HomeMy WebLinkAbout2004-04-27; City Council; 17603; Kirgis Tentative Map and General Plan AmendmentsAB# 17,603
MTG. 4/27/04
DEPT. PLNN
CITY OF CARLSBAD - AGENDA BILL
TITLE: APPROVAL OF KlRGlS TENTATIVE MAP GPA 03-01
AND FIRST AMENDMENT IN 2004 TO THE GENERAL PLAN
LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT FOR GPA 01-04, GPA 02-01, GPA
03-01, GPA 03-04, GPA 03-09, AND GPA 03-12
DEPT.HD- CITY ATTY. 2F
CITY MGR %--
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. APPROVING the General Plan
Amendment for the Kirgis Tentative Map (GPA 03-01) and ADOPT Resolution No. 2004-134
APPROVING the first amendment in 2004 to the Land Use Element and Open Space and
Conservation Element of the General Plan for the projects commonly known as Viglucci’s Seafood
and Steakhouse (GPA 01-04), OMWD Campus Plan (GPA 02-01), Kirgis Tentative Map (GPA 03-
01), Rancho Carrillo Village T (GPA 03-04), NW Quadrant Community Park and Senior Center (GPA
03-09), and Chase Field Lighting Upgrades (GPA 03-12).
2004-133
ITEM EXPLANATION:
On February 3, 2004 Council granted an appeal of the Kirgis Tentative Map and on March 2, 2004
approved documents for the various actions, including GPA 03-01. The approving resolution for the
GPA was not in the packet and is before Council for official action, prior to being including in the first
GPA batch for 2004.
State law allows a jurisdiction to amend a mandatory element of the General Plan 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 that element.
The following six General Plan Amendment applications propose changes to the Land Use Element
and the Open Space and Conservation Element. The City Council has approved in concept each of
the applications at duly noticed public hearings on the meeting dates noted below. Staff has
grouped the applications together so they comprise the first General Plan Amendment of 2004,
referred to as “GPA Batch No. 1 .” The recommended action would formally adopt all of the changes,
which will enable consistency between the General Plan and zoning and the permits required for the
projects associated with each application.
Vigilucci’s Seafood & Steakhouse (GPA 07-04) - On March 9, 2004, the City Council approved in
concept the General Plan amendment for the Vigilucci’s Seafood and Steakhouse project. This
amendment would change the General Plan land use designation for the project site from
Residential High Density (RH) to Travel/Recreation Commercial (T-R), a designation appropriate for
the existing restaurant use and its beach area location. In its action, the City Council directed the
formal approval of this amendment as part of GPA Batch No. 1 (as shown in Resolution 2004-082).
OMWD Campus Plan (GPA 02-07) - On February 10, 2004, the City Council approved in concept
the General Plan Amendment for the Olivenhain Municipal Water District Campus Plan. The
amendment would change the General Plan land use designation for the project site from a split
designation of Government and Office (G/O) to Government (G) only. Government is an appropriate
designation since the site will likely be the location of the OMWD headquarters for the foreseeable
future. In approving the project, the City Council directed the formal approval of this amendment as
part of GPA Batch No. 1 (as shown in Resolution 2004-044).
Kirgis Tentative Map (GPA 03-07) - The Kirgis project is a five lot residential subdivision on 21.9
acres. The project includes a General Plan Amendment that would designate the property’s open
space conservation lot as Open Space. On February 3, 2004, the City Council heard an appeal of
PAGE 2 OF AGENDA BILL NO. 17,603
Planning Commission decision to deny the project and directed the City Attorney to return with
documents granting the appeal. On March 2, 2004, the City Council adopted Resolution 2004-067,
conditionally granting the appeal. Subsequently, the City Council adopted a resolution approving in
concept the Kirgis General Plan Amendment and directed the formal approval of this amendment as
part of GPA Batch No. 1.
Rancho Carrill0 Village T (GPA 03-04) - On February 17, 2004, the City Council approved in concept
the General Plan amendment to change the land use designation of Village T, a 2.3 acre site within
the Rancho Carrillo Master Plan. The amendment would change the land use designation from
Residential Medium (RM) to Community Facilities (CF). As part of its action, the City Council
directed the formal approval of this amendment as part of GPA Batch No. 1 (as shown in Resolution
2004-052).
NW Quadrant Community Park and Senior Center (GPA 03-09) - On February 10, 2004, the City
Council adopted Resolution 2004-043, approving in concept the General Plan Amendment for the
NW Quadrant Community Park and Senior Center project. The proposed amendment would change
existing land use designations on the park site from Elementary School (E) and Residential Medium
High Density (RMH) to Open Space (OS). The park would be developed in the area of Pine Avenue
and Harding Street and operate in combination with the existing, adjacent senior center. As part of
its action, the City Council directed the formal approval of this amendment as part of GPA Batch No.
