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HomeMy WebLinkAbout1985-10-15; City Council; 8349-1; GENERAL PLAN AMENDMENT, ZONE CHANGE, MASTER PLAN & RELATED ITEMS FOR BATIQUITOS LAGOON EDUCATIONAL PARKL.. $i - -i b cn 2 b b b cn ui % ~ - CIT' CIT' MASTER PLAN b RELATED ITEMS FOR MTG. 10/15/85 DEPT. CA BATIQUITOS LAGOON EDUCATIONAL PARK. EIR 84-3, GPA/LU 85-10, zc-319, PF-175, RECoMMENDEDACT'oN: SDP 85-5, CT 85-1.4, PUD-90 - SAMMIS If the City Council concurs your action is to: a 0 4 3 a0 8 9 c -4 a .. P rl '05 N v3 rl N W 2 .w N 2 . h . . 8 a 3 a 8 rl -4 8 8s '+ -x > Ln 0 03 E I Q Q Ln 0 r-4 .. z + 0 2 a $ z 3 0 0 1. Adopt Resolution No. yJ/.. , approving GPA/LU 85-10. 3. Adopt Resolution No. ?E% , approving CT 85-14 and PUI 2. Adopt Resolution No. 4. Introduce Ordinance No. 9777, approving ZC-319. 5. Introduce Ordinance No. 9778, approving MP-175. , approving SDP 85-5. ITEM EXPLANATION The City Council, at your meeting of October 1, 1985, direct€ office to prepare resolutions approving a General Plan amendn the Batiquitos Lagoon Educational Park, GPA/LU 85-10, an 80 1 Development in Phase I of that project, CT 85-14/PUD-90, and Development Plan for Phase I of the project approving the prc two research and development buildings, SDP-85-5, all as recc and conditioned by the Planning Commission. In that regard, Also attached are Ordinance No. 9777 approving the zone chang the project and Ordinance No. 9778 approving the master plan. Master Plan has been revised by the Land Use Planning Manager incorporate the additional conditions as recommended by the C Manager in his memorandum of October 1, 1985. In response tc Council motion the conditions, as recommended in that memoran have been revised as follows: 1. Item D.1. now requires the developer to construct as a cc of Phase IIfull street improvements for Avenida Batiquito between Wind Rose Circle and Carlsbad Boulevard including bridge over the railroad tracks. The balance of item D, 1 e regarding the intersection of Av Tentative Subdivision Map and 129 unit Planned Unit Residentj referenced residential units and a law school, office buildir are Resolutions No. dpJZ/-r , /2/& , and 2&/7 2. Batiquitos and Carlsbad Boulevard has been covered in a n condition, D.2. which now requires the developer as a con of Phase I1 to construct, "an at grade intersection at Av Batiquitos and Carlsbad Boulevard or some other alternati solution for the intersection as determined by the City C m -* !I I 1' & rC Agenda Bill #8349-#1 10/15/85 Page 2 3, A new item H has been added to read as follows: "The relocations of Carlsbad Boulevard and the proposed construction of a part of this project on existing City 1 way are not approved. These aspects of the project shal: subject to future Council consideration after completion traffic study in Item A and prior to approval of Phase's 111." The City Council should satisfy yourselves that our office hz correctly incorporated your intentions in the revised conditi that the planning staff has properly incorporated them in thc revised Master Plan. If the City Council concurs you should the act ions recommended above. EXHIBITS , approving GPA/LU 85-1 0 , approving SDP 85-5 Resolution No. Ig5.S 2/7 , approving CT 85-14 and PUD-90 Resolution No. Resolution No. Ordinance No. 9777, approving ZC-319 Ordinance No. 9778 , approving MP-175 ** -\ 1 2 3. 4 5 6 7 8 9 10 11 I.2 n a m Yo a 13 5% : &=JZ OWu I-4 zo5g eEz& ;722 piv aYs9 15 16 o~zm z0 Y '5 5 I? 18 I' t.0 k 0 RESOLUTION NO. g2I5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION FROM RM, RESIDENTIAL MEDIUM AND RMH, RESIDENTIAL MEDIU HIGH To P, PRIVATE SCHOOL, RM, RESIDENTIAL MEDIUM, RC, RECREATION COMMERCIAL, TS, TRAVEL SERVICE, AND N, NEIGHBORHOOD COMMERCIAL ON 167 ACRES ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGC BETWEEN CARLSBAD BOULEVARD AND INTERSTATE 5. APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO.: GPA/LU 85-10 WHEREAS, the Planning Commission did on September 1985 hold a duly noticed public hearing as prescribed by I consider amendments to the Land Use Element of the General GPA/LU 85-10; and WHEREAS, an environmental impact report was prep; this project and certified by the City Council on October in satisfaction of the requirements of the Environmental ( Act and the City of Carlsbad Environmental Protection Ord: and WHEREAS, the City Council did on October 1, 1985 duly advertised public hearing to consider said amendment< said time received the recommendations, objections, prote! comments of all interested persons desiring to be heard; ( 4 1 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council after considering the 1 changes to the Land Use Element of the General Plan, dire( City Attorney to return with appropriate documents to ame Land Use Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED by the City Counc the City of Carlsbad, California as follows: A. That the above recitations are true and corr B. That the findings of the Planning Commission forth in Planning Commission Resolution No. 2483, GPA/LU constitute the findings of the City Council. I/ *i ,. \ , 4 * 1 2 3 4 5 6 7 a 9 10 11 12 P 4m * 13 138 ow5 14 gU2, 15 Or'. ,>bV uzoq 16 zo 13 '5 a 17 >$ gz : 05a s>>o ,tUk !.i ZUOd oaZm t 0 18 19 20 21 22 23 24 25 26 27 28 w C. That the Land Use Element of the General Plan amended as follows: 1. GPA/LU 85-4: Change the Land Use Element General Plan from RM, Residential Medium and RMH, Resident Medium High to P, Private School, RM, Residential Medium, Recreation Commercial, TS, Travel Service and N, Neighborh Commercial on 167 acres on property generally located imme north of Batiquitos Lagoon betwen Carlsbad Boulevard and Interstate 5 as shown on the map marked Exhibit C dated Se 11, 1985 attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED at a regular meeting Carlsbad City Council held on the 15th day of October 1985 by the following vote, to wit: AYES: NOES: None ABSENT: None Council pllembers Casler, Lewis, Kukhb, mck and quw d &A/ PlftRY H./CASLER, Mayor ATTEST : Ar.,$kA+€ddENfiii-j?rk 2. 