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HomeMy WebLinkAbout1984-05-01; City Council; 7740; EIR, ZONE CHANGE, SPECIFIC PLAN, TENTATIVE MAP & CONDOMINIUM PERMIT FOR 99 ACRES. EIR 83-1 | ZC-272 | ZC-274 | SP-190 | CT 83-36 | CP-273 | DEL MAR FINANCIALb 8 0 3 4 3 -4 U $ 3 cr -4 8 a a 5 PI $* cnm fi y? 4m cnm cil :E+ dU P 8 -\ \9W PI cntn c ui-9 i2E E? ad OY IG 35 %88 3- k cal -rl &I (d ria '3 8 sa 88 \Tr co A Ln I .. z 0 5 a i z 3 0 0 CIT&F CARLSBAD - AGEND*ILL AB# 774 0 TITLE! EIR, ZONE CHANGE, SPECIFIC PLAN, TENT~IVE DEPT- CITY P MTG. 5/1/84 MAP b CONDCfVINIUM PERMIT FOR 99 ACRES. EIR 83-l/ZC-272/ZC-274/SP-l90/CT 83-36/CP-273, DEPT. pLN DEL M?iR FINANCX CITY n RECOMMENDED ACTION: The Planning Commission and staff are recommending that the City Council C1 direct the Attorney's Office to prepare docmnts APPROVING CC 83-36 t CP-2 ITEM EXPLANATION - EIR 83-1, introduce Ordinance Nos. c/ 7 / -5- I 97/4 I ad 9717 The applicant is requesting certification of an EIR, approval of a zone d specific plan, tentative map and a condominium permit for a 99 acre p located in a county island east of El Camin0 Real between future CC Boulevard and Faraday Avenue. The proposed project is divided into five i each with a different land use. These areas include low density residentj hotel, offices, a commercial area and an open space area (see Exhibit I' Specific Plan). The EIR for the project identified a number of environmental impacts &ich be created by the applicant's proposal. The major areas of concern inv traffic and possible encroachment into the Sunny Creek riparian habitat. applicant has altered his project to reduce these impacts to insignif levels. Staff feels that the only issue remaining is building height. The applica proposing heights in excess of 35 feet for 6 buildings "C", I'D", "E", "F" (see Exhibit "M" at back of specific plan). The proposed btel also a current height limits. The Planning Cammission at their n-eeting of Marc 1984, directed staff to revise the specific plan to include language hich permit heights in excess of 35 feet. Staff has mde those changes and the included in the attached SP-190, The Planning CaimiSSiOn has as0 pas resolution of intention to hold a public hearing on amending the height se of the C-2 zone. This is necessary before the applicant's hotel can be hi1 For further information please see the attached staff report to the Plan1 Commission. FISCAL IMPACT The applicant will provide all required public improvements to the pro-jec Also, the applicant has %reed to pay a public facilities fee to offset costs of providing all other public services. ENVIRONMENTAL REXIEM EIR 83-1 was processed for this project and was recommended for certifical by the Planning Commission on March 28, 1984. I 0 0 Page 2 of Agenda Bill No. 77q 0 EXHIBITS 1 . Location Map 2. OrdinanceNos. 77~5 , "116 ,A 9717 . 3. 4. 5. EIR 83-1 (previously distributed) 6. SP-190 PC Resolution Nos. 2266, 2267, 2268, 2269, 2270 & 2271. Planning CorrOnission Staff Report dated March 28, 1984 w/attachments LOCATION MAP r - -\\ 2 \Y% \Y- WERSCHING y$ 11% SITE r ,EIR 83-1 r ZC-272/2' - 4 CP-273 , O'HARA / lWERSCHING SP-190 1 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 ORDINANCE NO. 9715 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 COUNTY ZONING TO 0 (OFFICE AND PROFESSIONAL), SPACE) ON PROPERTY EAST OF EL CAMINO REAL AND SOUTH OF FUTURE COLLEGE BOULEVARD . CASE NO: ZC-272 APPLICANT: DEL MAR FINANCIAL The City Council of the City of Carlsbad, Californ C-2 (GENERAL COMMERCIAL), R-1-20,OOO AND OS (OPEN does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Cod1 amended by the amendment of a zoning map from County zoning (Office and Professional), C-2 (General Commercial), R-1-20 OS (Open Space) on property as shown on the map marked ZC-2' Exhibit "A", attached hereto and made a part hereof. SECTION 2: This project is approved subject to tht following condition: The applicant shall pay a public faci: fee as required by City Council Policy No. 17, dated August 1979, and amended on April 2, 1982, on file with the City C' incorporated herein by reference, and according to the agrel 1 executed by the applicant for payment of said fee a copy of agreements dated October 29, 1982, November 19, 1982 and Fel 25, 1983 are on file with the City Clerk and incorporated hc reference. If said fee is not paid as promised, this applic will not be consistent with the General Plan and approval fc project shall be void. Said fees shall be paid based on thc 2, 1982 version of Policy No. 17. SECTION 3: That the findings made by the Planning Commission in Resolution No. 2267 constitute the findings ol City Council in this matter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 0 0 EFFECTIVE DATE: This ordinance shall be effective days after its adoption; and the City Clerk shall certify tc adoption of this ordinance and cause it to be published at once in the Carlsbad Journal within fifteen days after its adoption, INTRODUCED AND FIRST READ at a regular meeting of 1 Carlsbad City Council on the and thereafter day of PASSED AND ADOPTED at a regular meeting of said Ci Council held on the day of , 1984, following vote, to wit: AYES: NOES : ABSENT: MARY H. CASLER, Mayo I I ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- 0 0 0 w I 1 ps I- - m - 5 45 (Y I Ak r(Y z \ rtaPO~W 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 0 @ ORDINANCE NO . 9716 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 COUNTY ZONING TO C-2 FOR APPROXIMATELY 20 ACRE ON PROPERTY GENERALLY LOCATED EAST OF EL CAMINO REI! AND NORTH OF FUTURE COLLEGE BOULEVARD. CASE NO: 2C-274 APPLICANT: DEL MAR FINANCIAL The City Council of the City of Carlsbad, Californi does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Code amended by the amendment of a zoning map from County zoning (General Commercial) on property as shown on the map marked - Exhibit nAn, attached hereto and made a part hereof. SECTION 2: This project is approved subject to the following condition: The applicant shall pay a public facil fee as required by City Council Policy No. 17, dated August 1979, and amended on April 2, 1982, on file with the City C1 incorporated herein by reference, and according to those agr executed by the applicant for payment of said fee a copy of agreement dated October 29, 1982, November 19, 1982 and Febi 25, 1983 are on file with the City Clerk and incorporated ht reference. If said fee is not paid as promised, this applic will not be consistent with the General Plan and approval fc project shall be void. Said fees shall be paid based on tht 2, 1982 version of Policy No. 17. SECTION 3: That the findings made by the Planning Commission in Resolution No. 2268 constitute the findings 0: City Council in this matter. //// 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 e 0 EFFECTIVE DATE: This ordinance shall be effective i days after its adoption,. and the City Clerk shall certify tc adoption of this ordinance and cause it to be published at : once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of day of 1 Carlsbad City Council on the and thereafter PASSED AND ADOPTED at a regular meeting of said Cii Council held on the day of , 1984, 1 following vote, to wit: AYES: NOES : ABSENT: MARY H, CASLER, Mayoi ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -2- 0 0 3. h 1\1 U N I r w a I Qo CY I cy) a 0 m 0 0 mJ d I- SIC X - - W <QPO~W 4<*4* wwwww PCQCQCQCQC ***a< 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 e 0 ORDINANCE NO. 9717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING SPECIFIC PLAN (SP- FOR A 99 ACRE PROJECT COMPRISED OF RESIDENTIAL, C( MERCIAL, LOCK ON THE EAST SIDE OF EL CAMINO REAL BETWEEN FUTURE COLLEGE BOULEVARD AND FARADAY AVENUE. CASE NO: SP-190 APPLICANT: DEL MAR FINANCIF WHEREAS, the Planning Commission did on the 25th c OPEN SPACE AND OFFICE USE GENERALLY March, 1984 and on the 1 lth day of April, 1984 hold a duly public hearing as prescribed by law to consider a request k City of Carlsbad to approve a Specific Plan (SP-190) for a commercial, office, residential and open space area, said 1 attached hereto as Exhibit "A", and made a part hereof; ant WHEREAS, at the conclusion of said hearing, the P1 Commission adopted Resolution No. 2269 recommending approva said Specific Plan, which resolution is attached hereto as "B", and made a part hereof; and WHEREAS, an environmental impact report was certif the City Council on May 1, 1984, indicating that the projec amended, will not have a significant adverse impact on the environment; and i WHEREAS, the City Council of the City of Carlsbad a duly noticed public hearing on May 1, 1984, and after hea considering the testimony and arguments of any or all perso desiring to be heard, made the following finding: 1. That the findings made by the Planning Commiss Resolution No. 2269 constitute the findings of the City Cou this matter. NOW, THEREFORE, the City Council of the City of Ca does ordain as follows: 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 0 0 SECTION 1: That the Specific Plan (SP-190)t attacl Exhibit “AW8 is approved subject to the conditions imposed Planning Commission in Resolution No. 2269, which is Exhibil this Ordinance. SECTION 2: The Specific Plan (sP-190)# approved b Ordinance indicate acceptance by the City Council of the gel framework for development of the subject property and of the development standards contained in said plans. Said plans i subject to future amendment by the City as part of the City’ ongoing planning process - SECTION 3: Development plans for specific sites w: the specific plan boundaries shall be subject to the require and standards established by the Specific Plan approved by t Ordinance and shall be further evaluated in accord with muni ordinances in force at the time the plans are before the Cit Council or other City decision-making body for final approvL Approval of Specific Plan-190 does not constitute a guarante individual developments within the area covered by the plan approved or that the availability of public facilities and E will necessarily coincide with the developer’s timetable for construction of the phasing plan contained in the approved a certified Specific Plan. Availability of public facilities projects subject to the approved Specific Plan will be evalu a project-by-project basis. //// //// //// -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 * 0 EFFECTIVE DATE: This ordinance shall be effective days after its adoption, and the City Clerk shall certify t adoption of this ordinance and cause it to be published at once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council on the day of 1 and thereafter PASSED AND ADOPTED at a regular meeting of said Ci Council held on the day of r 1984, following vote, to wit: AYES: NOES : ABSENT: MARY H. CASLER, Mayoi i ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) -3- 1 2 3 4 5 6 7 8 9 lo 11 I.2 l3 14 I.5 l6 17 I* I' 2o 21 22 23 24 25 26 27 28 e e PLANNING COMMISSION RESOLUTION NO. 2266 A RESOLUTION OF THE PLANNING COMMISSION OF THE CI'I ENVIRONMENTAL IMPACT REPORT, EIR 83-1, FOR A PROJE SPECIFIC PLAN ON APPROXIMATELY 99 ACRES LOCATED OK EAST SIDE OF EL CAMINO REAL NORTH AND SOUTH OF COI BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO: EIR 83-1 WHEREAS, on the 28th day of March, 1984, the Planr CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION C GENERALLY INCLUDING: A ZONE CHANGE, A TENTATIVE P Commission of the City of Carlsbad, held public hearing on pursuant to the provisions of Title 19 of the Carlsbad Muni Code; and WHEREAS, the Planning Commission has considered tk comments and documents of all those persons testifying at t public hearing; and WHEREAS, the Planning Commission has received EIR according to the requirements of Title 19 of the Carlsbad b Code; NOW, THEREFORE, BE IT RESOLVED by the Planning Con of the City of Carlsbad as follows: I 1 . That the foregoing recitations are true and correct. 2. That the Environmental Impact Report EIR 83-1 will be i to include the comments and documents of those testifyj the public hearing and responses thereto hereby found 1 good faith and reason by incorporating a copy of the mi said public hearings into the report. 