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HomeMy WebLinkAbout2006-02-07; City Council; 18434; HMP Hardline GPA15 CITY OF CARLSBAD - AGENDA BILL oo CO o•H 4J .H OCD 0) CXO n) 00oo 0)o rt 13J-iO 0) O T)O U C O o r^ <N g o o oo AB# 18,434 MTG. 2/7/06 DEPT. PLN TITLE: HMP HARDLINE GPA GPA 05-12/LCPA 05-08/ZC 05-11 DEPT. HD. \&\J*£&- CITYATTY. **«-* •*!-^ — \ CITY MGRte&O RECOMMENDED ACTION: That the Council INTRODUCE Ordinance No. NS-788 . APPROVING the Zone Change ZC 05- 11, and ADOPT Resolution No. 2006-029 . APPROVING the General Plan Amendment GPA 05- 12 and Local Coastal Program Amendment LCPA 05-08 for the HMP Hardline GPA. ITEM EXPLANATION: On December 21, 2005, the Planning Commission conducted a public hearing and recommended approval (4-0) of a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to amend the General Plan Land Use and Open Space maps, the Zoning map, and the LCP map to change the designation of existing HMP hardline preserve areas to open space. A total of 90 parcels are involved in the General Plan Amendment, with 22 of those parcels also necessitating a Zone Change. Maps of the affected parcels are attached to the corresponding Planning Commission Resolutions. The designation changes are part of the ongoing HMP implementation and are required by the HMP Implementing Agreement between the City and Wildlife Agencies. Placement of the Open Space designation on the parcels ties the hardline preserve properties to the recently adopted General Plan and Zoning habitat preservation policies and removes any confusion regarding their development potential. Since the properties were already set aside from development through the HMP, no affect on the development potential of the properties will occur because of the proposed redesignation. All property owners were noticed of the Planning Commission and City Council hearings; the only speaker at the Planning Commission meeting was a property owner not affected by the redesignation who wanted to enter a statement about his project processing as it relates to the HMP into the public record. The proposed General Plan Amendment, Local Coastal Program Amendment, and Zone Change are consistent with the applicable portions of the City's General Plan, Local Coastal Program, Zoning Ordinance, HMP, and Growth Management Program therefore staff and the Planning Commission are recommending approval of GPA 05-12, LCPA 05-08, and ZC 05-11. ENVIRONMENTAL: The properties proposed for designation changes are already precluded from development due to their location within the existing hardline preserve area of the HMP. Therefore the change in designation to open space does not affect their development potential or otherwise impact their existing or future land use. The proposed action constitutes a minor alteration to land use limitations and is exempt from further environmental review pursuant to Section 15305 of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. FISCAL IMPACT: The fiscal impacts to the City are negligible in that the proposed action merely revises the Land Use, Open Space, Zoning, and LCP maps for properties already designated for open space preservation in the HMP. PAGE 2 EXHIBITS: 1. Ordinance No. NS-788 2. City Council Resolution No. 2006-029 3. Planning Commission Resolutions No. 5999, 6000, and 6001 4. Planning Commission Staff Report, dated December 21, 2005 5. Draft Excerpts from Planning Commission Minutes, dated December 21, 2005. DEPARTMENT CONTACT: Michael Grim, (760) 602-4623, mgrim@ci.carlsbad.ca.us 1 ORDINANCE NO. NS-788 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CITY'S ZONING 3 MAP PURSUANT TO SECTION 21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP 4 TO GRANT A ZONE CHANGE TO OPEN SPACE FOR 22 PARCELS WITHIN THE HMP HARDLINE PRESERVE AREA. 5 CASE NAME: HMP HARDLINE GPA CASE NO.: ZC 05-11 6 The City Council of the City of Carlsbad, California, does ordain as follows: 7 SECTION I: That the City's Zoning Map is amended as shown on the map 8 marked Exhibit "ZC 05-11" attached hereto and made a part hereof, pursuant to Section 9 21.05.030 of the Carlsbad Municipal Code. 10 SECTION II: That the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6001, constitute the findings and conditions of the City Council.13 EFFECTIVE DATE: This ordinance shall be effective thirty days after its14 adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carlsbad within16 fifteen days after its adoption. (Notwithstanding the preceding, this ordinance shall not be effective within the City's Coastal Zone until approved by the California Coastal Commission.)18 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City -„ Council on the 7th day of February 2006, and thereafter. 