Loading...
HomeMy WebLinkAboutZC 301; Buena Vista Park Plaza; Zone Change (ZC)APPLICATION LANLJ Ubt PLAIXNIINIU UhhlCrtREQUEST 0Zone Change D Minor Redevelopment Permit 0General Plan Amendment D Precise Development Plan ETentative Tract Map HSpecific Plan DPlanned Unit Development SSite Development Plan DMajor Condominium Permit D Conditional Use Permit DMinor Condominium Permit DVariance DMaster Plan D Planning Commission Determination DMajor Condominium Conversion D Special Use Permit QMajor Redevelopment Permit DAdministrative Variance (check other boxes if appropriate) Complete Description of Project (attach ac Reauest to change General Plan a specific olan. Approval of a Jditional sheets if necessary) from TS,O,& OS to RM & OS; approval of lot tentative map & Phase I development of 300 apartment units and associated site Development »V rw)~ t^Jt/**t Location of Project South side highway 78 approx. ,5 mile east of El Camino Real Legal Description (complete)A portion of the Rancho Agua Hedionda, as delineated on record of survey map No. 5342, filed on January 26, 1960 in the Citv of Carlsbad Assessors Parcel Number Zone General Plan CT,RP,OS TS,O,OS Proposed Zone Proposed General Plan RDM, Q, OS RM,OS Owner Name (Print or Type) Herbert JohnsonMailing Address 431 So. Nevada Street City and State Zip Telephone Oceans ide, CA 92054 I CERTIFY THAT I AM A LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Dat# A&licBfdSn Kara Date Application Ftec'd f fceeived By / Staff Assigned Existing Land Use "AC ANT Site Acreage 96.8 Applicant Name (Print or Type) d^i^^^.c>f^isT^rr- <±^? AtS C^iTTA-Orr^. G&G Enterprises Inc. Mailing Address 2204 Garnet Avenue / City and State Zip Telephone y San Diego 92109 483-6252 I CERTIFY THAT I AM THE OWNER'S REPRESENTATIVE AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE / DATE Fee^Received^ 3fl$»e-0* Jteceipt No. ^%v^"^J?» 52»:?-i^^» 3 && 7&CaseNumoer^^ ^ If after the information you have submitted has been reviewed, it is determined Utat further information - s required, you will be so ac? sed. APPLICANT: AGENT: MEMBERS: rt&c Corporation(4&re f,IH-±Etffl\ 1 ^r-..^ , XlM^j. IMt-*W,-ll 1,-! N^V-l. ^VJ,M VU.WA1 Name (individual, partnership, joint venture, corporation, syndication) 2204 Garnet Avenue. San Diego CA 92109 Business Address (619) 483-6252 Telephone Number DEVELOPMENT CONSULTANTS CONSORTIUM Name P.O. Box 2143, Carlsbad CA 92008 Business Address (6191" 434-3135 Telephone Number P. Greenberg Name '(individual, partner, joint: venture, corporation, syndication) 2204 Garnet Avenue, San Diego CA 92109 Home Address Business Address Telephone Number G. Burs-bin Telephone lumber -Taraa Home Address 220.4 Garnet Avenue, San Diego, CA 92109 Business Address Telephone Nuaber Telephone Sustber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and may be' relied upon as being true and correct until amended. Applicant Agent, Cv.-r.er, Partner DISCLOSURE ADDENDUM G&G ENTERPRISES, INC. State of Incorporation - Nevada Date Articles Filed - 3/30/79 Corporation Number - 1853-79 STATEMENT OF AGREEMENT TENTATIVE SUBDIVISION MAP CITY OF CARLSBAD The Subdivision Map Act and the Carlsbad Municipal Code sets a fifty (50) day time restriction on Planning Commission processing of Tentative Maps and a thirty (30) day time limit for City Council action. These time limits can only be extended by the mutual concurrence of the applicant and the City. By accepting applications for Tentative Maps concurrently with applications for other approvals which are prerequisites to the map; i.e., Environmental Assessment, Environmental Impact Report, Condominium Plan, Planned Unit Development, etc., the fifty (50) day time limits and the thirty (30) day time limits are often exceeded. If you wish to have your application processed concurrently, this agreement must be signed by the applicant or his agent. If you choose not to sign the statement, the City will not accept your application for the Tentative Map until all prior necessary entitlements have been processed and approved. The undersigned understands that the processing time required by the City may exceed the time limits, therefore the undersigned agrees to extend the time limits for Planning Commission and City Council action and fully concurs with any extensions of time up to one year from the date the application was accepted as complete to properly review all of the applications. //tf 7 /te (PriName (Print) Relationship to Application (Property Owner-Agent) FORM: PLANNING 37, REVISED 3/80 CASE NO.: Z C. - APPLICANT: REQUEST: DATE RECEIVED; ENVIRONMENTAL EXEMPT OR EXCEPTED:_ Posted: Filed: (L^txMA-.^ft_ - j?C>& ( fau-gy Prix>r Corpliance:Published: Filed: NEGATIVE DECLARATION: Posted:Published: ENVIRONMENTAL IMPACT REPORT: Notice of Preparation: Notice of Completion: Notice of Determination: Notice of Determination: PLANNING COMMISSION 1. Date of Hearing: 2. Publication: 3. Notice to Property Owners: 4. Resolution No. (Continued to: 5. Appeal: Date:ACTION: CITY COUNCIL 1. Date of Hearing: 2. Notices to City Clerk: 3. Agenda Bill: H^Carlsbad Unified School Districtw 8O1 Pine Avenue, Carlsbad, California 92OO8 729-9291 "Excellence In Education" BOARD OF TRUSTEES J. EDWARD SWITZER, JR. President JULIANNE L NYGAARD Vice President JAMES McCORMICK Clerk JOE ANGEL Member JOHN J. MAMAUX Member DISTRICT ADMINISTRATION PHILIP GRIGNON, Ed.D. District Superintendent SUSAN-HARUMI BENTLEY Instructional Services DAVID WM. BATES, SR. Employee Relations JAMES M. STARK Comptroller RICHARD A SHALER Information Systems K.C. DUN LAP Facilities/Services February 6, 1984 Mr. Clarence Schlehuber, Chairperson, and