HomeMy WebLinkAbout1983-11-15; City Council; 7567-6; General Plan Amendment to resignate areaCIT }F CARLSBAD — AGEND* JILL
O§
.J
oz
I
AR# f^fT=^-
MTG 11/15/83
DEPT. PLN
1 ' ' ut" (jhiNhKAL PLAN AMENDMENT TO REDESIGNATE AREA
EAST OF EL CAMINO REAL AND NORTH OF PALOMAR
AIRPORT ROAD TO PLANNED INDUSTRIAL & RES-
TrrtTNPTTAT PT3A/Tn ft"* 11 — PPTTKTW CS? CZVTVT T^Tl^V^
DEPT. HD.J4
CITY ATTY^
CITY MGR. J
&H
^S
^-
RECOMMENDED ACTION:
The Planning Commission and the staff are recommending that the City Council
direct the City Attorney's Office to prepare documents APPROVING GPA/LU 83-11.
ITEM EXPLANATION
The County of San Diego is requesting an amendment to the Land Use Element of
the General Plan. The proposed amendment would redesignate approximately 205
acres from open space (OS), to a combination of open space (OS), planned
industrial (PI) and low density residential (RL), on property located east and
southeast of the proposed public safety center (location map attached). The PI
area is consistent with the surrounding properties to the east, west and south.
The RL area is located at the north end of the property and is consistent with
the previously approved Handana property.
The major issue regarding the county's request involves the protection of the
riparian (stream) habitat which runs through the property. Staff feels that
county has left sufficient OS area to ensure protection of this significant
habitat (please see Exhibit X for proposed land use boundaries). A specific
plan will be required for this property before development as it is located in
the airport influence area of the general plan.
For further information please see the attached Planning Commission staff
report.
ENVIRONMENTAL REVIEW
The environmental impact report for the public safety center also covered the
subject property. The Council certified that EIR on December 21, 1982. The
Land Use Planning Manager issued a Notice of Prior Compliance on September 13,
1983.
FISCAL IMPACT
There will be no direct fiscal impact from the proposed project. Approval may
eventually save the City improvement costs on Faraday Avenue east of the safety
center.
EXHIBITS
1. Location Map
2. PC Resolution No. 2191
3. Exhibit X
4. PC Staff Report w/attachments
I OCATION MAP
SITE
CARLSBAD
OAKS
INDUSTRIAL
PARK
CARLSBAD PACIFIC
INDUSTRIAL PARK
COUNTY OF SAN DIEGO GPA/LU83-11
1
o A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PLANNING COMMISSION RESOLUTION NO. 2191
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM
OPEN SPACE TO PLANNED INDUSTRIAL, RESIDENTIAL LOW DENSITY
AND OPEN SPACE FOR 205 ACRES OF PROPERTY GENERALLY LOCATED
NORTH OF PALOMAR AIRPORT ROAD AND EAST OF EL CAMINO REAL.
APPLICANT: COUNTY OF SAN DIEGO
CASE NO.; GPA/LU 83-11
WHEREAS, a verified application for an amendment to the
7 Lgeneral Plan designation for certain property located, as shown on
o
^xhibit "X", dated October 12, 1983, attahced and incorporated
9 lerein, have been filed with the Planning Commission; and
WHEREAS, said verified applications constitute a request
for amendment as provided in Title 21 of theCarlsbad Municipal Code;
and
WHEREAS, the Planning Commission did, on the 12th day of
Dctober, 1983, hold a duly noticed public hearing as prescribed by
Law to consider said request;
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
j
relating to the General Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
ommission of the City of Carlsbad, as follows:
) That the above recitations are true and correct.
3) That in view of the findings made and considering the
applicable law, the decision of the Planning Commission is to
recommend APPROVAL of GPA/LU 83-11, as shown on Exhibit "X",
dated October 12, 1983.
Findings;
I
1) The project site is physically suitable to accomodate
development permitted by the proposed land use designations,
as discussed in the staff report.
3
2) Uses allowed by the proposed land use designations would be
compatible with surrounding land uses, as discussed in the
staff report.
3) That all significant environmental impacts have been
mitigated, the project has been changed so as to mitigate
4 these impacts, or social or economic factors exist which
override these significant impacts as described below:
5
A) Hydrology
6
Impact: Development will result in increased storm water
erosion.
9
10
11
12
13
14
17
18
19
20
21
22
23
24
25
26
27
28
flows.
Impact: Grading activities could accelerate soil
Impact: Increased sediment loads can lead to clogging of
waterways, increased flooding problems, adverse aesthetic
conditions and damage to habitat.
Mitigation: The project area has been redefined
to stay out of natural watercourses to minimize
these impacts. The specific plan can require
that grading only be permitted during the dry
season, and that permanent landscape plantings
are to be planted promptly after grading is
completed.15
B) Archaeological Resources16
Impact: Project implementation will disrupt four
archaeological sites at their present locations on site.
Mitigation: A qualified archaeologist will
determine the significance of the archaeological
deposits identified on the property through a
test program designed to investigate the site's
extent depth and contents. Recommended testing
will be required in the specific plan by a
qualified archaeologist.
PC RESO NO. 2191
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) Land Use
Impact: The proposed project without adequate shielding
measures could render the UCSD radio-telescope, located
on the Dawson-Los Monos Canyon Reserve, unusable.
Mitigation: It is inevitable that development
will gradually encroach closer and closer to
this use, eventually causing its relocation. A
specific plan is required for this subject
property and mitigation measures, such as
placing electrical distribution lines
underground and installing electrical shielding
devices could be provided as part of the
specific plan.