3. That the Planning Commission finds and determines that Environmental Impact Report EIR 83-1 has been completec conformance with the California Environmental Quality 1 state guidelines implementing said Act, and the provisi Title 19 of the Carlsbad Municipal Code and that the PI Commission has reviewed, considered and evaluated the : tion contained in the report. //// //// I1 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 0 0 4. That the Environmental Impact Report EIR 83-1 as so amei evaluated, is recommended for acceptance and certif icat, Environmental Impact Report as recommended is adequate ( provides reasonable information on the project and all reasonable and feasible alternatives thereto, including project . 5. That each and every significant environmental impact id€ in the Environmental Impact Report would be overruled 01 counterbalanced by changes or alteration in the project would mitigate against said adverse impacts or, in certz circumstances, that mitigation of such adverse impacts \ not be feasible under the circumstances but relative to economic and social, needs, objectives, goals and concei the City of Carlsbad. It can be found that the benefit: project would over-ride such impacts. PASSED, APPROVED AND ADOPTED at a regular meeting ( Planning Commission of the City of Carlsbad, California, hei the 28th day of March, 1984, by the following vote, to wit: the final Environmental Impact Report and that the fina' AYES : Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and Smith. NOES : None. ABSENT : None . ABSTAIN: None. 1 I JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2266 -2- 1 2 3 4 5 6 7 a 9 10 11 l2 13 l4 15 l6 l7 18 l9 2o 21 22 23 24 25 26 27 28 0 0 PLANNING COMMISSION RESOLUTION NO. 2267 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PREANNEXATIONAL ZONE CHANGE To 0 (OFFICE AND PROFE C-2 (GENERAL COMMERCIAL), R-1-20,000 and OS (OPEN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL REAL, SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO.: 2C-272 WHEREAS, a verified application for certain proper1 wit: Portions of Lot B and E of Rancho Aqua Hedionda, ii City of Carlsbad, according to Map thereof No. 823 Office of the County Recorder, filed May 1, 1915, t of San Diego, State of California, has been filed with the City of Carlsbad, and referred to tl 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 28th dz March, 1984, hold a duly noticed public hearing as prescribf law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pers desiring to be heard, said Commission considered all factors relating to the Zone Change; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hear the Commission recommends APPROVAL OF 2C-272, based on following findings and subject to the conditions contai therein. //// //// 3 2 3 4 5 6 7 8 9 10 11 12 13 14 I.5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Findings: 1) The proposed zone change is consistent with the General for reasons stated in the staff report. 2) The proposed zone change is consistent with Specific P1 190 which implements both the General Plan and the Zoni the property as described in the staff report. 3) The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an app condition to this project, insured that the final m not be approved unless the City Council finds that service is available to serve the project. In addi the Planning Commission has added a condition that shall be placed on the final map that building perm not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is s that the requlrements of the public facilities elem the general plan have been met insofar as they appl sewer service for this project. 4) The proposed zone change is consistent with all other e of the General Plan. 5) An Environmental Impact Report was recommended for certification for this project by the Planning Commissi March 28, 1984. The EIR identified impacts from the pr project. These impacts can either be mitigated or over considerations exist as described below. A. Traffic - The traffic section of the EIR indicates there will be a significant impact at the El Camir Real/College Boulevard and College Boulevard/A Str intersections if these roads are constructed to gE plan standards. These impacts will be mitigated t use of additional turn lanes on College Boulevard Camino Real, the construction of an additional sic the A Street/College Boulevard intersection, and t of two right-turn-only accesses connecting A Strec Camino Real south of College Boulevard. B. Land Use - The potential for a significant impact c use exists between the large commercial shopping ai future residential areas and between the proposed residential area at the east end of the project anc approved Carlsbad Ridge Project. Both of these arc shown for future development, requiring amendments Specific Plan and allowing for future review and conditions. Provisions of the Specific Plan requii landscaping to buffer the proposed commercial/offic from adjoining land uses. The future residential development would be restricted to no more than 2 ( This lower density should ensure compatibility wit1 neighboring residential uses. I PC RES0 NO, 2267 -2- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 e 0 C. Topography and Visual Aesthetics - Future developme proposed would result in significant alterations to existing landforms. Most of the trees associated w oak-woodland are being preserved as open space. Th project has been altered to preserve most of the hi area just southwest of the creek. Additional gradi landscaping and design measures have been incorpora the specific plan to reduce visual impact. D. Air Quality - Identified impacts on air quality wou have to be conisdered significant based on the Regi Air Quality Strategies. These impacts are cumulati nature and true mitigation must occur on a regional basis. The benefits of the proposed project in pro employment opportunities and revenues would over-ri such cumulative aspects. E. Archaeology - Five archaeological sites were found project area which could be significantly affected development. These sites will be required to be mi by a qualified archaeologist as a condiition of the specific plan. F. Biology - The proposed project poses significant in the biological resources of the site. The project altered through the specific plan so the sensitive woodland area of the site will be fully preserved i natural open space. G. Hydrology and Water Quality - Development within tb year floodplain could cause significant impacts. E development is currently proposed in the floodplair Any development occuring in this area would be reqL to process a special use permit subject to future 1 environmental review. ,I H. Geology/Soils/Paleontology - Future development of 1 property could be significantly affected by soil instability and development could also significant1 geotechnical is being required prior to the issuanc building permits and a qualified paleontologist wil required to monitor grading, pursuant to the Specif Plan. affect paleontological resources. A detailed I Conditions: 1) Approval is granted for ZC-272, as shown on Exhibit "X" January 5, 1984, incorporated by reference and on file Land Use Planning Office. //// //// PC RES0 NO. 2267 -3- 8 1 2 3 4 5 6 7 8 9 10 11 12 13 &. 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m 0 2) This project is approved upon the express condition tha. applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit1 City Clerk and incorporated herein by reference, and acl to the -agreements executed by the applicant for payment fee, a copy of those agreements, dated October 29, 1982 November 19, 1982 and February 25, 1983, are on file wi City Clerk and incorporated herein by reference. If sa is not paid as promised, this application will not be consistent with the General Plan and approval for this shall be void. PASSED, APPROVED AND ADOPTED at a regular meeting o Planning Commission of the City of Carlsbad, California, he1 28th day of March, 1984, by the following vote, to wit: AYES: Chairman ROmbOtiS, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and NOES : None . ABSENT: None. ABSTAIN: None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISS ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2267 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 PLANNING COMMISSION RESOLUTION NO. 2268 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A PREANNEXATIONAL ZONE CHANGE TO C-2 (GENERAL COMMERC SPACE) ON PROPERTY GENERALLY LOCATED ON THE EAST SI CAMINO REAL, NORTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO.: ZC-274 WHEREAS, a verified application for certain propert wit: Portions of Lot B and E of Rancho Agua Hedionda, in City of Carlsbad, according to Map thereof No. 823 Office of the County Recorder, filed May 1 , 1915, C of San Diego, State of California, has been filed with the City of Carlsbad, and referred to tb 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 28th dz March, 1984, hold a duly noticed public hearing as prescribe law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all per: desiring to be heard, said Commission considered all factor! relating to the Zone Change; and I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plann Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hea the Commission recommends APPROVAL OF 2C-274, based on following findings and subject to the conditions conta therein. //// //// //// I 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Find ings : 1) The proposed zone change is consistent with the General for reasons stated in the staff report. 2) The proposed zone change is consistent with Specific P1, 190 which implements both the General Plan and the Zoni the property as described in the staff report. The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an app condition to this project, insured that the final rn not be approved unless the City Council finds that service is available to serve the project. In addi the Planning Commission has added a condition that shall be placed on the final map that building perm not be issued for the project unless the City Engin determines that sewer service is available, and bui cannot occur within the project unless sewer servic remains available, and the Planning Commission is E that the requirements of the public facilities elen the general plan have been met insofar as they appl sewer service for this project. 3) 4) The proposed zone change is consistent with all other E of the General Plan. certification for this project by the Planning Commissj March 28, 1984. The EIR identified impacts from the pr project. These impacts can either be mitigated or ovez considerations exist as described below. A. Traffic - The traffic section of the EIR indicate: there will be a significant impact at the El Camir Real/College Boulevard and College Boulevard/A St] intersections if these roads are constructed to ge plan standards. These impacts will be mitigated I use of additional turn lanes on College Boulevard Camino Real, the construction of an additional si! the A Street/College Boulevard intersection, and d of two right-turn-only accesses connecting A Stref Camino Real south of College Boulevard. 