HomeMy WebLinkAbout2002-11-12; City Council; 16965; Land Use And Open Space Conservation AmendmentCITY OF CARLSBAD -AGENDA BILL
AB# 16,965 DEPT. HD. TITLE: SECOND AMENDMENT IN 2002 TO THE GENERAL
PLAN LAND USE AND OPEN SPACE CONSERVATION
MTG. 11-12-02
CHURCH OF JESUS CHRIST LDS (GPA 01-13), BRESSI
ELEMENTS FOR PROJECTS COMMONLY KNOWN AS
97-05)
CITY ATTY.
DEPT. PLN RANCH (GPA 98-03), AND CARLSBAD OAKS NORTH (GPA CITY MGR
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RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2002-326 , APPROVING the second
amendment to the Land Use Element and Open Space and Conservation Element of the General
Plan in 2002, for projects commonly known as the Church Of Jesus Christ - LDS - GPA 01-13;
Bressi Ranch - GPA 98-03; and Carlsbad Oaks North Specific Plan - GPA 97-05.
ITEM EXPLANATION:
State law allows a mandatory element of the General Plan to be amended no more than four times
per year. The mandatory elements are Land Use, Circulation, Housing, Open Space, Noise, Safety,
and Conservation. Each amendment to a mandatory element, however, may include more than one
change to the General Plan. In this case, each of the three projects that make up this second
amendment to the General Plan proposes a change to the Land Use Element and a change to the
Open Space and Conservation Element. The recommended action to approve this second
amendment would formally adopt these changes and result in consistency between the General Plan
and zoning and the permits required for these projects.
The duly noticed public hearing for the Church of Jesus Christ - LDS project was held on June 25,
2002; the duly noticed public hearing for the Bressi Ranch project was held on July 9, 2002; and the
duly noticed public hearing for the Carlsbad Oaks North Specific Plan project was held on October 8,
2002.
At its meeting of June 25, 2002, the City Council approved the General Plan amendment for the
Church Of Jesus Christ - LDS project. This amendment would adjust the General Plan Open Space
boundary on the project site to coincide with the limits of a drainage channel and wetland habitat. As
approving this amendment (as shown on Resolution No. 2002-191) and the other amendments
part of its approval, the City Council directed the City Attorney to prepare the documents formally
identified in this agenda bill. The formal resolution of approval is attached and recommended for
approval.
At its meeting of July 9, 2002, the City Council approved the General Plan amendment for the Bressi
Ranch project. This amendment would either adjust or change the General Plan land use
designations of the 585-acre project site to enable (1) the creation of a comprehensive master plan
to guide a variety of development and (2) the preservation of open space in conformance with the
City's draft Habitat Management Plan. As part of its approval, the City Council directed the City Attorney to prepare the documents formally approving this amendment (as shown on Resolution No.
2002-205) with the other amendments identified in this agenda bill. The formal resolution of
approval is attached and recommended for approval.
At its meeting of October 8, 2002, the City Council approved the General Plan amendment for the
Carlsbad Oaks North Specific Plan project. This amendment would adjust the boundaries of the
General Plan Planned Industrial and Open Space land use designations on the 414-acre project site
to enable preservation of open space, including critical wetland and riparian habitat, in conformance
with the City's draft Habitat Management Plan. As part of its approval, the City Council directed the
City Attorney to prepare the documents formally approving this amendment (as shown on Resolution
No. 2002-298) with the other amendments identified in this agenda bill. The formal resolution of
approval is attached and recommended for approval.
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PAGE 2 OF AGENDA BILL NO. 16,965
GPA 00-05 (Fox Miller Property) was anticipated to also be a part of this second amendment to the
general plan. However, since its review has been delayed, GPA 00-05 will be part of the third
amendment to the general plan, scheduled for later this year.
ENVIRONMENTAL:
Church of Jesus Christ - LDS: Based on an environmental impact assessment performed by staff in
which potentially significant impacts to water quality, geological resources, and biological resources
were identified and mitigation measures were formulated to reduce the identified impacts, the
received during the public review period.
Planning Director issued a Mitigated Negative Declaration on January 23, 2002. No comments were
accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines and the
Bressi Ranch: A Program Environmental Impact Report (EIR) was prepared for the project in
Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code. The EIR addresses
the environmental impacts associated with all discretionary applications for the proposed project
including ultimate buildout of the entire project.
