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HomeMy WebLinkAbout1973-04-27; City Council; 2027; Final Environmental Impact Report EIR 136 and CT 71-02 Request for approval of six lot subdivision on 163 acres of land located on west side of San Diego Freeway North and south of Poinsettia Lane filed by Occidental Petro. "*. v- TWCITY OF CARLSBAD, CALIFt^lA Agenda Bill NO. $LOIf Date_ . Referred To: CITY COUNCIL. - Sublet. FINAL ENVIRONMENTAL IMPACT REPORT NO.Ub andsubmJ TENTATIVE-TRACT CASE NO. CT: 71-2 -.Request ' filed by OCCIDENTAL PETROLEUM LAND & DEVELOPMENT PLANNING COMMISSIONCO., for approval of a six-lot subdivision, on 163 acres of land generally located on the west side of San Diogo Freeway, north and south of Poinsettia Lane. " Statement of the Matter This matter was considered by the Planing Commission at their regular meeting on April 24, 1973. The Final EnvironfflfcOtal a Report was accepted as being adequate and satisfying the re- quirements of City of Carlsbad Environmental Protection Ord.of 1972. Resolution No. 893 was adopted, including Conditions 1-5 of the Staff Report and adding Condition 6, for development of a six-lot subdivision on 163 acres of land, granting request for extension of Tentative Map which expired 9/21/72. Exhibit 1. Resolution No. 893 (Tentative Map) 2. Final Environmental Impact Report 3. Staff Report dated April 24, 1973 4. Owners Affidavit 5. Applicants Exhibits 6. City Council Resol Staff Recommendations Staff recommends, approval as outlined in above referenced report. • •AS No . . Date: City Manager's Recommendation Concur with recommendation of Planning Commission Counci1 Action 5-15-73 The Final E.I.R. was approved and Resolution #3130 was adopted, approving the tentative map for Carlsbad Tract 71-2. -2- X 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 29 30 31 32 PLANNING COMMISSION RESOLUTION NO. 893 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, SETTING FORTH ITS FINDINGS AND RECOMMENDING TO THE CITY COUNCIL, APPROVAL OF A TENTATIVE MAP (CT 71-2) TO ALLOW FOR DEVELOPMENT OF A PLANNED COMMUNITY MOBILE HOME PARK, FREEWAY SERVICE FACILITY, SERVICE STATION COMMERCIAL CLUSTER AND COMMUNITY SHOPPING CENTER, ON 163 ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF SAN DIEGO FREEWAY, NORTH AND SOUTH OF POINSETTIA LANE. (OCCIDENTAL PETROLEUM) WHEREAS, the Planning Commission of the City of Carlsbad did receive a verified application from OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CO:, requesting approval of a Tentative Subdivision Map to provide for the development of a planned community mobile home park, freeway service facility, service station commercial cluster and community shopping center, on 163 acres of land located on the west side of the San Diego Freeway, north and south of Poinsettia Lane, more particularly described as: Portion of Section 28 & 29, Township 12 South, Range 4 West, San Bernardino Meridian, City of Carlsbad, County of San Diego, State of California. WHEREAS, said application has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972", and an Environmental Impact Report was filed and discussed at a duly noticed public hearing held by the Planning Commission on April 24, 1973, and was approved as presented, and; WHEREAS, the Planning Commission did take into consideration the Tentative Map as submitted, and the reports of the various reviewing agencies and; WHEREAS, the Planning Commission did find that the subject Tentative Map does substantially comply with the City of Carlsbad subdivision regulations, and the State of California Subdivision Map Act; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Carlsbad that it does hereby recommend approval to the City Council of the City of Carlsbad, of the herein described Tentative Map CT 71-2, subject to fulfillment of the following conditions: XX XX _i 1. That all improvements be constructed as required by Ordinance and the City Engineer.21 2. That the alignment of Poinsettia Lane easterly of Avenida3 4 5 6 7 I style. 8 9 10 11 12 30 Encinas be revised subject to the approval of the City Engineer as necessary to conform with the alignment of the future bridge. 3. Development shall conform with the requirements of the proposed specific plan adopted by the City Council on January 6, 1970. 4. Street lights along Poinsettia Lane shall be "Mission Bell" 5. Developer shall enter into a standard secured subdivision improvement agreement guaranteeing construction of the required public improvement. 