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HomeMy WebLinkAbout2017-06-07; Planning Commission; Resolution 7250 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 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE GENERAL PLAN OPEN SPACE, CONSERVATION, AND RECREATION ELEMENT AND THE CITYWIDE FACILITIES AND IMPROVEMENT PLAN TO AMEND THE GROWTH MANAGEMENT PERFORMANCE STANDARD FOR PARKS, PURSUANT TO THE GENERAL PLAN LAWSUIT SETTLEMENT AGREEMENT, DATED MARCH 14, 2017. CASE NAME: GMP PARKS PERFORMANCE STANDARD AMENDMENT CASE NO: GPA 2017-0002/OAJ 17-0004 (PUB17Y-0011) WHEREAS, the City Planner has filed a verified application with the City of Carlsbad for a General Plan Amendment and Citywide Facilities and Improvement Plan Amendment for the purpose of amending the Parks performance standard of the Growth Management Plan (“project”), which affect properties citywide; and WHEREAS, the Growth Management Plan performance standard for Parks is contained in the General Plan Open Space, Conservation, and Recreation Element, and the Citywide Facilities and Improvement Plan; and WHEREAS, the Growth Management Plan performance standard for Parks contains a minimum service level for park facilities, and if the service level is not met, the standard specifies a timing requirement and a dwelling unit threshold requirement for providing additional park facilities; and WHEREAS, on March 14, 2017 a Settlement Agreement between the City of Carlsbad and North County Advocates was enacted, and section 4.3.1 of the agreement requires that within six months of the above date the City Council shall consider, and if approved, amend the Growth Management Plan Parks performance standard to remove the 1,562 dwelling unit limit and to provide that the five-year timing requirement for scheduling a park for construction shall commence on the date the City Council approves this amendment; and WHEREAS, said verified application constitutes a request for a General Plan Amendment and Citywide Facilities and Improvement Plan Amendment as shown on Exhibit A dated June 7, 2017, attached hereto and on file in the Carlsbad Planning Division, GPA 2017-0002/OAJ 17-0004 – GMP PARKS PLANNING COMMISSION RESOLUTION NO. 7250 PC RESO NO. 7250 -2- 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 PERFORMANCE STANDARD AMENDMENT, as provided in Government Code Section 65350 et. seq. and Section 21.52.150 of the Carlsbad Municipal Code; and WHEREAS, the Planning Commission did, on June 7, 2017, 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, and Citywide Facilities and Improvements 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 GPA 2017-0002/OAJ 17-0004 – GMP PARKS PERFORMANCE STANDARD AMENDMENT, based on the following findings: Findings: 1. The Planning Commission finds that the project is in conformance with the elements of the city’s General Plan, based on the facts set forth in the staff report dated June 7, 2017, including but not limited to the following: that the proposed amendment does not conflict with the goals and policies of the General Plan, including policies that require compliance with the Growth Management Plan. 2. That the project is necessary to implement section 4.3.1 of the General Plan lawsuit Settlement Agreement enacted on March 14, 2017 between the City of Carlsbad and North County Advocates. 3. That the amendment will not limit the city’s ability to provide public facilities concurrent with city growth as required by the Growth Management Plan, and it helps ensure that parkland is added to the city inventory in a timely manner if a service level deficit is identified. Therefore, the proposed amendment is consistent with the Growth Management Plan in that it does not conflict with the performance standards that ensure public facilities and services keep pace with development; and it is consistent with a purpose and intent of the plan. 4. The five-year timing requirement for scheduling a park for construction in the southwest and southeast quadrants shall commence on the date the City Council approves this amendment. 5. The project does not conflict with the Citywide Facilities and Improvements Plan and all city public facility performance standards that are not proposed to be amended (i.e., performance standards for city administrative facilities, drainage, fire, library, open space, parks, schools, sewer collection, wastewater treatment capacity and water distribution system). PC RESO NO. 7250 -3- 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 6. That the City Planner has determined that it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment in that the project is exempt from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c). Minor municipal code and other similar amendments which refine or clarify existing land use standards are considered not to have a significant effect on the environment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad, California, held on June 7, 2017, by the following vote, to wit: 3 AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts, 4 Montgomery, Rodman and Siekmann 5 NOES: 6 ABSENT: 7 8 ABSTAIN : 9 10 11 JEFF SEGALL, Chairperson 12 CARLSBAD PLANNING COMMISSION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATIEST: ~~ DON NEU City Planner PC RESO NO. 7250 -4-