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Home My WebLink AboutLCPA 97-04; General Plan & Zoning Consistency Project Phase I; Local Coastal Program Amendment (LCPA)’he City of CARLSBAD Planning Departmenl A REPORT TO THE PLANNING COMMISSION Project Planner: Jeff Gibson Project Engineer: NIA P.C. AGENDA OF: April 1,1998 SUBJECT: - GPA 97-011ZC 97-01/ LCPA 97-04 - GENERAL PLAN, ZONING, & LOCAL COASTAL PROGRAM CONSISTENCY PROJECT PHASE I - Request for recommendation of approval for a Negative Declaration, Addendum to Master Environmental Impact Report 93-01, General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change land use designations shown on the General Plan, Zoning, and Local Coastal Program land use maps so they are consistent with one another on various parcels located within the City of Carlsbad. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4247, RECOMMENDING APPROVAL of the Negative Declaration and Addendum to Master EIR 93-01 issued by the Planning Director, and ADOPT Planning Commission Resolutions No. 4248, 4249, and 4250, RECOMMENDING APPROVAL of GPA 97-01, ZC 97-01, and LCPA 97-04, based on the findings contained therein. 11. INTRODUCTION The General Plan Amendment, Zone Changes, and Local Coastal Program Amendments proposed with this project affect approximately thirty-one (3 1) parcels located within the City of Carlsbad. Seven (7) of the parcels are located within the Coastal Zone and the land use designation changes on these seven (7) parcels will also require approval by the California Coastal Commission. The majority of the amendments include a land use change to the Open Space Zone to be consistent with the existing land use and either the underlying Open Space General Plan or Local Coastal Program land use designations, where applicable. There is one (1) parcel level Zone Change to a residential zone to be consistent with the underlying residential General Plan land use designation, and one (1) parcel level General Plan Amendment to the Open Space land use designation to be consistent with the parcel’s open space zoning. In all cases, the changes will make the parcel’s General Plan, Zoning, and Local Coastal Program land use designations all consistent with one another. 111. PROJECT DESCRIPTION AND BACKGROUND The Planning Department is beginning a land use consistency program that will include a series of General Plan, Zoning, and Local Coastal Program land use designation changes that must be reviewed by the Planning Commission and City Council. The General Plan, Zoning, and Local Coastal Program Consistency Project is one segment of the City’s larger, more-comprehensive General Plan Implementation Program that was approved by the City Council with the last major update of the GPA 97-01/LCPA 97-04/ZC 9/41 - GENERAL PLAN, ZONING, ANL, LOCAL COASTAL PROGRAM CONSISTENCY PROJECT PHASE I APRIL 1,1998 General Plan in 1994. To begin implementing the program the Planning Department will be bringing forward, for review and approval by the Planning Commission and City Council, a series of General Plan Amendments, Zone Changes, and amendments to our Local Coastal Program land use maps for parcels that currently have inconsistent land use designations. State law currently requires that zoning conform to and implement the General Plan and the Local Coastal Program. Therefore. where inconsistencies exist between these designations, the law requires that changes be made to bring about consistency. The project will have multiple phases and will take in excess of a year to carry-out and complete. The proposed changes in this first phase of the General Plan, Zoning, and Local Coastal Program Consistency Project mostly include parcels that contain an Open Space General Plan land use designation and a Zoning or Local Coastal Program land use designation other than Open Space. The re-designation of the parcels to the Open Space Zone or land use designation will make the General Plan, Zoning, and Local Coastal Program land use maps all consistent with one another. In subsequent phases other types of land use designation changes will be brought forward. While most of the changes will be concerned with the land use designations on individual properties, (i.e. mapping changes), there may be future phases that include amendments to the text of the General Plan, Zone Code, and/or Local Coastal Program. The proposed project is subject to the following State and City adopted policies and regulations: A. State Law - Government Code Section 65860 - Zoning Consistency with General Plan; and, B. General Plan & Local Coastal Program Consistency. IV. ANALYSIS A. State Law - Government Code Section 65860 - Zoning Consistency with General Plan State Law requires that a City’s Zoning Ordinance be consistent with the General Plan. In the event that a Zoning Ordinance becomes inconsistent with a General Plan by reason of amendment to such a plan, or to any element of such a plan, the Zoning Ordinance shall be amended within a reasonable time so that it is consistent with the General Plan as amended. The State Attorney General has stated that; “The term ‘consistent with’ means ‘agreement with or harmonious with’. The term ‘conformity’ means in harmony therewith or agreeable to.” This means land uses specified for all land use categories in the Zoning Ordinance must all be consistent with the land uses specified in the General Plan’s text and map or diagram of proposed land uses. A primary objective of this project is to bring the General Plan and zoning land use designations into conformity on individual parcels located within the City, in accordance with the requirements of State law, as illustrated in Table 1. GPA 97-01/LCPA 97-04/ZC 9541 - GENERAL PLAN, ZONING, AND LOCAL COASTAL PROGRAM CONSISTENCY PROJECT PHASE I APRIL 1,1998 18. 19. 20. 21. 22. 23. 