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HomeMy WebLinkAbout1989-09-05; City Council; 10195; Amendment Batiquitos Master Plan 175 Extend Time Limit Construction Educational Facilities MP-175 (C) Sammis: I C -” OF CARLSBAD - AGENti- ,BILL II% TITLE:AMENDMENT To RATIQUITOS MASTER PLAN 175 TO EXTEND TIME LIMIT FOR DEPT. CA CONSTRUCTION OF EDUCATIONAL FACILITIES MP-175(C) - SAMMIS RECOMMENDED ACTION: DEPT. Hu. CITY ATT CITY ..ii$f? Introduce Ordinance No. /&IX, APPROVING amendment MP-175(C) + to the Master Plan for the Batiquitos Lagoon Educational Park. ITEM EXPLANATION The City Council at your meeting of July 11, 1989 directed our office to prepare documents approving Master Plan Amendment MP- 175(C) to revise the Batiquitos Lagoon Educational Park plan to extend for five years the time limit for construction of education facil'ties in area **AI' subject to certain conditions. Ordinance No. AL2 , which does that is attached. The findings and conditions are as recommended by the Planning Commission (Resolution No. 2841) with the addition/revision to two conditions as discussed below and incorporated through memorandum to file dated July 11, 1989. (1) A new condition (No. 9) was added which requires that a maximum of 50% of the first 75,000 sq.ft. educational building be occupied by non- accredited schools, (as defined on Revised Exhibit VVB'W) and that at buildout no more than 20% of the educational facilities be occupied by non-accredited schools. It should be noted that if the first phase of the educational facility contains more than 20% non-accredited schools there is no guarantee that there will be a minimum of 80% accredited schools at buildout. Therefore, staff is recommending that the condition be modified such that if the first phase is developed with more than 20% non- accredited schools (50% maximum) then each successive phase be developed with 100% accredited schools until the 80% minimum of accredited schools is attained. At that point all successive educational phases must be developed with a minimum of 80% accredited schools. This change made by the Council and elaborated on by staff has been incorporated by the Planning Department in a revised Exhibit "B'l dated July 11, 1989 which is attached as an exhibit to the ordinance. (2) Council also modified Planning Commission condition no. 4, (Resolution No. 2841) which required a revised blufftop setback of 80 to 100 feet for all structures in Planning Area H. As modified, this condition will now apply to only the lagoon blufftop structures and not to all structures, including the desiltation basin blufftop structures. Further, Council adopted the staff report to the Planning Commission to provide background and clarification regarding the amendment. If Council concurs your action is to introduce Ordinance No. /L/s-a. EXHIBIT 1. Ordinance No. b-43 2. Memorandum to file dated July 11, 1989 3. Staff Report to the Planning Commission dated April 19, 1989 2 3 4 5 6 7 8 9 10 11 12 9 % $50, .$&i 13 Fan8 olug d LL (3 ooqs 14 5 >=r$ Zip0 i ,2% 15 +rma z/f?* saaa* 16 2032 '581? cua $-a 17 a 0 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING ORDINANCE NO. 9778 AND MASTER PLAN MP-175 FOR THE BATIQUITOS LAGOON EDUCATIONAL PARE TO EXTEND FOR FIVE YEARS THE TIME LIMIT FOR CONSTRUCTION OF EDUCATIONAL FACILITIES IN AREA "A" SUBJECT TO CERTAIN CONDITIONS. WHEREAS, the City Council of the City of Carlsbad, California held a duly noticed public hearing on July 11, 1989 to consider Master Plan Amendment MP-175C to the Batiguitos Lagoon Educational Park to extend for five years the time limit for construction of educational facilities in area NAt1 subject to certain conditions: and WHEREAS, as a part of that hearing the City Council considered the recommendations of the Planning Commission in Resolution No. 2841 on file with the City Clerk and incorporated by reference herein recommending the approval of the amendment and approving the notice of prior compliance and the Council finds that the time extension will not have any substantial adverse environmental effects, Now, therefore, the City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That the prior compliance determination by the Planning Commission in Resolution No. 2841 is approved and that the findings and decisions made by the Planning Director and the Planning Commission in that matter are the findings and decisions of the City Council. SECTION II: That amendment MP-175C to the Batiguitos Lagoon Educational Park is approved as recommended by the Planning . 1 Commission in Resolution No. 2841 marked Exhibit rlA" attached 2 hereto and made a part hereof. The findings and conditions of that 1 3 resolution with the addition contained in the memo to file dated 4 July 11, 1989 marked Exhibit "C" attached hereto and made a part 5 hereof are the findings and conditions of the City Council. The 6 staff report dated April 19, 1989 on file with the City Clerk and 7 incorporated by referenced herein is approved by the City Council 8 to provide background for and to guide the interpretation of this 9 ordinance. 10 SECTION III: That Ordinance No. 9778 approving Master 11 II Plan MP-175C for the Batiguitos Lagoon Educational Park as amended 12 by Ordinance No. NS-71 is further amended by the adoption of an amendment to the Master Plan as shown on the exhibit marked "Revised Exhibit B" dated July 11, 1989 attached hereto and made a part hereof. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least II once 19. in the Carlsbad Journal within fifteen days after its +>ma zwv)o lU=--I oaanb 16 zo3s 'k&t? >2% 17 c 0 0 18 20 adoption. 21 INTRODUCED AND FIRST READ at a regular meeting of the 22 23 24 25 26 27 28 Carlsbad City Council on the 22nd day of August , 1989, and thereafter . 1 2 3 4 5 6 7 8 9 10 11 12 ,>ma ZWv)O w=--I “aad zozs 16 '$aY >za 17 5 5 18 19 20 21 22 23 24 25 26 27 28 - . . PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 5th day of September , 1989, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY ATTEST: uJ& 7R. l%LLzLw ALETHA L. RAUTENKRANZ, City Clerk 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 A Exhibit "A" PLANNING COMISSION RESOLUTION NO. 2841 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF MASTER PLAN 175(C) TO AMEND EXISTING MASTER PLAN 175 TO ALLOW AN EXTENSION OF THE SPECIFIED TIME LIMIT WITHIN WHICH AN EDUCATIONAL BUILDING MUST BE CONSTRUCTED WITH PLANNING AREA "A" ON PROPERTY GENERALLY LOCATED ON 40.3 ACRES WITHIN THE INTERIOR OF WINDROSE CIRCLE. APPLICANT: SAMMIS PROPERTIES CASE NO.: MP 175(C) WHEREAS, a verified application for certain property, to wit: All of lots 1, 2, 3 and 4 of Parcel Map No. 13653, together with a portion of the west half of Section 33, Township 12 South, Range 4 West, SBBM, all in the City of Carlsbad, County of San Diego, State of California. WHEREAS, said verified application constitutes a request as provided in Title 21 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 19th day of April, 1989, hold a duly noticed public hearing as prescribed by law to consider said request; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Master Plan; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 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 public hearing, the Commission recommends APPROVAL of MP-175(C) based on the following findings and subject to the following conditions. Findinqs: 1. As discussed in the staff report, the City of Carlsbad has nothing to lose by allowing this extension of time. The extension of time could provide the applicant adequate time necessary to develop educational facilities and ultimately a unique educational park upon the subject property. 2. This Master Plan Amendment is consistent with the Carlsbad General Plan and with Section 21.38.120 of Title 21, which regulates amendments of Master Plans. 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 20 3. This Master Plan Amendment will incorporate a number of important additional conditions and clarifications within Master Plan 175 whereby: (a) Acceptable educational entities are clearly defined, and (b) Phasing requirements for both educational and research development uses are specified. 