HomeMy WebLinkAbout1987-10-27; City Council; 9198; Adding provisions to PC zone(Park & open space)CI- OF CARLSBAD - AGENCBILL
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ZONE CODE AMENDMENT ADDING PROVISIONS TO THE PC ZONE REGARDING PARKS AND OPEN SPACE CITY OF CARLSBAD - ZCA - 198
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RECOMMENDED ACTION: That the City Council APPROVE the Negative Declaration issued by the Planning Director and introduce Ordinance No. 983&
APPROVING ZCA-198.
ITEM EXPLANATION
During their review of the Land Use Element of the General Plan the Citizens Land Use Committee formulated several recommendations regarding parks and open space as follows:
1) That Master Plan developments provide parks sooner and
that conceptual park plans be submitted with the Master
Plan.
2) That Master Plans address four types of open space:
1) preservation of natural resources; 2) managed
production of resources; 3) outdoor recreation, and 4)
public health and safety.
Following adoption of these recommendations by Council, staff
drafted a proposed amendment to the P-C (Planned Community) Zone. As proposed the attached Ordinance would require that four types of open space be addressed in a Master Plan as described
above, and requires submittal of a program depicting how open space areas shall be preserved.
In addition, the ordinance would require that the developer enter into an agreement with the City prior to final approval of the
Master Plan. The developer would agree to dedicate all required
park land prior to the adoption of the first final map.
Currently park land is acquired in increments with each final
map and it may take years to acquire a full park site.
The Ordinance also requires that an environmental analysis be done for any park land proposed for dedication prior to the acceptance. This would ensure that the City doesn’t receive constrained park land. The developer is also required to submit a preliminary park plan with ball fields and other facilities to show the land offered for park purposes can be fully utilized.
This ordinance has had several drafts and was continued by the Planning Commission so that several developer representatives could review the proposed ordinance to see if it made Master Plan development infeasible. The major issues centered around the
time of park dedication. The original draft required dedication
with the Master Plan. A compromise was reached which permitted dedication with the first final map. This would still provide the City with park land prior to the development of any units.
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Page Two of Agenda Bill No. 7 I ?y
The Planning Commission recommended approval unanimously at their meeting of May 20, 1987. For further information please see the attached reports to the Planning Commission.
ENVIRO"!J!AL IMPACT
The Planning Director has determined that this project will not cause any significant environmental impacts and, therefore, has
issued a Negative Declaration, dated March 14, 1987, which was
approved by the Planning Commission on May 20, 1987. A copy of
the environmental documents is on file in the Planning
Department.
FISCAL IMPACT
There would be no direct fiscal impacts from the proposed
ordinance. Long term and indirect effects will save the City
time and money in that developers will be required to provide an
environmental analysis and preliminary development plans for
parks which would normally be funded by the City.
EXHIBITS
1) Ordinance No. 9?-?p
2) Planning Commission Resolution No. 2627
3) Planning Commission Staff Reports, dated March 18, 1987 and
May 20, 1987
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ORDINANCE NO. 9838
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21, CHAPTER 38, SECTION 060,
OF THE CARLSBAD MUNICIPAL CODE BY ADDING TO SUBSECTIONS 1
and 2 AND ADDING SECTION 5 TO PROVIDE NEW PROVISIONS
REGARDING MASTER PLAN COMMUNITY PARKS REQUIREMENTS AND
TIMING AND TO INCLUDE PROVISIONS THAT ALL MASTER PLANS
ADDRESS FOUR SEPARATE CATEGORIES OF OPEN SPACE.
