HomeMy WebLinkAbout2005-09-13; City Council; 18275; Amendment to Land Use Element of General Plan4
AB# 18,275
MTG. 9/13/05
CITY OF CARLSBAD -AGENDA BILL -
TITLE:
SECOND AMENDMENT IN 2005 TO THE
LAND USE ELEMENT OF THE GENERAL PLAN
Project Title
DEPT. PLN
Date Approved
ccln Concept”
1 CITY MGR a
Amendment
to the Land
Use Element
Local
Shopping
Center Zone
Rezonings and
RECOMMENDED ACTION:
July 5,2005
(Resolution No.
2005-220)
August 2,2005 (Resolution No.
2005-241 )
That the City Council ADOPT Resolution No. 2005-282 , APPROVING the second
amendment in 2005 to the Land Use Element of the General Plan consisting of three projects
commonly known as “Amendment to the Land Use Element” (GPA 05-01), “Local Shopping Center
Zone and Rezonings” (GPA 04-18), and “C-T Zone and TR Land Use Designation Amendments”
(GPA 02-03).
ITEM EXPLANATION:
State law allows a jurisdiction to amend a mandatory element of the General Plan no more than four
times per calendar year. The mandatory elements are Land Use, Circulation, Housing, Open Space,
Noise, Safety, and Conservation. Each amendment to a mandatory element, however, may include
more than one change to that element.
The three General Plan Amendment applications listed below propose changes to the Land Use
Element. As mentioned above, the Land Use Element is a mandatory element of the General Plan,
and as such may be amended up to four times during a calendar year.
The City Council has approved in concept each of the applications at duly noticed public hearings on
the meeting dates noted below. The three applications are now being grouped together to comprise
the second amendment in 2005 to the Land Use Element. The recommended action would formally
adopt all of the changes to the General Plan, which will ensure consistency between the General
Plan and Zoning Ordinance, and enable issuance of permits required for the projects associated with
each application (if any).
General Plan Amendment Applications that constitute the
GPA
No.
GPA
05-0 1
GPA
04-1 8
Second Amen I lment in 2005
General Plan
Element(s)
to be Amended
Land Use
Land Use
o the Land Use Element
Description
An amendment to the Land Use Element to
incorporate references and policy statements
related to the City’s Habitat Management Plan.
Change the General Plan land use designation on
15 parcels, as follows:
1. Change the land use designation from
Residential Medium Density (RM) to Local
Shopping Center (L) on two parcels (US Post
Office site - north side of Aviara Parkway/west
of El Camino Real, and Dove Library site -
south of Dove Lane/west of El Camino Real),
and
2. Change the land use designation from Travel
Recreation ComrnerciaVLocal Shopping Center
(TWL) to Local Shopping Center (L) on 13 parcels associated with the Poinsettia Village
Shopping Center (southeast of Poinsettia Lane
and Avenida Encinas).
PAGE 2
GPA
02-03
C-T 'One and August 16,2005
TR Land Use (Resolution No. Designation 2o05-267) Amendments
Amend the description of the Travel Recreation
Commercial (TR) land use designation in the land
use element of the General Plan.
Land Use
ENVIRONMENTAL:
Project
Second
amendment to
the Land Use
Element
GPA 05-01
Amendment to
the Land Use
Element
Local Shopping Center Zone and
GPA 04-1 8
Rezonings
GPA 02-03
C-T Zone and
TR Land Use
Designation
Amendments
FISCAL IMPACT:
Environmental Status
The amendments to the Land Use Element of the General Plan are considered a project
and therefore subject to CEQA. Since the amendments consists of three different
projects, the impacts of each project need to be considered cumulatively. The City's
environmental review of each project, as described below, determined the projects would
cause no significant environmental effects. Furthermore, the environmental analysis
performed revealed that the projects would produce no cumulatively considerable
impacts when viewed in connection with the effects of past projects, other current
projects, and probable future projects. Therefore, the cumulative impacts resulting from
this second amendment to the Land Use Element have been addressed adequately, and
no additional environmental analysis is necessary.
