HomeMy WebLinkAbout1985-10-01; City Council; 8349; REQUEST FOR GENERAL PLAN AMENDMENT ZONE CHANGE, MASTER PLAN & RELATED ITEMS FOR BATIQUITOS LAGOON EDUCATION PARKco
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The tentative map and planned unit development required by ti
applicant are necessary for residential development in phase Favorable Council action tonight would approve a General Plar
amendment to provide for the variety of uses being proposed,
change to the Planned Community (P-C) zone, a Master Plan foi
conceptual development of the entire property, and specific
approval of all of Phase I (site development plan, tentative
and planned unit development).
Because of the uniqueness and complexity of the project a nu1 issues arose requiring the applicant and staff to work close: resolve them.
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Page 2 of Agenda Bill No. m
Major issues involved the acceptance of Research and Develor uses as part of the university; overall success of the univc
intensity of use: traffic and parking; compatibility of intc
uses and compatibility with the Lake Shore Gardens Mobile Hc
Park. Staff feels that these issues have all been resolved
addition of special provisions in the Master Plan.
various adjustments to parking and intersections if necessai
the time future phases are approved. A provision is also ir
that stops all development if the university, as the primarl
should fail. Issues and solutions are more specifically dis
in a memorandum to the Planning Commission dated August 29,
and in the Master Plan.
The Planning Commission heard these applications at their me
of September 11, 1985. They felt the project was outstandir
recommended certification of the environmental impact report
acceptance of the economic report and approval of all applic
as recommended by the applicant and staff. For a detailed discussion of the applications as proposed, please see the E
report to the Planning Commission.
ENVIRONMENTAL IMPACT
These provisions provide for increased setbacks in certain areas,
An environmental impact report was prepared for this project
has been recommended for certification by the Planning Commj
Additional environmental review will be required for future
d eve 1 opmen t .
FISCAL IMPACT
As part of the requirements of the P-C zone an economic impE report was completed. The report indicates a positive fisce
impact to the city from implementation of the project.
In addition, the increased need for city capital facilities
resulting from this development will be offset by the paymer
the public facilities fee. Any capital facilities related c
to this development will be constructed and paid for by the
developer.
Increased operating expenses related to this development wil
offset to some extent from increased tax or fee revenue gem by the development.
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Page 3 of Agenda Bill No. f2#y
EXHIBITS
1. Location Map
2. City Council Ordinance No. (ZC-319) 3. City Council Ordinance No. (MP-175 ) 4. Planning Commission Resolution Nos: 2482, 2483, 2484, 2
5. Staff Report to the Planning Commission dated September
6. EIR 84-3 (previously distributed)
7. Economic Impact Report (previously distributed)
2486 & 2487
11, 1985 w/attachments
POCATION MAP. EXHl
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CT 85-
PUD-! --.-.--
SDP 8f
EIR 84
BAT~QU~TOS LAGOON EDUCATIONAL
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PLANNING COMMISSION RESOLUTION NO. 2485
A RESOLUTION OF THE PLANNING COMMISSION OF THE C:
PLAN FOR THE DEVELOPMENT OF THE BATIQUITOS LAG001
EDUCATIONAL PARK ON PROPERTY GENERALLY LOCATED II
NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULI
INTERSTATE 5.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO. : MP-175
CARLSBAD, CALIFORNIA, RECOMEENDING APPROVAL OF A
WHEREAS, a verified application for certain prop(
wit:
All of lots 1, 2, 3, and 4 of Parcel Map Number together with a portion of the west half of Sect
Township 12 South, Range 4 West, San Bernardino 1 Meridian, all in the City of Carlsbad, County of
Diego, State of California,
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WHEREAS, said application constitutes a request l
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 11th
September, 1985, hold a duly noticed public hearing as prc
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing ant
considering all testimony and arguments, if any, of all PC
desiring to be heard, said Commission considered all factc
relating to the Master Plan; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hc
the Commission recommends APPROVAL of MP-175, based ( following findings and subject to the following cond.
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Findings:
1) The proposed master plan is consistent with the Gene
and with the P-C zone for reasons stated in the staf
2) The proposed master plan is appropriate for the site
reasons stated in the staff report.
3) The proposed master plan will not adversely impact e. future development in the area for the reasons statec
staff report.
4) The uses proposed within the master plan area will bc
internally compatible.
5) The applicant has agreed and is required by the incl.
an appropriate condition to pay a public facilities
Performance of that contract and payment of the fee T enable this body to find that public facilities will
available concurrent with need as required by the Gel Plan.
6) The streets and thoroughfares proposed are suitable i
adequate to carry the anticipated traffic thereon.
The area surrounding this development is or can be p: zoned in coordination and substantial compatibility \
development.
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8) The development permitted by this master plan will nc
adversely impact the existing Batiquitos Lagoon and t
habitats located' on the subject property.
9) The environmental impacts of this project have been ,
addressed in a certified Environmental Impact Report,
Appropriate mitigation measures have been incorporatc Master Plan. Additional environmental review will be
when development plans are submitted for each phase c area.
Conditions:
1) Approval is granted for MP-175, as shown in the text
attached exhibits labeled Exhibit "B" , dated Septembe 1985, incorporated by reference and on file in the LC
Planning Office. Development shall occur substantial
shown unles otherwise noted in these conditions.
2) This project is approved upon the express condition t
applicant shall pay a public facilities fee as requir
Council Policy No. 17, dated April 2, 1982, on file b
City Clerk and incorporated herein by reference, and
PC RES0 NO. 2485 -2-
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to the agreement executed by the applicant for paper
fee, a copy of that agreement, dated September 9, 19f
file with the City Clerk and incorporated herein by I
If said fee is not paid as promised, this applicatior
be consistent with the General Plan and approval for
project shall be void.
PASSED, APPROVED AND ADOPTED at a regular meetins
Planning Commission of the City of Carlsbad, Calfornia, he
11th day of September, 1985, by the following vote, to wit
AYES : Chairman Schlehuber, Commissioners: L'E- Marcus, Smith and Rombotis.
NOES : None.
ABSENT: Commissioners: McFadden and Rombotis.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Che
CARLSBAD PLANNING COMMIC
ATTEST:
MICHAEL J .hfi!)LZ~IrnR
LAND USE PLANNING MANAGER
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PC RES0 NO. 2485 -3-
bUtP".L'-l& DATE: e wyLLw SEP"4 - 24, 1985 @i
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STAFF REPORT
DATE : SEPTEMBER 11, 1985
TO : PLANNING COMMISSION
FROM: LAND USE PLANNING OFFICE
SUBJECT: EIR 84-3/GPA/LU 85-1O/zC-319/MP-l75/CT 85-14/PUD-90/
SDP 85-5 - BATIQUITOS LAGOON EDUCATIONAL PARK - Reque for the Certification of an Environmental Impact Rep0 and approval of a General Plan Amendment, Zone Change
and Master Plan for a 167.9 acre site located
immediately north of Batiquitos Lagoon between Interstate 5 and Carlsbad Boulevard. The approval of
Tentative Tract Map, Planned Unit Development and Sit
Development Plan for Phase I (68.4 acres) of the subj property is also requested .
I. RECOMMENDATION
It is recommended that the Planning Commission: (1) ADOPT
Resolution No. 2482 recommending CERTIFICATION of EIR 84-3 an6
ADOPT Resolution Nos. 2483, 2484, 2485, 2486 and 2487,
14/PUD-90 and SDP 85-5 based on the findings and subject to tt- conditions contained therein,
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The applicant is requesting approval of a General Plan amendmc zone change and a Master Plan for a 167.9 acre site located a:
described above. The applicant is also requesting approval of tentative tract map, planned unit development, and site development plan for Phase I (68.4 acres) of the subject property.
Staff will give a brief overview of the proposed project and master plan in this report; for more details see the attached Master Plan, Exhibit "B".
The Batiquitos Lagoon Educational Park is proposed as a mixed community. A graduate university will function as the primar:
include a law school, public affairs institute, school of
communication and information science, school of land use and real estate, and school of Pacific Rim studies. In conjunctit and supporting the educational institution, the project is
proposed to include, research and development facilities and office uses, which are directly related to and will consisten interact with the school, a variety of housing types includinl
single family, townhomes, condominiums and student apartments
major hotel and executive conference center, neighborhood
recommending APPROVAL of GPA/LU 85-10, ZC-319, MP-175, CT 85-
PRO J E: C T DES C RI PT I ON
component of the proposed development, The university will
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commercial, visitor serving commercial, and recreational
commercial (i.e. nutrition center and sports injury clinic) facilities, U.S. Olympic volleyball and weight lifting team training facilities, and other community recreational
facilities.
In association with this proposed project, the applicant in
cooperation with the City of Carlsbad, the California Coastal
Conservancy, the California Department of Fish and Game, the
Batiquitos Lagoon Foundation and other interested parties, is
proposing an enhancement plan for Batiquitos Lagoon. this enhancement plan is to minimize continuing sedimentation of
the lagoon, restore tidal flushing of the lagoon, and to dredge
sands which now fill the lagoon, and deposit them on South Carlsbad Beach.
The project applicant also proposes to provide a passive
recreational pathway and viewpoints and to provide additional beach parking by changing the alignment of Carlsbad Boulevard.
The exact nature and location of these facilities will be determined by the Lagoon Enhancement Plan.
The western and southern portions of the project site already
have approved final maps (CT 84-25 and CT 82-18) which provide for 954 dwelling units. The proposed project would supercede these maps.
This Master Plan is subject to approval by the Coastal
Commission relative to the Local Coastal Plan, and portions of
this Master Plan could be modified in accordance. Modifications less restrictive, or allowing uses not contained in the Master
Plan, would necessitate a Master Plan amendment by the City of
Car lsbad .
A. Environmental Impact Report
Certification of an Environmental Impact Report is being requested. At the time that this EIR was prepared, a conceptual site plan for this proposed project was the only plan available for purposes of analysis. Since the preparation of this EIR, the
Batiquitos Lagoon Educational Park conceptual site plan has gone
through extensive revision. It should, however, be noted that the identified impacts and recommended mitigations of this EIR are still applicable. It is staffs opinion that through
incorporation of mitigation measures into the provisions of the
Master Plan, and the fact that further environmental review is necessary with the submittal of future site development plans, adequate environmental review will occur. Major areas of possible environmental impacts are discussed below:
The goal of
1. Traffic
The proposed project would generate approximately 26,500 ADT. This ADT exceeds the traffic volumes
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indicated for the project area in the Carlsbad Traffic Model by 12,780 trips. However, since th
majority of project trips are anticipated to be internal to the project, the net increase to the
external road system will only be 2,700 trips.
Traffic volumes will not exceed the capacities of any of the project area roadways, however, peak h volumes will impact various intersections. Mitigation measures recommended to avoid traffic
impacts to area intersections include (1 )
signalization and dual southbound left-turn lanes
the Poinsettia Lane/Avenida Encinas intersections
(2) improvements to Avenida Encinas and (3) evaluation of the Carlsbad Boulevard/proj ect acce
Lane should be completed when plans are available
The applicant has agreed to implement these recommended mitigations. In addition, a traffic analysis has been undertaken for the internal
roadway system (Urban Systems Associates, June 24
1985). This analysis concludes that the proposed
projects internal street system will operate'
adequately to accommodate all phases of
development.
intersection, 1-5 ramp intersection, and Poinsett
2. Land Use
The EIR points out that the research and develop facilities associated with the proposed universit would not be compatible with the underlying Gener Plan designation. This compatibility issue has k
resolved through a request for a General Plan amendment on the university portion of the proper
to P, Private School. In association, the propo: Master Plan has been written to incorporate critc to ensure that all office or research and development facilities proposed are in conjunctic with the university.