Impact: The project area could be subject to the hazard
of emergency aircraft landings.
Mitigation: The County of San Diego has clear
zone property located just to the south of the
subject property which could be utilized for
emergency landings.
D) Land form/Topography
Impact: The proposed project and subsequent grading
operations will result in permanent alterations to the
existing natural terrain.
Mitigation: In accordance with mitigation
recommend in the EIR, the specific plan will
require grading controls to minimize impacts
including creative building siting, following
natural topography in developing pad areas and
contour grading to blend in with hillsides.
All grading activities will be carried out to
the standards and regulations of the City's
grading ordinance.
PC RESO NO. 2191
1
2
4
5
7
E) Geology and Soils
Impact: As a result of grading operations, settlement of
soft compressible soils in fill areas could occur.
3
Mitigation: All grading and site preparation
activities will be conducted in accordance with
the City of Carlsbad grading regulations and the
site specific recommendations of a geotechnical
consultant.
6
Impact: Removal of vegatation during grading activities
will expose underlying soils to increased potential for
erosion by wind and water.
8
Mitigation: To minimize the short term impact
of increased erosion potential, all grading
areas not suited for construction should be
planted with rapidly developing vegetation as
soon after construction as practical, as
11 required by the City Grading Ordinance.
12 Impact: Groundshaking could occur from seismic activity
along one of the active fauly zones in the region.
Mitigation: All structures will be designed in
accordance with the seismic standards of the
California Building Code.
J. D
F) Biological Resources16
Impact: Development of the project site could degrade
existing riparian habitat
18 Mitigation: Land use designations were
delineated to protect riparian habitat in Open
Space. The specific plan and the City of
Carlsbad grading regulations are anticipated to
20 i provide adequate erosion controls to limit
degradation by siltation.
lw J.
G) Circulation22
Impact: The project will generate 6,800 trips per day on
nearby roadways.
24 Mitigation: Impacts are considered minimal.
Roadway improvements, accompanying development,
25 j should mitigate increased traffic volumes.
26 I ////
27 ////
28 PC RESO NO. 2191 4.
9
10
11
15
27
28
1 H) Air Resources
2 Impact: Grading and construction activities represent a
source of fugitive dust which, along with construction
3 exhaust emissions, could have a short term impact on
local air quality.
4
Mitigation: City grading regulations are
5 anticipated to mitigate short term grading and
construction impacts.
6
Impact: Industrial uses could potentially subject the
area to the accidental release of toxic or noxious
emissions.
8
Mitigation: City ordinances prohibit nuisance-
type industrial uses.
I ) Acoustic Environment
Impact: Construction activities will increase noise
levels on a short term basis.
12
Mitigation: The specific plan will require that
construction be limited to daytime hours only.
J) Public Utilities and Community Services
Impact: Demand will be increased.
Mitigation: The propsed project will
incorporate all recommendations and requirements
of the City of Carlsbad Water Department and
the Costa Real Municipal Water District when
specific site designs are evaluated.
Mitigation: Development of the project will be
coordinated with construction of additional
sewage treatment capacity.
Mitigation: To help mitigate potential fire
hazards, all development will conform with
appropriate building and fire code
specifications, including the following:
a) Installation of sprinkler.systems in all
industr-ial buildings.
b) Adequate street widths to insure fire
fighting vehicle access.
c) Use of fire retardant building
materials.
d) Buffer areas of fire retardant
vegetation.
e) Adequate water pressure for fire
fighting purposes.
PC RESO NO. 2191 5.
7
1 K) Aesthetics
2 impact: The visual character of the site will be changed
from semi-rural to urban.
3
Mitigation: The specific plan can require that
4
5
6
7
8
9
10
11
12
13
14
18
19
20
21
22
23
24
25
26
27
28
the building materials and architectural design
will be compatible with the overall design theme
in the Palomar Airport area.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, Calfornia, held on the
12th day of October, 1983, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners Rombotis,
Marcus, Lyttleton and Rawlins.
NOES: Commissioner Farrow.
ABSENT: Commissioners Farrow.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
15
ATTEST:
16
17
MICHAEL J. HOLZMILLER
LAND USE PLANNING MANAGER
PC RESO NO. 2191 6.
CC JNTY OF SAN D.£GO
CARLSBAD OAKS
CITY SAFETY a JSSSBS
SERVICE CENTER m
(NOT A
XvX-iMK-jX'-wx-x
PALOMAR
TRANSFER
STATION
EXHIBIT X
OCTOBER 12, 1983
\
APPLICATION SUBMITTAL DATE
JULY 1983
STAFF REPORT
DATE: October 12, 1983
TO: Planning Commission
FROM: Land Use Planning Office
SUBJECT: GPA/LU 83-11 COUNTY OF SAN DIEGO - Request to amend the
Land Use Element of the General Plan to designate land
as Planned Industrial, Residential Low Density and Open
Space north of Palomar Airport Road and east of El
Camino Real.
I. RECOMMENDATION
It is recommended that the Planning Commission ADOPT Resolution
No. 2191, recommending APPROVAL of GPA/LU 83-11, based on the
findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
The applicant is requesting approval of an amendment to the Land
Use Element of the General Plan to designate approximately 205
acres Planned Industrial (PI), Residential Low Density (RL, 0-
1.5 du/ac) and Open Space (OS), located as described above. The
irregularly shaped parcel surrounds the City's proposed Safety
and Service Center to the north, east and south. The project
site is comprised of slopes, valleys and related riparian areas
of much of the Agua Hedionda Creek watershed. The subject
property is vacant and covered by natural vegetation. The site
is characterized by eroding hillsides and well-defined
drainages. Elevations on-site range from 100 to 400 feet above
sea level.