6. Developer shall enter into an agreement with the City guaranteeing participation in the construction of a grade sepa- ration structure across the A.T.&S.F. R.R. approaches thereto, similar to the existing agreement dated July 7, 1970 between the City and H.B. Development (the previous land owner and applicant). 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City •"•4 Planning Commission held on the 24th day of April, 1973, by the following vote, to wit; AYES: Commissioners Little, Forman, Norman & Palmateer 171 NOES: None Tfi I•L0 ABSENT: Commissioners Dominguez, Dewhurst and Jose. 19" 20 21 22 23 24 25 26 ATTEST: 27 28 29 ROBERT T. LITTLE, Chairman Pro-Tempore DONALD A. AGATEP, Secretary 31 32 -2- CITY OF CARLSBAD ENVIRONMENTAL IMPACT REPORT FOR CASAS DE LAS POINSETTIAS April 24, 1973 TO: PLANNING COMMISSION SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT No. 136 BACKGROUND INFORMATION: The City of Carlsbad established the Planned Community on the subject property in December 18, 1969 , by City Council Resolution No. and Planning Commission Resolution No. 1670. The application was submitted by the H.B. Development Corp., and has subsequently been purchased by the Occidental Petroleum Land and Development Corporation. FINAL REPORT; 1. Project Description The concept employed by the original applicant was to create a medium density (10 d.u./ac.) residential development which would employ the design concepts of the Planned Community Zone. Included within the 368 acre development is provision for multiple family (condominiums), single family (townhouses), mobile homes, adjacent community level commercial facilities, recreation, and school sites. Casas de las Ppinsettias is adhering to the adopted design concepts and has recently completed the 1st phase of a mobile home park (Lake Shore Gardens). Additional information on the project is contained on pages 1-7 of the subject draft environmental impact report. 2. Environmental Setting Without the Project The information contained in the draft EIR provides an adequate description of the present environmental setting for the purposes of this report. (See Pgs. 10-15 of the draft EIR.) 3. Identify Environmental Impacts The draft EIR (Pg. 16) has identified the major impacts of the proposed action. However, any discussion of potential economic Final EIR/Poinsettias ^ April 19, '973 Page 2 impacts is left completely to one's imagination. The report states that the subject property is conducive to agriculture,specifically to flower cultivation. The implication that the proposed development "constitutes a useful and desireable application of land use" for the site since the site was 1imi ted to serve only as a flower field in the past. The requirements on public service, commercial service and pro- fessional/personal service are nil until the land is used for resi- dential purposes. The location of the site is approximately 2.5 miles from the nearest available service area. Therefore, service provisions are dependent upon when the community center facilities can be con- structed proportionate to the development of residential units. Occi- dental Petroleum is constructing sewer, water, storm drain and circu- lation facilities concurrently with development. Expenditure of public monies then will be minimal. Occidental, as part of the Master Plan, is also making provision for school sites, but not for facility construction. An expenditure of public funds then would be required. The Carlsbad Unified School District does not have, at the present time, the ability to construct facilities. Economic considerations, therefore, were not considered in depth, but it can be assumed that the economic impact of any development will be substantial, especially if the area to be developed does not currently have the facilities to satisfy the public service demand. Agricultural land uses have minimal service demands. On the other hand, assessment practices place a value on land which is disproportionate to the ability of the property to generate income. In this instance, the zone (P-C) is currently given to the 'property available for development, and therefore, value (taxes) com- pared to income (agriculture) is disproportionate and the pressure of development is high. Premature development may then occur because of land value forcing development without necessary public facilities being available simultaneously. A potential mitigation of the fore- mentioned disparity would be the use of the "Williamson Act" (Agri- cultural Preserve) or Open Space and Agricultural Zoning Districts. The City does not currently have provisions to use these alternatives but .they are scheduled to be included as part of the Open Space and Con- servation Element of the General Plan. By using these tools, the assessment of land value then must, by State Law, be based upon the ability of land to generate income under reasonable restriction. 