21 '" 22 '" 23 '" 24 '" 25 '" 26 '" 27 '" 28 '" 3 1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 2 Carlsbad on the day of 2006, by the following vote, to wit: 3 AYES: 4 NOES: 5 ABSENT: 6 ABSTAIN: 7 8 APPROVED AS TO FORM AND LEGALITY 9 10 RONALD R. BALL, City Attorney 11 12 CLAUDE A. LEWIS, Mayor 14 ATTEST: 15 16 LORRAINE M. WOOD, City Clerk 17 (SEAL) 18 N 19 20 21 22 23 24 25 26 27 28 PROPERTY ZONE CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\MapZoning Map Designation Change Property A. 167-030-79 B. C. D. From: C-2 To: OS PROPERTY ZONE CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\plannincZoning Map Designation Change Property A. 168-050-02 B. 168-050-29 C.' 168-050-30 D. 168-050-31 E. 168-050-32 From: R-A-10 R-A-10 R-A-10 R-A-10 R-A-10 To: O-S o-s o-s o-s o-s PROPERTY ZONE CHANGE December 21.2008 GPA 05-12/LCPA 05-08/ZC 05-11 \ \ \\\ \\ \\\ \ \ \\\ \ i V\ * V CO J:\cbgis\products\plannincZoning Map Designation Change Property A. FOR 211 -040-32 B. FOR 21 1-040-36 C. D. E From: C-2-Q C-2-Q To: 0-S O-S PROPERTY ZONE CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 co J:\cbgis\products\plannirKZoning Map Designation Change Property A. 212-050-45 B. 212-050-46 C. D. From: P-M P-M To: O-S 0-S PROPERTY ZONE CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 re J:\cbgis\products\plannincZoning Map Designation Change Property A. FOR 21 2-1 20-07 B. POR 21 2-120-08 C. POR 21 2-120-09 D. POR 2 12-1 30-35 E. POR 21 2-1 30-52 From: C-M C-M C-M C-M C-M To: 0-S 0-S 0-S 0-S 0-S PROPERTY ZONE CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 nj J:\cbgis\products\plannincZoning Map Designation Change ' Property A. POR 21 2-1 30-27 A. POR 21 2-1 30-28 B. POR 21 2-1 30-29 C. POR 21 2-1 30-30 D. POR 21 2-1 30-31 From: C-M C-M C-M C-M C-M To: O-S o-s O-S o-s o-s PROPERTY ZONE CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 ra J:\cbgis\products\plannincZoning Map Designation Change Property A. 212-192-01 B. 212-192-03 C. D. From: R-1/0-S R-1/O-S To: 0-S 0-S PROPERTY ZONE CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 ra J:\cbgisVproducts\plannincZoning Map Designation Change Property A. 212-201-70 B. 212-212-22 C. 212-223-16 D. From: R-1/O-S R-1-Q R-1-Q To: OS OS OS PROPERTY ZONE CHANGE December 21.2008 GPA 05-12/LCPA 05-08/ZC 05-11 Zoning Map Designation Change Property A. FOR 21 3-091-01 B. FOR 21 3-09 1-02 C. FOR 21 3-09 1-05 D. FOR 21 3-091 -06 E FOR 21 3-092-1 5 F. FOR 21 3-092-25 From: P-M P-M P-M P-M P-M P-M To: 0-S O-S 0-S O-S 0-S 0-S a. 13 PROPERTY ZONE CHAI GPA ( 12/LCPA 05-08/ZC 05-11 December 21. 2005 CO J:\cbgis\products\planniruZoning Map Designation Change Property A. POR 214-543-29 B. POR 2 14-544-05 C. D. From: R-1-Q R-1-Q To: O-S O-S PROPERTY ZONE CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 CO J:\cbgis\products\plannincZoning Map Designation Change Property A. 215-072-42 B. POR 21 5-083-09 C. 214-544-07 D. From: R-1-Q R-1-Q R-1-Q To: O-S o-s O-S PROPERTY ZONE CHANGE December 12. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 to J:\cbgis\products\plannincZoning Map Designation Change Property A. 215-920-42 B. 215-880-11 C. 215-880-01 D. From: R-1-Q RD-M-Q RD-M-Q To: 0-S 0-S 0-S PROPERTY ZONE CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 t<J J:\cbgis\products\plannincZoning Map Designation Change Property A. 255-040-57 B. C. D. From: R-1-10 To: 0-S PROPERTY ZONE CHANGE December 21.2008 GPA 05-12/LCPA 05-08/ZC 05-11 eg J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. 264-460-16 B. C. D. From: R-1-10 To: OS 1 RESOLUTION NO. 2006-029 2 A RESOLUTION OF The CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A GENERAL PLAN 3 AMENDMENT AND LOCAL COASTAL PROGRAM AMENDMENT FOR THE HMP HARDLINE GPA 4 CASE NAME: HMP HARDLINE GPA CASE NO.: GPA 05-12/LCPA 05-08 5 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 6 Commission did, on December 21, 2005, hold a duly noticed public hearing as prescribed by 7 law to consider a General Plan Amendment and Local Coastal Program Amendment; and 8 WHEREAS, the City Council of the City of Carlsbad, on the 7th day of 9 February 2006, held a duly noticed public hearing to consider said General Plan10 Amendment and Local Coastal Program Amendment and at that time received 11 recommendations, objections, protests, comments of all persons interested in or opposed to GPA 05-12/LCPA 05-08; and13 NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City14 of Carlsbad, California, as follows:15 1. That all recitations are true and correct. 2. That the City Council approves LCPA 05-08 and the findings and conditions of the Planning Commission as set forth in Planning Commission Resolution No. 6000, on file with the City Clerk and made a part hereof by reference, are the findings and i o conditions of the City Council. 