The EIR also points out that the greatest potenti land use incompatibility is between the proposed project and Batiquitos Lagoon and Lakeshore Gardf
Mobile Home Park. Mitigation measures are propo! in the EIR. These measures include a 45 to 50 fc setback of structures from the lagoon bluff edge foot height limit for buildings within 100 feet (
the bluff with 30 percent of all structures with: 100 feet of the bluff being at no greater then 01
story in height, and a minimum 80 foot landscape( setback of structures from the Lakeshore Gardens Mobile Home Park.
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3. Topography and Visual Aesthetics
The proposed development could result in significant
visual impacts associated with the height of
structures within 50 feet of the lagoon bluff.
- Future development of the property will also affect
natural scenic views of Batiquitos Lagoon from
Carlsbad Boulevard (a potential scen'ic highway) and
1-5 (a state scenic highway).
To mitigate these impacts, design controls are
suggested and have been incorporated including: (1)
all structures will be setback a minimum of 45 feet
from the lagoon bluffs, (2) all structures within
100 feet of the bluff will be a maximum of 25 feet
high with a minimum of 30 percent being a maximum
one-story in height.
4. Cultural Resources
Archaeological sites have been discovered on the
property. Potential impacts to cultural resources .
is being mitigated through a salvage excavation program. Since there would also be a potential for
impacts to significant paleontological resources, it
is recommended that a qualified paleontologist
monitor project grading.
5. Biology
Potential significant indirect biological impacts will occur as a result of the proposed passive and
active recreation areas: trails adjacent to the
lagoon, viewpoints, picnic areas, and interpretive
centers. These facilities will result in increased levels of human activity adjacent to the lagoon
productivity. These potential impacts will be
mitigated through project redesign.
which will have a direct effect on the lagoon's
6 . Ag-ricultural Resources
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Implementation of the proposed project will result in a loss of agricultural land on the subject
property. Although the property is not recognized
as prime agricultural land, it is within the coastal zone and is therefore subject to coastal
policy, which calls for the preservation of
agriculture. Mitigation of the loss of
agricultural land will be accomplished by the
payment of fees to the State Coastal Conservancy as
provided by Public Resources Code 30171.5.
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7. Hydrology and Water Quality
Potential impacts include erosion of the bluff fr
runoff, erosion of soils during construction, and altered chemical content of runoff into Batiquito Lagoon. The project will include two sedimentati
addition, a maintenance program to remove debris
chemical contaminants associated with runoff.
- basins which will control runoff sediment. In
from paved surfaces, will be implemented to reduc
8. Noise -
Potential significant traffic and train noise impacts are anticipated from 1-5, the AT&SF Raila and Carlsbad Boulevard. Structural, design and siting measures will be incorporated into the project to mitigate potential impacts to affected areas.
Staff feels that EIR 84-3 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 84-3.
B. General Plan Amendment
Planning Issues
1) Are the proposed land use designations appropriate fc
the site?
2) Are the proposed land uses consistent and compatible with surrounding land uses?
Discussion
The approval and/or implementation of the proposed Batiquitos
Lagoon Educational Park Master Plan or Phase I tentative tracl map would first require the approval of a General Plan amendmt
and zone change on the 167.9 acre subject property. In
accordance, the applicant is requesting the approval of a Gent
Plan amendment and zone change as discussed below.
The existing and proposed General Plan designations for the
project site are shown on Exhibit "C" and the existing and proposed zoning are shown on Exhibit "D". The existing Generi
Plan would allow a maximum of approximately 1,783 dwelling un to be constructed on the subject property and approximately 1( acres of TS (Travel Service Commercial). The applicants requc would alter this scenario. The proposed General Plan amendmei would reduce the maxinum number of residential units to 648.
With the reduction of units, however, there is an increase in intensity from residential to commercial, research and
development, and educational uses on certain portions of the site.
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The primary change to the General Plan involves the circular area
in the center of the site. This 40.3 acre area is proposed to be developed with the Batiquitos Lagoon Educational Institute, and
associated research ana development, and office uses. In order to accommodate this proposed private educational institution, the
applicant is requesting that this area be redesignated to P, Private School. As shown on Exhibit 'IC" this area is currently designated for RMR, Residential Medium High (9.1 - 15 du/ac) and
RM, Residential Medium (4.1 - 9 du/ac) uses.
Surrounding this core area the applicant is proposing primarily
(9.1 to 15 du/ac) to the north, east and southwest of the ring road. The applicant is proposing RM (4.1 to 9 du/ac) for the
area south of the ring road. To the west the applicant is proposing the RC (Recreational Commercial) which would provide for the recreational needs of the school (gymnasium, athletic
fields, etc).
To the west, across the railroad tracks, the applicant is
proposing C (Community Commercial) on the north side of Avenida Batiquitos and TS (Travel Service) on the south side.
On this property, as on most Master Plans, a community concept . '.. including a variety of different land uses is being proposed and
if acceptable, the framework of the Master Plan helps to
formulate the General Plan for the property, For example, educational institutions are permitted under the existing
residential land use but in Master Plans staff has always felt
that the General Plan should more precisely depict what will be built. Also, the project is unique and does not lend itself to be treated in a normal manner. If the City accepts the concept
that a private university and a surrounding educationally oriented community are acceptable then the surrounding uses
become legitimate.
Acceptance of this concept involves some deviance from existing General Plan concepts. The existing General Plan is based on a quandrant theory with a variety of uses being provided throughout
each quadrant.
residential uses, commerecial uses, schools, parks, etc. The City, then, is made up of four of these quadrants or subareas. The developer is basically proposing an additional quadrant, or mini-quadrant, within the existing southwest quadrant of the
City. Like the larger quadrants, this area would contain a
variety of different housing types and commercial facilities and
could basically stand on its own. Traditionally, the General
residential from other uses than is proposed. The factor that makes the proposed concept acceptable, however, is that it will
be a self-contained educationally oriented subcommunity centered
around a university. Assuming acceptance of a university village
concept the major General Plan issues then become narrowed.
These issues would include the compatibilitiy of the project uses
with neighboring uses and internal uses, and the increase in intensity of the General Plan.-6-
residential uses, The General Plan densities proposed are RMH
A quadrant is basically a subcommunity with
Plan calls for more separation of housing types and separation of
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Looking at neighboring land uses, the project site is located
a literal "corner" of the City that is bounded on the east by
Lagoon. The area with potential for impact is the north, wher the Lake Shore Gardens Mobile Home Park is located. This proj was built-at approximately 7 du/ac. The Residential Medium Hj
(9.1 to 15) is being proposed for this section of the educatic park but actual density will be limited to seven du/ac througk
the Master Plan. Large separation setbacks will be provided.
Further west on the north property line is the (C) Commercial
area. This is located next to property designated Residential
Medium High (RMH) density. Staff feels that the Commercial u: will be compatible with existing uses (Ponto Storage) and witk future higher density residential uses.
There is no doubt that the proposed General Plan amendment
represents a major increase in intensity form residential use: a combination of uses including Commercial and Office. Staff immediately concerned over the possibility of traffic impacts
Review by an independent traffic engineer and the City's trafj
engineer indicated that the streets serving the project are adequate to handle the increase in intensity. Because the streets are adequate and because of the isolated nature of tht site, staff can find that the land use is acceptable for the site.
In summary, staff feels that the General Plan as proposed goer
hand in hand with the concepts developed for the Master Plan t
provides the proper land use under which the Master Plan can 1
implemented. The potential for land use impacts on the Lake
Shore Gardens Mobile Home Park will be mitigated through the Master Plan with limitations on density and increased setback:
C. Zone Change
Planning Issues
5, the west by Carlsbad Boulevard and the south by Batiquitos
1) Is the proposed zoning consistent with the General P:
designation on the property?
2) Is the proposed zoning consistent with the surroundii
zoning and land use?
Discuss ion
The existing and proposed zoning on the subject property is SI on Exhibit I'D". The applicant is proposing to rezone all of
developable portions of the site to P-C, Planned Community. ' portion of the property currently zoned OS, Open Space, adjac to the Batiquitos Lagoon will remain as such. The P-C zone requires that a Master Plan be prepared before any developmen takes place.
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The zoning will be consistent with the General Plan because the
proposed P-C zone is compatible with almost any General Plan designation. The intent of the P-C zone is to ensure
compatibility with the General Plan through the Master Plan process. Because the P-C zone contains no specific standards it
is important to be sure that the-Master Plan covers all aspects of the prolect. Essentially the Master Plan becomes the zoning for the property under guidelines established in the PC zone.
The Master Plan is discussed below.
D. Master Plan
Planning Issues
1) Does the Master Plan properly implement the General
Plan, zoning, and appropriate policies governing the site?
2) Is the general development plan, the standards and
the phasing provided in the Master Plan adequate to
properly develop the property?
Discussion -
Many hours of staff time were utilized in preparing and
negotiating the details of this Master Plan. The project is
unique and at the same time, based on staffs research, could be risky from a success standpoint. An Economic Impact Report (attached) did indicate that the project is viable. According to this report, the project as proposed includes all the elements for a successful development. The proposed project is expected to have a beneficial effect on the City's financial position.
With regard to the viability of a new educational institution, it is concluded that the university must be able to attract and
keep a qualified/highly acclaimed faculty in order for full
accreditation to be realized and the university's educational
goals be achieved. There are certain aspects of the project that staff felt uncomfortable with; however, based upon the controls and standards placed in the Master Plan, can accept. One of the major reasons why staff was able to accept the project is the
includes concepts and standards. Actual development is reviewed
through the site development plan process required before each
phase. This gives the City the opportunity to halt or modify the
project at each phase if the project is not meeting the City's expectations. The major issues and compromises are discussed in an attached memo to the Staff Report dated August 29, 1985.
The Batiquitos Lagoon Educational Park Master Plan would permit a variety of land uses and densities. The property has been
divided into 16 separate planning areas and three phases as shown in Table A. (The conceptual site plan for the property is shown on Exhibit IV, B and C of the Master Plan.) Approximately 33
fact that the Master Plan sets a framework for development which
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acres (21 percent) of the Master Plan area is composed of lago
and lagoon bluffs. All of this biologically sensitive area wi be maintained in open space. Otherwise individual neighborhoo
developments are proposed throughout the remainder of the
property. Each neighborhood or planning area is proposed to
include coppatible land uses and-product types.
As discussed earlier in this report, the Batiquitos Lagoon
Educational Park Master Plan, if approved, will serve to provi master development guidelines for the subject property. This
Master Plan establishes: allowable uses per planning area, maximum development intensities, development standards and
guidelines, and the location and phasing of all required publi
facilities. The Master Plan in effect implements the General
Plan, the zoning, and provides guidance for development for a1
aspects of the property.
Planning area "A" is designed to be the core of the Master P~E
with a private university being the basic component of the entire park. Area A would contain the university's law school office buildings, and several buildings proposed for research and development .
After accepting the concept of a university in this area, the major issue concerning area "A" was to make sure that it didn' become a research and development park. Under the Master Plar
buildings proposed for off ice and research and development US€
would only be approved in concept with the approval of this pl
As noted in the Master Plan text on pages 23 and 24, these ofj
and research and development uses are regarded as "Related Us€
which are not allowed by right. In order for these buildings
potential lessor or purchaser of space will have to satisfy tl Criteria for Related Uses established in the Master Plan, and receive approval from the Land Use Planning Manager. No resei and development facilities permitted shall be involved in manufacturing onsite. Staff feels that these criteria for related uses adequately ensures that all future research and development or office uses will be directly associated with tl educational institute and that these measures will help protec our existing industrial areas from unfair competition.
Standards for area "A" require special setbacks along the rinc
road, a height limit for buildings of 35 feet and a limitatioi
on uses. Standards do provide for a 90' maximum campanile or
bell tower as a landmark for the university.
Planning Areas "B", "Cl', "D", "E", "F", "G" and "H" comprise
residential portions of the project and are designed to ring
Areas "C" and "H" contain a small lot single family detached product type. Areas "B", rrD1r, *'E", "F", and "G" contain mult
family housing. Area "G" is anticipated to provide multiple
be used for office or research and development purposesl any
educational facility, A variety of housing types are propose(
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family housing for students. The Master Plan requires that each residential area must meet our existing Planned Development
Ordinance standards. Special standards are also applied
including special setbacks and landscaping between product types. Planning area "F", adjacent to the Lakeshore Gardens Mobile Home
Park, has special provisions reducing the density to 7 du/ac and creating an 80' setback to ensure compatibility.
