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HomeMy WebLinkAbout1983-03-15; City Council; 7322; Preannexational Zoning & Tentative Map SammisCARLSBAD — AR* 7.30. A MTG 3/15/83 OPPT PLN TITLE: REQUEST FOR PREANNEXAT ZONAL ZONING ILL*** AND A TENTATIVE MAP FOR 354 CONDOMINIUM UNITS. EIR 82-4/ZC-260/CT 82-18/CP-214 - SAMMIS nPPT HO. W^k4 CITY ATTY V /59 CITY MGR. JJC RECOMMENDED ACTION: The Planning Commission and the staff are recommending that the City Council CERTIFY EIR 82-4 by minute motion, introduce Ordinance No. 96 7<f^f approving ZC-260, and direct the City Attorney's Office to prepare documents APPROVING, CT 82-18 and CP-214. ITEM EXPLANATION; - The subject property is located on the north side of Batiquitos Lagoon between Carlsbad Boulevard and the AT&SF Railroad tracks. Approval of the proposed project involves three separate actions by the City Council: 1) Certification of EIR 82-4. 2) Approval of preannexational zone change, ZC-260. 3) Approval of a tentative tract map and condo permit, CT 82-18 and CP-214. The project would provide for 354 condominium units with under- ground parking. The project would be at the high end of the RMH (.10 to 20 du/ac) general plan designation at 19.6 du/ac. The Planning Commission and staff feel this density is justifiable because the underground parking permits a number of amenities including a large amount of open space and recreation area. The EIR identified several major impacts in the area of visual aesthetics and biology. Staff feels these impacts have been mitigated through the design of the project. Staff and Planning Commission are recommending that this project be approved. Staff recommends, however, that two conditions of Planning Commission Resolution No. 2087 approving the project be revised as follows: Condition 19 - Add the following sentence: "Any improvements located within this area shall be maintained by the homeowners association and a statement so indicating this shall be included in the C.C.&R.'s." Condition 42 - Revise to read as follows: "Prior to final map approval, the applicant shall construct the Avenida Encinas bridge crossing the AT&SF Railroad or shall enter into an agreement satisfactory to the City providing for the construction of the bridge." For further information regarding the project please see the attached staff report to the Planning Commission. PAGE 2 of AB f w -*// ' ENVIRONMENTAL REVIEW; EIR 82-4 was prepared for the proposed project and must be certified by the Council before the project can be approved. FISCAL IMPACT; The applicant will provide all required public improvements to the project. Also, the applicant has agreed to pay a public facilities fee to offset the costs of providing all other services. EXHIBITS; 1. City Council Ordinance No. 7 6 2. Planning Commission Resolutions 2085, 2086 and 2087 3. Area Wide and Zoning Map 4. Reduced Colored Site Plan 5. Staff Report dated February 23, 1983 1 2 3 4 5 6 7 8 9 10 11 12 13 '14 15 16 17 18 19 20 21 22 24 25 26 27 28 ORDINANCE NO.9678 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 FROM A-70 (COUNTY) TO RD-M-(Q) ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND THE AT&SF RAILROAD RIGHT-OF-WAY. APPLICANT; SAMMIS CASE NO; ZC-260 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 from A-70 (County) to RD-M(Q) on property as shown on the map marked ZC-260 - 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 incorpor- ated herein by reference, and according to the agreement executed by the applicant for payment of said fee a copy of that agreement dated February 14, 1983, 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 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 once in the Carlsbad Journal within fifteen days after its adoption. : INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 15th day of March, 1983, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 5th day of April, 1983, by the following vote, to wit: AYES: NOES : ABSENT: MARY H. CASLER, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 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 c PLANNING COMMISSION RESOLUTION NO. 2085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT EIR 82-4 FOR A PROJECT GENERALLY INCLUDING A PREANNEXATIONAL ZONE CHANGE FROM COUNTY A-70 TO RD-M-Q AND OS AND A TENTATIVE TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND THE AT & SF RAILROAD. APPLICANT; SAMMIS PROPERTIES CASE NO.: EIR 82-4 WHEREAS, on February 23, 1983, the Planning Commission, of the City of Carlsbad, held a public hearing on EIR 82-4 pursuant to the provisions of Title 19 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission has considered the comments and documents of all those persons testifying at the public hearing; and WHEREAS, the Planning Commission has received EIR 82-4 according to the requirements of Title 19 of the Carlsbad Municipal Code; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 1) That the foregoing recitations are true and correct. 