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HomeMy WebLinkAbout2005-05-18; Planning Commission; Resolution 59041 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. 5904 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A CITYWIDE AMENDMENT TO THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN TO INCORPORATE REFERENCES AND POLICY STATEMENTS RELATED TO THE CITY’S HABITAT MANAGEMENT PLAN. CASE NAME: OPEN SPACE AND CONSERVATION ELEMENT AMENDMENT CASE NO: GPA 05-02 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 OPEN SPACE AND CONSERVATION ELEMENT AMENDMENT - GPA 05-02 as provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on the 18th day of May 2005, hold a duly noticed public hearing as prescribed by law to consider said request; 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 Planning Commission of the City of Carlsbad, as follows: A) That the above recitations are true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of OPEN SPACE AND CONSERVATION ELEMENT AMENDMENT - GPA 05-02, based on the following findings: 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. The General Plan Amendment (GPA 05-02) 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: NOES: ABSENT: ABSTAIN: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman, and Montgomery CARLSBAD PLANNING COMMISSION ATTEST: Assistant Planning Director PC RES0 NO. 5904 -2- EXHIBIT "A" MAY 18,2005 GPA 05-01 State Recreation Planning The State Recreation Planning column is included in Table 1: Regulatory Open Space Protection not because of any regulations administered by the State Recreation Department, but rather because the de facto operations of the department serve to protect certain coastal resources within Carlsbad. The State owns land for the State Beach Recreation Area, as well as additional land in Zone 3, which it may seek to develop to expand the existing camping facilities offered at the State Beach. Thus, the state's recreation provision and planning have an impact on the open space inventory in Carlsbad. It should also be noted that under Article 6: California Recreation Trails, State Public Resources Code, addressing "Open-Space Elements and Trails", State law 5076 says: "In developing the open-space element of a general plan ... every city and county shall consider demands for trail-oriented recreational use and shall consider such demands in developing specific open-space programs." Local Coastal Proaram Each of the 15 counties and 53 municipalities along the California coastline is required by the California Coastal Act to prepare a Local Coastal Program (LCP). The LCP includes two main components: a land use plan and related implementing measures including a zoning map and zoning ordinance. In particular, the local coastal land use plans include measures specifically intended to protect natural open space resources, scenic resources, agricultural lands, and public access rights. Carlsbad MuniciDal Code There are a number of components of the City's municipal code which serve to protect open space resources. These include the protection from development of specific resources such as steep slopes, as well as, measures which guide the City's project design review process. The municipal code specifically addresses the protection of all the types of open space included under Category 1: Open Space for the Preservation of Natural Resources, certain types of agriculture, certain recreational open spaces, scenic resources, and certain health and safety issues. Particular components of the municipal code which regulate open space include the Open Space Ordinance, the Hillside Ordinance, the Planned Development Ordinance, the residential park land dedication requirements, and the industrial park land dedication requirements. Carlsbad Growth Manauement Prouram The City's growth management program includes two critical components with regard to protection of open space in Carlsbad. The first requires that all projects prepare a constraints map indicating the locations of a variety of resources considered environmentally constrained. Beyond this environmentally constrained "set-aside", the growth management program requires that an additional 15-percent of the otherwise developable land be set aside for open space. (The growth management 15-percent open space standard does not apply in certain zones because, at the time the standard was established, the zones were already developed and/or met or exceeded the requirement.) The administration of this 15-percent requirement forms a vital component of the implementation proposals of this element. However, the open space types indicated in Table 1 as protected under growth management are those that are regulated without consideration of the additional 15-percent requirement. Carlsbad Habitat Manaaement Plan The Habitat Manaaement Plan desianates approximatelv 6.500 acres of the open space lands in the citv for preservation based on its value as habitat for endansered animals and rare, unique or sensitive plant species. The plan identifies how the citv can protect and maintain these lands while still allowing additional public and Drivate development consistent with the General Plan and the Growth Manaaement Plan. Land Trusts Throughout America, there are a growing number of local, state, and regional groups called land trusts, conservancies, or foundations. These - private, nonprofit, tax-exempt charitable corporations typically share a common goal in attempting to protect open space lands threatened by development. Some land trusts are formed to address a specific resource. One such local group is the Buena Vista Lagoon Foundation. However, the more active trusts try to affect land use patterns throughout their community. The inclusion of "Land Trusts" as a Page 9 implementation of the primary and secondary open space priorities described in the Citywide Open Space Plan. The conceptual components of this map, including the trail system and greenways, are intended to be flexible. It is anticipated that the specific alignments of all conceptual open space