Planning areas "H" and "I" would include recreational facilities
to include a large gymnasium for the university. These areas could also include a healthclub, day care center and student book store. This area is also proposed to be the home of the U.S.
Olympic Volleyball and Weightlifting teams. The gymnasium will
be the only building that exceeds 35 feet. Olympic rules
necessitate a structure of approximately 55 feet in height. Its location, however, is not highly visible.
Moving west of the railroad tracks, area "M" is proposed as a
"town and country" type commercial with a small market, restaurants and other uses designed to service the educational park. The areas south of area "M", areas "J", "K" and "L" will
be tourist oriented and include a hotel, convention center, and related tourist commercial uses. Area "P" will be .open space.
A major provision of the Master Plan includes the developer to
submit a site development plan prior to the development of each phase. This will provide the City the ability to review each individual planning area and determine the appropriate development standards and conditions to be provided. This would
also allow the City to modify standards. For example, if it is
found that parking is short for the university, parking may be increased in the next phase to provide for the shortage.
E. Tentative Map/Planned Unit Development/Site Development
Plan -
DISCUSSION
Planning Issues:
1) Does the proposed project conform to the Master Plan?
2) Do the proposed residential areas meet the standards of the Planned Development Ordinance?
The applicant is also requesting approval of a tentative tract
map, planned unit development and site development plan for Phase
I of the proposed master plan. Phase I is composed of approximately one-half of planning area "A" and planning areas
development of 129 residential units (77 zero lot line single
family units and 52 condominium units), the educational institute
r I and "0". This tentative map proposes the 18 B 11 11 C II 11 N 11
law school (75,800 s-f.), 64,800 s.f, of office space and two
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research and development buildings (126,200 s.f.) over 68.4 acres. Of this 68.4 acres, approximately 23.3 acres adjacent
the Batiquitos Lagoon (planning areas "N" and "0") will be
maintained and designated for open space use. Approximately 1
acres of this phase will be utilized for streets and institute
parking. This proposed Phase I will have a residential densit
of 7.3 du/ac (1 29 du's over 17.6 acres). The General Plan for this residential portion of Phase I is RM or 4.1 to 9 du/ac. The 7.3 du/ac falls in the mid-range.
The planning area "C" portion of Phase I will consist of 77
single family detached homes on lots which vary in size from
4,000 square feet to 12,250 square feet. The residential unit will range in size from 1,701 square feet to 2,014 square feet
Lots 23-25 will be sold for custom home development.
The 52 condominium units proposed in the planning area "B"
portion of Phase I will range in size from 1,017 square feet t
1,441 square feet. The 52 residential condominiums will be
developed as three 10-plex units and two 11-plex units. Two
10,000 square foot recreation lots which include a pool, spa, restrooms, barbecues, and deck area will also be included in planning areas "€3" and "C" of. Phase I. In'addition;
approximatley one acre of open space located within and betwec
the condominimums and the single family residences will be
included in the projects design.
The planning area "A" portion of Phase I is proposed to be
developed with educational institute uses. The development i1 planning area "A" will include the law school, one office building and two research and development buildings. In
addition, this planning area will include 964 parking spaces two parking lots, and a one acre linear water feature which
extends south to north from the interior of the proposed ring road to the plaza area located at the center of planning area
"A" .
Access to the Phase I area of the master plan is proposed fro1 Avenida Encinas, which is proposed to intersect with Windrose Circle, a secondary arterial ring road which will continue westward throughout the project.
Staff feels that the tentative map, planned unit development
site development plan meet the intent and standards in the Master Plan and the residential developments proposed meet th( standards of the Planned Development Ordinance.
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ATTACHMENTS
1) Planning Commission Resolution Nos. 2482, 2483, 2481, 2485,
2487, and 2486
3) Memo to Planning Commission from Land Use Planning Office,
dated August 29, 1985
4) Table A
5) Background Data Sheet
7) Environmental Document
8) Exhibit "B" - Master Plan
9) EIR 84-3 (previously distributed)
' 2) Location Map - Exhibit "A".
6) Disclosure Form
Exhibit "C" and "D" dated, September 11, 1985
10) Economic Report (previously distributed)
CDD : CG : bn
8/19/85
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PLANNING COMMISSION RESOLUTION NO. 2482
A RESOLUTION OF THEl PLANNING COMMISSION OF THE CI'
CARLSBAD, CALIFORNIA, RECOMMENDING CERTIFICATION (
ENVIRONMENTAL IMPACT REPORT EIR 84-3 FOR A GENERA
- AMENDFIENT, ZONE CHANGE AND A MASTER PLAN FOR PROP1
LOCATED JUST NORTH OF BATIQUITOS LAGOON BETWEEN I
CARLSBAD BOULEVARD.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO. : EIR 84-3
WHEREAS, on September 11, 1985, the Planning Comm
the City of Carlsbad, held a public hearing on EIR 84-3 pu
the provisions of Title 19 of the Carlsbad Municipal Code;
WHEREAS, the Planning Commission has considered t
comments and documents of all those persons testifying at
hearing; and
WHEREAS, the Planning Commission has received EIR
according to the requirements of Title 19 of the Carlsbad
Code :
NOW, THEREFORE, BE IT RESOLVED by the Planning Co
of the City of Carlsbad as follows:
1) That the above recitations are true and correct.
2) That the Environmental Impact Report EIR 84-3 will be to include the comments and documents of those testif
the public hearing and responses thereto hereby found
good faith and reason by incorporating a copy of the
said public hearings into the report.
3) That the Planning Commission finds and determines tha Environmental Impact Report EIR 84-3 has been complet
conformance with the California Environmental Quality state guidelines implementing said Act, and the provi
Title 19 of the Carlsbad Municipal Code and that the
Commission has reviewed, considered and evaluated the
.information contained in the report.
4) That the Environmental Impact Report EIR 84-3 as so a
evaluated, is recommended for acceptance and certific
the final Environmental Impact Report and thatt the f Environmental Impact Report as recommended is adequat
provides reasonable information on the project and a1
reasonable and feasible alternatives thereto, includi
project.
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5) That each and every significant environmental impact ident
in the Environmental Impact Report would be overruled or
counterbalanced by changes or alteration in the project wh
would mitigate against said adverse impacts or, in certain circumstances, that mitigation of such adverse impacts wou not be feasible under the circumstances and under the econ
and social needs objectives and concerns in providing the
improvements if the project were to be approved, would be
included as conditions of approval of the project.
PASSED, APPROVED AND ADOPTED at a regular meeting of t
Planning Commission of the City of Carlsbad, California, held o
the 11th day of September, 1985, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: L'Heureu Marcus, Smith and Hall.
NOES : None.
kBSENT: Commissioners: McFadden and Rombotis.
ABSTAIN : None.
'L.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST :
\
MICHAEL J. a ZMILMR LAND USE PLANNING MANAGER
PC RES0 NO. 2482 -2-
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PLANNING COMMISSION RESOLUTION NO. 2483
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL
- RM, RESIDENTIAL MEDIUM AND RMH, RESIDENTIAL MEDII.
P, PRIVATE SCHOOL, RM, RESIDENTIAL MEDIUM, RC, RE
COMMERCIAL, TS, TRAVEL SERVICE AND N; NEIGHBORHOC
COMMERCIAL ON PROPERTY GENERALLY LOCATED IMMEDIA'I
OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULEVARD I
INTERSTATE 5.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO.: GPA/LU 85-10
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
WKEREAS, a verified application for an amendment
General Plan designation for certain property located, as
Exhibit "C", dated September 11, 1985, attached and incorr
herein, have been filed with the Planning Commission; and
WHEREAS, said verified applications constitute a
for amendment as provided in Title 21 of the Carlsbad Munj
Code: and
WHEREAS, the Planning Commission did, on the lltk
September, 1985, hold a duly noticed public hearing as prc
by law to consider said request;
WHEREAS, at said public hearing, upon hearing anc
considering all testimony and arguments, if any, of all pc
desiring to be heard, said Commission considered all factc
relating to the General Plan Amendment.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That in view of the findings made and considering the
applicable law, the decision of the Planning Commissj recommend APPROVAL of GPA/LU 85-10, as shown on Exhi1
dated September 11, 1985.
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Findinqs:
1) The subject property is physically suitable for developmen permitted int he respective land use designations, as
discussed in the staff report.
The uses allowed in the proposed land use designations wil
compatible with surrounding land uses and with other eleme
of the General Plan.
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3) The uses allowed in the proposed land use designations wil
compatible with future land uses.
4) The environmental impacts of this request have been adequa
addressed in a certified environmental impact report and
appropriate mitigation measures have been incorporated int
project.
PASSED, APPROVED AND ADOPTED at a regular meeting of t
Planning Commission of the City of Carlsbad, California, held o
11th day of September, 1985, by the following vo€e, to wit:
AYES : Chairman Schlehuber, Commissioners: L'Heureu Marcus, Smith and Hall.
NOES : None.
LABSENT: Commissioners: McFadden and Rombotis.
ABSTAIN : None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
LAND USE PLANNING MANAGER
PC RES0 NO. 2483 -2-
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PLANNING COMMISSION RESOLUTION NO. 2484
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
CHANGE FROM RD-M-Q, IZESIDENTIAL DENSITY-MULTIPLE
QUALIFIED DEVELOPMENT OVERLAY TO PC, PLANNED COMM
PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF E
LAGOON BETWEEN CARLSBAD BOULEVARD AND INTERSTATE
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO.: ZC-319
WHEREAS, a verified application for certain prope
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wit:
All of lots 1, 2, 3, and 4 of Parcel Map Number 1 together with a portion of the west half of Secti
Township 12 South, Range 4 West, San Bernardino E
Meridian, all in the City of Carlsbad, County of
Diego, State of California,
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WEREAS, said application constitutes a request a
provided by Title 21 of the Carlsbad Municipal Code: and
WHEREAS, the Planning Commission did on the 11th
September, 1985, hold a duly noticed public hearing as pre
by law to consider said request: and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pe
desiring to be heard, said Commission considered all facto
relating to the Zone Change: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public he
the Commission recommends APPROVAL of ZC-319, based c
following findings and subject to the following condi
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Findings:
1) The project is consistent with the City's General Plan sin the proposed uses and residential intensities are allowed and/or are within the density ranges specified for the
properties as indicated on the Land Use Element of the Gen
Plan and a Master Plan is required to further implement th
General Plan and the P-C zone.
2) The site is physically suitable for the type and density o
development since the site is adequate in size and shape t
accommodate the proposed project at the intensity proposed
The proposed project and the uses allowed by the proposed ' zone through the Master Plan will be compatible with surrounding land uses.
4) The environmental impacts of this request have been adequa addressed in a certified Environmental Impact Report and
appropriate mitigation measures have been incorporated int
project.
3)
Conditions:
1) Approval is granted for ZC-319, as shown on Exhibit "D" rd
September 11, 1985, incorporated herein by reference and o
file in the Land Use Planning Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of tl
Planning Commission of the City of Carlsbad, California, held 01
11th day of September, 1985, by the following vote, to wit:
AYES : Chairman Schlehuber, Commissioners: L'Heureu
Marcus, Smith and Hall.
NOES : None.
ABSENT: Commissioners: McFadden and Rombotis.
ABSTAIN : None.
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CLARENCE SCKLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION
ATTEST:
28 LAND USE PLANNING MANAGER PC RES0 NO. 2484 -2-
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PLANNING COMMISSION RESOLUTION NO. 2485
A RESOLUTION OF THE PLANNING COMIISSION OF THE C1
PLAN FOR THE DEVELOPMENT OF THE BATIQUITOS LAGOO?!