1 ~ :: RWFI ~sl=rENTl AL MgolUM (p10 wre) RMMtflOLNTIAL MeotuM .HIGH (13-20 dU/8c) N.NE~QH~OR~000 COMMERaAL c.G~NI?RAL COMMERCIAL ~.E~MENTAAY 3 CHOOL ~9 /eTAAVLL SERVICE CoMMERa,AL .,. PROPOSED GENERAL PLAN RM4 - ww (al-1S.o b'Jd Rrun-Mcwym -. FIM -rnYMl-QX)driUd RM REtDLHIuLMEwu ~l~n aEslpemKmpurt#n Rc FtEcmnoru~ N -1- Tslc ~~sERv*xcoM*BKuL tslc mvagswC8ccMJmmA os 0msM;r FirJn R-WnBI TSlC TRhVSseffnea- OS mSpAa I -< IT L I' '. y > - \ 1 2 3 4 5 6 7 8 9 10 11 12 a a m 13 Yo =a 8 ?a o) gofja Gz<g ;?3g 15 t-L" - oazm - 20 y n 0-, uwa 3 z 14 GZSS 16 '5 = 17 >4 t I.8 19 20 21 22 0 23 24 25 26 27 28 W 0 RESOLUTION NO. 8216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING WITH CONDITIONS A SITE DEVELOPMENT PLAN 85-5 FOR PHASE I OF MP-17 TO ALLOW CONSTRUCTION OF A LAW SCHOOL, AN OFFICE BUILDING AND TWO RESEARCH AND DEVELOPMENT BUILDIK AND 129 RESIDENTIAL UNITS ON PROPERTY GENERALLY LOCATED ON BOTH SIDES OF WINDROSE CIRCLE JUST NOS OF BATIQUITOS LAGOON. APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO.: SDP 85-5 WHEREAS on September 11, 1985, the Carlsbad Planr Commission adopted Resolution No. 2487 approving SDP 85-5; WHEREAS, the City Council of the City of Carlsbad October 1, 1985 held hearings to consider the recommendatj heard all persons interested in or opposed to Site DeVelOE Plan No. 85-5; and WHEREAS, an environmental impact report for this was certified by the City Council on October 1, 1985 in compliance with the requirements of the City of Carlsbad Environmental Protection Ordinance of 1980 and the Califoi Environmental Quality Act. NOW, THEREFORE, BE FRESOLVED by the City Councj i ,I the City of Carlsbad, California as follows: A. That the above recitations are true and corrc B. That the findings and conditions of the Planr Commission contained in Resolution No, 2487 constitute thc findings and conditions of the City Council in this matte1 Development Plan No. 85-5 is approved subject to the cond: of Planning Commission Resolution No. 2487. I I 0.. ... fr C. >' I I' 4 1 -7 1 2 3 4 5 t5 7 8 9 lo 11 l2 ' ~3 13 138 gz 2 gqz OWu 14 zow= 15 e&W - = w=o< 00 16 oazm < E 17 >s 18 n o>=-g zka- uoz; .$E Y t 0 19 20 21 22 23 24 25 26 27 28 W m C. That Site Development Plan No. 85-5 together the provisions for its design and improvement and subject conditions of this resolution, is consistent with all appl general and specific plans of the City of Carlsbad. D. That Site Development Plan No. 85-5 is herebq approved subject to all applicable requirements of the Car Municipal Code and to the satisfaction of the conditions contained in Planning Commission Resolution No. 2487, date September 11 t 1985 marked Exhibit A, attached hereto and n part hereof. PASSED, APPROVED AND ADOPTED at a regular meetins the City Council of the City of Carlsbad, California, held 15th day of October , 1985 by the following vote, t Council us Casler, Lewis , Kulchin, Chick and I AYES : NOES: None? ABSENT: Nom $dL-c;l 0-L I MARY H. FASLER, Mayor ATTEST : ALETHA L4k225L L. MdENeW-Prk 2. c 1 >' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PLANNING COMMISSION RESOLUTION NO. 2487 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY PHASE I OF MP-175 TO ALLOW CONSTRUCTION OF A LAW SI -+ AN OFFICE BUILDING AND TWO RESEARCH AND DEVELOPMENT - BUILDINGS AND 129 RESIDENTIAL, UNITS ON PROPERTY GEN LOCATED ON BOTH SIDES OF WINDROSE CIRCLE JUST NORTH APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CARLSBAD, CALIFORNIA, APPROVING A SITE DEVELOPMENT BATIQUITOS LAGOON CASE NO.: SDP 85-5 WHEREAS, a verified application has been filed wit1 city of Carlsbad, and referred to the Planning Commission; e WHEREAS, said verified application constitutes a rt provided by Title 21 of the Carlsbad Municipal Code: and WHEREAS, pursuant to the provisions of the Municip the Planning Commission on the 11th day of Septeker, 1985,. considered said 'iequest on property described as: All of lots 1, 2, 3, and 4 of Parcel Map Number 13 together with a portion of the west half of Sectic Township 12 South, Range 4 West, San Bernardino Ba Meridian, all in the City of Carlsbad, County of E Diego, State of California. WHEREAS, at said hearing, upon hearing and considc testimony and arguments, if an& of all persons desiring tc heard, said Commission considered all factors relating to i 1' 20 21 22 23 24 25 26 27 28 a a Development Plan No. 85-5. NOW, THEREFOFtE, RE IT HEREBY RESOLVED by the Plan Commission of the City of Carlsbad as follows: A) B) That the above recitations are true and correct. t That based on the evidence presented at the hearing, 'Commission APPROVES SDP 85-5, based on the following and subject to the following conditions: //I/ //I/ /I// EXHIBIT W?cOLUTTr)Y NO. -- I I' + \ 1 2 3 4 5 6 7 a 9 10 I1 12 * 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 20 0 0 2) This project is approved upon the express condition tha. final map shall not be approved unless the City Council as of the time of such approval that sewer service is a' to serve the subdivision. This project is approved upon the express condition tha building permits will not be issued for development of subject property unless the City Engineer determines th facilities are available at the time of application for sewer permits and will continue to be available until t occupancy This project is approved upon the express condition tha applicant shall pay a public facilities fee as require( Council Policy No. 17, dated April 2, 1982, on file wil City Clerk and incorporated herein by reference, and ac to the agreement executed by the applicant for payment fee, a copy of that agreement, dated September 9, 1985 file with the City Clerk and incorporated herein by re. If said fee is not paid as promised, this application 1 be consistent with the General Plan and approval for t' project shall be void. - 3) 4) -.. ..L 5) Approval ~f this request shall not excuse compliance 4 sections of the Batiquitos Lagoon Educational Park Mas all sections of the Zoning Ordinance and all other app City ordinances in effect at time of building permit i 6) Water shall be provided to this project pursuant to th Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983. Land Use Planninq: 7) The applicant shall prepare a reproducible mylar of tl site plan incorporating tm conditions contained here. site plan shall be submitted to and approved by the L; Planning Manager prior to the issuance of building pel The applicant shall establish an Master Educational Pi 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. 