The project site is currently designated Open Space (OS) by the
Land Use Element of the General Plan. Adjoining the site, to
the east, is the undeveloped Carlsbad Oaks industrial park,
designated PI and OS. The airport "clear zone" lies to the
south. The Mandana Company's Carlsbad Ridge project, designated
RL, borders to the northwest. The Dawson-Los Monos Reserve
exists to the northeast. Surrounding land uses to the west
include the Palomar Transfer Station, Palomar Tech Centre,
Beckman Instruments and the proposed City Safety and Service
Center. All are designated PI and topographically distinguished
from the site on elevated plateaus.
The project site is proposed to be primarily served by the
westward extension of Faraday Avenue, a secondary arterial.
Faraday Avenue would also provide access to the City Safety and
Service Center and the Carlsbad Oaks property, eventually
joining Melrose Drive. Secondary access, to the southern
portion of the property, would be acquired through an extension
of the roadway which formerly served the Palomar Transfer
Station.
A request to designate the subject property Planned Industrial
was previously considered in November 1982, in conjunction with a
similar request by the City of Carlsbad to accomodate the
proposed Safety and Service Center. The City property, being a
level mesa top with access readily available, was designated for
Planned Industrial development. The request to amend the
designation for the balance of the property was denied without
prejudice pending the establishment of a new alignment for
Faraday Avenue (Los Monos Road).
An Environmental Impact Report, addressing both the City of
Carlsbad and County properties, was prepared and certified at
the time off the previous consideration. With respect to
eventual industrial development of the current project site, the
Environmental Impact Report identified potential significant
impacts to landforms and topography, hydrology, archaeology and
biological resources.
III. ANALYSIS
Planning Issues
1) What are the most appropriate land use designations
for the suubject property?
2) Have all environmental impacts, associated with the
proposed amendments, been adequately mitigated?
Discussion
Staff believes that a combination of Planned Industrial (PI),
Open Space (OS) and Residential Low Density (RL) are the most
appropriate land use designations for the subject property. As
shown on attached Exhibit "X", the majority of the site would be
designated Planned Industrial. Riparian woodland areas would be
protected in Open Space. A smaller area at the northwest of the
project site would be reserved for Residential Low Density, 0-1.5
du's/ac.
The portion of the project proposed to be designated Planned
Industrial is bordered to the east and west by similarly
designated property. Future land uses, therefore, are
anticipated to be compatible. This area is divided into two
areas, north and south of the planned extension of Faraday
Avenue. The two areas, approximately and acres, are
adequate in size to accomodate development permitted in Planned
Industrial areas.
-2-
The proposed PI area, north of the roadway, has been delineated
to avoid the sensitive riparian areas. The area shown for
Planned Industrial would represent the limits of grading of
eventual development. Surrounding riparian areas to the west,
north and east would be designated Open Space.
The property south of Faraday Avenue and north of the "clear
zone" would also be designated Planned Industrial. Open Space
areas have not been specified in this area although some may
occur when further grading studies are developed. The terrain
in this area contains varying elevations, hills and valleys.
Through the specific plan process staff intends to work with the
applicant to minimize necessary grading and alterations of the
natural topography.
A smaller area of land, at the northwestern portion of the
subject property, would be designated for Residential Low Density
(RL) development. This portion of the project, approximately
eight acres, is suitable in size to accomodate a limited number
of dwelling units. This portion of the project relates most
closely to the Mandana Carlsbad Ridge property. During
development of that tentative map, the provision for possible
future access to the subject property was provided. Staff
believes that the site topographically identifies with adjoining
residential property, that future land uses would be compatible
and adequate buffering from industrial property to the south
would be accomplished by large slopes and riparian areas proposed
for open space.
Staff believes that all environmental impacts, associated with
the proposed amendments, have been mitigated, or future
mitigation can be provided. The project is within the Airport
Influence Area requiring preparation of a specific plan prior to
zoning or development. Staff believes that all environmental
impacts of development that are not mitigated at this time, can
be mitigated through the specific plan process.
The EIR identified potential significant impacts to biology and
hydrology as a result of designating the 205 acres for Planned
Industrial development. Staff believes these impacts can be
mitigated by designating major riparian areas for Open Space. As
discussed in the EIR, the most significant biological resource on
the project site are the areas of riparian habitat. Thses areas
are all the more significant due to their interconnection with
the Dawson-Los Monos Reserve and the Carlsbad Oaks area habitat.
Designation of these areas as OS would provide continuous •
corridors of open space linking the Reserve, the Carlsbad Oaks
property and the Agua Hedionda Creek area. Staff believes that
preservation of the riparian areas, indicated on Exhibit "X", in
Open Space would adequately mitigate potential impacts to
hydrology and biological resources, at this level.
-3-
Staff further believes that the specific plan process can be
utilized to mitigate future impacts to land forms and topography,
hydrology, archaeology and biology. Grading controls, in the
specific plan can be used to mitigate impacts to topography,
hydrology and biology. Staff will work with the applicant at the
specific plan level to minimize grading and related impacts
through creative site design.
Mitigation of archaeological resources would be required by the
specific plan prior to any development or grading. Further
protection against impacts to biology and hydrology would also
be provided for in the specific plan.
Staff believes that the proposed land use designations, as shown
on Exhibit "X", are the most appropriate for the project site
and that by utilizing the specific plan process all significant
environmental impacts of development associated with these
designations can be adequately mitigated.