- EDUCATIONAL, PARK ON PROPERTY GENERALLY LOCATED I1
NORTH OF BATIQUITOS LAGOON BETWEEN CARLSBAD BOULE
INTERSTATE 5.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO.: MP-175
CAKSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A
WHEREAS, a verified application for certain prope
wit:
All of lots 1, 2, 3, and 4 of Parcel Map Number 1
together with a portion of the west half of Sectj
Township 12 South, Range 4 West, San Bernardino E Meridian, all in the City of Carlsbad, County of
Diego, State of California,
has been filed with the City of Carlsbad, and referred to
Planning Commission; and
WHEREAS, said application constitutes a request i
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 11th
September, 1985, hold a duly noticed public hearing as pre
by law to consider said request: and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all PE
desiring to be heard, said Commission considered all factc
relating to the Master Plan: and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar,
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public he
the Commission recommends APPROVAL, of MP-175, based c
following findings and subject to the following condi
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Findings:
1) The proposed master plan is consistent with the General P1
and with the P-C zone for reasons stated in the staff rep0
2) The proposed master plan is appropriate for the site for t reasons stated in the staff report.
3) The proposed master plan will not adversely impact existin
future development in the area for the reasons stated in ti
staff report.
4) The uses proposed within the master plan area will be
internally compatible.
5) The applicant has agreed and is required by the inclusion
an appropriate condition to pay a public facilities fee.
Performance of that contract and payment of the fee will
enable this body to find that public facilities will be
available concurrent with need as required by the General Plan.
6) The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon.
7) The area surrounding this development is or can be planned
zoned in coordination and substantial compatibility with si
development.
8) The development permitted by this master plan will not
adversely impact the existing Batiquitos Lagoon and associi
habitats located on the subject property.
9) The environmental impacts of this project have been adequa.
addressed in a certified Environmental Impact Report.
Appropriate mitigation measures have been incorporated intc
Master Plan. Additional environmental review will be requi
when development plans are submitted for each phase or plar
area.
Conditions:
1) Approval is granted for MP-175, as shown in the text and
attached exhibits labeled Exhibit "B" , dated September 11,
1985, incorporated by reference and on file in the Land Use
Planning Office. Development shall occur substantially as
shown unles otherwise noted in these conditions.
2) This project is approved upon the express condition that th
applicant shall pay a public facilities fee as required by
Council Policy No. 17, dated April 2, 1982, on file with th
City Clerk and incorporated herein by reference, and accord
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to the agreement executed by the applicant for paymen
fee, a copy of that agreement, dated September 9, 198
file with the City Clerk and incorporated herein by I
If said fee is not paid as promised, this application
project shall be void. -
be consistent with the General Plan and approval for
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, Calfornia, he
11th day of September, 1985, by the following vote, to wit
AYES : Chairman Schlehuber, Commissioners: L'H
Marcus, Smith and Rombotis.
NOES : None.
ABSENT: Commissioners: McFadden and Rombotis.
ABSTAIN : None.
CLARENCE SCHLEHUBER, Cha
CARLSBAD PLANNING COf4MIS
ATTEST:
MICHAEL J."H@LZMImR
LAND USE PLANNING MANAGER
-3- PC NSO NO. 2485
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PLANNING COMMISSION RESOLUTION NO. 2486
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN 80 lj
TENTATIVE TRACT MAP AND 129 UNIT PLANNED UNIT DEVELOPM
ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF
BATIQUITOS LAGOON BETWEEN INTERSTATE 5 AND CARLSBAD
BOULEVARD.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO.: CT 85-14/PUD-90
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WHEREAS, a verified application for certain property t
wit:
All of lots 1, 2, 3, and 4 of Parcel Map Number 13653,
together with a portion of the west half of Section 33
Township 12 South, Range 4 West, San Bernardino Base
Meridian, all in the City of Carlsbad, County of San
Diego, State of California,
has been filed with the City of Carlsbad, and referred to the.
Planning Commission; and
WHEREAS, said application constitutes a request as
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on the 11th day o
September, 1985, hold a duly noticed public hearing as prescribl
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all persons
desiring to be heard, said Commission considered all factors
relating to the Tentative Tract Map and Planned Unit Developmenl
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing,
Commission recommends APPROVAL of CT 85-14/PUD-90, based or
following findings and subject to the following conditions:
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Findings:
1) The project is consistent with the City's General Pla
the proposed density of 7.3 du's/acre is within the d
range of 4.1 - 9 du's/acre specified for the site as on the Land Use Element-of the General Plan.
2) The site is physically suitable for the type and dens development since the site is adequate in size and SI-
accommodate residential development at the density pr
3) The project is consistent with all City public facili
icies and ordinances since:
a) The Planning Commission has, by inclusion of an E
condition to this project, ensured that the final not be approved unless the City Council finds tha
service is available to serve the project. In ad
the Planning Commission has added a condition tha
not be issued for the project unless the City Eng
determines that sewer service is available, and k
cannot occur within the project unless sewer' serv
remains available, and the Planning Commission is that the requirements of the Public Facilities El
the General Plan have been met insofar as they ap
sewer service for this project.
shall be placed on the final map that building pe
b) The Carlsbad School District has written a letter
September 10, 1985, stating that school facilitie
available to this project.
c) Park-in-lieu fees are required as a condition of
d) All necessary public improvements have been provi will be required as conditions of approval. I 19
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e) The applicant has agreed and is required by the i
of an appropriate condition to pay a public facil
Performance of that contract and payment of the f
enable this body to find that public facilities w available concurrent with need as required by the
Plan.
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4) The proposed project is consistent with the City's P1
Development Ordinance and also complies with the Desi
Guidelines Manual.
5) The proposed project is compatible with the surroundi land uses since surrounding properties are designated
residential or private school development on the Gene
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6) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the 1 Use Planning Manager on August 24, 1985 and approved by thc Planning Commission on September 11, 1985.
7) This project requires the construction of the improvements facilities listed in the conditions of approval or the pay
of fees in lieu of construction. This project creates a d
need for the improvements or facilities for the reasons st<
in the staff report. If the improvements or facilities ar provided the project will create an unmitigated burden on
existing improvements and facilities. Further, the
improvements and facilities are necessary to provide safe,
adequate and appropriate service to future residents of th
project consistent with City goals, policies and plans.
Conditions:
1) Approval is granted for CT 85-14/PUD-90, as shown on Exhib
"A" - "G", dated September 6, 1985, incorporated by refere
and on file in the Land Use Planning Office. Development occur substantially as shown unless otherwise noted in @e conditions.
2) This project is approved upon the express condition that t'
final map shall not be approved unless the City Council fi as of the time of such approval that sewer service is avai to serve the subdivision.
3) This project is approved upon the express condition that building permits will not be issued for development of the
subject property unless the City Engineer determines that
facilities are available at the time of application for su
sewer permits and will continue to be available until time
occupancy. This note shall be placed on the final map.
4) This project is approved upon the express condition that t'
applicant shall pay a public facilities fee as required by
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Council Policy No. 17, dated April 2, 1982, on file with t'
City Clerk and incorporated herein by reference, and accon
to the agreement executed by the applicant for payment of
fee, a copy of that agreement, dated September 9, 1985, is file with the City Clerk and incorporated herein by refere
If said fee is not paid as promised, this application will
be consistent with the General Plan and approval for this
project shall be void.
5) The applicant shall pay park-in-lieu fees to the City, pric
the approval of the final map as required by Chapter 20.44
the Carlsbad Municipal Code.
6) The applicant shall provide school fees to mitigate condit
of overcrowding as part of building permit application. Thc
fees shall be based on the fee schedule in effect at the t of building permit application.
PC RES0 NO. 2486 -3-
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7) The applicant shall give notice of the conversion to
tenants as required by the Subdivision Map Act and th
Municipal Code.
8) Approval of this request shall not excuse compliance
sections of the Batiquitos Lagoon Educational Park Ma
all sections of the Zoning Ordinance and all other ap
City ordinances in effect at time of building permit
9) Water shall be provided to this project pursuant to t
Service agreement between the City of Carlsbad and th
Real Water District, dated May 25, 1983.
Land Use Planning:
10) The applicant shall prepare a reproducible mylar of t
site plan incorporating the conditions contained here site plan shall be submitted to and approved by the L Planning Manager prior to the issuance of building pe
11) The applicant shall establish a homeowner's associati
this subdivision and corresponding covenants, conditi
restrictions. Said CC&R's shall be submitted to and by the Land Use Planning Manager prior to final map a Said homeowner's association shall be a participating
the Master Educational Park Association.
12) The applicant shall prepare a detailed landscape and
plan which shall be submitted to and approved by the :
Planning Manager prior to the issuance of building pe
13) A 500' scale map of the subdivision shall be submitte
map. Said map shall show all lots and streets within
adjacent to the project.
All parking lot trees shall be a minimum of 15 gallon
Land Use Planning Manager prior to the recordation of
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15) All landscaped and open space areas in this subdivisi
be maintained in a healthy and thriving condition, fr
weeds, trash, and debris by the homeowner's associati
16) Any signs proposed for this development shall be desic
conformance with the sign program outlined in the Bat
Lagoon Educational Park Master Plan and shall require
and approval of the Land Use Planning Manager prior ti
installation of such signs.
17) Trash receptacle areas shall be enclosed by a six-foo
of said receptacles shall be approved by the Land Use
Manager.
masonry wall with gates pursuant to City standards.
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18) All roof appurtenances, including air conditioners, shall
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursu
to Building Department Policy No. 80-6, to the satisfactio
the Land Use Planning Manager and Building and Planning
Director.
19) The applicant shall submit a street name'list consistent w the City's street name policy subject to the Land Use Plan
Manager's approval prior to final map approval.
20) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Di
trict. Said facilities shall at a minimum include a bench
free from advertising, and a pole for the bus stop sign.
bench and pole shall be designed in a manner so as to not detract from the basic architectural theme of the project
said design shall be subject to the approval of the Land U
Planning Manager and North County Transit District.
21) Approval of Tentative Tract No. 85-14 is granted subject t
approval of Master Plan 175.
22) The developer shall display a current Zoning and Land Use and site plan for the Batiquitos Educational Park in the s office at all times, and/or suitable alternative to the
satisfaction of the Land Use Planning Manager.
23) All sales maps that are distributed or made available to t
public shall include but not be limited to trails, future
existing schools, parks, and streets.
24) Building identification and/or addresses shall be placed o
new and existing buildings so as to be plainly visible fro
street or access road; color of identification and/or addr
shall contrast to their background color.
25) Prior to occupancy of any units, the applicant shall const
a directory sign at the entrance to the project. The desi
this sign shall be approved by the Land Use Planning Manag
26) If any condition for construction of any public improvemen
facilities, or the payment of any fees in lieu thereof, im
by this approval or imposed by law on this project are challenged this approval shall be suspended as provided in
Government Code Section 65913.5. If any such condition is
determined to be invalid this approval shall be invalid un
condition complies with all requirements of law.
'the City Council determines that the project without the
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Engineering :
27) The developer shall obtain a grading permit prior to commencement of any clearing -or grading of the site.
28) The grading for this project is defined as 'lcontrolle by Section 11.06.170(a) of the Carlsbad Municipal Cod
Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordina inspection and testing to ensure compliance of the wo the approved grading plan, submit required reports to
Engineer and verify compliance with Chapter 11.06 of
Carlsbad Municipal Code.
29) Upon completion of grading, the developer shall ensur
"as-graded" geologic plan shall be submitted to the C
Engineer. The plan shall clearly show all the geolog
exposed by the grading operation, all geologic correc
measures as actually constructed and must be based on
map which represents both the pre and post site gradi plan shall be signed by both the soils engineer and t
engineering geologist. The plan shall be prepared on or similar drafting film and shall become a permanent
30) No grading shall occur outside the limits of the subd
unless a letter of permission is obtained from the ow
the affected properties.
