HomeMy WebLinkAbout2005-07-05; City Council; 18196; General Plan Amendment Land Use Open SpaceAB# 18,196
MTG. 7/5/05
DEPT. PLN
Project application(s) Administrative
App rova Is
Negative Declaration
GPA 05-01 - Land Use Element
GPA 05-02 - Open Space and
Conservation Element
CITY OF CARLSBAD -AGENDA BILL
TITLE:
GENERAL PLAN AMENDMENT - LAND USE ELEMENT AND
OPEN SPACE AND CONSERVATION ELEMENT -
GPA 05-01/GPA 05-02
Reviewed by and
Final at Planning
Commission
To be Reviewed -
Final at Council
X
X
X
CITY ATTY. @
CITY MGR-
RECOMMENDED ACTION:
That the City Council ADOPT Resolution No. 2005220 , ADOPTING the Negative
Declaration and APPROVING GPA 05-01 and GPA 05-02.
These amendments to the City's General Plan are proposed in order to incorporate references and
policy statements relating to the City's Habitat Management Plan (HMP). The HMP received its final
approvals from the Wildlife Agencies in November of 2004. As a result, the City has authority to
issue permits (Citywide IO(A) Permit under the State and Federal Endangered Species Act) for future
development projects which impact habitat in return for setting-aside and requiring maintenance of a
6,500 acre preserve system to conserve sensitive wildlife habitat and the species that inhabit this
habitat. As part of the approval of the HMP, the city also entered into an Implementing Agreement
which requires several follow-up actions to fully implement the HMP and ensure future compliance
with the Plan. This is the initial step in completing the required follow-up actions. Other actions will
include amendments to the Zoning Ordinance and other sections of the Municipal Code and will be
prepared and brought forward after the proposed General Plan Amendments are considered.
The amendments will accomplish three objectives: 1) fulfilling the requirement of the Implementing
Agreement; 2) establishing a policy foundation for making the various amendments to the Zoning
Ordinance; and 3) ensuring that all future development projects comply with the provisions of the
Plan.
The Planning Commission considered the General Plan amendments on May 18, 2005, and
unanimously (7-0) recommended approval. Therefore, both staff and the Planning Commission
?ecommend that the City Council approve GPA 05-01 and GPA 05-02. The staff report to the
Planning Commission, dated May 18, 2005, Exhibit 3, provides more detail regarding the
3mendments. The amendment to the Land Use Element will be formally approved with the next
batch of GPA's which will constitute the second General Plan Amendment to the Land Use Element
n 2005 (a maximum of four amendments to each element are allowed per year). The amendment to
:he Open Space and Conservation Element does not need to be batched and can be formally
3pproved at this time.
ENVIRONMENTAL:
4 Negative Declaration has been prepared by the Planning Director, considered by the Planning
Zommission and is recommended for adoption by the City Council.
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PAGE 2 OF AGENDA BILL NO. 18,196
FISCAL IMPACT:
The proposed amendments incorporate references and policy statements relating to the city’s
recently approved HMP and, as such; do not create any fiscal impacts to the city.
EXHIBITS:
1. City Council Resolution No. 2005220 2.
3.
4.
Planning Commission Resolutions No. 5902, 5903, and 5904
Planning Commission Staff Report, dated May 18, 2005
Excerpts of Planning Commission Minutes, dated May 18, 2005.
DEPARTMENT CONTACT: Don Rideout, (760) 602-4602, dride@ci.carlsbad.ca.us
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RESOLUTION NO, 2005-220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION AND APPROVING AN AMENDMENT TO THE
LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT OF THE GENERAL PLAN.
CASENAME: AMENDMENTS TO THE LAND USE
ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT
CASE NO.: GPA 05-01 AND GPA 05-02
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, the Planning Commission did on May 18, 2005, hold a duly noticed
public hearing as prescribed by law to consider the Negative Declaration and General Plan
Amendments, GPA 05-01 and GPA 05-02, to incorporate references and policy statement
related to the city’s Habitat Management Plan. The Planning Commission adopted Planning
Commission Resolutions No. 5902, 5903 and 5904 recommending to the City Council that they
be approved; and,
WHEREAS, the City Council did on the 5th day of JULY
, 2005, hold a duly noticed public hearing as prescribed by law to consider the Negative
Declaration and General Plan Amendments; and,
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all
factors relating to the Negative Declaration and General Plan Amendments.
The City Council of the City of Carlsbad does hereby resolve as follows:
1.
2.
That the above recitations are true and correct.
That the findings of the Planning Commission in Planning Commission
Resolutions No. 5902, 5903 and 5904 constitute the findings of the City Council in this matter.
3. That the Negative Declaration is adopted as shown in Planning
Commission Resolution No. 5902 on file with the City Clerk and incorporated herein by
reference.
4. That the recommendations of the Planning Commission for approval of
GPA 05-01 (Amendment to Land Use Element), as shown in Planning Commission Resolution
No. 5903 is hereby accepted, approved in concept, and shall formally be approved with GPA
Batch No. 2 of 2005. 3
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5. That the recommendation of the the Planning Commission for approval of
GPA 0 .02 (Amendment to the Open Space and Conservation Element) as shown in Planning
Commission Resolution No. 5904 is hereby approved and constitutes the Second Amendment
to the Open Space and Conservation Element of 2005.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
, 2005, by the following vote, JULY day of 5th Carlsbad on the
to wit:
AYES: Council Members Lewis, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: Council Member Hall
ATTEST:
(SEAL)
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EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 5902
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA7 RECOMMENDING
ADOPTION OF A NEGATIVE DECLARATION FOR A
CITYWIDE UPDATE TO THE LAND USE ELEMENT AND
THE OPEN SPACE AND CONSERVATION ELEMENT OF
THE GENERAL PLAN TO INCORPORATE REFERENCES
AND POLICY STATEMENTS RELATED TO THE CITY’S
HABITAT MANAGEMENT PLAN.
CASENAME: LAND USE ELEMENT AND OPEN SPACE
AND CONSERVATION ELEMENT
AMENDMENTS
CASE NO.: GPA 05-01/GPA 05-02
WHEREAS, the City, “Applicant,” has filed a verified application with the City
of Carlsbad regarding property described as
Citywide
(“the Property”); and
WHEREAS, a Negative Declaration was prepared in conjunction wh, said
request; and
WHEREAS, the Planning Commission did on the 18th day of May, 2005, hold a
duly noticed public hearing as prescribed by law ty consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, examining the initial study, analyzing the information submitted by staff, and
considering any written comments received, the Planning Commission considered all factors
relating to the Negative Declaration.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS ADOPTION of the Negative Declaration,
Exhibit “ND,” according to Exhibits “NOI” dated May 22,2005, and “PII” dated
March 4, 2005, attached hereto and made a part hereof, based on the following
findings: 5
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Findings:
1. The Planning Commissi of the City of Carlsbad d es hereby find:
a. it has reviewed, analyzed and considered the Negative Declaration analyzing the
environmental impacts therein identified for this project and any comments
thereon prior to RECOMMENDING APPROVAL of the project; and
the Negative Declaration has been prepared in accordance with requirements of
the California Environmental Quality Act, the State Guidelines and the
Environmental Protection Procedures of the City of Carlsbad; and
it reflects the independent judgment of the Planning Commission of the City of
Carlsbad; and
based on the EIA Part I1 and comments thereon, there is no substantial evidence
the project will have a significant effect on the environment.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of May 2005, by the
following vote, to wit:
AYES:
b.
c.
, d.
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT:
ABSTAIN:
I
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
%
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5902 -2-
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- City of Carlsbad
NOTICE OF INTENT TO ADOPT A
NEGATIVFC DECLARATION
CASE NAME: Amendment To Open Space and Conservation Element and Land
Use Element
CASE NO: GPA 05-01 and GPA 05-02
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: Amend the Open Space and Conservation Element and the Land
Use Element of the City’s General Plan to incorporate policy statements and reference related to
the City’s recently adopted Habitat Management Plan.
PROPOSEB DETERMINATION: The City of Carlsbad has conducted an environmental
review of the above described project pursuant to the Guidelines for Implementation of the
California Environmental Quality Act and the Environmental Protection Ordinance of the City of
Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially
significant impacts on the environment. Therefore, a Negative Declaration will be
recommended for adoption by the City of Carlsbad City Council.
A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative
Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California
92008. Comments from the public are invited. Please submit comments in writing to the
Planning Department within 30 days of the date of this notice.
The proposed project and Negative Declaration are subject to review and approvaVadoption by
the City of Carlsbad Planning Commission and City Council. .
PUBLIC REVIEW PERIOD March 22,2005 thr0u.g.h April 21.2005
PUBLISH DATE March 22,2005
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?@ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 ww.ci.carlsbad.ca.us
ENVIRONMENTAL IMPACT ASSESSME"I!*FORM - PART II
(TO BE COMPLETED BY THE PLANNING DEPARTMENT)
CASE NO: GPA 05-01 & GPA 05-02
DATE: February 3,2005
BACKGROUND
1.
2.
3.
4.
5.
6.
7.
8.
9.
CASE NAME: Amendments to the Open Space and Conservation Element and Amendments to
the Land Use Element of the General Plan
LEAD AGENCY NAME AND ADDRESS: City of Carlsbad
CONTACT PERSON AND PHONE NUMBER Don Rideout, Management Analyst. (760) 602-
PROJECT LOCATION: Citywide
PROJECT SPONSORS NAME AND ADDRESS: Citv of Carlsbad, 1635 Faraday Avenue,
Carlsbad CA 92008
GENERAL PLAN DESIGNATION: Various
ZONING: Various
OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing
approval or participation agreements): None
PROSECT DESCRIPTION/ ENVIRONMENTAL SETTING AND SURROUNDING LAND
USES:
This proiect proposes to make amendments to the Open Space and Conservation Element and the
Land Use Element of the City's General Plan to incorporate descriptions and policy statements
related to the recently approved Carlsbad Habitat Manavement Plan. The purpose of these
amendments is to ensure that all fiture development proiects in the City comply with the Habitat
Management Plan in order to be consistent with the General Plan and to ensure that the Habitat
Management Plan is fully implemented by the City. The Habitat Management Plan is a
comprehensive pronam to identifv how the Citv will preserve the diversitv of habitat and Protect
sensitive biological resources within the City.
