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HomeMy WebLinkAbout1983-03-01; City Council; 7302; ZC & specific Plan for 96.6 Acres South of HWY 78CARLSBAD - AGEND/QlLL 113 MTn 3/1/83 j TITLE: ZONE CHANGE AND SPECIFIC PLAN FOR 96.6 ACRES, SOUTH SIDE OF HIGHWAY 78. SOUTHERS - ZC-264/SP-185 oCX.Q_ Q_ Ozaoo RECOMMENDED ACTION: Both the Planning Commission and the staff recommend that the City Council APPROVE these applications by introducing Ordinances 3. and q 6> 7 3 . ITEM EXPLANATION: In 1982, the City Council approved a General Plan Amendment creating a Combination District comprised of the 0 (Office),,TS (Travel Service) and OS (Open Space) designations on 96.6 acres located on the south side of Highway 78 approximately .5 miles east of El Camino Real (see attached location map). The proposed zone change provides zoning consistent with the General Plan. The specific- pMn, a requirement of the Combination District, provides standards for development of the property and for the protection of Buena Vista Creek. Two aspects of the project are unique. The first aspect is regarding circulation. The City Council, through a Circulation Committee, is studying arterial streets in Carlsbad. One of the major issues before the Committee is whether or not Rancho del Oro Drive (see Exhibit "A") should interchange with Highway 78 and connect with Marron Road in Carlsbad. Since it is not known at this time what will happen regarding Rancho del Oro, the specific plan provides three alternatives which are summarized below: a) If the City's Circulation Map is amended the developer may construct Rancho del Oro to Marron Road as an arterial and develop Areas D and E (northeast area of property, see Exhibit "A") as Commercial Tourist (CT). b) If Cal Trans allows an interchange at Highway 78 and Rancho del Oro but the City does not amend the Circulation Map then Rancho del Oro can be extended as a cul-de-sac from Highway 78 to service Areas D and E as Commercial Tourist (CT). c) If no interchange is approved and the City does not amend the Circulation Map then Marron Road must be extended to College before development can occur in Area D. Development of Area D would be for office use and no development would be permitted in Area E under this alternative. The second unique aspect of the project is the use of dual zoning (two zones placed on a single area) in the northeastern portion of the property. Because Areas D and E are heavily related to the Rancho del Oro arterial proposed to intersect Marron Road at the southeastern end of the subject property, dual zoning is being proposed for these areas. The zoning for these areas would be tied to alternatives outlined in the circulation section of the specific plan. When the City Council decides the circulation for this area, the appropriate alternative will automatically go ' < * i *' f PAGE 2 6£ AG^DA BILL f 7302. into effect. However, under any of the alternatives, access to Area E will require further approval by the City Engineer. For further information, please see the attached staff report to the Planning Commission. ENVIRONMENTAL REVIEW; An Environmental Impact Report was certified for this project by the City Council on November 16, 1982. FISCAL IMPACT; There will be no direct fiscal impact on the City. The applicant has agreed to pay public facilities fee to offset the costs of providing public services needed in addition to those improve- ments required of the developer as part of this project. EXHIBITS; 1 . Exhibit A to Agenda Bill 2. Ordinances G "1 ZL and °l Ce "~ 3 3. Exhibit A to Ordinance (SP-185) 4. Planning Commission Resolutions 2079 and 2080 5. Planning Commission Staff Report w/attachments » /' > EXHIBIT A TO AGENDA BILL ro eun / (NOT A THIS ZONING O-S C-T R-P CT/RP (Q) Open Space Commerciai Tourist X Residential Professional* / °"s Commercial Tourist/ X Residential Professional Qualified OveHay Zone 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 ORDINANCE NO.9672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF' THE CARLSBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP TO GRANT A CHANGE OF ZONE FROM R-1-10,000 TO CT(Q), R-P(Q) AND OS ON PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 APPROXIMATELY .5 MILE EAST OF EL CAMINO REAL. SOUTHERS; ZC-264 The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code is amended by the amendment of the zoning map to grant a change of zone (ZC-264) from R-1-10,000 to CT(Q), R-P(Q) and OS on property as shown on the map marked ZC-264 - Exhibit A, attached hereto and made a part hereof. SECTION 2: This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated August 29, 1979 and amended on April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated October 16, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as 'promised, this application will not be consistent with the General Plan and approval for this project shall be void. Said fees shall be paid based on the April 2, 1982 version of Policy No. 17. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. o INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of March, 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of March, 1983, by the following vote, to wit: AYES: Council Mentoers Casler, Lewis, Kulchin, Chick and Prescott 8 NOES: None 9 ABSENT: None 10 MARY H. QASLER, Mayor 12 ATTEST:13 14 ALETHA L. RAUTENKRANZ, City C\erk15 ... 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I CO £ a O 2 . • : V * • ' > ' .» 1 ' ORDINANCE NO. 9673 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A SPECIFIC PLAN 3 (SP-185) FOR A COMBINATION DISTRICT ( TS , 0, OS) ON 96.6 ACRES LOCATED ON THE SOUTH SIDE OF 4 HIGHWAY 78 APPROXIMATELY .5 MILE EAST OF EL CAMINO REAL. 5 SOUTHERS; SP-185 _ 6 WHEREAS, the City Council of the City of Carlsbad, 7 California, has reviewed and considered a specific plan for a 8 Combination District (TS, 0, OS) on 96.6 acres; and 9 WHEREAS, after procedures in accordance with the 10 requirements of law the City Council has determined that the public 11 interest indicates that said plan be approved. 12 NOW, THEREFORE, the City Council of the City of Carlsbad 13 does ordain as follows: 14 SECTION 1: That specific plan (SP-185) as shown on 15 Exhibit "T" along with the development standards contained in 16 Exhibit "A" dated March 1, 1983, attached hereto and made a part 17 hereof is hereby approved. 18 EFFECTIVE DATE: This ordinance shall be effective thirty 19 days after its adoption, and the City Clerk shall certify to the 20 adoption of this ordinance and cause it to be published at least 21 once in the Carlsbad Journal within fifteen days after its 22 adoption. 23 INTRODUCED AND FIRST READ at a regular meeting of the 24 Carlsbad City Council held on the 1st day of March, 1983, by the 25 following vote to wit: 26 //// 27 //// 28 //// 7 1 INTRODUCED AND FIRST READ at a regular meeting of the P* Carlsbad City Council held on the 1st day of March, 1983, and 5 thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of March, 1983, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott 8 NOES: None 9 ABSENT: None 10 C^# / •• •• I V^*CA~**^**-~~7 P~£ •* 17 18 19 20 21 22 23 24 25 26 27 28 MARY H. 9ASLER, Mayor 12 _, ATTEST:JLo 14 15 ALETHA L. RAUTENKRANZ, City Cltjrk (SEAL) .2 c EXHIBIT T 3/1/83 Freeway Arterial 100 ft.ROW Arterial/Collector 84 ft. ROW — Extention of Rancho del Oro 1":2000* EXHIBIT A MARCH 1, 1983 SPECIFIC PLAN 185 BUENA VISTA PARK PLAZA CARLSBAD, CALIFORNIA PREPARED BY; LIGHTFOOT & ASSOCIATES Louis Lightfoot Ride Rosaler CITY STAFF Michael J. Holzmiller, Land Use Planning Manager Charles D. Griitm, Project Coordinator 'FEBRUARY, 1983 e PURPOSE The purpose of the Buena Vista Park Plaza Specific Plan is to provide for a planned office and travel service development that is sensitive to the adjacent Buena Vista Creek, the existing riparian habitat, and compatible with surround- ing land uses. The Specific Plan is a tool to implement the goals and objec- tives of the City of Carlsbad General Plan. The Open Space and Conservation Elements of the General Plan indicate the City's desire to preserve creek and riparian areas in a natural condition. This Specific Plan provides the additional development regulations necessary to insure a quality development that preserves the riparian habitat, minimizes the effects of development on the Buena Vista Creek and Lagoon, and is visually attractive from Highway 78 and