An environmental review for the project was processed in accordance with CEQA, and it
was determined that the project would not result in any significant adverse impacts to the
environment. A Negative Declaration was adopted by the City Council on July 5, 2005.
An environmental review for the project was processed in accordance with CEQA, and it
was determined that the project would not result in any significant adverse impacts to the
environment. A Negative Declaration was adopted by the City Council on August 2,
2005.
An environmental review for the project was processed in accordance with CEQA, and it
was determined that the project would not result in any significant adverse impacts to the
environment. A Negative Declaration was adopted by the City Council on August 16,
2005.
Project
GPA 05-01
Amendment to the
Land Use Element
Local Shopping
Center Zone and
GPA 04-18
Rezonings
C-T Zone and
TR Land Use
Designation
Amendments
GPA 02-03
EXHIBITS:
Fiscal Impacts
There are no fiscal impacts from the proposed General Plan Amendment, or
associated Zone Code and Local Coastal Program Amendments.
There are no fiscal impacts from the proposed General Plan Amendment, or
associated Zone Code and Local Coastal Program Amendments.
There are no fiscal impacts from the proposed General Plan Amendment, or
associated Zone Code and Local Coastal Program Amendments.
1. City Council Resolution No. 2OO5-282
Department Contact: Jennifer Jesser, (760) 602-4637, jjess@ci.carlsbad.ca.us
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RESOLUTION NO. 2005-282
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE SECOND
AMENDMENT IN 2005 TO THE LAND USE ELEMENT OF THE
GENERAL PLAN CONSISTING OF THREE PROJECTS
COMMONLY KNOWN AS AMENDMENT TO THE LAND USE
ELEMENT (GPA 05-01), LOCAL SHOPPING CENTER ZONE
AND REZONINGS (GPA 04-18), AND C-T ZONE AND TR LAND
USE DESIGNATION AMENDMENTS (GPA 02-03).
APPLICANT: CITY OF CARLSBAD
CASE NAME: SECOND AMENDMENT IN 2005 TO THE LAND
USE ELEMENT OF THE GENERAL PLAN.
WHEREAS, pursuant to Government Code Section 65358(b), no mandatory
element of the General Plan shall be amended more frequently than four times during any
calendar year, and any one of those four amendments may include more than one change to
the General Plan; and
WHEREAS, the Land Use Element is a mandatory element of the General Plan;
and
WHEREAS, pursuant to Government Code Section 65358, and the provisions of
the Carlsbad Municipal Code, the Planning Commission did, on May 18, 2005 (GPA 05-01),
June 15, 2005 (GPA 04-18), and July 20, 2005 (GPA 02-03), hold duly noticed public hearings
as prescribed by law to consider the proposed changes to the General Plan; and
WHEREAS, the Planning Commission adopted Planning Commission
Resolutions No. 5903, 5919, and 5925 recommending approval in concept of the proposed
changes to the General Plan; and
WHEREAS, the City Council did, on July 5, 2005 (GPA 05-01), August 2, 2005
(GPA 04-18), and August 16, 2005 (GPA 02-03), hold duly noticed public hearings to consider
the Planning Commission’s recommendations and to hear all persons interested in the
proposed amendments to the General Plan and the related environmental reviews; and
WHEREAS, the City Council adopted City Council Resolutions No. 2005-220,
2005-241, and 2005-267 approving in concept the proposed changes to the General Plan; and
WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the
changes to the Land Use Element of the General Plan as proposed by GPA 05-01, GPA 04-18, 3
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and GPA 02-03 into a single amendment constituting the second Land Use Element
Amendment of 2005;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad,
California, does hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the second amendment to Land Use Element of the General Plan during
calendar year 2005 is approved as provided for in City Council Resolutions No. 2005-220,
2005-241, and 2005-267 (on file in the City Clerk’s office), and as shown on the attached
exhibits titled “GPA 05-01” (dated May 18, 2005), “Local Shopping Center Rezonings GPA 04-
18” (dated June 15, 2005), “Local Shopping Center Rezonings GPA 04-1 8/ZC 04-1 3/LCPA 04-
16” (dated June 15, 2005), and “GPA 02-03 C-T Zone and TR Land Use Designation
Amendments” (dated July 20, 2005).