1 (as shown in Resolution 2004-043).
Chase Field Lighting Upgrades (GPA 03-12) - On March 2, 2004, the City Council approved in
concept the General Plan Amendment to change the land use designation of Chase Field from
Continuation School (HC) to Open Space (OS). The proposed change would be consistent with
Chase Field’s existing Open Space zoning and existing and planned future recreational uses. As
indicated in Resolution 2004-075, the resolution approving the project, the City Council directed the
formal approval of this amendment as part of GPA Batch No. 1.
Staff anticipated GPA 01-03 (General Plan Open Space Changes) would also be a part of this first
amendment to the General Plan. However, its Council review will not occur in time to be a part of
the first amendment.
ENVIRONMENTAL:
Vigihcci’s Seafood & Steakhouse (GPA 07-04) - The project is categorically exempt from the
California Environmental Quality Act (CEQA). Applicable CEQA provisions include Guidelines
Section 15301 , which exempts projects proposing no or only minor modifications, and Section
15061 (b)(3), which exempts projects where there is certainty of no significant project impacts.
OMWD Campus PIan (GPA 02-07) - Based upon an agreement between the City of Carlsbad and
Olivenhain Municipal Water District, the District served as the lead agency for the preparation of
environmental documents; the City of Carlsbad is the responsible agency due to its permit authority
over the project. As lead agency, OMWD adopted a Mitigated Negative Declaration for the project.
As responsible agency, the City found that the environmental review was adequate to cover the
proposed development and legislative actions. A finding to this effect was included in City Council
Resolution 2004-044, the approving resolution for the project.
Kirgis Tentative Map (GPA 03-07) - A mitigated negative declaration was prepared in compliance
with the California Environmental Quality Act (CEQA). Implementation of the project will potentially
result in impacts to biological resources, air quality, geology, soils and cultural resources. Mitigation
measures have been identified which, if implemented, will reduce those impacts to a level of less
than significant. The City Council adopted the mitigated negative declaration on March 2, 2004.
a
PAGE 3 OF AGENDA BILL NO. 17,603
Rancho Carrillo Village T (GPA 03-04) - The Rancho Carrillo Master Plan Environmental Impact
Report included review of Village T with either a RM or CF land use designation. Subsequent
environmental review of the site’s development as a community facility would be included during
project review.
NW Quadrant Community Park and Senior Center (GPA 03-09) - The proposed project was
reviewed pursuant to CEQA requirements and was found to have no potentially significant impacts.
The Planning Commission adopted the Negative Declaration for the project at a public hearing on
December 17, 2003. This Negative Declaration was incorporated by reference into the City Council
Resolution approving the project.
Chase Field Lighting Upgrades (GPA 03-12) - The proposed Chase Field Lighting Upgrades project
was reviewed for any potential adverse impacts to the environment pursuant to the California
Environmental Quality Act (CEQA). The proposal, as designed and conditioned, would not create
significant adverse environmental impacts. Accordingly, the City Council approved the Negative
Declaration at its March 2 project hearing.
First 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 six different projects, the impacts
of each need to be considered cumulatively. Vigilucci’s Seafood and Steakhouse was determined to
be exempt from CEQA. The Rancho Carrillo EIR consider the cumulative impacts of the master
planned community and other existing and planned developments in a General Plan buildout
condition. The environmental analysis performed for the remaining projects (NW Quadrant
Community Park and Senior Center, Kirgis Tentative Map, OMWD Campus Plan, and Chase Field
Lighting Upgrades) revealed that they would produce no cumulatively considerable impacts when
viewed in connection with the effects of past projects, the effects of other current projects, and the
effects of probable future projects. Therefore, the cumulative impacts resulting from this first
General Plan amendment have been addressed adequately.
FISCAL IMPACT:
Vigilucci’s Seafood & Steakhouse (GPA 01-04) - No fiscal impacts were identified with the proposed
project, which simply changes the land use designation that recognizes the existing restaurant use
on the property.
OMWD Campus Plan (GPA 02-01) - The fiscal impacts to the City are negligible in that the
proposed action merely revises the land use designation on the OMWD campus property.
Kirgis Tentatl’ve Map (GPA 03-01) -The fiscal impacts to the City are negligible in that the proposed
action merely revises the property’s land use designation.
Rancho Carrill0 Village T (GPA 03-04) -A change in land use for Village T from Residential Medium
to Community Facilities is not expected to have a significant fiscal impact.
NW Quadrant Community Park and Senior Center (GPA 03-09) - The General Plan Amendment will
have no fiscal impact upon the City.