surrounding properties. PROPERTY DESCRIPTION AND LOCATION The Buena Vista Park Plaza is located on 96.68 acres in the City of Carlsbad on the south side of Highway 78 between the east and west cul-de-sacs of Haymar Drive. Map one indicates the property's location. The property is specifically identified by the San Diego County Assessor's Parcel Number 167- 040-24. The property is unique because of its location, physical features, con- straints and opportunities. The property includes the wide valley bottom of the Buena Vista Creek and rolling hillsides to the south. GENERAL PLAN AND ZONING DESIGNATIONS The General Plan designation for the subject property is a combination dis- trict that contains Open Space, Travel Service Commercial, and Professional and Related Commercial land use designations. This Specific Plan determines the location and area of those designations. The Circulation Element indicates Marron Road as a secondary arterial with an 84- foot right-of-way running east/west through the Specific Plan. This plan also allows the flexibility to connect the Rancho del Oro interchange at Highway 78 with Marron Road by an 84-foot road if the Circulation Element is amended to reflect that change. • • n BUENA VISTA PARK PLAZA Location Map 10 mi. LIQHTFOOT U ASSOCIATES Map 1 The zoning classification for the creek and riparian habitat is Open Space (0-S). The R-P zone is the consistent zone for the Professional category, and the Commercial-Tourist zone implements the Travel Service General Plan desig- nation. Map two indicates the existing General Plan and zoning designations. Each of these zones needs additional standards due to the unique features of the property and the City zoning ordinance. For instance, while the Open Space zone would conserve the valley bottom, the zone still could allow a certain amount of development for such buildings as club houses, riding stables or other outdoor recreational uses. The R-P zone, while the most compatible zone with the Pro- fessional Related Commercial General Plan designation, allows residential uses at the R-3 density. Hie Specific Plan further regulates the land uses and development standards to provide a development more consistent with the City's goals. Furthermore, dual zoning pursuant to Section 21.05.095 of the Carlsbad Municipal Code will be utilized on areas D (CT-RP) and E (CT-OS). Actual land use and zoning will be tied to circulation alternatives. GENERAL DEVELOPMENT CONCEPT The Specific Plan identifies and defines the land uses that will be per- mitted on the property in accordance with the General Plan and Zoning regul- ations. It provides standards and criteria for the development of the office and commercial tourist area, and a management plan for the preservation of the riparian habitat. Landscaping criteria, signs, setbacks, height, parking regu- lations and project phasing are all addressed within the context of the Specific Plan. TABLE ONE LAND USE SUMMARY. Residential Professional 18.20 Acres Commercial Tourist *17.95 Acres Open Space Riparian Preserve 29.22 Acres Natural Slopes 17.43 Acres Transitional Slope Landscaping 3.93 Acres TOTAL OPEN SPACE 50.. 58 Acres Circulation ' 9.95 Acres TOTAL LAND USE 96.68 Acres * Table is based on Alternative "a" in the Circulation Section. Land use acreage could change in Areas D & E depending on circulation. -2- ,3 BUENA VISTA PARK PLAZA GENERAL PLAN & ZONE DESIGNATION Combination District GENERAL PLAN Combination District • Travel Service Professional Open Space TO euM Av£(NOTA ZONING O-S Open Space C-T Commercial Tourist ^» R-P Residential ProfesstonaN / °"s CT/RP Commercial Tourist / 'X Residential Professional (Q) Qualified Overlay Zone LIGHTFOOT O ASSOCIATES CIRCUIATION AND PHASING The existing circulation network for the subject property consists of the Haymar Road cul-de-sac at the northwest corner of the property. Due to the existing congestion on El Camino Real at the freeway interchange, Haymar Road is not feasible to use as an access. Haymar Road remains as a cul-de-sac at the edge of the riparian habitat on the Specific Plan. The City's Circulation Element indicates Marron Road will run east-west across the property connecting El Camino Real with College Boulevard. The easterly connection probably will not occur until some time in the future due to the existing surface mine operation east of the property. Marron Road will con- nect the property to El Camino Real with the first phase of the project. The Specific Plan will be developed in two phases. Each phase is dependent on the completion of street and other public improvements required to service the proposed land uses in that phase by the developer. Phase one includes Area A, B and C (see Land Use Map, Exhibit A) with access from the extension of Marron Road. Phase one would also include on and off-site improvements as described in the Phase I improvements below. Phase I Circulation Improvements; 1) Prior to any occupancy of Areas B & C the developer shall fully improve Marron Road from the existing stub at Avenida Anita to the end of the pro- posed cul-de-sac which separates Areas A & B. The cul-de-sac shall be fully improved prior to any occupancy of Area B. 2) Prior to any occupancy in Area A the developer shall fully improve Marron Road adjacent to Area A in conjunction with adjacent development. 3) Prior to any occupancy in Phase I, the developer shall construct a raised median on Marron Road between El Camino Real and the most easterly drive- ways of the commercial area just east of El Camino Real (Vons & Handyman Centers) in a manner acceptable to the City Engineer. 4) Prior to any occupancy in Phase If the developer shall improve the inter- section of Marron Road and El Camino Real by providing a right-turn and left-turn lane on Marron Road to the satisfaction of the City Engineer. -3- BUENA VISTA PARK PLAZA CIRCULATION ELEMENT Oceanside occl I S l oiO/ '/ SP 185 SUBJECT PROPERTY I ;I/ 7 -^ MarroU Freeway Arterial 100 ft.ROW Arterial/Collector 84 ft. ROWExtention of Rancho del Oro 1":2000' LIGHJFOOT & ASSOCIATES L*MI> UM 1 ••iri»inrntm»TiiiTi IMUMII AMIMCAKHMTirulf W CMTIf Map 3It* Phase two development will include Areas D and E, as shown on Exhibit Af land use map. Prior to occupancy being granted to any development in Area D, Matron Road will be extended to the easterly boundary of the Specific Plan as described in Phase II improvements below. Phase II Circulation Improvements: 1) Prior to any occupancy of Area D, the developer shall fully improve Marron Road to the project's eastern property line. 2) The appropriate alternative out of the following three alternatives will be implemented regarding circulation in Phase II: a) If the City's Circulation Element is amended to include Rancho del Oro, and the interchange with ramps is approved at the intersection of High- way 78 and Rancho del Oro Drive by Cal Trans, the developer shall fully improve Rancho del Oro to secondary arterial standards from Marron Road, north to Highway 78, including freeway ramps, prior to occupancy of Areas D & E. Public transportation funds may also be utilized by the developer, if available. Under this alternative, Areas D and E will be developed pursuant to the Commercial Tourist Zone. Access to Area E must be determined to be non-hazardous by the City Engineer or no development can occur and Area E would remain as open space.* b) If the Rancho del Oro/Highway 78 interchange is approved, but the City's Circulation Element is not amended to include Rancho del Oro Drive, the developer may construct a local street connection from Rancho del Oro Drive at Highway 78, including ramp construction, south- ward ending in a cul-de-sac to the north of Marron Road, to service Areas D and E. Under this alternative, Areas D and E will be developed as Commercial Tourist (C-T) uses. Access to Area E must be determined to be non-hazardous by the City Engineer or no development can occur with Area E remaining as open space.