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1 Rev. 07/03/04
8
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The summary of environmental factors checked below would-be potentially affected by this project,
involving at least one impact that is a “Potentially Significad Impact,” or “Potentially Significant Impact
Unless Mitigation Incorporated” as indicated by the checklist on the following pages.
u Aesthetics
u Agricultural Resources
0 Air Quality
Biological Resources
0 Cultural Resources
c] Geology/Soils
c] HazardsEIazardous Materials
HydrologlWater Quality
Land Use and Planning
0 Mineral Resources
Mandatory Findings of
Significance
u Noise
u Population and Housing
u Public Services
u Recreation
u Transportation/Circulation
c] Utilities & Service Systems
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DETERMINATION.
(To be completed by the Lead Agency)
[XI
0
0
I find that the proposed project COULD NOT have a sigtllficant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a sigdicant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have “potentially sipficant impact(s)” on the environment, but at
least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis
as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in ths case because all potentially significant effects (a) have been analyzed
adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier
ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required.
n I
2fLA L/, zoos
Assistant Planning Director’s Signature Date
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3 Rev. 07/03/04
ENVLRONMENTAL IMPACTS
STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental
Impact Assessment to determine if a .project may have a significant effect on the environment. The Environmental
Impact Assessment appears in the following pages in the form of a checklist. This checklist identifies any physical,
biological and human factors that might be impacted by the proposed project and provides the City with information
to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or
to rely on a previously approved EIR or Negative Declaration.
A brief explanation is required for all answers except “No Impact” answers that are adequately supported
by an information source cited in the parentheses following each question. A ‘Wo Impact“ answer is
adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved. A “No Impact” answer should be explained when there is no source
document to refer to, or it is based on project-specific factors as well as general standards.
“Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not
significantly adverse, and the impact does not exceed adopted general standards and policies.
“Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation
measures has reduced an effect kom “Potentially Sigdicant Impact” to a “Less Than Significant Impact.”
The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level.
“Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly
adverse.
Based on an “EIA-Part IT’, if a proposed project could have a potentially sipficant adverse effect on the
environment, but 4 potentially significant adverse effects (a) have been analyzed adequately in an earlier
EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or
mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation
measures that are imposed upon the proposed project, and none of the circumstances requiring a
supplement to or supplemental EIR are present and all the mitigation measures required by the prior
environmental document have been incorporated into this project, then no additional environmental
document is required.
When “Potentially Significant Impact” is checked the projeTt is not necessarily required to prepare an EIR
if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable
standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made
pursuant to that earlier EIR.
A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or
any of its aspects may cause a significant adverse effect on the environment.
If there are one or more potentially sigDlficant adverse effects, the ,c’ty may avoid preparing an EIR if there
are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation
measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially
Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration
may be prepared.
4 Rev. 07/03/04
0 An EIR
the following circumstances: (1) the potentially sigruficant adverse effect has not been discussed or
mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation
measures that reduce the adverse impact to less than significant; (2) a “Statement of Overriding
Considerations” for the significant adverse impact has not been made pursuant to an earlier Em, (3)
proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the
EIA-Part 11 analysis it is not possible to determine the level of significance for a potentially adverse effect,
or determine the effectiveness of a mitigation measure in reducing a potentially sipficant effect to below a
level of significance.
be prepared if “Potentially Significant Impact” is checked, and including but not limited to
A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under
DISCUSSION OF ENVIROkvfENTAL EVkUATION, Particular attention should be given to discussing
mitigation for impacts, which would otherwise be determined sigmficant.
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5 Rev. 07/03/04
Issues (and Supporting znfonnation Sources). Potentially Significant
Unless Less Than Mitigation Significant Incorporated Impact
Potentially
Significant No Impact I. AESTHETICS - Would the project:
a) Have a substantial adverse effect on a scenic vista? 0
0
0 0 [XI
0 b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic
buildings within a State scenic highway?
IXI
-0 0 c) Substantially degrade the existing visual character or quality of the si& and its surroundings?
0 0 d) Create a new source of substantial light and glare, which would adversely affect day or nighitime views
in the area?
II. AGRICULTURAL RESOURCES - (In determining
whether impacts to agricultural resources are sigmficant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model-1997 prepared by the California
Department of Conservation as an optional model to use
in assessing impacts on agriculture and farmland.) Would
the project:
El IXI a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
0
‘El
0
0 0
IXI b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
IXI c) Involve other changes in the existing environment,
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
III. AIR QUALITY - (Where available, the significance
criteria established by the applicable air quality
management or air pollution control &strict may be relied
upon to make the following determinations.) Would the
project: I
0 0 a) Conflict with or obstruck implementation of the applicable air quality plan? IXI
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
0 0 0 IXI
6 Rev. 07/03/04 f3
Issues (and Supporting Information Sources).
Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
in non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
Expose sensitive receptors to substantial pollutant
concentrations?
Create objectionable odors affecting a substantial
number of people?
IV. BIOLOGICAL RESOURCES - Would the project:
Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by California Department of Fish and
Game or U.S. Fish and Wildlife Service?
Have a substantial adverse effect on any riparian,
aquatic or wetland habitat or other sensitive natural community identified in local or regional plans,
policies, or regulations or by California Department
of Fish and Game or U.S. Fish and Wildlife Service?
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including but not limited to marsh,
vemal pool, coastal, etc.) through direct removal,
filing, hydrological interruption, or other means?
Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or qede the use of native
wildlife nursery sites?
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
Conflict with the provisiotts of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state
habitat conservation plan?
Impact tributary areas that are environmentally
sensitive?
Potentially
Signific&nt Impact
0
17
0
CI
0
I o
0,
0
0
Potentially Significant
Unless
Mitigation Incorporated
0
0
0
0
0
0
0
Less Than Significant Impact
0
17
0
0
0
0
0
0
7 Rev. QllO3IO4
Issues (and Supporting Information Sources). Potentially Significant
Potentidly Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact
V. CULTURAL RESOURCES - Would the project:
0 UIXI Cause a substantial adverse change in the
significance of a historical resource as defined in 5 15064.5?
El 0 OIXI Cause a substantial adverse change in the sigmfi-
cance of an archeological resource pursuant to Q 15064.5?
17 0 UEJ
0 UEJ
Directly or indirectly destroy a unique paleontologi-
cal resource or site or unique geologic feature?
Disturb any human remains, including those interred
outside of formal cemeteries?
VI. GEOLOGY AND SOILS - Would the project:
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i.
ll.
... 111.
iv.
0 0 Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
cl 0 Strong seismic ground shaking?
liquefaction? I 0 0 Seismic-related ground failure, includmg
Landslides? 0 0
0 Result in substantial soil erosion or the loss of
topsoil?
0 Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction, , or collapse? .
0 0 Be located on expansive soils, as defined in Table 18 - 1-B of the Uniform Building Code (1997), creating
substantial risks to life or property?
om
UIXI
om
om
8 Rev. 07/03/04
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact
0 0 ow e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal
systems where sewers are not available for the
disposal of wastewater?
W. HAZARDS AND HAZARDOUS MATERIALS -
Would the project:
Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
Create a significant hazard to the public or
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
environment?
For a project within an airport land use plan, or
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would
the project result in a safety hazard for people
residing or working in the project area?
For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area?
Impair implementation of or physically interfere with
an adopted emergency response plan or emergency
evacuation plan?
Expose people or structures to a significant risk of
loss, injury or death involving wildland fires,
including where wildlands we adjacent to urbanized
areas or where residences are intermixed with
wildlands?
WI. HYDROLOGY AND WATER QUALITY - Would the
project:
0 0 ow
0 0 ow
0 0 ow
l 0
0
0 0
0 a) Violate any water quality standards or waste
discharge requirements?
ow
ow
ow
Rev. 07/03/04 9
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated
0 Substantially deplete groundwater supplies or
interfere substantially with ground water recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water table
level (i.e., the production rate of pre-existing nearby
wells would drop to a level which would not support
existing land uses or planned uses for which permits
have been granted)?
Impacts to groundwater quality?
Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner, which would
result in substantial erosion or siltation on- or off-
site?
0 0
0 0
0 Subs&ntially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase
the flow rate or amount (volume) of surface runoff in
a manner, which would result in flooding on- or off-
site?
0 0
0 0
0
Create or contribute runoff water, which would
exceed the capacity of existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff?
Otherwise substantially degrade water quality?
Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or
Flood Insurance Rate Map or other flood delineation I
map?
0 Place within 100-year flood hazard area structures,
which would impede or redirect flood flows?
0 0 Expose people or structures to a significant risk of
loss injury or death involving flooding, including
flooding as a result of the failure of a levee or dam? i
Inundation by seiche, tsunami, or mudflow?
% 0
0 Increased erosion (sediment) into receiving surface
waters.
0 17 Increased pollutant discharges (e.g., heavy metals,
pathogens, petroleum derivatives, synthetic organics,
nutrients, oxygen-demanding substances and trash)
into receiving surface waters or other alteration of
receiving surface water quality (e.g., temperature,
dissolved oxygen or turbidity)?
Less Than Significant Impact
CI
0
0
0
No Impact
IXI
[x1
IXI
El
El
ow
05
nEl
05
oixl
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Issues (and Supporting Information Sources). Potentially Significant
Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact
ow n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction?
0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section
303(d) list?
p) The exceedance of applicable surface or groundwater receiving water quality objectives or degradation of
beneficial uses?
IX. LANDUSE AND PLANNING - Would the project:
a) Physically divide an established comm~~&~?
b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the
project (including but not limited to the general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
X MlNERAL RESOURCES - Would the project:
a) Result in the loss of availability of a hown mineral
resource that would be of future value to the region
and the residents of the State?
b) Result in the loss of availability of a locally important mineral resource recovery site delineated
on a local general plan, specific pIan, or other land
use plan?
XI. NOISE - Would the project result in:
a) Exposure of persons to or generation of noise levels in excess of standards established in the local general
plan or noise ordinance or applicable standards of
other agencies?
0
0
I
o b) Exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise
levels? %
cl c) A substantial permanent increase in ambient noise ,levels in the project vicinity above levels existing
without the project?
0 d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
levels existing without the project?
ow
0 ow
0 ow
0 clw
0 ow
0 nw
0 ow
El ow
0 ow
0 UIXI
0 ow
11 Rev. QI/Q3/04
Issues (and Supporting Information Sources).