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 All parking lot trees shall be a minimum of 15 gallor size. All landscaped areas shall be maintained in a health] thriving condition, free from weeds, trash, and debr: Master Educational Park Association. 8) 9) 10) 11) PC RES0 NO. 2487 -3- I - r. 1' \ i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e m 21) upon completion of grading, the developer shall ensure "as-graded" geologic plan shall be submitted to the cit Engineer, The plan shall clearly show all the geology exposed by the grading operation, all geologic correcti meamares as actually constructed and must be based on 2 map which represents both the pre and post site gradins pian shall be signed by both the soils engineer and the engineering geologist. The plan shall be prepared on i or similar drafting film and shall become a permanent : 22) No grading shall occur outside the limits of the projec a letter of permission is obtained from the owners of affected properties. 23) All slopes within this project shall be no steeper tha 24) The developer shall exercise special care during the construction phase of this project to prevent any offs siltation. The developer shall provide erosion contro measures and shall construct temporary desiltation/det basins Of type, size and location as approved by the C Engineer. The basins ana erosion control meaqures- sha shown and specified an=the grading plan and shall be - constructed to the satisfaction df the City Engineer 1 the start of any other'grading operations. Prior to I removal of any basins or facilities so constructed thf served shall be protected by additional drainage facil slope erosion control measures and other methods requ: approved by the City Engineer. The developer shall mc the temporary basins and erosion control measures for of time satisfactory to the City Engineer and shall gi 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 e basin study shall be submitted to and approved by the Engineer, said study shall incorporate detailed plane desiltation of this basin, including maintenance of f proposed. //I/ ///I I/// I/// PC RES0 NO. 2487 -5- I I 1 2 3 4 5 33) The developer shall install meandering sidewalks along public street frontages in conformance with City of ~al Standards prior to occupancy of any buildings, or to tl satisfaction of the City Engineer. 34) The developer shall install a wheelchair ramp at the pi street corner abutting the subdivision in conformance j of Carlsbad Standards prior to occupancy of any buildi 35) The developer shall comply with all the rules, regulat 6 7 a design requirements of the respective sewer and water regarding services to the project. City Standards is authorized by virtue of approval of tentative map. 36) Unless a standard variance has been issued, no varianc 14 15 16 17 38) All private streets and drainage systems shall be mair the homeowner's association in perpetuity. This respc shall be clearly stated in the CC&R's. 39) All private driveways shall be kept clear of parked vc all times, and shall have posted "No Parking/Fire Lanc Zone" pursuant to Section 17.04.040, Carlsbad Municipi I 4 18 19 20 21 22 23 24 25 26 27 28 140) I The applicant shall agree to utilize reclaimed water, form, on the subject property in all common areas as 4 ,I by the City Engineer. 41) Irrigation systems to accommodate future reclaimed wa be designed consistent with Title 17 of the Californi Administrative Code. Offsite future reclaimed water distribution systems should be anticipated by the ins of adequately sized sleeves at crossing pints to min street excavation. 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 i permit the improvements to be made without acquisitic or interest. The subdivider shall conform to Sectior of the Carlsbad Municipal Code. 42) //I/ PC RES0 NO. 2487 -7- I ,I >' 1 2 3 4 5 6 7 8 9 10 11 12 13 PASSED, APPROVED ALVD ADOPTED at a regular meeting 0 California, he1 to FC AYES : Chairman Schlehuber, Commissioners : L' Heu planning Commission of the City of.Carlsbad, the 11th day of September, 1985, by the following vote, Marcus, Smith and Hall. NOES: None. ABSENT: Commissioners Rombotis and McFadden. ABSTAIN : None. CLARENCE SCHLEHUBER, Chain CARLSBAD PLANNING COMMISSI( ATTEST: *. MICHAEL J. 11 LAND USE PLANNING MANAGER 15 I 16 17 3.8 19 20 21 22 23 24 25 26 27 28 4 I PC RES0 NO. 2487 -9 - 1 I' -, I< 1 2 3 4 5 6 7 8 9 10 11 12 Q s * 13 Yg an ?a N m gLLxz Owe 14 Z"Q 15 a:<& fG.2 'do $on wzoa 16 oa2m z" I? '5 9 17 18 t0 t 0 19 20 21 22 23 24 25 26 27 28 w w RESOLUTION NO. 8217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A 129 UNIT TENTATIVE TRACT MAP (CT 85-14) AND PLANNED UNIT DEVELOPMENT (PUD-90) ON 167 ACRES ON PROPERTY GENERALLY LOCATED IMMEDIATELY NORTH OF RATIQUITOC LAGOON BETWEEN INTERSTATE 5 AND CARLSBAD BOULEVAF APPLICANT: BATIQUITOS LAGOON EDUCATIONAL PARK CASE NO: CT 85-14/PUD-90. WHEREAS, on September 11 I 1985, the Carlsbad Plar Commission adopted Resolution No. 2486 recommending