* *Currently no alignments for Rancho del Oro Drive or the interchange ramps at Highway 78 have been established. As a result, the feasibility of developing Area E is not known. Development of this area could result in a hazardous traf- fic problem. No vested development rights for Area E are established by this plan. The burden of proof lies with the developer to prove to the City Engineer's satisfaction that Area E can be safely accessed before a site devel- opment plan can be submitted for this area. If access is not approved by the City Engineer, this area will remain as open space. -4- /7 c) If Cal trans fails to approve the interchange at Highway 78 to Marron Road through Rancho del Oro Drive, no development may occur in Area D until Marron Road has at a minimum two-lane (28 feet of pavement, 30 feet of right-of-way) street improvements to College Boulevard. Older this alternative, Area D will be developed Residential Professional (R-P) and no development will occur in Area E. Ifo development will occur in Areas D and E until one of these three alter- natives is implemented. The improvements required to implement these alternatives shall be installed prior to occupancy being granted to any development in Areas D and E. PERMITTED USES The following uses are allowed in each of the respective areas. Uses requiring a Conditional Use Permit such as service stations or drive-thru restaurants are required to obtain those permits under the normal Conditional Use Permit procedure. AREAS A, B AND C OFFICE PROFESSIONAL Areas A, B and C (and D if Alternative 'c1 is selected under "Circulation and Phasing") are designated for office type uses for administrative and pro- fessional activities. The implementing zone is R-P, which is consistent with the Office and Related Commercial designation in the General Plan combination district on the subject property. Area A is located on the south side of Marron Road and is 15.39 acres in size. Area B is also located on the south side of Marron Road and is 2.19 acres. Both Areas A and B are served by the short cul- de-sac shown on the Specific Plan Map. These two areas will provide for office structures that will not exceed the height of the adjacent hill or the Zoning Ordinance. Area C is located on .62 of an acre north of Marron Road. Buildings in these three areas will be limited to 35. feet in height. Tflie land use category is intended to provide buildings for large office space users. The uses allowed in this designation are for business and pro- -5- fessional offices, including supporting commercial facilities. Supporting commercial facilities are activities whose main business is servicing the other major office users in the project. The following uses are permitted in Areas A, B and C: 1. Administrative and executive offices 2. Accountant and attorney offices 3. Clinic, medical and dental, including incidental laboratories and pharmacies 4. Engineers, architects and planners 5. Finance, insurance and real estate services 6. Business services (i.e., temporary employment agencies) 7. Professional services (i.e., public relations firms) 8. Government services 9. Schools for business, vocational and professional training 10. Accessory uses related to serving the other office uses such as food service and eating facilities, and stationery stores, copying services, and computer-related services as approved by the Land Use Planning Manager. AREAS D AND E COMMERCIAL TOURIST Area D (and E, if access is approved) are intended to provide for a motel or hotel complex with quality restaurant facilities and other tourist-oriented businesses. Area D is the main TS site containing 15.95 acres located on the northwest corner of Marron Road and Rancho del Oro Drive. The other TS site is Area E on the two acres adjacent to the freeway at Rancho del Oro Drive. Any development in Area E shall be limited only to right turns on Rancho del Oro Drive. The following uses are permitted in Areas D and E: ... 1. Hotel 2. Motel 3. Restaurants - drive-thru with Conditional Use Permit 4. Service stations - with Conditional Use Permit -6- e The following accessory uses are permitted provided the accessory use is an integral part of a permitted use and located in the same structure or parcel of land: 1. Apparel shop 2. Beauty and barber shop 3. Florist shop 4. Gift store 5. Health club 6. Travel agencies OPEN SPACE Three open space designations are proposed in the Specific Plan due to the nature of the areas to remain open. Each area has a unique situation requiring a different set of standards. Riparian Preserve This 29 acre area is the most significant of the open space categories. The designation iis intended to preserve the existing woodland habitat in the valley bottom. No development will be permitted, and the area will remain in a natural condition. The preserve will function as a natural desilting basin for the lagoon and, as such, needs not only to be left in a natural state, but also needs the protection described in the Buena Vista Creek management plan. Natural Slopes Due to the topography of the Specific Plan area, certain portions of the site are not feasible to develop and will remain in a natural condition. To provide harmony between the building sites and the natural slopes, a buffer area of non-indigenous plants on the natural slope may be landscaped for erosion control and fire prevention measures. This buffer area will be determined by the landscape architect based on soil and slope conditions at each specific location and approved by the Parks and Recreation Director. The natural slope areas occur along the hillslide south of Marron Poad. There are 17.43 acres of slopes to remain in a natural or buffered condition. Transitional Slope Landscaping Because of the grading that will occur adjacent to the creek and hillside areas, the Specific Plan provides for transitional landscaping of the graded slopes from the woodland and hillside habitats to the ornamental landscaping of the building sites. Species of trees, shrubs and ground cover will be selected that are compatible with woodland and hillside habitat. There are 3.93 acres of transition slopes throughout the project. This land use category will be coor- dinated with the management plan to protect the woodland and hillside areas. Erosion control techniques in the Buena Vista Creek management plan are an in- tegral part of this land use category. These techniques will be implemented on the transitional slopes when construction occurs on the development areas adjacent to them. The landscaping plan for each of the development areas shall address the adjacent slopes. -8- J »r To insure a quality development of the Specific Plan, the following dev- elopment standards shall apply to all development within the plan. The stan- dards are designed to accomplish an office and hotel development in a park atmosphere. Front setbacks are larger than normal and landscaped. Signs are limited to enhance the park atmosphere, but provide for easy location of business in the Specific Plan. The development standards apply to all buildings within the Specific Plan. In addition, all development shall comply with other applicable codes and ordinances of the City of Carlsbad. Minor deviation or interpretation of the Specific Plan may be made by the Land Use Planning Manager so long as the intent of the Specific Plan is adhered to. The Land Use Planning Manager's decisions may be appealed or referred to the Planning Commission for clarification. SITE DEVELOPMENT PLAN The underlying zoning contains the Qualified-Overlay Zone (Q) which requires a site development plan. A site development plan will be required for each sub- area (A, B, C, D and E), or if the property is further subdivided or phased, for each separate property or phase. All site development plans shall conform to a uniform, harmonious architectural theme approved by the Land Use Planning Manager upon the submittal of the first site development plan in the Specific Plan area. SETBACKS All buildings shall maintain a 40-foot setback from Marron Road and Rancho del Oro Drive. Setbacks on all other streets shall be 30 feet. Parking areas are allowed in the front setback, provided a 20-foot landscaped setback is main- tained from the public right-of-way. This landscaped setback shall contain mounds and other landscape features to screen the parking areas from view on the adjacent public street. Nothing shall be allowed in this front setback except landscaping, driveways and approved signs. -9- cc PARKING Areas A, B and C Office Professional Off-street parking spaces shall be provided at a ratio of one space for every 300 square feet of gross building area. Except that medical and dental offices shall be required to provide one space for every 200 square feet of office area. Accessory commercial uses shall provide one space for every 200 square