4. Alternatives to the Proposed Action The draft EIR (Pgs. 29-30) proposed several alternatives which are viable. The previous discussion of mitigation which identifies another alternative, that of agricultural zoning, etc. 5. The Relationship Between Local Short-term Uses and the Maintenance and Enhancement of Long-term Environmental Productivity The absolute relationship is one of economic cost in terms of public service and facility (long-term) as opposed to gain if achieved by development (short-term). Additional relationships are developed by the draft report on Pg. 31. 't71nal EIR/Po1ns6+.ti*$ ^ April 19, 197? Page 3 W If development occurrs without substantial consideration for the preservation of the natural or man induced (agricultural) resources, the absolute choice of alternative courses of action by future gen- erations would be reduced. 6. Irreversible Environmental Changes Which Would Be Involved in the Proposed Action Should It Be Implemented. Ref. Pg. 31 of draft EIR. 7. Growth Inducing Impacts of the Proposed Activity Upon the Neighborhood and/or Community The report states the activity will "enhance economic activity" and "create and expand existing markets." is an economic determinant. This "bigger-better" theory is not realistic, especially if it places disproportionate demands on service capacities, or forces land values to demand development of rural areas. Additional discussion occurrs on Pg. 21 of the draft EIR. 8. Agencies and Persons Consulted The following agencies and persons were invited to review and comment of the draft EIR. Their comments are included for your review. 1. Mr. Philip Stanbro (Environmental Consultant) 2. U.S. Army Corps of Engineers - South Pacific Division Mr. Levenson and Mr. Speer 3. County of San Diego Snaitation & Flood Control District 4. San Diego Comprehensive Planning Organization (CPO) 5. Integrated Regional Environmental Management Project (IREM) CONCLUSIONS: The Draft EIR is adequate and satisfies the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972. The inclusion of this analysis constitutes the Final EIR. Understanding that this report addresses the entire 368 acre project in general terms, additional information will be necessary to adequately assess individual projects and their impacts. As each phase of the project is submitted to the City, specific considerations will be given to schools, public services, design, etc. as they relate to this Final Environmental Impact Report. A. AGATEP," \ N Planning Director \ CARLSBAD PLANNING DEPARTMENT ANALYSIS FOR APRIL 24, 1973 TO: PLANNING COMMISSION TENTATIVE TRACT MAP CASE NO. CT 71-2 DESCRIPTION OF APPLICATION; * The applicants (OCCIDENTAL PETROLEUM LAND & DEVELOPMENT CO.) are requesting approval of a six-lot subdivision to allow development of a planned community mobile home park, freeway service facility, service station commercial cluster and community shopping center, on 163 acres located on the west side of the San Diego Freeway, north and south of Poinsettia Lane. This request is for extension of the Tentative Map which expired on September 21, 1972. (City Council Resolution No. 1892 of September 21, 1971, approved the original Tentative Map request). DESCRIPTION OF PROJECT: The subject tentative map is a portion of the H.B. Development Specific Plan adopted by the City Council and Planning Commission on January 6, 1970. ZONING AND GENERAL PLAN; 1* Zoning - Existing: R-l-10,000 and C-2 S.P. (C.U.P. recommended on R-l part) Proposed: R-l-10,000 and C-2 S.P. " Adjacent: North - R-l-10,000 and P-C East - P-C South - County R-4 and A-l(8) West - P-C 2. General Plan; On December 18, 1969, Resolution No. l6?0 was adopted by the City Council which amended the General Plan. ' The area in the Northwest quadrant marked C-2 was changed to highway related use. The area in the Southwest quadrant marked C-2 was changed to community commercial. The area in the Southwest quadrant marked C-2 was changed to highway related and neighborhood use. The area in the northwest and southwest quadrants of said interchange marked C.U.P. are changed to allow eight dwelling units per net acre for a mobile home park. ENVIRONMENTAL IMPACT CONSIDERATIONS; The Planning Director found that this development might have a significant environmental impact and a final Environmental Impact Report (attached) was prepared as required by the Carlsbad Environmental Protection Ordinance of 1972. vj' TJL—<. Page 2 C . 