4. This project will not cause any significant environmental impacts and a Notice of Prior Compliance has been issued by the Planning Director on March 3, 1989 and APPROVED by the Planning Commission on April 19, 1989. In approving this Notice of Prior Compliance, the Planning Commission has considered the initial study, the staff analysis, all required mitigation measures and any written comments received regarding the significant effects this project could have on the environment. Conditions I. Approval is granted for MP-175(C) as shown on Exhibit "B", dated April 19, 1989, incorporated by reference and on file in the Planning Department. All conditions of MP-175 and of Planning Commission Resolution No. 2785 are hereby incorporated except as modified by this resolution. 2. The project applicant shall have a maximum of 5 years from .SpT; 5 , 1989 to pull a building permit and begin construction of a 75,500 square foot educational building within Planning Area "A". Prior to the issuance of this educational building permit, the project applicant shall only be permitted to develop (pull building permits and construct) the residential Planning Areas "B", "C", "D", "E", "F", and "H" and all hotel, conference center and associated hotel service commercial uses permitted within Planning Areas "K", "L" and "J" of this Master Plan. If a building permit(s) for a 75,500 square foot educational building is not issued and building construction initiated within five years from the date of City Council approval of MP-175(C) then, Master Plan 175 shall be opened up for amendment with Planning Areas "A", "G" and "I" being redesignated for open space uses or to Residential Low-Medium designations (RLM -3.2 du/acre) thereby permitting the development of the balance of the 526 total dwelling units permitted, yet unconstructed within MP-175. No building permits for commercial development within Planning Area "M" of this Master Plan shall be issued until a minimum of 110,000 square feet of educational buildings are constructed and fully occupied within Planning Area "A". If educational buildings are never developed upon the subject property (Planning Area "A") then Planning Area "M" will be redesignated and amended to permit a maximum of 44 dwelling units and no other commercial uses. PC RESO NO. 2841 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A 3. This amendment to MP-175 is approved subject to the condition that the project applicant shall be required to provide the City with a non- building easement, and an accompanying agreement satisfactory to the City Council, that will preclude any development within Planning Areas "A", "G" and "I" until a 75,500 square foot educational building(s) is constructed and operating in conformance with the educational criteria established through this amendment. be: This nonbuilding easement shall be required to (1) acceptable to the City Attorney, and (2) provided to the City within 90 days of approval of this Master Plan Amendment by the City Council. Within three months from the date of City Council approval of MP-175(C) the project applicant shall fully landscape the entirety of Planning Area "A" with a variety of trees, grass, ground cover, shrubs, pathways and water features subject to the approval of the Planning Director. Planning Areas "A", "G" and "I" remain under a non-building easement until one of the following two events has occurred: (a) A building permit has been issued by the City of Carlsbad and construction has been initiated on a 75,500 square foot educational building(s) within Planning Area "A"; or W A Master Plan Amendment and General Plan Amendment has been approved by the City to convert Planning Areas "A", "G" and "I" to open space uses or Residential Low-Medium (RLM - 3.2 du/acre) designations, thereby permitting the development of the balance of the total of 526 dwelling units, permitted yet unconstructed within MP-175. In the event that this scenario is ever implemented whereby these Planning Areas are redesigned for residential uses, the total number of dwelling units permitted within the Master Plan must conform to the 526 dwelling unit cap as required by Section 21.90 of the Carlsbad Municipal Code (Growth Management). Uses permitted within Planning Area "I" which are not associated with educational uses permitted within Planning Area "A" including an elementary school day care center, or any other uses permitted by right or through Conditional Use Permit within the R-l residential zone, may be constructed within Planning Area "I", prior to the construction of a 75,500 square foot educational building(s), provided that a site development plan is submitted and approved for each individual use. Any other interim use proposed within Planning Areas "A", "6" and "I', and not requiring a building permit may be considered under a Conditional Use Permit. 4. This Master Plan Amendment is approved subject to the condition that prior to finaling Tentative Tract Map CT 85-37, residential Planning Area "H" and all associated approvals (MP-175/CT 85-37/PUD-95) shall be amended to set back all dwelling units between 80 and 100 feet from the existing Batiquitos Lagoon bluff edge. The specific distance of this setback will be determined during subdivision review. With this redesign of Planning Area "H": PC RESO NO. 2841 -3- 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 5. No building permits for commercial development within Planning Area "M" of Master Plan 175 shall be issued until a minimum of 110,000 square feet of educational buildings are constructed and fully occupied within Planning Area "A". If educational buildings as defined in Master Plan 175 are never developed upon the subject property (Planning Area "A") then Planning Area "M" will be redesignated and amended to permit a maximum of 44 dwelling units and no other commercial uses. 6. Any land use changes associated with MP-175(C), or conditions thereof, shall necessitate that the Zone 9 Local Facilities Management Plan be amended to be consistent. 7. The April 19, 1989 staff report from the Planning Department to this Planning Commission is incorporated by reference herein to clarify and provide direction on implementing the above conditions. 8. The Plannina Commission recommends that the aqreement referred to on ease 3 f of Exhibii "B" requ ire that the educational leases be for a minimum of (1) (2) (3) (4) (5) A Master Plan Amendment (to MP-175) shall be processed to enable the Planning Area "H" boundaries to extend northward into Planning Area "G" (which will be reduced in acreage). The edge of the existing natural lagoon bluff shall be surveyed and staked and the dwelling unit setback for all dwelling units shall be measured from this identified bluff edge. That portion of Tentative Map (CT 85-37) which covers Planning Area "H" shall be redesigned to lower grades to the existing natural bluff top elevations. The existing grades along this bluff edge will not be permitted to be raised for purposes of constructing residential pads within this Planning Area. No development, with the exception of a lagoon bluff top public access trail, shall be permitted within 45 feet of this identified lagoon bluff edge. The project applicant shall be required to submit a grant deed to the City for purposes of establishing an open space easement over this 45 foot setback area and the easement shall make provisions for a public access trail of a minimum ten foot width to be established within the 45 foot setback area. Any other development (minor accessory structure) permitted within that area between the Planning Area "H" dwelling units and the 45 foot setback area shall be consistent with the minor accessory use provisions of MP-175(A) with the exception that the amended 45 foot lagoon bluff setback line will be the cutoff point for those accessory uses permitted within setback Area "C" as depicted on Exhibit "C", dated March 15, 1989. ive years. PC RESO NO. 2841 -4- , - A PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning 1 Commission of the City of Carlsbad, California, held on the 19th day of April, 2 1989, by the following vote, to wit: 3 AYES: Chairperson Hall, Commissioners: Schramm, Schlehuber 4 & Marcus. 