to the Council that Tentative Tract Map (CT 85-14) and Planned Ur Development (PUD-90) be approved; and WHEREAS, the City Council of the City of Carlsbad October 1, 1985 held a public hearing to consider the recommendations and heard all persons interested in or opg Tentative Tract Map (CT 85-14) and Planned Unit Developmen 90); and WHEREAS , an environmental impact report for this was certified by the City Council on October compliance with the requirements of the City of Carlsbad Environmental Protection Ordimnce of 1980 and the Califor Environmental Quality Act. 1, 1985 in I/ NOW, THEREFORE, BE IT RESOLVED by the City Counci the City of Carlsbad, California as follows: A. That the above recitations are true and corre B. That the findings of the Planning Commission Resolution No. 2486 constitute the findings of the City Co in this matter. I ,I '1 > 1 2 3 4 5 6 7 8 9 10 11 12 n a rn 3s O3 l3 I32 a a, $OZb OF>' ;zII-blL 15 io +-tion g 0,Zz Ow l4 ior;i 5zo< ogpa l6 'E 2 0 l7 l8 0 e W C. That said Tentative Tract Map, together with provisions for its design and improvement and subject to I conditions of this resolution, is consistent with all app: general and specific plans of the City of Carlsbad. D. That Tentative Tract Map CT 85-14 and Plannec Development PUD-90 are hereby approved subject to all app. requirements of the Carlsbad Municipal Code and to the satisfaction of the conditions contained in Planning Comm Resolution No. 2486 dated September 11, 1985 marked Exhibi attached hereto and made a part hereof, with the addition following: 1. Prior to the approval of the final map the a] shall pay the City for a supplemental traffic analysis as required by the Master Plan. 2. Prior to final map approval the developer sh for a traffic signal as required by the City Engineer to designed and installed by the developer at the intersecti Poinsettia Lane and Avenida Encinas d prior to occupancy of I I' 20 21 22 23 24 25 26 27 28 1 the units. 3. The City Council may require the developer tc dedicate land off-site for park purposes. If the City Co determines prior to occupancy of any of the units in this the applicant and the City shall enter into a parks agree required by the Master Plan. 0.. ... ..= 2. I L' %I , 1 2 3 4 5 6 7 8 9 10 11 12 s a 13 38 g2 2 gIJz Ow< 14 zozg o-, pd" o=cug 5L i2 17 ;s 0 mor< -yJ 15 u.8 zU06 16 WZOU ZQ t 0 18 19 0 w PASSED, APPROVED, AND ADOPTED at a regular meetin the City Council of the City of Carlsbad, California on th 15* day of AYES: NOES: None ABSENT: kne October , 1985 by the following vote, to Council Merbers Casler, lRWis, Kulchh, Chick and 9Lf d- L CASLER, Mayor ATTEST: ALETHA L. RAUTE -.z i 20 21 22 23 24 25 26 27 28 3. .- I. .. I 1 1 2 3 4 5 6 7 8 9 10 11 * ' 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 a m - PLANNING COMMISSION RESOLUTION NO. 2486 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN TENTATIVE TRACT MAP AND 129 UNIT PLANNED UNIT DEVE ON PROPERTY GENl3RAUY LOCATED IMMEDIATELY NORTH OF BATIQUITOS LAGOON BETWEEN INTERSTATE 5 AND CARLSBA APPLICANT: BATIQUITOS LAGOON EDUCATIONAL, PARK BOULEVARD CASE NO.: CT 85-14/PUD-90 WHEREAS, a verified application for certain proper wit: All of lots 1, 2, 3, and 4 of Parcel Map Number 13 together with a portion of the west half of Sectic Township 12 South, Range 4 West, San Bernardino Ba Meridian, all in the City of Carlsbad, County of S Diego, State of California, has been filed with the City of Carlsbad, and referredeta t a. 'Planning Commiss.ion; 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 c September, 1985, hold a duly noticed public hearing as pres by law to consider said request: and WHEREAS, at said publ32 hearing, upon hearing and considering all testimony and arguments, if any, of all pel desiring to be heard, said Commission considered all facto] relating to the Tentative Tract Map and Planned Unit Develc NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan1 - Commission as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public he: Commission recommends APPROVAL of CT 85-14/PUD-90, bai following findings and subject to the following condil //// //// Resolutic ExHl 1 (. -. 1 2 3 4 5 6 7 8 9 10 11 a* 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 Findinqs: 1) The project is consistent with the City's General Plan the proposed density of 7.3 du's/acre is within the den range of 4.1 - 9 du's/acre specified for the site as in on the Land Use Element of the General Plan. The site is physically suitable for the type and densit accommodate residential development at the density pro1 The project is consistent with all City public facilit: icies and ordinances since: a) The Planning Commission has, by inclusion of an ap] condition to this project, ensured that the final I not be approved unless the City Council finds that service is available to serve the project. In add the Planning Commission has added a condition that shall be placed on the final map that building per not be issued for the project unless the City Engi determines that sewer service is available, and .bu .. . - cannot occur. within the project uqless sewer semi r'emains available, and the Planning Commission is that the requirements of the Public Facilities Ele the General Plan have been met insofar as they app sewer service for this project. The Carlsbad School District has written a letter, September 10, 1985, stating that school facilitier available to this project. c) Park-in-lieu fees are required as a condition of i d) All necessary public improvements have been provic 2) development since the site is adequate in size and shai 3) b) will be required as colTditions of approval. 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. 