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Home My WebLink About2002-03-12; City Council; 16687; Amendments to the General Plan in 2002CITY OF CARLSBAD - AGENDA BILL m# 16,687 SPACE, CONSERVATION AND OPEN SPACE ELEMENTS OF FIRST AMENDMENT TO THE LAND USE, OPEN COMMONLY KNOWN AS CALAVERA HILLS PHASE II (GPA SHOPPING CENTER REDESIGNATIONS (GPA 01 -06) 1TG. 3-12-02 THE GENERAL PLAN IN 2002 FOR PROPERTIES IEPT. CA 99-03), NPDES STORMWATER UPDATE (GPAOI-15) AND I 1 DEPT. HD. CITYATTY. @? CITY MGR. RECOMMENDED ACTION: That the City Council adopt Resolution No. 2002-084 approving amendments to the Land Use, Open Space, Conservation and Open Space Elements of the General Plan in 2002, for properties commonly known as Calavera Hills Phase 11, NPDES Stormwater Update and Shopping Center Redesignations. ITEM EXPLANATION: State law allows a mandatory element of the General Plan to be amended no more than four times per year. Each amendment, however, may include more than one change to the General Plan. In this case, there are three changes to the Land Use Element and one change to the Open Space, Conservation and Circulation Elements of the General Plan to provide for designations for the proposed development commonly known as Calavera Hills Phase II, the NPDES Stormwater protection permit requirements, and Shopping Center Redesignations. This action will result in consistency between the General Plan and the zoning, development and stormwater protection permits required for these and future projects. The duly noticed public hearing for the Calavera Hills Phase It (GPA 99-03) project was held on January 15, 2002; the duly noticed public hearing for the NPDES Stormwater Update was held on February 19, 2002 and the duly noticed public hearing for Shopping Center Redesignations was held on March 5, 2002. At its meeting of January 15, 2002, the City Council approved the General Plan amendment for the Calavera Hills Phase II project and directed the City Attorney to prepare the documents formally approving this amendment (as shown in Resolution No. 2002-016), with the other changes identified in this agenda bill. The formal resolution of approval is attached and recommended for approval. At its meeting of February 19,2002, the City Council approved the General Plan amendment for the NPDES Stormwater Update and directed the City Attorney to prepare the documents formally approving this amendment (as shown in Resolution No. 2002-061) with the other changes identified in this agenda bill. The formal resolution of approval is attached and recommended for approval. At its meeting of March 5, 2002, the staff recommended and Council accepted the recommendation of the Planning Commission in its Resolution No. 5105 (Shopping Center Redesignations GPA 01-06) with the following exceptions: Agenda Bill No. 16,687 Page 2 1. No. 12, Sunny Creek Plaza, is not redesignated Local Shopping Center exclusive use and, instead, referred to staff to analyze alternative General Plan and zoning designations with consideration for combined use of commercial and residential. The Council finds that this approximately 17 acre site, when considered with the local shopping center designation on the Robertson Ranch, may provide too much potential commercial space to serve the surrounding neighborhoods and that a combination of commercial and residential uses may be more appropriate. 2. No. 16, SmithNValsh property, should be designated residential since that use is more compatible with the existing surrounding neighborhood and that this approximately 5 acre parcel is too small to support Commercial or Commercial Visitor-Serving uses. Therefore, the Planning Director is directed to process and make recommendations for an appropriate residential land use designation through the Planning Commission and return to the City Council for adoption without delay. FISCAL IMPACT: Calavera Hills Phase II: All required improvements needed to serve the project will be funded by the developer. The Facility Financing Section of the Zone 7 Local Facilities Management Plans lists the financing techniques used to guarantee the public facilities needed to serve development. A report titled, “Fiscal Impact Analysis of Master Plan Amendment 150(H) and Related Documents, dated December 20, 2000 evaluates the revenue generated by the project and the costs of providing services to it. At building, estimated expenditures from the general fund to provide public services to the project would