2) That the Environmental Impact Report EIR 82-4 will be amended to include the comments and documents of those testifying at the public hearing and responses thereto hereby found to be in good faith and reason by incorporating a copy of the minutes of said public hearings into the report. 3)That the Planning Commission finds and determines that the Environmental Impact Report EIR 82-4 has been completed in confoonance with the California Environmental Quality Act, the state guidelines implementing said Act, and the provisions of Title 19 of the Carlsbad Municipal Code and that the Planning Commission has reviewed, considered and evaluated the information contained in the report. 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 W 4) That the Environmental Impact Report EIR 82-4 as so amended and evaluated, is recommended for acceptance and certification as the final Environmental Impact Report and that the final Environmental Impact Report as recommended is adequate and provides reasonable information on the project and all reasonable and feasible alternatives thereto, including no project. 5) That each and every significant environmental impact identified in the Environmental Impact Report would be overruled or counterbalanced by changes or alteration in the project which would mitigate against said adverse impacts or, in certain circumstances, that, mitigation of such adverse impacts woul not be feasible under the circumstances and under the economic and social needs objectives and concerns in providing the improvements if the project were to be approved, would be included as conditions of approval of the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 23rd 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. 2085 1 4 5 6 WHEREAS, a verified application for certain property, to 7 wit: 8 A portion of the west half of Section 33, Township 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 PLANNING COMMISSION RESOLUTION NO. 2086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE FROM COUNTY A-70 TO RD-M-Q AND OS ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD AND THE AT & SF RAILROAD. APPLICANT: SAMMIS PROPERTIES CASE NO.: ZC-260 12 South, Range 4 West, San Bernardino Base and Meridian in San Diego, CA. 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 23rd 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, if 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 Commission 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-260, as described on Exhibit "A", based on the following findings: 26 Findings: 27 1) That the site is physically suitable in size and shape to accomodate the proposed zones for the reasons stated in the staff report. 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 J) That uses allowed in the proposed zones are compatible with surrounding present and future land uses for the reasons stated in the staff report. That all significant impacts have been mitigated, or the project has been changed so as to mitigate these impacts, or social or economic factors exist which override these significant impacts as described below: A) Land Use Impact: The proposed zone change does not provide adequate zoning protection of the lagoon bluff. Mitigation: The proposed boundary between the RD-M- Q and OS zones has been moved northward to the top of the bluff so as to include the bluff within the open space zone. B) Agricultural Resources Impact: The proposed zone change would result in the ultimate loss of 23 acres of agricultural land. Mitigation: Under the County and LAFCO guidelines the loss of agricultural lands is a significant impact. Under the City of Carlsbad interim agricultural policy, however, it is not. The loss of agricultural area is mitigated by the need for housing in Carlsbad and by the agricultural preservation programs implemented by the Coastal Commission. C) Traffic Circulation Impact: Traffic from the proposed zone change would incur a potential safety hazard due to the inadequate length of the southbound ramps at the Carlsbad Boulevard/Ponto Drive interchange. Mitigation: These ramps will be lengthened. D) Archaeological Resources Impact: The proposed zone change would result in potential impacts to an identified archaeological site. Mitigation: A limited testing program followed by excavation and documentation of the site, if warranted, will be performed. E) Air Quality , Impact: The proposed zone change is considered to have an adverse impact on the attainment of acceptable regional air quality based on RAQS population projections presently in effect. Mitigation: The need to provide appropriate housing for the city of carlsbad overrides this impact. r/// >C RESO NO. 2086 .2 1 2 5 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 F) Biological Resources Impact: The proposed zone change does not provide adequate zoning protection of the vegetation on the lagoon bluff. Mitigation: The open space boundary has been relocated to include this bluff within the open space. G) Visual Resources Impact: Exclusion of the bluffs from the open space zone wil"1 result in the potential impact of inadequate protection of this important visual component of Batiquitos Lagoon. Mitigation: The open space boundary has been relocated to include this bluff within the open space. Impact: The density of 10-20 du/ac as allowed under RD-M- Q zoning could result in the construction of a bulky and conspicuous development in a recognized scenic area. Mitigation: The qualified overlay zoning assures the City of Carlsbad discretionary review of development to insure project design in such manner as to avoid this impact. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 23rd 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. 2086 .3 1 PLANNING COMMISSION RESOLUTION NO. 2087 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA RECOMMENDING APPROVAL OF A TENTATIVE 3 TRACT MAP AND CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN 4 CARLSBAD BOULEVARD AND THE AT & SF RAILROAD. APPLICANT: SAMMIS PROPERTIES 5 CASE NO.; CT 82-18/CP-214 6 WHEREAS, a verified application for certain property to- 7 wit: 8 A portion of the west half of Section 33, Township 9 12 South, Range 4 West, San Bernardino Base and Meridian in San Diego, CA. 10 has been filed with the City of Carlsbad, and referred to the 11 Planning Commission; and 12 WHEREAS, said verified application constitutes a request 13 as provided by Title 21 of the Carlsbad Municipal Code? and 14 WHEREAS, the Planning Commission did, on the 23rd day of 15 February, 1983, hold a duly noticed public hearing as prescribed by 16 law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and 18 considering all testimony and arguments, if any, of all persons 19 desiring to be heard, said Commission considered all factors 20 relating to the Tentative Tract Map and Condominium Permit. 21 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 22 Commission as follows: 23 A) That the above recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, 25 the Commission recommends APPROVAL of CT 82-18/CP-214, based on the following findings and subject to the following 26 conditions: 27 //// 28 //// 2 3 the Land Use Element of the General Plan. 4 j>) The site is physically suitable for the type and density of the 5 accommodate residential development at the density proposed. 6 J) The project is consistent with all city public facility pol- 7 8 9 10 11 12 13 14 15 17 20 indings; ) The project is consistent with the city's General Plan since the proposed density of 19.6 du's/acre is within the density range of 10-20 du's/acre specified for the site as indicated on development since the site is adequate in size and shape to icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that the final map will not be approved unless the City Council finds that sewer service is available to serve the project. In addition, the Planning Commission has added a condition that a note shall be placed on the final map that building permits may not be issued for the project unless the City Engineer determines that sewer service is available, and building cannot occur within the project unless sewer service remains available, and the Planning Commission is satisfied that the requirements of the public facilities element of the General Plan have been met insofar as they apply to sewer service for this project. b)1 School fees will be paid to ensure the availability of school facilities in the Carlsbad Unified school district. 16 b)2 The Carlsbad School District has written a letter, dated February 18, 1983, stating that school facilities will be available to this project. 18 c) Park-in-lieu fees are required as a condition of approval. 19 d) All necessary public improvements have been provided or will be required as conditions of approval. 21 e) Assurances have been given that adequate sewer for the project will be provided by the city of Carlsbad. 22 The proposed project is consistent with the city's Planned 23 | Development Ordinance and also complies with the Design Guidelines Manual. 24 5) The proposed project is compatible with the surrounding future 25 land uses since surrounding properties are designated for residential development on the General Plan. 26 V/// 27 28 be RESO NO. 2087 .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 6) That all significant impacts have been mitigated, the project has been changed so as to mitigate these impacts, or social or economic factors exist which override these significant impacts as described below: A) Agricultural Resources Impact: The proposed project would result in the loss of 15 acres of agricultural land. Mitigation: Under the County and LAFCO guidelines the loss of agricultural land is a significant impact. Under the City of Carlsbad Interim Agricultural Policy, however, it is not. The impact is overridden by the need for this type of housing in Carlsbad and by agricultural preservation programs implemented by the Coastal Commission. B) Traffic Circulation Impact: Traffic from the project would incur a potential safety hazard due to