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Home My WebLink About2005-06-07; City Council; 18146; FIRST AMENDMENT 2005 LAND USE ELEMENT, OPEN SPACE, CONSERVATION ELEMENT OF GENERAL PLANCITY OF CARLSBAD -AGENDA BILL 9B# 18,146 TITLE: FIRST AMENDMENT IN 2005 TO THE MTG. 6/7/05 DEPT. PLN 10 LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN DEPT. HD. CITY ATTY. CITY MGR RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2005-172 , APPROVING the first amendment in 2005 :o the Land Use Element of the General Plan consisting of four projects (Kelly Corporate Center - GPA 04-09, Ma La Costa - GPA 04-14, North Coast Calvary Chapel - GPA 04-16, and Residential Density Clarification - SPA 04-21), and the first amendment in 2005 to the Open Space and Conservation Element of the General =Ian consisting of two projects (Kelly Corporate Center - GPA 04-09, and North Coast Calvary Chapel - GPA 34-1 6). ITEM EXPLANATION: State law allows a jurisdiction to amend a mandatory element of the General Plan no more than four times per :alendar year. The mandatory elements are Land Use, Circulation, Housing, Open Space, Noise, Safety, and Zonservation. Each amendment to a mandatory element, however, may include more than one change to that ?lement. The four General Plan Amendment applications listed below propose changes to the Land Use Element, and wo of those applications also propose changes to the Open Space and Conservation Element. As mentioned above, the Land Use and Open Space Elements are mandatory elements of the General Plan, and as such ?ach element may be amended up to four times during a calendar year. The City Council has approved in concept each of the applications at duly noticed public hearings on the neeting dates noted below. The four applications are now being grouped together to comprise the first mendment in 2005 to the Land Use Element, and two of those applications also comprise the first amendment in 2005 to the Open Space and Conservation Element. The recommended action would formally adopt all of the changes to the General Plan, which will ensure consistency between the General Plan and Zoning Ordinance, and enable issuance of permits required for the projects associated with each application (if any). General Plan Amendment Applications that constitute the: First Amendment in 2005 to the Land Use Element, and the GPA No. GPA 04-09 GPA 04-1 4 G PA 04-1 6 GPA 04-2 1 First. Project Title (elly Corporate Center Vista La Costa North Coast 2alvary Chapel Residential Density Clarification ,mendment in 20( Date Approved “In Concept” February 15,2005 (Resolution No. 2005-046) February 8,2005 (Resolution No. 2005-039) January 11,2005 (Resolution No. 2005-009) April 26,2005 (Resolution No. 2005-1 28) 5 to the Open SF General Plan Elernent(s) to be Amended Land Use Open Space and Conservation Land Use Land Use Open Space and Conservation Land Use ce and Conservation Element Description Proposal to change the General Plan designations on a portion of the project site from Residential Medium Density (RM) and Planned Industrial (PI) to Open Space (OS). Proposal to change the General Plan designation on a portion of the project site from Open Space (OS) to Residential High Density (RH). Proposal to change the General Plan designation on portions of the project site from Residential Low Medium Density (RLM) to Open Space (OS). Proposal to: 1) modify one of the exceptions to the policy that does not allow density below the minimum of the density range; and 2) modify Land Use Element “Table 2: Allowed Dwelling Units Per Acre” for clarification. I PAGE 2 OF AGENDA BILL NO. 18,146 ENVIRONMENTAL: Project Kelly Corporate Center Vista La Costa North Coast Calvary Chapel Residential Density Clarification GPA 04-09 GPA 04-14 GPA 04-1 6 GPA 04-21 Project Environmental Status There are no fiscal impacts from the proposed General Plan Amendment, or associated Zone Code and Local Coastal Program Amendments. All public infrastructure required by this project will be funded by the developer. All public infrastructure required by this project will be funded by the developer. There are no fiscal impacts from the proposed General Plan Amendment, or associated Zone Code and Local Coastal Program Amendments. First amendment to the Land Use Element First amendment to the Open Space and Conservation Element GPA 04-09 Kelly Corporate Center GPA 04-14 Vista La Costa GPA 04-1 6 North Coast Calvary Chapel GPA 04-21 Residential Density Clarification Environmental Status The amendments to the Land Use and Open Space and Conservation Elements