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1988-006 Rezone 87-125 ECRRESOLUTION NO. 88-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS APPROVING REZONE APPLICATION 87-125 REZ FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF EL CAMINO REAL AND THE WESTERLY EXTENSION OF GARDEN VIEW ROAD WHEREAS, the City of Encinitas applied for approval of Rezone Application 87-125 REZ to allow for construction of a Post Office facility located at the southwest corner of E1 Camino Real and the westerly extension of Garden View Road. (SEE ATTACHMENT "A" FOR LEGAL DESCRIPTION). WHEREAS, a public hearing was conducted on application 87-125 REZ on November 16, 1987 by the New Encinitas Community Advisory Board, on December 8, 1987 by the Planning Commission, and on January 13, 1988, by the City Council, at which time all persons desiring to be heard were heard; and, WHEREAS, evidence was submitted and considered to include without limitation: The application submitted (Attachment A) by the City of Encinitas including all plans for development and other written information, which is incorporated by this reference as though fully setforth herein; and The staff reports (Attachment B) dated November 13, 1987, and December 2, 1987, which are incorporated by this reference as though fully setforth herein; and 3. Oral information submitted at the hearing; and 4. Additional written documentation. CRO2-88-06.RES (1-4-88-2) Book # NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas that: There is a reasonable probability that the land use and design proposed will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time, for the reasons setforth in item II F a. of the staff report; and There is little or no probability of substantial 'detriment to or interference with the future adopted General Plan if the proposed use or design is ultimately inconsistent with the plan, for the reasons setforth in item II F b. of the staff report; and The proposed use or design complies with all other applicable requirements of state law and local ordinances, for the reasons setforth in item II F c. of the staff report. BE IS RESOLVED that the approval for Rezoning and a General Plan Amendment is provisional and that the Rezoning to C-36 will not take affect until a building permit has been applied for by the Post Office Facility as proposed. BE IT FURTHER RESOLVED that the City Council of the City of Encinitas hereby Adopts the Negative Declaratin and approves the Rezone Application 87-125 REZ. Development of the subject site shall comply with the following conditions pursuant to "D" designator special area regulations (as listed in Section 5900- 5910 of the Zoning Ordinance): A. Prior to obtaining any building or other permit pursuant to this approval and prior to commencement or construction or use of the property in reliance on this approval, the applicant shall: 1. Submit detailed and complete development plans for the .......... project, for Design Reviews.with the authorizing agencies of the City. Such plans shall comply with the following conditions. a. The mature pines located along the south property CRO2-88-06.RES (1-4-88-2) Book# ~ ' Page#_ ~_~/ _ line shall be preserved to minimize view and noise impacts. be A cement block wall shall be built on the northerly boundary of Park Encinitas along with an open space corridor to mitigate the noise and air pollution impacts. Ce Ail entry should be only at Garden View Road and no curb cuts should be allowed on E1 Camino Real. de Ail ingress and egress from the Post office shall be only from Garden View road and all other access shall be by frontage road. ee Ail buildings should be placed on the northern boundary of the proposed site (away from Park Encinitas) and all loading and unloading shall be on either the west, north or east side of the building. Be No grading, or removal or deposit of material shall take place except pursuant to a grading permit issued by the City Engineer in connection with a building permit; or pursuant to a concurrence of the Director of Community Development Department where no structure is involved; or pursuant to an application to the Community Development Department, that has been approved by the Director, to do minor grading, where no grading permit is required. Ce Prior to any occupancy or use of the premises pursuant to this site plan, the applicant shall: Submit a statement from a licensed landscape architect that all landscaping has been installed as shown on the approved landscape plan, including the watering system. · Obtain from the Community Development