For a project located within an airport land use plan
or, where such a plan has not been adopted, within 2
miles of a public airport or public use airport, would
the project expose people residing or worl&g in the
project area to excessive noise levels?
For a project within the vicinity of a private airstrip,
would the project expose people residing or working
in the project area to excessive noise levels?
XII. POPULATION AM) HOUSING - Would the project:
Induce substantial growth in an area either directly
(for example, by proposing new homes and
businesses) or indirectly (for example, through
extension of roads or other inf?astructure)?
Dispiace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
Xm. PUBLIC SERVICES
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered government facilities, a
need for new or physically altered government
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
i)
ii)
iii)
iv)
v)
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?-
XIV. RECREATION
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
Potentially Significant
Potentially Unless Less Than Significant Mitigation Significant Impact Incorporated Impact
CI cl
0
0
0
I
0
0
0
0
0
12 Rev. 07/03/04 /9
Issues (and Supporting Information Sources).
Does the project include recreational facilities or
require the construction or expansion of recreational
facilities, which might have an adverse physical
effect on the environment?
XV. TRANSPORTATION/TRAFFC - Would the project:
Cause an increase in traffic, which is substantial in
relation to the existing traffic load and capacity of the
street system (i.e., result in a substantial increase in
either the number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections)?
Exceed, either individually or cumulatively, a level
of service standard established by the county
congestion management agency for designated roads
or highways?
Result in a change in air traffic pattern, includmg
either an increase in traffic levels or a change in
location that results in substantial safety risks?
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
Result in inadequate emergency access?
Result in insufficient parking capacity?
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus tum-
outs, bicycle racks)?
XVI. UTILITIES AND SERVICES SYSTEMS - Would the
project:
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
Require or result in the construction of new water or
wastewater treatment facilities or expansion of
existing facilities, the construction of which would
cause significant environmental effects?
Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects?
7.
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or
are new or expanded entitlements needed?
Potentially Significant Impact
CI
El
0
0
0
0
0
I
U,
0
Potentially Significant Unless Mitigation Incorporated
0
0
0
CI
0
Less Than Significant Impact
0
0
0
0
0
0
0
0
i3
No Impact
Ixl
Ixl
IXI
Ix1
IXI
IXI
IXI txl
IXI
IXI
IXI
Ixl
13 Rev. 07/03/04
Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact
0 0 ow e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
project’s projected demand in addition to the
provider’s existing commitments?
CI 0 ow f) Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?.
CI ow g) Comply with federal, state, and local statutes and regulations related to solid waste? 0
XW. MANDATORY FINDINGS OF SIGNIFICANCE
0 a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
CI CI IXI
0 ow b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula-
tively considerable” means that the incremental
effects of a project are considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects?)
0 ow c) Does the project have environmental effects, which
will cause the substantial adverse effects on human
beings, either directly or indirectly?
’
XVIII. EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or
more effects have been adequately analyzed in an earlier EIR or negative declaration. Section
15063(c)(3)(D). In this case a discussion should identify the following on attached sheets:
a) Earlier analyses used. Idenw earlier analyses and state where they are available for review.
b) Impacts adequately Zddressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,”
describe the mitigation measures, which were incorporated or refined from the earlier document
and the extent to whch they address site-specific conditions for the project.
14 Rev. Q7103IQ4
DISCUSSION OF ENVIRONMENTAL EVALUATION
I. AESTHETICS
The project does not have the potential for sidcant aesthetic &acts because it is solely a policy change
to the General Plan to acknowledge the recently adopted Habitat Management Plan. No development
projects are proposed or permitted by this action. No grading, construction or development of any kind is
proposed or permitted by this section.
II. AGRICULTURAZ, RESOURCES
No agricultural lands will be affected by these amendments to the General Plan.
III. AIR QUALITY-Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The project site is located in the San Diego Air Basin which is a federal and state non-attainment area
for ozone (03), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter
(PMlo). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the polhtion
controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is
embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District
(APCD) and the San Diego Association of Governments (SNAG).
A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state-
mandated plan. This local plan was combined with plans fiom all other California non-attainment areas having
serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to
the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly
regardmg airsheds with the worst smog problems, EPA approved the SIP in mid-1996.
The proposed project relates to the SIP andor RAQS through the land use and growth assumptions that are
incorporated into the air quality planning document. These growth assumptions are based on each city’s and the
County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that
the project would not have an adverse regional air quality impact. In the present case, the project is a General Plan
Amendment to incorporate policy statements relating to the recently approved Habitat Management Plan.
Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific
reference to the need to evaluate any inconsistencies between the woposed project and the applicable air quality
management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set
forth the steps needed to accomplish attainment of state and federal ambient air quality standards. The California
Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the
following:
Is a regional air quality plan being implemented in the project area?
Is the project consistent with the growth assumptions in the regional air quality plan?
I The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being
implemented. The project is consistent with the growth assumptions of the City’s General Plan and the RAQS.
Therefore, the project is consistent with the regional air quality‘ plan and will in no way conflict or obstruct
implementation of the regional plan.
In addition to the above, the project under consideration at this time has no potential to create air quality impacts
because it is solely a General Plan Amendment to incorporate policy statements relating to the recently adopted
Habitat Management Plan. No physical development projects are proposed or permitted by this action.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality
violation?
No Impact. The closest air quality monitoring station to the project site is in the City of Oceanside. Data available
for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the
15 23 Rev. 07/03/04
state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal %hour
average for ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of
any other air quality standards have been recorded recently.
c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project
region is non-attainment under an applicable federal or state ambient air quality standard?
No Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. The
proposed project would represent a contribution to a cumulatively considerable potential net increase in emissions
throughout the air basin. As described above, however, emissions associated with the proposed project would be
minimal. Given the limited emissions potentially associated with the proposed project, air quality would be
essentially the same whether or not the proposed project is implemented.
d) Expose sensitive receptors to substantial pollutant concentrations?
No Impact.
concentrations.
As noted above, the proposed project would not result in substantial pollutant emissions or
e) Create objectionable odors affecting a substantial number of people?
No Impact. As noted above, the project has no potential to result in objectionable odors.
Iv.
V.
VI.
w.
VIlI.
Ix.
BIOLOGICAL RESOURCES
The project does not have the potential for significant impacts to biological resources because it is solely an
amendment to the General Plan to incorporate references to the city’s recently approved Habitat
Management Plan. No development projects are proposed or permitted by this action. No grading,
construction or development of any kind is proposed or permitted by this action.
CULTURAL RESOURCES
The project does not have the potential for significant impacts to cultural resources because it is solely an
amendment to the General Plan to incorporate references to the city’s recently approved Habitat
Management Plan. No development projects are proposed or permitted by this action. No grading,
construction or development of any kind is proposed or permitted by this action.
GEOLOGY AND SOILS
The project does not have the potential for significant impacts to geology and soils because it is solely an
amendment to the General Plan to incorporate references to the city’s recently approved Habitat
Management Plan. No development projects are proposed or permitted by this action. No grading, construction or development of any kind is proposed or perytted by this action.
HAZARDS AND HAZARDOUS MATERTALS
The project does not have the potential for significant impacts to hazards and hazardous materials because
it is solely an amendment to the General Plan to incorporate references to the city’s recently approved
Habitat Management Plan. No development projects are proposed or permitted by this action. No grading,
construction or development of any lund is proposed or permitted by this action. ,
HYDROLOGY AND WATER QUALITY
The project does not have the potential for significant impacts to 6ydrology and water quality because it is
solely an amendment to the General Plan to incorporate references to the city’s recently approved Habitat
Management Plan. No deveJopment projects are proposed or permitted by this action. No grading,
construction or development of any kind is proposed or permitted by this action.
LAND USE AND PLANNING
The proposed project is a Land Use and Planning action in that it consists of a General Plan Amendment to
the Open Space and Conservation Element and the Land Use Element. The project will not divide an
established community because it consists solely of policy statements and referencing of the city’s recently
approved Habitat Management Plan.
The project is consistent with the General Plan and the City’s codes and regulations. Specifically, the Open
Space and Conservation Element and the Land Use Element already contains numerous policies supporting
habitat preservation and the city’s efforts in the preparation of a comprehensive plan to provide for such
16 Rev. 07/03/04 613
X.
XI.
m.
WI.
XIV.
xv.
preservation. Follow-up Zone Code Amendments will be processed to llly implement the Habitat
Management Plan. No development projects are proposed or permitted by this action. No gradmg, construction or development of any kind is proposed or permitted by this action.
MINERAL RESOURCES
The project does not have the potential for significant impacts-to mineral resources because it is solely an
amendment to the General Plan to incorporate and reference the city’s recently approved Habitat
Management Plan. No development is proposed or permitted by this action.
NOISE
The project does not have the potential for generating significant noise impacts because it is solely an
amendment to the General Plan to incorporate and reference the city’s recently approved Habitat
Management Plan. No development is proposed or permitted by this action.
POPULATION AND HOUSING
The project does not have the potential for generating significant noise impacts because it is solely an
amendment to the General Plan to incorporate and reference the city’s recently approved Habitat
Management Plan. No development is proposed or permitted by this action.
PUBLIC SERVICES
The project does not have the potential for generating sigolficant noise impacts because it is solely an
amendment to the General Plan to incorporate and reference the city’s recently approved Habitat
Management Plan. No development is proposed or permitted by this action.
RECREATION
The project does not have the potential for generating significant impacts to recreation because it is solely
an amendment to the General Plan to include policies referencing the city’s recently adopted Habitat
Management Plan. No grading, construction or development of any kind is proposed or permitted by this
action.
TRANSPORTATION/TRAJ?FIC-Would the project:
Questions a-c
No Impact. The project does not have the potential for generating significant impacts to transportation or vehicular
traffic because it is solely an amendment to the General Plan to include policies referencing the city’s recently
adopted Habitat Management Plan.
d) Substantially increase hazards due to a design feature orincompatible uses?
No Impact. The project proposes addmg policies related to the recently approved Habitat Management Plan and
therefore, does not allow any development which would result in road design hazard. As discussed under Land Use
and Planning, the proposed project is consistent with the existing policies contained in the city’s General Plan.
Therefore, it would not increase hazards due to an incompatible use. No impact assessed.
e) Result in inadequate emergency access?
No Impact. The project is a General Plan Amendment to reference the ci&’s Habitat Management Plan and has no
impact on emergency access.