Chase Field Lighting Upgrades (GPA 03-12) -The fiscal impacts to the City are negligible in that the
proposed action merely revises the property’s land use designation.
EXHIBITS:
1. City Council Resolution No. 2004-133
2. City Council Resolution No. 2004-134
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RESOLUTION NO. 2004-133
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO
THE LAND USE ELEMENT OF THE GENERAL PLAN TO
CHANGE THE LAND USE DESIGNATION FROM RL AND OS
TO OS ON THE OPEN SPACE CONSERVATION LOT ON
PROPERTY GENERALLY LOCATED NORTH OF FARADAY
AVENUE AT THE SOUTHERN TERMINUS OF TWAIN AVENUE
IN LOCAL FACILITIES MANAGEMENT ZONE 8.
CASE NAME: KIRGIS TENTATIVE MAP
CASE NO.: GPA 03-01
WHEREAS, the City Council of the City of Carlsbad, on the 3rd day of February,
2004, held a duly noticed public hearing granting an appeal of a General Plan Amendment and
at that time received recommendations, objections, protests, comments of all persons
interested in or opposed to GPA 03-01 ; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Council adopts City Council Resolution No. 2004-133 and
that the proposed Open Space land use is compatible with the surrounding land uses in that the
adjacent land uses are also designated as Open Space and Residential; that the land use
change is based on the environmental constraints of the property and is environmentally and
topographically appropriate for the site in that the slope and habitat areas are proposed to be
designated as Open Space.
3. That the application for a General Plan Amendment designating the
project’s open space conservation lot as Open Space, is hereby accepted, approved in
concept, and shall be formally approved with GPA Batch No. 1 comprised of GPA 01-04, GPA
02-01 , GPA 03-01 , GPA 03-04, GPA 03-09 and GPA 03-12.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 27th dayof April 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
/3 ABSENT: None
ATTEST:
&RAINE M. WOOD, City Clerk
(SEAL)
Resolution No. 2004-133 page 2
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RESOLUTION NO. 2004-134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FIRST GENERAL
PLAN AMENDMENT BATCH OF 2004 CONSISTING OF SIX
CHANGES TO THE GENERAL PLAN FOR PROJECTS
COMMONLY KNOWN AS VIGLUCCI’S SEAFOOD AND
STEAKHOUSE (GPA 01-04), OMWD CAMPUS PLAN (GPA 02-
01), KlRGlS TENTATIVE MAP (GPA 03-01), RANCHO
CARRILLO VILLAGE T (GPA 03-04), NW QUADRANT
COMMUNITY PARK AND SENIOR CENTER (GPA 03-09), AND
CHASE FIELD LIGHTING UPGRADES (GPA 03-12).
APPLICANT: CITY OF CARLSBAD
CASE NO.: FIRST GENERAL PLAN AMENDMENT OF 2004
WHEREAS, pursuant to Government Code Section 65358 and pursuant to the
provisions of the Carlsbad Municipal Code, the Planning Commission did, on August 20, 2003
(GPA 03-04), December 17, 2003 (GPA 03-09), January 7, 2004 (GPA 02-01), January 21,
2004 (GPA 03-12), and January 21 and February 4, 2004 (GPA 01-04), hold duly noticed public
hearings as prescribed by law to consider the proposed changes to the General Plan; and
WHEREAS, the Planning Commission adopted resolutions No. 5455, 5524,
5535, 5547, and 5549 recommending approval in concept of the proposed changes to the
General Plan; and
WHEREAS, the City Council on February 10, 2004, February 17, 2004, March 2,
2004, and March 9, 2004, 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 Planning Commission, on September 3, 2003, September 17,
2003, and November 5, 2003, held duly noticed public hearings as prescribed by law to
consider the Kirgis Tentative Map project, which included GPA 03-01; and
WHEREAS, the Planning Commission, on November 5, 2003, denied the Kirgis
Tentative Map project; and
WHEREAS, the Planning Commission’s decision to deny the project was
subsequently appealed; and
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WHEREAS, the City Council, on February 3, 2004, held a public hearing as
required by law to consider the appeal; and
WHEREAS, the City Council, upon careful consideration of the Planning
Commission’s report and recommendation, evidence and testimony presented at the hearing,
and the appellant’s suggested additional conditions to mitigate the overall impacts of the project,
directed the City Attorney to return with documents conditionally granting the appeal; and
WHEREAS, the City Council, on March 2, 2004, conditionally granted the appeal
of the Kirgis Tentative Map and;
WHEREAS, the City Council, on the 27th day of April 9
, approving in concept the Kirgis Tentative Map 2004, adopted Resolution No. 2004-133
project’s proposed changes to the General Plan, GPA 03-01; and
WHEREAS, the City Council of the City of Carlsbad wises to consolidate the
changes to the General Plan as proposed by GPA 01-04, GPA 02-01, GPA 03-01, GPA 03-04,
GPA 03-09, GPA 03-12 into a single amendment constituting the first General Plan Amendment
of 2004.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad,
California, does hereby resolve as follows:
1. That the above recitations are true and correct.
2. That this is the first of four permitted amendments to a mandatory
element of the General plan consisting of the three following changes:
a.
b.