Members of the Planning Commission City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Mr. Martin Orenyak, Building and Planning Director Reference: G & G Enterprises, Inc. Gentlemen: Our District has reviewed the proposed development of 300 residential apartment units located at Buena Vista Park and has evaluated the impact of that project on the facilities of this District. The Governing Board wishes to advise the city officials and residents of Carlsbad that, as residentail units are added to the community is is likely that many classes in the District will become crowded, resulting in possible impairment to the educational and transportational services offered to the students. It is also likely that school schedules may have to be changed, resulting in an increase in the year-round program, or double-sessions, or both. However, the District is able to assure you that school physical facilities will be available concurrent with need for this development as it is presently proposed. Sincerely, James Stark Comptroller ng APPLICATION SUBMITTAL DATE: FEBRr -RY 9, 1984 STAFF REPORT DATE: June 27, 1984 TO: Planning Commission FROM: Land Use Planning Office SUBJECT: GPA/LU 84-1/ZC-301/SP-192/CT 84-5/SDP 84-1 - BUENA VISTA PARK PLAZA - Request for approval of a general plan amendment changing the land use designation from 0/TS/OS to RM/OS; a zone change from R-P-Q/C-T-Q and 0-S to RD-M-Q and O-S; a specific plan; a tentative subdivision map to create nine lots; and a site development plan for the first 329 apartment units generally located on the south side of Highway 78, approximately .5 miles east of El Camino Real. I. RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution Nos. 2308, 2309, 2310, 2311 and 2312, DENYING GPA/LU 84-1, ZC-301, SP-192, CT 84-5 and SDP 84-1, based on the findings contained therein. II. PROJECT DESCRIPTION AND BACKGROUND The applicant is requesting approval of five discretionary actions for 96.8 acres, located as described above. The actions being requested are as follows: 1) An amendment to the Land Use Element of the General Plan from a combination district of Office (0) Travel Service (TS) and Open Space (OS) to a combination district of Residential Medium Density (RM) and Open Space (OS). 2) A zone change from Residential Professional with a Q overlay (R-P-Q)/Commercial Tourist with a Q overlay (CT-Q) to Residential Multiple Density RD-M-Q/Open Space (OS). 3) A Specific Plan; 4) A tentative subdivision map to create six developable lots and three open space lots; 5) A site development plan for Phase I construction, to develop 329 apartment units. The project site is currently vacant and covered by natural vegetation. As shown on attached Exhibit "A", the northern portion of the site contains the Buena Vista Creek, associated floodplain and riparian woodland. Adjoining land uses include the South Coast Asphalt Plant approximately 3/4 of a mile to the east and the Tanglewood condominium project to the southwest which is just beyond an open space easement. Highway 78 and the City of Oceanside border the site to the north. In December. 1982, the City Council certified an Environmental Impact Report and approved a general plan amendment for the subject property from RLM (Residential Low-Medium Density, 0-4 du's/ac) to a combination district comprised of 0 (Professional and Related Commercial), TS (Travel Service) and 0-S (Open Space). In. March 1983, a zone change and specific plan were approved implementing the land use designations. Access to the site would be derived from the easterly extension of Marron Road. Additional access possibilities include the extension of Rancho Del Oro to connect with Marron Road creating an interchange with Highway 78 or an overpass from Oceanside. Currently, Rancho Del Oro terminates in Oceanside, north of Highway 78. Another possibility is the extension of Marron Road east to College Boulevard, Marron Road currently terminates into Avenida De Anita* 111• ANALYSIS - GPA/LU 84-1 Planning Issues 1) Is the proposed land use the most appropriate for the site? Discussion Staff believes that the proposed RM designation is not the best land use for the subject property and sufficient justification, to support the amendment, has not been presented. It is staff's opinion that residential medium density, 4-10 du/ac, is not environmentally sensitive to the resources and constraints of the site, nor compatible with surrounding land uses. The current general plan designations were just recently found to be appropriate for the site. In approving the general plan amendment, rezoning and specific plan, the City Council found that all environmental impacts, associated with professional and tourist commercial uses, had been or could be mitigated. Finally, staff does not believe that substantial justification for the amendment has been presented. The applicant's primary justification for the change is that it would generate less traffic. While this is true, the recently completed SANDAG traffic model indicates that projected traffic volumes, from either the existing general plan or the proposed amendment with or without Rancho Del Oro, are well within design capacity. Staff believes that any proposed amendment must stand the test of substantial justification of benefit to the community. The state of California General Plan Guidelines indicate in reviewing proposals for general plan amendments, local officials should remember that the general plan is a policy document for the entire community and that it may only be amended in the public interest. In other words, the plan should only be