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HomeMy WebLinkAbout2007-12-04; City Council; Resolution 2007-3031 RESOLUTION NO. 2007-303 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING PROGRAM 3 ENVIRONMENTAL IMPACT REPORT, EIR 05-05, 4 APPROVING THE CANDIDATE FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND 5 A MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVING GENERAL PLAN 6 AMENDMENT GPA 05-04, LOCAL COASTAL PROGRAM AMENDMENT LCPA 05-01, AND DISCUSSION ITEM Dl 7 05-01 FOR THE PONTO BEACHFRONT VILLAGE VISION PLAN FOR THE AREA GENERALLY LOCATED BETWEEN 8 CARLSBAD BOULEVARD AND SAN DIEGO NORTHERN RAILROAD, NORTH OF BATIQUITOS LAGOON AND SOUTH OF PONTO ROAD. 10 CASE NAME: PONTO BEACHFRONT VILLAGE VISION PLAN 11 CASE NO.: EIR 05-05/GPA 05-04/LCPA 05-01/DI 05-01 12 WHEREAS, pursuant to the provisions of the Municipal Code, the 13 Planning Commission did, on September 5th and 19th, 2007, hold a duly noticed public 14 hearing as prescribed by law to consider certification of Environmental Impact Report (EIR 05-05), General Plan Amendment (GPA 05-04), Local Coastal Program 16 Amendment (LCPA 05-01) and Discussion Item (Dl 05-01); and 17 WHEREAS, the City Council of the City of Carlsbad, on the 13th day of 18 November, 2007, held a duly noticed public hearing to consider said Environmental 2Q Impact Report, General Plan Amendment, Local Coastal Program Amendment, and 21 Discussion Item and at that time received recommendations, objections, protests, 22 comments of all persons interested in or opposed to EIR 05-05, GPA 05-04, LCPA 05- 23 01, and Dl 05-01. 24 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of 25 the City of Carlsbad as follows: 26 1. That the above recitations are true and correct. 27 2. That the recommendation of the Planning Commission for the 28 CERTIFICATION of EIR 05-05 and ADOPTION of the Candidate Findings of Fact, a 1 Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program and APPROVAL of GPA 05-04 is hereby accepted, approved in concept and shall 2 be included in the third General Plan Amendment of 2007, and LCPA 05-01 and Dl 05-01 is APPROVED by the City Council and that the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6338, 6339, 6340, and 4 6341 on file with the City Clerk and made a part hereof by reference are the findings and conditions of the City Council with the following amendments and/or additions to 5 said conditions: 6 a. Mitigation Measure T-1 of the Final Environmental Impact Report for said project shall be revised to read as follows: 7 "T-1: Impacts to the affected intersection shall be mitigated by 8 implementation of the following improvements: 9 La Costa Avenue / Vulcan Avenue: Install traffic signal with La Costa widening to facilitate intersection improvements. 10 Prior to the issuance of a building permit, developers within the Ponto Area shall pay a pro-rata fair share contribution to the La Costa Avenue/Vulcan 11 Avenue improvement. The pro-rata fair share contribution shall be paid to 12 the City of Carlsbad City Engineer prior to the issuance of building permits. The pro-rata fair share contribution may be adjusted by the City of Carlsbad 13 to reflect any changes in estimated construction and land costs (as described in Appendix G-2). The City of Carlsbad will retain the Ponto 14 developers' allocated pro-rata fair share contribution until the City of Encinitas is required to collect said contributions. Developers with existing 15 ADT credits within their Ponto property will be given offsets against their projected ADT's. This intersection is located within the jurisdiction of the City of Encinitas and 17 the improvements to this intersection are already required mitigation as part of the City of Encinitas adopted North 101 Corridor Specific Plan and have 18 been included in the City of Encinitas Capital Improvement Program (CIP). Future developers within the Ponto Beachfront Village shall be required to 19 make a proportionate fair share contribution towards the improvements listed in Mitigation Measure T-1. 20 Based on cost estimates from the City of Carlsbad, the proposed road 21 improvements associated with improving La Costa Avenue from Highway 101 through Vulcan Avenue, including the La Costa Avenue/Highway 101 22 and La Costa AvenueA/ulcan Avenue intersections, would cost approximately $7,352,505. This dollar amount is an estimate based on 23 current information. Annual adjustments shall be made as described in Appendix G-2. Calculations for the cost estimate are provided in Appendix 24 G-2. As shown in Figures 5.6-8 and 5.6-9 the project would contribute 5,003 ADT to this intersection. The future development within the Vision Plan area 25 shall contribute 27 percent (5,003 ADT/18,300 ADT = 27%) of the total cost, 26 or $1,985,176 ($7,352,505 x 0.27 = $1,985,176). This amount would be divided up among the future developments within the Ponto Beachfront 27 28 -2- 1 Village Vision Plan area based on the traffic they contribute to the intersection." 