the inadequate length of the southbound ramps at the Carlsbad Boulevard/Ponto Drive interchange. Mitigation: These ramps will be lengthened per condition of approval of this tentative map. C) Archaeological Resources Impact: The project would result in a significant impact on an identified archaeological site. Mitigation: A limited testing program followed by excavation and documentation of the site, if warranted, will be performed. D) Air Quality Impact: The project is considered to have an adverse impact on the attainment of acceptable regional air quality based on RAQS population projections presently in effect. Mitigation: The need to provide appropriate housing for the City of Carlsbad overrides this impact. E) Hydrology Impact: Potential lagoon sedimentation impacts could result from development of the site. Mitigation: Conditions of approval have been placed on this tentative map which will control sediment deposit. These include a desiltation basin and othe drainage structures. F) Biological Resources Impact: The project includes six tennis courts on the lowland flat adjacent to the lagoon which will significantly affect the nesting habits of two sensitive bird species on the site. Mitigation: These six tennis courts have been deleted from the plan. PC RESO NO. 2087 .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 G) Visual Resources Impact: The project buildings are large in scale and mass as viewed from Carlsbad Boulevard. Mitigation: The project has been redesigned so as to open up the buildings to allow views through to avoid the appearance of massive buildings. Conditions: 1) Approval is granted for CT 82-18/CP-214, as shown on Exhibit(s) Af B, C, D, E, F, G, and H, 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 the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 3) 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 sewei 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. 4) This project is approved upon the express condition that the applicant shall pay a public facilities fee as required by 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 February 14, 1983, 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. 5) The applicant shall pay park-in-lieu fees to the city, prior tc the approval of the final map as required by Chapter 20.44 of the Carlsbad Municipal Code. 6) The applicant shall provide school fees to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. 7) Approval of this request shall not excuse compliance with all sections of the Zoning Ordinance (including height restrictions) and all other applicable city ordinances in effect at time of building permit issuance. 8) Water shall be provided by the city of Carlsbad unless some other arrangement is approved by the City Council. PC RESO NO. 2087 .4 1 2 |)) The applicant shall prepare a reproducible mylar of the final site plan incorporating the conditions contained herein. Said 3 site plan shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 4 10) The applicant shall establish a homeowner's association and map approval. 8 1) The applicant shall prepare a detailed landscape and irrigation 9 10 11 12 13 14 15 16 17 18 21 23 24 25 26 27 28 PC RESO NO. 2087 Use Planning corresponding covenants, conditions and restrictions. These CC&R's shall include the condition that the open space easement area that is within the RD-M zone shall be maintained by the homeowners in perpetuity. Said CC&R's shall be submitted to and approved by the Land Use Planning Manager prior to final plan which shall be submitted to and approved by the Land Use Planning Manager prior to the issuance of building permits. 12) A 500' scale map of the subdivision shall be submitted to the Land Use Planning Manager prior to the recordation of the final map. Said map shall show all lots and streets within and adjacent to the project. 3) All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. 14) Any signs proposed for.this development shall be designed in conformance with the city's Sign Ordinance and shall require review and approval of the Land Use Planning Manager prior to installation of such signs. 15) Trash receptacle areas shall be enclosed by a 6-foot high masonry wall with gates pursuant to city standards. Location of said receptacles shall be approved by the Land Use Planning Manager. 19 16) All roof appurtenances, including air conditioners, shall be 20 architecturally integrated and shielded from view and the sound buffered from adjacent properties and streets to the satisfaction of the Land Use Planning Manager and Building and Planning Director. 22 17) Approval of Tentative Tract No. CT 82-18/CP-214 is granted subject to approval of Zone Change ZC-260 and the approval of the annexation of this property to the City of Carlsbad. 18) Prior to the issuance of a grading permits, the archaeological site on the property shall be investigated as recommended on Pages 3-31 and 3-32 of the Draft Environmental Impact Report for the site dated September, 1982. 