The City Council of the City of Carlsbad, California, doe
ordain as follows:
SECTION 1: That Title 21, Chapter 38, of the Carlsbad
Municipal Code is amended by the addition of the following sentencl
as underlined to Subsection 060(1)(C) to read as follows:
21.38.060(1)(C). An integrated open space program that i
at least fifteen percent of the total master planned area is
required, except that the City Council may reduce this amount if
the proposed open space is found to be adequate and is integrated
with a proportional amount of offsite open space. This open space
program shall address four separate categories of open space
includina:
(i) Open space for the preservation of natural
resources,
(ii) Open space for the managed production of
resources,
T'iii) Open space for outdoor recreation, and
(iv) Ooen soace for oublic health and safetv.
Land uses considered as open space for purposes of this
chapter are properties that are publicly or commonly owned for the
benefit and use of the public or residents of the community such a:
parks, recreation facilities, greenbelts that are at least twenty-
feet wide, natural areas that are at least ten thousand square feel
in area, bikeways and pedestrian paths. These areas are to be
indicated in the master plan and not used for any other
purpose.
SECTION 2: That Title 21, Chapter 38, of the Carlsbad
Municipal Code is amended by the addition of the following sentencc
as underlined to Subsection 060(2)(A) to read as follows:
21.38.060(2)(A). A description of each type of land use
by acre and area indicating the number and type of anticipated
dwelling units in each of the residential areas, anticipated uses
in the commercial, industrial zones and the land area for parks,
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21.38.060(5). Park land dedications may be required as a
condition of all Master Plans. All park land required shall be
dedicated upfront, concurrent with the approval of the first final
map within the Master Plan area. Prior to dedicating park land
over to the City, the Master Plan applicant shall be required to
submit the following information to the City:
acreage of the park site on the land use map and shall also include a discussion of the park in the Master Plan text. Prior to final
adoption of the Master Plan the applicant shall enter into a
recordable agreement with the City, and agreeable to the City,
which generally depicts the location of the park site on a map and
also contains provision whereby the developer agrees to dedicate
the described park area when required under this section.
8) This park area shall be dedicated to the City prior to the adoption of the first final map within the master plan area.
C) The master plan shall include the location of the
park, a biological and soils analysis of the site along with a
cultural resources inventory and any other environmental reports as
may be required by the Planning Director, and a conceptual
development plan of the park to the satisfaction of the Parks and
Recreation Director.
statement as to whether or not the park site has ever been used fo
the disposal or storage of toxic wastes pursuant to Sec+*on 25300 et. seq. of the Health and Safety Code.
A) The.Master Plan shall identify the location and
D) The applicant shall also provide, in writing, a
schools, common open area and other public facilities and community
services. For each of the open space categories identified in
Subsection 21.38.060(1)(C), the Master Plan text shall also include
a description of the resource type/environmental constraint being
reserved or avoided or the tvDes of recreational facilities .. fproposed within recreational open space areas, and a program for preserving and/or maintaining the open space areas.
SECTION 3: That Title 21, Chapter 38, of the Carlsbad
Municipal Code is amended by the addition of Subsection
21.38.060(5) to read as follows:
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 27th day of - ktober 9
1987, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 3rd day of November , 1987, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
CLAUDE A. LEWIS, Mayor
ATTEST:
(SEAL)
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE COD
AMENDMENT, AMENDING TITLE 21, CHAPTER 28, SECTION 060, OF
THE CARLSBAD MUNICIPAL CODE, BY THE ADDITION TO
SUBSECTIONS ONE AND TWO AND THE ADDITION OF SUBSECTION 5
TO PROVIDE NEW PROVISIONS REGARDING MASTER PLAN COMMUNIT
PARKS REQUIREMENTS AND TIMING AND TO INCLUDE PROVISIONS
THAT ALL MASTER PLANS ADDRESS FOUR SEPARATE CATEGORIES 0
OPEN SPACE.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-198
PLANNING COMMISSION RESOLUTION NO. 2627,
WHEREAS, the Planning Commission did, on the 20th day of
May, 1987, hold a duly noticed public hearing as prescribed by la
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 Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission 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 ZCA-198, according to
Exhibit rlA'r, dated March 18, 1987 attached hereto and made a
part hereof, based on the following findings:
Findinas:
1) The proposed amendments would:
a) Ensure that park land would be available to the City for
b) Allow the City to make a more informed decision on wheth
development as the need arises,
or not to accept the proposed dedicated land based upon
the required constraints analysis, and
c) Allow the 'City the opportunity to conceptually identify
the viability and potential opportunities of the site fo
a park prior to acquiring it based upon the requirement
a conceptual park site development plan.