5) An Environmental Impact Report was recommended for I B. Land Use - The potential for a significant impact 1 use exists between the large commercial shopping a future residential areas and between the proposed residential area at the east end of the project ant approved Carlsbad Ridge Project. Both of these ar shown for future development, requiring amendments Specific Plan and allowing for future review and conditions. Provisions of the Specific Plan requi landscaping to buffer the proposed commercial/offi from adjoining land uses. The future residential development would be restricted to no more than 2 This lower density should ensure compatibility wit neighboring residential uses. PC RES0 NO. 2268 -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 0 0 C. Topography and Visual Aesthetics - Future developme proposed would result in significant alterations to existing landforms. Most of the trees associated w oak-woodland are being preserved as open space, Th project has been altered to preserve most of the hi area just southwest of the creek. Additional gradi the specific plan to reduce visual impact. D. Air Quality - Identified impacts on air quality wou have to be conisdered significant based on the Regi Air Quality Strategies. These impacts are cumulati nature and true mitigation must occur on a regional basis. The benefits of the proposed project in prc employment opportunities and revenues would over-ri such cumulative aspects. E. Archaeology - Five archaeological sites were found project area which could be significantly affected by a qualified archaeologist as a condiition of the specific plan, Biology - The proposed project poses significant in the biological resources of the site. The project altered through the specific plan so the sensitive woodland area of the site will be fully preserved j natural open space. G. Hydrology and Water Quality - Development within tk year floodplain could cause significant impacts. E development is currently proposed in the floodplair Any development occuring in this area would be reqi to process a special use permit subject to future environmental review. property could be significantly affected by soil instability and development could also signif icantl affect paleontological resources. A detailed geotechnical is being required prior to the issuanc building permits and a qualified paleontologist wil required to monitor grading, pursuant to the Specif Plan. landscaping and design measures have been incorpora development. These sites will be required to be mi F. H. Geology/Soils/Paleontology - Future development of Conditions: 1) Approval is granted for ZC-272, as shown on Exhibit "Xm January 5, 1984, incorporated by reference and on file Land Use Planning Office. //// //// PC RES0 NO, 2268 -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 e e 2) This project is approved upon the express condition the applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and ac to the agreements executed by the applicant for payment fee, a copy of those agreements, dated October 29, 1982 City Clerk and incorporated herein by reference. If si is not paid as promised, this application will not be consistent with the General Plan and approval for this shall be void. November 19, 1982 and February 25, 1983, are on file wj PASSED, APPROVED AND ADOPTED at a regular meeting ( Planning Commission of the City of Carlsbad, California, he: 28th day of March, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Rawlins Marcus, Lyttleton, Schlehuber, Farrow ant NOES : None . ABSENT: None . ABSTAIN: None. JERRY ROMBO'PIS, Chairman CARLSBAD PLANNING COMMIS! ,ATTEST : I/ MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2268 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 6 t PLANNING COMMISSION RESOLUTION NO,, 2269 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY APPROXIMATELY 99 ACRES OF OFFICE, RESIDENTIAL, AND COMMERCIAL DEVELOPMENT AND OPEN SPACE AREA GENERALL LOCATED ON THE EAST SIDE OF EL CAMINO REAL, NORTH A OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF SP-1 CASE NO. : SP-190 WHEREAS, a verified application for certain propert Portions of Lots B & E of Rancho Agua Hedionda, in of Carlsbad, according to Map thereof No. 823 filed Office of the County Recorder, May 1 , 1915, County Diego, State of California, wit: has been filed with the City of Carlsbad, and referred to th Planning Commission; and WHEREAS, said verified application constitutes a re provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th d, March, 1984, and on the 11th day of April, 1984, hold a duly public hearing as prescribed by law, to consider said reques WHEREAS, at said public hearing, upon hearing and !considering all testimony and arguments, if any, of all perst desiring to be heard, said Commission considered all factors relating to the Specific Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hear: Commission recommends APPROVAL of SP-190, based on the following findings and subject to the following conditic Findings: 1) The site is physically suitable in size and shape to act the proposed uses because the Specific Plan provides st, for development which accommodate the project on the si{ 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 0 0 2) The proposed uses will not be detrimental to adjoining properties for the reasons outlined in the staff report 3) The specific plan is consistent with the Carlsbad Gener and with Sections 65451 and 65452 of the Government Cod regulate the use of specific plans, 4) The specific plan implements the Combination District M includes C (Community Commercial), 0 (Professional and Commercial), and RH (Residential High) designations anc (Residential Low-Medium) designation specified for this property by the Land Use Element of the General Plan. certification for this project by the Planning Commissj March 28, 1984. The EIR identified impacts from the pi project. These impacts can either be mitigated or ovei considerations exist as described below. 5) An Environmental Impact Report was recommended for A. Traffic - The traffic section of the EIR indicates there will be a significant impact at the El Camin Real/College Boulevard and College Boulevard/A Str intersections if these roads are constructed to ge plan standards, These impacts will be mitigated t use of additional turn lanes on College Boulevard Camino Real, the construction of an additional sig the A Street/College Boulevard intersection, and t of two right-turn-only accesses connecting A Stree Camino Real south of College Boulevard. B. Land Use - The potential for a significant impact c use exists between the large commercial shopping ar future residential areas and between the proposed residential area at the east end of the project and approved Carlsbad Ridge Project, Both of these are shown for future development, requiring amendments Specific Plan and allowing for future review and conditions, Provisions of the Specific Plan requir landscaping to buffer the proposed commercial/offic from adjoining land uses. The future residential development would be restricted to no more than 2 d This lower density should ensure compatibility with neighboring residential uses. C. Topography and Visual Aesthetics - Future developme proposed would result in significant alterations to existing landforms. Most of the trees associated w oak-woodland are being preserved as open space. Th project has been altered to preserve most of the hi area just southwest of the creek, Additional gradi landscaping and design measures have been incorpora the specific plan to reduce visual impact. - I //// PC RES0 NO. 2269 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 2o 21 22 23 24 25 26 27 28 e 0 D. Air Quality - Identified impacts on air quality wou have to be conisdered significant based on the Regi Air Quality Strategies. These impacts are cumulati nature and true mitigation must occur on a regional basis. The benefits of the proposed project in pro employment opportunities and revenues would over-ri such cumulative aspects. E. Archaeology - Five archaeological sites were found project area which could be significantly affected development. These sites will be required to be mi by a qualified archaeologist as a condiition of the specific plan. F, Biology = The proposed project poses significant im the biological resources of the site. The project altered through the specific plan so the sensitive woodland area of the site will be fully preserved i natural open space. G. Hydrology and Water Quality - Development within thl year floodplain could cause significant impacts. N( development is currently proposed in the floodplain Any development occuring in this area would be requ to process a special use permit subject to future environmental review. H. Geology/Soils/Paleontology - Future development of property could be significantly affected by soil instability and development could also significant11 affect paleontological resources. A detailed geotechnical is being required prior to the issuanct building permits and a qualified paleontologist will required to monitor grading, pursuant to the Specif: Plan. 1 Conditions: 1) Approval is granted for SP-190, as shown on Exhibit "A" March 28, 1984, incorporated by reference and on file i; Land Use Planning Office. Development shall occur substantially as Shown, unless otherwise noted in these conditions. 2) All development at this site shall conform to the land 1 and development standards of the specific plan as statec Exhibit "Ar', dated March 28, 1984. This specific plan I apply to the property and shall be transferable upon chz ownership. 3) Prior to the final recordation of any subdivision withir specific plan area the applicant shall agree in writing Land Use Planning Manager to notify all prospective buye developers of the provisions of this specific plan. PC RES0 NO. 2269 -3- 1 2 3 4 5 6 7 8 9 10 11 12 I.3 14 l5 16 1+ 18 19 2o 21 22 23 24 25 26 27 28 0 0 4) This project is approved upon the express condition thz final maps shall be approved unless the City Council fj of the time of such approval that sewer service is avaj serve the subdivision, This project is approved upon the express condition thi building permits will not be issued for development of subject property unless the City Engineer determines th facilities are available at the time of application for occupancy . 5) sewer permits and will continue to be available until t 6) This project is approved upon the express condition thi applicant shall pay a public facilities fee as required Council Policy No. 17, dated April 2, 1982, on file wit City Clerk and incorporated herein by reference, and ac to the agreements executed by the applicant for payment fee, a copy of those agreements, dated October 29, 1982 November 19, 1982 and February 25, 1983, are on file wi City Clerk and incorporated herein by reference. If sa is not paid as promised, this application will not be consistent with the General Plan and approval for this shall be void. 7) Approval of this request shall not excuse compliance wi sections of the Zoning Ordinance and all other applicab ordinances in effect at time of building permit issuanc 8) Water shall be provided by the City of Carlsbad unless other arrangement is approved by the City Council, 9) The applicant shall prepare a reproducible mylar of the specific plan site maps incorporating the applicable co contained herein. Said site maps shall be submitted to approved by the Land Use Planning Manager prior to the of building permits for any development in the specific 10) All landscaped areas shall be maintained in a healthy a thriving condition, free from weeds, trash, and debris, 11) All parking lot trees shall be a minimum of 15 gallons size. 12) I area. The project shall provide bus stop facilities at lacatic subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a bel free from advertising, and a pole for the bus stop sign bench and pole shall be designed in a manner so as to nc detract from the basic architectural theme of the projel said design shall be subject to the approval of the Lani Planning Manager and North County Transit District. I //// PC RES0 NO. 2269 -4- 1 2 3 4 5 6 7 8 9 lo 'I. 12 13 14 15 16 17 I,8 19 '' 21 22 23 24 25 26 27 28 * 0 13) The project shall attempt to develop a ride to work and program for its employees with the North County Transit trict, Furthermore, the project shall attempt to limit staggering of worker shifts so as to facilitate the succ said program, 14) All of the buildings contained within the Specific Plan shall be built and designed in substantial compliance w Exhibits "M" and "P-1" through "P-8". Building elevatic shall be submitted to and approved by the Land Use Plani Manager prior to the issuance of a Building Permit. incorporated into SP-190. 15) All conditions of approval for CT 83-36 and CP-273 are PASSED, APPROVED AND ADOPTED at a regular meeting 0 Planning Commission of the City of Carlsbad, California, he1 the 11th day of April, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and NOES : None. ABSENT: None. ABSTAIN: None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMIS i i ATTEST! MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2269 -5- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 m PLANNING COMMISSION RESOLUTION NO. 2270 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 12 LOT SUBDIVISION ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF EL CAMINO REAL SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO: CT 83-36 WHEREAS, a verified application for certain propert Parkions of Lots €3 and E of Rancho Agua Hedionda, J City of Carlsbad, according to Map thereof No. 823 in the office of the County Recorder, May 1, 1915, County of San Diego, State of California, has been filed with the City of Carlsbad, and referred to th Planning Commission; and wit: WHEREAS, said verified application constitutes a re as provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th d March, 1984, and on the 11 th day of April, 1984, hold a duly noticed public hearing as prescribed by law, to consider sai request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persc desiring to be heard, said Commission considered all factors relating to the Tentative Tract Map; and 1 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plannii Cornmission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hear; the commission hereby APPROVES CT-83-36, based on the following findings and subject to the following conditic F ind ing s : 1) The project is consistent with the City's general plan E the proposed subdivision meets the standards and the int the 0 (Professional and Related Commercial), and C (Corn Commercial) categories of the General Plan. 