C.
Resolution No.
That the Land Use Element of the General Plan for the project commonly
known as Vigilucci’s Seafood and Steakhouse is amended as shown on
attached Exhibit GPA 01-04 and as provided in City Council Resolution No.
2004-082 (on file in the City Clerk’s office).
That the Land Use Element of the General Plan for the project commonly known as OMWD Campus Plan is amended as shown on attached Exhibit
GPA 02-01 and as provided in City Council Resolution No. 2004-044 (on file
in the City Clerk’s office).
That the Land Use Element and Open Space and Conservation Element of
the General Plan for the project commonly known as Kirgis Tentative Map are
amended as shown on attached Exhibit GPA 03-01 and as provided in City
Council Resolution No. 2004-133 (on file in the City Clerk’s office).
7 2004-134 page 2 -2-
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d. That the Land Use Element of the General Plan for the project commonly
known as Rancho Carrillo Village T is amended as shown on attached Exhibit
GPA 03-04 and as provided in City Council Resolution No. 2004-052 (on file
in the City Clerk’s office).
e. That the Land Use Element and Open Space and Conservation Element of
the General Plan for the project commonly known as NW Quadrant
Community Park and Senior Center are amended as shown on attached
Exhibit GPA 03-09 and as provided in City Council Resolution No. 2004-043
(on file in the City Clerk’s office).
f. That the Land Use Element and Open Space and Conservation Element of
the General Plan for the project commonly known as Chase Field Lighting
Upgrades are amended as shown on attached Exhibit GPA 03-12 and as
provided in City Council Resolution No. 2004-075 (on file in the City Clerk’s
office).
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 27th dayof April , 2004, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
(SEAL)
Resolution No. 2004-134 page 3
-3 - a
GENERAL PLAN MAP CHANGE
G.P. Map Designation Change
Property: From: To:
204-253-20 RH T-R
Attach additional pages if necessary
GPA: 01-04
draft 0 final
Approvals
Council Approval Date:
Resolution No:
Effective Date:
Signature:
Project Name: VIGILUCCI’S SEAFOOD & STEAKHOUSE I Related Case File No(s): LCPA 01-07/CUP02-19 1 I Property/Legal Description(s):
Parcel 1 of Parcel Map No. 3713, in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, April 21, 1975
as File No. 75-092233 of Official Records.
JANUARY 7, 2004
G.P. Map Designation Change
Property From: , To:
A. 255-031-03 G/O G
B. 255-040-56 RLM G
C.
D.
Attach additional pages if necessary
GENERAL PLAN AMENDMENT
Approvals Council Approval Date:
Resolution No:
Effective Date:
Signature:
GPA: 02-01
draft a final 0
GENERAL PLAN MAP CHANGE
G.P. Map Designation Change
Property From: To:
A. 21 2-01 0-03 RL, OS RL, OS
GPA: 03-01
draft final 0
Approvals
Council Approval Date:
Resolution No:
Effective Date:
PROPOSED
EXISTING
Project Name: Kirgis Tentative Map I Related Case File No(s):
Property/Legal Description(s): ZC 03-01/LCPA 03-01/CT 02-OWPUD 02-WCDP 02-
OVHDP 02-01 All that portion of Lot "F" of Rancho Agua Hedionda, in the
County of San Diego, State of California, as shown on
Partition Map thereof No. 823, filed in the Office of the
County Recorder of San Diego County, on November 16,
1896.
I I Signature:
I
\ GENERAL PLAN AMENDMENT GPA:' 03-04
draft final
Project Name: Rancho Carrillo Village T
Property/Legal Description($): Lot 103 of Carlsbad Tract No. 93-04, Rancho Carrillo Village XI", in the City of Carisbad, County of San Diego,
State of California, according to map thereof No. 13551,
filed in the Office of the County Recorder of San Diego
I Related Case File No(s): MP 139(J)
ra
GENERAL PLAN MAP CHANGE GPA: 03-09
December 17,2003
df8n final a
ccording to Map No. 1661, filed in
the Office of the County Recorder on February 27, 1915; and
Portions of Blocks 45.46, and 59 and Lots 5 through 10 of Town of
Carlsbad Amended, according to Map No. 775, filed in the Office of the County Recorder on February 15, 1893. all in the City of
GENERAL PLAN MAP CHANGE GPA: 03-12
dra?t final