4) The proposed project is consistent with the City's P1 Development Ordinance and also complies with the Desi Guidelines Manual. The proposed project is compatible with the surroundj land uses since surrounding properties are designatec residential or private school development on the Gene 5) ///I PC RES0 NO. 2486 -2- I -\ L. , 1 2 3 4 5 6 7 8 9 10 11 ' -12 13 14 15 16 17 18 19 a 0 6) This project will not cause any significant environmenl impacts and a Negative Declaration has been issued by 1 Use Planning Manager on August 24, 1985 and approved b! Planning Commission on September 11, 1985. 7) This project requires the construction of the improvemc facilities listed in the conditions of approval or the of fees in lieu of construction. This project creates need for the improvements or facilities for the reason! in the staff report. If the improvements or facilitie provided the project will create an unmitigated burden existing improvements and facilities. Further, the improvements and facilities are necessary to provide s adequate and appropriate service to future residents o project consistent with City goals, policies and plans Conditions: 1) Approval is granted for CT 85-14/PUD-90, as shown on E "A" - "G", dated September 6, 1985, incorporated by re and on file in the Land Use Planning Office. Developm occur substantially as shown unless otherwise noted. in conditions. . .. ._ 2) This project is approved upon the express condition th final map shall not be approved unless the City Counci as of the time of such approval that sewer service is to serve the subdivision. 3) This project is approved upon the express condition tl- building permits will not be issued for development of subject property unless the City Engineer determines t facilities are available at the time of application fc sewer permits and will continue to be available until occupancy. This note shall be placed on the final mag This project is approved upon the express condition tk applicant shall pay a public facilities fee as require 4 4) I 20 21 22 23 24 25 26 27 28 Council Policy No. 17, dated April 2, 1982, on file wj City Clerk and incorporated herein by reference, and E to the agreement executed by the applicant for payment fee, a copy of that agreement, dated September 9, 198: file with the City Clerk and incorporated herein by r< If said fee is not paid as promised, this application be consistent with the General Plan and approval for 1 project shall be void. The applicant shall pay park-in-lieu fees to the City the approval of the final map as required by Chapter : the Carlsbad Municipal Code. The applicant shall provide school fees to mitigate CI of overcrowding as part of building permit applicatio~ fees shall be based on the fee schedule in effect at of building permit application. PC RES0 NO. 2486 -3- 5) 6) I .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 z5 26 27 28 *+ a m 7) The applicant shall give notice of the conversion to a1 tenants as required by the Subdivision Map Act and the Municipal Code. Approval of this request shall not excuse compliance wi sections of the Batiquitos Lagoon Educational Park Mast all sections of the Zoning Ordinance and all other appl City ordinances in effect at time of building permit is 9) Water shall be provided to this project pursuant to thc Service agreement between the City of Carlsbad and the Real Water District, dated May 25, 1983. 8) Land Use Planning: 10) The applicant shall prepare a reproducible mylar of th site plan incorporating the conditions contained herei site plan shall be submitted to and approved by the La Planning Manager prior to the issuance of building per The applicant shall establish a homeowner' s associatic 11) this subdivision and corresponding covenants, condit-ic restrictions. . Said CC&R' S. shall' be' stlbmitted to and i by the Land Use Planning Manager prior to final map ag Said homeowner's association shall be a participating the Master Educational Park Association. The applicant shall prepare a detailed landscape and plan which shall be submitted to and approved by the I Planning Manager prior to the issuance of building pe 13) A 500' scale map of the subdivision shall be submittel Land Use Planning Manager prior to the recordation of map. Said map shall show all lots and streets within adjacent to the project. . 12) -.-- 14) All parking lot trees shall be a minimum of 15 gallon size. 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 Any signs proposed for this development shall be des: conformance with the sign program outlined in the Bal Lagoon Educational Park Master Plan and shall requirt and approval of the Land Use Planning Manager prior * installation of such signs. Trash receptacle areas shall be enclosed by a six-foc masonry wall with gates pursuant to City standards. of said receptacles shall be approved by the Land Us Manager. 15) 16) 17) PC RES0 NO. 2486 -4- I' '% t .' 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 18) All roof appurtenances, including air conditioners, sh, architecturally integrated and concealed from view and sound buffered from adjacent properties and streets, p to Building Department Policy No. 80-6, to the satisfat the Land Use Planning Manager and Building and Planninl Director. 19) The applicant shall submit a street name list consiste the City's street name policy subject to the Land Use Manager's approval prior to final map approval. 20) The project shall provide bus stop facilities at locat subject to the satisfaction of the North County Transi trict. Said facilities shall at a minimum include a k free from advertising, and a pole for the bus stop sig bench and pole shall be designed in a manner so as to detract from the basic architectural theme of the prof said design shall be subject to the approval of the Lz Planning Manager and North County Transit District . 21) Approval of Tentative Tract No. 85-14 is granted subjt approval of Master Plan 175. 