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 19) The developer shall grant an open space easement over that portion of the property within the open space zone (Lot #3) and over the property designated open space easement in Exhibit "E", dated February 9, 1983. This entire area shall be considered a wildlife preserve, allowing only pedestrian trails, erosion control structures, underground easements, and view points, as approved by the Land Use Planning Manager. This easement shall be dedicated prior to final map approval. 20) The developer shall construct a meandering walkway along the western property line from the condominium project to the Carlsbad Boulevard bridge over San Marcos Creek. The east side of this walkway should be landscape screened to prevent pedestrian traffic from interfering with bird nesting on the lowland flat. Engineering; 21) This subdivision is approved upon the express condition that the final map shall not be approved unless the City Council finds as of the time of such approval that sewer service is available to serve the subdivision. 22) 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 capacity is available at the time of application for such permits and will continue to be available until time of occupancy. This note shall be placed on the final map. 23) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site. 24) 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. 25) 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. 26) No grading shall occur outside the limits of the subdivision unless a letter of permission is obtained from the owners of the affected properties. PC RESO NO. 2087 6. 1 2 3 4 5 neer. 6 29) The developer shall construct desiltation/detention basins of a 7 8 9 10 11 12 13 14 15 16 17 21 22 23 24 26 27 28 27) Prior to the issuance of a grading permit, the haul route shall be submitted for review and approved by the City Engineer. A separate grading plan shall be submitted and approved and a separate grading permit issued for the borrow or disposal site if located within the city limits. 28) Additional drainage easements and drainage structures shall be provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Engi- type and size and at locations as approved by the City Engineer. The developer shall enter into a desiltation basin maintenance agreement and submit a maintenance bond satisfactory to the City engineer prior to the approval of the final map for this project. Each desiltation basin shall be serviced by an all weather access/maintenance road. The provisions of this agreement shall apply to any off-site borrow sites which may be utilized in the construction of this project as required by the City Engineer. 30) The drainage system shall be designed to ensure that runoff resulting from a 10-year frequency storm of 6 hours or 24 hours duration under developed conditions, is equal to or less than the runoff from a storm of the same frequency and duration under existing developed conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 31) Avenida Encinas shall be dedicated by the developer along the subdivision frontage.based on a right-of-way width of 84 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 18 32) All land and/or easements required by this project shall be 19 granted to the city, without cost to the city, free and clear of all liens and encumberances. 20 33) All public streets shall be improved by the developer based on the typical sections shown on the tentative map and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 34) Avenida Encinas shall be improved by the developer along the subdivision frontage based on a curb-to-curb face width of 64 feet and in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 25 "35) The developer shall install street lights along all public frontages in conformance with City of Carlsbad Standards. PC RESO NO. 2087 1 36) The developer shall install street trees at the equivalent of 40-foot intervals along all public street frontages in 2 conformance with City of Carlsbad Standards. The trees shall be of a variety selected from the approved Street Tree List. 3 37) The developer shall install sidewalks along all public street 4 frontages in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 5 38) The developer shall install a wheelchair ramp at the public 6 street corner abutting the subdivision in conformance with City of Carlsbad Standards prior to occupancy of any buildings. 7 39) The developer shall comply with all the rules, regulations and 8 design requirements of the respective sewer and water agencies regarding services to the project. 9 40) The developer shall re-construct the south bound offramp and 10 the south bound onramp to Carlsbad Boulevard in accordance with City of Carlsbad Standards prior to occupancy of any 11 buildings. The re-construction shall also include all signs and stripping necessary to merge on and off Carlsbad 12 Boulevard. 