educational building(s), Related 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 allowed to be constructed unti 1 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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i e * Exhibit "C
MEMORANDUM
DATE : July 11, 1989
TO : File MP-l75(C)
FROM: CITY COUNCIL
On July 11, 1989, the Carl sbad City Council adopted amended Planning Commission Resolution No. 2841 with modifications as follows:
(A) A new condition No. 9 was added.
9. MP-l75(C) is approved subject to the condition that 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 50% or 37,750 square feet shall be leased and/or occupied by either, (1) 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).
Other Educational Uses (i .e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) as approved by the Planning Director, shall occupy no more than 50% or 37,750 square feet ofthe first educational building(s) constructed within Planning Area "A". Other Educational Uses shall occupy no more than 20% of the total educational square footage permitted or constructed within Planning Area "A". If more than 20% "Other Educational Uses" are developed in
the first 75,500 square feet then each subsequent phase shall not include any "Other Educational Uses" until no more than 20% of the total existing facilities is composed of "Other Educational Uses". At such time the maximum 209L "Other Educational Uses" is attained, successive developed of educational faci 1 i ti es shall not be composed of more than 20% "Other Educational Uses " .
(B) Condition No. 4 was revised to now apply only to Lagoon blufftop structures and not to all structures, including the desiltation basin blufftops structures, within P1 anning area "H" .
4. This Master Plan Amendment is approved subject to the condition that prior to finaling Tentative Tract Map CT 85- 37, residential Planning Area "H" and all associated approvals (MP-l75/CT 85-37/PUD-95) shall be amended to set back all Batiquitos Lagoon bluff edge dwelling units (lots 18-29 of CT 85-37) between 80 and 100 feet from the existing Batiquitos Lagoon bluff edge. The specific distance of this setback will be determined during subdivision review. With this redesign of Planning Area "H":
0 a
(1) A Master Plan Amendment (to MP-175) shall be processed to enable the P1 anning Area "H" boundaries to extend northward into Planning Area '6" (which will be reduced in acreage).
(2) The edge of the existing natural lagoon bluff shall be surveyed and staked and the dwelling unit setback for all dwelling units shall be measured from this identified bluff edge.
(3) That portion of Tentative Map (CT 85-37) which covers P1 anning Area "H' shall be redesigned to 1 ower grades to the existing natural bluff top elevations. The existing grades along this bluff edge will not be permitted to be raised for purposes of constructing residential pads within this Planning Area.
(4) No development, with the exception of a 1 agoon bluff top public access trail, shall be permitted within 45 feet of this identified lagoon bluff edge. The project appl icant shall be required to submit a grant deed to the City for purposes of establishing an open space easement over this 45 foot setback area and the easement shall make provisions for a public access trail of a minimum ten foot width to be established within the 45 foot setback area.
(5) Any other development (minor accessory structure) permitted within that area between the Planning Area "H" dwelling units and the 45 foot setback area shall be consistent with the minor accessory use provisions of MP-l75(A) with the exception that the amended 45 foot lagoon bluff setback line will be the cutoff point for those accessory uses permitted within setback Area "C" as depicted on Exhibit 'C", dated March 15, 1989.
CD:1 h mpl75c.mem