2 b. The following development guidelines as recommended by the Planning 3 Commission in Planning Commission Resolution No. 6338 are not 4 approved by the City Council and shall not be added to the Ponto Beachfront Village Vision Plan: 5 "2b. Parking Garages shall be underground unless proven to be 6 technically or financially infeasible." "2g. Any hotel on the southernmost Resort Hotel Character Area parcel 7 shall incorporate an ocean view restaurant." 8 c. The following development guideline as recommended by the Planning 9 Commission in Planning Commission Resolution No.6341, Condition 2h shall be amended to read as follows: 10 "The Character Areas within the Ponto Beachfront Village Vision Plan 11 shall be revised to reflect the enhanced structural setback of generally 75 feet from the southerly bluff edge as referred to in the "Increased 12 Recreational Amenities/Green Space Alternative (Figure 6.6)" of the Ponto Beachfront Village Vision Plan Final Environmental Impact Report with 13 the inclusion of a 10 to 12 foot public trail, and with approval of the precise structural setback to be determined with approval of future development permits." d The following amendment is approved to the permitted accessory uses 16 language for the Beachfront Resort within the Ponto Beachfront Village Vision Plan to read as follows: 17 "Accessory uses developed as an integral part of the hotel to serve hotel 18 guests, but accessible to the public, and generally small in scale (ie., less than 2500 to 3000 square feet per accessory use), such as apparel and accessories, beauty and barber shops, dry cleaning, laundry pickup 20 service only, florist, novelty and/or souvenir store, travel agency." 21 e. The Introduction Section (Chapter 1) of the Ponto Beachfront Village Vision Plan shall be amended to read as follows: 22 "CHAPTER 1: INTRODUCTION 23 SECTION 1.1: INTENT & BACKGROUND 24 The Ponto Beachfront Village Vision Plan is intended to provide 2$ guidance for development of the Ponto area, as directed by the 26 City of Carlsbad's General Plan and the South Carlsbad Coastal Redevelopment Area Project Redevelopment Plan. The Plan sets 27 forth a Vision of what Ponto could be; presents goals and objectives that support the Vision; and provides an implementation 28 -3- 1 strategy and design guidelines for the projects that will implement the Vision. 2 The Vision Plan is intended for use by prospective developers and 3 their consultants, City of Carlsbad staff, and those performing design review on individual projects. The conceptual site plan contains a level of detail necessary to visually depict the desired 5 land uses, circulation, and major design components; however, it is recognized that actual development site plans will change, which is 6 acceptable if the goals and objectives of the Vision Plan are still achieved. 7 PROJECT GOALS & OBJECTIVES 8 The City recognizes the importance of the Ponto area relative to 9 the City of Carlsbad. Its prime coastal location at the City's south edge, across from a State Park beach campground and near new 10 single-family neighborhoods, offers the opportunity for the Ponto 11 area to become an integral and vibrant part of Carlsbad, providing amenities for both tourists and City residents. 12 The City's Goals and Objectives for the Ponto Beachfront Village 13 Vision Plan are: 14 o Establish the Southern Coastal Gateway to the City. 15 o Accommodate a balanced and cohesive mix of local and tourist serving commercial, medium- and high-density residential, 16 mixed use, live/work, and open space land use opportunities that are economically viable and support the implementation of 17 these goals. ^ o Provide site design guidelines that require street scenes and 19 site plans to respect pedestrian scale and express a cohesive and high-quality architectural theme. 20 o Establish a pattern of pedestrian and bicycle accessibility that 2i links the planning areas internally as well as with adjacent existing and planned pedestrian and bicycle facilities. 22 o Provide expanded beach access. 23 o Establish a mixed use district that encourages local and tourist- 24 oriented retail, commercial, recreational and residential uses. 25 o Require landscape architecture that celebrates the historic past and horticultural heritage of the City. o Assure that public facilities and services meet the requirements of the Growth Management Plan. 28 -4- 1 o Conform with the General Plan, Amended Zone 9 and 22 Local Facilities Management Plans (LFMP), applicable City ordinances, 2 regulations and policies 3 STUDY AREA 4 The Ponto study area is an approximately 130-acre relatively narrow strip of land, approximately 1/8 mile wide and 1-1/2 miles long, located between Carlsbad Boulevard and tracks for the San Diego Northern g Railroad. Portions of the Plan area extend north to Poinsettia Lane and south to La Costa Avenue. For purposes of this Ponto Beachfront Village 7 Vision Plan, however, the area considered viable for future development is much smaller. It consists of approximately 50 acres, with its northern 