5 NOES: Commissioners: Erwin, Holmes & McFadden. 6 ABSENT: None. 7 ABSTAIN: None. 11 ATTEST: 12 13 14 15 16 17 18 19 II 20 21 22 23 24 25 26 MICHAEL J. HOmILLEfL' Planning Director 27 II PC RESO NO. 2841 MATTHEW HALL, Chairman CARLSBAD PLANNING COMMISSION -5- 2a I 81 I ! i ! i 2 1’1 . h Exhibit "8" April 19, 1989 CHAPTER III - DEVELOPMENT REVIEW PROCESS SECTION D - AMENDMENTS: PAGE 21 PRESENTLY READS AS: 3. If building permits are not issued, or if construction on buildings in Area "A" has not commenced within three years of the date of approval of this Master Plan all approvals for Areas "A" and 'I" shall be suspended until this Master Plan is reviewed at a public hearing by the City Council for possible amendment, or extension. AMENDED PAGE 21 SHALL READ AS: 3. The project applicant shall have a maximum of 5 years from <&e-r. g 1989 to pull building permits and begin construction bf a 75,500 square foot educational building(s) within Planning Area "A". Prior to the issuance of the educational building permit(s), the project applicant shall only be permitted to develop (pull building permits and construct) the residential Planning Areas "B", "C", "D", "E", and "F", and all hotel, conference center and associated hotel service commercial uses permitted within Planning Areas "K", "L" and “J” of this Master Plan. If building permit(s) for a 75,500 square foot educational building(s) is not issued and building construction initiated within five years from the date of City Council approval of MP- 175(C), then, Master Plan 175 shall be opened up for amendment with Planning Areas "A", "G" and “I” being redesignated for open space uses or to Residential Low- Medium designations (RLM - 3.2 du/acre), thereby permitting the development of the balance of the 526 total dwelling units permitted, yet unconstructed within MP-175. In the event that this scenario is ever implemented whereby these Planning Areas are redesigned for residential uses, the total number of dwelling units permitted within the Master Plan must conform to the 526 dwelling unit cap as required by Section 21.90 of the Carlsbad Municipal Code (Growth Management). Uses permitted within Planning Area “I” which are not associated with educational uses permitted within Planning Area "A" including an elementary school, day care center, or any other uses permitted by right or through Conditional Use Permit within the R-l residential zone, may be constructed within Planning Area “I” prior to the construction of a 75,500 square foot educational building(s), provided that a site development plan is submitted and approved for each individual use. Any other interim use proposed within Exhibit "B" April 19, 1989 CHAPTER IV - SECTION B - Planning Areas "A", "G" and "I", and not requiring a building permit, may be considered under a Conditional Use Permit. No building permits for commercial development within Planning Area "M" of this Master Plan shall be issued until a minimum of 110,000 square feet of educational building(s) are constructed and fully occupied within Planning Area "A". If educational buildings are never developed upon the subject property (Planning Area "A") then Planning Area "M" will be redesignated and amended to permit a maximum of 44 dwelling units and no other commercial uses. PROJECT DEVELOPMENT STANDARDS SPECIAL PLANNING AREA DEVELOPMENT STANDARDS: PAGE 29 PRESENTLY READS AS: Permitted Uses: The primary use permitted in the Educational Park is an educational institution which may include: undergraduate and graduate educational institutions ; institute offices for admissions and placement, registration, faculty and accounting; conference rooms, classrooms, laboratories, libraries and auditoriums; student lounge and commons, book store, cafeteria and deli. Other related uses as discussed below are allowed subject to compliance with the criteria following under related uses. AMENDED PAGE 29 SHALL READ AS: Permitted Uses: The primary use permitted in Planning Area "A" are educational entities which shall be required to satisfy one of the following definitions: 0) A full-time, accredited institution of higher education (The schools must be accredited by one of the accrediting bodies included within Lovejoy's College Guide, Eighteenth Edition. However, each school may also be accredited by a separate accrediting body i.e., School of Library Science must be accredited by the American Library Association). Accreditation must be acceptable to the City. (b) A branch or satellite of a full-time, accredited institution of higher education. Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) may be permitted within Planning Area "A" -2- Exhibit "B" April 19, 1989 subject to the following criteria: (1) each of these Other Educational Uses shall be subject to the approval of the Planning Director, (2) that other Educational Uses shall occupy no more than 50 percent of the total educational square footage permitted or constructed within Planning Area "A". Other Related Uses as discussed below are allowed within Planning Area "A" subject to compliance with the (1) criteria for Related Uses, and (2) phasing provisions for Educational and Related Uses, discussed below. Page 30 shall be amended to incorporate Phasinq orovisions for Educational and Related Uses, directly following the first paragraph dealing with Criteria for Related Uses AMENDED PAGE 30 SHALL READ AS: Phasinq Provisions for Educational and Related Uses: (1) The first educational building(s) to be constructed within Planning Area "A" shall be a minimum of 75,500 square feet in area ; of which 25,500 square feet shall be leased and/or occupied by either, (2) a full-time, accredited institution of higher education, or (2) a branch or satellite of a full-time, accredited institution of higher education. No other non- educational uses may be permitted to occupy the educational building(s). (2) Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) as approved by the Planning Director, shall occupy no more than 50,000 square feet of the first educational building(s) constructed within Planning Area "A". (3) Prior to receiving building permits for the first educational building(s), the developer shall provide evidence satisfactory to the Planning Director and the City Attorney of a legally binding agreement guaranteeing minimum utilization by an Educational Entity as defined herein. The Planning Commission recommends that minimum utilization be for a period of at least five years. -3- Exhibit "B" April 19, 1989 (4) No building other than for educational uses (which satisfy the criteria of an Educational Entity or Other Educational Use) shall be approved for construction within Planning Area "A" until full occupancy of the first educational building(s) has occurred. The first educational building(s) shall be a minimum of 75,500 square feet in area. (5) Subsequent to the development and full occupancy of the first educational building(s), Related Uses shall be permitted to be constructed within Planning Area "A", on a 1:l ratio with additional educational structural square footage (any educational square footage constructed in excess of the required minimum 75,500 square feet). No R&D or office uses shall be allowed to be constructed until a minimum of 75,500 square feet of educational facilities are fully leased and operating. Subsequent to fulfilling this condition, R&D uses may develop on a 1:l ratio with additional educational square footage. -4- - Revised Exhibit "B" July 11, 1989 CHAPTER III - DEVELOPMENT REVIEW PROCESS SECTION D - AMENDMENTS: PAGE 21 PRESENTLY READS AS: 3. If building