0 RECOMMENDATION; The staff recommends that this Tentative Map, Carlsbad Tract 71-2, be approved for the following reasons: 1. The tentative map is in conformance with the H.B. Specific Plan adopted by the City Council on January 6, 1970. 2. The tentative map is in keeping with the adopted General Plan. Further, staff recommends approval of the tentative map subject to the fulfillment of the following conditions: CONDITIONS OF APPROVAL; i 1. That all improvements be constructed as required by ordinance and the City Engineer. 2. That the alignment of Poinsettia Lane easterly of Avenida Encinas be revised subject to the approval of the City Engineer, as necessary to conform with the alignment of the future bridge. 3. Development shall conform with the requirements of the approved specific plan adopted by the City Council on January 6, 1970. 4. Street lights along Poinsettia Lane shall be "Mission Bell" style. 5. Developer shall enter into a standard secured subdivision improvement agreement guaranteeing construction of the required public improvement. <C& SANDRA L. LUCKI, Jr. Planner*^ AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) <.<. CITY OF CARLSBAD ) ^ , (I, We)' /6M., being duly sworn (Name) depose and declare to the best of (my,our) going is true and correct under the penalty of purjury: knowledge that the fore- -3- EXECUTED AT NEWPORT BEACH [City" DATE FEBRUARY 15, 1973 OWNER AND/OR OWNER'S AUTHORIZED AGENT: CALIFORNIA (State^ K. M. WASMANN OCCIDENTAL PETROLEUM LAND AND DEVELOPMENT CORPORATIONi ^ ,„,. :: ^^ NM Signature) P. O. Box B 'dMi (Mailing Address) Newport Beach, California 92660 (City and State] (Area Code) 714/540-2550 (Telephone Number] SUBSCRIBED AND SWORN TO BEFORE ME THIS 15th DAY OF 1973 o< COCO "" OSs Mu. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 - < - 11o .5 -i JL /5 S £ s a i nUJ Z CM << J.Ou S= - mZ P . co O O 20 21 22 23 24 25 26 27 28 30 31 32 RESOLUTION NO. 3130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TENTATIVE MAP (CT 71-2) FOR DEVELOPMENT OF A PLANNED COMMUNITY MOBILE HOME PARK, FREEWAY SERVICE FACILITY, SERVICE STATION COMMERCIAL CLUSTER AND COMMUNITY SHOPPING CENTER, ON 163 ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF SAN DIEGO FREEWAY, NORTH AND SOUTH OF POINSETTIA LANE. (OCCIDENTAL PETROLEUM) WHEREAS, on the 24th day of April, 1973, the Carlsbad City Planning Commission adopted Resolution No. 893, recommending to the City Council that Tentative Subdivision Map (CT 71-2) be conditionally approved; and WHEREAS, the City Council of the City of Carlsbad, on the 15th day of May , 1973, considered the recommendation of the Planning Commission; and WHEREAS, said Tentative Map has complied with the requirements of the "City of Carlsbad Environmental Protection Ordinance of 1972", and an Environmental Impact Report was filed and discussed at a duly noticed public hearing held by the Planning Commission on April 24, 1973, and was approved as presented; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, that Tentative Map CT 71-2, is hereby approved, subject to the execution and/or fulfillment of the following conditions: 1. That all improvements be constructed as required by Ordinance and the City Engineer. 2. That the alignment of Poinsettia Lane easterly of Avenida Encinas be revised subject to the approval of the City Engineer as necessary to conform with the alignment of the future bridge. 3. Development shall conform with the requirements of the proposed Master Plan adopted by the City Council on January 6, 1970. 1. O DC < ~> 0 OULQ O z O O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5«B 17 §< 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 4. Street lights along Poinsettia Lane shall be "Mission Bell" style. 5. Developer shall enter into a standard secured subdivision improvement agreement guaranteeing construction of the required public improvement. 6. Developer shall enter into an agreement with the City guaranteeing participation in the construction of a grade separation structure across the A.T.&S.F. R.R. approaches thereto, similar to the existing agreement dated July 7, 1970 between the City and H.B. Development (the previous land owner and applicant). PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the ISthday of May , 1973, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee. NOES: None. ABSENT: None. DAVID M. DUNNE, Mayor ATTEST: MAR/GARp E. ADAMS,I City Clerk (seal) 2.