31) All slopes within this project shall be no steeper th
32) Prior to hauling dirt or construction materials to an
construction site within this project the developer s
submit to and receive approval from the City Engineer proposed haul route. The developer shall comply with conditions and requirements the City Engineer may imF
regards to the hauling operation.
33) The developer shall exercise special care during the
construction phase of this project to prevent any off
siltation. The developer shall provide erosion contr measures and shall construct temporary desiltation/de
basins of type, size and location as approved by the
Engineer. The basins and erosion control measures sh
shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer
the start of any other grading operations. Prior to
removal of any basins or facilities so constructed th
served shall be protected by additional drainage faci
slope erosion control measures and other methods requ approved by the City Engineer. The developer shall n
the temporary basins and erosion control measures for
of time satisfactory to the City Engineer and shall q
their maintenance and satisfactory performance throug
deposit and bonding in amounts and types suitable to Engineer.
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34) Prior to issuance of grading permits, a detailed landscape
irrigation plan shall be submitted to and approved by Park and Recreation Department and the Land Use Planning Manage
35) Additional drainage easements and drainage structures shal
provided or installed as may be required by the County Department of Sanitation and Flood Control or the City Eng
neer.
36) The developer shall pay the current local drainage area fe
prior to approval of the final map for this project or sha
construct drainage systems in conformance with the Plaster
Drainage Plan and City of Carlsbad Standards as required b
City Engineer.
37) The developer shall construct desiltation/detention basins type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation ba
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of final map for this project. Each desiltation basin shall
serviced by an all-weather access/maintenance road. The.
provisions of this agreement shall apply to any offsite bo
sites which may be utilized in the construction of this pr as required by the City Engineer.
38) The owner of the subject property shall execute a hold har
ayreement regarding drainage across the adjacent property
to approval of the final map for this project.
39) Prior to final map approval, Avenida Encinas as previously
40) Direct access rights for all lots abutting Interstate 5
dedicated per Minor Subdivision No. 595 shall be vacated.
Freeway shall be waived on the final map.
41) Plans, specifications, and supporting documents for all improvements shall be prepared to the satisfaction of the Engineer. Prior to approval of the final map, the Subdivi shall install, or agree to install and secure with appropr security as provided by law, improvements shown on the
tentative map and the following improvements to City Stand
to the satisfaction of the City Engineer:
a) Avenida Encinas off-site shall be improved by the
developer based on a curb-to-curb face width of 64 fee
from the existing full-width improvements to the north
project property line.
b) Avenida Encinas shall be dedicated and improved by the
developer based on a right-of-way width of 102 feet
maximum with median or 84 feet minimum without median
the typical section shown on the tentative map from thi
northerly property line to Windrose Circle.
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c) The private streets, Ensign Circle, together wit?
Circle and Navigator Court shall be improved by t developer based on a 36 foot curb-to-curb typical as shown on the tentative map.
d-) A 12 foot median island along Windrose Circle sha
included in the design.
e) The sanitary sewer shall be constructed offsite j
Windrose Circle general utility and access easeme
easterly AT&SF Railway right-of-way line and nort
along the right-of-way line to connect with the c
27-inch sewer.
f) Water service to Unit No. 1 shall be provided by to the existing 8" A.C.P. water main in Avenida E
by making a temporary connection to the existing
water main east of the temporary connection shall
abandoned.
g) All remaining onsite water, sewer, storm drains 2
as shown on the approved tentative map CT 85-14.
42) The design of all private streets and drainage systen approved by the City Engineer prior to approval of tl-
map for this project. The structural section of all streets shall conform to City of Carlsbad Standards 1
value tests. All private streets and drainage systen
inspected by the city, and the standard improvement 1
and inspection fees shall be paid prior to approval c
final map for this project.
43) All private streets and drainage systems shall be maj the homeowner's association in perpetuity. This res1
shall be clearly stated in the CC&R's.
44) All concrete terrace drains shall be maintained by tk
homeowner's association (if on commonly owned propert I
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individual property owner (if on an individually owne
An appropriately worded statement clearly identifying
responsibility shall be placed in the CCCR's.
45) Unless a standard variance has been issued, no varian
City Standards is authorized by virtue of approval of tentative map.
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46) The developer shall comply with all the rules, regulations
design requirements of the respective sewer and water agen
regarding services to the project.
47) A11 private driveways shall be kept clear of parked vehicl
all times, and shall have posted "No Parking/Fire Lane Tow Zone" pursuant to Section 17.04.040, Carlsbad Municipal Co
48) All plans, specifications, and supporting documents for th
improvements of this project shall be signed and sealed by
Engineer in responsible charge of the work. Each sheet sh
be signed and sealed, except that bound documents may be s and sealed on their first page. Additionally the first sh
of each set of plans shall have the following certificate:
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
Business and Professions Code, and that the design is
consistent with current standards.
I understand that the check of project drawings and
specifications by Khe City of Carlsbad is confined to a re only and does not relieve me, as Engineer of Work, of my responsibilities for project design. (Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date :
(Name of Engineer)
R.C.E. NO. #
49) The developer shall provide the City with a reproducible m copy of the tentative map as approved by the Planning
Commission. The tentative map shall reflect the condition approval by the City. The map shall be submitted to the C
Engineer prior to improvement plan submittal.
50) Prior to recordation of any final map for this development this project, the owner shall give written consent to the
annexation of the area shown within the boundaries of the Tentative Map into the existing City of Carlsbad Street
Lighting and Landscaping District No. 1.
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51) Approval of this tentative tract map shall expire twe
months from the date of City Council approval unless
map is recorded. An extension may be requested by th
applicant. Said extension shall be approved or denie
d-iscretion of the City Council. In approving an exte
City Council may impose new conditions and may revise
conditions.
52) The developer shall grant an open space easement ovei
poriton of the property within the open space zone (I
and over the property designated open space easement
"E", dated February 9, 1983. This entire area shall
considered a wildlife preserve, allowing only pedestr trails, erosion control structures, underground easen view points, as approved by the Land Use Planning Man This easement shall be dedicated prior to final map E
Prior to issuance of any permits for development of t
project the applicant shall submit to the Land Use P1 Manager an acceptable study of sound attentuation mit This study shall include recommendations to reduce tk impacts from the freeway to this project.
53)
Fire Department:
54) Prior to the issuance of building permits, complete 1
plans shall be submitted to and approved by the Fire Department.
55) Additional public and/or onsite fire hydrants shall ZC
if deemed necessary by the Fire Marshal.
56) The applicant shall submit two (2) copies of a site I showing locations of existing and proposed fire hydra onsite roads and drives to the Fire Marshal for apprc
57) An all-weather access road shall be maintained throu2 construction.
58) All required fire hydrants, water mains and appurtene be operational prior to combustible building material
located on the project site.
59) Fire retardant roofs shall be required on all structu
60) All fire alarm systems, fire hydrants, extinguishing
automatic sprinklers, and other systems pertinent to
project shall be submitted to the Fire Department for
prior to construction.
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61) Building exceeding 10,000 sq.ft. aggregate floor area shal
sprinklered or have four-hour fire walls with no openings therein which shall split the building into 10,000 sq.ft. less) areas.
Parks -and Recreation:
62) The applicant shall provide an "open space easement
maintenance" program per the Landscape Guidelines Manual F
to issuance of building permits (to include bluffs and
lagoon).
The applicant shall be required to provide a pedestrian tr
system plan within the vicinity of the Batiquitos Lagoon,
be approved by the Land Use Planning Manager.
63)
PASSED, APPROVED AND ADOPTED at a regular meeting of t
Planning Commission of the City of Carlsbad, Calfornia, held on
11th day of ,September, 1985, by the following vote, to wit:
AYES: Chairman Schlehuber, Commissioners: L'Heureu
Marcus, Smith and Hall.
NOES: None.
ABSENT: Commissioners McFadden and Rombotis.
ABSTAIN: None.
CLARENCE SCHLEHUBER, Chairman
CARLSBAD PLANNING COMMISSION 1 ATTEST:
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PLANNING COMMISSION RESOLUTION NO. 2487
A RESOLUTION OF THE PLANNING COMMISSION OF THE CI
CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMEN
AN OFFICE BUILDING AND TWO RESEARCH AND DEVELOPME
- BUILDINGS AND 129 RESIDENTIAL UNITS ON PROPERTY G
LOCATED ON BOTH SIDES OF WINDROSE CIRCLE JUST NOR
BATIQUITOS LAGOON.
APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK
CASE NO. : SDP 85-5
WHEREAS, a verified application has been filed wi
City of Carlsbad, and referred to the Planning Commission;
PHASE I OF MP-175 TO ALLOW CONSTRUCTION OF A LAW -
WHEREAS, said verified application constitutes a
provided by Title 21 of the Carlsbad Municipal Code; and
WHEREAS, pursuant to the provisions of the Munici
the Planning Commission on the 11th day of Septeinber, '1985
considered said request on property described as:
All of lots 1, 2, 3, and 4 of Parcel Map Number 1
together with a portion of the west half of Secti
Township 12 South, Ranye 4 West, San Bernardino E
Meridian, all in the City of Carlsbad, County of
Diego, State of California.
WHEREAS, at said hearing, upon hearing and consid
testimony and arguments, if any, of all persons desiring t
heard, said Commission considered all factors relating to I
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Development Plan No. 85-5.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plar
Commission of the City of Carlsbad as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the hearing, . Commission APPROVES SDP 85-5, based on the following
and subject to the following conditions:
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Findings:
1) The project is consistent with all City public facility p
icies and ordinances since: *
a) The Planning Commission has, by inclusion of an appro - condition to this project, insured building permits w
not be issued for the project unless the City Enginee
determines that sewer service is available, and build
cannot occur within the project unless sewer service
remains available, and the Planning Commission is sat
that the requirements of the Public Facilities Elemen.
sewer service for this project.
the General Plan have been met insofar as they apply
b) The Carlsbad School District has written a letter, da.
September 10, 1985, stating that school facilities wi
available to this project.
c) Park-in-lieu fees are required as a condition of apprc
d) All necessary public improvements have been provided c
will be required as conditions of approval.
e) The applicant has agreed and is required by the inclus
of an appropriate condition to pay a public facilitie: Performance of that contract and payment of the fee wi
enable this body to find that public facilities will I:
available concurrent with need as required by the Gene
Plan.
2) The proposed project is consistent with the Carlsbad Zonir Ordinance and the Batiquitos Lagoon Educational Park Mastc
Plan (MP-175).
3) The proposed project is compatible with the surrounding fu
land uses since surrounding properties are designated for
residential development on the General Plan.
4) This project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Use Planning Manager on August 24, 1985 and approved by th
Planning Commission on September 11, 1985.
Conditions:
1) Approval is granted for SDP 85-5, as shown on Exhibits "A" - "G" , dated September 6, 1985, incorporated by reference
occur substantially as shown unless otherwise noted in the
conditions.
on file in the Land Use Planning Office. Development shal
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2) This project is approved upon the express condition t
as of the time of such approval that sewer service is
to serve the subdivision.
final map shall not be approved unless the City Counc
3) This project is approved upon the express condition t building permits will not be issued for development c
subject property unless the City Engineer determines
facilities are available at the time of application f
sewer permits and will continue to be available until
occupancy.
4) This project is approved upon the express condition t
applicant shall pay a public facilities fee as requir Council Policy No. 17, dated April 2, 1982, on file w
City Clerk and incorporated herein by reference, and
to the agreement executed by the applicant for paymen
fee, a copy of that agreement, dated September 9, 198
file with the City Clerk and incorporated herein by I
If said fee is not paid as promised, this application
be consistent with the General Plan and approval for
project shall be void.
5) Approval of this request shall not excuse compliance sections of the Batiquitos Lagoon Educational Park Ma
all sections of the Zoning Ordinance and all other aF
City ordinances in effect at time of building permit
6) Water shall be provided to this project pursuant to t
Service agreement between the City of Carlsbad and th
Real Water District, dated May 25, 1983.