7.
f) Result in inadequate parking capacity?
No Impact. The proposed project does not impact any parking in that it only relates to the city’s Habitat
Management Plan.
g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks, etc.)?
No Impact. The project is a General Plan Amendment to reference the city’s Habitat Management Plan and has no
impact on policies related to transportation.
17 Rev. 07/03/04
XVI. UTILITIES AND SERVICES SYSTEMS
The project does not have the potential for generating significant impacts to utilities and
services systems because it is solely an amendment to the General Plan to incorporate and
reference the city’s Habitat Management Plan. No grading, construction or development
of any kind is proposed or permitted by this action. -
EARLIER ANALYSIS USED AM) SUPPORTING INFORMATION SOURCES
The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning
Department located at 1635 Faraday Avenue, Carlsbad, California, 92008.
1.
2.
3.
Final Master Environmental hact Rmort for the City of Carlsbad General Plan Update (MER 93-01).
City of Carlsbad Planning Department. March 1994.
City of Carlsbad General Plan, Open Space and Conservation Element, Land Use Element, City of
Carlsbad Planning Department.
Habitat Management Plan for Natural Communities in the City of Carlsbad (2004, with Implementing
Agreement and Terms and Conditions). City of Carlsbad Planning Department.
I
J
18 Rev. 07/03/04
LIST OF MITIGATING MEASURES (IF APPLICABLE)
I
19 Rev. 07/03/04
APPLICANT CONCURRENCE WITH MITIGATION MEASURES
THIS IS TO CERTIFY THAT I HAVE REVIEWED THE ABOVE MITIGATING MEASURES AND CONCUR
WITH THE ADDITION OF THESE MEASURES TO THE PROJECT.
Date Signature
.
I
20
I
097 Rev. 07/03/04
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PLANNING COMMISSION RESOLUTION NO. 5903
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CITYWIDE AMENDMENT TO THE LAND
USE ELEMENT OF THE GENERAL PLAN TO
INCORPORATE REFERENCES AND POLICY STATEMENTS
RELATED TO THE CITY’S HABITAT MANAGEMENT
PLAN.
CASE NAME:
CASE NO: GPA 05-01
LAND USE ELEMENT AMENDMENT
WHEREAS, City, “Applicant,” has filed a verified application with the City of
Carlsbad regarding property described as
Citywide
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “A” dated May 18, 2005, attached hereto and on file in the
Carlsbad Planning Department LAND USE ELEMENT AMENDMENT - GPA 05-01 as
provided in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commiskon did, on the 18th day of May 2005, hold a
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Plan Amendment.
-9
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
GPA 05-01, based on the following findings:
RECOMMENDS APPROVAL of LAND USE ELEMENT AMENDMENT -
a8
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Findinw :
1. This General Plan Amendment (GPA 05-01) is consistent with existing goals of the
City’s General Plan as described in Table A (General Plan Compliance) of the
Planning Commission Staff Report, dated May 18,2005.
2. This Amendment will establish the policy foundation for consistency determination
for subsequent amendments to the Zoning Ordinance required to implement the
City’s Habitat Management Plan.
3. This Amendment will implement the City’s Habitat Management Plan by ensuring
that all future development projects comply with the Plan in order to be consistent
with the General Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of May 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT:
ABSTAIN:
JEFFRE N. SEGALL, Chairperson
CARLSBAD PLANNING COMMISSION
KTEST: .
DON NEU
Assistant Planning Director
PC RES0 NO. 5903 -2-
I
29
EXHIBIT ‘A”
Land Use Element PA 05-01 18,2005
b. The remaining sites identified in the housing
element are adequate to accommodate the
City’s share of the regional housing need
pursuant to Government Code Section 65584.
If a reduction in residential density for any parcel
would result in the remaining sites identified in the
housing element not being adequate to
accommodate the City’s share of the regional
housing need, the City may reduce the density on
that parcel provided it identifies sufficient
additional, adequate, and available sites with an
equal or greater residential density so that there is
no net loss of residential unit capacity.
The City shall be solely responsible for
compliance with Government Code Section
65863, unless a project applicant requests in his
or her initial application, as submitted, a density
that would result in the remaining sites in the
housing element not being adequate to
accommodate the City’s share of the regional
housing need. In that case, the City may require
the project applicant to comply with Government
,Code Section 65863. For the purposes of
determining or requiring compliance with Government Code Section 65863, the submission
of an application does not depend on the
application being deemed complete or being
accepted by the City.
Government Code Section 65863 does not apply
to parcels that, prior to January 1, 2003, were
either 1) subject to a development agreement, or
2) parcels for which an application for a
subdivision map had been submitted.
Residential density shall be determined based on
a number of dwelling units per developable acre
of property. The following lands are considered
to be undevelopable and shall be excluded from
density calculations:
a.
b.
d.
e.
f.
9.
h.
C.
Beaches;
Permanent bodies of water;
Floodways;
,Slopes with an inclination of Greater than
40%; Significant wetlands;
Significant riparian woodland habitats;
Land subject to major power transmission
easements;
Land upon which other significant envir-
onmental features as determined by the
environmental review process for a project
are hated; and
i. Railroad track beds.
No residential development shall occur on the
lands listed above; however, the City Council may
permit limited development of such property, if
when considering the property as a whole, the
prohibition against development would constitute
an unconstitutional deprivation of property.
Development on slopes with an inclination of 25%
to 40% shall be permitted if designed to minimize
the grading and comply with the slope develop-
ment provisions of the hillside ordinance and the
Carlsbad Local Coastal Program. However, only
50% of the area shall be used for density calculations.
In instances where a property owner is preserving a significant amount of open space land beyond
what would normally be required by city
ordinances for purposes of environmental
enhancement, fi mxmes compliance with the Habitat
Mananement Plan or otherwise leaving
developable property in its natural condition, the
City shall consider allowing the density or
development potential of the property being
preserved to be transferred to another portion of
the property or another distinct property. In these
instances, the density/development potential of
the property being left in open space shall be
reserved for and used on the remainder of the
land opned by the property owner, or through a
negotiated agreement with the City, may be
transferred to land owned by another property
owner.
.. ..
All legally existing R-2 lots, as of December 1,
1986, may be developed with a two-family
residence regardless of the density allowed by
their General Plan designation if they can comply
with all applicable development standards in
effect at the time of their development and if the
following findings can be made:
.
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;
~~
Page 15
30
Land Use Element
management and sewage disposal
capacity.
C.10 Manage the disposal or recycling of solid
waste and sewage within the City.
C.11 Cooperate with other cities in the region to
site and operate both landfill and recycling
facilities.
C.12 Continue to phase 'in all practical forms of
mandatory recycling, to the extent
possible.
RES1 DENTIAL
A. GOALS
A.l A City which provides for a variety of
housing types and density ranges to meet the diverse economic and social require-
ments of residents, yet still ensures a
cohesive urban form with careful regard for compatibility while retaining the present
predominance of single family residences.
A.2 A City with neighborhoods that have a
sense of community where residents
including children, the disabled and the
elderly feel safe and comfortable traveling
to daily destinations; where homes and
trees line the streets; where central
gathering places create focal points; and
where recreation areas are provided for a
variety of age groups.
6. OBJECTIVES
6.1 To achieve a variety of safe, attractive
housing in all economic ranges throughout
the City.
6.2 To preserve the neighborhood atmos-
phere and identity of existing residential
areas.
To offer safe, attractive residential areas
with a wide range of housing types, styles
and price levels in a variety of locations.
).
6.3
6.4 To ensure that new master planned com-
munities and residential specific plans
contribute to a balanced community by providing, within the development, ade-
quate areas to meet some sociaVhurnan
sekice needs such as sites for worship,
daycare, youth and senior citizen activities,
etc.
6.5 To ensure that new development is
designed with the focus on .residents
instead of the automobile by providing:
pedestrian-friendly, tree-lined streets;
walkways to common destinations such as
schools, parks and stores; homes that
exhibit visual diversity, pedestrian-scale
and prominence to the street; and
recreation amenities for a variety of age
groups.
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
C.l Encourage the provision of low and
moderate income dwelling units to meet
the objectives of the City's Housing
Element.
c.2 Allow density increases, above the
maximum residential densities permitted
by the General Plan, to enable the
development of lower-income affordable housing, through the processing of a site
development plan. Any site development
plan application request to increase
residential densities (either above the
Growth Management Control Point or
upper end of the residential density
range(s)), fordpurposes of providing lower-
income affordable housing, shall be
evaluated relative to: (a) the proposal's
compatibility with adjacent land uses; (6)
the adequacy of public facilities; and (c)
the project site being located in proximity
to a minimum of one of the following: a
freeway or major roadway, a commercial
center, employment opportunities, a city
park or open space, or a commuter rail or
transit center.
C.3 Consider density and development right
transfers in instances where a property
owner is preserving open space in excess
of normal city requirements or comdving
with the citv's Habitat Manaaement - Plan.
~
Page 33
31
Land Use Element
c.11
c.12
C.13
C.14
C.15
Regulate industrial land uses on the basis
of performance standards, including, but
not limited to, noise, emissions, and traffic.
Control nuisance factors (noise, smoke,
dust, odor and glare) and do not permit
them to exceed city, state and federal
standards.
Require private industrial developers to
provide for the recreational needs of
employees working in the industrial area.
Screen all storage, assembly, and
equipment areas completely from view.
Mechanical equipment, vents, stacks,
apparatus, antennae and other
appurtenant items should be incorporated
into the total design of structures in a
visually attractive manner or should be
entirely enclosed and screened from view.
Analyze the feasibility of zone changes to
redesignate the Commercial Manu-
facturing Zone and the Manufacturing
Zone as Planned Industrial Zones.
AGRlCU LTURE
A. GOALS
A.l A City which prevents the premature
elimination of agricultural land and
preserves said lands wherever possible.
A.2 A City which supports agriculture while
planning for possible transition to urban
uses.
B. OBJECTIVES
B.l To permit agricultural land uses throughout
the City.
To conserve the largest possible amount
of undeveloped land suitable for agricultural purposes, through the willing
compliance of affected parties.
l.
8.2
8.3 To develop measures to ensure the
compatibility of agricultural production and
adjacent land uses.
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
C.l Support and utilize all measures available,
including the Williamson Act, to reduce the
financial burdens on agricultural land, not
only to prevent premature development,
but also to encourage its continued use for
agricultural purposes.