exceed estimated revenues by approximately $254,800 per year. The report was previously distributed and copies are on file in the Planning Department, both libraries, and in the office of the City Clerk. NPDES Stormwater Update: The fiscal impacts to the City of Carlsbad, as a result of the revised NPDES regulations, are unknown at this time. No changes in funding are being requested at this time. The amendments proposed are required by the revised NPDES permit Order 2001-01. If the amendments are not approved by the local agency by February 21, 2002, the local agency may be subject to fines for non-compliance. The City appropriated $1.6 million from the General Fund in FY 01-02 for the City’s NPDES program, which included a one-time cost of $773,389 to develop the new NPDES program and $826,611 for ongoing operations and maintenance. These costs will be reviewed as part of the NPDES program development and the budget for FY 02-03. The fiscal impacts resulting from amending the General Plan, Zoning Ordinance, Grading Ordinance and Local Coastal Program are anticipated to be recovered through application fees, permits fees and inspections fees. The amendments to the Stormwater Ordinance will allow the City to impose fines on violators of the NPDES permit as required by the permit. The City is in the process of soliciting proposals from consultants to assist staff in identifying various sources of funding to fund the NPDES program to minimize future impacts to the General Fund. 2 Agenda Bill No. 16*687 Page 3 ShOppinCl Center Redesianations: As part of the agenda bill for the earlier general plan amendment on the new shopping center policy framework (GPA 00-04), the Finance department provided the following observations which also pertain to the current actions: “The Finance Department has undertaken an informal evaluation and believes that the General Plan amendment will not significantly affect the City’s ability to meet future expenditure needs. The future fiscal health of the City is dependent on a variety of factors in addition to land use decisions. Those factors include the economic makeup and diversity of its tax base and the stability of the allocation of its revenues. Various threats to City revenues have arisen over the years, usually based on redistributions of taxes or tax cuts (i.e.. the property tax reallocations in the eariy go’s, the threat to change sales taxes to a per capita basis and the recent reductions in the vehicle license fees). To the extent that there are no wholesale changes in the allocation formulas or tax rates for these revenues, the City should remain in a fiscally sound position. However, should the state choose to change the allocation formulas or tax rates on any of our key revenue sources, the long-term fiscal health of the City could be threatened. Protection of the existing revenue streams is critical to the City’s long-term fiscal health. However, since this land use decision is not expected to significantly affect future revenue streams, the decision can be made on the merits of the land use effects of the policy alternatives without also factoring in fiscal effects.” ENVIRONMENTAL REVIEW: Calavera Hills Phase II: A PElR was processed addressing all necessary approvals needed to develop the project. The report was found by staff and the Planning Commission to have been prepared in compliance with City and state regulations. After the implementation of all proposed mitigation measures, the project would result in a significant direct impact for landform alteration. The project has all significant impacts outlined with corresponding mitigation measures established. Overriding considerations are proposed for adoption for the significant unmitigated direct and cumulative impacts and are contained in Planning Commission Resolution No. 51 12 along with the Candidate Findings of Fact. NPDES: The Planning Director has determined that this project is exempt from environmental review because it is a regulatory action instituting policies, standards, requirements and procedures for the protection of the environment (Section 15308 of CEQA and section 13389 of the Water Code, the Porter-Cologne Water Act). A Notice of Exemption will be filed by the Planning Director upon project approval. ShODDinq Center: The Planning Director issued a Negative Declaration for the proposed project. The document was noticed in the newspaper and to a list of known interested parties and property owners for review. Two