of the General Plan are considered a project and therefore subject to CEQA. Since the amendments consists of four different projects, the impacts of each project need to be considered cumulatively. The City’s environmental review of each project, as described below, determined as follows: 1) the project was exempt from CEQA; or 2) the project would cause no significant environmental effects; or 3) that all potential significant effects would be reduced to a level of insignificance because of adopted mitigation measures. Furthermore, the environmental analysis performed revealed that the projects would produce no cumulatively considerable impacts when viewed in connection with the effects of past projects, other current projects, and probable future projects. Therefore, the cumulative impacts resulting from this first amendment to the Land Use Element, and the Open Space and Conservation Element have been addressed adequately, and no additional environmental analysis is necessary. An environmental review for the project was processed in accordance with CEQA, and it was determined that the project would not result in any significant adverse impacts to the environment. A Negative Declaration was adopted by the City Council on February 15, 2005. An environmental review for the project was processed in accordance with CEQA, and potentially significant impacts to geology and soils, and hydrologylwater quality were identified. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. A Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program were adopted by the City Council on February 8, 2005. An environmental review for the project was processed in accordance with CEQA, and potentially significant impacts to paleontological resources were identified. Mitigation measures have been imposed on the project to reduce those impacts to below a level of significance. During the public review period for the draft Mitigated Negative Declaration, comments were received from the California Department of Fish and Game relating to grading during Gnatcatcher breeding season. A condition was placed on the project to require a survey for the Gnatcatcher prior to grading. A Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program were adopted by the City Council on January 1 1,2005. The proposed amendments are exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3), which exempts projects “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Clarifying the intent of existing residential density policies and minor formatting changes to the General Plan will not result in a significant effect on the environment. FISCAL IMPACT: PAGE 3 OF AGENDA BILL NO. EXHIBITS: 1. City Council Resolution No. 2005-1 72 Department Contact: Jennifer Coon, (760) 602-4637, jcoon@ci.carlsbad.ca.us 18,146 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST AMENDMENT IN 2005 TO THE LAND USE ELEMENT OF THE GENERAL PLAN CONSISTING OF FOUR PROJECTS COMMONLY KNOWN AS KELLY CORPORATE CENTER (GPA 04-09), VISTA LA COSTA (GPA 04-14), NORTH COAST CALVARY CHAPEL (GPA 04-1 6), AND RESIDENTIAL DENSITY CLARIFICATION (GPA 04-21); AND ALSO APPROVING THE FIRST AMENDMENT IN 2005 TO THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN CONSISTING OF TWO PROJECTS COMMONLY KNOWN AS KELLY CORPORATE CENTER (GPA 04-09), AND NORTH COAST CALVARY CHAPEL (GPA 04-1 6). APPLICANT: CITY OF CARLSBAD CASE NO.: FIRST AMENDMENT IN 2005 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL WHEREAS, pursuant to Government Code Section 65358(b), no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, and any one of those four amendments may include more than one change to the General Plan; and WHEREAS, the Land Use Element and Open Space and Conservation Element are mandatory elements of the General Plan; and WHEREAS, pursuant to Government Code Section 65358, and the provisions of the Carlsbad Municipal Code, the Planning Commission did, on November 17, 2004, (GPA 04- 16), January 5,2005, (GPA 04-09 and GPA 04-14), and March 2,2005, (GPA 04-21), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan; and WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 5785, 5796, 5813, and 5846 recommending approval in concept of the proposed changes to the General Plan; and WHEREAS, the City Council did, on January 11, 2005, (GPA 04-16), February 8, 2005, (GPA 04-14), February 15, 2004, (GPA 04-09), and April 26, 2005, (GPA 04-21), hold duly noticed public hearings to consider the Planning Commission’s recommendations and to 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hear all persons