C.2 Participate with neighboring cities and
communities in projects leading to
preservation of agricultural resources and
other types of open space along mutual
sphere of influence boundaries.
C.3 Consider the acquisition of lands or prop-
erty rights for permanent agricultural uses
through methods or means such as trusts,
foundations, and city-wide assessment districts.
C.4 Attempt to preserve the flower fields or
lands east of 1-5 to the first ridgeline
between Cannon Road and Palomar
Airport Road, through whatever method
created and most advantageous to the City
of Carlsbad.
C.5 Buffer agriculture from more intensive
urban land uses with mutually compatible
intermediate land uses.
C.6 Encourage soil and water conservation
Rechniques in agricultural activities.
ENVl RO N M ENTAL
A. GOAL
A City which protects and conserves natural
resources, I fragile ecological areas, unique
natural assets and historically significant features
of the community.
B. OBJECTIVE
To establish the preservation of the natural
habitat of the rivers, riverbanks, streams, bays,
lagoons, estuaries, marshes, beaches, lakes,
shorelines and canyons and other areas
containing rare and uniaue bioloqical
resources as a high priority.
Land Use Element
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
c.1
c.2
c.3
c .4
c.5
C.6
c.7
C.8
c.9
Preserve Buena Vista Lagoon and Bati-
quitos Lagoon as visual resources and wildlife preserves.
Ensure that slope disturbance does not
result in substantial damage or alteration
to major significant wildlife habitat or
significant native vegetation areas unless
they present a fire hazard as determined
by the Fire Marshal.
Ensure that grading for building pads and
roadways is accomplished in a manner
that maintains the appearance of natural
hillsides.
Relate the density and intensity of
development on hillsides to the slope of
the land to preserve the integrity of
hillsides.
Limit future development adjacent to the
lagoons and beach in such a manner so as
to provide to the greatest extent feasible
the physical and visual accessibility to
these resources for public use and
enjoyment.
Ensure the preservation and maintenance
of the unique environmental resources of
the Agua Hedionda Lagoon while providing
for a balance of public and private land
uses through implementation of the Agua
Hedionda Land Use Plan.
Require comprehensive environmental
review in accordance with the California
Environmental Quality Act (CEQA) for all
projects that have the potential to impact
natural resources or environmental fea-
tures. 7.
Require that the construction of all projects
be monitored to ensure that environmental
conditions and mitigating measures are
fully implemented and are successful.
Implement to the greatest extent feasible
the natural resource protection policies of
the Local Coastal Program.
c.10
c.11
c.12
Utilize the goals, objectives and imple-
menting policies of the Open Space Ele-
ment regarding environmental resources
that should be protected as open space.
Participate in programs that restore and
enhance the City's degraded natural re-
sources.
Implement the Batiquitos Lagoon En-
hancement Plan.
C.13 Implement the Habitat Manaaement
Plan in order to protect rare and unique
bioloaical resources with the citv so as
to preserve wildlife habitats.
TRANSPORTATION CORRIDOR
A. GOAL
A City which supports the improvement and
modernization of railroad facilities within Carls-
bad and the region.
B. OBJECTIVES
B.l To support the installation and operation of
a commuter rail system in Carlsbad.
B.2 To encourage the use of the excess
,railroad right-of-way for landscaping,
parking facilities, recreation areas, trails
and similar uses.
C. IMPLEMENTING POLICY AND
ACTION PROGRAM
Adopt a comprehensive plan addressing the
design and location of future commuter rail
stations as well as methods of improving the
appearance and public use of the railroad right-
of-wa y.
SPECIAL PLANNING
CONSIDERATIONS--AIRPORT
A. GOAL
Page 41
33
Land Use Element
DENSITY BONUS PROGRAM
ENVIRONMENTALLY SENSITIVE LANDS
GMP
GROWTH MANAGEMENT PROGRAM/PLAN (GMP)
GROWTH MANAGEMENT ZONE
HABITAT MANAGEMENT PLAN
LCP
LFMP
LOCAL COASTAL PROGRAM (PCAN) (LCP)
LOCAL FACILITIES MANAGEMENT PLAN (LFMP)
sible space include: improving the natural ca-
pability o’f residents to visually survey the public
areas of their residential environment; enhanc-
ing spheres of territorial influence within which
residents can easily adopt proprietary attitude;
and, enhancing safety through the strategic
geographic locations of intensively used corn-
munity facilities.
A density increase of at least 25% over the
otherwise maximum allowable residential
density under the applicable zoning and land
use.
Open space lands which are constrained or
prohibited from development including beaches,
lagoons, wetlands, other permanent water
bodies, riparian habitats and steep slopes.
See Growth Management Plan.
A comprehensive approach to land use planning
now and in the future. It links residential, com-
mercial and industrial development directly to
the availability of public services and facilities. It
sets limits on the total number of housing units
to be built and increases the total amount of
open space to be preserved in the City.
A geographically-defined area in the City, the
boundaries of which were based upon logical
facilities and improvements planning relation-
ships. Under the City’s Growth Management
Plan, there are 25 zones and a plan for facilities
and iFprovements is required for each zone
before development can occur.
A comprehensive, citvwide uronram which
identifies how the citv can preserve the
diversity of natural habitats and protect rare
and uniaue bioloaical resources.
See Local Coastal Program.
See Local Facilities Management Plan.
A specifically prepared land use plan for the
portion of the City located within the Coastal
boundaries as defined by the State Coastal Act.
The plan must address the protection of coastal
resources and public access to the coastline.
Shows how and when the following facilities and
improvements necessary to accommodate de-
velopment within the zone will be installed or
I
Page 45
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PLANNING COMMISSION RESOLUTION NO. 5904
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAFZSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A CITYWIDE AMENDMENT TO THE OPEN
SPACE AND CONSERVATION ELEMENT OF THE
GENERAL PLAN TO INCORPORATE REFERENCES AND
POLICY STATEMENTS RELATED TO THE CITY’S
HABITAT MANAGEMENT PLAN.
CASE NAME: OPEN SPACE AND CONSERVATION
ELEMENT AMENDMENT
CASE NO: GPA 05-02
WHEREAS, City, “Applicant,” has filed a verified application with the City of
Carlsbad regarding property described as
Citywide
(“the Property”); and
WHEREAS, said verified application constitutes a request for a General Plan
Amendment as shown on Exhibit “A” dated May 18, 2005, attached hereto and on file in the
Carlsbad Planning Department OPEN SPACE AND CONSERVATION ELEMENT
AMENDMENT - GPA 05-02 as provided in Government Code Section 65350 et. seq. and
Section 21.52.160 of the Carlsbad Municipal Cody; and
WHEREAS, the Planning Commission did, on the 18th day of May 2005, hold a
duly noticed public hearing as prescribed by law to consider said request;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the General Prim Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the above recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of OPEN SPACE AND CONSERVATION
ELEMENT AMENDMENT - GPA 05-02, based on the following findings: 35-
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Findings:
1. The General Plan Amendment (GPA 05-02) is consistent with existing goals of the
City’s General Plan as described in Table A (General Plan Compliance) of the
Planning Commission Staff Report, dated May 18,2005.
2. This Amendment will establish the policy foundation for consistency determination
for subsequent amendments to the Zoning Ordinance required to implement the
City’s Habitat Management Plan.
3. This Amendment will implement the City’s Habitat Management Plan by ensuring
that all future development projects comply with the Plan in order to be consistent
with the General Plan.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 18th day of May 2005, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Cardosa, Dominguez,
Heineman, and Montgomery
NOES:
ABSENT:
ABSTAIN:
CARLSBAD PLANNING COMMISSION
ATTEST:
DON NEU
Assistant Planning Director
PC RES0 NO. 5904 -2-
I
State Recreation Planninq
The State Recreation Planning column is included
in Table 1: Regulatory Open Space Protection
not because of any regulations administered by
the State Recreation Department, but rather
because the de facto operations of the
department serve to protect certain coastal
resources within Carlsbad. The State owns land
for the State Beach Recreation Area, as well as
additional land in Zone 3, which it may seek to
develop to expand the existing camping facilities
offered at the State Beach. Thus, the state's
recreation provision and planning have an impact
on the open space inventory in Carlsbad.
It should also be noted that under Article 6:
California Recreation Trails, State Public
Resources Code, addressing "Open-Space
Elements and Txails", State law 5076 says: "In
developing the open-space element of a general plan ... every city and county shall consider
demands for trail-oriented recreational use and
shall consider such demands in developing
specific open-space programs."
Local Coastal Proaram
Each of the 15 counties and 53 municipalities
along the California coastline is required by the
California Coastal Act to prepare a Local Coastal
Program (LCP). The LCP includes two main components: a land use plan and related
implementing measures including a zoning map
and zoning ordinance. In particular, the local
coastal land use plans include measures
specifcally intended to protect natural open space
resources, scenic resources, agricultural lands,
and public access rights.
Carlsbad MuniciDal Code
There are a number of components of the City's
municipal code which serve to protect open space
resources. These include the protection from
development of specific resources such as steep
slopes, as well as, measures which guide the
City's project design review process. The
municipal code specifically addresses the
protection of all the types of open space included
under Category 1: Open Space for the
Preservation of Natural Resources, certain types
of agriculture, certain recreational open spaces, scenic resources, and certain health and safety
issues. Particular components of the municipal
code which regulate open space include the Open
Space Ordinance, the Hillside Ordinance, the
Planned D6velopment Ordinance, the residential
park land dedication requirements, and the
industria[ park land dedication requirements.
Carlsbad Growth Manaaement Proaram
The City's growth management program includes
two critical components with regard to protection
of open space in Carlsbad. The first requires that
all projects prepare a constraints map indicating
the locations of a variety of resources considered
environmentally constrained. Beyond this
environmentally constrained "set-aside", the
growth management program requires that an
additional 15-percent of the otherwise
developable land be set aside for open space.
(The growth management 15-percent open space
standard does not apply in certain zones because,
at the time the standard was established, the
zones were already developed and/or met or
exceeded the requirement.) The administration of
this idpercent requirement forms a vital
component of the implementation proposals of
this element. However, the open space types
indicated in Table 1 as protected under growth
management are those that are regulated without
consideration of the additional 15-percent
requirement.