The analysis contained in the EIR concluded that all significant impacts would be mitigated to
below a level of significance with the exception of air quality (cumulative) which would be
considered significant and unmitigable. Cumulative impacts refer to two or more individual
impacts that, when considered together, are considerable or that compound or increase other
environmental impacts. The cumulative impact of several projects is the change in the
environment that results from the incremental impact of the project when added to other, closely
related past, present, or reasonably foreseeable, probable future projects. The cumulative
impacts all arise from the marginal contribution the proposed project will make, when combined
with the impacts from existing and other future projects, to pre-existing conditions that fail to
meet applicable standards currently.
Under CEQA, before a project that is determined to have significant, unmitigated environmental
effects can be approved, the public agency must consider and adopt a “statement of overriding
considerations” pursuant to CEQA Guidelines 15043 and 15093. As the primary purpose of
CEQA is to fully inform the decision makers and the public as to the environmental effects of a
proposed project and to include feasible mitigation measures and alternatives to reduce any
such adverse effects below a level of significance, CEQA nonetheless recognizes and
authorizes the approval of projects where not all adverse impacts can be fully lessened or
avoided. However, the agency must explain and justify its conclusion to approve such a project
through the statement of overriding considerations setting forth the proposed project‘s general
social, economic, policy or other public benefits which support the agency’s informed conclusion
to approve the project. The CEQA Findings of Fact and Statement of Overriding Considerations
are attached to the Planning Commission Resolution No. 5202 for the EIR.
Carlsbad Oaks North Specific Plan: A Program Environmental Impact Report (EIR) was prepared
for the project in accordance with the California Environmental Quality Act (CEQA), the CEQA
Guidelines and the Environmental Protection Procedures (Title 19) of the Carlsbad Municipal Code.
The EIR addresses the environmental impacts associated with all discretionary applications for the
proposed project including ultimate buildout of the entire project.
The analysis contained in the EIR concluded that all significant impacts would be mitigated to below
a level of significance with the exception of direct project specific and cumulative impacts to air
quality and transportation and a project specific impact to biology which would be considered
significant and unmitigable. Cumulative impacts refer to two or more individual impacts that, when
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PAGE 3 OF AGENDA BILL NO. 16.965
considered together, are considerable or that compound or increase other environmental impacts.
The cumulative impact of several projects is the change in the environment that results from the
foreseeable, probable future projects. The cumulative impacts all arise from the marginal
future projects, to pre-existing conditions that fail to meet applicable standards currently.
contribution the proposed project will make, when combined with the impacts from existing and other
Under CEQA, before a project that is determined to have significant, unmitigated environmental
effects can be approved, the public agency must consider and adopt a “statement of overriding
considerations” pursuant to CEQA Guidelines 15043 and 15093. The primary purpose of CEQA
is to fully inform the decision makers and the public as to the environmental effects of a
proposed project and to include feasible mitigation measures and alternatives to reduce any
such adverse effects below a level of significance; however, CEQA nonetheless recognizes and
authorizes the approval of projects where not all’adverse impacts can be fully lessened or
avoided. The lead agency must explain and justify its conclusion to approve such a project
through the statement of overriding considerations setting forth the proposed project‘s general
social, economic, policy or other public benefits which support the agency’s informed conclusion
to approve the project. The CEQA Findings of Fact and Statement of Overriding Considerations
are attached to the Planning Commission Resolution No. 5244 for the EIR.
Second Amendment to the General Plan: This amendment to the General Plan is considered a
project and therefore subject to CEQA. Since the amendment consists of three different projects,
the impacts of each need to be considered cumulatively. The environmental review for the Church
of Jesus Christ - LDS project identified no cumulatively considerable impacts and concluded the
project was consistent with the General Plan. The ElRs for Bressi Ranch and the Carlsbad Oaks
North Specific Plan considered the cumulative impacts of their respective projects and other existing
and planned local developments in a General Plan buildout condition. Therefore, the cumulative
impacts resulting from this second General Plan Amendment have been adequately addressed.
FISCAL IMPACT:
Church of Jesus Christ - LDS: No fiscal impacts to the City associated with the proposed open
space boundary definition are anticipated. All required improvements needed to serve the church
project would be funded by the developer.
Bressi Ranch: A fiscal impact study titled ‘Lennar Communities Bressi Ranch Fiscal Impact
Analysis” and related documents by Douglas Ford and Associates was prepared and is on file with
the Planning Department. The study was also previously distributed to members of the City Council.