amended when the city, with the support of a broad consensus, determines a change is necessary, not merely because a property owner desires the amendment . -2- The general plan is the City's most important tool in shaping the future and attaining the goals of the community. The plan should only be amended when substantial evidence has been presented to support the change as a benefit to the community. The City Council recently determined that the highest and best land use for the subject property was office and professional and travel service commercial. These uses were found to be appropriate, compatible and that all environmental concerns had been or would be mitigated. Staff finds no justification to support the amendment. An Environmental Impact Report, was prepared and certified in conjunction with the preceding general plan amendment to Professional and Travel Service commercial. The Environmental Impact Report identifies the riparian woodland habitat onsite as one of the best stands of habitat in the lowlands of San Diego County. In evaluating residential development as an alternative, the Environmental Impact Report also states that it ... "would pose impacts on the riparian areas. Use of recreational vehicles, presence of household pets, increased possibility of set fires, all combine as a different but potentially intense impact on this area". Staff believes that residential development, as proposed by the applicant, would not be compatible with surrounding land uses. As noted above, residential development would result in potentially significant impacts on riparian habitat. Projected noise impacts from Marron Road would require dwellings to be setback 80-100 feet from the roadway. Portions of the site are impacted by noise from Highway 78. Additional noise and visual impacts are present on portions of the site from the South Coast Asphalt Plant. During the last general plan amendment hearings for this site, both the Planning Commission and the City Council felt that noise impacts prevented this site from being suitable for residential use. The applicant is proposing to designate 37.25 acres RM 4-10 du's/ac and 59.43 acres open space, as indicated on Exhibit "X". Zoning of RD-M-Q and O-S would correspond to these areas and acreages. The proposed ratio of developable land to open space is consistent with existing general planning and zoning. The specific plan, however, indicates the applicant's intent to develop up to 966 units or up to 1207 units utilizing a 25 percent density bonus based on reserving those additional units for affordable housing. The applicant is proposing such a density bonus in the first phase. The resulting potential density would be a maximum of 25.9 du's/ac or up to 32.4 du's/ac with density bonuses. Land that has been designated on the general plan and by zoning as open space may not be included in calculating density. Property that is zoned open space would have no development rights to be transferred or clustered, as provided in the Planned Development Ordinance. The property would need the RH, Residential High Density (20-30 du's/ac), designation to achieve the density requested by the applicant in the specific plan. The requested RM designation would provide for a maximum of 372 dwelling units, or 465 units with a 25 percent density bonus. -3- It is staff's opinion that neither the RM or RH residential designations are appropriate for the reasons stated above. High density residential development, however, would heighten the potential impacts associated with residential development. Further, residential units, developed at a high density, may pose an additional area of incompatibility with adjoining residential units. Tanglewood, adjacent to the southeast is developed at 5.8 du's/ac; property to the east is designated RLM, 0-4 du's/ac. ZC-301, SP-192/CT 84-5/SDP 84-1 Staff is also recommending denial of the requested zone change, specific plan, tentative map and site development plan as they are not consistent with the existing general plan, and not appropriate for the site. IV ENVIRONMENTAL REVIEW The Land Use Planning Manager has determined that the environmental effects of this project, have already been considered in conjunction with previously certified environmental documents and, therefore, issued a notice of prior compliance on June 11, 1984. Attachments 1. Planning Commission Resolution Nos. 2308, 2309, 2310, 2311 and 2312. 2. Location Map 3. Background Data Sheet 4. Disclosure Form 5. Environmental Document 6. Exhibits "A", "X", and "Y", dated June 27, 1984 7. Exhibit "Z", Specific Plan CDNrad 6/13/84 -4- ..OCATION MAP \\ OCEANSIOE PLAZA CAMINO REAL SITE CT 84-5 SDP 84-1 SP-192 ZC-301 BUENA VISTA PARK PLAZA GPA/LU 84-1 BACKGROUND DATA SHEET CASE NO: GPA/LU 84-1/ZC-301/SP-192/CT 84-5/SDP 84-1 APPLICANT: G & G .ENTERPRISES REQUEST AND LOCATION: GPA from 0/TS/OS to RM/OS; a zone change from R-P-Q/C-T Q/O-S to RD-M-Q/O-S; a specif ic plan, a tentative subdivision map and a site development plan for 329 apartment units LEGAL DESCRIPTION: A portion of Rancho Aqua Hedipnda, as delineated on record of Survey Map No. 5342, filed in the Office of the County Recorder on January 26, 1960 APN; 167-040-24 Acres 96.8 Proposed No. of Lots/Units 9 GENERAL PLAN AND ZONING Land Use Designation (requested)RM Density Allowed 4-10 du's/ac Density Proposed 28 du's/ac Existing Zone R-P-Q/C-T-Q/O-S Proposed Zone RD-M-Q/0-S Surrounding Zoning and Land Use: Zoning Land Use Site R-P-Q/C-T-Q/O-S Vacant North Hwy 78 Hwy 78 South R-l-10,000/P-C Multi/SFRS East R-l-10 Vacant/South Coast Asphalt West R-l-10 Vacant/frulti PUBLIC FACILITIES