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2) The proposed amendment would help to ensure that all open
space categories are adequately considered and provided for
in Master Plan developments.
3) The project will not cause any significant environmental
impacts and a Negative Declaration has been issued by the
Planning Director on March 14, 1987 and recommended for
approval by the Planning Commission on May 20, 1987.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
'lanning Commission of the City of Carlsbad, held on the 20th day
Df May, 1987, by the following vote, to wit:
AYES: Chairman Marcus, Commissioners McBane, McFadden,
Holmes, Hall, Schlehuber & Schramm.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CUS, Chairman
PLANNING COMMISSION
ITTEST:
4&w
IICHAEL 3. HDLZMJYLER
'LANNING DIRECTOR
)C RES0 NO. 2627 -2-
7
STAFF REPORT
DATE: MARCH 18, 1987
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA-198 - CITY OF CARLSBAD - An amendment to the Planned
Community (PC) zone of the Zoninq Ordinance (1) to add
new provisions regarding Master plan community parks
requirements and timing, and (2) to include provisions
that all Master Plans be required to address four
separate categories of open space as identified by the
Citizens Committee for the review of the Land Use
Element of the General Plan.
I. HECOMMENDATION
That the Planning Commission recommend APPROVAL of the Negative
Declaration issued by the Planning Director and ADOPT Resolution
No. 2627 recommending APPROVAL of ZCA-198 based on the findings
contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
In July of 1985, the Citizens Committee for the review of the
Land Use Element of the Carlsbad General Plan formulated several
recommendations with regard to parks and open space. This staff
report specifically addresses two recommendations as discussed
below, of the Citizens Committee regarding parks and open space
requirements vis-a-vis the P-C (Planned Community) zone.
The first recommendation would "require Master Plan developments
to provide parks sooner and to develop conceptual park plans as
part of the Master Plan application processv1. It was the opinion
of the Citizens Committee that implementation of this requirement
would help to ensure the achievement of the Cityls parks goals.
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The second recommendation would require that all of the Master
Plans address four separate categories of open space including:
A) Open space for the preservation of natural resources;
B) Open space used'for the managed production of
C) Open space for outdoor recreation; and
D) Open space for public health and safety.
resources;
This recommendation was based upon the Citizens Committee's
belief that all four categories of open space are important and
that in accordance all Master Plans should be required to address the provision of each of these open space types.
111. ANALYSIS
Discussion
The proposed zone code amendment would make several important
additions to Chapter 21.38, P-C (Planned Community) zone, of
Carlsbad's Zoning Ordinance, with regard to parks and open space
requirements. Exhibit ''A" includes the specific P-C zone
revisions as recommended by staff.
The first change (the addition of Subsection 21.38.060(5) would
stipulate that when park land dedications are required as a
condition of a master planned project, that the park land be
dedicated to the City of Carlsbad up front upon approval of the
Master Plan as proposed. This revision would ensure that park
land would be available to the City for development as the need
arises. It is also noted here that the Parks Commission is
supportive of this provision.
Staff also recommends including two additional provisions to the
P-C zone with regard to park land dedication and development.
The first provision (the addition of Subsection 21.38.060(5)(A))
would require that prior to dedicating the park land over to the
City, the applicant should prepare and submit to the City an
opportunity and constraints analysis for the park site. This
analysis would include a detailed evaluation of geology and
soils, biological and cultural resources, hydrology, public
facilities and access. It is staff's opinion that by requiring
this analysis upfront, the City would be better able to determine
whether the proposed park site is acceptable relative to
environmental constraints. Recent experience with soils problems
at Calavera Hills Park and Stage Coach Park has shown that having
these studies upfront may have allowed the City to make a more
informed decision on whether or not to accept the proposed
dedicated land.
