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)