School District Carlsbad Water Carlsbad Sewer Carlsbad EDU's Public Facilities Fee Agreement, dated October 16, 1982 ENVIRONMENTAL IMPACT ASSESSMENT Negative Declaration, issued E.I.R. Certified, dated Other, Notice of Prior Compliance, June 11, 1984 JF aft3r the information you have submitted has been reviewed, it is determined t-hat further information i-S required, you will be so ac* :jsed. APPLICANT: AGENT: MEMBERS: . TNrr TtoyaHa Corporation Name (individual, partnership, joint venture, corporation, syndication) 2204 Garnet Avenue. San Dieao CA 92109 Business Address (619J483-6252 Telephone Number DEVELOPMENT CONSULTANTS CONSORTIUM Name P.O. Box 2143, Carlsbad CA 92008 Business Address (619T 434-3135 Telephone Number D. Greenberg Name '(individual, partner, joint: venture, corporation, syndication) 2204 Garnet Avenue, San Diego CA 92109 Home Address Business Address Telephone Nuaber G. Burstin Telephone Number iiaae Home Address 220.4 Garnet Avenue, San Diego, CA 92109 Business Address Telephone Number Telephone Suraber (Attach more sheets if necessary) I/We declare under penalty of perjury that the information contained in this dis- closure is true and correct and that it will remain true and correct and niay be* rolled upon as being true and correct until amended. Applicant Agent, C-.vner, Partner DEVELOPMENTAL BL ___Jli 1200 ELM AVENUE SERVICES B^5^H CARLSBAD, CALIFORNIA 92008-1989 LAND USE PLANNING OFFICE WHl7-*^M (619) 438-5591 Citp of Carlsbab PUBLIC NOTICE OP PRIOR ENVIRONMENTAL COMPLIANCE Please Take Notice: The Land Use Planning Office 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: Buena Vista Park Plaza. Project Location: South side of Highway 78, approximately .5 miles east of El Camino Real. Project Description: General Plan Amendment from 0/TS/OS (Professional/Travel Service Commercial/Open Space) to RM/OS (Residential Medium Density, 4-10 du's/ac/Cpen Space); a Zone Change from R-P-Q/C-T-Q/O-S, (Residential-Professional and Commercial Tourist with Qualified Overlay zones and Open Space) to RD-M-O/O-S (Residential Density Multiple with a Qualified Overlay zone and Open Space); a Specific Plan; a Tentative Map to create 9 lots and a Site Development Plan for 329 apartment units. Justification for this determination is on file in the Land Use Planning Office, City Hall, 1200 Elm Avenue, Carlsbad, CA. Comments from the public are invited. Please submit comments in writing to the Land Use Planning Office within ten (10) days of date of publication. Dated: June 11, 1984 HC Case No: GPA/LU 84-1/ZC-301/ Land Use Planning Manager SP-192/CT 84-5/SDP 84-1 Applicant: G & G Enterprises Publish Date: June 16, 1984 EXHIBIT A 6-27-84 OCBANSIOE PLAZA CAMINO RIAL SITE CT 84-5 SDP 84-1 SP-192 ZC-301 BUENA VISTA PARK PLAZA GPA/LU 84-1 EXISTING EXHIBIT X 6-27-84 OS-OPEN SPACE O-PROFESSIONAL TS-TRAVEL SERVICES COMBINATION DISTRICT (T8/O/OS) COMBINATION DISTRICT (T8/0/OS) £ RLM PROPOSED II RM-RESIDENTIAL-MED GENERAL PLAN EXISTING EXHIBIT Y 6-27-84 ll (Q)-QUALIFIED OVERLAY ZONE RP-RESIDENTIAL PROFESSIONAL CT-COMMERCIAL TOURIST OS-OPEN SPACE R-1-10 PROPOSED li RD-M-RESIDENTIAL DENSITY MULTIPLE ZONING EXHIBIT Z EUENA VISTA SPECIFIC PLAN PREPARED BY: Development Consultants Consortium March 30, 1984 REVISION 1: April 9 REVISION 2: April 18 _ ... PURPOSE The purpose of the Buena Vista Specific Plan is to provide for a residential apartment/condominium development that is sensitive to the adjacent Buena Vista Creek, the existing riparian habitat, arid compatible with surrounding land uses. The Specific Plan is a tool to implement the goals and objectives of the City of Carlsbad General Plan. The Open Space and Conservation Elements of the General Plan indicate the City's desire to preserve creek and riparian areas in a natural condition. This Specific Plan provides the additional development regulations necessary to insure a quality development that preserves the riparian habitat, minimizes the effects of development on the Buena Vista Creek and Lagoon, and is visually attractive from Highway 78 and surrounding properties. PROPERTY DESCRIPTION AND LOCATION The Buena Vista project is located on 96.68 acres in the City of Carlsbad •5 on the south side of Highway 78 between the ead't and west cul-de-sacs of Haymar Drive. Figure One indicates the property's location. The property is specifically identified by the San Diego County Assessor as Parcel Number 167-040-24. The property includes the wide valley bottom of the Buena Vista Creek and is generally bounded by Highway 78 and the hillsides to the south. -1- BUENA VISTA Oceansid Carlsbad Location Map FIGURE 1 - --. GENERAL PLAN AND ZONING DESIGNATIONS The General Plan designation for the subject property is a combination district that contains Open Sprre find Residential RK (4-10 DU/AO) . This Specific Plan determines the location and area of those designations. The Circulation Element includes Marron Road as a. secondary arterial with an 84-foot right-of-way running east/west through the Specific Plan. This plan also allows the flexibility to connect the Rancho del Oro interchange at Highway 78 with Marron Road by an 84-foot road if the Circulation Element is amended to reflect that change. The zoning classification for the creek and riparian habitat is Open Space (0-S). The RDM Zone will "cover the developable portion of the property. Figure Two indicates the General Plan and zoning designations. Each of these zones needs additional standards due to the unique features of the property and the City zoning ordinance. For instance, while the Open Space zone would conserve the valley bottom, the zone