letters of comment were received and they are attached to the Planning Commission staff report and the responses are contained within the environmental section of the staff report. EXHIBIT: 1. Resolution No. 2002-084 3 RESOLUTION NO. 2002-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST GENERAL PLAN AMENDMENT OF 2002 CONSISTING OF THREE CHANGES TO THE GENERAL PLAN FOR PROPERTIES COMMONLY KNOWN AS CALAVERA HILLS PHASE I1 (GPA 99-03). NPDES STORMWATER UPDATE (GPA 01-15), AND SHOPPING CENTER REDESIGNATIONS (GPA 01-06) APPLICANT: CITY OF CARLSBAD CASE NO.: FIRST GENERAL PLAN AMENDMENT WHEREAS, pursuant to Government Code section 65358 and pursuant to the provisions of the Carlsbad Municipal Code, the Planning Commission did on December 5,2001 (GPA 01-06). December 19,2001 (GPA 99-03), January 2,2002 (GPA 99-03 AND GPA 01-15), and hold duly noticed public hearings as prescribed by law to consider the General Plan Amendment and recommended its approval; and WHEREAS, the Planning Commission adopted Resolution Nos. 51 13, 5129 and 5105 recommending approval of the three General Plan Amendments: and WHEREAS, the City Council on January 15,2002. February 19,2002 and March 5, 2002, held duly noticed public hearings to consider the Planning Commission’s recommendations and to hear all persons interested in the proposed changes to the General Plan and the related environmental review; and WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the proposed changes to the General Plan GPA 99-03. GPA 01-15 and GPA 01-06 into a single amendment constituting the first General Plan Amendment of 2002. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That this is one of the four permitted amendments to a mandatory element of the General Plan consisting of three changes as follows: a. That the Land Use Element of the General Plan for the project commonly known as Calavera Hills Phase II is amended as shown on Exhibit GPA 99- 03 attached hereto as Exhibit "A. b. That the Open Space, Conservation and Circulation Elements of the General Plan to add new water quality protection policies consistent with the San Diego Regional Water Quality Control Board San Diego Municipal Stormwater Permit (Order No,. 2001-01). is amended as provided in City Council Resolution No. 2002-061 (on file in the office of the City Clerk). c. That the Land Use Element of the General Plan on 15 properties located in various parts of the City to bring them into conformance with the General Plan's new policy vision for the location and number of shopping centers is amended as shown on the attached Exhibits B-I through B-IO marked GPA 01-06, and as provided in City Council Resolution No. 2002-071 (on file in the office of the City Clerk). 3. The Planning Director is directed to analyze alternative General Plan and zoning designations for the Sunny Creek Plaza with consideration for combined commercial and residential uses and present his report and recommendation to the Planning Commission for a recommendation to the City Council without delay. 4. The Planning Director is directed to process and make recommendations for an appropriate residential and use designation for the SmithNValsh property through the Planning Commission and return to the City Council for adoption without delay. 5. EFFECTIVE DATE: This resolution shall be effective upon its adoption, except as to the General Plan Amendment, which shall be effective thirty (30) days following its adoption. Page 2 of 3 of Resolution No. 2002-084 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 12th . day of MARCH ,2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT:. Council Member (SEAL) Page 3 of 3 of Resolution No. 2002-084 6 UI n-n EXISTING I 1 I PROPOSED I CALAVERA HILLS PHASE II GPA 99-03 7 EXHIBIT A PROPERTY #1 8 #2 I CARLSBAD PLAZA NORTH & SOUTH GPA 01-06 EXHIBIT B-1 PROPERTY #3 8 #3 PLAZA PASEO REAL & WEST BLUFF PLAZA GPA 01-06 EXHIBIT B-2 PROPERTY #5 6 #6 LA COSTA PLAZA & LA COSTA TOWN CENTER GPA 01-06 lo EXHIBIT 8-3 PROPERTY #7 POINSETTIA PLAZA & SMITH/WALSH PROPERTY GPA 01-06 EXHIBIT 8-4 PROPERTY #8 VON'S AT TAMARACK AVE. GPA 01-06 EXHIBIT B-5 PROPERTY #9 & #11 THE COUNTRY STORE & ROBERTSON RANCH GPA 01 -06 /3 EXHIBIT B-6 PROPERTY #10 CALAVERA HILLS VILLAGE E-I GPA 01-06 EXHIBIT B-7 PROPERTY #13 BRESSI RANCH SITE GPA 01-06 15 EXHIBIT 8-8 PROPERTY #14 6. #15 MAG PROPERTIES, RANCHO LA COSTA VILLAGE & TIENDA DE LA ESQUINA GPA 01-06 EXHIBIT B-9 PROPERTY #17 THE PAVILION GPA 01 -06 i7 EXHIBIT B-10