Department certification that specified conditions of the site plan have been met. Final inspection shall not be performed or permanent clearance of utilities authorized until the Director of the Community Development Department has certified that all conditions of the subject site plan have been satisfactorily met. Upon certification by the Director of the Community Development Department for occupancy or establishment of use allowed by this site plan, the following conditions shall apply: De Erosion control devices to prevent or retard erosion to the bluff face and drainage to direct surface water away from the top of the bluff shall be well maintained at all times. CRO2-88-06.RES (1-4-88-2) Book # '.Page Eo The landscaping shall be well maintained at all times. PASSED AND ADOPTED this 13 th day of Januar7 , 198 by the following vote, to wit: Ayes: Nays: None Abstain: None Absent: None Gaines, Luke, Omsted, Shea, Steel Richard Shea, Mayor of the City of Encinitas ATTEST: E. Jan~Pool, City Clerk CRO2-88-06.RES (1-4-88-2) Book # 'Page LEGAL DESCRIPTI ON }'OR All that portion of the Southwest Quarter of the Northeast Qaurter and the South- east Quarter of the Northwest Quarter of Section 11, Township 13 South, Range 4 West, San Bernardino Base and Meridian in the County of San Diego, State of California, according to U.S. Government Survey approved April 19, 1881, described as follows: Beginning at the Southeast corner of the Southeast Quarter of the Northwest Quarter of Section 11; thence along the Southerly line thereof North 89°41'49'' West 397.81 feet; thence leaving said Southerly line North 00"18'11" East 352.20 feet; thence North 45"05'20" East 248.74 feet; thence South 44°54'40'' East 65.00 feet to the beginning of a 658.00 foot radius curve concaved Northerly; thence Southeasterly along said curve 513.99 feet through a central angle of 44"45'21" to the beginning of a tangent 20.00 foot radius curve concaved Northwesterly; thence along said curve 31.66 feet through a central angle of 90"42'44" to a point on the Westerly right-of-way according to Road Survey 1800-1 said point being on a 3563.00 foot radius curve concaved Easterly a radial from said point bears North 89"37'16" East; thence along said curve Southeasterly 312.79 feet through a central angle of 5" 01'48" to the intersection with the Southerly line of the Southwest Quarter of the Northeast Quarter of Section 11; thence along said Southerly line North 89"41'49" West a distance of 324.19 feet more or less to the POINT OF BEGINNING. VACAIIT ATTACHMENT A APPLICATION CITY OF ENCINITAS Encinitas Boulevard, Suite 100 Encinitas, California 92024 (619) 944-5060 PROJECT TITLE: Post office General Plan Amendment and Rezone, E1 Camino Real. LOCATION: 6.23 acres located at the southwest corner of E1 Camino Real and Garden View Road. PROJECT DESCRIPTION: The project entails a General Plan Amendment from Agricultural Cropland "AC" to General Commercial 13, and Rezone from S-88 (Specific Plan) to C-36 (General Commercial). The proposed use for the property is for a U.S. Post Office. PROJECT SPONSOR: City of Encinitas. FINDING: Based upon information provided in the Initial Study, along with Comments and responses to the Notice of Preparation of a Negative Declaration which have .been..presented.to ~be..CitY.C0~ncil, ..~ity of--Encini~as'~-~-~-duly'called meeting':on 'January 13, 1988', the Council finds that the project will not have a significant effect on the environment. MITIGATION MEASURES: Mitigation measures included in the project as a condition of project approval to avoid potentially significant effects include: No environmental impact were identified that could not be mitigated through project development. As such, the rezone is approved subject to a "D" designator identifying site development requirements. A copy of the Initial Study has been attached to substantiate the finding. ~. Date /s/page 2 Community Development Department City of Encinitas PM/dc/MS3-257 (12/28/87-1) E1 Camino Real and Garden View Extension &' U~, t b~ porw c. 14. · ~ ,~,- '~ ~ ~ :~'~.