could allow a certain amount of development for such buildings as club houses, riding stables or other outdoor recreational uses. The RDM zone allows residential uses. The Specific Plan further regulates the land uses and development standards to provide a development more consistent with the City's goals. GENERAL DEVELOPMENT CONCEPT The Specific Plan identifies and defines the land uses that will be permitted on the property in accordance with the General Plan and Zoning regulations. It provides standards and criteria for residential development and a management plan for the preservation of the riparian habitat. -2- BUENA "VISTA GENERAL PLAN & ZONE DESIGNATION Combination District RM/OS / GENERAL PLAN Combination District RM/OS ZONING o-s RDM Open Space Residential 1":500* FIGURE 2 Landscaping criteria, signs, setbacks, height, parking regulations and project phasing are all addressed within the context of the Specific Plan. CIRCULATION AND PHASING The existing circulation network for the subject property consists of the Haymar Road cul-de-sac at the northwest corner of the property. Due to the existing congestion on El Camino Real at the freeway interchange, Haymar Road is not feasible to use as an access. Haymar Road remains as a cul-de-sac at the edge of the riparian habitat on the Specific Plan. The City's Circulation Element indicates Marron Road will run east-west across the property connecting El Camino Real with College Boulevard. The easterly connection probably will not occur until some time in the future. Marron Road will connect the property to El Camino Real for the first two phases of the project. Phases three and four will require either the Rancho del Oro connection or the easterly Marron Road connection to College Blvd. The Specific Plan will be developed in four phases. Each phase is dependent on the completion of street and other public improvements required to service the proposed land uses in that phase by the developer. Phase One and Two Improvements: 1. Prior to any occupance of phase one or two, the developer shall fully improve Marron Road from the existing stub at Avenida Anita to the end of the proposed cul-de-sac. 2. Prior to any occupancy in Phase one or two, the developer shall construct a raised median on Marron Road between El Camino Real and the most -3- easterly driveways of the commercial area just east of El Camino Real (Vons and Handyman Centers) in a manner acceptable to the City Engineer. 3. Prior to any occupancy in Phase one or two, the developer shall improve the intersection of Marron Road and El Camino Real by providing a right-turn and left-turn land on Marron Road to the satisfaction of the City Engineer. Phase Three and Four Improvements: 1. The appropriate alternative out of the following three alternatives will be implemented regarding circulation for phase three and four, a. If the City's Circulation Element is amended to include Rancho del Oro, and the interchange with ramps is approved at the intersection of Highway 78 and Rancho del Oro Drive by Cal Trans, the developer shall fully improve Rancho del Oro to secondary arterial standards from Marron Road, north to Highway 78, including freeway ramps, prior to occupancy of phase three or four. Public transportation funds may also be utilized by the developer, if available. Under this alternative, Area A can be developed subject to a Specific Plan Amendment and pursuant to the Commercial Tourist Zone. Access to Area A must be determined to be non-hazardous by the City Engineer or no development can occur and Area A would remain as open space.* *Currently no alignments for Rancho de Oro Drive or the interchange ramps at Highway 78 have been established. As a result, the feasibility of developing Area A is not known. Development of this area could result in a hazardous traffic problem. No vested development rights for Area A are established by this plan. The burden of proof lies with the developer to prove to the City Engineer's satisfaction that Area A can be safely accessed before a site development plan can be submitted for this area. If access is not approved by the City Engineer, this area will remain as open space. -4- b. If the Rancho del Oro/Highway 78 interchange is approved, but the City's Circulation Element is not amended to include Rancho del Oro Drive, the developer may construct a local street connection from Rancho del Oro Drive at Highway 78, including ramp construction, southward ending in a cul-de-sac to the north of Marron Road, to service Area A. Under this alternative, Area A may be developed as Commercial Tourist (C-T) uses subject to a Specific Plan Amendment. Access to Area A must be determined to be non-hazardous by the City Engineer or no development can occur with Area A remaining as open space.