components will be determined through specific site plan and environmental review. Adjustments to the conceptual open space components, including the trail system and greenways, will not require a general plan amendment. However, the point at which a greenway or trail passes from one zone to an adjacent zone, or from one property ownership to an adjacent ownership, should remain consistent with this map, unless an agreement has been reached with the adjacent zone or owner to shift the transition point. A general plan amendment will not be required to specifically site the conceptual components of this plan. It is anticipated that on an annual basis the City will initiate a general plan amendment to add all dedicated open space areas to the Open Space and Conservation and Land Use Maps. A general plan amendment will be required if any component of the conceptual plan is deleted. Habitat Management Plan Map The Habitat Management Plan map nraphically shows the preserve svstem that will be created by conformance with the citv’s Habitat Mananement Plan. In total, approximately 6.500 acres of open space lands will be reserved conservinn the full range of vegetation tvpes remaining in the citv with a focus on rare and sensitive plants. and habitat for endanaered animal species. The map consists of existinn preserve areas, proposed preserve areas and future preserve areas. 111. GOALS, OBJECTIVES & IMPLEMENTING POLICIES & ACTION PROGRAMS OPEN SPACE PLANNING AND PROTECTION This section provides the policy direction for the planning, protection and preservation of open space lands within the City. A. GOALS A.l An open space system of aesthetic value that maintains community identity, achieves a sense of natural spaciousness, and provides visual relief in the cityscape. A.2 A.3 A.4 A city with a balance of programmed and unprogrammed open space within each of the four quadrants of the City. An open space system that improves the quality of life for the citizens of Carlsbad. A city with an adequate amount and variety of open space for outdoor recreation, including, but not limited to: parks; beaches; areas for organized sports; connecting corridors containing trails; water recreation areas (beaches, lagoons, lakes); unique conservation areas for nature study; and, semi-developed areas for camping. B. OBJECTIVES B. 1 8.2 B.3 B .4 B.5 To preserve, protect and enhance those areas of the City that provide unique and special open space functions including, but not limited to, cultural and visual amenities, active and passive recreational uses, landmarks, buffers between incompatible land uses, wildlife habitats and unique and desirable vegetation. To create a more rural atmosphere in the urban environment, by identifying, acquiring, and protecting natural open space areas which are visible from public gathering places. To provide public access to all open space areas except where sensitive resources may be threatened or damaged, where the public health and safety may be compromised or where access would interfere with the managed production of resources, such as agriculture. To mandate open space as a necessary provision of the Local Facilities Management Zone plans which are required by the Growth Management Ordinance. To provide for parks and plazas and preserve natural areas within developments. - B.6 6.7 8.8 B.9 B.10 B.11 To provide, where possible, increased setbacks along arterial corridors and establish greenways or similar areas to preserve and/or create open space areas as a means of maintaining community scale and identity, separating conflicting land uses, and achieving a sense of natural openness as an integral part of urban surroundings. To provide for the distribution of programmed and unprogrammed recreation areas throughout the four quadrants of the City and to separate the uses where needed. To set aside 15 percent of the developable land of specified zones as open space, pursuant to the Growth Management open space performance standard. To maintain an inventory of open space. To monitor implementation of the recommendations of the Open Space and Conservation Resource Management Plan. To coordinate open space planning efforts with state and local agencies. 8.12 To contribute to regional biodiversity and the viabilitv of rare, uniaue or sensi tive biological resources throuahout the citv bv maintaining functional wildlife corridors and habitat lin kane. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.l c.2 Use open space to provide neighborhood, community, and city identity and to provide separations between conflicting land uses. Assure that the City's Open Space Advisory Committee continues to meet on a periodic basis so long as authorized by the City Council. The Committee's responsibilities should include: (1 ) Advocacy of Open Space; (2) Recommendations to the Planning Commission and City Council on Open Space issues; (3) Continued development and revision of Open Space policies as defined by the City's Open Space ordinances and programs; (4) Monitoring implementation of Open Space policies; (5) Recommending priorities for Open Space, including acquisition, use, and maintenance programs, on at least an annual basis; (6) Setting and refining guidelines for specific project review of Open Space. C.3 Ensure that the open space ordinance requires monitoring. C.4 Identify existing open space for protection, management, and potential enhancement to maintain and, if possible, increase its value as wildlife habitat. C.5 Prepare citywide maps and diagrams showing the following: (1) Environmentally constrained open space; (2) Existing and approved open space; (3) Proposed future open space system concept; (4) Proposed Carlsbad Trail System. C.6 c.7 C.8 c.9 c.10 Depict on land use maps, zoning maps, and the City's open space maps specific information regarding open space as it becomes available. Give city staff the flexibility to add to the open space inventory maps, those new areas which may be created by various circumstances, such as, discretionary approvals, land acquisition, and donations of land. Utilize the