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 e 0 2) The site is physically suitable for the type and density the development since the site is adequate in size and s to accommodate development as proposed, as discussed in staff report. 3) The project is consistent with all City public facility icies and ordinances since: a) The Planning Commission has, by inclusion of an appropriate condition to this project, insured that final map will not be approved unless the City Counc finds that sewer service is available to serve the project. In addition, the Planning Commission has 2 condition that a note shall be placed on the final n that building permits may not be issued for the pro] unless the City Engineer determines that sewer servi available, and building cannot occur within the proj unless sewer service remains available, and the Plan Commission is satisfied that the requirements of the public facilities element of the general plan have t met insofar as they apply to sewer service for this project . b) All necessary public improvements have been provided will be required as conditions of approval. c) The applicant has agreed and is required by the incl of an appropriate condition to pay a public faciliti fee. Performance of that contract and payment of tk. will enable this body to find that public facilities be available concurrent with need as required by the general plan. 4) The proposed project is compatible with the surrounding future land uses since surrounding properties will be adequately buffered through provisions in the specific E certification for this project by the Planning Commissic March 28, 1984. The EIR identified impacts from the prc project. These impacts can either be mitigated or overr considerations exist as described below. A. Traffic - The traffic section of the EIR indicates I 5) An Environmental Impact Report was recommended for there will be a significant impact at the El Caminc Real/College Boulevard and College Boulevard/A Strc intersections if these roads are constructed to ger plan standards. These impacts will be mitigated bq use of additional turn lanes on College Boulevard ? Camino Real, the construction of an additional sigr the A Street/College Boulevard intersection, and tk of two right-turn-only accesses connecting A Street Camino Real south of College Boulevard. i PC RES0 NO. 2270 -2- 3, 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m B. Land Use - The potential for a significant impact 01 use exists between the large commercial shoppirig at( future residential areas and between the proposed residential area at the east end of the project and approved Carlsbad Ridge Project. Both of these areq shown for future development, requiring amendments conditions. Provisions of the Specific Plan requirc landscaping to buffer the proposed commercial/of f icc center from adjoining land uses. The future reside] development would be restricted to no more than 2 d This lower density should ensure compatibility with neighboring residential uses. C. Topography and Visual Aesthetics - Future developme proposed would result in significant alterations to existing landforms. Most of the trees associated w oak-woodland are being preserved as open space. Thl project has been altered to preserve most of the hi area just southwest of the creek. Additional gradi landscaping and design measures have been incorpora into the specific plan to reduce visual impact. Specific Plan and allowing for future review and D, Air Quality - Identified impacts on air quality wou to be conisdered significant based on the Regional 1 Quality Strategies. These impacts are cumulative i nature and true mitigation must occur on a regional The benefits of the proposed project in providing employment opportunities and revenues would over-ril cumulative aspects. E. Archaeology - Five archaeological sites were found project area which could be significantly affected development. These sites will be required to be mi by a qualified archaeologist as a condiition of the specific plan. I F. Biology - The proposed project poses significant im on the biological resources of the site. The proje been altered through the specific plan so the sensi riparian woodland area of the site will be fully pr in natural open space. G. Hydrology and Water Quality - Development within th year floodplain could cause significant impacts. N development is currently proposed in the floodplain Any development occuring in this area would be requ process a special use permit subject to future environmental review. H. Geology/Soils/Paleontology - Future development of property could be significantly affected by soil instability and development could also signif icantl affect paleontological resources. A detailed geote is being required prior to the issuance of building permits and a qualified paleontologist will be requ monitor grading, pursuant to the Specific Plan. PC RES0 NO. 2270 -3- l. 2 3 4 5 6 7 8 9 20 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Conditions 1) Approval is granted for CT 83-36, as shown on Exhibits and "B", dated March 28, 1984, incorporated by referen on file in the Land Use Planning Office. Development occur substantially as shown, unless otherwise noted i conditions. 2) This project is approved upon the express condition th final map shall not be approved unless the City Counci 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 th building permits will not be issued for development of subject property unless the City Engineer determines t sewer facilities are available at the time of applicat such sewer permits and will continue to be available u time Of occupancy, This note shall be placed on the f map 4) This project is approved upon the express condition thi applicant shall pay a public facilities fee as require( City Council Policy No. 17, dated April 2, 1982, on fi: the City Clerk and incorporated herein by reference, ai according to the agreements executed by the applicant payment of said fee, a copy of those agreements, dated 29, 1982, November 19, 1982, and February 25, 1983, arc file with the City Clerk and incorporated herein by re: If said fee is not paid as promised, this application I be consistent with the General Plan and approval for tl project shall be void. 5) Approval of this request shall not excuse compliance w: sections of the Zoning Ordinance and all other applicat ordinances in effect at time of building permit issuanc 6) Water shall be provided to this project pursuant to thc Service Agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983. I Land Use Planning Conditions 7) The applicant shall prepare a reproducible mylar of thc site plan incorporating the conditions contained hereir site plan shall be submitted to and approved by the Lar Planning Manager prior to the issuance of building pern 8) The applicant shall establish a tenant's association an corresponding covenants, conditions and restrictions. CCbR's shall be submitted to and approved by the Land U Planning Manager prior to final map approval. -4- 1/11 PC MSO NO. 2270 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 x? l8 19 20 21 22 23 24 25 26 27 28 0 a 9) A 500' scale map of the subdivision shall be submitted Land Use Planning Manager prior to the recordation of t final map. Said map shall show all lots and streets wj and adjacent to the project. 10) All landscaped areas shall be maintained in a healthy i thriving condition, free from weeds, trash, and debris. 11) The applicant shall submit a street name list consister, the City's street name policy subject to the Land Use P Manager ' s approval prior to final map approval . The project shall provide bus stop facilities at locati subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a be free from advertising, and a pole for the bus stop sign bench and pole shall be designed in a manner so as to c detract from the basic architectural theme of the proje said design shall be subject to the approval of the Lar Planning Manager and North County Transit District. 13) The project shall attempt to develop a ride to work and program for its employees with the North County Transit trict. Furthermore, the project shall attempt to limit staggering of worker shifts so as to facilitate the SUC said program. 14) Approval of Tentative Tract No. CT 83-36 is granted sub approval of Zone Changes 272 and 274 and Specific Plan All conditionsof approval for CT 83-36 shall be incarpo into SP-190. Engineering Conditions 15) The developer shall obtain a grading permit prior to th 16) The grading for this project is defined as "controlled 12) commencement of any clearing or grading of the site. ing" by Section 11.06.170(a) of the Carlsbad Municipal 1 Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work the approved grading plan, submit required reports to t Engineer and verify compliance with Chapter 11.06 of th Carlsbad Municipal Code. I 17) upon completion of grading, the developer shall insure "as-graded" geologic plan shall be submitted to the Cit] Engineer. The plan shall clearly show all the geology 4 exposed by the grading operation, all geologic correcti7 measures as actually constructed and must be based on a tour map which represents both the pre and post site gri This plan shall be signed by both the soils engineer ai engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent r( PC RES0 NO. 2270 -5- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 l5 16 17' 18 19 20 21 22 23 24 25 26 27 28 e 0 18) No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the own the affected properties. 19) All slopes within this project shall be no steeper tha 20) Additional drainage easements and drainage structures provided or installed as may be required by the County Department of Sanitation and Flood Control or the City neer . 21) The developer shall pay the current local drainage are prior to approval of the final map or shall construct age systems in conformance with the Master Drainage PI City of Carlsbad Standards as required by the City Eng 22) The developer shall construct desiltation/detention ba a type and size and at locations as approved by the Ci Engineer. The developer shall enter into a desiltatio maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the approva: final map for this project. Each desiltation basin Shi serviced by an all weather access/maintenance road. TI provisions of this agreement shall apply to any off-si' borrow sites which may be utilized in the construction project as required by the City Engineer. 23) The owner of the subject property shall execute a hold harmless agreement regarding drainage across the adjacc property prior to approval of the final map. 24) Land for all public streets and easements shown on the tative map shall be dedicated on the final map and sha granted to city free and clear of all liens and encum- brances . I 25) The developer shall comply with all the rules, resulatj design requirements of the respective sewer and water i regarding services to the project. 26) The design of all private streets and drainage systems be approved by the City Engineer prior to approval of 1 final map. The structural section of all private stre< shall conform to City of Carlsbad Standards based on R- tests. All private streets and drainage systems shall inspected by the city, and the standard improvement pli and inspection fees shall be paid prior to approval of final map. 27) All private streets and drainage systems shall be maint by the homeowner's association in perpetuity. This res sibility shall be clearly stated in the CC&R's. PC RES0 NO. 2270 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I,g 20 21 22 23 24 25 26 27 20 e e 28) All concrete terrace drains shall be maintained by the ( association (if on commonly owned property) or the indii property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's, 29) This subdivision contains a remainder parcel. No build: permit shall be issued for the remainder parcel until il further subdivided pursuant to the provisions of Title : the Carlsbad Municipal Code. This note shall be placed final map. 30) Approval of this tentative tract map shall expire twent: months from the date of City Council approval unless a map is recorded. An extension may be requested by the applicant, Said extension shall be approved or denied discretion of the City Council, In approving an extens the City Council may impose new conditions and may revir existing conditions. 