IV. ENVIRONMENTAL REVIEW
The Land Use Planning Manager had determined that the
environmental impacts of this project have already been
considered in conjunction with another project and previously
certified environmental documents and therefore, issued a Notice
of Prior Compliance on September 13, 1983.
ATTACHMENTS
1) Planning Commission Resolution No. 2191
2) Location Map
3) Background Data Sheet
4) Disclosure Form
5) Environmental Documents
6) Exhibit "X", dated October 12, 1983
CDN:bw
9/28/83
13
CARLSBAD CHAMBER OF COMMERCE
POST OFFICE BOX 1605 CARLSBAD, CALIFORNIA 92008 (619)729-5924
November 1, 1983
Mayor Mary Casler
CITY OF CARLSBAD RE: Agenda Bill #7548 B
1200 Elm Avenue -2--
Carlsbad, CA 92008
Dear Mayor Casler,
Our Growth Management Ccmnittee will be asked to look into the above mentioned
issue in the near future.
There seems to be a conflict between proper land use planning and the county's
possible intent to get into the industrial development arena. Inasmuch as
we have several developers with large inventories of industrial land, we /jould
hope that the latter is not accurate.
We asked for and received a delay relative to this general issue at yesterday's
Board of Supervisors meeting (agenda item 8) . If action is going to be taken
on this matter tonight, we ask for a continuance. Vfe have not had the time to
review the impact on our current industrial lard bank.
Thank you for your consideration and I apologize for not being on hand personally.
Sincerely,
Doug Yavanian, Executive Vice President
CARLSBAD CHAMBER OF COfMERCE
cc: Richard Chick, Robert Prescott, Ann Kulchin, Claude Lewis,
John McCoy, Bruce Liska
cjm
CARLSBAD CHAMBER OF COMMERC' "FICES. ELM AV<*"•>(. A' OLD SANTA ff DEPOT
PAUL A. PETERSON
JOHN D.THELAN
ROBERT M. CANS
GREGORY C. M. GARRATT
EDWARD F. WHITTLER
LYNNE L. HEIDEL
CHARLES W. FROEHLICH, JR.
OF COUNSEL
PETERSON, THE LAN 8 PRICE
A PROFESSIONAL CORPORATION
LAWYERS
230O CALIFORNIA FIRST BANK BUILDING
53O B STREET
SAN DIEGO, CALIFORNIA 92101-4454
November 22, 1983
TELEPHONE
AREA CODE 619
234-0361
FILE No.
2095.03
Mayor Mary Casler and
Members of the Carlsbad City Council
1200 Elm Avenue
Carlsbad, CA 92008
Re: GPA for County-Owned Property (GPA/LU 83-11)
Dear Mayor Casler and Members of the Council:
We are assisting the County of San Diego and its
consultant, Municipal Engineers, Inc., in processing an
amendment to the Carlsbad General Plan to facilitate a planned
industrial development within a portion of the County's
205-acre property located north of Palomar Airport Road and
east of El Camino Real. Approximately 65 acres would receive a
new designation of "Planned Industrial" and approximately
3 acres would receive the "Low Density Residential" designation
on the City General Plan.
WE SUPPORT THE PLANNING COMMISSION AND
PLANNING DEPARTMENT RECOMMENDATIONS
THAT GPA/LU 83-11 BE APPROVED
Both the Planning Commission (by a 5 - 1 vote) and the
Planning Department have recommended approval of the General
Plan Amendment, which would provide the following benefits:
Mayor Casler and Members of the Council
November 22, 1983
Page Two
1. Dedication and construction of a significant portion
of Faraday Road, a circulation element road on the City's
General Plan;
2. A high quality, phased development, pursuant to a
Specific Plan to be applied for by the County (pursuant to
Board of Supervisors Policy F-20) and approved by the City;
3. Ultimate development by private enterprise of
individual industrial sites under leases with the County, and
pursuant to the Specific Plan approved by the City and
individual Planned Industrial Permits as required by the City's
P-M zone;
4. Additional funds to the City from property taxes,
sales taxes, business licenses, gas taxes, etc.;
5. Additional local jobs, consisting of temporary
construction employment and permanent employment after
construction is completed;
6. Preservation of significant open space corridors
in the Los Monos Canyon area;
Mayor Casler and Members of the Council
November 22, 1983
Page Three
7. Long-term agricultural use of the clear zone area
located at the south end of the property; and
8. Access by the Beckman "South Campus" property to the
existing County-owned private road which runs along the western
edge of the County property.
It should be noted that the County's application for this
General Plan Amendment is pursuant to a provision in the
Purchase and Sale Agreement between the County and the City,
whereby the City acquired the 26-acre site proposed for the
City Operations Center. The additional 65 acres (gross) which
would be designated "Planned Industrial" are within the Palomar
Airport Road industrial corridor and represent an increase of
approximately 3% in the total industrial acreage along that
corridor.
We respectfully request that the City Council approve the
General Plan Amendment.
Very truly yours,
PETERSON, THELAN & PRICE
A Professional Corporation
GCGrslr Gregory C. M. Garratt
cc: County of San Diego
Municipal Engineers, Inc.
390 OAK AVENUE, SUITE "0"
P.O. BOX "B" CARLSBAD, CA 92008
Telephone (714) 729-9242
Nov. ?2, 1983
City Council
1200 Elm Avenue
Carlsbad, Ca. 92.)08
Re: GPA/LU 83-11 County of San Diego
Honorable Members:
First of all, we appreciate the postponement of this item to give us
time to analyze the issues. I am Chairman of the Growth Management Committee
of the Carlsbad Chamber, and at our regular monthly meeting on Monday, Nov. 21,
1983, the committee voted to oppose this rezoning on the basis of our philosophy
that no government entity should compete with the private sector, and at the
present time, there is sufficient vacant industrial ground available in Carlsbad
so that the change in the general plan is not necessary. Mr. Gregory C. M. Garratt,
attorney at law, and Mr. Charles R. Crull, Reg. Civil Engineer of Municipal
Engineers, Inc., were at our meeting and gave their presentation and answered
our questions.