22) The developer shall'display a current Zoning and Land and site plan for the Batiquitos Educational Park in 1 office at all times, and/or suitable alternative to tl satisfaction of the Land Use Planning Manager. -.. ,. *. .. 23) All sales maps that are distributed or made available public shall include but not be limited to trails, fu. existing schools, parks, and streets. 24) Building identification and/or addresses shall be plat new and existing buildings so as to be plainly visibll street or access road; color of identification and/or shall contrast to their baekground color. 25) Prior to occupancy of any units, the applicant shall a directory sign at the entrance to the project. The this sign shall be approved by the Land Use Planning 26) If any condition for construction of any public impro facilities, or the payment of any fees in lieu therec by this approval or imposed by law on this project ar challenged this approval shall be suspended as provid Government Code Section 65913.5. If any such conditi determined to be invalid this approval shall be inval the City Council determines that the project without condition complies with all requirements of law. //// //// PC RES0 NO. 2486 -5- I . :' 1 tr I .' 1 2 3 4 5 6 7 8 9 10 11 .* i2. 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 0 Engineering : 27) The developer shall obtain a grading permit prior to tl commencement of any clearing or grading of the site. 28) The grading for this project is defined as "controlled by Section 11.06.170(a) of the Carlsbad Municipal Code Grading shall be performed under the observation of a engineer whose responsibility it shall be to coordinat( inspection and testing to ensure compliance of the wor' the approved grading plan, submit required reports to Engineer and verify compliance with Chapter 11.06 of t Carlsbad Municipal Code. 29) Upon completion of grading, the developer shall ensure "as-graded" geologic plan shall be submitted to the Ci Engineer. The plan shall clearly show all the geology exposed by the grading operation, all geologic correct measures as actually constructed and must be based on map which represents both the pre and post site gradin plan shall be signed by both the soils engineer and tb engineering geologist. The plan shall be prepared, on or similar .dra€ting' fiulm and shall become'' a permanent' No grading shall occur outside the limits of the subdi unless a letter of permission is obtained from the ow the affected properties. + . 30) 31) All slopes within this project shall be no steeper thi 32) Prior to hauling dirt or construction materials to an: construction site within this project the developer sl proposed haul route. The developer shall comply with conditions and requirements the City Engineer may impc regards to the hauling op@i+ation. submit to and receive approval from the City Engineer 33) The developer shall exercise special care during the construction phase of this project to prevent any off siltation. The developer shall provide erosion contrc 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 reqc approved by the City Engineer. The developer shall n the temporary basins and erosion control measures for Of time SatlSfaCtQry to the City Engineer and shall 5 their maintenance and satisfactory performance throuc deposit and bonding in amounts and types suitable to Engineer. PC RES0 NO. 2486 -6- 1 -* ,r .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 e e 34) Prior to issuance of grading permits, a detailed land irrigation plan shall be submitted to and approved bq and Recreation Department and the Land Use Planning I 35) 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 . 36) The developer shall pay the current local drainage ai prior to approval of the final map for this project ( construct drainage systems in conformance with the Mz Drainage Plan and City of Carlsbad Standards as requj City Engineer . 37) The developer shall construct desiltation/detention I type and size and at locations as approved by the Ci Engineer. The developer shall enter into a desiltat maintenance agreement and submit a maintenance bond satisfactory to the City Engineer prior to the appro final map for this project. Each desiltation basin serviced by an all-weather access/maintenance road. provisions of this agreement shall apply to any offs sites which may be utilized in the construction of t as required by the City Engineer. 38) The owner of the subject property shall execute a ho agreement regarding drainage across the adjacent pro to approval of the final map for this project. 39) Prior to final map approval, Avenida Encinas as prev dedicated per Minor Subdivision No. 595 shall be vac 40) Direct access rights for all lots abutting Interstat Freeway shall be waived on the final map. Prior to occupancy of any building constructed in Ph 4 I 41) 20 21 22 23 24 25 26 27 28 traffic signal, approved by the City Engineer, shall designed and installed by the developer at the inter Poinsettia Lane and Avenida Encinas. - //// //// //// I/// //// //// //// -7- PC RES0 NO. 2486 . .* ,L .- 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 0 W .. 