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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-282 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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