Problems connected with this rezone are as follows:
1. All funds generated from this project should be used for improvement
of the streets, etc., in and about the airport area as well as the airport itself.
2. The County of San Diego should not receive any economic advantages
which are required of the private sector. For example, the County should also
be required to participate in the public facility fees program.
3. The County should be required to put Melrose back into the circu-
lation element for that portion south of the city limits to the proposed Hwy. 680.
4. Any development which would be considered by the County on this
industrial land should be required to be as compatible if not better than other
industrial projects in the area such as the Koll project, Birtcher Pacific, etc.
5. We assume all revenue from taxes would be lost to the City for the
land and improvements if the land remained in the ownership of the County.
6. Vie feel that the transfer facility should be maintained until a
suitable offer is presented to the County.
7. No approval should be given for this project un^il such time as the
Board of Supervisors approves all conditions.
Again, I would like to thank you for continuing this matter and appreciate
your courtesy in receiving our testimony.
::XT:HC:IBE OF >POV;I:PJ; ^Gninn-^iiT BETWEEN THE
.COUNTY OF SAN DIEGO A'.TD TEE CITY OF EI> CAJOH
OvE/iTI^G A?: AGE13CY TO BE KKOV7N AS THE
. GILLI-ESPIE FIEXD PITCEXOPKENT COUNCIL
" •
/ * " •
THIS AGREEMENT nade and entered into -this 19th aay of. • •
. March ___, 1S>7_4_, by and between the COUTTTY OP SAN
DIEGO, State of California, a public corporation, iiereinafter
referred to as "COUNTY", and the CITY OF EL TAJbN, a rrrranicipnl
corporation of the State of California/ herf after referred to
as "CITY"; ' ''•'-.'''
•:.'- 'W I'T N 32 S S E T'H:
V7HEREAS, City and County are each-.empov7ered by lav; to operate• •.•
'an airport and to develop an industrial park -thereon; and
WHEREAS/ it is in the public interest that the County zsnd
•-the City cooperate in the proper development of Gillcspie Field;
»
and . '
WHEREAS, it is in the public interest that the industrial
and "economic development of GillcspJe Pield be accelerated in
a convenient.and orderly manner; and
imEREAS/ in order to achieve proper development, of Gillcspic
Field it is necessary to establish operation guidelines and poli-
cies which will provide flexibility and responsiveness to develop—
-Tp.ent needs; 'MOV? THEREFORE
In consideration of the premises and their rjnlojal covcnanis /
at is ^utnally agreeci by and betr«-:eej^ the parties hereto as
O
r.KCTION 1. y.urpose. This /vgrccrncnt -* *, /nndc pursuant: l:o
the provisions of Article 1,' Chapter 5, Division 7, Title 1»
(commencing with Section 6500) of the Government. Code of the
•
Statp of California [the "ACT"]) relating to the joint exercise
of powers common to the Public Agencies. The Public Agencies
each possess the common powers referred to in the recitals
• • *
.hereof. The purpose of this Agreement is to exercise such
powers jointly by cooperative implementation of- the industrial
and economic development of Gillespie Field. Such purpose will
i>e accomplished, and said* common powers exercised, in the manner
hereinafter set forth. " '
SECTION 2. Term. . " ^i
A. . This Agreement shall become effective as of the date
•
the same is executed by the parties-hereto, and shall continue in
* f
. full force and effect for a period of 10 years from such effec-
tive date or until such lesser time as the parties hereto should
mutually find that the objectives 'of the Agreement have been
substantially achieved. In any event", this Agreement will
expire no later than 10 years -from the effective date hereof,
unless extended by the mutual consent of the parties hereto.
B. In determining whether or not the objectives of the
Agreement have been substantially achieved, the following criteria
should be considered: .
•{!) Extent of, development of the field; •
• (2)" Economic stability of the development;
O
, • (3) Contim, , need for cooperative plcmcntation of
development of the field. »
. •
SECTION 3. Gillespie Field Development Council.
A.. Creation of Council. There is hereby created the
Gillespie Field Development Council, hereinafter referred to as
the "COUNCIL". ' The "debts, liabilities and obligations of the
Council shall not constitute debts, liabilities or obligations
•
of either City or County. •
B. Membership. The Council shall be composed of five (5)
" "J «
members, three of whom shall be nominated by the- Board of Super-
visors of the County of San Diego and two- of whom shall be
nominated by the City Council of the City of El Cajon. No
* • .
person shall be nominated or appointed who is a member of the
governing body-or planning commission or a full-time employee
•
o£ the County of San Diego or"-the City of El Ccxjon. If a member
of the Council becomes a member of such governing body or
• planning commission, or a full-time employee of the County or City
• during his term of office, he shall be removed from the Council
and his position shall be declared vacant. Appointment of each
Member shall be made by mutual agreement of both entities and
-ratified by actions of both the Board of Supervisors and the
'. City Council.
(1) To qualify for appointment, a nominee must have
expertise and experience in such fields as real
--estate', finance, industrial development,- av5.ation,
-or other fields related- to the development program
* • *
•for Gillespie Field, and have a. demonstrated interest
in .the economic viability of the x.