Carlsbad Habitat Mananement Plan
The Habitat Manaaement Plan desianates
approximatelv 6,500 acres of the oPen space
lands in the city for preservation based on its
value as habitat for endanaered animals and
rare, uniaue or sensitive plant species. The
plan identifies how the city can protect and
maintain these lands while still allowing
additional public and private development
consistent with the General Plan and the
Growth Manaaement Plan.
Land Trusts
Throughout,America, there are a growing number
of local, state, and regional groups called land
trusts, conservancies, or foundations. These
private, nonprofit, tax-exempt charitable
corporations typically share a common goal in
attempting to protect open space lands
threatened by development. Some land trusts are
formed to address a specific resource. One such
local group is the Buena Vista Lagoon
Foundation. However, the more active trusts try
to affect land use patterns throughout their
community. The inclusion of "Land Trusts" as a
~~~
Page 9 39
implementation of the primary and secondary
open space priorities described in the
Citywide Open Space Plan. "
The conceptual components of this map, including
the trail system and greenways, are intended to
be flexible. It is anticipated that the specific
alignments of all conceptual open space
components will be determined through specific
site plan and environmental review. Adjustments
to the conceptual open- space components,
including the trail system and greenways, will not require a general plan amendment. However, the
point at which a greenway or trail passes from one
zone to an adjacent zone, or from one property
ownership to an adjacent ownership, should
remain consistent with this map, unless an
agreement has been reached with the adjacent
zone or owner ,to shift the transition point. A
general plan amendment will not be required to
specifically site the conceptual components of this
plan. It is anticipated that on an annual basis the City will initiate a general plan amendment to add
all dedicated open space areas to the Open
Space and Conservation and Land Use Maps. A
general plan amendment will be required if any
component of the conceptual plan is deleted.
Habitat Management Plan Map
The 'Habitat Manaaement Plan map graphically
shows the preserve svstem that will be
created bv conformance with the citv's Habitat
Manaqement Plan. In total, approximately
6,500 acres of open space lands will be
reserved conserving the full ranae of
veaetation tvpes remainina in the citv with a
focus on rare and sensitive plants, and habitat
for endanaered animal species. The map
consists of existina preserve areas, proposed
preserve areas and future preserve areas.
111. GOALS, OBJECTIVES
& IMPLEMENTNG
POLICIES & ACTION
PROGRAMS
OPEN SPACE PLANNING AND
PROTECTION
This section' provides the policy direction for the
planning, protection and preservation of open
space lands within the City.
A. GOALS
A.l An open space system of aesthetic value that
maintains community identity, achieves a sense of
natural spaciousness, and provides visual relief in
the cityscape.
A.2
A. 3
A.4
A city with a balance of programmed and
unprogrammed open space within each of
the four quadrants of the City.
An open space system that improves the
quality of life for the citizens of Carlsbad.
A city with an adequate amount and variety of open space for outdoor recreation,
including, but not limited to: parks;
beaches; areas for organized sports; connecting corridors containing trails; water
recreation areas (beaches, lagoons, lakes);
unique conservation areas for nature study; and, semi-developed areas for camping.
B. OBJECTIVES
8.1
6.2
8.3
B .4
5.5
To preserve, protect and enhance those areas of the City that provide unique and
special open space functions including, but
not limited to, cultural and visual amenities,
active and passive recreational uses,
landmarks, buffers between incompatible
land uses, wildlife habitats and unique and
desirable vegetation.
Jo create a more rural atmosphere in the
urban environment, by identifying, acquiring,
and protecting natural open space areas
which are visible from public gathering
places.
To provide public access to all open space
areas except where sensitive resources
may be threatened or damaged, where the
public, health and safety may be
compromised or where access would
interfere with the managed production of
resources, such as agriculture.
To mandate open space as a necessary
provision of the Local Facilities
Management Zone plans which are required
by the Growth Management Ordinance.
To provide for parks and plazas and
preserve natural areas within
developments.
-
Page 22 38
6.6
6.7
6.8
6.9
6.10
6.1 1
To provide, where possible, increased
setbacks along arterial corridors and
establish greenways or similar areas to
preserve and/or create open space areas
as a means of maintaining community scale
and identity, separating conflicting land
uses, and achieving a sense of natural
openness as an integral part of urban
surroundings.
To provide for the distribution of
programmed and unprogrammed recreation
areas throughout the four quadrants of the
City and to separate the uses where
needed.
To set aside 15 percent of the developable
land of specified zones as open space,
pursuant to the Growth Management open
space performance standard.
To maintain an inventory of open space.
To monitor implementation of the
recommendations of the Open Space and
Conservation Resource Management Plan.
To coordinate open space planning efforts
with state and local agencies.
8.12 To contribute to reaional biodiversitv
and the viabilitv of rare, unique or
sensitive biological resources
throughout the citv bv maintaining
functional wildlife corridors and habitat
lin kane.
C. IMPLEMENTING POLICIES
AND ACTION PROGRAMS
c.1
c.2
Use open space to provide neighborhood,
community, and city identity and to provide
separations between conflicting land uses.
Assure that the City's Open Space Advisory
Committee continues to meet on a periodic
basis so long as authorized by the City
Council. The Committee's responsibilities
should include:
(1 ) Advocacy of Open Space;
(2) Recommendations to the Planning
Commission and City Council on Open Space
issues;
(3) Continued development and revision of
Open Space policies as defined by the City's Open Space ordinances and programs;
(4) Monitoring implementation of Open
Space policies;
(5) Redommending priorities for Open Space,
including acquisition, use, and maintenance
progiams, on at least an annual basis;
(6) Setting and refining guidelines for specific
project review of Open Space.
C.3 Ensure that the open space ordinance
requires monitoring.
C.4 Identify existing open space for protection,
management, and potential enhancement
to maintain and, if possible, increase its
value as wildlife habitat.
C.5 Prepare citywide maps and diagrams
showing the following:
(1 ) Environmentally constrained open space;
(2) Existing and approved open space;
(3) Proposed future open space system
concept;
(4) Proposed Carlsbad Trail System.
C.6
c.7
C.8
c.9
c.10
Depict on land use maps, zoning maps, and
the City's open space maps specific
information regarding open space as it
becomes available.
Give city staff the flexibility to add to the open space inventory maps, those new
areas which may be created by various
circumstances, such as, discretionary
approvals, land acquisition, and donations
of land.
Utilize the Growth Management Ordinance
to implement the goals and objectives of
this element and establish standards for
open space.
Count toward meeting the 15 percent
browth Management performance
standard, any land area that otherwise
qualifies, but which is not available to the
public without some monetary or other
consideration, so long as it incorporates one
or more of the open space priorities
identified for the zone in which it is located,
and the granting of the open space credit
for such land will not adversely impact the
City's ability to obtain open space priorities
identified for the zone.
Revise and amend the Open Space
Ordinance, No. 9795 to: (1) more precisely
identify and define lands considered as
undevelopable; (2) include provisions for
buffer areas around sensitive lands; (3) define the word significant; and (4) include
specific conditions and restrictions on non-
residential development.
c.21
c.22
C.23
C.24
C.25
C.26
development, provided the boundary
modification preserves open space at a 2 to
1 ratio (proposed acreage to existing
acreage) and is within close proximity to the
original area of open space. Additionally,
City Council may exempt public rights-of-
way from the boundary adjustment
procedures. However, environmental
analysis shall be performed for all proposed
public right-of-way improvements, and if
determined that there are significant
adverse impacts to the value of the open
space system, those impacts shall be
mitigated.
It is not the intention of this boundary
adjustment procedure to allow for the exchange of environmentally constrained
lands which are designated open space, for
lands which are not environmentally constrained.
Eliminate as a means of meeting the open space performance standard parks, public
or private. However, credit may be granted
for private parks if the granting of the open
space credit for this use will not adversely
impact the City's ability to obtain all of the
open space priorities identified for the zone
in the Open Space and Conservation
Resource Management Plan.
Utilize open space where appropriate, to
delineate neighborhoods, the City's
boundaries and to buffer major land uses
within the City.
Utilize Specific Plans, Master Plans and Local Facilities Management Plans to refine
and implement recommendations of the
Open Space and Conservation Resource
Management Plan.
Consider for dedication to the City any open
space lands, if they are open space areas
identified in the Open Space and
Conservation Resource Management
Plan.
Review and update the implementation
strategies outlined in the Open Space and
Conservation Resource Management Plan.
These implementation strategies are
intended to guide the systematic
acquisition, protection, maintenance,
administration and financing of open space
and provide an organizational structure to
implement the City's open space plan.
Rezone open space lands, dedicated to the
City in fee title or easement to open space
(OS) zoning.
C.27 Plan 'for, and design, open space with
regard to its various specific functions, as
opposed to considering open space as
having a single general function.
C.28 Prohibit motorized off-road vehicle use in
the City except at the Carlsbad Raceway.
C.29 Prohibit hunting of wildlife in the City of
Carlsbad.
C.30 The City shall
implement the Habitat Management Pian
and shall coordinate its planninu with
the North County regional Multi-Species
Habitat Conservation Plan pkc if
OBTAINING OPEN SPACE
This section establishes the policies for obtaining
open space lands within the City.
A. GOALS
A.l
A.2
A city which provides for the open space
needs of its citizens.
A city where new developments provide for
the open space needs of their occupants.
OBJECTIVES
B.l To develop and implement financing
programs for the acquisition and maintenance of
open space.
8.2 To fund a well balanced acquisition program
prbviding a variety of open space
opportunities spread throughout the community.
B.3 To assure that, to the maximum degree possible, those benefiting from the acquisition
or improvement of open space and
recreational facilities provide funding in direct
proportion to the benefits they derive.
B.4 To encourage a combination of both private
and public open space.
C. IMPLEMENTING POLICIES
AND ACTION PROGRAMS
C.l Exactions from new developments should
include, but not be limited to, legislative
protection, Quimby Act dedication, park-in-
lieu fees, industrial recreation fees, setback
requirements, the provision of essential
Page 25 M
B.2
B.3
B.4
8.5
density credit pursuant to the Growth
Management Ordinance.
To protect public health and safety by
preserving natural and man-made hazard
areas as open space and taking special
precautionary measures to protect the
public safety where development is possible
and permitted.
To preserve areas of unique scenic,
historical, archeological, paleontological and
cultural value, and where possible, provide
public access to these areas.
To develop cultural/educational amenities
which could include a museum, exhibition
hall or interpretive center, within open space
areas.