31) Direct access rights for all lots abutting El Camino Re< College Boulevard shall be waived on the final map. 32) Prior to the approval of any final maps within this pro the developer shall dedicate the required roadway right way as shown on the tentative map within the tract map boundary, obtain city approval of the design and enter secured agreement for the construction of the required improvements. 33) Prior to the issuance of any building permits within a particular phase of the project the developer shall ded or obtain the dedication of all onsite or offsite easem necessary to complete the improvement requirements stat within the text of the specific plan (Exhibit "A" , date( 28, 1984). In addition, the developer shall obtain cit approval of the design and enter into a secured ayreeme 34) Prior to the occupancy of any building within a particu phase of the project the developer shall complete const of all onsite and offsite public improvements necessary l serve the building and as outlined in the text of the s plan (Exhibit "A", dated March 28, 1984) to the satisfa of the City Engineer. 35) The sewer system as shown on the tentative map is speci not approved. The complete system shall be designed in conformance with a master sewer basin concept to the satisfaction of the City Engineer. The developer shall city approval of the design, enter into a secured agree with the city for the construction and obtain any neces offsite easements to complete the construction of the s improvements prior to the approval of any final map on the construction of the required public improvements. I I project a PC RES0 NO. 2270 -7- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 25' 28. e 0 36) "B" Street shall be dedicated on the final map as a gene 37) Area Cy1 and D-1 shall not be developed without an amend to Specific Plan 190. The dedication and improvement requirements for those areas including provisions for ac to the property adjacent to Area C-1 designated "not a F shall be determined at the time of the specific plan amendment." access and public utility easement. 38) The developer shall design and construct the traffic sig the intersection of El Camino Real and College Boulevard improvements unless an alternate arrangement is approved the City Engineer. Since this traffic signal is include within the City's Public Facilities Management plan the developer shall receive a credit from the City against t payment of the Public Facilities Fee in an amount equal the cost of the signal design and installation. The Cit will reserve the right to review and approve the bid proposals for the design and the construction contracts the signal. concurrent with the construction of the first phase 39) The developer shall design and enter into a secured agre for the construction of the traffic signal at the intersection of College Boulevard and "A" Street. The construction of said signal shall be undertaken by the developer at the written request of the City Engineer whl proper traffic warrants are met. 40) Prior to approval of any final map within the project si developer shall dedicate or secure the dedication of the width College Boulevard and the half width of El Camino within and adjacent to the project. Such dedications wi made in accordance with the section requirements as show the tentative map. The phasing of the improvement of th streets shall be in accordance with the text of the spec plan (Exhibit "A", dated March 28, 1984) and these conditions. Fire Conditions 41) Prior to the issuance of building permits, complete buil plans shall be submitted to and approved by the Fire Department. quired if deemed necessary by the Fire Marshall. 42) Additional public and/or on site fire hydrants shall be 43) The applicant shall submit two (2) copies of a site plan showing locations of existing and proposed fire hydrants 1 on site roads and drives subject to the approval of the Marshall . C RES0 NO. 2270 -8- 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 m 0 44) An all weather access road shall be maintained throughoL 45) All required fire hydrants, water mains and appurtenance shall be operational prior to combustible building mater being located on the project site. 46) Proposed security gate systems shall be provided with “E key operated override switch, as specified by the Fire r partment . 47) All fire alarm systems, fire hydrants, extinguishing syt automatic sprinklers, and other systems pertinent to thc project shall be submitted to the Fire Department for ai prior to construction. 48) Building exceeding 10,000 sq.ft. aggregate floor area sh sprinklered or have four-hour fire walls with no opening therein which shall split the building into 10,000 sq.ft less) areas. 49) Landscaping plans shall conform to the Fire Protection F construction. contained in the City of Carlsbad Landscape Guidelines Manual. PASSED, APPROVED AND ADOPTED at a regular meeting of Planning Commission of the City of Carlsbad, California, held the 1 lth day of April, 1984, by the following vote, to wit: AYES : Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and Smith. I NOES : None . ABSENT: None. ABSTAIN: None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: MICHAEL J. HOLZMILLER LAND USE‘ PLANNING MANAGER PC RES0 NO. 2270 -9- 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 20 * e PLANNING COMMISSION RESOLUTION NO, 2271 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT CONDOMINIUM PERMIT ON PROPERTY GENERALLY LOCATED E CARLSBAD, CALIFORNIA, APPROVING A NON-RESIDENTIAL EL CAMINO REAL, SOUTH OF COLLEGE BOULEVARD. APPLICANT: DEL MAR FINANCIAL CASE NO.: CP-273 WHEREAS, a verified application for certain proper Portions of Lots B and E of Rancho Agua Hedionda, City of Carlsbad, according to Map thereof No. 823 the office of the County Recorder, May 1 , 1915, in County of San Diego, State of California, has been filed with the City of Carlsbad, and referred to tl Planning Commission; and wit: WHEREAS, said verified application constitutes a rz provided by Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 28th c March, 1984, and on the 11 th day of April, 1984, hold a duly public hearing as prescribed by law, to consider said reques WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all pers /desiring to be heard, said Commission considered all factors /relating to the Condominium Permit; and I Commission as follows: (A) That the foregoing recitations are true and correct. (B) That based on the evidence presented at the public hear Commission hereby APPROVES CP-273, based on the followil findings and subject to the following conditions: I NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planni Findings: 1) The project is consistent with the City's General Plan : the proposed commercial hotel use is consistent with the Community Commercial land use designation of the Combin; District specified for the site by the General Plan. I. 2 3 4 5 6 7 a 9 IO 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 0 e 2) The site is physically suitable for the type and densi development since the site is adequate in size and sha accommodate the proposed development, as discussed in report. icies and ordinances since: 3) The project is consistent with all City public facilit a) The Planning Cornmission has, by inclusion of an appropriate condition to this project, insured tha final map will not be approved unless the City Cou finds that sewer service is available to serve the project. In addition, the Planning Commission has condition that a note shall be placed on the final unless the City Engineer determines that sewer ser available, and building cannot occur within the pr unless sewer service remains available, and the P1 Commission is satisfied that the requirements of t public facilities element of the general plan have met insofar as they apply to sewer service for thi project . b) All necessary public improvements have been provid will be required as conditions of approval. c) The applicant has agreed and is required by the in of an appropriate condition to pay a public facili fee. Performance of that contract and payment of will enable this body to find that public faciliti be available concurrent with need as required by t general plan. 4) The proposed project is compatible with the surroundin future land uses since surrounding properties are desi( with compatible land uses or adequately buffered, as si 5) The granting of this permit will not adversely affect ( be consistent with the code, the General Plan, applicai specific plans, master plans, and all adopted plans of City and other governmental agencies, as discussed in . staff report. 6) The proposed use at the particular location is necessai desirable to provide a service or facility which will contribute to the general well-being of the neighborhoc the community, as discussed in the staff report. 7) Such use will not be detrimental to the health, safety general welfare of persons residing or working in the vicinity, or injurious to property or improvements in t vicinity, as discussed in the staff report. that building permits may not be issued for the pr i the staff report. PC RES0 NO. 2271 -2- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 8) The proposed non-residential planned development meets i minimum development standards of the underlying zone, e, for lot area, as discussed in the staff report. 5) An Environmental Impact Report was recommended for certification for this project by the Planning Commissic March 28, 1984. The EIR identified impacts from the prc considerations exist as described below. A. Traffic - The traffic section of the EIR indicates there will be a significant impact at the El Caminc Real/College Boulevard and College Boulevard/A Strc intersections if these roads are constructed to gel plan standards. These impacts will be mitigated b use of additional turn lanes on College Boulevard , Camino Real, the construction of an additional sigi the A Street/College Boulevard intersection, and tl of two right-turn-only accesses connecting A Stree Camino Real south of College Boulevard. B. Land Use - The potential for a significant impact 01 use exists between the large commercial shopping art future residential areas and between the proposed residential area at the east end of the project and approved Carlsbad Ridge Project. Both of these are shown for future development, requiring amendments Specific Plan and allowing for future review and conditions. Provisions of the Specific Plan requiri landscaping to buffer the proposed commercial/of f icl from adjoining land uses. The future residential development would be restricted to no more than 2 d This lower density should ensure compatibility with neighboring residential uses. project. These impacts can either be mitigated or oven C. Topography and Visual Aesthetics - Future developme proposed would result in significant alterations to existing landforms. Most of the trees associated w oak-woodland are being preserved as open space. Th project has been altered to preserve most of the hi area just southwest of the creek. Additional gradi landscaping and design measures have been incorpora into the specific plan to reduce visual impact. D. Air Quality - Identified impacts on air quality wou to be' conisdered significant based on the Regional Quality Strategies. These impacts are cumulative i nature and true mitigation must occur on a regional The benefits of the proposed project in providing employment opportunities and revenues would over-ri cumulative aspects. I //// PC RES0 NO. 2271 -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 e 0 E. Archaeology - Five archaeological sites were found project area which could be significantly affected development. These sites will be required to be mj by a qualified archaeologist as a condiition of thc specific plan. F. Biology - The proposed project poses significant ir the biological resources of the site. The project been altered through the specific plan so the sensi riparian woodland area of the site will be fully pr in natural open space. G. Hydrology and Water Quality - Development within tk year floodplain could cause significant impacts. E development is currently proposed in the floodplair Any development occuring in this area would be reqL process a special use permit subject to future environmental review. H. Geology/Soils/Paleontology - Future development of property could be significantly affected by soil affect paleontological resources. A detailed geote is being required prior to the issuance of building permits and a qualified paleontologist will be requ monitor grading, pursuant to the Specific Plan. instability and development could also significant1 Conditions: 1) Approval is granted for CP-273, as shown on Exhibits “A “Bn, dated March 28, 1984, incorporated by reference an file in the Land Use Planning Office. Development shal substantially as shown, unless otherwise noted in these conditions. 