HomeMy WebLinkAbout2002-12-10; City Council; 17004; Amendment to the General Plan Fox/Miller Property5
CITY OF CARLSBAD - AGENDA BILL
TITLE:
THIRD AMENDMENT IN 2002 TO THE GENERAL PLAN
LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT FOR THE FOWMILLER
PROPERTY (GPA 00-05)
DEPT. HD.
CITY ATTY.
CITY MGR %
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2002-355 APPROVING the third amend-
ment to the Land Use Element and Open Space and Conservation Element of the General Plan in
2002 for the project commonly known as FoxlMiller Property - GPA 00-05.
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. The FoxlMiller Property project, which constitutes the third general plan
amendment for this year, proposes to change the Land Use Element and the Open Space and
Conservation Element. The recommended action to approve this third amendment would formally
adopt this change, resulting in consistency between the General Plan and zoning and the permits
required for this project.
At a duly noticed public hearing on October 25, 2002, the City Council approved the General Plan
amendment for the FoxlMiller Property project. This amendment would either adjust or change the
General Plan land use designations of the 54-acre project site to enable planned industrial
development and the preservation of open space in conformance with the City’s draft Habitat
Management Plan. An additional part of the project consists of a City initiated amendment to change
the land use designations of small, adjacent properties from either Planned Industrial or
Residential/Commercial/Office to Open Space. As part of its approval, the City Council directed the
City Attorney to prepare the documents formally approving this change (as shown on Resolution No.
2002-316) as part of the third amendment to the General Plan in 2002. The recommended formal
resolution of approval is attached.
Since Council action on GPA 02-02 (Smith Property) cannot be taken before this action, separate
approval of GPA 02-02 will constitute the fourth and final General Plan amendment to the Land Use
Element in 2002.
ENVIRONMENTAL:
The third amendment to the General Plan is a project subject to CEQA. The environmental review
already completed for the FoxlMiller Property project also serves to analyze the impacts of the third
amendment since the amendment consists of no other projects. Based on the environmental impact
assessment performed for the FoxlMiller Property project, staff identified potentially significant
impacts to water quality, geological, paleontological and biological resources and formulated
mitigation measures to reduce the identified impacts. Accordingly, the Planning Director issued a
Mitigated Negative Declaration on December 20, 2001. Comments received from the US Fish and
Wildlife Service during the public review period were addressed.
FISCAL IMPACT:
No significant fiscal impacts to the City are associated with the General Plan Amendment proposed
by the FoxlMiller project. All required improvements needed to serve the project would be funded by
the developer and through the capital improvements program.
PAGE 2 OF AGENDA BILL NO. 17,004
EXHIBIT:
1. City Council Resolution No. 2002-355
a
.
GPA 00-05-
PROPOSED PI, OS, RHICIO
FOX MILLER PROPERTY
GPA 00-05
EXHIBIT A
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RESOLUTION NO. 2002-355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE THIRD GENERAL
PLAN AMENDMENT OF 2002 CONSISTING OF ONE CHANGE
TO THE GENERAL PLAN FOR THE PROJECT COMMONLY
APPLICANT: CITY OF CARLSBAD
CASE NO.: THIRD GENERAL PLAN AMENDMENT OF 2002
WHEREAS, pursuant to Government Code section 65358 and pursuant to the
provisions of the Carlsbad Municipal Code, the Planning Commission did on September 4,
2002, hold a duly noticed public hearing as prescribed by law for GPA 00-05 to consider the
proposed change to the General Plan and recommend its approval; and
KNOWN AS FOWMILLER PROPERTY (GPA 00-05)
WHEREAS, the Planning Commission adopted Resolution No. 5238
recommending approval of the proposed change to the General Plan; and
WHEREAS, the City Council on October 22, 2002, held a duly noticed public
hearing to consider the Planning Commission’s recommendation and to hear all persons
interested in the proposed change to the General Plan and the related environmental review;
and
WHEREAS, the City Council of the City of Carlsbad wishes to recognize that the
change to the General Plan as proposed by GPA 00-05 constitutes the third 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 third of four permitted amendments to a mandatory element of
the General Plan consisting of one change as follows:
a. That the Land Use Element and Open Space and Conservation
Element of the General Plan for the project commonly known as FodMiller Property are
amended as shown on Exhibit GPA 00-05 attached hereto as Exhibit “A and as provided in City
Council Resolution No. 2002-316 (on file in the office of the City Clerk).
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. 3
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad on the loth day of December 2002, by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall
NOES: None-
ABSENT: None.
ATTEST:
(S EAL)
Resolution No. 2002-355
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