permits are not issued, or if construction on buildings in Area "A' has not commenced within three years of the date of approval of this Master Plan all approvals for Areas 'A" and 'I" shall be suspended until this Master Plan is reviewed at a public hearing by the City Council for possible amendment, or extension. AMENDED PAGE 21 SHALL READ AS: 3. The project applicant shall have a maximum of 5 years from July 11, 1989 to pull building permits and begin construction of a 75,500 square foot educational building(s) within Planning Area "A'. Prior to the issuance of the educational building permit(s), the project applicant shall only be permitted to develop (pull building permits and construct) the residential Planning Areas "B", "C", "D", "E", and "F", and all hotel, conference center and associated hotel service commercial uses permitted within Planning Areas "K", "L" and “J’ of this Master Plan. If building permit(s) for a 75,500 square foot educational building(s) is not issued and building construction initiated within five years from the date of City Council approval of MP- 175(C), then, Master Plan 175 shall be opened up for amendment with Planning Areas "A", "G" and “I” being redesignated for open space uses or to Residential Low- Medium designations (RLM - 3.2 du/acre), thereby permitting the development of the balance of the 526 total dwelling units permitted, yet unconstructed within MP-175. In the event that this scenario is ever implemented whereby these Planning Areas are redesigned for residential uses, the total number of dwelling units permitted within the Master Plan must conform to the 526 dwelling unit cap as required by Section 21.90 of the Carlsbad Municipal Code (Growth Management). Uses permitted within Planning Area ‘I” which are not associated with educational uses permitted within Planning Area "A" including an elementary school, day care center, or any other uses permitted by right or through Conditional Use Permit within the R-l residential zone, may be constructed within Planning Area “I” prior to the construction of a 75,500 square foot educational building(s), provided that a site development plan is submitted and approved for each individual use. Any other interim use proposed within Revised Exhibit "B" July 11, 1989 Planning Areas "A", "G" and “I”, and not requiring a building permit, may be considered under a Conditional Use Permit. No building permits for commercial development within Planning Area "M" of this Master Plan shall be issued until a minimum of 110,000 square feet of educational building(s) are constructed and fully occupied within Planning Area "A". If educational buildings are never developed upon the subject property (Planning Area "A") then Planning Area "M" will be redesignated and amended to permit a maximum of 44 dwelling units and no other commercial uses. CHAPTER IV - PROJECT DEVELOPMENT STANDARDS SECTION 6 - SPECIAL PLANNING AREA DEVELOPMENT STANDARDS: PAGE 29 PRESENTLY READS AS: Permitted Uses: The primary use permitted in the Educational Park is an educational institution which may include: undergraduate and graduate educational institutions; institute offices for admissions and placement, registration, faculty and accounting; conference rooms, classrooms, laboratories, libraries and auditoriums; student lounge and commons, book store, cafeteria and deli. Other related uses as discussed below are allowed subject to compliance with the criteria following under related uses. AMENDED PAGE 29 SHALL READ AS: Permitted Uses: The primary use permitted in Planning Area "A" are educational entities which shall be required to satisfy one of the following definitions: (4 A full-time, accredited institution of higher education (The schools must be accredited by one of the accrediting bodies included within Lovejoy's College Guide, Eighteenth Edition. However, each school may also be accredited by a separate accrediting body i.e., School of Library Science must be accredited by the American Library Association). Accreditation must be acceptable to the City. (b) A branch or satellite of a full-time, accredited institution of higher education. Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) may be permitted within Planning Area "A" subject to the following criteria: -2- . Revised Exhibit "B" July 11, 1989 (1) each of these Other Educational Uses shall be subject to the approval of the Planning Director, (2) that other Educational Uses shall occupy no more than 50 percent of the first 75,500 sq.ft. (Phase I) and 20% total educational square footage permitted or constructed within Planning Area "A". Other Related Uses as discussed below are allowed within Planning Area "A" subject to compliance with the (1) criteria for Related Uses, and (2) phasing provisions for Educational and Related Uses, discussed below. Page 30 shall be amended to incorporate Phasinq provisions for Educational and Related Uses, directly following the first paragraph dealing with Criteria for Related Uses AMENDED PAGE 30 SHALL READ AS: Phasins Provisions for Educational and Related Uses: (1) The first educational building(s) to be constructed within Planning Area "A" shall be a minimum of 75,500 square feet in area; of which 50% or 37,750 square feet shall be leased and/or occupied by either, (2) a full- time, accredited institution of higher education, or (2) a branch or satellite of a full-time, accredited institution of higher education. No other non- educational uses may be permitted to occupy the educational building(s). (2) Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) as approved by the Planning Director, shall occupy no more than 50% or 37,750 square feet of the first educational building(s) constructed within Planning Area "A". (3) Prior to receiving building permits for the first educational building(s), the developer shall provide evidence satisfactory to the Planning Director and the City Attorney of a legally binding agreement guaranteeing minimum utilization by an Educational Entity as defined herein. The Planning Commission recommends that minimum utilization be for a period of at least five years. -3- Revised Exhibit "B' July 11, 1989 (4) At the buildout of the educational facilities no more than 20 percent of the 'Other Educational Uses" shall be constructed within Planning Area "A". Since the first phase as noted above allows for a maximum of 50 percent of "Other Educational Uses" to be constructed it is recognized that construction of subsequent phases could not produce the required maximum of 20 percent "Other Educational Uses". Therefore if the developer chooses to construct more than 20% "Other Educational Uses" of the 75,500 square feet first phase, then each successive phase of educational facilities must be developed without any "Other Educational Uses" until the 20 percent maximum "Other Educational Uses" is attained. Once this is achieved all successive educational phases shall not be developed with more than 20 percent "Other Educational Uses'. (5) No building other than for educational uses (which satisfy the criteria of an Educational Entity or Other Educational Use) shall be approved for construction within Planning Area 'A" until full occupancy of the first educational building(s) has occurred. The first educational building(s) shall be a minimum of 75,500 square feet in area. (6) Subsequent to the development and full occupancy of the first educational building(s), Related Uses shall be permitted to be constructed within Planning Area "A", on a 1:l ratio with additional educational structural square footage (any educational square footage constructed in excess of the required minimum 75,500 square feet). No R&O or office uses shall be allowed to be constructed until a minimum of 75,500 square feet of educational facilities are fully leased and operating. Subsequent to fulfilling this condition, R&O uses may develop on a 1:l ratio with additional educational square footage. -4- Exhibit "C" MEMORANDUM DATE: July 11, 1989 TO: File MP-175(C) FROM: CITY COUNCIL On July 11, 1989, the Carlsbad City Council adopted amended Planning Commission Resolution No. 2841 with modifications as follows: (A) A new condition No. 9 was added. 