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Home My WebLink About2005-11-15; City Council; 18340; Land Use Element & Open Space AmendmentCITY OF CARLSBAD - AGENDA BILL MTG. 1 1 /15/05 DEPT. PLN A 4 LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN AB# 18,540 I (Resolution No. 2005-294) TITLE: THIRD AMENDMENTS IN 2005 TO THE Open Space and Conservation (Resolution No‘ 2005-31 1) DEPT. HD. Open Space and Conservation CITY MGR w RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2005-336 , APPROVING the third amendments in 2005 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of two projects commonly known as “Shelley Property” (GPA 03-11) and “North County Habitat Bank (GPA 04-1 5). 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 two General Plan Amendment applications listed below propose changes to the Land Use Element and the Open Space and Conservation Element. The City Council has approved in concept each of the applications at duly noticed public hearings on the meeting dates noted below. The two applications are now being grouped together to comprise the third amendments in 2005 to the Land Use Element and Open Space and Conservation Element. The recommended action would formally adopt all of the changes to the General Plan, which will ensure consistency between the General Plan and Zoning Ordinance, and enable issuance of permits required for the projects associated with each application (if any). Table A General Plan Amendment Applications that constitute the Third Amendments in 2005 to the Land Use Element and - l GPA ’ 04-1 5 Project Title Shelley Property North County Habitat Bank Open Space and Consew( General Plan Element(s) Date Approved 1 Land Use September 27,2005 October 18,2005 I Land Use :ion Element Description Change the General Plan land use designation from RL to RLM and OS on property (2 parcels) generally located southeast of Rancho Santa Fe Road along the City’s eastern boundary. Change the General Plan land use designation from PVOS to OS on property (I parcel) generally located on the south side of Palomar Airport Road between Armada Drive and Hidden Valley Road. The GPA applications described above will result in an increase in the amount of land designated for Open Space within the city. Table B, below, indicates the amount of Open Space created by each GPA application. The Open Space associated with GPA 03-1 1 is newly created open space. The project site associated with GPA 04-15 currently has a land use designation of PVOS (Planned Industrial/Open Space). However, the amount of land and boundaries of the OS and PI designations had not been determined. GPA 04-15 will remove the “PI” designation on the site and designate the entire site as Open Space. PAGE 2 GPA 03-1 1 Shelley Property GPA 04-1 5 North County Table B Open Space Associated with the Third Amendments in 2005 SE 81.3 acres 55.46 acres 68% SW 18.73 acres 18.73 acres 100% to the’Land-Use Element and Open Space and Conservation Element Total Acres to be Percentage of Project Area in Open Space Project Quadrant Total Project Area desi Project GPA 03-1 1 Shelley Property GPA 04-1 5 North County Habitat Bank Fiscal Impact No fiscal impacts have been identified. No fiscal impacts have been identified. Habitat Bank I Total Open Space: 74.19 acres ENVIRONMENTAL: Proiect Third Amendments to the Land Use Element and Open Space and Conservation Element GPA 03-1 1 Shelley Property GPA 04-1 5 North County Habitat Bank Environmental Status The amendments to the Land Use Element and the Open Space and Conservation Element of the General Plan are considered a project and therefore subject to CEQA. Since the amendments consists of two 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 (when mitigation measures are implemented for GPA 03-1 1). Furthermore, the environmental analysis performed for each project 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 the third amendments to the Land Use Element and Open Space and Conservation Element have been addressed adequately, and no additional environmental analysis is necessary. GPA 03-11 is associated with a project consisting of a 52-lot subdivision on 81.3 acres, including 49 single-family lots and 3 open space lots. An environmental review for the project, including GPA 03-11, was processed in accordance with CEQA. Potentially significant biological and noise impacts were identified. The developer agreed to mitigation measures to reduce the identified impacts to below a level of significance and a Mitigated Negative Declaration was prepared in accordance with CEQA. The City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on September 27, 2005. The proposed amendments are exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b)(3), which exempts projects “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The project consists of creating a habitat mitigation bank by designating the site as Open Space and preserving the sensitive habitat on the site. There is no development or activity involved with the project that would result in a significant effect on the environment. FISCAL IMPACT: EXHIBITS: 1. City Council Resolution No. 2005-336 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. 2005336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE THIRD AMENDMENTS IN 2005 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN CONSISTING OF lW0 PROJECTS COMMONLY KNOWN AS SHELLEY PROPERTY (GPA 03-11) AND NORTH COUNTY HABITAT BANK (GPA 04-15). APPLICANT: CITY OF CARLSBAD CASE NAME: THIRD AMENDMENTS IN 2005 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL WHEREAS, pursuant to Government Code Section 65358(b), no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, and any one of those four amendments may include more than one change to the General Plan; and WHEREAS, the Land Use Element and Open Space and Conservation Element are mandatory elements of the General Plan; and WHEREAS, pursuant to Government Code Section 65358, and the provisions of the Carlsbad Municipal Code, the Planning Commission did, on August 17, 2005 (GPA 03-1 1) and September 7, 2005 (GPA 04-15), 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. 5952 and 5963 recommending approval in concept of the proposed changes to the General Plan; and WHEREAS, the City Council did, on September 27, 2005 (GPA 03-11) and October 18, 2005 (GPA 04-15), 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. 2005-294, and 2005-31 1 approving in concept the proposed changes to the General Plan; and 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 WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the changes to the Land Use Element and the Open Space and Conservation Element of the General Plan as proposed by GPA 03-1 1 and GPA 04-1 5 into a single amendment for each element constituting the third Land Use Element Amendment of 2005 and the third Open Space and Conservation Element Amendment of 2005; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the third amendments to the Land Use Element and Open Space and Conservation Element of the General Plan during calendar year 2005 are approved as provided for in City Council Resolutions No. 2005-294 and 2005-31 1 (on file in the City Clerk’s office), and as shown on the attached exhibits titled “GPA 03-11 Shelley Property” (dated August 17, 2005) and “GPA 04-15 North County Habitat Bank (dated September 7, 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 15th day of November , 2005, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (SEAL) 4 -2- GPA 03-11 Shelley Property Auaust 17.2005 , Related Case File No(s): ZC 03-09/CT 02- 17n-IDP 02-08/HMP 05-64 G.P. Map Designation Change Property From: To: A. 223-061-01-00 RL RLM-OS B. 223-061-02-00 RL RLM-OS C. SITE I GPA 04-15 North County Habitat Bank SeDtember 7,2005 EXISTING PROPOSED I Related Case File No(& ZC 03-09/CT 02-1 7/HDP 02-08lHMP 0504 1 G.P. Map Designation Change Property (From: I To: A. 211-040-33-00 I PI/os 1 os c