(2) The Board of Supervisors shall nominate one
Member for a two-year term and two Members
*
for' a four-year term; and the City Council
of the City of El Cajon shall nominate one
Member for a two-year term and one Member
for a four-year term. The initial term shall
' be computed from the date hereof. Upon the
expiration of the initial terms, all succeeding
terms shall be for four years. Members shall
hold membership during the term for which they
were appointed and until their successors have
been appointed and qualified except that Members
may be removed-at any.time for any reason by^the
City Council in the case of Members nominated by
said Council or by the Board of Supervisors in the
. . . case of Members nominated by said Board. In the
case of. a vacancy, the same shall be promptly
filled by appointment thereto following nomination
by the City Council in the case of a vacancy as
to v:hich said Council has the power of nomination,
or by the Board of Supervisors in the case of a
vacancy as to which said Board has the power of
«
•nomination. An appointment .to fill a vacancy
occuring during an unexpired term shall be for
• •
the period of the unexpired term.
(3) Meetings. The Council shall provide-for its
•" . * • '
regular meetings;.provided, however, it shall hold
at least two meetings in each year and such further
meetings as may be necessary.- The dates upon which,
. •
• and the hour and place at which, any meeting shall
be held shall be fixed by the Council. .. The Council
shall adopt rules for conducting its-meetings and
other business, and shall elect a Chairman and Vice •
Chairman. All'meetings, including without limita-
• , tiori, regular, adjourned regular and special meetings,
shall be called, noticed and held and conducted in
accordance with the provisions of the Ralph M, Brown
• »
Act (commencing with Section 54950 of the Government
• " '
Code of the State -of California). ' v~
(4) Quorum. Three members present at a meeting of the
'Council shall constitute a quorum for the transaction
of business, except that a .lesser number may adjourn
for lack of quorum. :
(5) Officers. The Council shall elect- a Chairman and .Vice
Chairman at its first meeting and thereafter at the
first meeting held in each succeeding calendar year
the Council shall elect or re-elect its Chairman and
Vice Chairman. In the event that the Chairman or•
Vice Chairman so elected ceases to be a member of
the Council, the resulting vacancy shall be filled
• .
at the next meeting of 'the Council held after such
. ' vacancy occurs. In'the absence or inability of
. • . «
the Chairman to act, the Vice Chairman shall act
,.' . • as Chairman.. The Chairman, or in his absence the
' ' i .
Vice Chairman, shall preside at and conduct all
meetings of the Council. The Clerk of the Board of
Supervisors shall be and act as the. Secretary of the
.'
Council. The County Treasurer shall act as the
. 'Treasurer and the County Auditor and Controller
shall act as the Controller of the Council. The
County Counsel or the City Attorney .upon request
. shall attend the meetings of the Council and shall
* ,
also on request advise the -Counc.il in -connection . •
*
with any business relating to County or City, respec-
•
tively. The Council may employ other counsel to
represent the Council in any manner, to be paid from
••'.**
'—- funds made available'for such purpose by either City
or County,
SECTION 4. Powers and Duties of the Council.
-; ' ' " • , . .
' -A, The Council shall be responsible for the overall execu--
. • ".•.---•-;• - ;• "<•'••"•••- •••:•• -,t,-
tion of the Master Plan for Gillespie Field as. adopted by the . ^"
;. •«' . i • •*."
County of San Diego. The term "Master Plan" as-used herein
" t, ' •' •. •• -;.'.* y.v- ..-•" -'• •"
shall include the FAA-approved airport .'.layout plan, applicable
^County Ordinances, Special Use Permits, Development Standards,•
Performance Standards, Priorities and Policies approved by the
.—Board of Supervisors. . "
* * *
D. The Council shall develop a set o'f consistent priorities
policies and standards to be applied to proposed- development
v.'ithin the Gillcspie Field area which shall take into account
• .
both the desirability of various types of develppment and the
sequence of development. The Council shall implement the Master
» ~ ~*"~ • •
Plan in accordance with such consistent policies and standards.
C. The Council shall make available to the Airports Division
cuch specialized expertise as it has in real estate, industrial
development, industrial finance, and related areas, as may be
required by said-division. However, Council shall not have the
authority to retain consultants to advise it as to such matters
unless this Agreement is amended to. give such authority to the
Council. •
"~ D. The Council shall have the power to retain legal counsel
and to sue and be .sued in its own name.
E. The Council shall review and make recommendations to the
Board of Supervisors on all expenditures relating to Gillespie
Field and the County will appropriate funds necessary for the opera-
tion of Gillespie Field and the execution- of the terms of this
•
Agreement as the Board of Supervisors deems appropriate.
F. The Council shall, after receipt of staff recommendation,
recommend approval or denial of proposals for leases for development
•of any portion of the Gillespie Field area.
G. The Council shall thereafter forward to the Board of
Supervisors rccoivraendations concerning potential leases of property
.
on the field by private enterprise for Board approval only when the
*
-Council has determined that such potential lease is in strict
.-•conformunce with tho Raster Plan as defined herein..
-7-
jr. The Council thall make seni-artnual reports to the San
Diego County Board of Supervisors and the El Cajon City Council
concerning progress on development of the field.
I. The Council shall endeavor to cause the use of the
commercial, industrial, and aviation-business related properties
.within the Gillespie Field area in a manner consistent with the
Master Plan and the priorities established .by the Council.
.SECTION 5. Powers and Duties of the Airport Division.
A. The Airpor.ts Division of the Department of General
Services, San Diego County Public Works Agency shall be
responsible for the day-to-day execution of the Master Plan
for the Gillespie Field area. . • .