2) This project is approved upon the express condition tha final map shall not be approved unless the City Council 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 tha building permits will not be issued for development of subject property unless the City Engineer determines th sewer facilities are available at the time of applicati such sewer permits and will continue to be available un time of occupancy. This note shall be placed on the fi map. //// //// //// PC RES0 NO. 2271 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 4) This project is approved upon the express condition the applicant shall pay a public facilities fee as required City Council Policy No. 17, dated April 2, 1982, on fil the City Clerk and incorporated herein by reference, ar according to the agreements executed by the applicant f payment of said fee, a copy of those agreements, dated 29, 1982, November 19, 1982, and February 25, 1983, arc file with the City Clerk and incorporated herein by ref If said fee is not paid as promised, this application \ be consistent with the General Plan and approval for tk project shall be void. Approval of this request shall not excuse compliance wj sections of the Zoning Ordinance and all other applicat ordinances in effect at time of building permit issuanc 5) Land Use Planning Conditions 6) The applicant shall prepare a reproducible mylar of thc site plan incorporating the conditions contained hereir site plan shall be submitted to and approved by the Lar Planning Manager prior to the issuance of building pern 7) The applicant shall establish a owner's association ani corresponding covenants, conditions and restrictions. CC&R's shall be submitted to and approved by the Land I Planning Manager prior to final map approval . Land Use Planning Manager prior to the recordation of t final map. Said map shall show all lots and streets wj and adjacent to the project. 8) A 500' scale map of the subdivision shall be submitted 9) All landscaped areas shall be maintained in a healthy i thriving condition, free from weeds, trash, and debris, 10) The project shall provide bus stop facilities at locatj subject to the satisfaction of the North County Transit trict. Said facilities shall at a minimum include a be free from advertising, and a pole for the bus stop sigr bench and pole shall be designed in a manner so as to r detract from the basic architectural theme of the projc said design shall be subject to the approval of the Lar Planning Manager and North County Transit District. 11) The project shall attempt to develop a ride to work and program for its employees with the North County Transit trict. Furthermore, the project shall attempt to limit staggering of worker shifts so as to facilitate the SUC said program. 12) Approval of Condominium Permit No. 273 is granted subjc approval of zone Changes 272 and 274, Tentative Tract E and Specific Plan 190. All conditions of approval for shall be incorporated into SP-190. PC RES0 NO. 2271 -5- I. 2 3 4 5 6 7 8 9 10 11 12 13 I* 15 16 17 18 I.9 20 21 22 23 24 25 26 27 28 e e 13) Prior to issuance of a building permit, the Building Di shall review the architectural plans to ensure complian the State of California interior noise standard of 45 C At that time, any additional measures (thicker glazing, absorption material, or shielding of vents) to further attenuate the noise to acceptable level shall be requir 14) Prior to issuance of a Building Permit, the developer s enter into agreement for the operation of the hotel. S agreement shall guarantee the operation of the project hotel use and payment of Transient Occupancy Tax, Engineering Conditions 15) The developer shall obtain a grading permit prior to th 16) The grading for this project is defined as "controlled commencement of any clearing or grading of the site. ing" by Section 11.06.170(a) of the Carlsbad Municipal ( Grading shall be performed under the observation of a c engineer whose responsibility it shall be to coordinate inspection and testing to insure compliance of the work the approved grading plan, submit required reports to t Engineer and verify compliance with Chapter 11.06 of thi Carlsbad Municipal Code. "as-graded" geologic plan shall be submitted to the Cit; Engineer, The plan shall clearly show all the geology i exposed by the grading operation, all geologic correcti7 measures as actually constructed and must be based on a map which represents both the pre and post site grading plan shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on a or similar drafting film and shall become a permanent rt No grading shall occur outside the limits of the subdiv unless a letter of permission is obtained from the ownei the affected properties. 19) All slopes within this project shall be no steeper than 20) Additional drainage easements and drainage structures SI provided or installed as may be required by the County Department of Sanitation and Flood Control or the City f neer. 17) Upon completion of grading, the developer shall insure l18) 21) The developer shall pay the current local drainage area prior to approval of the final map or shall construct dr age systems in conformance with the Master Drainage Plar City of Carlsbad Standards as required by the City Engir //// PC RES0 NO. 2271 -6- 1 2 3 4 5 6 7 8 9 10 l1 12 l3 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 28 * 0 22) The developer shall construct desiltation/detention bas] a type and size and at locations as approved by the Citl Engineer. The developer shall enter into a desiltation maintenance agreement and submit a maintenance &nd satisfactory to the City Engineer prior to the approval final map for this project. Each desiltation basin sha: serviced by an all weather access/maintenance road, Thc provisions of this agreement shall apply to any off-sit1 borrow sites which may be utilized in the construction 1 project as required by the City Engineer. harmless agreement regarding drainage across the ad jacer property prior to approval of the final map. 24) Land for all public streets and easements shown on the 1 tative map shall be dedicated on the final map and shal: granted to city free and clear of all liens and encum- brances. 23) The owner of the subject property shall execute a hold 25) The developer shall comply with all the rules, regulatic design requirements of the respective sewer and water a! regarding services to the project. be approved by the City Engineer prior to approval of tl final map. The structural section of all private streel shall conform to City of Carlsbad Standards based on R-i tests. All private streets and drainage systems shall 1 inspected by the city, and the standard improvement plar and inspection fees shall be paid prior to approval of t final map. 27) All private streets and drainage systems shall be maintz the owner's association in perpetuity. This responsibil shall be clearly stated in the CCbR's. 28) All concrete terrace drains shall be maintained by the c association (if on commonly owned property) or the indil property owner (if on an individually owned lot). An appropriately worded statement clearly identifying the responsibility shall be placed in the CC&R's. 26) The design of all private streets and drainage systems ! I 29) Prior to the approval of a final map for this project tl developer shall dedicate the required roadway rights-of- shown on the tentative map within the tract map boundary obtain city approval of the design and enter into a secu agreement for the construction of the required public improvements. //// //// PC RES0 NO. 2271 -7- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 l8 I' 20 21 22 23 24 25 26 27 28 a 0 30) Prior to the issuance of any building permits for the pi the developer shall dedicate or obtain the dedication 01 onsite or offsite easements necessary to complete the improvement requirements stated within the text of the : plan (Exhibit "A", dated March 28, 1984). In addition, developer shall obtain city approval of the design and 1 into a secured agreement for the construction of the re( public improvements. 31) Prior to the occupancy of any building the developer shq complete construction of all onsite and offsite public improvements necessary to serve the building and as out the text of the specific plan (Exhibit "A", dated March 1984) to the satisfaction of the City Engineer. 32) The sewer system as shown on the tentative map is specij not approved. The complete system shall be designed in conformance with a master sewer basin concept to the satisfaction of the City Engineer, The developer shall city approval of the design, enter into a secured agreer with the city for the construction and obtain any neces: offsite easements to complete the construction of the st improvements prior to the approval of any final map on 1 project . Fire Conditions 33) Prior to the issuance of building permits, complete bui: plans shall be submitted to and approved by the Fire Department. quired if deemed necessary by the Fire Marshall. 34) Additional public and/or on site fire hydrants shall be 35) The applicant shall submit two (2) copies of a site plar showing locations of existing and proposed fire hydrants 1 on site roads and drives subject to the approval of the Marshall . 36) An all weather access road shall be maintained throughoc construction. 37) All required fire hydrants, water mains and appurtenance shall be operational prior to combustible building mater being located on the project site. 38) Any proposed security gate systems shall be provided wit "Knox" key operated override switch, as specified by the Department. 39) All fire alarm systems, fire hydrants, extinguishing sys automatic sprinklers, and other systems pertinent to the project shall be submitted to the Fire Department for ap prior to construction. PC RES0 NO. 2271 -8- 1 2 3 4 5 6 '1 8 9 10 11 12 13 14 15 16 3.7 18 19 20 21 22 23 24 25 26 27 28 I 40) Building exceeding 10,000 sq.ft. aggregate floor area SI sprinklered or have four-hour fire walls with no openin( therein which shall split the building into 10,000 sq.f less) areas. Landscaping plans shall conform to the Fire Protection 1 contained in the City of Carlsbad Landscape Guidelines Manual . - 41) PASSED, APPROVED AND ADOPTED at a regular meeting o Planning Commission of the City of Carlsbad, California, helc the 1 lth day of April, 1984, by the following vote, to wit: AYES: Chairman Rombotis, Commissioners Rawlins, Schlehuber, Marcus, Lyttleton, Farrow and NOES : None . ABSENT: None. ABSTAIN: None. JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSIOb ATTEST: MICHAEL J. HOLZMILLER LAND USE PLANNING MANAGER PC RES0 NO. 2271 -9- e 0 STAFF REPORT 6 DATE : March 28, 1984 TO : Planning Commission FROM: Land Use Planning Office SUBJECT: EIR 83-l/ZC-272/ZC-274/SP-l9O/CT 83-36/CP-273 - DEL MA€ FINANCIAL - Certification on an Environmental Impact Report and request for approval of preannexational zoning of C-2 (General Commercial), 0 (Office), R-1- 20,000 and OS (Open Space); a Specific Plan: Tentative Subdivision Map and Non-Residential Condominium Permit on the northeast side of El Camino Real, north and south of the proposed extension of College Boulevard. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 2266, recommending CERTIFICATION of EIR 83-1. It is also recommended that the Planning Commission ADOPT Resolution Nos. 2267 and 2268, recommending APPROVAL of 2C-272 and 2C-274; Resolution No. 2269, recomrnemPROVAL of SP-190; and Resolution Nos. 2270 and 2271, recommending APPROVAL of CT 83- 36/CP-273; based on the findings and subject to the conditions contained therein. 