feet of building floor area. Areas D and E Travel Service Off-street parking spaces shall be provided at the following ratio: Hotel/Motel - one space for every guest room and one additional space for each 10 units. Restaurant - One space for every 100 square feet of building area - one for every 50 sq.ft., after 4,000 sq.ft., of building area. Service Station - Six spaces BUILDING HEIGHT Areas A, B and C All buildings within Areas A, B and C shall be limited to 35 feet in height. If the zoning ordinance is amended to reflect a greater height in the RrP zone, Areas A and B may utilize this new height limit. All buildings within the Travel Service area shall be limited to 35 feet. STORAGE No outdoor storage shall be permitted within the boundaries of the Specific Plan. -10- 0 3 MECHANICAL EQUIPMENT Roof-mounted mechanical equipment (including, but not limited to, air con- ditioners, ducts, piping, heating or ventilating equipment) shall be screened from view from the freeway, adjacent streets, and from nearby properties. REFUSE COLLECTION AREAS All outdoor refuse collection areas shall be completely enclosed by a dec- orative block wall six feet in height with wood or metal gates. Trash enclosures shall be screened from the public right-of-way. LANDSCAPING 1. Each building site within the Specific Plan shall be landscaped with a combination of trees, shrubs and ground cover, and shall be permanently irrigated in conjunction with a landscape plan to be approved by the Director of Parks and Recreation. The 20-foot setback for parking in the front yard shall be landscaped with an undulating berm to screen the parking area from the public right-of-way. 2. A minimum of 10% of each outdoor parking area shall be landscaped. Landscaping shall be reasonably distributed throughout the parking area and shall contain one 15-gallon tree for every 20 spaces. 3. All landscaping and irrigation shall be installed by the developer prior to issuance of occupancy, and maintenance shall be insured by enforcement of the C.C.&R's or, if approved by the City Council, a maintenance district. 4. Natural slope area of the Specific Plan may remain in a natural con- dition or planted in compatible species and irrigated if required by the City Engineer or Director of Parks and Recreation. 5. Transitional slope areas shall be landscaped with species of trees, shrubs and ground cover compatible with the adjacent nature area and permanently irrigated, as determined by the Parks and Recreation Director. -11- ay 6. Entryway landscaping features, including signs and landscaping, may be applied to all entries into the Specific Plan. Detailed entryway plans shall be approved by the Land Use Planning Manager prior to issuance of sign permits for the entryway. 7. A detailed landscaping plan for the natural slopes and transitional slopes shall be approved by the City Engineer and Parks and Recreation Director prior to issuance of building permits for the adjacent dev- elopment area. This plan shall be compatible with the Buena Vista Creek management plan. SIGNS A sign program for the Specific Plan shall be approved by the Land Use Planning Manager to insure all signs are related to their surroundings in terms of size, shape, color, material, and lighting. The following type of signs are permitted within the Specific Plan: 1. One monument sign for each Area (A, B, C, D & E) not to exceed 60 square feet and a maximum length of 10 feet and height of 5 feet. 2. One freeway oriented sign pursuant to Section 21.41.030(6) and 21.41.070(3) of the zoning ordinance. 3. All other signs will be approved at the time of approval for the site development plans. -12- cC BUENA VISTA CREEK MANAGEMENT PLAN The Riparian Preserve classification on the Specific Plan is proposed to remain in a natural condition in order to function as a sediment absorbing basin for the Buena Vista Lagoon. The preserve area is designated for the Buena Vista Creek and adjacent riparian habitat. To protect this riparian habitat, the following management plan is proposed for the Specific Plan. The management plan has one objective to minimize alteration of the riparian habitat. To accomplish that objective, the plan deals with two issues: (1) creekbed owner- ship, and (2) erosion control plan. OWNERSHIP The preserve area will remain in private ownership and an open space easement will be granted to the City of Carlsbad. EROSION CONTROL PLAN To protect the Riparian Preserve, a comprehensive erosion and sedimentation control program shall be implemented by the developer during construction. Watershed management techniques and other appropriate measures listed in the Erosion and Sediment Control Handbook of the California Department of Conser- vation were used in developing the following erosion control plan. A detailed program will be submitted to the City Engineer and the Land Use Planning Manager by the developer to implement the following measures listed in this plan prior to grading. VEGETATION Protection of Existing Vegetation The existing riparian woodland habitat shall remain in its existing con- dition. Fill slopes and their compaction will respect the root zone of the existing willows in the valley bottom. The landscape architect and engineer -13- c o shall determine the extent of the zone and design of grading plan to reflect that area. Removal of Existing Vegetation Construction of the Rancho del Oro bridge across the Buena Vista Creek will require removal of the existing vegetation in the immediate vicinity of the bridge. To insure the valley bottom is restored to a condition that will sup- port rehabilitation, the following steps shall be taken. Construction of the bridge shall occur during the nonrainy season. The bridge shall be constructed to allow the maximum amount of light to penetrate the area beneath the structure subject to approval of the City Engineer and Land Use Planning Manager. Construction plans for the bridge shall address type of pilings, the area of vegetation to be removed, and type of equipment to be used during construction. Temporary siltation devices shall be installed during con- struction. Upon completion of the bridge, the siltation devices shall be re- moved, along with trapped sediments, and the valley bottom restored to a con- dition conducive to revegetation. Establishment of New Vegetation Transitional slopes will be hydroseeded and permanently irrigated. Seed mixture, ground preparation, type and quality of mulch and fertilizer shall be addressed in the landscaping plans and specifications, and shall be implemented to the satisfaction of the Parks and Recreation Director. Grading Plan An overall conceptual grading plan shall be prepared by the developer prior to the issuance of a grading permit. The plan shall address cut-and-fill slopes, their location and size and ability to support vegetation. Hydroseeding shall be installed to the satisfaction of the Parks and Recreation Director. Drainage Plan As part of the erosion control plan, an overall drainage plan shall be dev- eloped with protection and control measures for drainageways prior to issuance of grading permits. The drainage plan shall address expected runoff location •3 and size of natural and manmade drainageways. The plan will also address methods to be used to reduce erosion of drainageways, trap sediment, and control runoff. The drainage plan shall be approvoed by the City Engineer. In addition, appropriate recommendations of the Buena Vista Creek watershed enhancement plan being prepared by the State Coastal Conservancy should also be implemented. As a watershed, it will cover areas outside this Specific Plan. However, the long-term health of the Buena Vista Creek and Lagoon is served by a comprehensive approach to streambed management. e MITIGATION MEASURES The following mitigation measures shall control the overall development of the Buena Vista Park Plaza. The developer shall be responsible for implementing these mitigation measures, which are based on the EIR for the project. Grading and Foundation Design A detailed subsurface soil and engineering geology investigation shall be conducted and any mitigation measures shall be incorporated into the design of all buildings in the Specific Plan. Final project grading and drainage facilities shall be reviewed by a licensed soils engineer. Drainage, Erosion and Water Quality The comprehensive erosion control program listed in the management