42) Prior to final map approval for Phase I a detailed tri study shall be completed by an independent consultant by the developer) which shall address traffic impacts Avenida Encinas, Carlsbad Boulevard, Poinsettia Lane i Costa Avenue, all major internal streets, the intersec La Costa Avenue and 1-5, La Costa Avenue and Carlsbad Boulevard, Avenida Encinas and Poinsettia Lane, Avenb and Carlsbad Boulevard, Poinsettia Lane and 1-5 and PC Lane and Carlsbad Boulevard. (To include all areas g' bounded by 1-5, La Costa Avenue, Carlsbad Boulevard ai Poinsettia Lane). This traffic study shall indentify facilities needed to correct existing and future defic and establish the proportionate costs to be paid by vi developments. The study shall include, but not be lii bridge widening, ramp modification, traffic control dl street construction, This traffic study shall be upd< to commencement of any phase of this Master Plan and improvements shall be installed concurrent with need. 43) Plans, specifications, and supporting documents for a improvements shall be prepared to the satisfaction of Engineer. Prior to ap.prova1 of the final map, the Su shall install, or agree to install and secure with ap security as provided by law, improvements shown on th tentative map and the following improvements to City 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 6 from the existing full-width improvements to the project property line. b) Avenida Encinas shall be dedicated and improved b developer based on a right-of-way width of 96 fee typical section shown on the tentative map from t northerly property lie to Windrose Circle. c) The southerly portion of Windrose Circle from Ave I 20 21 22 23 24 25 26 27 28 Encinas to the westerly intersection of Ensign Ci shall be dedicated and improved by the developer a right-of-way width of 96' and the typical secti on Exhibit VII-B of the Master Plan (MP-175). dl The private streets, Ensign Circle, together with 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. e) A 12 foot median island along Windrose Circle sha included in the design, - I/// //// -8- PC RES0 NO. 2486 *i 'I .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 - f) The sanitary sewer shall be constructed offsite ir Windrose Circle general utility and access easemer easterly AT&SF Railway right-of-way line and nortl- along the right-of-way line to connect with the e!i 27-inch sewer. g) The existing 66-inch diameter storm drain shall be relocated by the developer (see Exhibit VII-E of 1 h) Water service to Phase I shall be provided by con1 the existing 8" A,C.P, water main in Avenida Encir making a temporary connection to the existing 8" I water main east of the temporary connection shall abandoned. i) All remaining onsite water, sewer, storm drains ai 44) The design of all private streets and drainage system: approved by the City Engineer prior to approval of tht map far this project. The structural section of all 1 streets shall conform to City of Carlsbad Standards bz value tests. All private streets and drainage system: inspected by the city, and the standard improvement p: and inspection fees shall be paid prior to approval 0: final map for this project, 45) All private streets and drainage systems shall be mai the homeowner's association in perpetuity. This resp shall be clearly stated in the CC&R1s. 46) All concrete terrace drains shall be maintained by th homeowner's association (if on commonly owned propert individual property owner (if on an individually owne An appropriately worded statement clearly identifying responsibility shall be placed in the CC&R's. 47) Unless a standard variance has been issued, no varian City Standards is authorized by virtue of approval of tentative map. 48) The developer shall comply with all the rules, regula desigK requirements of the respective sewer and water regarding services to the project. 49) All private driveways shall be kept clear of parked v all times, and shall have posted "No Parking/Fire Lan Zone" pursuant to Section 17.04.040, Carlsbad MUniCiF as shown on the approved tentative map CT 85-14. //// //// /I// -9- PC RES0 NO. 2486 I- <* .- , 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 50) All plans, specifications, and supporting documents fc improvements of this project shall be signed and seale Engineer in responsible charge of the work. Each shee be signed and sealed, except that bound documents may and sealed on their first page. Additionally the firs of each set of plans shall have the following certific "DECLARATION OF RESPONSIBLE CHARGE" I hereby declare that I am the Engineer of Work for tk project, that I have exercised responsible charge ovei design of the project as defined in Section 6703 of tk Business and Professions Code, and that the design is consistent with current standards. I understand that the check of project drawings and only and does not relieve me, as Engineer of Work, of responsibilities for project design. (Name, Address and Telephone of Engineering firm) Firm: Address: City, St.: Telephone: BY specifications by the City of Carlsbad is confined to - Date : (Name of Engineer) R.C.E. NO. # 51) The developer shall provide the City with a reproduci copy of the tentative mapas approved by the Planning Commission, The tentative map shall reflect the cond approval by the City. The map shall be submitted to Engineer prior to improvement plan submittal. 52) Prior to recordation of any final map for this develc this project, the owner shall give written consent tc annexation of the area shown within the boundaries of Tentative Map into the existing City of Carlsbad Strf Lighting and Landscaping District No. 1. 53) Approval of this tentative tract map shall expire twr months from the date of City Council approval unless map is recorded. An extension may be requested by tk applicant. Said extension shall be approved or denic discretion of the City Council. In approving an extc City Council may impose new conditions and may revise conditions, PC RES0 NO. 2486 -1 0- I-$ 14 *I 1 2 3 4 5 6 7 a 9 . 10 11 12 13 14 15 16 11 18 19 0 a 54) The developer shall grant an open space easement over poriton of the property within the open space zone (LC and over the property designated open space easement i "E", dated February 9, 1983. This entire area shall 1: considered a wildlife preserve, allowing only pedestri trails, erosion control structures, underground easeme view points, as approved by the Land Use Planning Man2 This easement shall be dedicated prior to final map ag 55) Prior to issuance of any permits for development of tF project the applicant shall submit to the Land Use P1: Manager an acceptable study of sound attentuation mitj This study shall include recommendations to reduce the impacts from the freeway to this project. Fire Department: 56) Prior to the issuance of building permits, complete bl plans shall be submitted to and approved by the Fire Department, 57) Additional public and/or onsite fire hydrants shall b( if deemed necessary by the Fire Marshal. 