EFFECTIVE DATE: The amendments to the Land Use Element shall become
effective thirty (30) days following the adoption of this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 13th day of SEPTEMBER , 2005, by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
ABSENT: None
ATTEST:
LORRAINE M. WOOdiCity Clerk
(SEAL)
f‘ -2-
Land Use Element
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 I, 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.
C. d.
e. f.
g.
h.
Beaches; Permanent bodies of water, Floodways; Slopes wlth an indination 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 located; 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,
~868~~86 comDliance with the Habitat Manaaement 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 owned by the property owner, or through a
negotiated agree-ment 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
I
Land Use Element
c.10
c.11
c.12
management and sewage disposal
capacity.
Manage the disposal or recycling of solid waste and sewage within the City.
C. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
c.1
c.2
c.3
Encourage the provision of low and
moderate income dwelling units to meet
the objectives of the Citfs Housing
Element.'
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@)), for.purposes of providing lower-
income affordable housing, shall be
evaluated relative to: (a) the proposal's
compatibility with adjacent land uses; (b)
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 mmuter rail or transit center.
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 city's Habitat Manaaement
Plan. -
8.5 Cooperate with other cities in the region to site and operate both landfill and recycling facilities.
Continue to phase in all practical forms of mandatory recycling, to the extent possible.
RESIDENTIAL .
A. GOALS
A. 1
A.2
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 City with neighbohoods 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.
B. OBJECTIVES
B.l 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. exlsting resldential areas.
8.3 To offer safe, attractive residential areas
with a wide range of housing types. styles
and price levels in a variety of locations.
8.4 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 sociallhuman
service needs such as sites for worship,
daycare, youth and senior citizen activities,
etc.
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.
I
Land Use Element
c.11
c.12
C.13
C.14
C.15
Regulate industrial land uses on the basis of performance standards, induding, 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 ftom view.
Analyze the feasibility of zone changes to redesignate the Commercial Manu-
facturing Zone and the Manufacturing
Zone as Planned Industrial Zones.
AGRICULTURE
A. GOALS
c. IMPLEMENTING POLICIES AND
ACTION PROGRAMS
C.1 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 A.l A City which prevents the premature
ellmination of agricultural land and
preserves said lands wherever possible. techniques in agricultural activities.
A.2 A City which supports agriculture while ENVIRONMENTAL
planning for possible transition to urban
uses. A. GOAL
6. OBJECTIVES
6.1 To permit agricultural land uses throughout the City.
8.2 To conserve the largest possible amount of undeveloped land suitable for agricultural purposes, through the willing compliance of affected parties.
8.3 To develop measures to ensure the compatibility of agricultural production and adjacent land uses.
A City which protects and conserves natural
resources, 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 biolorrical
resource8 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' dishrbance 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 extFt 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.
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
(2.12
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 Civs degraded natural re- sources.
Implement the Batiquitos Lagoon En-
hancement Plan.
C.13 Imdement the Habitat Manaaement Plan in order to Drotect rare and uniaue bloloaical resources wlth the cltv so as
@ meserve wildllfe 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.
8.2 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-way.
.
SPECIAL PLANNING
CONSIDERATIONS--AIRPORT
A. GOAL
Page 41
.- 8
Land Use Element
DENSITY BONUS PROGRAM
ENVl RONM ENTALLY S ENSlTlVE LANDS
GMP
GROWTH MANAGEMENT PROGRAM/PLAN (GMP)
GROWTH MANAGEMENT ZONE
HABITAT MANAGEMENT PLAN
LCP
LFMP
LOCAL COASTAL PROGRAM (PLAN) (LCP)
sible space include: improving the natural ca-
pability of 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 com-
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 d housing units to be built and increases the total amount of open space to be preserved in the City.
A geographicallydefined 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 improvements is required for each zone
before development can occur.