The second provision (the addition of Subsection 21.38.060(5)(6)
would require the Master Plan applicant to prepare a conceptual
development plan for the park site as part of the Master Plan
review process. This plan would be subject to the approval of
the Parks and Recreation Director/Parks Commission. This
provision would allow the City the opportunity to conceptually
identify the viability and potential opportunities of the site
for a park prior to acquiring it through dedication.
Implementation of both of these provisions would ultimately
function to; (1) identify whether the park site is acceptable
from a constraints and use perspective, and (2) provide the City
a preliminary approximation of cost to complete improvements to
the park site.
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The other Citizens Committee recommended change to the P-C zone
would require that all Master Plans address four separate
categories of open space. These categories include:
A) Open space for the preservation of natural resources;
B) Open space used for the managed production of
C) Open space for outdoor recreation; and
D) Open space for public health and safety.
resources;
Staff reccomends that this provision be added to Subsection
21.38.060(1)(C).
Each of these open space types will be specifically defined
within the Land Use Element of the General Plan. With regard to
how each category should be addressed through the P-C zone, staff
recommends that provisions be included requiring that all Master
Plans identify each category of open space textually and
graphically within the Master Plan.
The text shall specifically include; (1) calculated acreages of
each open space category, (2) a description of specific resource
type or environmental constraint being preserved or avoided, the
types of open space uses proposed within recreation areas, and
(3) a program for preserving and/or maintaining open space areas
as proposed.
Staff recommends that these requirements be addressed through
the addition of such a provision to Subsection 21.38.060(2)(A).
Staff believes that the implementation of this addition to the P-
C zone will help to ensure that all open space categories are
adequately considered and provided for in Master Plan
developments, as well as providing a means for inventorying open
space resources within master planned areas Citywide.
IV. ENVIRONMENTAL REVIEW
The Planning Director has determined that this project will not
have a significant impact on the environment and, therefore, has
issued a Negative Declaration on March 14, 1987.
ATTACHMENTS
1) Planning Commission Resolution 2627
2) Environmental Document
CDD:bn
10/16/86
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PLANNING DEPARTMENT
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__ 2075 LAS PALMAS DRIVE
CARLSBAD, CALIFORNIA 92009-4859 b
(619).438-1161
Cltp o€ 4Carls’bab
NEGATIVE DECLARATION
PROJECT ADDRESS/LOCATION: City of Carlsbad.
PROJECT DESCRIPTION:
of the Zoning Ordinance to include new provisions regarding Master
Plan community parks requirements and timing and to include new
provisions that all Master Plans address four separate categories of
open space.
An amendment to the Planned Community (PC) zone
The City of Carlsbad has conducted an environmental review of the
above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad. As a result of said
review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the
subject project. Justification for this action is on file in the
Planning Department.
A copy of the Negative Declaration with supportive documents is on
file in the Planning Department, 2075 Las Palmas Drive, Carlsbad, CA.,
92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within ten (IO) days of date of
issuance.
DATED: March 14, 1987
CASE NO: ZCA-198
APPLICANT: City of Carlsbad
PUBLISH DATE: March 14, 1987
Planning Director
ND4
11/85
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MEMORANDUM
DATE: MAY 20, 1987
TO: PLANNING COMMISSION
FROM: PLANNING DEPARTMENT
SUBJECT: ZCA-198 - CITY OF CARLSBAD - An amendment to the Planned
Community (PC) zone of the Zoning Ordinance (1) to add
new provisions regarding Master Plan community parks
requirements and timing, and (2) to include provisions
that all Master Plans be required to address four
separate categories of open space as identified by the
Citizens Committee for the review of the Land Use
Element of the General Plan.