58) The applicant shall submit two (2) copies of a site p showing locations of existing and proposed fire hydra onsite roads and drives to the Fire Marshal for appro 59) An all-weather access road shall be maintained throug construction. 60) All required fire hydrants, water mains and appurtena be operational prior to combustible building material located on the project site. 61 ) Fire retardant roofs shalrbe required on all structu I 20 21 22 23 24 25 26 27 28 62) 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. 63) Buildhg exceeding 10,000 sq.ft, aggregate floor area sprinklered or have four-hour fire walls with no open therein which shall split the building into 10,000 sq less) areas. Parks and Recreation: 64) The applicant shall provide an "open space easement maintenance" program per the Landscape Guidelines Mar to issuance of building permits (to include bluffs ar lagoon) , PC RES0 NO. 2486 -11- w.: 2 It .. + 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e - 65) The applicant shall be required to provide a pedestriz system plan within the vicinity of the Batiquitos Lag< be approved by the Land Use Planning Manager. PASSED, APPROVED AND ADOPTED at a regular meeting Planning Commission of the City of CarlSbad, Calfornia, he1 11th day of September, 1985, by the following vote, to wit: AYES t Chairman Schlehuber, Commissioners: I,* Bc NOES: None. ABSENT: Commissioners McFadden and Rombotis. ABSTAIN: None. Marcus, Smith and Hall. CLARENCE SCHLEHUBER, Cha; CARLSBAD PLANNING COMMIS! ATTEST: MICHAEL Je HOLZMILLER LAND USE PLANNING MANAGER 4 - PC RES0 NO. 2486 -1 2- w .* ; .* IC <-. , i' -. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ORDINANCE NO* 9777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL, CODE BY AMENDING THE . ZONING MAP FOR A ZONE CHANGE FROM RD-M TO P-C (PLANNED COMMUNITY) ON PROPERTY GENERALLY NORTH OF BATIQUITOS LAGOON BETWEN 1-5 AND CARLSBAD BOULEVARD CASE NO: ZC-319 APPLICANT: SAMMIS PROPERTIES The City Council of the City of Carlsbad, Califor] does ordain as follows: SECTION 1: Title 21 of the Carlsbad Municipal Co, amended by the amendment of a zoning map by changing the z RD-M to P-C (Planned Community) on property as shown on th marked ZC-319, Exhibit 'ID", attached hereto and made a par hereof. EFFECTIVE DATE: This ordinance shall be effectiv days after its adoption, and the City Clerk shall certify adoption of this ordinance and cause it to be published at once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of ' Carlsbad City Council held on the 15th day of October 1985, and thereafter //// //// JJJJ //// /I// /I// //// - a' * *a r* - -.a 1 2 3 4 5 6 7 8 9 10 3.1 12 13 14 15 16 17 18 39 0 e PASSED AND ADOPTED at a regular meeting of said C Council held on the 22nd day of October , 1985, ' following vote, to wit: AYES: i\JOES: No*e ABSENT : - Council Members Casler, Lewis, Kulchin, Chick and PC None YiJ &L MARY H. CASLER, May ATTEST: ALETHA L. RAUTENKRANZ, City C*rk (SEAL) I 20 21 22 23 24 25 26 27 28 -2- I PTEMBER 11 ~.-l GNE FAMILY RESIDENTIAL (7,533 SO FT I MIN. LOT SIZE) q-i-10 ONE FAMILY + RES~OENT~AL (10,333 Sa FT M1N LOT SIZE) DENSIN-MULTIPLE RD--M RESIDENTIAL q0-M-Q RESIDENTIAL S E N Si TY -MU LTl P LE QU ALl Fl ED DEVELOPMENT OVERLAY ~3 MM ER C1 A1 OU ALIF! ED ~EVELOPMENT OVERLAY C-I4 NEltHBOAHOaO C-2 GENERAL COMMERCIA1 P-C PUNNED COMMUNITY L< LIMITED CaNTR3L (INTERIM ZSNE) PROPOSED ZONING- r-t Re-1 BNE FAMILY R ES l DENT[ AL MIN. LOT SIZE) (7,533 SO FT R--1--10 ONE FAMlLY RESIDENT1 AL (10,333 Sa FT MIN LOT SIZE? DENS1Tf -MULTIPLE DEN SiTY -MULTlPLE 0 UALIFIE3 DEVELOPMENT OVERLAY C-I4 NEIGHBORH000 C3MMERClAL OUALlFlE9 0 EV €LOP MEW OVER LAY AD--M RESIDENTIAL RD -M-Q RESIDENT1 AL C-2 GENERAL CUMMERClAf k P -C PLANNED COMMUNI'N -x x 7 L4 LIMITED C3NTR3L nwIsaIu 77~~) n' I' i f-" ,. , ~ LL 1 2 3 4 5 6 7 a 9 10 11 12 ' m 13 138 g2 2 do%$ 14 5~2~ 15 I-L" - oa?m zo Y t 0 45.: 5zsz 16 :73$! '5 5 17 >.o I.8 19 0 0 d) ORDINANCE NO. 9778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLBAD, CALIFORNIA APPROVING MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON EDUCATIONAL PARK, A MIXE INSTITUTION ON PROPERTY GENERALLY LOCATED NORTH OF THE BATIQUITOS LAGOON BETWEEN 1-5 AND CARLSBAD BOULEVARD. APPLICANT: SAMMIS PROPERTIES CASE NO: MP-175 . USE COMMUNITY CENTERED AROUND AN EDUCATIONAL WHEREAS, the City Council of the City of Carlsbad, California, has reviewed and considered a Master Plan for f development of the site; and WHEREAS, after procedures in accordance with the requirements of law the City Council has determined that th public interest indicates that said plan be approved. NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: The Batiquitos Lagoon Educational Park Master Plan, MP-175 dated "Revised October 1, 1985," on fil with the Land Use Planning Manager and incorporated by refe herein is approved. The master plan shall constitute the z for this property and all development of the property shall I 11 ,.. '-4; '( - si 1 2 3 4 5 6 7 a e e PASSED AND ADOPTED at a regular meeting of said Ci Council held on the 22nd day of October , 1985 following vote, to wit: - AYES: Council Members Casler, Lewis, Kulchin, Chick and E ' NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY 11 tl 12 i% * 13 Y8 <% 8 gLLxz ow< 14 2058 SC2ls 15 ;?.a ,>do g!ijg$ 16 $82'" 55 $ 17 18 19 20 21 22 23 24 25 26 27 28 t c 0 'City Attorney '/('"7 d- && MARY H. CASLER, Mayor ATTEST: a& A. * ALETHA L. MUTE-NKRANZ, City Cprk ,I 2.