Land Use Planning:
7) The applicant shall prepare a reproducible mylar of t
site plan incorporating the conditions contained here
site plan shall be submitted to and approved by the L
Planning Manager prior to the issuance of building pe
8) The applicant shall establish an Master Educational P Association for Phase I and corresponding covenants, and restrictions. Said CC&R's shall be submitted to
approved by the Land Use Planning Manager prior to fi approval.
9) The applicant shall prepare a detailed landscape and plan which shall be submitted to and approved by the
Planning Manager prior to the issuance of building pe
10) All parking lot trees shall be a minimum of 15 gallon
size.
11) All landscaped areas shall be maintained in a healthy thriving condition, free from weeds, trash, and debri
Master Educational Park Association.
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12) Any signs proposed for this development shall be designed conformance with Master Plan MP-175 and shall require revi and approval of the Land Use Planning Manager prior to installation of such signs.
13) Trash receptacle areas shall be enclosed by a six-foot hig
masonry wall with gates pursuant to City standards. Locat of said receptacles shall be approved by- the Land Use Plan Manager
14) All roof appurtenances, including air conditioners, shall
architecturally integrated and concealed from view and the
sound buffered from adjacent properties and streets, pursu
to Building Department Policy No. 80-6, to the satisfactio
the Land Use Planning Manager and Building and Planning
Director.
15) The project shall provide bus stop facilities at locations
subject to the satisfaction of the North County Transit Di
trict. Said facilities shall at a minimum include a bench
free from advertising, and a pole for the bus stop sign.
bench and pole shall be designed in a manner so as to not
detract from the basic architectural' theme of the project
said design shall be subject to the approval of the Land U Planning Manager and North County Transit District.
16) All development upon this property shall have to comply wi
the general and specific development standards and the pub facilities phasing requirements of the Batiquitos Lagoon
Educational Park Master Plan.
17) The proposed law school must be constructed and operating prior to the issuance of building permits for the other proposed office and research and development facilities.
18) All residential development in Phase I shall be processed
according to Chapter 21.45 of the Municipal Code (PD
Ordinance).
Engineering:
19) The developer shall obtain a grading permit prior to the commencement of any clearing or grading of the site*
20) The grading for this project is defined as "controlled grac
by Section 11.06.170(a) of the Carlsbad Municipal Code.
Grading shall be performed under the observation of a civi
engineer whose responsibility it shall be to coordinate si.
inspection and testing to ensure compliance of the work wi
the approved grading plan, submit required reports to the 1
Engineer and verify compliance with Chapter 11.06 of the
Carlsbad Municipal Code.
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21) Upon completion of grading, the developer shall ensur "as-graded" geologic plan shall be submitted to the C Engineer. The plan shall clearly show all the geolog
exposed by the grading operation, all geologic correc measures as actually constructed and must be based on
map which represents both the pre and post site gradi
flan shall be signed by both the soils engineer and t
engineering geologist. The plan shall be prepared on
or similar drafting film and shall become a permanent
22) No grading shall occur outside the limits of the proj a letter of permission is obtained from the owners of affected properties.
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23) All slopes within this project shall be no steeper tk
24) The developer shall exercise special care during the construction phase of this project to prevent any off
siltation. The developer shall provide erosion contr
measures and shall construct temporary desiltationlde
basins of type, size and location as approved by the
Engineer. The basins and erosion control measures sh shown and specified on the grading plan and shall be
constructed to the satisfaction of the City Engineer the start of any other grading operations. Prior to
removal of any basins or facilities so constructed th served shall be protected by additional drainage faci
slope erosion control measures and other methods requ
approved by the City Engineer. The developer shall IK
the temporary basins and erosion control measures for
of time satisfactory to the City Engineer and shall 5
their maintenance and satisfactory performance throug
deposit and bonding in amounts and types suitable to
Engineer.
25) Additional drainage easements and drainage structures provided or installed as may be required by the Count
Department of Sanitation and Flood Control or the Cit
neer
26) Prior to approval of grading plans for this site, a d
basin study shall be submitted to and approved by the
Engineer, said study shall incorporate detailed plans
desiltation of this basin, including maintenance of f
proposed.
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27) The developer shall construct desiltation/detention basins
type and size and at locations as approved by the City
Engineer. The developer shall enter into a desiltation ba
maintenance agreement and submit a maintenance bond
satisfactory to the City Engineer prior to the approval of grading or building permit for this project. Each desilta basin shall be serviced by an all-weather access/maintenan road. The provisions of this agreement shall apply to any offsite borrow sites which may be utilized in the construc
of this project as required by the City Engineer.
28) The owner of the subject property shall execute a hold har,
agreement regarding drainage across the adjacent property
to approval of any grading or building permit for this project.
29) The developer shall make an offer of dedication to the Cit
all public streets and easements required by these conditi
prior to issuance of any building permit for this project.
land so offered shall be granted to the City free and clea
all liens and encumbrances and without cost to the City:,.
Streets that are alr.eady public are not required to be
rededicated.
or shown on the Site Development Plan. The offer shall be
30) Improvements listed in this section shall be installed or agreed to be installed by secured agreement by the develop
before the issuance of any building permit. The developer
shall obtain approval of the plans from the City Engineer i
pay all associated fees and performance guarantees prior tc issuance of any building permit. The developer shall inst: said improvements to the satisfaction of the City Engineer prior to issuance of a Certificate of Occupancy or occupanc
any portion of the project for any purpose. The improveme]
are:
a) Avenida Encinas, as a secondary arterial, full width tc Windrose Circle.
b) Windrose Circle, as a secondary arterial, full width fi
Avenida Encinas to the westerly boundary of Phase I.
c) Median system for Avenida Encinas, and Windrose Circle
subject to approval of the City Engineer.
31) The developer shall install street lights along all public
private street frontages in conformance with City of Carlsk
Standards.
32) The developer shall install street trees at the equivalent
40-foot intervals along all public street frontages in
conformance with City of Carlsbad Standards. The trees sha
be of a variety selected from the approved Street Tree List
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33) The developer shall install meandering sidewalks alon
public street frontages in conformance with City of C
Standards prior to occupancy of any buildings, or to
satisfaction of the City Engineer.
34) The developer shall install a wheelchair ramp at the
Street corner abutting the subdivision in conformance
of Carlsbad Standards prior to occupancy- of any build
35) The developer shall comply with all the rules, regula
design requirements of the respective sewer and water
regarding services to the project.
36) Unless a standard variance has been issued, no variar
City Standards is authorized by virtue of approval of
tentative map.
37) The design of all private streets and drainage systen
approved by the City Engineer prior to issuance of ar
or building permit for this project. The structural all private streets shall conform to City of Carlsbac based on R-value tests. All private streets and drai
systems shall be inspected by the city, and the stand
improvement plan check and inspection fees shall be I
to issuance of any building or grading permit for thi
project .
38) All private streets and drainage systems shall be maj the homeowner's association in perpetuity. This res1
shall be clearly stated in the CC&R's.
39) All private driveways shall be kept clear of parked F all times, and shall have posted "NO Parking/Fire Lar
Zone" pursuant to Section 17.04.040, Carlsbad Municir
40) The applicant shall agree to utilize reclaimed water, form, on the subject property in all common areas as
by the City Engineer.
41) Irrigation systems to accommodate future reclaimed wi
be designed consistent with Title 17 of the Californ!
Administrative Code. Offsite future reclaimed water
distribution systems should be anticipated by the in2
of adequately sized sleeves at crossing points to mix
street excavation.
42) Some improvements shown on the Tentative Map and/or I these conditions are located offsite on property whic
the City nor the subdivider has sufficient title or
permit the improvements to be made without acquisitic or interest. The subdivider shall conform to Sectioi
of the Carlsbad Municipal Code.
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60) All plans, specifications, and supporting documents for th
improvements of this project shall be signed and sealed by Engineer in responsible charge of the work. Each sheet sh
be signed and sealed, except that bound documents may be s and sealed on their
of each set of plans shall have the following certificate:
first page. Additionally the first sh
"DECLARATION OF RESPONSIBLE CHARGE"
I hereby declare that I am the Engineer of Work for this
project, that I have exercised responsible charge over the
design of the project as defined in Section 6703 of the
consistent with current standards.
I understand that the check of project drawings and
specifications by the City of Carlsbad is confined to a re
only and does not relieve me, as Engineer of Work, of my
responsibilities for project design.
(Name, Address and Telephone of Engineering firm)
Firm:
Address:
City, St.:
Telephone:
BY Date:
Business and Professions Code, and that the design is
(Name of Engineer)
R.C.E. NO. #
The developer shall provide the City with a reproducible m
copy of the site plan as approved by the Planning Commissil 61) l8
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i The site plan shall reflect the conditions of approval by
City.
prior to improvement plan submittal.
The plan copy shall be submitted to the City Engine I
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PASSED, APPROVED AND ADOPTED at a regular meeting
Planning Commission of the City of Carlsbad, California, h
the 11th day of September, 1985, by the following vote, to
- AYES: Chairman Schlehuber, Commissioners: L'H
-
Marcus, Smith and Hall.
NOES: None.
ABSENT: Commissioners Rombotis and McFadden.
ABSTAIN : None.
CLARENCE SCHLEHUBER, Chai CARLSBAD PLANNING COMMISS
ATTEST:
MICHAELJ. I$-%v ZMII;~
LAND USE PLANNING MANAGER
PC RES0 NO. 2487 -9 -
I,
L
BAT~QU~TOS LAGOON EDUCATIONAL PA1
0 rn
MEMORANDUM
DATE : AUGUST 29, 1985
TO : PLANNING COMMISSION
FROM: LAND USE PLANNING OFFICE
RE: ISSUES - BATIQUITOS LAGOON EDUCATIONAL PARK
-
The negotiations regarding this project between staff and the applicant were quite extensive. The project is unique and unl
anything presented in Carlsbad before. Staff conducted a grea
deal of research regarding projects that * are centered around universities. There is no park exactly like the one being proposed. Most of the sucessful educational parks are centere
around established universities such as Stanford and Princetor They also include larger tracts of land, ususally 600 to 1000
acres. The proposed project .has approximately 135 ususable acres. A small park based on a new university is, somewhat risky. The applicant has fortified himself against some of tk
financial risks by providing a multitude of different uses anc
fairly intensive use of the 133 usuable acres. After working with the applicant, and meeting different people involved wit1
applicant's commitment. It is staff's feeling that the projec could be extremely important to the future of Carlsbad if successful. If the City is qoing to take a chance to get something really unique this may be the project to take those risks. If the project fails, there will be less impact than ( other areas because of the isolated nature of the site.
Listed below are some of the major issues and an explanation (
how they were rectified.
The Location of Research and Development Facilities Within thc
Educational Park
Based upon the first discussions of the proposed master plan, was staffs understanding that the project was proposed to be primarily a university. When the first Master Plan text and
conceptual land use plan was submitted, staff was surprised tc
university was comprised of research and development and offi space. development facilities were not appropriate for the site for
several reasons. The first reason was that the City has plen
of vacant acreage along Palomar Airport Road for such uses.
second reason is that it would be unfair competition to
developers trying to sell land in existing industrial areas.
different aspects of the project, staff came to believe in thf
see that the majority of the square footage proposed for the
Staff expressed to the applicant that research and
0 0
Memor and um
August 29, 1985 Page Two
The applicant contended that the- type of research and developr
uses proposed for the park would be uses that would interrelai with the university and would not be the same uses going in tc existing industrial areas.
It was also brought to staffs attention that all of the other
successful educational parks throughout the country included
research and development and office uses for primarily econom reasons to support the unversity.
Staff wanted a guarantee regarding the interrelationship of tl
research and development uses with the university. Staff developed a list of criteria that all proposed research and development or office uses would have to satisfy in order to permitted to locate within the proposed Educational Park. In accordance, no research and development or office uses would permitted by right, but would be considered as a related use, subject to satisfying the criteria listed below, The primary
emphasis of these criteria are to ensure that any research an
development or off ice uses proposed would be directly related and will interact with the educational institution. This requirement would enable the findings to be made that the
proposed use was part of the educational institute.