At the meeting of March 18, the Planning Commisson continued ZCA-
198, so that staff could do more research on Section 21.38.060(5)
of the proposed ordinance amendment. This item was also
continued on April 1 and May 6. As the Commission may recall the
original recommendation required the dedication of parks at the
time of master plan approval. Staff would recommend that this
section be modified as follows:
21.38.060(5). Park land dedications shall be required
as a condition of all master plans unless it is
determined that dedication is infeasible by the City
Council.
A) The Master Plan shall identify the location and
acreage of the park site on the land use map and shall
also include a discussion of the park in the Master Plan
text. Prior to final adoption of the Master Plan the
applicant shall enter .into a recordable agreement with
the City, and agreeable to the City, which generally
depicts the location of the park site on a map and also
contains provision whereby the developer agrees to
dedicate the described park area when required under
this section.
B) This park area shall be dedicated to the City prior
to the adoption of the first final map within the master
plan area. C) The master plan shall include the location of the
park, a biological and soils analysis of the site along
with a culture resources inventory and any other
environmental reports as may be required by the Planning
Director, and a conceptual development plan of the park
to the satisfaction of the Parks and Recreation
Director.
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D) The applicant shall also provide, in writing, a
statement as to whether or not the park site has ever
been used for the disposal or storage of toxic wastes
pursuant to Section 25300 et.. seq. of the Health and
Safety Code,
Basically, the above changes require that the developer enter
into an agreement with the City at the time of Master Plan
approval promising to dedicate the park area prior to the first
final map, Actual dedication would occur sometime between the
adoption of the tentative map and approval of a final map.
The agreement was the only way staff could find to ensure getting
the park area upfront (at the Master Plan level) as requested by
the Citizen's Committee. Dedication or an open space easement
was unworkable that early in the process because both require a
legal description. Precise locations and legal descriptions are
not usually available until the project has been engineered. The
finer engineering occurs during the tentative map process. In
summary, the agreement would guarantee park dedication up front
and the park would be dedicated prior to approval of the first
tentative map in the Master Plan. All other aspects of the Zone
Code Amendment in the proposed Ordinance remain the same.
ATTACHMENTS
I) Planning Commission Resolution No. 2627
2) Staff Report, dated March 18, 1987
CG:bn
3/25/87
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NOTICE OF PUBLIC HEARING
ZCA-198
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad, California, will
hold a public hearing at the City Council Chambers, 1200 Elm Avenue, Carlsbad, California,
at 6:OO P.M., on Tuesday, October 27, 1987, to consider a Zone Code Amendment to provide
new provisions regarding master plan community park requirements and timing and to
include provisions that all master plans address four separate categories of open space.
If you have any questions regarding this matter, please call the Planning Department at
438-1161.
If you challenge the Zone Code Amendment in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City of Carlsbad City Clerk's Office at or prior
to the public hearing.
APPLICANT: City of Carlsbad
PUBLI SH : October 16, 1987 CARLSBAD CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad willholdapublichearingattheCityCouncilChambers, 1200ElmAvenue,
Carlsbad, California, at 6:OOp.m. OnWednesday, April 1, 1987, toconsider
approvalofaZoneCodeAmendmenttoprovidenewprovisionsregardingmaster plan community park requirements and timing and to include pravisions that all master plans address four separate categories of open space.
Thosepersonswishingtospeakonthisproposalareco~iallyirrvitedtoa~
the public hearing. If you have any questions please call the Planning
Department at 438-1161.
If you challenge the Zone Code Amendment in court, you may be limited to
raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the City of
Carlsbad at or prior to the public hearing.
CASE FILE: ZCA-198
APPLICANT: CITY OF CARLSBAD
PUBLISH : March 21, 1987
CITY OF CARLSBAD PLANNING COMMISSION