9. MP-175(C) is approved subject to the condition that the first educational building(s) to be constructed within Planning area "A" shall be a minimum of 75,500 square feet in area; of which 50X or 37,750 square feet shall be leased and/or occupied by either, (1) a full-time, accredited institution of higher education, or (2) a branch or satellite of a full- time, accredited institution of higher education. No other non-educational uses may be permitted to occupy the educational building(s). Other Educational Uses (i.e., non-accredited schools offering continuing education, executive or management training, educational conferences or workshops) as approved by the Planning Director, shall occupy no more than 50X or 37,750 square feet of the first educational building(s) constructed within Planning Area "A". Other Educational Uses shall occupy no more than 20x of the total educational square footage permitted or constructed within Planning Area "A". If more than 20x "Other Educational Uses" are developed in the first 75,500 square feet then each subsequent phase shall not include any "Other Educational Uses" until no more than 20% of the total existing facilities is composed of "Other Educational Uses". At such time the maximum 28% "Other Educational Uses' is attained, successive developed of educational facilities shall not be composed of more than 20% "Other Educational Uses". (B) Condition No. 4 was revised to now apply only to Lagoon blufftop structures and not to all structures, including the desiltation basin blufftops structures, within Planning area "H". 4. This Master Plan Amendment is approved subject to the condition that prior to finaling Tentative Tract Map CT 85- 37, residential Planning Area "H" and all associated approvals (MP-175/CT 85-37/PUD-95) shall be amended to set back all Batiquitos Lagoon bluff edge dwelling units (lots 18-29 of CT 85-37) between 80 and 100 feet from the existing Batiquitos Lagoon bluff edge. The specific distance of this setback will be detemined during subdivision review. With this redesign of Planning Area "H": - (1) A Master Plan Amendment (to MP-175) shall be processed to enable the Planning Area "H" boundaries to extend northward into Planning Area '6' (which will be reduced in acreage). (2) The edge of the existing natural lagoon bluff shall be surveyed and staked and the dwelling unit setback for all dwelling units shall be measured from this identified bluff edge. (3) That portion of Tentative Map (CT 85-37) which covers Planning Area "H" shall be redesigned to lower grades to the existing natural bluff top elevations. The existing grades along this bluff edge will not be permitted to be raised for purposes of constructing residential pads within this Planning Area. (4) (5) No development, with the exception of a lagoon bluff top public access trail, shall be permitted within 45 feet of this identified lagoon bluff edge. The project applicant shall be required to submit a grant deed to the City for purposes of establishing an open space easement over this 45 foot setback area and the easement shall make provisions for a public access trail of a minimum ten foot width to be established within the 45 foot setback area. Any other development (minor accessory structure) permitted within that area between the Planning Area "H" dwelling units and the 45 foot setback area shall be consistent with the minor accessory use provisions of MP-175(A) with the exception that the amended 45 foot lagoon bluff setback line will be the cutoff point for those accessory uses permitted within setback Area "C" as depicted on Exhibit "C", dated March 15, 1989. CO:lh mpl75c.mem STAFF REPORT DATE : APRIL 19, 1989 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: MP 175(C) - BATIOUITOS LAGOON EDUCATIONAL PARK - Request for approval of an Amendment to Master Plan 175 (Batiquitos Lagoon Educational Park) to allow an extension of the Master Plan specified time limit within which an educational building must be constructed within Planning Area "A". I. RECOt4?4ENOATION That the Planning Commission ADOPT Planning Commission Resolution No. 2841 recommending APPROVAL of MP-175(C) based on the findings and subject to the conditions contained therein. II. BACKGROUND AND PROJECT DESCRIPTION On October 22, 1985 the City Council unanimously approved the Batiquitos Lagoon Educational Park Master Plan (MP-175). The Batiquitos Lagoon Educational Park was approved as a mixed use community with a proposed graduate university being the focal point of the development. In conjunction with, and supporting the educational institution, the project was approved to permit research and development facilities and office uses which would directly relate to and consistently interact with the school, a variety of residential uses, a hotel and conference center and commercial uses. At the time of project approval the project applicant indicated that the proposed university could include schools which centered around a law school, with subsidiary facilities such as a public affairs institute, a school of communication and information science, a school of land use and real estate and a school of Pacific Rim studies. As of this date, the project applicant has been unable to reach agreement with any educational entities and as a consequence has not constructed any buildings for educational uses. Acknowledging that the approval of a major master planned project centered around a new university could be somewhat risky, staff included conditions/provisions within the Master Plan in order to ensure that if the educational component of this plan was not being fulfilled, that the Master Plan could be opened up for review at given points in time. Conditions were incorporated into the Master Plan in order to ensure that this proposed "educational park" would not ultimately end up as a "research and development park". Specifically, Condition No. 3 (page 21) of the Master Plan 175 specifies: "If building permits are not issued, or if construction and buildings in Area "A" has not commenced within three years of the effective date of approval of this MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 2 Master Plan, all approvals for Areas "A" and "I" shall be suspended until this Master Plan is reviewed at a public hearing by the City Council for possible amendment, or extension." To clarify, Planning Area "A" is that area of the Master Plan within which educational uses and other related research and development and office uses are permitted to be constructed (please refer to Exhibit "A" for a graphic representation of the planning areas). It is, however, important to understand that no research and development or office uses may be constructed or permitted within Planning Area "A" prior to the construction of an educational facility within this Planning Area. In accordance, since no building permits have been issued and no educational building has been constructed within Planning Area "A" all approvals for Planning Area "A" and Planning Area "I" (accessory school uses i.e. gymnasium, pool, sports fields, tennis courts, health center, day care center, student union and book store), could now be suspended, and the Master Plan reviewed by the City Council for possible amendment or extensions. In view of this consideration, the project applicant is requesting the approval of an Amendment to Master Plan 175 to allow an extension of the time limit within which an educational building must be constructed within Planning Area "A". III. ANALYSIS 1. Should the proposed extension request be supported? 2. Should there be a time limit on this extension request? 3. Should any other uses within the Master Plan be allowed to develop during this extension period? 