• • -
B. The Airports Division-shall assist the-Council in the
development of a set oi priorities fur implementation of the
-Master. Plan. '
_C. The Airports Division shall be responsible on a day-to-
day basis for the solicitation, negotiation, and implementation
•of all leases consistent with the Master Plan and the priorities
•
established by the Council.
*
: D. The Airports Division shall request the Council to
provide for the retention of such technical experts in marketing
&nd development as may be necessary and appropriate.
,E«___The Airport's Division shall refer to the Council any
proposals for development and potential'leases with the endorse-
ment as to its compliance with the Master'Plan and existing Council
priorities, policies and standards.. * » -.
E. The Airports Division shall prepare and deliver to
the Council recommendations concerning development of the field.
./• . •
• G. The Airports Division shall be responsible in all
respects for operation of.both the aviation and non-aviation
activities at Gillespie Field, and enforce 'the provisions of
all leases and related covenants'.
H. The Airports Division shall report informally to the
Council at its meetings an3 prepare a semi-annual report for
presentation to' the San Diego County Board of Supervisors and
the El Cajon City Council. .
SECTION 6. Disposition of Assets. Upon the termination
of this Agreement, all property of Council shall be returned
to the parties in proportion to the aggregate amount of con-
tributions (moneys and property, not services), if any, .made
by City and County. "-
SECTION 7. Assistance to Council. City and County may in
--appropriate circumstances: ' •.
A. make contributions from their treasuries for the pur- .
poses set forth .herein,
B. make advances of public funds to defray the cost of
nuch purposes,
C. use their personnel, equipment or property in lieu of•
other contributions or advances.
-The provisions of Government Code Section 6513 are hereby incor-
• • •
porated into this Agreement. • -. •
SECTION.8. Accounts and Reports. , The Controller shall
establish and maintain such funds and.accounts as may be required
• •
by good accounting practice. The books and records of Council
in the hands of the Controller shall be open to .inspection at
. •
nil reasonable -times by representatives of City and County. The
Controller within 180 days after the close of each fiscal year,
chall give a complete written report of all financial activities
for such fiscal year to City, County and Council.
- * ' »
Additionally, the Treasurer shall assume the duties required
by the laws of the State of California, including the following:
A.- Receive and receipt for all money of Council and place
it; in the County Treasury to the credit of Council;
B.. Be responsible upon his official bond for 'the safe-
k^pn^ng and disbursement of all Council money 'so held by him;
•
C» Pay any sums due from Council money upon warrants of
the Controller of Council; • "'
D. . Verify and report in writing on the first day of July,
October, January, and April of each year to Council and to City
-and County the amount of money he holds for Council, the amount
of receipts since his last report, and the amount paid out since
his last report.
SECTION 9. Funds. The Treasurer of Council shall have
the custody of and disburse Council funds pursuant, to the
• accounting procedures developed in accordance with the pro-
—visions of .Section 8 hereof and as nearly as possible in
• •
accordance with normal County procedures.
-10-
The public officers (namely, the Controller and Treasurer)
herein-designated as the persons responsible for any moneys of
. Council are- hereby designated as.responsible for all other
• •
property of Council. The parties to this Agreement hereby find
and determine that the Controller shall be liable on his official
bond in the amount of $50,000 and the Treasurer shall be liable
on his official bond in the amount of $300,000. '
SECTION 10. Notices., Notices hereunder shall bs sufficient
if sent by regular mail, postage prepaid, to:
* *
City: City Clerk -
. - - City Hall
•P.O. Box 427
El Cajo.n,' California .92020• .
County: Clerk of the Board" of Supervisors
. - County Administration Center
1600 Pacific Highway .' • ,
( • ' Bnn Diego, California 92101•.
»
SECTION 11. Misccllanoous. The section headings herein
"are for convenience only and are not to be construed as modifying
or governing the language in the section referred to. Whenever
in this Agreement any consent or approval is required the same
shall not be unreasonably withheld. - This Agreement is made in
• 'the State of California under the Constitution and lavs of such
State and is to be so construed.
SECTION 12. S e vc:rabi1 ity_. Should any part, term, portion
or provision of this Agreement, be by the courts decided to be
illegal or in conflict with any law of the State of California,
or otherwise be rendered unenforceable or ineffectual, the validity
" " • »•
r~\ of the remaining parts, terms, portions or provisions shall be
, 1
dccmod severable and shall not be affected thereby, provided
such remaining portion or provisions can be construed in sub-
stance to continue to constitute the agreement that the parties
intended to enter into in the first instance.
SECTION 13. Successors. This Agreement shall be binding
upon and shall inure to the benefit of the successors of the
parties hereto, '
SECTION 14. Notice .of Creation. A notice of the creation
of the Council by this Agreement shall be filed with the Secretary
of State pursuant to Section 6503.5 of the Government Code by
the Agency. •
IN WITNESS WHEREOF, the parties hereto have caused this
.Agreement to be executed and attested by their proper officers
thereunto duly authorized, their official seals to be hereto
affixed, as of the date first above written. . .
CITY OP EICAJON
TTEST: ' . By
es
Mildred R. Hensley ,
City Clerk
' '"*'
V
APPROVED AS TO FORM this of
_
Snapp, M avoir
Appor/od r^kd/or airthorlred by the Eo,
ci Supsrvicors of the County of San Die
MAR 19 1974 // '? <19
CDO U () a 1 , cTtiy Attorneyt •Ctork of ttw Board of Supervisors
COUNTY,/OF SAN/x DIEGO
'&Mi cL.4.^J
JESSE OSUNA, County Clerk _
^> &
Board of Supervisors
Deputy
7.PPROYEQ AS TO FORi-i this .