Growth Management Ordinance to implement the goals and objectives of this element and establish standards for open space. Count toward meeting the 15 percent Growth Management performance standard, any land area that otherwise qualifies, but which is not available to the public without some monetary or other consideration, so long as it incorporates one or more of the open space priorities identified for the zone in which it is located, and the granting of the open space credit for such land will not adversely impact the City's ability to obtain open space priorities identified for the zone. Revise and amend the Open Space Ordinance, No. 9795 to: (1) more precisely identify and define lands considered as undevelopable; (2) include provisions for buffer areas around sensitive lands; (3) define the word significant; and (4) include specific conditions and restrictions on non- residential development. Page 23 development, provided the boundary modification preserves open space at a 2 to 1 ratio (proposed acreage to existing acreage) and is within close proximity to the original area of open space. Additionally, City Council may exempt public rights-of- way from the boundary adjustment procedures. However, environmental analysis shall be performed for all proposed public right-of-way improvements, and if determined that there are significant adverse impacts to the value of the open space system, those impacts shall be mitigated. It is not the intention of this boundary adjustment procedure to allow for the exchange of environmentally constrained lands which are designated open space, for lands which are not environmentally constrained. C;21 Eliminate as a means of meeting the open space performance standard parks, public or private. However, credit may be granted for private parks if the granting of the open space credit for this use will not adversely impact the City’s ability to obtain all of the open space priorities identified for the zone in the Open Space and Conservation Resource Management Plan. C.22 Utilize open space where appropriate, to delineate neighborhoods, the City’s boundaries and to buffer major land uses within the City. C.23 Utilize Specific Plans, Master Plans and Local .Facilities Management Plans to refine and implement recommendations of the Open Space and Conservation Resource Management Plan. C.24 Consider for dedication to the City any open space lands, if they are open space areas identified in the Open Space and Conservation Resource Management Plan. C.25 Review and update the implementation strategies outlined in the Open Space and Conservation Resource Management Plan. These implementation strategies are intended to guide the systematic acquisition, protection, maintenance, administration and financing of open space and provide an organizational structure to implement the City’s open space plan. C.26 Rezone open space lands, dedicated to the City in fee title or easement to open space (OS) zoning. C.27 Plan for, and design, open space with regard to its various specific functions, as opposed to considering open space as having a single general function. C.28 Prohibit motorized off-road vehicle use in the City except at the Carlsbad Raceway. C.29 Prohibit hunting of wildlife in the City of Carlsbad. C.30 The City shall implement the Habitat Manaaement Plan and shall coordinate its plannina with the North County regional Multi-Species Habitat Conservation Plan pk if 3RB OBTAINING OPEN SPACE This section establishes the policies for obtaining open space lands within the City. A. GOALS A.l A.2 A city which provides for the open space needs of its citizens. A city where new developments provide for the open space needs of their occupants. B. OBJECTIVES B.l To develop and implement financing programs for the acquisition and maintenance of open space. B.2 To fund a well balanced acquisition program providing a variety of open space opportunities spread throughout the community. 8.3 To assure that, to the maximum degree possible, those benefiting from the acquisition or improvement of open space and recreational facilities provide funding in direct proportion to the benefits they derive. B.4 To encourage a combination of both private and public open space. C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.l Exactions from new developments should include, but not be limited to, legislative protection, Quimby Act dedication, park-in- lieu fees, industrial recreation fees, setback requirements, the provision of essential ~ ~~ Page 25 B.2 B.3 B.4 B.5 density credit pursuant to the Growth Management Ordinance. To protect public health and safety by preserving natural and man-made hazard areas as open space and taking special precautionary measures to protect the public safety where development is possible and permitted. To preserve areas of unique scenic, historical, archeological, paleontological and cultural value, and where possible, provide public access to these areas. To develop culturaVeducationa1 amenities which could include a museum, exhibition hall or interpretive center, within open space areas. To amend existing ordinances or develop a new ordinance to clearly define sensitive and constrained lands. B.7 To minimize environmental impacts to sensitive resources within the City. 8.8 To minimize impacts from new development on hillsides, ridges, valleys, canyons, lagoons, beaches and other unique resources that provide visual and physical relief to the cityscape. To develop an inventory of environmentally sensitive resources that are to be conserved within the City. B.10 To develop and implement, when possible, a plan to guide the systematic acquisition, protection and maintenance of sensitive environmental resources and provide an organizational structure to implement the plan. B.ll To develop and implement, when possible, a financing strategy to acquire and protect areas which are rich in habitat diversity. B.12 To protect rare, threatened or endangered plant and animal communities in accordance with the Habit; Mananement Plan. 8.13 To ensure that whenever possible, new development does not adversely impact sensitive environmental resources. 