8 limit at Ponto Drive and its southern limit at the Batiquitos Lagoon (Figure 1.1). GENERAL PLAN10 The City of Carlsbad General Plan identifies Ponto as an area with special considerations and directs its development to be consistent with the goals, , ~ objectives and guidelines set forth within the Ponto Vision and Land Use Strategy Plan (the Plan). Submittal of a Site Development Plan and other 13 applicable discretionary permit applications are required, which will include review for consistency with the intent of this Ponto Beachfront 14 Village Vision Plan and its Design Guidelines. The Plan's Design Guidelines supplement and are subject to existing regulatory controls, 15 including the zoning standards adopted by the City of Carlsbad. The site plans are all illustrative and set forth guidelines and a vision. If the actual 16 site plan for a specific development achieves the goals, objectives, . 7 guidelines and intent of the Vision Plan, it shall be consistent with this ' Plan. 18 REDEVELOPMENT AREA PLAN 19 As seen in Figure 1.2, a portion of the Ponto study area is within the 20 South Carlsbad Coastal Redevelopment Area (SCCRA), which was established in July 2000. The SCCRA Redevelopment Plan gives the 21 Carlsbad Housing and Redevelopment Commission the legal authority to use various powers to achieve the Redevelopment Plan's goals and 22 objectives. 23 A complete list of the original twelve goals for the Redevelopment Plan is found in Appendix 1-A of this document; however, the overall intent can be summarized as follows: 25 o Strengthen and stimulate the economic base of\ o Enhance commercial and recreation functions 27 o Increase amenities to benefit the public 28 -5- 1 o Increase and improve the affordable housing supply 2 o Assure quality design in the area's development 3 Development of the Ponto Beachfront Village Vision Plan is the first step toward achieving the Redevelopment Area's overall intent.4 PLAN ORGANIZATION This Ponto Beachfront Vision Plan is organized into the following chapters: 7 Chapter 1: Introduction Q This Chapter provides an overview of the Plan, including intent and 9 purpose, Plan goals and objectives, background information on study area conditions, the planning process and public outreach 10 activities, and how this Plan fits within the City of Carlsbad's regulatory environment. 11 Chapter 2: Ponto Vision 12 This Chapter defines the Vision for the Ponto area and presents 13 the subarea land use themes, circulation patterns for vehicles, pedestrians, and bicycles, parking, streetscape and gateways, and desired Plan amenities. The site plans, including the specific land 15 uses and development design, set forth within the Plan are illustrative and are provided as an example as to how the Vision for 16 the area may be achieved. Alternate site plans may be consistent with the Plan if the goals and objectives and general intent of the 17 Vision for the area are achieved. 18 Chapter3: Design Guidelines 19 Design guidelines are provided for the subarea types: resort/hotel; mixed use/commercial; townhouse neighborhood and live/work 20 areas. The guidelines address site planning factors, parking and 21 circulation, architecture, landscaping, signage and public spaces/amenities. 22 Chapter 4: Implementation Program 23 This Chapter details the permit and entitlement process to develop 24 individual properties within the Plan area and describes the general process phasing to implement various components of the Plan." 25 26 3 The Housing and Redevelopment Director and/or Planning Director are hereby directed to make the amendments to the appropriate 27 documents as set forth above. 28 -6- 1 The Planning Director is directed to file the Notice of Determination for2 said project, without undue delay. 3 This action shall not become final until the Local Coastal Program 4 Amendment (LCPA 05-01) is approved by the California Coastal Commission and the California Coastal Commission's approval 5 becomes effective. The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial Review" shall apply: 6 "NOTICE TO APPLICANT" 8 The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, 9 which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper 10 seeking review must be filed in the appropriate court not later than the nineteenth day following the date on which this decision 11 becomes final; however, if within ten days after the decision becomes final a request for the record of the deposit in an amount sufficient to cover the estimated cost or preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the 14 record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the 15 preparation of the record of the proceedings shall be filed with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, 16 CA. 92008." 17 //// 18 //// 19 20 21 22 23 24 //// 25 //// 26 //// 27 //// 28 -7- 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 4tb day of December , 2007, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. Mayor ATTEST: L$RRAIN£ V- WOOD/CJ/ u O =o SEAL) -8-