* c. If Cal Trans fails to approve the interchange at Highway 78 to Marron Road through Rancho del Oro Drive, no development may occur in Area A. In addition, prior to occupancy of phase three and four, the construction Marrod Road at a minimum two-land (28 feet of pavement, 30 feet of right-of-way) street improvements to College Boulevard will be required. No development will occur in phase three and four until one of these three alternatives is implemented. The improvements required to implement these alternatives shall be installed prior to occupancy being granted to any development in phase three and four. PERMITTED USES Phases one, two, three, and four are designated residential multi-family units under the RDM zone. A total of 966 units may be permitted on the property subject to site plan review and approval. The developer may elect to pursue a density increase of usp to 1207 rental units subject to site plan -5- PHASING SCALE 1--400 review and approval and the approval of a request for density increase as provided in Government Code Section 65915 and Policy V, Action V-l and V-2 of the City's Housing Element. This request would permit a density bonus of up to 25% in return for the reservation of the additional units permitted for affordable housing. The developer may elect to pursue rental units and the density bonus for a portion of, or all of, the property, subject to City reviews and approvals. OPEN SPACE Three open space designations are proposed in the Specific Plan due to the nature of the areas to remain open. Each area has a unique situation requiring a different set of standards. Riparian Preserve This 29 acre area is the most significant of the open space categories. The designation is intended to preserve the existing woodland habitat in the valley bottom. No development will be permitted, and the area will remain in a natural condition. The preserve will function as a natural desilting basin for the lagoon and, as such, needs not only to be left in a natural state, but also needs the protection described in the Buena Vista Creek management plan. Natural Slopes Due to the topography of the Specific Plan area, certain portions of the site are not feasible to develop and will remain in a natural condition. To provide harmony between the building sites and the natural slopes, a buffer area of non-indigenous plants on the natural slope may be landscaped for -6- erosion control and fire prevention measures. This buffer area will be determined by the landscape architect based on soil and slope conditions at each specific location and approved by the Parks and Recreation Director. The natural slope areas occur along the hillside south of Marron Road. There are 17.43 acres of slopes to remain in a natural or buffered condition. Transitional Slope Landscaping Because of the grading that will occur adjacent to the creek and hillside areas, the Specific Plan provides for transitional landscaping of the graded slopes from the woodland and hillside habitats to the ornamental landscaping of the building sites. Species of trees, shrubs and ground cover will be selected that are compatible with woodland and hillside habitat. There are 3.93 acres of transition slopes throughout the project. This land use category will be coordinated with the management plan to protect the woodland and hillside areas. Erosion control techniques in the Buena Vista Creek management plan are an integral part of this land use category. These techniques will be implemented on the transitional slopes when construction occurs on the development areas adjacent to them. The landscaping plan for each of the development areas shall address the adjacent slopes. To insure a quality development of the Specific Plan, the following development standards shall apply to all development within the plan. The standards are designed to accomplish an office and hotel development in a park atmosphere. Front setbacks are larger than normal and landscaped. Signs are limited to enhance the park atmosphere, but provide for easy location of business in the Specific Plan. The development standards apply to all buildings within the Specific Plan. In addition, all development shall comply with other applicable codes -7- and ordinances of the City of Carlsbad. Minor deviation or interpretation of the Specific Plan may be made by the Land Use Planning Manager so long as the intent of the Specific Plan is adhered to. The Land Use Planning Manager's decisions may be appealed or referred to the Planning Commission for Clarification. DEVELOPMENT STANDARDS SITE DEVELOPMENT PLAN The underlying zoning contains the Qualified-Overlay Zone (Q) which requires a site development plan. The site development plan will be required for each phase (one, two, three, four), or if the property is further subdivided or phased, for each separate property or phase. All site development plans shall conform to a uniform, harmonious architectural theme approved by the Land Use Planning Manager upon the submittal of the first site development plan in the Specific Plan area. SETBACKS All buildings shall maintain a 20-foot setback from Marron Road and Rancho del Oro Drive. Setbacks on all other streets shall maintain a 15-foot average with a 1-0-foot minimum. Parking areas are allowed in the front setback, provided a 10-foot landscaped setback is maintained from the public right-of-way. This landscaped setback shall contain mounds and other landscape features to screen the parking areas from view on the adjacent public street. Nothing shall be allowed in this front setback except -8- landscaping, driveways and approved signs. Buildings setbacks from open parking areas shall not be less than five feet. PARKING A. Condominiums Resident Parking. All units must have at least two full-sized residential parking spaces, one of which must be covered, except for studio units which shall be provided with a ratio of 1.5 parking spaces per unit, for which one space per unit shall be covered. In cases where a fractional parking space is required, the required number of spaces shall be rounded to the nearest highest whole number. 1. Visitor parking shall be provided as follows: No. of Units Amount of Visitor Parking 10 dwelling units or less 1 space for each 2 dwelling units or fraction thereof. Greater than 10 dwelling 5 spaces for the first 10 units, plus units. 