13 41) If Avenida Encinas is downgraded from a secondary arterial to a collector the design as shown on the tentative map may be 14 used. Otherwise the centerline curve radius at the railroad crossing must be a 550' minimum. 15 42) Prior to final map approval, the applicant shall enter into an 15 agreement with the City of Carlsbad to participate in and not oppose the formation of a private or public assessment district 17 for the sole purpose of the design and construction of the Avenida Encinas bridge crossing over the AT & SF Railroad 18 easement. 19 43) A temporary turnaround, offset to the north, shall be constructed at the easterly terminus of this project. 20 44) The design of all private streets and drainage systems shall be 21 approved by the City Engineer prior to approval of the final map. The structural section of all private streets shall 22 conform to City of Carlsbad Standards based on R-value tests. All private streets and drainage systems shall be inspected by 23 the city, and the standard improvement plan check and inspection fees shall be paid prior to approval of the final 24 maP- 25 45) All private streets and drainage systems shall be maintained by the homeowner's association in perpetuity. This responsibility 26 shall be clearly stated in the CC&R's. 27 28 PC RESO NO. 2087 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 46) Approval of this tentative tract map shall expire twenty-four months from the date of City Council approval unless a final map is recorded. An extension may be requested by the applicant. Said extension shall be approved or denied at the discretion of the City Council. In approving an extension, the City Council may impose new conditions and may revise existing conditions . Fire Department; 47) Additional public and/or on site fire hydrants shall be re- quired if deemed necessary by the Fire Marshall. 48) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants and or site roads and drives subject to the approval of the Fire Marshall. 49) An all weather access road shall be maintained throughout construction . 50) All required fire hydrants, water mains and appurtenances shai: be operational prior to combustible building materials being located on the project site. 51) Proposed security gate systems shall be provided with "Knox" key operated override switch, as specified by the Fire De- partment. 52) All private driveways shall be kept clear of parked vehicles a1 all times, and shall have posted "No Parking/Fire Lane Tow Awa} Zone" pursuant to Section 17.04.040, Carlsbad Municipal Code. 53) Fire retardant roofs shall be required on all structures. 54) All fire alarm systems, 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. 55) Due to the distance of the project from existing fire stations, all structures shall be fully protected by an automatic fire sprinkler system. Parks and Recreation 56) All manufactured slope areas shall be hydroseeded by a hydroseed mix approved by the Director of Parks and Recreation. PC RESO NO. 2087 .9 1 2 3 4 5 6 7 8 9 10 11 12 13 141 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 23rd day of February, 1983, by the following vote, to wit: AYES: Chairman Schlehuber, Commissioners Marcus, Rombotis, Jose and Rawlins. NOES: None. ABSENT: Commissioners Farrow and Friestedt. ABSTAIN: None. CLARENCE SCHLEHUBER, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J>4tOLZM&LLER LAND USE PLANNING MANAGER PC RESO NO. 2087 .10 PROJECT SITE N BATIQUiTOS LAGOO AREA & ZONING MAP SHRUB • OHOUNDCOven" ' BATIQUITOS POINTE Reduced Colored Site Plan graphic sctte 0 60 120 240 PLAN CYAMADA & ASSOCIATES imnmmfa/ planning master planning landscape archttectmrf APPLIGJ5N SUBMITTAL DATE: MAY '14/TL982 STAFF REPORT DATE: February 23, 1983 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: EIR 82-4/ZC-260/CT 82-18/CP-214 - SAMMIS PROPERTIES (BATIQUITOS POINTS) - Request for preannexat ional zone change from County A-70 to City of Carlsbad RD-M-Q, and a tentative tract map for 354 condominium units. I. RECOMMENDATION It is recommended that the Planning Commission APPROVE Resolution No. 2085, recommending to the City Council CERTIFICATION OF EIR 82-4. It is also recommended that the Planning Commission ADOPT Resolution No. 2086 and 2087 recommending APPROVAL OF ZC-260 and CT 82-18/CP-214, based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION The subject property is located immediately north of Batiquitos Lagoon, between Carlsbad Boulevard and the AT & SF Railroad. The preannexational zoning involves approximately 39 acres. As shown on Exhibit "A", the majority (upland area) of this site is proposed to be zoned Residential Density-Multiple (RD-M), corresponding to an P.MH general plan designation of 10-20 du/ac. The approximately 10 acres of property in the southern end of the site, including part of Batiquitos Lagoon and a related lowland flat, is to be zoned Open Space (OS) per the OS general plan designation. The RD-M zoned area can be separated into four groups? a 354- unit condominium project on one lot on the southern portion of the upland area, a future development site (possibly motel), separated from the condominium by proposed Avenida Encinas, and two small existing lots to the north and northwest of the site (under different ownership) which are to be similarly prezoned to avoid the creation of county islands. The requested Open Space zoned property comprises Lot 3 of the proposed subdivision, located on the southern portion of the property. Plans have been submitted only for the area south of Avenida Encinas at this time. /*••••• W* Surrounding land uses include Carlsbad Boulevard and the State Park to the west, the Ponto area and its related industrial/ residential mix to the north, the Seabluff property to the east which has recently been prezoned to RD-M-Q, and Batiquitos Lagoon to the south. Access to the project is to be provided from the full-width construction of Avenida Encinas. The extension of this arterial over the railroad tracks will occur at a later time. The project is proposed to consist of 354 condominium units. The resulting density of 19.6 du/ac (excluding open space and future hotel acreage) is at the high end of the allowable range for this area (10-20 du/per acre). Twelve building structures are proposed (two building types) which will reach a height of 35 feet (three stories). Resident parking is proposed in subterranean garages, with most visitor parking located on-grade. The site is presently used for commercial flower production. Some grading for the condominium project is anticipated on the relatively flat site because of the subterranean garage. No grading or development is proposed within the open space zone. III. SIR 82-4 - MAJOR IMPACTS 1. Land Use The project, as originally proposed placed the open space - RD-M zone boundary at the base of the lagoon bluff, which did not provide open space zoning protection for the sensitive bluffs. This impact has been mitigated through the present proposed zoning boundary, in which the open space zone is moved northward to include the bluff. 2. Traffic Circulation The proposed projects could adversely impact the southbound traffic on Carlsbad Boulevard due to the inadequate length of the existing on-and-off ramps. Mitigation includes a tentative map condition of approval to lengthen these ramps. ,3. Hydrology The EIR points out that development of the site could cause sedimentation impacts upon Batiquitos Lagoon. To mitigate this potential impact, conditions have been placed on the map, which, in conformance with the Grading Ordinance, will control sediment deposit. These conditions include a requirement to construct a desiltation basin and other drainage structures. -2- 4. Biological Resources The exclusion of the Bluff face from the OS zone, as originally proposed, would not give adequate zoning protection on these bluffs and would result in an indirect increase in human presence on the lagoon ecosystem. To mitigate this impact, this OS boundary line has been relocated to include these bluffs within the OS zone. In addition, the project, as originally proposed, included six Dennis courts on the lowland flat immediately adjacent to the lagoon. Since these courts would significantly affect two sensitive bird species which nest on the site, this recreation area has been eliminated from the plan. 5. Visual Resources The proposed buildings were considered to have a significant impact on visual resources due to their large scale and mass (35 foot high, relatively unbroken structures visible along Carlsbad Boulevard) and to the fact that they are located on a bluff. The redesigned plan has eliminated units in the middle of the large buildings to open up and allow views through the project. The decreased density and increased visual relief should mitigate this impact. The six tennis courts on the lowland flat have been eliminated to mitigate the remaining identified visual impact. Staff feels that EIR 82-4 was prepared in accordance with the California Environmental Quality Act and has adequately identified and discussed the environmental impacts. For these reasons, staff is recommending CERTIFICATION of EIR 82-4. IV. ZC-260 - ANALYSIS Planning Issues 1) Are the proposed zones (RD-M and 0-S) both consistent with the general plan designations of RMH and OS, and compatible with surrounding zones? 2) Are the locations of the respective zones adequate to buffer the sensitive lagoon ecosystem? Discussion i It is staff's opinion that the RD-M zone placed on the upland portion of the property does correspond to the RMH General Plan designation. Since the site is extremely visible and sensitive, however, it is recommended that a Q (Qualified) overlay zoning be added to allow sufficient city input over the undeveloped portion of the site. The Q zone will in no way affect the ~3 — present tentative map request, since a Planned Development such as this meets the Site Development Plan requirement for this zone. In addition, the RD-M-Q zone is consistent with that recently placed on the Seabluff property immediately to the east. The applicant has indicated his agreement