4. Should there be additional conditions of approval associated with this time extension request? DISCUSSION 1. Extension supported. Overall, staff believes that the requested extension of time to enable the project applicant to pull building permits and begin construction of the Master Plan's first educational building may be appropriate. This conclusion is based upon a number of considerations including the following: By extending the time limit for the establishment (construction) of an educational facility, subject to specific conditions of approval and amendments to the Master Plan (discussed further in this report), the City of Carlsbad has nothing to lose. As the Master Plan exists today, no other uses are permitted to be constructed within Planning Area "A" until an educational building permit is issued and the educational building constructed and facility operating. The project applicant has admitted that while he remains firmly committed to establishing an acceptable educational facility as the focal point of the project, his original time line for negotiating all of the details necessary to MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 3 ensure the success of this undertaking were overly ambitious. In effect, this extension of time will, at its best, provide the project applicant with the time necessary to fulfil1 his commitment of developing an educational park. Conversely, by not extending this time limit, the opportunity for the development of a unique, self-contained, educational oriented community centered around a university within the City becomes moot. 2. Time limit. Staff recommends that there should be a time limit on this requested extension. This time limit should be no more than five years from the date that this extension request is approved by the City Council. While there is no guarantee that an educational building will be constructed within this five year time period, staff feels that this maximum five year extension will offer the applicant more reasonable opportunity for attainment of an educational facility. 3. Interim Development When this Master Plan project was originally negotiated, the staff report indicated that an educational park of this size (133 usable acres) was financially risky. The simple fact of the matter, as discussed within the adopted Market Feasibility and Fiscal Impact Analysis for the project (Criterion, 1985), is that while an educational facility at the subject property has a good opportunity for success, it will nevertheless require many years to become established and successful. In the meantime, it will result in significant front end costs to the developer. Because of this concern, the Master Plan was designed to incorporate a multitude of different uses (i.e. residential, hotel and conference center, commercial, research and development and office) which hopefully would provide the front end revenues necessary to develop the educational portion of the project. Staff is willing to recommend allowing a certain amount of development during the extension period. The plan that staff is proposing would allow the project applicant to continue to build out the residential planning areas of the project (526 dwelling units as shown below); plus, the proposed executive hotel and conference facilities and commercial uses directly related to the hotel (Planning Areas "K", "L", and “J”) upon the subject property prior to pulling a building permit for and constructing an educational building. Planning Area "B" - 52 OU Planning Area "C"- 77 OU (Revised to 75 and are currently under construction) Planning Area "0" - 36 OU Planning Area "E" - 144 ou Planning Area "F" - 54 ou Planning Area "G" - 91 ou Planning Area "H" - 28 OU Plannino Area "M" - 44 ou Total - 526 OU MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 4 As a condition of this time extension, Sammis Properties will be required to provide the City of Carlsbad with non-building easements over Planning Areas "A", "G" and "I" (those planning areas designated for educational or associated educational and student housing uses), and an accompanying agreement satisfactory to the City Council, that will preclude any development within Planning Areas "A" 9 "G" and "I" until a 75,500 square foot educational building is constructed within Planning Area "A", and operating in conformance with the educational criteria established through this amendment. However, in that Planning Area "I" is currently under review by the Carlsbad School District as a potential site for an elementary school, and because the Planning Area does allow other uses which are not associated with educational uses permitted within Planning Area "A", but would be compatible with potential future residential development, staff has qualified the above mentioned condition for this time extension, to allow: (1) non-educational associated development within Area "I" including an elementary school, day care center; and (2) any other uses permitted by right or through Conditional Use Permit within the R-l residential zone, to be constructed prior to the construction of a 75,500 square foot educational building, and subject to the approval of site development plans for each of these uses. If the educational component of the Master Plan is never realized, Planning Areas redes i assoc i (RLM Under these “A” , "G" and "1"‘could either be maintained as open space, or could be gnated and down zoned through General Plan Amendment, Zone Changes and ated Local Coastal Plan Amendments to Residential Low Medium designations 3.2 du/acre). this scenario. the number of dwellinq units which could be oermitted within three Planning Areas would equal 178; including: Planning Area "A" 33.03 acres x 3.2 du/ac = 105 ou Planning Area "G" 9.9 acres x 3.2 du/ac = 32 OU Planning Area "I" 12.8 acres x 3.2 du/ac = 41 ou Total = 178 OU The RLM designation would be necessary to ensure compliance with Management cap established for the southwest quadrant. the Growth It is also important to understand that because there exits a tota dwelling unit cap (526 du's) over the entire Master Plan, the 1 permitted effect of relocating some of these units within previously approved, nonresidential Planning Areas "A", "G" and "I", will necessitate that a sufficient number of dwelling units be held back from the other Master Plan approved residential planning areas (i.e., Planning Areas "B", "C", "0", "E", "F", and "H"). Since it is conceivable that the project applicant may not be able to provide an educational facility within the allotted time frame of this extension, staff believes that it would be in the developer's best interest to reserve a sufficient number of the permitted 526 dwelling units whereby these dwelling units may be able to be relocated to those areas covered by the non-building easement (Planning Areas "A", "G" and "I"). I - * MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 5 Staff is also recommending that, prior to the establishment of the education facility, no neighborhood commercial uses be permitted to be constructed within Planning Area "M". As discussed in the Planning Commission staff report for the Master Plan, this area of neighborhood commercial was intended primarily to serve the needs of the higher intensity educational and office land uses within Planning Area "A". If the educational facility never comes to fruition then the office and R&O uses could not be developed. Under this scenario, it can be argued that the neighborhood commercial use at the proposed location would not be appropriate given both the nearness of Poinsettia Plaza and the decrease in the intensity of development allowed by this Master Plan Amendment. In accordance, staff recommends that should the educational component of this Master Plan not occur, then the only use permitted within Planning Area "M" would be 44 residential dwelling units (which are already permitted within this planning area per MP-175). Staff also recommends that the construction of the proposed executive hotel, conference facilities and tourist commercial