1 space for each 4 dwelling units above 10 or fraction thereof. B. Apartments Studio and one bedroom 1.50 spaces/unit Two bedroom 1.75 spaces/unit Three bedroom 2.00 spaces/unit Twenty percent of the visitor parking spaces may be provided as tandem parking if the garages are setback at least 20 feet from the front property line, or in the case where no individual property lines are present, then at least 20 feet from the edge of the street pavement or sidewalk, whichever is closest to the structure; 2. Up to 40 percent of the visitor parking may be provided as compact spaces (8 feet x 15 feet). This ratio shall be increased to 45 percent on -9- January 1, 1983, to 50 percent on January 1, 1984 and to 55 percent on January 1, 1985. 3. Screening of Parking Areas. All open parking areas consisting of five or more spaces shall be screened from adjacent residences and public right-of-ways by either a view obscuring wall or landscaping -subject to the approval of the Planning Director. USABLE RECREATIONAL SPACE 1. Open space areas designed for recreational use shall be provided for all residential developments based on the standards of either subsection (a) or (b) as follows: A. 200 square feet per unit or; B. Recreational space based on the following table: Total Recreation Active Recreation No. of Units Space Per Unit Space Per Unit 30 or less 150 sq. ft. 75 sq. ft. 31 to 50 150 sq. ft. 50 sq. ft. 51 to 100 125 sq. ft. 50 sq. ft. 100 or more 125 sq. ft. 25 sq. ft. The active recreation space requirement shall be included in the total recreation space requirement. Active recreational facilities include, but are not limited to the following: i. Spa ii. Sauna iii. Cabana (including restroom facilities) iv. Swimming Pool v. Tennis Court vi. Shuffleboard Court vii. Racquetball Court viii. Recreation Room or Building with any two or the following items: aa. Card Room bb. TV Room -10- cc. Weightlifting/Exercise Room dd. * Restrooms ee. Lounging Area ff. Ping Pong Table gg. Pool Table hh. Kitchen Facilities ii. ' Wet Bar Other uses may be considered to be active facilities if -approved by the Planning Commission. The following items are considered passive recreational facilities, but may be counted towards meeting one half the active recreation facilities requirement if the Planning Commission finds that they are secondary to and adjacent to the active facilities. It is the intent of this section that such passive facilities are an integral and compatible part of the active facilities: i. Benches ii. Barbeques iii. Restrooms iv. Sun Decks (excluding lawn areas) v. Childrens' Play Area vi. Horse Shoe Pits 2. The minimum lineal dimension of a usable open/recreational space shall be at least ten feet, except balconies used for open recreation may qualify provided its minimum lineal dimension is six feet. 3. To count towards satisfying recreational requirements, private yards shall have a minimum dimension of 15 feet with a slope not greater than 15 percent. 4. Credit for common indoor recreation facilities shall not exceed 50 percent of the required recreation area. 5. Credit for recreation requirements may be given on an equal ratio up to 50 percent of the requirements for the preservationof significant natural areas, or other features deemed worthy of preservation by the Planning Commission or City Council. -11- LIGHTING Lighting adequate for pedestrian and vehicular safety and sufficient to minimize security problems shall be provided. UTILITIES For condominiums, there shall be separate utility systems for each unit. MECHANICAL EQUIPMENT Roof-mounted mechanical equipment (including, but not limited to, air conditioners, ducts, piping, heating or ventilating equipment) shall be screened from view from the freeway, adjacent streets, and from nearby properties. REFUSE COLLECTION AREAS All outdoor refuse collection areas shall be completely enclosed by a decorative block wall six feet in height with wood or metal gates. Trash enclosures shall be screened from the public right-of-way. LANDSCAPING 1. Each phase within the Specific Plan shall be landscaped with a combination of trees, shrubs and ground cover, and shall be permanently irrigated in conjunction with a landscape plan to be approved by the Director of Parks and Recreation. -13- BUILDING HEIGHT All buildings shall be limited to 35 feet in height. STORAGE No outdoor storage shall be permitted within the boundaries of the Specific Flan. SIGNS A sign program for the Specific Plan shall be approved by the Land Use Planning Manager to insure all signs are related to their surroundings in terms of size, shape, color, material, and lighting. The following type of signs are permitted within the Specific Plan: 1. One monument sign for each phase not to exceed 20 square feet and a maximum length of 5 feet and height of 4 feet. 2. All other signs will be approved at the time of approval for the site development plans. BUENA VISTA CREEK MANAGEMENT PLAN The Riparian Preserve classification on the Specific Plan is proposed to remain in a natural condition in order to function as a sediment absorbing basin for the Buena Vista Lagoon. The preserve area is designated for the Buena Vista Creek and adjacentd riparian habitat. To protect this riparian habitat, the following management plan is proposed for the Specific Plan. -14- The management plan has one objective to minimize alteration of the riparian habitat. To accomplish that objective, the plan deals with two issues: (1) creekbed ownership, and (2) erosion control plan. OWNERSHIP The preserve area will remain in private ownership and an open space easement will be granted to the City of Carlsbad. EROSION CONTROL PLAN To protect the Riparian Preserve, a comprehensive