-.: Property " .... !s currently zoned 5-88 (Spe'cific Plan) and has a Gene: Plan~ LAbS"use- desi'gfiatiOn bf "AC" Agricultural Cropland. ~~~ ~end the General Plan from "AC" Agricultural Cropland to General Co~ercial (13) and rezone the property from S-88 (Specific Plan) to C-36 General Co~ercial. This zone is :o follow-up previously approved annexation for 6.23 ac: of land for :he purpose of constructing a 22,000 sq.ft. U.S. Post Office facility located at the southwest corner of E1 Camino Real and Garden View ext~ 'Attachment "B" to Resolution 88-06 CITY OF ENCINITAS NEW BNCINITAS COMMUNITY ~DVISORY BOARD AGENDA REPORT Meeting Date: November 16, 1987 TO: FROM: VIA: DATE: SUBJECT: New Encinitas Community Advisory Board Planning and Community Development Department Robert Fuller, Assistant Planner Bill Weedman, Senior Planner November 13, 1987 General Plan Amendmeht from Agricultural Cropland "AC" to General Commercial 13 Application 87-127/GPA and, Rezone from S-88 to C-36 Application 87-125/REZ for Property Located at Southwest Corner of 'El Camino Real and extension of Garden View Road city of Encinitas (Applicant) mo BACKGROUND: (A) Application Type: General Plan Amendment from Agricultural Cropland "AC" to General Commercial (13), rezone from S-88 to C-36 (General Commercial). (B) Project A~dress/Location: 6.23 acres at southwest corner of E1 Camino Real and extension of Garden View Road. (c) Zoning/General Plan Designation: Zoning - S-88 (Specific Plan); General Plan - "AC" Agricultural Cropland. (D) Interim Zoning Regulations 87-69: The Interim Regulations are designed to relate to site development and not proposed General Plan/Zoning Amendments with the exception of Section 4(E) relative to meeting the findings of Government Code 66360. These findings attempt to relate any action taken on projects to the anticipated General Plan currently being prepared. Please refer to the Discussion portion of this report for response to these findings. (E) Attachments: (1) Application (2) Environmental Checklist and Negative Declaration PM/sd/CAB5-329 (11-13-87-3) -1- Book History: The U.S. Post office Facility was originally proposed on Melba in the Old Encinitas area. Due to significant opposition, land use incompatibilities, traffic impacts, site access problems and the like, the Post Office looked for alternate sites to locate their facility. The Melba site is zoned residential and is surrounded by single-family residential uses with narrow access roads. Several sites were considered including parcels located along Santa Fe Road, Encinitas and Vulcan, Encinitas and E1 Camino Real, and E1 Camino Real and Garden View. The U.S. Post Office decided.that the E1 Camino Real and Garden View site was the best alternative. As a result, the City, Carltas Company (Ekce property representatives) and' U.S. Post Office worked together to accomplish a property trade .(6.23 acres at E1 Camino Real and with the Melba site) to allow the U.S. Post Office to acquire the subject site. ' ' The City processed an annexation of the 6.23 acres and amendments to the General Plan text. The City Council later initiated a General Plan Land Use Map Amendment and Rezone. These two requests are currently under consideration. II. DISCUSSION: (A) Existing Condition: The subject site is located at the south east portion of agricultural land on property sloping toward E1 Camino Real. A channel empties into the east portion of the site (adjacent to E1 Camino Real). The drainage is then conveyed northerly. Trees line the southerly property line. No structures currently exist on the site. (B) Surrounding Land Uses: The property to the north and west is in agricultural use with General Plan and Zoning designations of "AC" Agricultural Cropland and S-88 (Specific Plan), respectively. The property east (across E1 Camino Real) is currently vacant and is designated for commercial use (C-30). A tract map for commercial development was recently recorded for the parcel. The property to the south is developed with a mobile home park. ~ ........................... Other uses within the area include: medical, office and commercial along the E1 Camino Real corridor. PM/sd/CABS-329 (11-13-87-3) -2- Design Review: Since the applications before the Community Advisory Board are a General Plan Amendment and Rezone, the issue of design review is not applicable. However, design review is a critical component of the process to ensure land use compatibilities with the mobile home park residents. Any site design issues should be identified so they can be forwarded to the U.S. Post office for their consideration. The Federal Government is not obligated to adhere to local regulations such as design review, however, they informed the City that they would appreciate any input the City may have on site design. Summary Conclusions: The requested General Plan Amendment and Rezone are for the 6.23 acre site for the U.S. Post Office Facility. The request is for a commercial designation that would permit the Post Office use. A C-3~ zone permits general commercial (retail and service) and office/professional