8.14 To coordinate city habitat management planning efforts with federal, state and local agencies, and other planning efforts of the City. B.9 C. IMPLEMENTING POLICIES AND ACTION PROGRAMS C.l Utilize sensitive design criteria to preserve the unique and special resources in the City and to integrate them into the design of any development. Amend ordinances as necessary to define sensitive and constrained lands consistent with the City’s habitat management planning efforts, and prohibit development and density credit thereon. C.3 Assure that development on hillsides (if allowed) relates to the slope of the land in order to preserve the integrity of the hillsides. Designate for preservation as open space those areas that provide unique visual amenities and define the urban form as contained in the Open Space and Conservation Resource Management Plan. These areas shall include agriculture, hillsides, ridges, valleys, canyons, beaches, lagoons, lakes and other unique resources that provide visual and physical relief to the cityscape by creating natural contrasts to the built-up, manmade scene. Designate for open space, hillsides, valleys and ridges during the approval of Specific Plans, Master Plans and Planned Developments, and also at the time of subdivision approval consistent with the recommendations of the Open Space and Conservation Resource Management Plan. C.6 Designate as buffers portions of land next to sensitive environmental areas. C.7 Assure that where feasible from an environmental standpoint, developments near or adjacent to bodies of water, provide open space that has public access to and views of the water. C.8 Require a city permit for any grading, grubbing, or clearing of vegetation in . undeveloped areas, with appropriate penalties for violations. C.9 Ensure that the improvements recommended for open space areas are appropriate for the type of open space and the use proposed. No improvements shall be made in environmentally sensitive areas, except to enhance the environmental value of the areas. C.2 C.4 C.5 Page 27 - C.14 C.15 C.16 C.17 C.18 c.19 c.20 c.21 c.22 Implement ordinances Limiting the density, intensity and character of development of hillside areas and ridges, and provide standards for sensitive grading where development of hillsides is allowed. Require that at the time of any discretionary approval, any land dedicated to the City for its habitat or scenic value, have an appropriate easement and/or zoning placed on it for resource protection. Recognize and implement the policies of the California Coastal Act and the Carlsbad Local Coastal Program when reviewing potential development in the coastal zone. Prevent incompatible development of areas that should be reserved or regulated for scenic, historic, conservation or public health and safety purposes. Conserve and encourage the use of appropriate forms of vegetation and sensitive grading techniques needed to: (a) prevent erosion, siltation and flooding, (b) protect air and water resources, and (c) protect and enhance visual resources. Preserve natural resources by: protecting fish, wildlife, and vegetation habitats; retaining the natural character of waterways, shoreline features, hillsides, and scenic areas and viewpoints; safeguarding areas for scientific and educational research; respecting the limitations for air and water resources to absorb pollution; encouraging legislation that will assist logically in preserving these resources and, protecting archeological and paleontological resources. Preserve the identity of those areas of the City with unique topographic features and establish proper soil management techniques to eliminate or minimize adverse and unsafe soil conditions. Use the Williamson Act. land dedication, scenic easements, or open space easements to preserve unique and special resources in the City. Participate in the statewide and regional plans (the state of California's Natural Community Conservation Planning (NCCP), efforts with SANOAG and other north county cities in the preparation of a North County Wildlife Forum Multi-species Habitat Conservation Plan), to conserve sensitive environmental resources. C.23 C.24 C.25 C.26 C.27 C.28 C.29 C.30 C.31 C.32 c.33 Coordinate planning and development of a citywide open space system with habitat planning efforts includinrr the citv's Habitat Manauement Plan. Minimize the encroachment of development into wetland and riparian areas. Coordinate the protecttbn of wetlands, woodlands, riparian areas, and other sensitive habitat areas with appropriate state and federal protection agencies. Encourage and participate in regional planning efforts to protect environmentally sensitive species from extinction. Require adequate buffers between new development and environmentally sensitive habitats. Locate trails and other passive recreational features with care to minimize impacts to sensitive habitats. Support innovative site design techniques such as cluster-type housing and transfer- of-development-rights to preserve sensitive environmental resources and to allow development proiects to comdv with the city's Habitat Manaaernent Pian. Require private development which impacts sensitive resources to provide appropriate mitigation measures as identified in the citv's Habitat Management Plan, so that the existing biodiversity within the City is maintained. Amend extsting ordinances to specifically indicate that the environmental values of floodplains will be protected. Amend existing ordinances as necessary to ensure adequate buffers are provided around floodways, wetlands, riparian areas, woodlands and other sensitive environmental resources. Assure that, at minimum, there is no net loss of wetlands acreage or value, and the net gain of wetlands acreage is the long- term goal of the City. C.34 Require all develomnent proiects to cornplv with the citv's Habitat Manaaement Plan. C.35 Implement the city's Habitat Manaaement Plan includinu makinu all necessary chanaes to apRlicable city ordinances. TRAIUGREENWAY SYSTEM Page 28