plan shall be implemented by the developer. Bridge construction for Rancho del Oro Drive across the Buena Vista Creek should be conducted during nonrainy seasons. The drainage improvement plan for the Specific Plan area shall consider on- site infiltration as well as infiltration and storage facilities in the collection system. A parking lot cleaning program shall be implemented by the developer or business association to minimize pollutant runoff. Archaeological Resources The Specific Plan places the following archaeological sites in an Open Space category: W-3252, W-3252, W-3253, and SDi 8913. Sites SDi 6139, SDi 8914, and SDi 5651 will be subject to a data recovery program listed in the EIR. Visual Resources The Specific Plan requires special landscaping features in the transitional slopes designation to mitigate any visual impacts occurring from manufactured slopes. -16- e Air Quality During construction, water and other dust palliatives shall be used. The business association shall develop a program to encourage ride-sharing and alternative nodes of transportation. The program should also consider phasing of work shifts and parking incentives for car pools. Water and Energy While adequate water facilities exist, the project should implement avail- able water conservation techniques, including low-flush and self-closing valves on water devices, recirculating systems, low water consuming plants, and per- vious paving materials. Energy conservation measures should be explored for their effectiveness on the project site including active and passive solar and insulation. -17- e CONDITIONS 1) Approval is granted for SP-185 labeled, Exhibit 'A1, dated February 9, 1983, incorporated by reference and on file in the Land Use Planning Office. Development shall occur substantially as shown unless otherwise noted in these conditions. 2) This project is approved upon the express condition that building permits will not be issued for development of the subject property unless the City Engineer determines that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 3) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy NO. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 16, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the general plan and approval for this project shall be void. 4) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance and all other applicable City ordinances in effect at time of building permit issuance. 5) This Specific Plan shall require a full amendment if building permits are not issued for this project within two years from the date of project approval. Extension of one year may be approved by the City Council upon written request of the developer. 6) Water shall be provided by the City of Carlsbad unless some other arrangement is approved by the City Council. Land Use Planning 7) The applicant shall prepare a reproducible mylar of the final specific plan map incorporating the conditions contained herein. Said plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 8) The applicant shall prepare a detailed landscape and irrigation plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 9) All parking lot trees shall be a minimum of 15 gallons in size. 10) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. -18- 3 ( 11) A uniform sign program for this development shall be submitted to the Land Use Planning Manager for his review and approval prior to occupancy of any building. 12) Type and location of trash receptacles shall be approved by the Land Use Planning Manager. 13) The applicant shall submit a street name list consistent with the City's street name policy subject to the Land Use Planning Manager's approval prior to final map approval. 14) The project shall provide bus stop facilities at locations subject to the satisfaction of the North County Transit District. Said facilities shall at a minimum include a bench, free from advertising, and a pole for the bus stop sign. The bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project and said design shall be subject to the approval of the Land Use Planning Manager and North County Transit District. 15) The project shall attempt to develop a ride to work and home program for its employees with the North County Transit District. Furthermore, the project shall attempt to limit the staggering of worker shifts so as to facilitate the success of said program. Engineering 16) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 17) The grading for this project is defined as "controlled grading" by Section 11.06.170(a) of the Carlsbad Municipal Code. Grading shall be performed under the observation of a civil engineer whose responsibility it shall be to coordinate 'site inspection and testing to insure compliance of the work with the approved grading plan, submit required reports to the City Engineer and verify compliance with Chapter 11.06 of the Carlsbad Municipal Code. 18) Upon completion of grading, the developer shall insure that an "as-graded" geologic plan shall be submitted to the City Engineer. The plan shall clearly show all the geology as exposed by the grading operation, all geologic corrective measures as actually constructed and must be based on a contour map which represents both the pre and post site grading. This plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a mylar or similar drafting film and shall become a permanent record. 19) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. 20) Additional drainage easements and drainage structures shall be provided or installed as may be required by the City Engineer. -19- w 21) All land and/or easements required by this project shall be granted to the City, without cost to the City, free and clear of all liens and encumberances prior to the issuance of a building permit within the affected area. 22) The developer shall install street lights along all public and private street frontages in conformance with City of Carlsbad standards. 23) The developer shall install street trees at the equivalent of 40-foot intervals along a1.! public street frontages in conformance with City of Carlsbad standards. The trees shall be of a variety selected from the approved Street Tree List. 24) The developer shall install sidewalks along all public street frontages in conformance with City of Carlsbad standards prior to occupancy of any buildings. 25) The developer shall install a wheelchair ramp at all public street corners abutting the property in conformance with City of Carlsbad standards prior to occupancy of any buildings. 26) The developer shall comply with all the rules, regulations and design requirements of the respective sewer and water agencies regarding services to the project. 27) The developer shall bond for full signal improvements at the future intersections of Rancho del Oro and Marron Road and for the future inter- section of Highwayb 78 (ramps) and Rancho del Oro prior to the granting of any building permits for Areas D or E. - 28) Detailed access to an entire Area (A, B, C, D & E) shall be addressed at the site development plan stage of development. Fire 29) Prior to the issuance of building permits, complete building plans shall be submitted to and approved by the Fire Department. 30) Additional public and/or on site fire hydrants shall be required if deemed necessary by the Fire Marshall. 31) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and on site roads and drives subject to the approval of the Fire Marshall. 32) An all weather access road shall be maintained throughout construction. 33) All required fire hydrants, water mains and appurtenances shall be operational prior to combustible building materials being located on the project site. 34) Adequate emergency vehicle turn-arounds shall be provided by a cul-de-sac or a hammerhead when driveway is more than 150 feet deep from property line at street. « ' t 35) All driveways shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. 36) All private driveways shall be kept clear of parked vehicles at all times, and shall have posted "No Parking/Fire Lane Tow Away Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 37) Fire retardant roofs shall be required on all structures. 38) All fire alarm sy'terns, fire hydrants, extinguishing systems, automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for approval prior to construction. 