11. PROJECT DESCRIPTION The applicant is proposing to develop a 99 acre project comprised of a professional office complex, hotel and tennis club, commercial shopping center and residential development, located as described above. To provide for this development, the applicant is requesting: 1) Certification of an Environmental Impact Report 2) Approval of preannexational zoning of: a) 0 - Office and Professional b) C-2 - General Commercial d) OS - Open Space C) R-1-20,000 3) Approval of a Specific Plan 4) Approval of a Tentative Subdivision Map 5) Approval of a Non-Residential Condominium Permit The subject property is located in an unincorporated island on the east side of El Camino Real, approximately 0.7 miles north Of Palomar Airport Road. The site is roughly L-shaped and bisected by the Agua Hedionda Creek. The area northeast of the creek, ultimately proposed for residential development, is characterized by a steep-sided ridge covered with coastal sage scrub and grassland. The area southwest of the creek is e Qb depressed below El Camino Real, Vegetation in this portion of the site is primarily grassland with riparian oak woodland covering the steep north-facing slope adjacent to the creek. A well-developed riparian habitat exists along the Aqua Hedionda Creek, The project site surrounds a 3-43 acre parcel, the Pillsbury property and residence, which is not a part of these applications. Existing land uses include two residences and two office trailers on the project site. consist of Rancho Carlsbad Mobilehome Community and golf course to the northwest, scattered residences and agricultural fields t the northest and east: the Madonna Hills Guest Home to the southeast and the Palomar Tech Centre beyond to the southeast. The Carlsbad Research Center is undergoing development to the southwest. The Mandana Carlsbad Ridge project was recently approved, adjacent to the northeast corner of the project, was recently approved for estate development, For the purposes of this report, the project will be discussed in its five component requests. Surrounding land uses 111. EIR 83-1 The major impacts of the project from eventual development and possible mitigation measures, as identified in the Environmental Impact Report, are summarized below: A. Traffic A total of 32,146 average daily trips will be generated by development in accordance with the proposed conceptual land use plan. The results of the EIR traffic study indicates that there will be a signifcant adverse impact at the El Camino Real/College Boulevard and College Boulevard/A Street intersections, if the roads are constructed in accordance with the City's General Plan. In addition, the intersection spacing proposed along College Boulevard is in conflict with the City's intersection spacing policy. By completing the mitigation measures recommended in the EIR, all of the intersections in the vicinity of the project will be at level of service D or better. The City of Carlsbad generaly requires intersections to be designed for level C or better. The El Camino Real/College Boulevard intersection, however, will operate at level D even without this project, as will several of the intersections in the vicinity of the Palomar Airport. -2- e 0 B. Land Use A portion of the proposed hotel development is located within- the C1, Limited Crash Hazard, airport impact zon for Palomar Airport. This land use is not in use Plan (CLUP), which specifies that additional transient lodging should not occur within the C1 airpor impact zone. The CLUP is , however, outdated and is scheduled to be updated if funding can be obtained. Portions of the proposed project could result in potential land use conflicts with adjacent property. This potential for land use conflicts is associated wit (1) the commercial-recreational shopping area proposed in the northwestern portion of the site and future residential uses allowed by the City's General Plan to the north: and (2) the proposed residential development at a density of approximately four dwelling units, adjacent to the approved Carlsbad Ridge estate development project and the R-A-2-acre zoning to the east. Appropriate buffering of the proposed land use from future land uses should mitigate potential impacts. conformance with the Palomar Airport Comprehensive Land C. Topography and Visual Aesthetics Future development in accordance with the proposed conceptual land use plan would result in significant change in the character of the area from rural to urban. Although detailed grading plans have not been prepared, the conceptual land use plan indicates that the office- professional and hotel complex will be terraced into the hillsides to reduce the amount of grading and the height of manufactures slopes. The proposed open space area along the creek would preserve most of the trees associated with the riparian woodland along the creek, which are considered to be the most significant topographic resource on the property. Enlarging the proposed open space area to preserve the steep hillsides south of the creek, as described in the EIR would reduce impacts to an acceptable level. D. Air Quality Future development of the project site will result in an incremental increase to basin-wide accumulation of air pollutants. Development'in accordance with the -3- e 0 proposed zoning and conceptual land use plan will increase the use of energy and subsequent pollutant emissions beyond those anicipated by the Regional Air Quality Strategies (RAQS). In that this represents an unanticipated increment, the impact to the RAQS must be considered significant, E. Archaeology All five archaeological sites that were recorded within development in accordance with the proposed conceptual land use plan. A two-stage data recovery program is recommended to mitigate impacts to all five sites withi the project area. the project area will be directly impacted by F. Biology The project, as proposed in the conceptual land use plan, would have significant adverse effects on biological resources. The significance of these effects is based on the loss of about 60 acres of natural habitat supporting several populations of rare and declining plant and animal species. Because the riparian woodland is the most significant biological resource on the project area, full protection of this area would be considered adequate mitigation to reduce project impacts to a level of insignificance. Preservation of the riparian woodland would involve enlarging the proposed open space area along Agua Hedionda Creek. G. Paleontology Moderately to highly significant paleontological resources would be directly impacted by development of the project area. These impacts can be beneficial in terms of fossil discovery and salvage provided that paleontological monitoring occurs during grading. Staff believes that EIR 83-1 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 83-1, IV. Zone Changes ZC-272/ZC-274 Requests for preannexational zoning for the subject property were made under two separate applications, as referenced above. -4- I I AREA GENERAL PLAN PROPOSED (Existing) ZONING A RLM R=l=20,000 B -/c/o c-2 C RH/C/O 0 D C c-2 E 1 RH/c/o os I a 0 The proposed C-2 zone would be consistent with the C land use designation of Community Commercial, indicated by the property': combination district. Zoning, therefore would be consistent wi. the General Plan. The proposed office development, Area C would be implemented by with the 0, Office and Related Commercial land use designation ( the combination district. Staff believes that the 19.4 acre site, adjacent to El Camino Real, is appropriate for the zone. This new zone was developed for larger, high quality office complexes. Use of this zone was particularly anticipated in the Palomar Airport area. The Office zone would be compatible with the adjoining C-2, hotel/tennis club, use and buffered by open space from residential uses. The site is bordered on two sides by El Camir Real and College Boulevard, a prime and major arterial. A minoi incompatibility may be created between the proposed office development and the existing Madonna Hill residential care facility, adjacent to the southeast. Staff would, however, anticipate the incompatibility to be minor and the Madonna Hill use is transitional. Area D is proposed for C-2 zoning. The General Commercial zone would implement the, C, Community Commercial, land use designation of the general plan. Anticipated development of the site is a community shopping center with office uses. The C-2 zone would be appropriate for the 18 acre site bounded by El Camino Real and College Boulevard. Setbacks and buffering provisions of the specific plan should ensure compatibility with adjoining uses to the north and west. Finally, the riparian habitat, associated with Agua Hedionda Creek is proposed to be zoned OS, Open Space. Pursuant to the Sycamore Creek specific plan, 14.8 acres would be dedicated in an open space easement. Staff believes that the open space zone is the most appropriate zone for the sensitive biological habitat comprising Area E. Overall, staff believes that the requested zones, indicated in Table 1, are consistent with the General Plan, appropriate for the city's QW Q1 officer zmel The 0 zone would be conbigtent the properties and compatible with surrounding land uses. v. Specific Plan - SP-190 Planning Issues 1) Does the specific plan adequately ensure high quality 2) Does the specific plan mitigate potential significant development? environmental impacts? -6- 0 0 Discussion Staff believes that the proposed specific plan provides adequatf development guidelines to ensure a high quality, mixed use development while mitigating environmental concerns. The Specific Plan is a requirement for this development because it ! located in the Airport Influence Area and because the property contains a Combination District. The specific plan would modify the zoning, providing stricter standards for development. The Sycamore Creek Specific Plan would be consistent with both the proposed Sunny Creek Specific Plan and El Camino Real Scenic Preservation Overlay Zone. The proposed specific plan provides for development of the 99 acre site in ten phases. Comprehensive development standards ar included for Areas B and C to accomodate immediate development o the hotel/tennis club facility and phased development of the off ice complex. Staff believes that these guidelines, including setbacks, landscaping, signage, architectural theme and a detailed schedule of improvements will ensure quality developmen of these areas, General development guidelines are included for areas A and D, the residential and commercial/office portions of the site, sinc. specific development plans are not known. Future development oj these areas will require amendments to the specific plan. These subsequent amendments would enable the Planning Commission and City Council to review future development plans, uses, site design, landscaping and architecture to guarantee quality of design and compatibility. Staff believes that, through redesigns performed by the applicant and safeguard provisions of the specific plan, all'potential significant impacts associated with the proposed project would be mitigated. Subsequent to the release of the draft EIR, the project has undergone a series of revisions in an attempt to mitigate those environmental impacts identified in that document. of primary concern to staff, were potential impacts upon traffic. The EIR predicts a level of service D at the intersection of El Camino Real and College Boulevard at full project buildout. The City generally requires intersections to be designed for level C or better. The traffic analysis contained in the EIR, however, indicates that this intersection will operate at level D even without this project, as will several of the intersections in the vicinity of Palomar Airport. Staff believes the schedule of improvements contained in the EIR, including lane improvements to El Camino Real, auxillary lanes on College Boulevard and extension of "A" street south to connect with Palmer Way will enable this intersection to operate at an acceptable level of service. -7- 9 0 The specific plan additionally includes a provision requiring a traffic study prior to development of Area D, the commercial/office site. Initially proposed for purely commercial development, this area was projected to generate 45% allow evaluation of impacts based on specific uses when development plans are known. The