uses (i.e., hotel laundry service, restaurant, barber and beauty shops, travel agencies) directly related to the hotel, located within Planning Areas "K", "L", and "J" of the Master Plan, and west of the A.T. & S.F. railway, be permitted to build out prior to pulling a building permit for an educational building. This recommendation is based upon the fact that this hotel and associated service land uses are not dependent upon the success of the educational components of the project, and would be an acceptable and compatible land use within the City of Carlsbad. Over the past several months staff has spent many hours working on the details of this time extension request with the project applicant. As a result of this work, staff is recommending that a number of clarifications and conditions of approval be incorporated into the Master Plan Amendment. These clarifications and conditions of approval are listed below and then followed by a discussion. (a) Definition of Educational Entity to set minimum criteria for an acceptable institution or group of institutions. (b) Condition that allows phasing of development within Planning Area A and sets criteria for the phasing of both the educational uses and the research and development (R&O) uses. (c) Condition that Sammis Properties provid4;t!eij;y ;iih a non-building easement over Planning Areas "A", I prior to the development of an acceptable educational facility. (d) A requirement that Planning Area "H" be redesigned to address concerns about public access and visual impacts. (1) Definition and Phasinq of Educational Entities - Currently, Master Plan 175 indicates that an educational use must be established within Planning Area "A" prior to any related research and development or office uses being developed within this Master Plan. As noted earlier, this provision was MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 6 included within the Master Plan for purposes of ensuring that this area of the City develops as an "educational park" instead of an "office park". In order to further alleviate existing City and community concerns regarding this consideration, and to provide the project applicant with more specific guidelines for the selection of an educational entity, staff recommends that the followins definition of an acceptable educational entity be incorporated into the Master Plan. An acceptable educational entity shall be required following definitions: (a) A full-time, accredited institution of h to satisfy one of the igher education. The school(s) must be accredited by one of the accrediting bodies included within Lovejoy's College Guide, Eighteenth Edition. However, each school may also be accredited by a separate accrediting body (i.e., School of Library Sciences may be accredited by the American Library Association). Accreditation must be acceptable to the City. (b) A branch or satellite of a full-time accredited institution of higher education. Acknowledging that the establishment of an educational entity, let alone a full-time, accredited institution of higher education, upon the subject property will be difficult to accomplish, staff recommends that "other educational uses" (i.e., non-accredited schools, offering continuing education, executive or management training, educational conferences or workshops) be permitted within Planning Area "A" subject to the following conditions which shall be incorporated into the Master Plan: (4 "Other Educational Uses" (i.e., non-accredited schools offering, continuing education, executive or management training, educational conferences or workshops) may be permitted within Planning Area "A" subject to the following criteria: (1) Each of these "other educational uses" shall be subject to the approval of the Planning Director, (2) That "other educational uses" shall occupy no more than 50% of the total educational square footage permitted or constructed within Planning Area "A". Staff also recommends that the following conditions be incorporated into Master Plan 175 with regard to the definition and phasing of educational entities: . MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 7 (4 (W (cl The first educational building(s) to be constructed within Planning Area "A" shall be a minimum of 75,500 square feet in area; of which 25,500 square feet shall be leased and/or occupied by either a (1) full-time, accredited institution of higher education or (2) a branch or satellite of a full-time, accredited institution of higher education. No other non-educational uses may be permitted to occupy the educational building(s). "Other educational uses" (i.e., non-accredited schools offering; continuing education, executive or management training, educational conferences or workshops) as approved by the Planning Director, shall occupy no more than 50,000 square feet of this first educational building(s). Prior to receiving building permits for the first educational building(s), the developer shall provide evidence satisfactory to the Planning Director and the City Attorney of a legally binding agreement guaranteeing minimum utilization by an educational entity as defined herein. (2) Phasinq of Non-educational Oevelooment within Planninq Area "A" - Staff also recommends that the following language be incorporated into the Master Plan regarding the phasing of non-educational development within Planning Area "A"; (a) "No building(s) other than for educational uses (which satisfy the criteria of an educational entity or other educational use) shall be approved for construction within Planning Area "A" until full occupancy of the first educational building(s) has occurred. The first educational buildings shall be a minimum of 75,500 square feet in area. (W "Subsequent to the development and full occupancy of the first educational building(s), non-educational uses shall be permitted to be constructed within Planning Area "A", on a 1:l ratio with additional educational structural square footage (any educational square footage constructed in excess of the required minimum 75,500 square feet). No R&O or office uses shall be allowed to be constructed until a minimum of 75,500 square feet of educational facilities are fully leased and operating. Subsequent to fulfilling this condition, R&O uses may develop on a 1:l ratio with additional educational square footage. This condition is meant to ensure that R&O uses are in support of educational uses and do not dominate the park. (3) The Use of Plannina Areas "A", "G" and “I” durinq the Requested Five Year Extension Time Frame - As a condition of this amendment request for Master Plan 175, the project applicant shall be required to provide the City with - MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 8 a non-building easement and an accompanying agreement satisfactory to the City Council that will preclude any development in these Planning Areas until a 75,500 square foot educational building(s) is constructed and operating in conformance with the educational criteria established through this Master Plan Amendment. This nonbuilding easement shall be required to be: (1) acceptable to the City Attorney, and (2) provided to the City within 90 days of the approval of this Master Plan Amendment by the City Council. Within three months from the date of City Council approval of this Master Plan Amendment, the project applicant shall be required to fully landscape Planning Area "A" with a variety of trees, grass, ground cover, shrubs, pathways and water features, subject to the approval of the Planning Director. Planning Areas "A", "G" and “I” shall remain under a non-building easement until one of the following two events has occurred: (1) A building permit has been issued by the City of Carlsbad to construct a 75,500 square foot educational buildings within Planning Area "A"; or (2) A Master Plan Amendment and General Plan Amendment has been approved by the City to convert Planning Areas "A", "G" and ‘I” to open space uses or Residential Low Medium (RLM - 3.2 