A ComDrehensive. cltvwlde DrOaram which
identifies how the cltv can Dreserve the
diversitv of natural habitats and protect rare am.
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
LOCAL FACILITIES MANAGEMENT PLAN (LFMP)
Page 45
June 15,2005
General Plan From: (Current Land Use Designation)
21 5-050-69 RM
21 5-050-70 RM
General Plan To:
(Proposed Land Use Designation]
L
L
LOCAL SHOPPING CENTER REZONINGS
GPA 04-18
June 15,2005
LOCAL SHOPPING CENTER REZONINGS
GPA 04-1 8/ZC 04-1 3/LCPA 04-1 6
GPA 02-03 C-T Zone and TR Land Use Designation Amendment
July 20, 2005
Land Use Element
access. Landscaped buffers should be
provided around the project site between
neighborhood commercial uses and other
uses to ensure compatibility. All buildings
should be low-rise and should include
architecturaVdesign features to be compatible
with the neighborhood. Permitted uses and
building intensities should be compatible with
surrounding land uses.
b. Regional Commercial (R): Regional
commercial centers provide shopping goods,
general merchandise, automobile sales,
apparel, furniture, and home furnishing in full
depth and variety. Two or more department
stores are typically the major anchors of a
regional shopping center, while other stores
supplement and complement the various
department store lines. New forms of regional
centers may include such developments as
outlet centers with an aggregation of factory
outlet stores where there are no specific
anchor tenants although such centers are
regional and enjoy a strong tourist trade.
Regional centers draw customers from
outside the City and generate interregional
traffic. For this reason, such centers are
customarily located on a site that is easily
visible as well as accessible from interchange
points between highways and freeways,
Local shopping centers may be adjunct to
regional centers to also serve the daily
convenience needs of customers utilizing the
larger shopping center. A group of
convenience stores, service facilities,
business and professional offices are also
often associated with a regional center. Some
of these may be incorporated in the center
itself, or arranged at the periphery in the
immediate area.
c. TraveVRecreation Commercial (TR): This
land use category designates areas for visitor
attractions and commercial uses that serve
the travel and recreational needs of tourists,
residents, as well as employees of business
and industrial centers. Such uses may include, but are not limited to, hotels and
motels, restaurants, recreation facilities,
museums, travel support services, and
specialty retail uses catering to tourists.
Travelhecreation commercial uses are generally located near major transportation
corridors or recreational and resort areas
such as spas, hotels, beaches or lagoons.
Travelhecreation commercial uses should be compatible with and designed to protect
surrounding properties, should ensure safe
traffic circulation and should promote
economically viable tourist-oriented areas of
the City.
d. Village (V): The Village addresses land uses
located in the heart of "old" Carlsbad in the
area commonly referred to as the
"downtown". Permitted land uses may
include retail stores, offices, financial
institutions, restaurants and tourist-serving
facilities. Residential uses can be intermixed
throughout the area. The Village is
designated as a redevelopment area and is
regulated by the Carlsbad Village Area
Redevelopment Plan and the Village Design
Guidelines Manual.
e. Office and Related Commercial (0): This
classification designates areas that are
compatible with and environmentally suited
for office and professional uses, as well as
related commercial uses. This designation is
especially appropriate for medical off ice use.
Office and related commercial land use can
be used as buffers between retail commercial
areas and residential uses.
4. PLANNED INDUSTRIAL (PI)
Planned Industrial land uses include those areas
currently used for, proposed as, or adjacent to
industrial development, including manufacturing,
warehousing, storage, research and
development, and utility use. Agricultural and
outdoor recreation uses on lots of one acre or
more are considered to be a proper interim use
for industrially designated areas.
5. GOVERNMENTAL FACILITIES (G)
This classification of land use designates areas
currently being used for major governmental
facilities by agencies such as the city, county,
state, or federal government. Facilities within this
category may include uses such as civic
buildings, libraries, maintenance yards, police
and fire stations and airports (McClellan-Palomar
Airport). Smaller facilities, such as libraries, may
be found in other land use designations, such as
Amended September 21,2004 Page 19