In summary, the study show the ultimate buildout of the Bressi Ranch Master Plan as proposed will
result in city revenues which fall short of city expenditures required to provide city services to the
residences within the Bressi Ranch community.
Carlsbad Oaks North: All required improvements needed to serve this project would be funded by
the developer. The Facility Financing section of the Zone 16 Local Facilities Management Plan
amendment lists the financing techniques proposed to guarantee the public facilities needed to serve
development within Zone 16.
EXHIBIT:
1. City Council Resolution No. 2002-326
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RESOLUTION NO. 201-17 - 32.6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSLBAD, CALIFORNIA, APPROVING THE SECOND
GENERAL PLAN AMENDMENT OF 2002 CONSISTING OF
THREE CHANGES TO THE GENERAL PLAN FOR PROJECTS
COMMONLY KNOWN AS CHURCH OF JESUS CHRIST - LDS
(GPA 01-13), BRESSI RANCH (GPA 98-03), AND CARLSBAD
OAKS NORTH SPECIFIC PLAN (GPA 97-05)
APPLICANT: CITY OF CARLSBAD
CASE NO.: SECOND 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 May 15, 2002
(GPA 01-13), June 5, 2002 (GPA 98-03), and August 21, 2002 (GPA 97-05), hold duly noticed
public hearings as prescribed by law to consider the three proposed changes to the General
Plan and recommend their approval; and
WHEREAS, the Planning Commission adopted Resolutions No. 5198, 5202, and
5245 recommending approval of the proposed changes to the General Plan; and
WHEREAS, the City Council on June 25, 2002, July 9, 2002, and October 8,
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
changes to the General Plan as proposed by GPA 01-13, GPA 98-03, and GPA 97-05 into a
single amendment constituting the second 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 the second of four permitted amendments to a mandatory
element of the General Plan consisting of three changes as follows:
a. That the Land Use Element and Open Space and Conservation
Element of the General Plan for the project commonly known as Church of Jesus Christ-LDS
are amended as shown on Exhibit GPA 01-13 attached hereto as Exhibit "A and as provided in
City Council Resolution No. 2002-191 (on file in the office of the City Clerk).
b. That the Land Use Element and Open Space and Conservation
Element of the General Plan for the project commonly known as Bressi Ranch are amended as 4.
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shown on Exhibit GPA 98-03 attached hereto as Exhibit "6" and as provided in City Council
Resolution No. 2002-205 (on file in the office of the City Clerk).
c. That the Land Use Element and Open Space and Conservation
Element of the General Plan for'the project commonly known as Carlsbad Oaks North Specific
Plan are amended as shown on Exhibit GPA 97-05 attached hereto as Exhibit "C and as
provided in City Council Resolution No. 2002-298 (on file in the office of the City Clerk).
EFFECTIVE DATE: This resolution shall be effective upon its adoption, excep
as to the General Plan Amendment, which shall be effective thirty (30) days following itl
adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Counci
of the City of Carlsbad on the 12th day of NOVEMBER 2002, by thc
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard. Hall
NOES: None
ABSENT None
ATTEST:
(SEAL)
-2-
GENERAL PLAN AMENDMENT G PA: 0 I -1.3
dnff @l Rnal
Project Name: Church of Jesus Christ - LDS I Related Case File No@): CUP 01-04/HDP 01-10
Property/Legal Description(s):
That portion of Pakel4 of Parcel Map
13524 in the City of Carlsbad, County
of San Diego, State of California, filed
in the Office of the County Recorder
of San Diego County, October 28,
1984, as File No. 84-403293 of
Official Records, including a portion
of Mission Estancia dedicated on said
Parcel Map.
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I Signature: i
Attach additional pages if necessary I I
BRESSI RANCH
GPA 98-03
GENERAL PLAN AMENDMENT GPA: 97-05
dnfl llnsl 0
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Carlsbad. County of San Diego, State of California, . according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,
the northerly line of Carlsbad Tract No. 74-21, according 1896, excepting therefrom all that portion lying southerly of
to Map No. 10372, filed in the Office of the County Recorder of San Diego County, April 13,1982.
I Property From: To: I Council Approval Date:
G.P. Map Designation Change Approvals
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I C. 209-050-22,
D. 209-050-23.
B. 209-050-21-
I Signature:
I Attach additional pages if necessary I