du/acre) designation, thereby permitting the development of the balance of the total of 526 dwelling units permitted, yet unconstructed, within MP-175. In the event that this scenario is ever implemented whereby these Planning Areas are redesigned for residential uses, the total number of dwelling units permitted within the Master Plan must conform to the 526 dwelling unit cap as required by Section 21.90 of the Carlsbad Municipal Code (Growth Management). Uses permitted within Planning Area “I” which are not associated with educational uses permitted within Planning Area "A", including an elementary school, day care center, or any other uses permitted by right or through Conditional Use Permit within the R-l residential zone, may be constructed within Planning Area “I” prior to the construction of a 75,500 square foot educational buildings, provided that a site development plan is submitted and approved for each individual use. Any other interim use proposed within Planning Area "A", "G", and “I” and not requiring a building permit may be considered under a Conditional Use Permit. (4) Planninq Area "H" - Planning Area "H" is a 4.9 acre Planning Area located along the north shore of Batiquitos Lagoon, immediately west of the onsite desiltation basin (Planning Area "0") and east of the A.T. & S.F. Railway. As specified in MP-175 and approved through CT 85-37/PUO-95 (Phase II of the Master Plan) Planning Area "H" will consist of 28 single family detached homes. As required and approved, and similar to the other lagoon bluff edge homes (Planning Area "C") already constructed upon the Master Plan property, all of these homes will be set back a minimum of 45 feet from the Batiquitos Lagoon bluff edge. In view of the concerns expressed by the citizens of Carlsbad regarding the visual impacts of the existing lagoon bluff edge homes (Planning Area "C") staff recommends that MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19, 1989 PAGE 9 amendments for all associated Planning Area "H" project approvals (Master Plan/Tentative Map/PUO) be processed whereby Planning Area "H" will be redesigned to set back all 28 dwelling units between 80 and 100 feet from the existing Batiquitos Lagoon bluff edge. The specific distance of this setback will be determined during subdivision review. With this redesign of Planning Area "H", MP-175, CT 85-34 and PUO-95 shall be amended in order to setback all Planning Area "H" dwelling units between 80 and 100 feet from the Batiquitos Lagoon bluff edge. In order to implement this redesign, the following process shall be required to be undertaken by the developer: (1) Master Plan Amendment be processed to enable the Planning Area "H" boundaries to extend northward into Planning ARea "G" (which will be reduced in acreage). (2) (3) (4) (5) The edge of the existing natural.lagoon bluff shall be surveyed and staked and the dwelling unit setback for all dwelling units shall be measured from this identified bluff edge. That portion of Tentative Map (CT 85-37) which covers Planning Area "H" shall be redesigned to lower grades to the existing natural bluff top elevations. The existing grades along this bluff edge will not be permitted to be raised for purposes of constructing residential pads within this Planning Area. No development, with the exception of a lagoon bluff top public access trail, shall be permitted within 45 feet of this identified lagoon bluff edge. The project applicant shall be required to submit a grant deed to the City for purposes of establishing an open space easement over this 45 foot setback area. Any other development (minor accessory structure) permitted within that area between the Planning Area "H" dwelling units and the 45 foot setback area shall be consistent with the minor accessory use provisions of MP-175(A) with the exception that the amended 45 foot lagoon bluff setback line will be the cutoff point for those accessory uses permitted within setback Area "C" as depicted on Exhibit "C", dated March 15, 1989. Staff believes that this Planning Area redesign will function to fully mitigate visual impacts of development along this prominent lagoon bluff. Overall, staff recommends support of MP-175(C) to allow a 5 year extension of the Master Plan specified time limit within which an educational building must be constructed within Planning Area "A" because: (1) the City of Carlsbad has nothing to lose by allowing this time extension; (2) the extension of time could provide the applicant the adequate time necessary to develop educational facilities and ultimately a unique educational park upon the property; (3) important conditions and clarifications will be incorporated into Master Plan MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK APRIL 19. 1989 PAGE 10 ’ 175 whereby a definition of an acceptable educational entity is clarified and phasing requirements for both educational and research and development uses are specified. The project applicant will also be required to (4) provide to the City a non-building easement over Planning Areas "A", "G" and “I” which will preclude any development within the Planning Areas until an educational building is constructed, and conditions have been incorporated through this Master Plan Amendment whereby (5) those planning areas designated for educational, research and development or associated educational uses (Planning Areas "A", "G" and “1”) would be redesignated and down zoned for residential uses if educational uses are not established upon the property; and (6) Phase II, lagoon bluff edge Planning Area "H" will be redesigned to address City concerns over public access and visual impacts. IV. ENVIRONMENTAL REVIEW An Environmental Impact Report (EIR 84-3) has been certified for this property as part of the Batiquitos Lagoon Educational Park Master Plan. Since no major changes are proposed with this project, the Planning Director has determined that this project will not have a significant effect on the environment and, therefore, has issued a Notice of Prior Environmental Compliance on March 3, 1989. ATTACHMENTS :: Planning Exhibit "A" Commission dated April Resolution 19, 1989 No. 2841 3. Exhibit "B" dated April 19, 1989 4. Location Map 5. Environmental Document COO:af February 16, 1989 -!--- --_ __ .-_-.----. _.-_ -LOCATION MA- c city of carls‘bad . MP- 17%) BATIQUITOS LAGOON EDUCATIONAL PARK , - 2075 LAS PALMAS DRIVE CAR&BAD, CA 92009-4859 c!IitU nf ahrlebnb PLANNING DEPARTMENT PUBLIC NOTICE OF PRIOR ENVIRONMENTAL COMPLIANCE TELEPHONE (619) 436-l 161 Please Take Notice: The Planning Oepartment has determined that the environmental effects of the project described below have already been considered in conjunction with previously certified environmental documents and, therefore, no additional environmental review will be required and a notice of determination will be filed. Project Title: MP-175(C) BATIQUITOS LAGOON EDUCATIONAL PARK Project Location: The 40.3 acre property is located within the interior of Windrose Circle. Project Description: An amendment to Master Plan 175 (Batiquitos Lagoon Educational Park) to allow an extension of the Master Plan specified time limit within which an educational building must be constructed within Planning Area "A" . Justification for this determination is on file in the Planning Department, Community Development, 2075 Las Palmas Drive, Carlsbad, California 92009. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (10) days of date of publication. Dated: March 3, 1989 Case No.: MP-175(C) Applicant: Sammis Properties MICHAEL 3. HfiZMIMR Planning Director Publish Date: March 3,1989 CD:lh I - * 12Ou ELM AVFl4\IE : - CAIILSUAU, C;ALIFWIlNIA 92ouO L . . U/lice ol fhe Cify Clerk . September 12, 1989 Sammis Properties 2650 Camino De1 Rio North #lo0 San Diego, CA 92108 .Enclosed for your records, please find a copy of the followillg Ordinance NS-83 , adopted by the Carlsbad City Council on Septemberti, 1989 . City Clerk IELr’l’t lr)lll-: (0 IY) 434~2UUU LR: lw hclosures ( 2) .