with this modification. The OS zone corresponds directly with the OS general plan designation. As previously mentioned, this boundary alignment has been revised to include the bluff within the OS zone. Staff believes that this new zone boundary, as shown on Exhibits "A" and "E" , provides sufficient protection of the lagoon. Exhibit "E" also delineates a small triangular area of the site that is highly visible where development should be precluded, but is not included within the OS zone. The developer has agreed to place an open space easement over this area, subject to the same restrictions as OS zones. Staff believes this to be an appropriate method of preserving this area. As a result, staff recommends a modification of the applicant's request, by the approval of the RD-M-Q and 0-S zones, as shown on Exhibit "A". If the Planning Commission agrees, your action would be to adopt the attached zone change resolution. V. CT 82-18/CP-214 - ANALYSIS Planning Issues v. 1) Does the project address the environmental sensitivities of the site? 2) Does the project meet the design criteria and development standards of the Planned Development Ordinance? 3) Is the project compatible with surrounding present and future land uses? Discussion As shown on Exhibit "B", the proposed condominium development will be located on the blufftop to the south of proposed Avenida Encinas. At its nearest point, the closest building will be set back 45 feet from the top of the lagoon bluff. Staff believes that this setback and its extensive landscaping will provide a sufficient buffer between the development and the bluff edge. i As proposed, the project meets the development standards and design criteria of the Planned Development Ordinance. Both common and private recreational facilities will be provided. The common facilities consist of two active areas including pools and clubhouse, and two tennis courts. Passive water features, meandering walkways, and picnic areas, are well distributed throughout the project. A lagoon observation platform and walkway to the beach help to enhance the extensive project landscaping. In addition, all the units possess private patios. The total recreation area is well in excess of 200 sq. ft. per unit as required by the Planned Development Ordinance. All resident parking is located in underground garages beneath each building. Sufficient parking for each building is contained within its garage. Most visitor parking is located on grade. while some buildings acomodate visitor parking just inside the entrance to the garage. Storage (located in the garages) , setbacks, and all other development standards and design criteria are met by this project. The project is proposed at 19.6 du/ac, which is at the high end of the density range for this area. The land use element of the general plan states that the criteria for allowing such high density includes: a) Slope of land - this project is proposed on nearly flat topography . b) Soil stability - soil studies on the site have indicated stable (sandy loam) soil with little erosion or landslide potential. c) Compatibility with surrounding uses - the general plan designates multi-family residential uses in both directions where development will be allowed. d) Flood Plain protection - the proposed development is not within a floodplain. e) Adequacy of public facilities - water sewer, and electrical facilities are all readily available at the northern lot line of the property. While Police and Fire service to the site is considered adequate, ultimate development of this entire quadrant of the City will eventually warrant an increase in facilities. When the railroad crossing is completed,, the commercial area at Interstate 5 and Poinsettia Lane will be in close proximity. f) On-site amenities - as previously described, this project contains numerous on-site amenities including views, recreation areas, extensive landscaping, etc. g) Preservation of unique natural resources - the proposed project contains over 10 acres of preserved lagoon and related wetland resources. : In summary, staff believes that the proposed project meets the criteria for the allowance of the high end of the density range, meets all the requirements of the Planned Development Ordinance, and maintains and preserves the sensitive lagoon habitat. We therefore recommend APPROVAL of the project. -5-- ATTACHMENTS 1) Planning Commission Resolution Nos. 2085, 2086 and 2087 2) Location Map 3) Background Data Sheet 4) Exhibit "A"f dated February 9, 1983 5) Disclosure Form 6) EIR 82-4 (Previously Distributed) 7) Exhibits "B", "C", "D", "E", "F", "G", and "H"f dated February 9, 1983 PJK:bw 2/15/83 -6- APPMHAMT CO, 82-4/ZC 260/CT 82-18/CP 214 Agenda Item No. 20 AMENDED CONDITION REGARDING BRIDGE BATIQUITOS POINTE Change Condition No. 42 to read as follows: 42) Prior to final map approval, the applicant shall enter into an agreement satisfactory to the City providing for construction of the Avenida Encinas Bridge crossing over the AT&SF railroad tracks.