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HomeMy WebLinkAbout2005-05-18; Planning Commission; Resolution 59031 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 PLANNING COMMISSION RESOLUTION NO. 5903 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CITYWIDE AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN TO INCORPORATE REFERENCES AND POLICY STATEMENTS RELATED TO THE CITY’S HABITAT MANAGEMENT PLAN. CASE NAME: CASE NO: GPA 05-01 LAND USE ELEMENT AMENDMENT WHEREAS, City, “Applicant,” has filed a verified application with the City of Carlsbad regarding property described as Citywide (“the Property”); and WHEREAS, said verified application constitutes a request for a General Plan Amendment as shown on Exhibit “A” dated May 18, 2005, attached hereto and on file in the Carlsbad Planning Department LAND USE ELEMENT AMENDMENT - GPA 05-01 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission dld, on the 18th day of May 2005, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the General Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the PIanning Commission of the City of Carlsbad, as follows: A) B) That the above recitations are true and correct. That based on the evidence presented at the public hearing, the Commission GPA 05-01, based on the following findings: RECOMMENDS APPROVAL of LAND USE ELEMENT AMENDMENT - 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 Findings: 1. This General Plan Amendment (GPA 05-01) is consistent with existing goals of the City’s General Plan as described in Table A (General Plan Compliance) of the Planning Commission Staff Report, dated May 18,2005. 2. This Amendment will establish the policy foundation for consistency determination for subsequent amendments to the Zoning Ordinance required to implement the City’s Habitat Management Plan. 3. This Amendment will implement the City’s Habitat Management Plan by ensuring that all future development projects comply with the Plan in order to be consistent with the General Plan. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 18th day of May 2005, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, and Montgomery NOES: ABSENT: ABSTAIN: JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION REST: DON NEU Assistant Planning Director PC RES0 NO. 5903 -2- EXHIBIT "A" Land Use Element PA 05-0 1 18,2005 b. The remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing need pursuant to Government Code Section 65584. If a reduction in residential density for any parcel would result in the remaining sites identified in the housing element not being adequate to accommodate the City's share of the regional housing need, the City may reduce the density on that parcel provided it identifies sufficient additional, adequate, and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. The City shall be solely responsible for compliance with Government Code Section 65863, unless. a project applicant requests in his or her initial application, as submitted, a density that would result in the remaining sites in the housing element not being adequate to accommodate the City's share of the regional housing need. In that case, the City may require the project applicant to comply with Government Code Section 65863. For the purposes of determining or requiring compliance with Government Code Section 65863, the submission of an application does not depend on the application being deemed complete or being accepted by the City. Government Code Section 65863 does not apply to parcels that, prior to January 1, 2003, were either 1) subject to a development agreement, or 2) parcels for which an application for a subdivision map had been submitted. Residential density shall be determined based on a number of dwelling units per developable acre of property. The following lands are considered to be undevelopable and shall be excluded from density calculations: a. Beaches; b. Permanent bodies of water; c. Floodways; d. Slopes with an inclination of greater than e. Significant wetlands; f. Significant riparian woodland habitats; g. Land subject to major power transmission easements; h. Land upon which other significant envir- onmental features as determined by the 40%; environmental review process for a project are located; and i. Railroad track beds. No residential development shall occur on the lands listed above; however, the City Council may permit limited development of such property, if when considering the property as a whole, the prohibition against development would constitute an unconstitutional deprivation of property. Development on slopes with an inclination of 25% to 40% shall be permitted if designed to minimize the grading and comply with the slope develop- ment provisions of the hillside ordinance and the Carlsbad Local Coastal Program. However, only 50% of the area shall be used for density calculations. In instances where a property owner is preserving a significant amount of open space land beyond what would normally be required by city ordinances for purposes of environmental enhancement, fi fesewes compliance with the Habitat Management Plan or otherwise leaving developable property in its natural condition, the City shall consider allowing the density or development potential of the property being preserved to be transferred to another portion of the property or another distinct property. In these instances, the density/development potential of the property being left in open space shall be reserved for and used on the remainder of the land owned by the property owner, or through a negotiated agreement with the City, may be transferred to land owned by another property owner. .. .. All legally existing