39) Building exceeding 10,000 sq.ft. aggregate floor area shall be sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. (or less) areas. 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 PLANNING COMMISSION RESOLUTION NO. 2079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM R-1-10,000 TO CT(Q) RP-(Q) AND OS ON PROPERTY GENERALLY ON THE SOUTH SIDE OF HIGHWAY 78 BETWEEN THE TWO HAYMAR DRIVE CUL-DE-SACS. APPLICANT: SOUTHERS CASE NO; ZC-264 WHEREAS, a verified application for certain property, to wit: A portion of Rancho Agua Hedionda, as delineated on Record of Survey Map No. 5342 filed on January 26, 1960, in the City of Carlsbad, County of San Diego, State of California.. 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 9th day of February, 1983, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, i'f any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: (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 ZC-264, based on the following findings and subject to the following conditions: Findings; 1) The proposed change of zone to CT(Q), RP-(Q), and OS is consistent with the General Plan because a combination district comprised of TS, 0 and OS exists on the site. 2) The applicant has agreed and is required by the inclusion of an appropriate condition to pay a public facilities fee. Perform- 2 concurrent with need as required by the General Plan.o 5 3) An EIR for this project was certified for this project by the City Council on November 16, 1982. The EIR identified impacts from the proposed project. These impacts can either be mitigated or overriding considerations exist as described below.6 a. The loss of biologic resources associated with the modified7 project, while significant, are offset by the social and economic benefits of the proposed land uses and circulation system. The proposed land uses are more conducive to 9 10 11 12 b. Potential cumulative significant impacts on air quality are also offset by the benefits of the project as noted above. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ance of that contract and payment of the fee will enable this body to find that public facilities will be available preservation of the habitat areas being retained and elim- inate the potential undesirable living environment caused by traffic noise on Highway 78 and Marron Road. The proposed uses are also less subject to impacts from the existing surface mine located east of the property. Development of office and commercial uses will provide jobs and additional sales tax and property tax to the City. In addition, the location of additional employment and commercial facilities provides a shopping and employment convenience for existing and future residents of the region. The grouping of facilities may also serve to reduce travel distances and reliance on the automobile in the future, thereby helping to reduce long term impacts. c. Land Use - The proposed land uses are compatible with existing and proposed adjacent uses and are more compatible than residential uses with the potential noise impacts from Highway 78 and Marron Road. Project modifications have preserved additional floodplain areas adjacent to the riparian habitat, thereby reducing conflicts with the Open Space and Conservation Element to an insignificant level. d. Geology and Soils - Project modification to preserve additional floodplain areas and the steep slope areas in the southeast corner of the property have reduced potential impacts. Implementation of the additional mitigation measures contained in the EIR will further reduce potential impacts to an insignificant level. e. Hydrology and Water Quality - Elimination of the majority of the proposed development adjacent to Highway 78 and in the steep slope areas in the southeast corner further reduces the potential for on site sedimentation. Preser- vation of the majority of the floodplain area and imple- mentation of mitigation measures contained in the EIR reduces potential impacts to an insignificant level. PC RESO NO. 2079 .2 1 adverse impact. 5 Archaeological Resources - Preservation of the area 6 7 8 9 10 11 insignificant level. 12 Traffic Circulation - Potential traffic impacts at Marron 13 14 16 18 19 20 21 22 24 25 27 28 can be mitigated to an insignificant level by implementa- tion of the measures identified in the EIR. Water and 23 4) Prior to development of this property, a specific plan for Biological Resources - Project modifications to preserve a total of 29 acres of the riparian habitat and 18 acres of supporting natural habitat, especially along the northern perimeter of the riparian area, reduces the impacts as identified in the EIR, The total loss of 3 acres of the riparian habitat and additional supporting habitat, however, is still deemed to be an unmitigated significant adjacent to Highway 78 and in the southeastern corner will preserve 3 of the identified sites, thereby reducing the impacts identified in the EIR. Implementation of the additional measures noted in the EIR reduces the overall impact to one of insignificance. h. Visual Aesthetics - Eliminating the majority of the development adjacent to Highway 78 will eliminate any potential "freeway strip effect." The addition of the Q overlay zone and implementation of the other measures contained in the EIR reduces potential impacts to an Road and El Camino Real can be reduced to an insignificant level by the construction of turning lanes and medians as recommended in the EIR and in comments from the City Traffic Engineer. 15 Noise - No significant impacts are anticipated. The proposed land uses are less subject to any potential noise impacts than the existing residential designation. 17 k. Air Quality - Identified significant adverse impacts are cumulative in nature. Specific mitigation measures to reduce these impacts can be reviewed and implemented upon approval of site development plans required by the Q over- lay zone. Effective long term mitigation, however, can only be accomplished on a regional basis. 1. Utilities and Public Services - Identified impacts for all utilities and public services are either insignificant or the entire area and a site development plan for each subarea must be approved by the Planning Commission. At that time, the City will be able to ensure that development for this site is compatible with surrounding properties. 26 5) The proposed change of zone is consistent with all other elements of the General Plan. PC RESO NO. 2079 .3 .. 6) The use of dual zoning for the subject property is necessary because: a. The characteristics of the site demonstrate that the use of a single zone is inadequate to allow proper planning and development in conformance with the General Plan; b. The characteristics of the area are such that a combination zone would allow a greater ability for land uses to be compatible with and protect surrounding land uses; c. The area is partially developed under an existing zone but desirable uses for the infill of this area are not permitted under the existing zone. for reasons stated in the staff report. Conditions: 10 11 12 13 15 16 17 1) Approval is granted for ZC-264, as shown on Exhibit "A", dated February 9, 1983, incorporated by reference and on file in the Land Use Planning office. 2) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by City Council Policy No. 17, dated April 2, 1982, on file with the City Clerk and incorporated herein by reference, and according to the agreement executed by the applicant for payment of said fee, a copy of that agreement, dated October 16, 1982, is on file with the City Clerk and incorporated herein by reference. If said fee is not paid as promised, this application will not be consistent with the General Plan and approval for this project shall be void. 3) Prior to development of this property, a specific plan must _Q be approved by the Planning Commmission.-Lo 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 2079 4. 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of February, 1983, by the following vote, to wit: AYES: NOES: ABSENT: None. ABSTAIN:None. Chairman Schlehuber, Commissioners Marcus, Rombotis, Farrow, Jose, Friestedt and Rawlins. None. CLARENCE SCHLEHUEJBR, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J>JHOLZ!PLLER LAND USE PLANNING MANAGER PC RESO NO. 2079 5. 