specific plan provides that no uses or development shall be approved which reduces the levels of service below acceptable levels. The site plan has also been revised to mitigate potential land use impacts. The proposed hotel site has been relocated out of the crash hazard impact zone, Landscaped setback buffers, of the ov-erall site traffic. The future traffic study will required by the specific plan, for the commercial/office site should mitigate impacts on future adjoining land uses. Residential compatibility would be ensured by density restrictions contained in the specific plan, The plan further requires an amendment prior to residential development in Area A allowing future review to guarantee compatibility when more specific development plans are available. Site redesign has mitigated some identified impacts to topography, biology and visual aesthetics. The proposed ripariai open space area was enlarged and is protected from development b the specific plan, which will require dedication of an open spacc easement. The proposed hotel was resited off the Oak-Woodland covered slopes, which are now included in open space. Provision: would be included in the specific plan requiring development to be consistent with the El Camino Real Scenic Preservation Overla] Zone. Requirements for heavy landscaping, including the use of many mature specimen trees are also included in the specific plan, The transition from a rural to an urban environment is an unavoidable impact of the project. Staff does believe, however, that anticipated impacts would be lessened by special landscapin? treatment required by the specific plan. Satisfactory mitigation of potential impacts upon archaeology art provided for in the specific plan. Mitigation would involve a two-step recovery program outlined in the specific plan. As a function of the specific plan, the applicant is requesting approval of height in excess of 35 feet for the proposed hotel in Area B, (zoned C-2), and for five office buildings (Buildings C, D, E, F, b G, as shown on Exhibit C), in Area C, (zoned 0). As shown in Exhibits M2 and M3 of the specific plan, the requested height for all of the buildings would be 45 feet. To comply with the restrictions of the C-2 and 0 zonesl staff has modified the specific plan and added a condition of approval that all of the buildings be redesigned not to exceed a maximum height of 35 feet, The options available to the Planning Commission are: -8- * 0 1 ) Leave the specific plan as it is presented, denying the request for the increased height, and leaving intact th provisions of the specific plan and conditions of approval requiring redesign to 35 feet. The underlying _zone, would permit the developer to request the City Council to approve additional height, as he develops thl site. 2) Recommend approval to the City Council of the requested height. This would require a change to the Specific Plan to reflect the applicant's request. Overall, staff believes that the proposed specific plan provides for high quality development, adequate opportunities for future review and mitigates potential environmental impacts. VI. CT 83-36 Planning Issues 1) Does the proposed subdivision comply with all requirements of the Zoning Ordinance and Subdivision Ma] Act? 2) Are the proposed lots suitable in size and shape to accomodate development permitted in the zone and specific plan? Discussion The proposed tentative map would subdivide the subject property into twelve lots and a remainder parcel. Lots A-1 through A-7 would be created for office development of Area C. Lots B-1, B-; and B-3 would accomodate the hotel, tennis club and associated facilities contained in Area B. Lot C-1, isolated by "A" Street, "B" Street and the Pillsbury property would be reserved for future development. Lot D-1 would correspond with Area D, the future commercial/office site. Finally, a 44 acre Remainder Parcel would be created encompassing the open space and future residential area. The lot lines indicated on the tentative map would correspond with the proposed phases of the specific plan. A detailed schedule of improvements was developed for each phase/lot to stand on its own is contained in the Specific Plan. Staff believes that all of the proposed lots would comply with the minimum size, width, frontage and other requirements of the underlying zones and Subdivision Map Act. All of the proposed lots would be suitable in size and shape to accomodate development permitted in the zone. The off ice lots, A-1 through A-7, are designed to accomodate the proposed office -9- 1) e A-1 through A-7, are designed to accomodate the proposed office development. Lot D-1 would be adequate to accommodate community commercial/office development, as permitted in the zone and specific plan. -Hotel and tennis club development would be adequately provided for in Lots B-1, B-2 and B-3. CP-273 The applicant is requesting approval of a non-residential condominium permit for the proposed hotel. The 122 rooms would be subdivided into condominium units. As proposed by the applicant, each unit would be sold to a single owner. The owner would be entitled to use of the room for a limited number of day per year. The rooms would be rented out as hotel rooms, by an operating-management company, for the balance of the year. Staf has recommended, as a condition of approval, that the developer enter into agreement with the City for operation of the hotel. Planning Issues 1) Will the granting of this permit be consistent with the code, the general plan, applicable specific plans, master plans, and all adopted plans of the City and other governmental agencies? 2) Is the proposed use at the particular location necessar and desirable to provide a service or facility which will contribute to the general well-being of the neighborhood and the community? or general welfare of persons residing or working in th vicinity, or injurious to property or improvements in the vicinity? 3) Will such use be detrimental to the health, safety 4) Does the proposed non-residential planned development meet all of minimum development standards of the underlying zone, except for lot area? The proposed condominium hotel would be consistent with the Zoning Ordinance, General Plan and proposed specific plan, all o which provide for commercial development of the site. Staff believes that the project site, near Palomar Airport and the City's industrial core, would provide a desirable service to thi# growing area and visiting executives. The developer would, further, be required to enter into agreement with the City to ensure appropriate operation of the hotel and consistency with the City's Transient Occupancy Taxation policies. The proposed use would be compatible with the adjoining office development. The riparian open space would provide a buffer between the hotel and residential uses. Staff, therefore, believes that the proposed use would not be detrimental to publi welfare or adjoining properties. -10- e e Lastly, the proposed non-residential planned development meets all of the minimum development standards of the C-2 zone. The proposed development, as outlined in the specific plan, would exceed all required development standards. Summary Overall, staff believes that the proposed zones are consistent with the General Plan, appropriate for the site and compatible with surrounding land uses; that the proposed specific plan adequately ensures high-quality development and mitigates potential environmental impacts! that the proposed tentative ma] complies with all requirements of the Zoning Ordinance and Subdivision Map Act and that all of the lots created are adequai to accomodate development permitted in the zone and that the proposed hotel project satisfies all required findings for approval of a non-residential condominium permit. Approval of the proposed project would require three variances the City street standards, two requested by the applicant and ol recommended by the City. A report by the City Engineer, discussing these variances and the required findings, is attached. ATTACHMENTS 1) Report, City Engineer 2) Planning Commission Resolution Nos. 2266, 2267, 2268, 2269, 2270 and 2271 3) Location Map 4) Background Data Sheet 5) Disclosure Form CDN : bw 3/20/84 -1 1- e e ENGINEERING DEPARTRENT STANDARDS VARIANCE REPORT - MARCH 19, 1984 TO: THE PLANNING COMMISSION FROM: City Engineer CARLSBAD TRACT 83-36, SPECIFIC PLAN 190 Section 18 of the Street Design Criteria of the City of Carlsbad Standards provides for Street Width and Improvements Standards' variances provided certai findings can be made. No formalized procedure has been established for the attainment of a Standard's variance. The Standards' variance procedure providc only that the Planning Commission shall have the authority as an administrativc act to grant a variance to the Standards where the literal interpretation and enforcement of the Standards would result in practical difficulties, environmental degradation, or results inconsistent with the general purpose of the Standards. Before any variance may be granted, the following findings musl be found: 1. That there are extraordinary or unusual circumstances or conditions applicable to the situation of surrounding property necessitating a variance of the Standards. 2. That the granting of such variance will not cause substantial drainage problems. 3. That the granting of such variance will not conflict with existing or future traffic and parking demands, or pedestrian or bicycle use. 4. That the granting of such variance will not be detrimental to the public welfare, or injurious to the property or improvements in the vicinity in which the variance is granted. That the granting of such variance will not adversely affect the comprehensive Gener a1 P1 an a 5. The Applicant for the subject project requires three (3) individual variances t the City Standards in order to accomplish the project. The first two variances were requested by the Developer. The third is a recommendation of the City Engineering staff. The variance requests are as follows: 1. Reduction of intersection spacing on College Blvd., between El Camino Real and the proposed "A" Street, from the required 1200 feet minimum to approximately 800 feet. e MARCH 19, 1984 CARLSBAD TRACT 83-36, SPECIFIC PLAN 190 Page 2 2. Addition of eight feet of pavement section and right-of-way on College Blvd., between El Camino Real and the proposed "A" Street, to accommodate one additional lane of traffic. Addition of twelve feet of pavement section and right-of-way on the proposed "A" Street, between College Blvd. and the proposed 'IBII Street, tc accommodate one additional lane of traffic. The three variance requests are inter-related and will be treated as one reque( in the report. The project site is located immediately adjacent to the Agua Hedionda Creek and flood plain. In determining the location of the proposed ''1 well within the flood plain. For Engineering and environmental reasons, a request was made to reduce the required intersection spacing to approximatly 81 feet so as to locate the intersection at the edge of the flood plain area. Since the proposed "A" Street/College Blvd. intersection is to be signalized, this put an added burden on the ability of College Blvd. to handle the ultimat traffic flow it is intended to handle. The traffic report contained within th Environmental Impact Report indicates that the addition of a third lane of traffic for north-bound traffic will relieve much of the pressure on College Blvd. caused by the reduced intersection spacing. The City's Traffic Engineering Consultant has further recommended an additiona lane of traffic on "A" Street at its intersection with College Blvd. to accommodate left turns. It is felt this additional lane will improve efficien at the intersection, thereby reducing the overall effect of the reduced Colleg Blvd. intersection spacing. 3. Street, a strict interpretation of City Standards would have placed "A" Street Engineering staff feels each one of the proposed variance requests meet all fi of the required findings. Each is required by an extraordinary or unusual circumstance or condition. No drainage problems will result. None of the requests will cause a conflict with existing or future traffic, parking, or pedestrian use. There will be no detrimental consequence resulting from any o the variance requests and the granting of these variances will not adversely affect the comprehensive General Plan. I2-d KLL RONALD A. BECKMAN RAB:DH:hmj