interested in the proposed amendments to the General Plan and the related environmental reviews; and WHEREAS, the City Council adopted City Council Resolutions No. 2005-009, 2005-039, 2005-046, and 2005-128 approving in concept the proposed changes to the General Plan; and WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the changes to the Land Use Element of the General Plan as proposed by GPA 04-09, GPA 04-14, GPA 04-16, and GPA 04-21 into a single amendment constituting the first Land Use Element Amendment of 2005; and WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the changes to the Open Space and Conservation Element of the General Plan as proposed by GPA 04-09 and GPA 04-16 into a single amendment constituting the first Open Space and Conservation Element Amendment of 2005; 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 the first amendment to Land Use Element of the General Plan during calendar year 2005 is approved as provided for in City Council Resolutions No. 2005-009, 2005-039, 2005-046, and 2005-128 (on file in the City Clerk’s office), and as shown on the attached exhibits titled “GPA 04-16 North Coast Calvary Chapel” (dated November 17, 2004), “GPA 04-14 Vista La Costa” (dated January 5, 2005), “GPA 04-09 Kelly Corporate Center GPNZC” (dated January 5, 2005), and “GPA 04-21 Residential Density Clarification” (dated March 2, 2005). 3. That the first amendment to the Open Space and Conservation Element during calendar year 2005 is approved as provided for in City Council Resolutions No. 2005- 009 and 2005-046 (on file in the City Clerk’s office), and as shown on the attached exhibits titled “GPA 04-16 North Coast Calvary Chapel” (dated November 17, 2004) and “GPA 04-09 Kelly Corporate Center GPNZC” (dated January 5, 2005). EFFECTIVE DATE: The amendments to the Land Use Element and Open Space and Conservation Element shall become effective thirty (30) days following the adoption of this resolution. -2- 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of June , 2005, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis MATT HALL, Mayor Pro-Tern ATTEST: A LORRAINE M. WOOD, City Clerk (SEAL) -3- GPA 04-09 - Kelly Corporate Center GPNZC Januarv 5.2005 EXISTING PROPOSED RelatedCaseFile No(s): ZC 04-05/ LCPA 04-08 Property From: To: A. 21 2-040-66-00 PVRM/OS PVOS B. 212-040-67-00 PI PVOS PI/OS J G.P. Map Designation Change GPA 04-14 - Vista La Costa Januaw 5.2005 P. I I C. I I - I V. 1 I Attach additional pages if necessary I 8 GPA 04-16 - North Coast Calvary Chapel November 17.2004 Property From: A. 214-550-01 RLM B. 21 5-070-1 3 RLM C. 21 5-070-36 RLM n I Related Case File No@): ZC 04-12LCPA 04-12/SDP 04-02/CUP 04-05R1DP 04- I To: RLM/OS RLM/OS RLM/OS U. I I I Attach additional'pages if necessary I 9 .~ Land Use Element General Plan I d. Medium-Hiah Densitv (RMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-family dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this designation. I e. Hiah Densitv (RH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. c. All necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. I Table 2: Land Use Growth I I 1 Control Point I Desianation Minimum Management Maximum Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. The residential land use designations indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range in the following circumstances: a. When a sinale. one-familv dwelling is constructed on a leaal lot that existed as of October 28, 2004. ab. When a w, w.kw sinqle, one-familv dwellinq is constructed on a lot that was created bv consolidating two legal nonconformina lots winto one lot lthis onlv applies to lots that are nonconformina in lot area). &. When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring the removal of the existing units. Pursuant to California Government Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized Page 14 Amended September 21,2004 Open Space Associated with the First Amendment in 2005 to the General Plan Project Total Project Area GPA 04-09 25.38 acres GPA 04- 16 26.94 acres Kelly Corporate Center North Coast Calvarv ChaDel Land To Be Designated 07en Space Total Acres to be designated as Open Space Percentage of Project Area in Open Space 9.5 acres 37% 13.84 acres 5 1% Project Total Total Acres to be removed Percentage of Project Project Area from Open Space Area removed from GPA 04-14 I Vista La Costa Open Space .88 acre -1 8 acre 20% Total Open Space Created: Total Open Space Removed: .I8 acre Total Opens Space Acres: 23.34 acres 23.16 acres - I CITYOFCARLSBAD I CITY CLERK'S OFFICE I