uses. C- 36 was suggested due to the E1 Camino Real commercial area being predominantly C-36. This zone allows postal services pursuant to a Major Use Permit. (F) Potential use incompatibilities with the adjacent mobile home park will be handled through site design, implementing the mitigation measures identified in the project environmental review. Findings: In order to amend the City's General Plan Land Use Map and Zoning Map the decision making body needs to find that the amendments are consistent with the General Plan. The proposed Zone, C-36, is consistent and compatible to the requested General Plan commercial designation. Potential land use inconsistencies and incompatibilities will be handled through site design and mitigation measures. Findings pursuant to Interim Ordinance 87-69 Secti6n 4(E) Zoning Regulations a) Finding: There is a reasonable probability that the land use' and design proposed will be consistent with the General Plan proposal being considered or studied or which will be studied within a reasonable time. Fact: The City Council initiated the General Plan Amendment and Zoning Change for this subject parcel. Currently, the General Plan process has not identified any future land use for this site. PM/sd/CAB5-329 (11-13-87-3) -3- Book # , be Due to the signalized intersection of Garden View Road and E1 Camino Real, it can be anticipated to have a higher intensity use at an intersection of a main arterial road. Although future uses of the Ekce property have not been fully discussed some commercial office and residential uses can be reasonably anticipated for the E1 Camino Real property. Findings: There is little or no probability of substantial detriment to or interference with the future adopted General Plan if the proposed use or design is ultimately inconsistent with the plan. Fact: A commercial designation for this area is not unlikely to occur.due to the signalized intersection and other commercial/office uses within the area. Should the General Plan not identify this' parcel as commercial little detriment or interference would occur due to the small parcel size of 6.23 acres, and its location at a signalized intersection along a main arterial road. Ce 'Findings: The proposed use or design complies with all other applicable requirements of state law and local ordinances. Fact: The proposed use has met all other requirements. The project must meet federal laws. The U. S. Post Office is exempt from local processing requirements. III. ALTERNATIVE ACTIONS THE BOARD MAY MAKE (1) Recommend to the Planning Commission to approve the applications and the negative declaration. (2) Recommend to the Planning Commission to deny the applications. (3) The Board may continue' the public hearing and allow the applicant to submit additional materials for further consideration. (Note: A hearing regarding these two amendments has been' tentatively scheduled before the Planning Commission on December 8, 1987). RECOMMENDATION: The Planning and Community Development Department requests that the Board review the application, take public input, and recommend to the Planning Commission approval of the negative declaration, General Plan Amendment to General Commercial (13) and Rezone to 0-36. PM/sd/CAB5-329 (11-13-87-3) -4- #- TO: FROM: VIA: DATE: SUBJECT: Attachment "B" to Resolution 88-06 CITY OF ENCINITAS PLANNING COF~(.IS~ION A G E~DA REPORT Meeting Date: December 8, 1987 Planning Commission Planning and Community Development Department ;,~/ Bill Weedman,' Senior Planner December 2, 1987 General Plan Amendment from Agricultural Cropland "AC" to General Commercial 13 Application $7-127/GPA and, Rezone from S-88 to C-36 Application $7-125/REZ for Property Located at Southwest Corner of E1 Camino Real and extension of Garden View Road. City of Encinitas (Applicant) I. BACKGROUND This application was reviewed by the New Encinitas Community Advisory Board on November 16, 1987. At that meeting the Board recommended that the Commission recommend the attached draft resolution· II. ACTION THE COmmISSION MAY TAKE: Recommend to the City Council to deny the application. Recommend that the City Council adopt the draft resolution. Continue the public hearing to allow the applicant to submit additional info.~mation. Amend the draft resolution and recommend that the City Council approve the application. III. ~EeO~-MENDAT!ON: The Planning and Community Development Department recommends that the Con.uission review the application, take public input, and recommend that the City Council approve the attached draft resolution. BF/r~n/PCl-14 (12-3-87)