Criteria for Related Uses
1. The use shall interact directly and consistently wit
2. The use shall enhance the operation of the education
the educational institution.
institution.
3. The relationship between the proposed use and the
educational institute shall satisfy three of the
following requirements:
a. Provides research facilities to the institution,
b, Provides research grants to the institution, c, Provides necessary support services to the
d. Provides teaching support to the institution, institution,
e, Provides employment to the students and/or facul as part of the curriculum.
Confirmation that the proposed use satisfied all criteria woc
be determined by the Land Use Planning Manager prior to occupancy.
W
Memorandum
August 29, 1985
Page Three
The applicant felt this criteria was acceptable and they recommended additional wording be added indicating that no research and development facilities permitted shall be involved
in manufacturing onsite, but instead, will be engaged in the
creation, processing, and distribution of information. This has
also been written into the Master Plan text.
Compliance with the Batiquitos Lagoon Management Plan
A number of policies from the Batiquitos Lagoon Management Plan
have been included in this Master Plan even though the City has
not officially adopted this plan. Both staff and the applicant
felt it was important to meet the intent of the plan. The
management plan recommends that, all structures shall be setback
from bluff edges a minimum of 45 feet, no portion of any structure within 100 feet of the bluff edge shall exceed one-
story (15 feet) maximum height.
In accordance with these recommendations, the master plan has
been written to include a minimum 45 foot setback of structures
from the lagoon bluffs. In addition, 30 percent of all dwelling units within 100 feet of the bluffs shall be a maximum of one-
story (15 feet) in height.
The applicant has also agreed to reduce the number of dwelling
units proposed adjacent to the bluffs in order to provide view
corridors to and from the lagoon.
The applicant was also proposing to develop an amphitheater within Planning Area "0" along the lagoon bluffs. However, he
has agreed to eliminate this concept due to possible lagoon and
noise impacts.
The Lagoon Management Plan also recommends that public viewing
points and a trail system be established around the lagoon. In
accordance, the applicant has maintained the existing open space
land use designation in this area, and is proposing to include
public viewing points and a trail system in conformance with this
recommendation.
Staff feels that these standards and revisions adequately respond
to the recommendations of the Lagoon Management Plan.
Compatibility with the Adjacent Lakeshore Gardens Mobile Home
. .-
Park to the North of the Site
In response to the concerns expressed by staff and by the adjacent residents of the Lakeshore Gardens Mobile Home Park to
the north, the applicant has agreed to reduce the intensity of residential development in Planning Area "F" . The maximum
e e
Memorandum
August 29, 1985 Page Four
density of- this planning area will be 7 du/ac as discussed in
Master Plan. This density is compatible with that of the Mobi Home Park (7 du/ac) . By reducing the residential density witk this planning area, the applicant was able to incorporate intc
-the master plan the minimum 80 foot setback requested by the residents of the adjacent subdivision. This setback will be
adequately landscaped to ensure that an effective visual buffc
is created. &u ,awdbmd &..d.d&,
Relocation of RecreationLCommercial Uses from Planning Area 'I( to Planning Area "1"
The Master Plan, which was originally submitted to staff inclt the proposed Olympic training facilities (gymnasium and playii fields) together with the proposed student housing in Plannin? Area "G".
.- Staff did not feel that this variety of land uses in one plan]
area was appropriate for land use compatibility reasons. In
addition, it was felt that the proposed gymnasium which may bc
to 55 feet high to meet Olympic volleyball court standards, wc create an impact on views towards the lagoon. In accordance,
Planning Area I. Planning Area I was formerly proposed to include a research and development facility and a parking lot Staff could not support this use on this portion of the prope because it was felt that R b D uses should be kept inside the ring road with less intense uses surrounding it.
Commercial Uses on the Property
Staff initially had concerns regarding the amount of commerci proposed for the property. It was staffs opinion that the ma commercial needs within the project vicinity could likely be
future commercial development of the property at the I-S/Poin
intersection. However, staff did concur with the applicant t commercial uses on the property, which would cater primarily residents, beach visitors, hotel visitors or students would b appropriate. In accordance the maximum allowable commercial
staff recommended that these recreation uses be relocated to
w 0
Memor and um
August 29, 1985 Page Five
footage was reduced to 119,000 square feet from approximately 150,000 square feet. Approximately one-half of this area could be allocated for strictly travel service commercial with the remaining area utilized for a neighborhood commercial center
similar to the town and country center of Rancho Santa Fe. Staff
feels that the amount of activity in and around this development
would support this amount of commercial use.
Other Issues
Fany other compromises were made by both staff and the developer.
Included were the reduction of the number of uses permitted in each planning area and the rearrangement of other uses.
The only minor issue that has not been resolved with staff
involves the applicants desire for locating a heliport on the property. It is staffs opinion that because of the-sites proximity to Palomar Airport, the inclusion of'a heliport on this property could not be justified. In addition, staff could not
support the location of a heliport on this property due to
potentially significant noise and safety impacts.
All other issues have been resolved.
CD 2 CG: bn
8/29/05
PLAN No. OF No. OF RES
AREA PHASE LAND USE ACRES BUILDING AREA UNITS DEN
Park 484,00O(R&D, Office) -- A I/I I mucat ional 40.3 247,OOO(Educ. Institute)
E3 I Residential 2.3 52
C I Resident ial 15.3 77
D I1 Residential 4.0 36
E I1 Residential 6.2 142
F I1 Residential 7.7 54 1: G I1 Residential 9.9 170
H I1 Residential 4.9 28
I I1 Recreation
J I11 Wurist
K I11 Hotel 12.0 220 suites
L I11 Hotel/Conf erence
Center 5.9 120,000 150 suites M I11 Neighborhd
N I open Space 18.7
0 I open Space 4.6
7. -
-
Cmercial 12.8 122,200
Cmercial ' 4.7 58,000
Commercial 6.4 61,000 44
P I11 open Space 12.1
TOTAL 167.9 ac 1,092,200 s.f. 603 Du's 370 suites *
w w
BACKGROUND DATA SHE!ET
CASE ND: BA/I;u 85-10, ZC-319, MP-175, CI' 85-14, PDgO, SDP 85-5, EIR 84-3
APPLICANT: BATIQUITOS LXOON EDUCATIONAL PARK
REQUEsT AND IKATION: See Attachment
LM;Fu; DESCRIPTION: All of lots 1,2,3 & 4 of Parcel Map No. 13653, together with
a portion of the =st half of Sect. 33, !I'wp . 12 south, Range 4 est, San
Bernardino Base Meridian, all in the City of Carlsbad, Cty. of San Diego,
-
State of California AE": 216-140-01,03,09,10, & 216-150-10
Acres 167.9 Proposed No. of Lots/Units 129(Phase I)
GENERAL PLAEU' AND ZONING
Land Use Designation P, RMH, RM, RC, TS/C, N
Density Allowed Density Proposed 7.3 du/ac (Phase I)
Existing Zone DM-Q Proposed Zone P-C
Surrounding Zoning and Land Use:
Zoning Land use
Site RD-M-Q Vacant
North Lakeshore Gardens Mobilehome
Park
south os Btiquitos Bgoon
East P-C Vacant
West OS Pacific Ocean
PUBLIC FACILITIES
School District Carlsbad Water Carlsbad Sewer Carlsbad mu's
Public Facilities Fee Agreement, dated
ENVIEtONMEMCAL IMPACT ASSESSMENT
X Negative Declaration, issued August 24, 1985 (Phase I)
X E.I.R. Certified, dated Septembe r 11, 1985 (Master Plan)
Other,
0 0
.I
BACKWW DATA SHEET Page Tm
ATTACHMENT
REQUEST AND IDCATION:
GPA, ZC, MP for a 167.9 acre site, located imnediately north of Btiquitos Lagoon between 1-5 and Carlsbad Boulevard. for Phase I of this property is also requested.
Request for Certification of an EIR and approval of a
The approval of a TM, PUD and SDP
-w -- --x---*# Z".- ---a - -- - ,fbE x-- AAL&U&YYC.*W
AepLIcAwT: Sammis Properties
N~~ (individual, partnership, joint venture, corpzation, syndica
2650 Camino Del Rio North, Suite 100, San Dieqo, CA 92101
BUSAS8 Addtau
290-7112
TeiIephane Ntrmkrr
AGmr: Austin Hansen Fehlman/Group 0 ' Day Consultants
NapI. 9605 Scranton Road Suite 202 7750-2H El Camino Real
San Diego CA 92121 Cazlsba'd, CA 92003
Businus Address
455-1361 944-1010
Teleghon. NU&W *'
Erame *(individual, partnu, joint. Home mrs venturer corporatfon, syldication)
. MEMBEEIS: Donald F. Sammis
2650 Camino Del Rio North Suite 100 San Diego, CA..
Bushss Address
298-7112
Telephone Nrrabar Telephon. Stamber
Fernanda C. Sammis
:i=e Borne Ad&sss
2650 Camino Del Rio North Suite 100 San Diego, CA.
3sinrss Address
298-7112.
Ttlephom Nmbrrr Telep3one Zier
SammiS Properties is a privately held California corgoration.
The corporation was incorporated on December 9, 1970.
Corporate number is 952676363.
(Attach more sheets if necessary)
x/we daclh-e uzdcr Benalty of perjury that the infomation contained in this dig
closure is t=ua and correct and that it will remain true and correct and nay b~.
relied upon as being true and correct until znended.
B P /Q=i
L
&mwt* &@pf
- e 0
DEVELOPMENTAL 1200 ELL SERVICES CARLSBAD, (
(619) 4 LAND USE PLANNING OFFICE
Citp of QCarZsbab
NEGATIVE DECLARATION
PWECT ADDRESS/LLOTIoN:
of Batiquitos LagoOn between Interstate 5 and the AT&SF Railway.
The project is located immediately north
PWECT DESCRIPTIm:
family lots, 52 cundaniniurn units, 266,80G square feet of educational institute uses (law school, office arr3 research a113 developnt
facilities), two parkirq lots (964 spaces) and 23.3 acres of open space Over 68.4 acres. An Enviromental Impact Report (EIR 84-3) has
Educational Park Master Plan. Mitigation measures recumen3ed within this EIR have been incorporated into this projects design. The
applicant has also prepared dditional, traffic, noise and parking
studies for the praposed project as requested by stdf.
The City of Carlsbad has curducted an enviromntal review of the
above described project pursuant to the Guidelines for Implementation of the California Enviromentdl Qudlity Act ad the D,nviromental Protection Ordinance of the City of Carlsbad. review, a blegative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project.
Land Use Planninq Office.
A COW of the Negative Declaration with supportive documents is on
file in the Land Use Planning Office, City Hall, 1200 Elm Avenue,
Carlsbad, CA. 92008. Ccnanents frcm the public are invited. Please suhit cmentS in writing to the Lard Use Planning Office within ten
( 10) days of date of issuance.