erosion and sedimentation control program shall be implemented by the developer during construction. Watershed management techniques and other appropriate measures listed in the Erosion and Sediment Control Handbook of the California Department of Conservation were used in developing the following erosion control plan. A detailed program will be submitted to the City Engineer and the Land Use Planning Manager by the developer to implement the following measures listed in this plan prior to grading. VEGETATION Protection of Existing Vegetation The existing riparian woodland habitat shall remain in its existing condition. Fill slopes and their compaction will respect the root zone of the existing willows in the valley bottom. The landscape architect and engineer -15- shall determine .the extent of the zone and design of grading plan to reflect that area. Removal of Existing Vegetation Construction of the Rancho del Oro bridge across the Buena Vista Creek will require removal of the existing vegetation in the immediate vicinity of the bridge. To insure the valley bottom is restored to a condition that will support rehabilitation, the following steps shall be taken. Construction of the bridge shall occur during the nonrainy season. The bridge shall be constructed to allow the maximum amount of light to penetrate the area beneath the structure subject to approval of the City Engineer and Land Use Planning Manager. Construction plans for the bridge shall address type of pilings, the area of vegetation to be removed, and type of equipment to be used during construction. Upon completion of the bridge, the siltation devices shall be removed, along with trapped sediments, and the valley bottom restored to a condition conducive to revegetation. Establishment of New Vegetation Transitional slopes will be hydroseeded and permanently irrigated. Seed mixture, ground preparation, type of quality of mulch and fertilizer shall be addressed in the landscaping plans and specifications, and shall be implemented to the satisfaction of the Parks and Recreation Director. Grading Plan An overall conceptual grading plan shall be prepared by the developer prior to the issuance of a grading permit. The plan shall address cut-and-fill slopes, their location and size and ability to support -16- all buildings in-, the Specific Plan. Final project grading and drainage facilities shall be reviewed by a licensed soils engineer. Drainage, Erosion and Water Quality The comprehensive erosion control program listed in the management plan shall be implemented by the developer. Bridge construction for Rancho del Oro Drive across the Buena Vista Creek should be conducted during nonrainy seasons. The drainage improvement plan for the Specific Plan area shall consider onsite infiltration as well as infiltration and storage facilities in the collection system. A parking lot cleaning program shall be implemented by the developer or business association to minimize pollutant runoff. Archaeological Resources The Specific Plan places the following archaeological sites in an Open Space category: W-3252, W-3252, W-3253, and SDI 8913. Sites SDI 6139, SDI 8914, and SDI 5651 will be subject to a data recovery program listed in the EIR. Visual Resources The Specific Plan requires special landscaping features in the transitional slopes designation to mitigate any visual impacts occurring from manufactured slopes. -18- Air Quality During construction, water and other dust palliatives shall be used. The business association shall develop a program to encourage ride-sharing and alternative modes of transportation. The program should also consider phasing of work shifts and parking incentives for car pools. Water and Energy While adequate water facilities exist, the project should implement available water conservation techniques, including low-flush and self-closing valves on water devices, recirculating systems, low water consuming plants, and pervious paving materials. Energy conservation measures should be explored for their effectiveness on the project site including active and passing solar and insulation. -19- 6. Required recreation areas shall not be situated in any required front yard, unless the Planning Commission or City Council finds it to be an integrated feature of the project and that it will not create a disruptive element to the' neighborhood. 7. Specifically excluded from meeting the usable open/-recreational space requirement are driveways, parking areas, pedestrian walkways, landscaped areas within five feet of a dwelling unit, storage area, fenced areas whih are inaccessible to residents, and any other area .deemed not to be primarily used for open/recreational purposes by the Planning Commission or City Council. STREETS 1. Private streets may be permitted within a planned unit development provided their width and geometric design are related to the function, topography and needs of the development, and their structural design, pavement and construction comply with the requirement of the city's street improvement standards. The Planning Commission and City Council, shall determine the width of private streets which shall in no event be less than the minimum standards of this section. Pavement widths between curbs of private streets shall be not less than the following: Type of Street Minimum Width 2 lanes, no parking 26 feet 2 lanes, parking on one side 32 feet 2 lanes, parking on both sides 36 feet 2. A private driveway is a private street serving 20 or less dwelling units. Private driveways may have a curb to curb width of 24 feet, however, no parking is allowed on the driveway. -12-