To amend existing ordinances or develop a
new ordinance to clearly define sensitive
and constrained lands.
*-*- ,-
.. .. =-- "' tb46
d
8.7 To minimize environmental impacts to
sensitive resources within the City.
B.8 To minimize impacts from new development on hillsides, ridges, valleys,
canyons, lagoons, beaches and other
unique resources that provide visual and
physical relief to the cityscape.
To develop an inventory of environmentally
sensitive resources that are to be
conserved within the City.
B.10 To develop and implement, when possible,
a plan to guide the systematic acquisition,
protection and maintenance of sensitive
environmental resources and provide an
organizational structure to implement the
plan.
6.11 To develop and implement, when possible,
a financing strategy to acquire and protect
areas which are rich in habitat diversity.
B.12 To protect rare, threatened or endangered
plant and animal communities in
accordance with the- Habit;
8.13 To ensure that whenever possible, new
development does not adversely impact sensitive environmental resources.
8.14 To coordinate city habitat management
planning efforts with federal, state and local
agencies, and other planning efforts of the
City.
B.9
' Manauement Plan.
c. 1
c.2
c.3
c.4
c.5
C.6
c.7
C.8
c.9
C. IMPLEMENTING POLICIES
AND ACTION PROGRAMS
Utilize sensitive design criteria to preserve
the unique and special resources in the City
and to integrate them into the design of any
development.
Amend ordinances as necessary to define
sensitive and constrained lands consistent
with the City's habitat management planning
efforts, and prohibit development and
density credit thereon.
Assure that development on hillsides (if
allowed) relates to the slope of the land in
order to preserve the integrity of the
hillsides.
Designate for preservation as open space
those areas that provide unique visual
amenities and define the urban form as
contained in the Open Space and
Conservation Resource Management Plan.
These areas shall include agriculture, hillsides, ridges, valleys, canyons, beaches,
lagoons, lakes and other unique resources
that provide visual and physical relief to the
cityscape by creating natural contrasts to
the built-up, manmade scene.
Designate for open space, hillsides, valleys and ridges during the approval of Specific
Plans, Master Plans and Planned
Developments, and also at the time of
subdivision approval consistent with the
recommendations of the Open Space and Fonservation Resource Management Plan.
Designate as buffers portions of land next
to sensitive environmental areas.
Assure that where feasible from an
environmental standpoint, developments
near or adjacent to bodies of water, provide
open space that has public access to and
views of the water.
Requike a city permit for any grading,
grubbing, or clearing of vegetation in .
undeveloped areas, with appropriate
penalties for violations.
Ensure that the improvements
recommended for open space areas are
appropriate for the type of open space and
the use proposed. No improvements shall
be made in environmentally sensitive areas,
except to enhance the environmental value
of the areas.
Page 27 4l
C.14
C.15
C.16
C.17
C.18
c.19
c.20
c.21
c.22
Implement ordinances limiting the density,
intensity and character of development of
hillside areas and ridges, and provide
standards for sensitive grading where
development of hillsides is allowed.
Require that at the time of any discretionary
approval, any land dedicated to the City for
its habitat or scenic value, have an
appropriate easement and/or zoning placed
on it for resource protection.
Recognize and implement the policies of
the California Coastal Act and the Carlsbad
Local Coastal Program when reviewing
potential development in the coastal zone.
Prevent incompatible development of areas that should be reserved or regulated for
scenic, historic, conservation or public
health and safety purposes.
Conserve and encourage the use of
appropriate forms of vegetation and
sensitive grading techniques needed to: (a)
prevent erosion, siltation and flooding, (b)
protect air and water resources, and (c) protect and enhance visual resources.
Preserve natural resources by: protecting
fish, wildlife, and vegetation habitats; retaining the natural character of waterways, shoreline features, hillsides, and
scenic areas and viewpoints; safeguarding
areas for scientific and educational research; respecting the limitations for air
and water resources to absorb pollution; encouraging legislation that will assist
logically in preserving these resources and,
protecting archeological and paleontological
resources.
Preserve the identity of those areas of the
City with unique topographic features and
establish proper soil management
techniques to eliminate or minimize adverse
and unsafe soil conditions.
Use the Williamson Act, land dedication,
scenic easements, or open space
easements to preserve unique and special
resources in the City.
Participate in the statewide and regional
plans (the state of California’s Natural
Community Conservation Planning (NCCP),
efforts with SANDAG and other north
county cities in the preparation of a North
County Wildlife Forum Multi-species Habitat
Conservation Plan), to conserve sensitive
environmental resources.
.
C.23 Coordinate planning and development of a
citywide open space system with habitat
planning efforts includina the citv’s
Habitat Manaqement Plan.
C.24 Minimize the encroachment .of develop.ment
into wetland and riparian areas.
C.25 Coordinate the protectfon of wetlands,
woodlands, riparian areas, and other
sensitive habitat areas with appropriate
state and federal protection agencies.
C.26 Encourage and participate in regional
planning efforts to protect environmentally
sensitive species from extinction.
C.27 Require adequate buffers between new development and environmentally sensitive
habitats.
C.28 Locate trails and other passive recreational features with care to minimize impacts to
sensitive habitats.
C.29 Support innovative site design techniques such as cluster-type housing and transfer-
of-development-rights to preserve sensitive
environmental resources and to allow
development Droiects to complv with the
citv’s Habitat Manaaement Plan.
C.30 Require private development which impacts
sensitive resources to provide appropriate
mitigation measures as identified in the
citv’s Habitat Manaaement Plan, so that
the existing biodiversity within the City is
maintained.
C.31 Amend existing ordinances to specifically
indicate that the environmental values of
floodplains will be protected.
C.32 Amend existing ordinances as necessary to
ensure adequate buffers are provided around floodways, wetlands, riparian areas,
woodlands and other sensitive
environmental resources.
C.33 Assure that, at minimum, there is no net
loss of wetlands acreage or value, and the
net gain of wetlands acreage is the long-
term goal of the City.
C.34 Reauire all development Projects to
complv with the citv’s Habitat
Manaaement Plan.
C.35 ImPlement the citv’s Habitat
Manaqement Plan includina makina all
necessary chancles to applicable city
ordinances.
TRAILIGREENWAY SYSTEM
44 Page 28
r I
The City of Carlsbad Planning Department EXHIBIT 3 A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: May 18,2005
Application complete date: NJA
Project Planner: Don Rideout
Project Engineer: NIA
SUBJECT: GPA 05-01/GPA 05-02 - LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT AMENDMENT - Request for approval of a
Negative Declaration and two General Plan Amendments to amend the Land Use
Element and the Open Space and Conservation Element to incorporate policy
statements and references related to the City’s recently adopted Habitat
Management Plan.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolutions No. 5902, 5903, and
5904, RECOMMENDING ADOPTION of a Negative Declaration and RECOMMENDING
APPROVAL of General Plan Amendments GPA 05-01 and GPA 05-02, based on the findings
contained herein.
11. INTRODUCTION
These amendments to the City’s General Plan are proposed in order to incorporate references and
policy statements relating to the City’s Habitat Management Plan. Amendments are proposed to
the Land Use Element and the Open Space and Conservation Element. The amendments will
accomplish three objectives: 1) fulfilling a requirement of the Implementing Agreement which
was entered-into between the City and the Federal and State Wildlife Agencies in conjunction
with approval of the Habitat Management Plan; 2) estabfishing a policy foundation for mhg
various amendments to the Zoning Ordinance in order to fully implement the Habitat
Management Plan; and 3) ensuring that all future development projects comply with the
provisions of the Plan.
The proposed amendment to the Land Use Element is attached to Planning Commission
Resolution No. 5903 as Exhibit “A,” dated May 18,2005. The proposed amendment to the Open
Space and Conservation Element is attached to Planning Corknission Resolution No. 5904 as
Exhibit “A,” dated May 18, 2005. Proposed additions and deletions are indicated by highlighting and strikeout. .
111. PROJECT DESCRIPTION AND BACKGROUND
The City’s Habitat Management Plan (HMP) received its final approvals fiom the Wildlife
Agencies in November of 2004. As a result, the City has authority to issue permits (Citywide
lO(A) Permit under the State and Federal Endangered Species Act) for future development
projects which impact habitat in return for setting-aside and requiring maintenance of a 6,500
acre preserve system to conserve sensitive wildlife habitat and the species that inhabit this
I
GPA 05-01/GPA 05-02 - LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT AMENDMENT
Mayl8,2005
habitat. As part of the approval of the HMP, the city also entered into an Implementing
Agreement which requires several follow-up actions to fblly implement the HMP and ensure
hture compliance with the Plan. Ths is the initial step in completing the required follow-up
actions. Other actions will include amendments to the Zoning Ordinance and other sections of
the Municipal Code and will be prepared and brought forward after the proposed General Plan
Amendments are considered.
This project proposes to make amendments to the Land Use Element and the Open Space and
Conservation Element of the General Plan to incorporate references, descriptions and policy
statements related to the recently approved Carlsbad Habitat Management Plan.
The amendments to the Land Use Element consist of adding four references to the HMP to
ensure implementation and to allow the transfer of density on a property that is preserving a
significant ampunt of open space in order to comply with the HMP. The other change is to add a
reference to preserving rare biological resources as a high priority for the city which is consistent
with the intent of the HMP.
The amendments to the Open Space and Conservation Element consist of the following:
1)
2)
3)
4)
Adding a brief description of the HMP and the HMP Map which shows the
proposed habitat preserve system;
Adding a new objective stating that one of the purposes of the Plan is to
contribute to regional biodiversity;
Making four revisions to existing wording to reflect the approval of the HMP
whereas the existing wording reflects only that the HMP was a “proposed” plan;
Adding five other references to the HMP to ensure that the Plan is fully
implemented and that fbture development projects comply with the Plan.
IV. ANALYSIS I
These amendments to the City’s General Plan do not accompany a development proposal, or
land use designation change. They consist of incorporating references and policy statements into
the Land Use Element and the Open Space and Conservation Element in order to ensure
implementation and compliance with the city’s recently approved Habitat Management Plan.
These amendments represent the initial step in implementation of the HMP and are requirements
of the approval of the HMP and the Implementing Agreement. Therefore, the analysis of this
request is focused on overall consistency with the existing goals of the Land Use Element and
the Open Space and Conservation Element and establishing a foundation for subsequent,
required amendments to the Zo&g Ordinance.