24. TABLE 1 PARCEL LIST FOR GENERAL PLAN LAND USE MAP AMENDMENTS AND ZONE CHANGES: 2 14-368-01 APN: 215-240-44 os RD-M RD-M TO OS Power Line Easement 6628 Santa Isabel St. APN: 215-330-01 RMH c- I C-1 TO RD-M 1994 from N to RMH APN: 215-430-15 os R-1-15 R-1-15 TO OS Open Space Lot # 749 APN: 215-571-70 os 'RD-M-5 RD-M-5 TO OS Open Space Lot - Portion of Lot # 247 APN: 2 16-460-42 os RD-M RD-M TO OS Open Space Lot # 1 I9 APN: 216-463-28 os RD-M RD-M TO OS Open Space Lot # 120 APN: 223-150-50 RLM os RLM TO OS Open Space Lot # 23 Church Site - GP was Changed in The various parcel level land use designations and the proposed changes, listed in Table 1, fall into the following categories: a. Parcels that contain a SDG&E power transmission easement with an existing Open Space General Plan land use designation and a zoning designation other than the Open Space Zone. The recommended action is to rezone the parcels to the Open Space Zone to be consistent with the existifig Open Space General Plan land use designation (Table 1 - Lists No. 1, 2, 3, 12, and 18). b. Parcels that are dedicated or deed restricted as open space lots that contain open space easements and have an Open Space General Plan or Local Coastal Program land use designation. The recommended action is to rezone or redesignate the parcels to an Open GPA 97-01LCPA 97-04/ZC 93-ul - GENERAL PLAN, ZONING, AND LOCAL COASTAL PROGRAM CONSISTENCY PROJECT PHASE I APRIL 1,1998 PAGE 4 Space Zone or an Open Space Local Coastal Program land use designation, whichever is applicable to be consistent with the underlying land use and existing Open Space General Plan land use designation (Table 1 - Lists No. 5-8, 10- 1 1, 13-1 4, 16- 17, and 20-23). c. Parcels that were dedicated to the City for park land through the residential subdivision process or acquired for park purposes by the City. In some cases, these parcels contain land constrained by steep topography and in all cases they have an existing Open Space General Plan land use designation. The recommended action is to rezone or redesignate the parcels to an Open Space Zone or an Open Space Local Coastal Program land use designation, whichever is applicable to be consistent with the existing open space land use and Open Space General Plan land use designation (Table 1 - Lists No. 4, 9, and 15). d. A parcel that had the General Plan land use designation amended as part of the 1994 General Plan update and now has an inconsistent Zoning and/or Local Coastal Program land use designation. The recommended action is to rezone or redesignate the parcel to a land use designation consistent with the current General Plan land use designation. Site location # 19 listed in Table 1 is zoned Neighborhood Commercial (C-1), is developed with a church, and had a Neighborhood Commercial (N) General Plan land use designation until 1994 when the General Plan land use designation was amended to a Residential Medium High (RMH) designation. The parcel’s zoning designation is still commercial (C-1 ), therefore. to bring the parcel into conformity with the General Plan, the recommendation is to change the zone to a residential zone consistent with the RMH designation, such as, the Residential Density- Multiple Zone. The parcel is not located in the Coastal Zone. therefore, a Local Coastal Program amendment would not be required (Table 1 - List No. 19). e. A parcel that has a Residential Low Medium (RLM) General Plan land use designation, was dedicated to the City for park land through the residential subdivision process, and has an existing Open Space Zone. The recommended action is to change the parcel’s General Plan land use designation from FUM to Open Space to create consistency with the existing open space land use and the Open Space Zone (Table 1 - List No. 24). B. General Plan and Local Coastal Program Consistency The Land Use Element of the General Plan states that Carlsbad’s Local Coastal Program is consistent with the General Plan but is a separate document containing separate land use policies and implementation measures which must also be complied with in addition to the General Plan. As illustrated in Tables 1 and 2. another primary objective of this project is to maintain consistency between the General Plan and the Local Coastal Program. In all cases for this project, the recommendation is to change the parcel’s Local Coastal Program land use and zoning designations to the appropriate Open Space designation to reflect the fact that the parcel is either dedicated park land or restricted by an open space easement. On all seven (7) parcels located in the Coastal Zone the proposed changes ensure that the parcel’s General Plan, Zoning, and Local Coastal Program designations are consistent with one another (Table 2 - Lists No. 1-6). t GPA 97-01/LCPA 97-04/ZC 97-ul - GENERAL PLAN, ZONING, AND LOCAL COASTAL PROGRAM CONSISTENCY PROJECT PHASE I APRIL 1,1998 # 1. 2. TABLE 2 PARCEL LIST FOR THE LOCAL COASTAL PROGRAM (LCP) LAND USE AND ZONING MAP AMENDMENTS: SITE LOCATION EXISTING EXISTING PROPOSED CHANGE COASTAL LAND COASTAL ZONING USE MAP MAP APN 207-390-35 RLM RA-10 RLM TO OS & RA-10 TO OS APN 2 1 1-090-26 os R- 1-0 R-1-0 TO OS I APN 214-140-13,39 RM PC RM TO OS & PC TO OS :: APN 214-390-33 RLM R- 1 RLM TO OS & R-1 TO OS 5. 6. Note: These parcels are also shown and described in Table 1 and the parcels are located in the Mello I1 Segment of the LCP. APN 214-366-26 RLM R- 1 RLM TO OS & R-1 TO OS APN 214-368-01 os R- 1 R-1 TO OS V. ENVIRONMENTAL REVIEW The Initial Study prepared in conjunction with this project determined that the environmental effects which are peculiar to this project are not considered significant effects. In consideration of the foregoing, on June 20, 1997, the Planning Director issued a Negative Declaration with an attached Addendum to Master EIR 93-01. The Negative Declaration was noticed for public review and sent to the State Clearinghouse for public agency review and no comments were received. Please see the Environmental Assessment Form for a detailed description of the environmental analysis and an expanded justification for the recommendation to approve the Negative Declaration and the attached Addendum to Master EIR 93-0 1. ATTACHMENTS: 1. Planning Commission Resolution No. 4247 2. Planning Commission Resolution No. 4248 3. Planning Commission Resolution No. 4249 4. Planning Commission Resolution No. 4250 JG:mh