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 PLANNING COMMISSION RESOLUTION NO. 2080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SP-185, FOR A 96.6-ACRE TOURIST COMMERCIAL/OFFICE/OPEN SPACE AREA GENERALLY LOCATED ON THE SOUTH SIDE OF HIGHWAY 78 BETWEEN THE TWO CUL-DE-SACS MADE BY HAYMAR DDIVE. APPLICANT: SOUTHERS CASE NO; SP-185 WHEREAS, a verified application for certain property, to wit; A portion of Rancho Agua Hedionda, as delineated on Record of Survey Map No. 5342 filed on January 26, 1960, in the City of Carlsbad, County of San Diego, State of California. has been filed with the City of Carlsbad, and referred to the Planning Commission; and WHEREAS, said verified application constitutes a request as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 9th day of February, 1983, hold a duly noticed public hearing as prescribed by law, to consider said request; and WHEREAS, at said public hearing, upon hearing and consider- ing all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis- sion as follows: (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 SP-185, based on the following findings and subject to the following conditions: Findings; 1) The site is physically suitable in size and shape to accommodate the proposed uses because the Specific Plan 1 2' 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 21 25 27 28 • .provides standards for development which accommodate the project with the site. 2) The proposed uses will not be detrimental to adjoining properties for the reasons outlined in the staff report. 3) The specific plan is consistent with the Carlsbad General Plan and with Sections 65451 and 65452 of the Government Code which regulate the use of specific plans. 4) The specific plan implements the TS (Travel Service), OS (Open Space) and O (Professional and Related Commercial) land use designations designated for this property by the Land Use Element of the General Plan. 5) An Environmental Impact Report was certified for this project by the City Council on November 16, 1982. The EIR identified impacts from the proposed project. These impacts can either be mitigated or overriding considerations exist as described below. a. The loss of biologic resources associated with the modified project, while significant, are offset by the social and economic benefits of the proposed land uses and circulation system. The proposed land uses are more conducive to preservation of the habitat areas being retained and elim- inate the potential undesirable living environment caused by traffic noise on Highway 78 and Marron Road. The proposed uses are also less subject to impacts from the existing surface mine located east of the property. Development of office and commercial uses will provide jobs and additional sales tax and property tax to the City. b. Potential cumulative significant impacts on air quality are also offset by the benefits of the project as noted above. In addition, the location of additional employment and commercial facilities provides a shopping and employment convenience for existing and future residents of the region. The grouping of facilities may also serve to reduce travel distances and reliance on the automobile in the future, thereby helping to reduce long term impacts. c. Land Use - The proposed land uses are compatible with existing and proposed adjacent uses and are more compatible than residential uses with the potential noise impacts from Highway 78 and Marron Road. Project modifications have preserved additional floodplain areas adjacent to the riparian habitat, thereby reducing conflicts with the Open Space and Conservation Element to an insignificant level. d. Geology and Soils - Project modification to preserve additional floodplain areas and the steep slope areas in the southeast corner of the property have reduced potential impacts. Implementation of the additional mitigation PC RESO NO. 2080 2. 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 1. ^easures contained in the EIR will further reduce potential impacts to an insignificant level. Hydrology and Water Quality - Elimination of the majority of the proposed development adjacent to Highway 78 and in the steep slope areas in the southeast corner further reduces the potential for on site sedimentation. Preser- vation of the majority of the floodplain area and imple- mentation of mitigation measures contained in the EIR reduces potential impacts to an insignificant level. Biological Resources - Project modifications to preserve a total of 29 acres of the riparian habitat and 18 acres of supporting natural habitat, especially along the northern perimeter of the riparian area, reduces the impacts as identified in the EIR. The total loss of 3 acres of the riparian habitat and additional supporting habitat, however, is still deemed to be an unmitigated significant adverse impact. Archaeological Resources - Preservation of the area adjacent to Highway 78 and in the southeastern corner will preserve 3 of the identified sites, thereby reducing the impacts identified in the EIR. Implementation of the additional measures noted in the EIR reduces the overall impact to one of insignificance. Visual Aesthetics - Eliminating the majority of the development adjacent to Highway 78 will eliminate any potential "freeway strip effect." The addition of the Q overlay zone and implementation of the other measures contained in the EIR reduces potential impacts to an insignificant level. Traffic Circulation - Potential traffic impacts at Marron Road and El Camino Real can be reduced to an insignificant • level by the construction of turning lanes and medians as recommended in the EIR and in comments from the City Traffic Engineer. Noise - No significant impacts are anticipated. The proposed land uses are less subject to any potential noise impacts than the existing residential designation. Air Quality - Identified significant adverse impacts are cumulative in nature. Specific mitigation measures to reduce these impacts can be reviewed and implemented upon approval of site development plans required by the Q over- lay zone. Effective long term mitigation, however, can only be accomplished on a regional basis. Utilities and Public Services - Identified impacts for all utilities and public services are either insignificant or can be mitigated to an insignificant level by implementa- tion of the measures identified in the EIR. Water and PC RESO NO. 2080 3. 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 c energy conservation measures especially can be reviewed upon approval of site development plans as required by the Q overlay zone. 6) The use of dual zoning for the subject property is necessary because: a. The characteristics of the site demonstrate that the use of a single zone is inadequate to allow proper planning and development in conformance with the General Plan; b. The characteristics of the area are such that a combination zone would allow a greater ability for land uses to be compatible with and protect surrounding land uses; c. The area is partially developed under an existing zone but desirable uses for the infill of this area are not permitted under the existing zone, for reasons stated in the staff report. Conditions: 1)All development at this site shall conform to the land uses and development standards of the specific plan as stated in Exhibit "Z", dated February 9, 1983. This specific plan shall apply to the property and shall be transferable upon change of ownership. 2) Prior to the final recordation of any subdivision within the specific plan area the applicant shall agree in writing to the Land Use Planning Manager to notify all prospective buyers and developers of the provisions of this specific plan. PC RESO NO. 2080 1 3 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 ' PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 9th day of February, 1983, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RESO NO. 2080 5. STAFF REPORT DATE: February 9, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: ZC-264/SP-185 - SOUTHERS - Request for a zone change from R-1-10 to R-P, CT and OS and a specific plan on 96.6 acres located on the south side of Highway 78 east of the western portion of Haymar Drive. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2079 and Resolution No. 2080, recommending APPROVAL of ZC-264 and SP-185 based on the findings contained therein. II. PROJECT DESCRIPTION On November 16, 1982, the City Council approved a General Plan Amendment creating a combination district comprised of the professional and related commercial (0), Travel Service (TS) and Open Space (OS) designations on 96.6 acres located as described above (see attached location map). The proposed zone change would bring the zoning into conformance with the General Plan. The specific plan, required by the use of a combination district, will establish specific land use and development standards for the proposed project. III. ANALYSIS Planning Issues 1) Is the proposed zoning consistent with the General Plan? 2) Is the proposed zoning, including the use of dual zoning, appropriate for the site? 3) Does the specific plan properly implement the General Plan and the underlying zoning? 4) Are the standards in the specific plan adequate to ensure quality development in this area? Discussion ZC-264 The General Plan for this property shows a combination district comprised of office, tourist commercial and open space land use. *>*»,*•' The applicant and staff are proposing zoning for the property as follows: Area A - Residential Professional (R-P) Area B - Residential Professional (R-P) Area C - Residential Professional (R-P) Area D - Commercial Tourist (CT)/Residential Professional (R-P) Area E - Commercial Tourist (CT)/Open Space (OS) The location of these areas are shown on Exhibit "A" of the specific plan text (at the rear). Because Areas D and E are heavily related to the Rancho del Oro arterial proposed to intersect Marron Road at the southeastern end of the subject property, dual zoning is being proposed for these areas. The zoning for these areas would be tied to alternatives outlined in the circulation section of the specific plan. When the City Council decides the circulation for this area, the appropriate alternative will automatically go into effect. Essentially, the alternatives are, if Rancho del Oro connects with Marron Road, Areas D and E will be developed as Commercial Tourist (CT). If it does not connect, Area D will be developed as Office and Area E will remain as Open Space. To be able to accomplish these alternatives, it is necessary to have two zones on Area D and and on Area E. The dual zoning section of the Zoning Ordinance could provide for this type of zoning by allowing two zones on a single property. There is some question as to whether dual zoning is appropriate for this property. The ordinance states that dual zoning can be utilized when it is found that a single zone is inadequate to service the property, that a combination zone would create greater compati- bility with surrounding property and land use, and that the area is partially developed under an existing zone and another desig- nation is needed for infill. The first two findings are easy to make, as dual zoning will allow greater flexibility and also plays a role in protecting the surrounding open space. The third finding is more difficult to make as there is very little development in the immediate area. One reason for this, however, is that much of the adjacent area is floodplain and will be left as open space. Staff feels that the third finding can be made because this project is essentially an infill area surround- ing an existing floodplain area which will always be in open space. Staff feels that the zoning for the other subareas as proposed properly implements the General Plan and the findings of the Environmental Impact Report. The sensitive area around the Buena Vista Creek habitat will be zoned Open Space as discussed in the EIR. -2- SP-185 The specific plan is required with the use of combination district. The major features of SP-185 are the provision of the circulation alternatives, standards for the development of office/commercial tourist use, and a management plan for the Buena Vista Creek area. 1) Circulation - The City Council, through a Circulation Committee, is currently updating the size and location of arterial streets in Carlsbad. One of the major issues before the Committee is whether or not Rancho del Oro Drive (see Exhibit "A") should interchange with Highway 78 and connect with Marron Road in Carlsbad. Since it is not known at this time what will happen regarding Rancho del Oro, the specific plan provides three alternatives which indicate the following: a) If the City's Circulation Map is amended the developer may construct Rancho del Oro to Marron Road as an arterial and develop Areas D and E as Commercial Tourist (CT). b) If Cal Trans allows an interchange at Highway 78 and Rancho del Oro but the City does not amend the Circula- tion Map then Rancho del Oro can be extended as a cul-de-sac from Highway 78 to service Areas D and E as Commercial Tourist (CT). c) If no interchange is approved and the City does not amend the Circulation Map then Marron Road must be extended to College before development can occur in Area D. Develop- ment of Area D would be for office use and no development would be permitted in Area E under this alternative. Buena Vista Creek Management Plan The riparian portion of the project along Buena Vista Creek will remain in its natural condition to preserve the sensitive envi- ronment and protect the lagoon by buffering it from sedimentation. The plan provides for the dedication of this area to the City as an Open Space easement and also makes provisions for erosion control, grading, landscaping and drainage. Staff feels that the standards outlined in this section are adequate to protect the riparian habitat. Development Standards and Conditions The development standards and conditions, with the exception of the circulation standards, are similar to other specific plans approved by the City. Staff feels those requirements will ensure quality development for the subject property. IV. ENVIRONMENTAL REVIEW The City Council certified Environmental Impact Report- EIR 82-5, for this project on November 16, 1982. ATTACHMENTS 1. P.C. Resolution No. 2079 2. P.C. Resolution No. 2080 3. SP-185 Text and Attachments 4. Background Data Sheet 5. Disclosure Statemeent CDG:kb -4- BACKGROUND DATA SHEET CASE NO: ZC-264/SP-185 APPLICANT: Southers REQUEST AND LOCATION: Request for a rezone from R-1-10,000 to CT(Q)y R-P(Q) and OS and approval of a specific plan for property located on the south side of Highway 78, east of Haymar Drive. LEGAL DESCRIPTION: Portion of unnumbered Tract Map 823, Rancho Agua Hedionda APN; - - Acres ife.fe Proposed No. of Lots/Units GENERAL PLAN AND ZONING Land Use Designation PS, 0 , OS Density Allowed 0-4 du/ac Density Proposed N/A Existing Zone R-1 -10,000 Proposed Zone CTf R-P, OS Surrounding Zoning and Land Use: Zoning Land Use Site R-1-10,000 RLM North Highway 78 Highway 78 South P-C RLM East R-1-10,000 RLM West R-1-10 & C-2 RM PUBLIC FACILITIES School District Carlsbad Water Costa Real Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated October 16, 1982 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued X E.I.R. Certified, dated October 27, 1982 Other, •v t^at further information isQ squired, you will be so APPLICANT: AGENT: JPaul Southers f»nrl RspnrH Name (individual, partnership, joint venture, corporation, syndication) 9601 Westwood Drive, Westminister, CA 92'682 . ' Business Address • . - 714/531-6732 ' . . . Telephone Number Name 708 Fourth St.x Oceanside Business Address MEMBERSi 714/722-I92-4 Telephone Nuaber Herbert Johrisonl Name -(individual, partner, joint: . venture, corporation, syndication) 431 South Nevada St., Oceanside, CA 92054 Home Address Business Address Telephone Nuaber Telephone Number Home- Address Business Address Taiephons Nuabar Telephone- Surnbe-r 1 i Hf- nf (Attach more sheets if necessary) I/We declare ur.der penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be* relied upon as being true and correct until amended. // . • / Applicant-- Agent, O.-.-ner, Partner c BUENA VISTA PARK PLAZA Applicant Disclosure List of Partnership Members Mr. & Mrs. Mack Gardner 2037 Wonderview Drive Vista, CA 92083 Mr. & Mrs. William Garlan 1944 Fairway Circle Drive Lake San Marcos ,' CA Donna Simonson Eric Simonson 211 El Camino Real, Suite 204 Encinitas, CA 92024 Mr. & Mrs. Joe Villasenor Alex Martinez Christine Martinez 402 Avalon Drive Vista, CA 92083 Mr. & Mrs. George Rodgers, II] c/o El Camino Insurance Drawer G 1365 W. Vista Way Vista, CA 92083 Mr. & Mrs. George Rodgers, Jr. c/o El Camino Insurance 1365 W. Vista Way Vista, CA 92083 Mr. Harry Nagata 1275 Sleeping Indian Road San Luis Rey, CA 92068 Mrs. Jana G. Kresock 4122 Cove Lane Glenview, Illinois 60025 Mr. & Mrs. Amos Hodson 5001 Antietam Avenue Los Alandtos, CA 90720