(
GPA 05-01/GPA 05-02 - LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT AMENDMENT
Mayl8,2005
General Plan
The proposed amendments are consistent with existing goals of the General Plan as shown on
Table A below:
ELEMENT
Land Use
Land Use
Open Space
and
Conservation
Open Space
and
Conservation
Open Space
and
Conservation I- Open Space
and
Conservation
TABLE A - GENERAL
USE, CLASSIFICATION,
GOAL, OBJECTIVE, OR
PROGRAM
Overall Land Use Pattern - Goal
A. 1 - A city which preserves
and enhances the environment,
character and image of itself as a
desirable residential, beach and
open space oriented community.
Environmental - Goal A - A
city which protects and
conserves natural resources,
fragile ecological areas, unique
assets and historically
significant features of the
communitv.
Special Resource Protection -
Goal A.7 - A city which makes
every possible effort to preserve
sensitive flora and fauna.
Special Resource Protection -
Goal A.8 -A city which
preserves a variety of unique
conservation areas to
accommodate the needs of
humans, plants and animals.
Special Resource Protection -
Goal A.9 - A city which
protects wildlife habitat through
the preservation and
enhancement of significant
feeding, nesting and breeding
areas.
Special Resource Protection -
Goal A. 10 - A city which
preserves, to the maximum
extent possible, the existing
level of biodiversitv.
'LAN COMPLIANCE
PROPOSED USES &
IMPROVEMENTS
The HMP preserves and
enhances the environment of
the city by conserving the most
important areas of biological
significance in the city.
A purpose of the HMP is to
set-aside as open space, the
most significant ecological
areas of the city from a
biological standpoint.
The HMP sets-aside a 6,500-
acre preserve system to
conserve sensitive flora and
fauna in the city.
The HMP identifies how the
city cari preserve sensitive
plants, animals and biological
resources while allowing for
additional development
consistent with the General
Plan.
The purpose of the HMP is to
preserve wildlife and habitats
as part of the city's permanent
open space system. The
system is linked through
wildlife corridors.
The primary goal of the HMP
is to preserve biodiversity by
setting-aside as open space, the
most sensitive biological
habitat areas in the citv.
COMPLY?
Yes
Yes
Yes
Yes
Yes
Yes
i
GPA 05-01/GPA 05-02 - LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT AMENDMENT
Mayl8,2005
Zoning Ordinance
As noted previously, follow-up amendments to the Zoning Ordinance will be necessary to fully
implement the HMP. The presently-requested General Plan Amendments (GPA 05-01 and GPA
05-02) will establish the policy foundation for making the subsequent ordinance amendments
and establishing the basis for a finding of General Plan Consistency. State planning law requires
that all zoning ordinances or amendments to the ordinance be consistent with the General Plan.
By incorporating references and policy statements related to the HMP into the General Plan,
consistency with the General Plan for the future amendments to the Zoning Ordinance is
established.
V. ENVIRONMENTAL REVIEW
The proposed .amendments to the Land Use Element and Open Space and Conservation Element
of the General Plan are proposed in order to incorporate references and policy statements to be
applied citywide regarding the City’s Habitat Management Plan. The amendments do not
involve or accompany a specific development proposal, nor propose improvements for specific
properties. An Initial Study (EIA Part 1I) was prepared for the requested actions and it was
determined that no environmental impacts will result fiom the adoption of GPA 05-01 and GPA
05-02. Therefore, the Assistant Planning Director has issued a Notice of Intent to Adopt a
Negative Declaration. A 30-day public review period was conducted fkom March 22 to April 21,
2005. One comment letter was received fkom the Native American Heritage Commission. A
copy of the letter and staff response is attached as Exhibit 4.
ATTACHMENTS:
1.
2.
3.
4.
Planning Commission Resolution No. 5902 (Negative Declaration)
Planning Commission Resolution No. 5903 (GPA 05-01)
Planning Commission Resolution No. 5904 (GPA 05-02)
Letter from Native American Heritage Commission dated April 20, 2005 and staff
response
.
46
YIJ UUL
April 20.2005
Re: GPA 05-01 and GPA 0592 - Habitat Management Plan
%HE# 2005031 125
bear Mr. Rideout
Tkk you Ibr the opportunity to comment on the abvwnentiontd document. On Makh 1 ofthis year, Local Gcwmmem were required bo compiy with senade BAi 18
mgarcfmg any amendment to a General Plan or Specifk Plan, of on Open Space. The General Plan Guidelines. issued by the Offb Planning and Research (ww.apr.cagov), hiwe been amended to rellect the new law, which indudes a requirement to contact the Native American Heritage Commission for the
appropriate hibai contacts- To read a copy ofthe chaptiered b. please go 60 http:/finfo.sa$&cqg&
Early- -on with tribes in your area is the best way to avoid ~~nt~cipakd disooveries once
aprojectisunderway. Endosedisa~afNativeAme~'~~uaWsthatmayhave unique knowledge of cultural rcsoucces in the pmject area. The Commission makes no recommendation
of a single indiidual or group aver another. By contacting all those lii, your organization will be be#er able to respond to &is OftMure to camR with the appropriate tribe or group. If you have notmceived
a mponse within two weeks' time, we recornmend that you fdlw-up with a Wephone call to make sure
that the information was received. Lack of surfaoe evidence of archeological resources does not preckrde the existence of
afcheological fesoums. Lead aQendeg shou Id msideravddance. as deffned in Mal 1=7QaLtB, e
-&a k'mduded br acdderttatly dlscwered archeolagical resowas dwhg mstructbn RW Califixrtia Environmental Quality Act m), Wi Resouras Cade glsos4.5 (0. Health and Safety Code Q7050.S; and Pubk Rgooums Code 5!3)9738 mandate the process to be blbued in !he tvtntd an acckdmtal d'kavuty ofany human remains in a bratian other than a dedkat0Q cemStefyandshould be *hciuded in at1 environmental documents. If you have any questions. please wntact me at (916) 653..
6251.
(Chapter 905,2004 Sfatutes). which requiles consultation with appropriate Native American tribes
bidpost aueuW r=s 1 9 ss=PR & h ouse=& &si te-sen, -
Guidelines. when sianificant cultural resou reescauldbeaffeckd, Revisions should f
bzci I led 5 12/05
I
City of Carlsbad
May 2,2005
Carol Gaubatz
Program Analyst
Native American Heritage Commission
915 Capitol Mall Room 364
Sacramento CA 95814
SUBJECT: RESPONSE TO COMMENTS - NEGATIVE DECLARATION FOR GPA 05-01
AND GPA 05-02 -AMENDMENTS TO LAND USE ELEMENT AND OPEN . SPACE AND CONSERVATION ELEMENT
Dear Ms. Gaubatz:
Thank you for your comments on the draft Negative Declaration for the General Plan
Amendments relating to the City's Habitat Management Plan. Your comments regarding
cultural resources are duly noted and will be placed into the public record. Following is a
response to your comments.
The General Plan Amendments are being proposed primarily to incorporate references to the
City's recently adopted Habitat Management Plan. No specific development proposals or
impacts to cultural resources are permitted by the actions presently being considered. The City
requires all development proposals to address impacts to cultural resources as part of the
processing of the proposals. The City agrees with your comment to pursue early consultation
with Native American tribes in our area to avoid significant impacts to these resources.
Feel free to contact me (760) 602-4602 if you have any questions or would like to further
discuss this matter.
I
DON RIDEOUT
Management Analyst
D'R: bd
c: File Copy
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 * FAX (760) 602-8559 www.ci.carlsbad.ca.us 4?
Planning Commission Minutes May 18,2005 DRAFT Page2
4. GPA 05-011GPA 05-02 - LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT AMENDMENT - Request for approval of a Negative
Declaration and two General Plan Amendments to amend the Land Use Element and the
Open Space and Conservation Element to incorporate policy statements and references
related to the City’s recently adopted Habitat Management Plan.
Mr. Neu stated Items 2 and 4 are normally heard in a public hearing context; however, they appear to be
minor in routine and nature with no outstanding issues and Staff is recommending approval. He
recommended the public hearing be opened and closed, and that the Commission take both items as a
group and proceed with a vote as consent. If the Commission or any members of the public wished to pull the items, Staff would be available to respond to any questions.
Chairperson Segall asked if the Commissioners or any members of the public wished to pull Item 2 or 4 or
speak on one of the items. Seeing none, he opened and closed public testimony.
MOTION
ACT I ON : Motion by Commissioner Montgomery, and duly seconded, to approve Items 2
and 4, based on the findings and subject to the conditions contained therein.
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery, and Whitton
VOTE: 7-0
AYES:
NOES: None
49
Planning Commission Minutes May 18,2005 Page 2 EXHIBIT 4
4. GPA 05-01/GPA 05-02 - LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION ELEMENT AMENDMENT - Request for approval of a Negative
Declaration and two General Plan Amendments to amend the Land Use Element and the Open Space and Conservation Element to incorporate policy statements and references
related to the City's recently adopted Habitat Management Plan.
Mr. Neu stated Items 2 and 4 are normally heard in a public hearing context; however, they appear to be
minor in routine and nature with no outstanding issues and Staff is recommending approval. He
recommended the public hearing be opened and closed, and that the Commission take both items as a
group and proceed with a vote as consent. If the Commission or any members of the public wished to
pull the items, Staff would be available to respond to any questions.
Chairperson Segall asked if the Commissioners or any members of the public wished to pull Item 2 or 4 or
speak on one of the items. Seeing none, he opened and closed public testimony. .
MOTION
ACTION: Motion by Commissioner Montgomery, and duly seconded, to approve Items 2
' and 4, based on the findings and subject to the conditions contained therein.
VOTE: 7-0
AYES:
NOES: None
Chairperson Segall, Commissioners Baker, Cardosa, Dominguez, Heineman,
Montgomery, and Whitton
PROOF OF PUBLICATION
(2010 6% 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
June 23rd, 2005
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at SAN MARCOS California
This 23rd Day of June, 2005
This space is for the County Clerk's Filing Stamp
Proof of Publication of
, 602-4602.
1 I CASE FILE:GPA 05-011GPA 05-02 I
CASE NAME: LAND USE ELEMENT AND OPE SPACE AND CONSERVATION ELEMEN AMENDMENT
CITY OF CARLSBAD CITY COUNCIL NCT 181 5277 June 23,2005
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NORTH COUNTY TIMES
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