ROD:.:RT G. BZKKI-:Y.O county,
^\ ...... . , AIJ
urf
l)
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of San Diego County
3138 ROOSEVELT ST. • P.O. BOX 248 • CARLSBAD, CA 92008 • 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of San Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of San Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE OF PUBLIC
'HEARINGGPA/L'U 83-n
NOTICE IS HEREBY GIVEN that
the City Council of the City of Carls-
bad will hold a public hearing at
the City Council Chambers. 1200
Elm Avenue. Carlsbad, California,
at 8:00 P.M., on Tuesday, November
1.1983, to consider an application
for an amendment to the Land UseElement of the General Plan to des-
ignate 205 acres Planned Industrial
(PI), Residential Low Density (RL,
0-15 du"a+) and Open Space on
property generally located north of
Palomar Airport Road and east of
El Camino Real and more particu-
larly described as:
A portion of Lots "A" and "B" of
Rancho Agua Hedionda, in the City
of Carlsbad, according to Map
thereof, No. 823, filed in the Offices
of the County Recorder, November
16, 1896.
Applicant: County of San Diego
CARLSBAD CITY COUNCIL
- LOCATION MAP
SITE
.October. j.9 19.83.
19
19.
19
19
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on the 1 9-Kb
day of Qr-i-nher 198'
Clerk of the Printer
NOTICE OF PUBLIC HEARING
GPA/LU 83-11
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad
will hold a public hearing at the City Council Chambers, 1200 Elm
Avenue, Carlsbad, CAlifornia, at 6:00 P.M., on Tuesday, November 1,
1983, to consider an application for an amendment to the Land Use Element
of the General Plan to designate 205 acres Planned Industrial (PI),
Residential Low Density (RL, 0-1.5 du'/ac) and Open Space on property
generally located north of Palomar Airport Road and east of El Camino
Real and more particularly described as:
A portion of Lots "A" and "B" of Rancho Agua
Hedionda, in the City of Carlsbad, according to
Map thereof, No. 823, filed in the Offices of
the County Recorder, November 16, 1896.
APPLICANT:
PUBLISH:
County of San Diego
October 19, 1983 CARLSBAD CITY COUNCIL
LOCATION "MAP
SITE
CARLSBAD j
OAKS :
INDUSTRIAL
PARK
AIRPORT
CAM HP A/I II ft 3-11
COUNTY OF SAN DIEGO
APPLICATION FOR GENERAL PLAN AMENDMENT
PALOMAR AIRPORT INDUSTRIAL PARK
July 27, 1985
Envelopes were made for the following listed parcel owners:
PARCEL NOS.NAME ADDRESS
169-230-03-00 The Regents of the University
of California
(?Q\ • 209-041-01-00 Palomar Tech. Centre Partnership
U6) 209-041-02-00 Beckman Instruments Inc.
209-041-17-00 Palomar Tech. Centre Partnership*
209-041-18-00 Palomar Tech. Centre Partnership*
209-050-04-00 Title Insurance § Trust Company
H A 409
c/o J. M. Gessleman
209-050-19-00 Costa Real Municipal Water District
209-050-21-00
209-050-26-00
Title Insurance § Trust Company
H A 409
c/o J. M. Gessleman
City of Carlsbad
209-050-27-00 Beckman Instruments Inc.
209-070-07-00 Mandana Corp.
209-081-01-00 Title Insurance § Trust Company"
H A 409
c/o J. M. Gessleman
Business Office
Mail Code 025
•La Jolla, TA 92093
Attn: Van Jahnes-Smith
3151 Airway Avenue, Bldg. G-3
Costa Mesa, CA 92626
2400 Harbor Blvd.
Fullerton, CA 92634
3151 Airway Avenue, Bldg. G-3
Costa Mesa, CA 92626
3151 Airway Avenue, Bldg. G-3
Costa Mesa, CA 92626
P. 0. Box 1150
San Diego, CA 92112
5950 El Camino Real
Carlsbad, CA 92008
P. 0. Box 80036
San Diego, CA 92138
1200 Elm Avenue
Carlsbad, CA 92008
2500 Harbor Blvd.
Fullerton, CA 92634
18552 MacArthur Blvd.
Suite 341
Irvine, CA 92715
P. 0. Box 80036
San Diego, CA 92138
PARCEL NOS.
209-081-02-00
209-081-03-00
209-081-04-00
209-081-05-00
212-062-04-00
212-062-05-00
212-062-06-00
NAME
Title Insurance § Trust Company*
H A 409
c/o J. M. Gessleman
Title Insurance § Trust Company*
H A 409
c/o J. M. Gessleman
Title Insurance § Trust Company*
H A 409
c/o J. M. Gessleman
Title Insurance £ Trust Company*
H A 409
c/o J. M. Gessleman
A.I.F. Holding Company
c/o Frank W. Sekela
Carlsbad Business Center
c/o The Koll Company
Carlsbad Business Center*
c/o The Koll Company
PAGE 2 of 2
ADDRESS
P. 0. Box 80036
San Diego, CA 92138
P. 0. Box 80036
San Diego, CA 92138
P. 0. Box 80036
San Diego, CA 92138
P. 0. Box 80036
San Diego, CA 92138
4680 Wilshire Blvd.
Los Angeles, CA 90010
7330 Engineer Road
San Diego, CA 92111
7330 Engineer Road
San Diego, CA 92111
213-020-18-00 County of San Diego
213-030-15-00 Bressi, Mary E.
c/o Liz Weigand
P. 0. Box 1666
Carlsbad, CA 92008
* No envelope made/double name and address entry