This project, C? 55-14 will include 77 single
already been prepared for certification for the Ratiquitos Lagoon
As a result of said
Justification for this action is on file in the
DATED: August 24, 1985
CASE NO: CT 85-14/PW9O/SDP 85-5 Lard Use Planning Manaqer
APPLICANT: BATIQUITOS LACOON J3XJCY4!l?IoNAL PARK
PUBLISH mTE: August 24, 1985
Jm-4
5/8 1
t X H I8 I T- EXISTING GENERAL PLAN
-
RM-RESI~ENT~AL MEDIUM
(4-10 du/ac)
HIGH (10-20 du/az)
RMHSESIDENTIAL MEDtUM
N.NElGHBORHOO0 COMMERCIAL
C-GENERAL COMMERCl AL
E-ELEMENTARY SCHOOL
TS /C.TRAVEL SERVICE COMMERCIAL
OS-OPEN SPACE
PROPOSED GENERAL PLAN
P PRIVATE
RM RESlDPmAL W HGH (9.1-160 du'slaae)
RMH REStOPmAL MEOW HGH
RM RESID- MEOIUM (4.14.0 du'slaw)
RM RESlOl%TlAL MEDILIM
GMH GESLDemALMUIJM~
RMH RESiUEMlALMEDlLlMHlGH
RC RECREATION/COMMERCW
N NBGHBORHWD/COMMERCW
TSIC TRAVEL SEWICE COMMERMAL
TSlC Ti?.4VEL SERVICE COMMWW
TSIC TRAWL SEFMCE COMhERUAL
OS OPENSPACE
Os OPD(SPACE
OS OPENSPACE
RMH RESLDENllALMWk!MW
4:po(ST/NG ZONING d) . I
IB UBI cuuLd~Onal pi --m . &:LernepF .wu. b
Law School, where he was chairman . . ..restrictions that a- Ten ye,ars ago, I dreamed of a new mixed use develop- of the Appointments and Tenure imposed on develope
uld combine educa- Committee and also sertred as assobi- As reported in the
tional, . employment, commercial, rec- ate dean for academic affairs. nal and other North C reational and residential activities A consultant on the development tions, these restricti
into a single, coherent community. of the Institute for Communication adjusting parking all
Pending the outcome of Tuesday and Information Science for the each of the phases at
night‘s meeting of the Carlsbad City Batiquitos project is Roger C. Greer, as to prevent potentia
Council, that dream will become a Ph.D., the dean and a professor of the parking; tying in res4
peality in the form of the Batiquitos School of Libiary and Information velopment activities u
Lagoon Educational Park, a project Management at the University of ties of the graduate in,
which1 know will become a source of Consulting with us on the Public vent unfair competitio
pride throughout Carlsbad, San Policy Center is Glen Dumke, Ph.D., search and developme
Diego County, and State of California who served as chancellor for the the Palomar Airport (
and, indeed, the United States. California State Universities and plying strict standarc I have sincerely enjoyed the chal- Colleges from 1962 to 1982. velopment is contingei
lenge of worliing with such organiza- Coordinating and developing acti- cess of the graduate : tioss as the City of Carlsbad (espe- vities of the Public Policy-Center is cluding a provision
cially the planning and engineering Alan Heslop, Ph,D. Dr. Heslop is cur- further building will h
staffs), the Batiquitos Lagoon Foun- rently the Dean of the Roselnstitute enrollment declines n dation, the California Department of of State and Local Government at percent in any two-yea;
Fish and Game, the California Coast- Claremont McKenna College. He is Certainly, our comml
; a1 Commission and other regulatory the author of a number of books on enhancement .of the Bi agencies and citizens groups, elections and redistricting. Presi- goon, preservation of r throughout the land use planning dent Reagan recently named Dr. life habitats andsensitil process of the past 28 months. The - Heslop chairman of the National vironmentalimpactoftl
project on the surrounc joint efforts of these respective agen- Commission on Education. cies with Sammis Properties has en- These aforementioned acade- nityis no less sincere, as sured that the Batiquitos Lagoon mians and others of this caliber will the published commc Educational Park will be a showcase contribute to an exciting environ- Hiram Hoskin, presic for the community, as well as sensi- ment of higher learning that will ‘Lakeshore Garden Mo tive to environmental elements and have both local and national impact. Owners Association, ‘“I the natural beauty of the area. But the graduate school of studies people met with us and
‘ The unanimous support of the city and its many facets is just one of the addressed all of our con Planning Commission has been par- ’ many salient features of the Bati- mis changed plans to ac
ticularly satisfying to me. The com- quitos Lagoon Educational Park that us.”; and Charlie Grim1
may be enjoyed by and will provide and-use manager for
arlsbad, “Sammis had tl $- to percei
I ments of Planning Commissioner Stephen Wap” L’Heureux, which high visibility for the Carlsbad co appeared in the Sept. 14 edition of munity. \ the Carlsbad Journal, typifies this The Batiquitos Lagoon Education- create in the community : - overwhelming response. Commis- a1 Park will include a hotelkonfer-’ ,them before they started. sioner L’Heureux said, “In my 12 ence center offering an executive VeIopers don’t do that. TI
training program; a village-type to ram it down the ~01
shopping area; and an Olympic vol- throat.” leyball gymnasium that is destined I would like to thank thc
to become the permanent home of ernmental agencies, pub the U.S. men’s and women’s’national tions and private citizens
volleyball teams -and the U.S. supported and contribui will really 0- ,,
’ The project has a graduate school Weightlifting Team. Tennis Courts, a planning of this project. . of studies as its centerpiece, featur- swimming pool and an outdoor soc- siasm is exceeded only b
ing a school oflaw; land-use and real cer field are among the many rec- mitment to the Batiquitc estate development; public affairs; reational benefits that the Batiqui- Educational Park, which p and communications and informa- tos project will provide. bring an unprecedented, el tion sciences, Research institutes We have brought top counselors ary and enriching human and libraries will complement the from throughout the United States ment to the area for everyc
facilities. The Batiquitos Lagoon and have worked closely with local efit for many years to comc
Donald 1! Educational Park has already officials from the outset of the pro-
attracted some of the finest ject to ensure that every aspect is . Rancho academic minds in the country. consistent with the best interest of Helping to develop the school of the area. Indeed, we agreed to Sammis is chairman of th law is Robert J. D’Agostino, Ph.D., numerous restrictions that the qity Sammis Properties, develop formerly a professor at the Delaware of Carlsbad imposed on the project ‘proposedBatiquitos Educatw
T Y .
f
of which I am especially proud and Southern California. ate a symbiotic atmosr
-
y-7 w -.3-Am-w f''v- - -1 g -------
Presented to the .Cox
7290 Pongo Dr
. 1200 Elm Ave.
It has become painstakingly clear any of the new units. The council I city's land use planners, t
that there exist two city councils in turned down this proposal. The vote, ty engineer, Planning Cc
Carlsbad. One council comprised of of course, was again decided by the and is also in conflict wi
Mary Casler, Ann Kulchin and same 3-2 split. city policies.
Richard Chick represents develop- A review of the council perform- .The expansion of C:
ers, while the other council, consist- ance over the last several months beyond its existing gec
ing of Buddy Lewis and myself, shows this same 3-2 council split to area was approved 3-2.
attempts to represent the environ- be a reoccurring pattern. For ex- 0 The Woolley' annexa1
ample: added more land to the so mental concerns of the community. This council division is evidenced by 0 Open Space -An attempt to pro- tion of Carlsbad, thereb:
the fact that nearly every significant tect open space' from development further strain on City Se
environmental vote since last year's and designate it as part of the city's approved 3-2.
election has been decided by this General Plan was defeated 3-2. The above review, whil
same 3-2 split. 0 Density Ranges - An attempt to not complete, serves to hj
Nowhere was this division more adopt lower density ranges that were deep split which exists 01
evident than on Aug. 20, when the recommended by the Planning Corn- cil. It is clear from the vo ofthe council majority th: council majority of Casler, Kulchin mission was defeated 3-2.
and Chick approved 1,312 more res- , 0 Master Plan - An attempt to re- rent direction of the city
idential units for La Costa. These quire existing master plans to con- problems of overdevelo
units were approved notwithstand- form to all new city guidelines was ' %only worsen. Therefore, ing clear public facility deficiencies defeated 3-2. that Mary Casler refers 1
which exist in the area. Testimony at 0 Environmental Protection Plans as the !'jewel of North CC
the council meeting showed that the -TTHree ieparate programs, i.e. Mas- equally ironic that Ricl
roads directly impacted by these ter Plan Phasing Program, Urban campaigns against Supe
projects are already dangerous and land Reserve Program, and Residen- ert criticizing the count3
over capacity. Moreover, school con- tial Unit Phasing Program, were all planning policies, and th
gestion and park shortages were also defeated 3-2. chin called for quality gr
pointed out. The council majority of 0 A 73-unit residential project last election campaign. three, in approving these units, near Mission Estancia and La Costa The citizens of Carlsb:
I ignored these deficiencies and the Avenue was approved 3-2, notwith- cide in which directic city's own Public Facilities Element standing public facility deficiencies should go. This decision 1 which requires that projects be in the impacted area. be based upon personali ' approved only if the facilities are 0 A 13-unit residential project three members of the rr
availabie concurrent with need. near Tamarack and Garfield was fine people. Rather t:
On Sept. 10, the council had the approved 3-2 notwithstanding should be based upon PC
opportunity to partially salvage a opposition of the city's land use plan- and concern for the qual
poor situation by at least imposing ners and clear evidence of traffic Carlsbad.
that Rancho Santa Fe Road - one of 0 An industrial site development
the impacted streets in question - plan that allows for direct access
be improved from Olivenhain Road onto El Camino Real was approved
1
,
L
upon the developer the condition problems. M
Pettine is a member oft -.. I I __ ___ -_ -
October 1, 1985
TO : CITY COUNCIL
FROM City Manager
BATIQUITOS LAGOON EDUCATIONAL PARK MASTER PLAN
Staff believes that the conditions concerning off site traffic impact and park requirements need to be clarified. If the Council desires
to approve the Master Plan, it is suggested that the following condi-
tions be adopted and that the City Attorney be directed to include
said conditions.in the final documents.
A.
B.
C.
D.
Prior to approval of final map for Phase I, the applicant shall
pay the City for a supplemental traffic analysis of this project's
impact on surrounding areas generaly described as bounded by 1-5,
La Costa Avenue, Carlsbad Boulevard and Poinsettia Avenue.
This traffic analysis will identify traffic facilities needed-to
correct existing and future deficiencies and establish the propor- tionate costs to be paid by various developments. The analysis will include, but not be limited to, bridge widening, ramp modifi-
cation, traffic control devices and street construction. This
traffic analysis will be updated prior to commencement of any phase
of this Master Plan and requiredimprovements will be installed
concurrent with need.
Prior to occupancy of any building constructed in Phase I, a
traffic signal, approved by the City Engineer, shall be designed
and installed by the Developer at the intersection of Poinsettia
Lane and Avenida Encinas.
Prior to occupancy of any building constructed in Phase I1 (unless
the traffic analysis indicates the need in Phase I), the following
shall be designed and constructed/installed by the Developer:
1.
2.
3.
Full street improvements for Avenida Batiquitos between Wind
Rose Circle and Carlsbad Boulevard including a bridge over the
railroad tracks and an at-grade intersection at Avenida
Batiquitos and Carlsbad Boulevard.
Three traffic signals at the following intersections:
Avenida Batiquitos and Carlsbad Boulevard; Avenida Batiquitos and Wind Rose Circle; Avenida Encinas and Wind Rose Circle.
Full improvement of Carlsbad Boulevard as a major arterial along
the frontage of this project including necessary transitions.
October 1, 1985
Page 2
E. Prior to occupancy of any building constructed in Phase I11 (unless the traffic analysis indicates an earlier need), a traffic signal shall be constructed at the intersection of
Ponto Drive and Avenida Batiquitos.
F. The City Council reserves the right to require traffic improve-
ments concurrent with need. In the event that the developer installs improvements in excess of his proportionate share,
then the developer shall be eligible for reimbursement of costs
by the City as funds are collected from other developments.
G. Parks
In lieu of fees, the City may require the developer to dedicate
land off-site for park purposes. Prior to occupancy of any
Phase of the development within the Master Plan, the applicant
and the City shall enter into a parks agreement So that land
for park purposes can be dedicated upfront to bring the City
up to standard for community parks in this district based upon
current population levels.
This will be available as a credit against the property's
Quimby Act park land dedication requirements, and in addition,
any excess of dedicated land over the applicant's required amount
will be eligible for reimbursement by future developers within
this district.
H. Staff is directed to modify the Local Coastal Plan Amendment
to conform with this adopted Master Plan and to set a hearing
on the amended LCP.
FRANK ALESHIRE
FA: kk