R-2 lots, as of December 1, 1986, may be developed with a two-family residence regardless of the density allowed by their General Plan designation if they can comply with all applicable development standards in effect at the time of their development and if the following findings can be made: - a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted; Page 15 Land Use Element management and sewage disposal capacity. C.10 Manage the disposal or recycling of solid waste and sewage within the City. C.11 Cooperate with other cities in the region to site and operate both landfill and recycling facilities. C.12 Continue to phase in all practical forms of mandatory recycling, to the extent possible. A. GOALS A.l A City which provides for a variety of housing types and density ranges to meet the diverse economic and social require- ments of residents, yet still ensures a cohesive urban form with careful regard for compatibility while retaining the present predominance of single family residences. A.2 A City with neighborhoods that have a sense of community where residents including children, the disabled and the elderly feel safe and comfortable traveling to daily destinations; where homes and trees line the streets; where central gathering places create focal points; and where recreation areas are provided for a variety of age groups. B. OBJECTIVES 8.1 To achieve a variety of safe, attractive housing in all economic ranges throughout the City. 8.2 To preserve the neighborhood atmos- phere and identity of existing residential areas. 8.3 To offer safe, attractive residential areas with a wide range of housing types, styles and price levels in a variety of locations. 8.4 To ensure that new master planned com- munities and residential specific plans contribute to a balanced community by providing, within the development, ade- quate areas to meet some social/human service needs such as sites for worship, daycare, youth and senior citizen activities, etc. 8.5 To ensure that new development is designed with the focus on .residents instead of the automobile by providing: pedestrian-friendly, tree-lined streets; walkways to common destinations such as schools, parks and stores; homes that exhibit visual diversity, pedestrian-scale and prominence to the street; and recreation amenities for a variety of age groups. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.l Encourage the provision of low and moderate income dwelling units to meet the objectives of the City’s Housing Element. C.2 Allow density increases, above the maximum residential densities permitted by the General Plan, to enable the development of lower-income affordable housing, through the processing of a site development plan. Any site development plan application request to increase residential densities (either above the Growth Management Control Point or upper end of the residential density range(s)), for .purposes of providing lower- income affordable housing, shall be evaluated relative to: (a) the proposal’s compatibility with adjacent land uses; (b) the adequacy of public facilities; and (c) the project site being located in proximity to a minimum of one of the following: a freeway or major roadway, a commercial center, employment opportunities, a city park or open space, or a commuter rail or transit center. C.3 Consider density and development right transfers in instances where a property owner is preserving open space in excess of normal city requirements or complving with the citv’s Habitat Manaqement Plan. 7 ~ Page 33 Land Use Element c.11 c.12 C.13 C.14 C.15 Regulate industrial land uses on the basis of performance standards, including, but not limited to, noise, emissions, and traffic. Control nuisance factors (noise, smoke, dust, odor and glare) and do not permit them to exceed city, state and federal standards. Require private industrial developers to provide for the recreational needs of employees working in the industrial area. Screen all storage, assembly, and equipment areas completely from view. Mechanical equipment, vents, stacks, apparatus, antennae and other appurtenant items should be incorporated into the total design of structures in a visually attractive manner or should be entirely enclosed and screened from view. Analyze the feasibility of zone changes to redesignate the Commercial Manu- facturing Zone and the Manufacturing Zone as Planned Industrial Zones. AGRICULTURE A. GOALS A.1 A City which prevents the premature elimination of agricultural land and preserves said lands wherever possible. A.2 A City which supports agriculture while planning for possible transition to urban uses. 8. OBJECTIVES 6.1 To permit agricultural land uses throughout the City. 6.2 To conserve the largest possible amount of undeveloped land suitable for agricultural purposes, through the willing compliance of affected parties. 6.3 To develop measures to ensure the compatibility of agricultural production and adjacent land uses. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS c.1 c .2 c.3 c .4 c.5 C.6 Support and utilize all measures available, including the Williamson Act, to reduce the financial burdens on agricultural land, not only to prevent premature development, but also to encourage its continued use for agricultural purposes. Participate with neighboring cities and communities in projects leading to preservation of agricultural resources and other types of open space along mutual sphere of influence boundaries. Consider the acquisition of lands or prop- erty rights for permanent agricultural uses through methods or means such as trusts, foundations, and city-wide assessment districts. Attempt to preserve the flower fields or lands east of 1-5 to the first ridgeline between Cannon Road and Palomar Airport Road, through whatever method created and most advantageous to the City of Carlsbad. Buffer agriculture from more intensive urban land uses with mutually compatible intermediate land uses. Encourage soil and water conservation techniques in agricultural activities. ENVIRONMENTAL A. GOAL A City which protects and conserves natural resources, fragile ecological areas, unique natural assets and historically significant features of the community. B. OBJECTIVE To establish the preservation of the natural habitat of the rivers, riverbanks, streams, bays, lagoons, estuaries, marshes, beaches, lakes, shorelines and canyons and other areas containing rare and unique biological resources as a high priority. Page 40 Land Use Element C. IMPLEMENTING POLICIES AND ACTION PROGRAMS c.1 c.2 c.3 c.4 c.5 C.6 c.7 C.8 c.9 Preserve Buena Vista Lagoon and Bati- quitos Lagoon as visual resources and wildlife preserves. Ensure that slope disturbance does not result in substantial damage or alteration to major significant wildlife habitat or significant native vegetation areas unless they present a fire hazard as determined by the Fire Marshal. Ensure that grading for building pads and roadways is accomplished in a manner that maintains the appearance of natural hillsides. Relate the density and intensity of development on hillsides to the slope of the land to preserve the integrity of hillsides. Limit future development adjacent to the lagoons and beach in such a manner so as to provide to the greatest extent feasible the physical and visual accessibility to these resources for public use and enjoyment. Ensure the preservation and maintenance of the unique environmental resources of the Agua Hedionda Lagoon while providing for a balance of public and private land uses through implementation of the Agua Hedionda Land Use Plan. Require comprehensive environmental review in accordance with the California Environmental Quality Act (CEQA) for all projects that have the potential to impact natural resources or environmental fea- tures. Require that the construction of all projects be monitored to ensure that environmental conditions and mitigating measures are fully implemented and are successful. Implement to the greatest extent feasible the natural resource protection policies of the Local Coastal Program. c.10 c.11 c.12 - C. Utilize the goals, objectives and imple- menting policies of the Open Space Ele- ment regarding environmental resources that should be protected as open space. Participate in programs that restore and enhance the City's degraded natural re- sources. Implement the Batiquitos Lagoon En- hancement Plan. ,I3 Implement the Habitat Manaaement Plan in order to Protect rare and uniaue biolonical resources with the city so as to preserve wildlife habitats. TRANSPORTATION CORRIDOR A. GOAL A City which supports the improvement and modernization of railroad facilities within Carls- bad and the region. B. OBJECTIVES B.l To support the installation and operation of a commuter rail system in Carlsbad. B.2 To encourage the use of the excess railroad right-of-way for landscaping, parking facilities, recreation areas, trails and similar uses. C. IMPLEMENTING POLICY AND ACTION PROGRAM Adopt a comprehensive plan addressing the design and location of future commuter rail stations as well as methods of improving the appearance and public use of the railroad right- of-way. SPECIAL PLANNING CONSIDERATIONS--AIRPORT A. GOAL Page 41 Land Use Element DENSITY BONUS PROGRAM ENVIRONMENTALLY SENSITIVE LANDS GMP GROWTH MANAGEMENT PROGRAMIPLAN (GMP) GROWTH MANAGEMENT ZONE HABITAT MANAGEMENT PLAN LCP LFMP LOCAL COASTAL PROGRAM (PLAN) (LCP) LOCAL FACILITIES MANAGEMENT PLAN (LFMP) sible space include: improving the natural ca- pability of residents to visually survey the public areas of their residential environment; enhanc- ing spheres of territorial influence within which residents can easily adopt proprietary attitude; and, enhancing safety through the strategic geographic locations of intensively used com- munity facilities. A density increase of at least 25% over the otherwise maximum allowable residential density under the applicable zoning and land use. Open space lands which are constrained or prohibited from development including beaches, lagoons, wetlands, other permanent water bodies, riparian habitats and steep slopes. See Growth Management Plan. A comprehensive approach to land use planning now and in the future. It links residential, com- mercial and industrial development directly to the availability of public services and facilities. It sets limits on the total number of housing units to be built and increases the total amount of open space to be preserved in the City. A geographically-defined area in the City, the boundaries of which were based upon logical facilities and improvements planning relation- ships. Under the City’s Growth Management Plan, there are 25 zones and a plan for facilities and improvements is required for each zone before development can occur. A comprehensive. citvwide pronram which identifies how the citv can preserve the diversitv of natural habitats and protect rare and uniaue biological resources. See Local Coastal Program. See Local Facilities Management Plan. A specifically prepared land use plan for the portion of the City located within the Coastal boundaries as defined by the State Coastal Act. The plan must address the protection of coastal resources and public access to the coastline. Shows how and when the following facilities and improvements necessary to accommodate de- velopment within the zone will be installed or Page 45