2Q 3. That the application for a Local Coastal Program Amendment for the HMP Hardline GPA is approved as shown in Planning Commission Resolution 6000. 21 4. That the application for a General Plan Amendment (GPA 05-12) as 22 shown in Planning Commission Resolution No. 5999, on file with the City Clerk and incorporated herein by reference, is hereby accepted, approved in concept, and shall be 23 formally approved with GPA Batch No. 1 of 2006. 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of February 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CLAUDE A. l£WfS, Mayor v IT ATTEST: (SEAL) EXHIBIT 3 1 PLANNING COMMISSION RESOLUTION NO. 5999 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE LAND USE AND 4 OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION ON VARIOUS EXISTING HABITAT 6 MANAGEMENT PLAN HARDLINE PRESERVE AREA PROPERTIES TO OPEN SPACE. 7 CASE NAME: HMP HARDLINE GPA CASE NO: GPA05-128 9 WHEREAS, City of Carlsbad, has filed a verified application with the City of 10 Carlsbad regarding various property throughout the City, described as ("the Property"); and 11 WHEREAS, said verified application constitutes a request for a General Plan 12 Amendment as shown on Exhibit "GPA 05-12" dated November 16, 2005, attached hereto and 13 on file in the Carlsbad Planning Department HMP HARLINE GPA - GPA 05-12 as provided 14 in Government Code Section 65350 et. seq. and Section 21.52.160 of the Carlsbad Municipal15 16 Code; and 17 WHEREAS, the Planning Commission did, on the 16th day of November 2005, 18 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 20 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 21 relating to the General Plan Amendment. 22 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 24 Commission of the City of Carlsbad, as follows: 25 A) That the above recitations are true and correct. 2" B) That based on the evidence presented at the public hearing, the Commission 2? RECOMMENDS APPROVAL of HMP HARDLINE GPA - GPA 05-12, based on the following findings and subject to the following conditions: Z8 Findings: 2 1. The proposed General Plan Amendments are consistent with the policies and 3 programs of the applicable portions of the General Plan, based on the facts set forth in the staff report, dated November 16, 2005, including but limited to the following: 4 the areas proposed for designation revision are already not available for development and not included in the City's provision of adequate vacant land to meet its share of the RHNA; the proposed project includes the Zone Changes necessary to maintain consistency between the Zoning Ordinance and General Plan; and the Land Use Element requires consistency with the HMP, which calls for all hardline preserve areas to be designated Open Space in the General Plan. 2. That the Planning Director has determined that the project belongs to a class of projects that the State Secretary for Resources has found do not have a significant impact on the environment, and it is therefore categorically exempt from the requirement for the 10 preparation of environmental documents pursuant to Section 15305 — Minor Alteration to Land Use Limitations of the State CEQA Guidelines. In making this determination, 11 the Planning Director has found that the exceptions listed in Section 15300.2 of the State CEQA Guidelines do not apply to this project. ,., Conditions: 14 1. GPA 05-12 is approved subject to the approval of LCPA 05-08 and ZC 05-11 as described in Planning Commission Resolutions No. 6000 and 6001. 15 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning16 Commission of the City of Carlsbad, California, held on the 16th day of November 2005, by the 18 following vote, to wit: AYES: Chairperson Segall, Commissioners Dominguez, Heineman, Montgomery, and Whitton 21 NOES: 22 ABSENT: 23 24 JEFFRE N. SEGALLTChairperson CARLSBAD PLANNING COMMISSION 26 " 27 28 DONNEU Assistant Planning Director PC RESO NO. 5999 -2- GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 nj•oa. Q.(0 %'&J32 General Plan Map Designation Change Property A. 167-030-79 B. C. D. From: RM To: OS 33 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 TO J:\cbgis\products\plannin<General Plan Map Designation Change Property A. 167-521-60 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 CO J:\cbgis\products\plannincGeneral Property A. 168-050-02 B. 168-050-29 C. 168-050-30 D. 168-050-31 E. 168-050-32 Plan Map Designation Change From: RLM RLM RLM RLM RLM To: OS OS OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2008 J:\cbgis\products\planning\MapGeneral Plan Map Designation Change Property A. POR 211 -040-32 B. POR 21 1-040-36 C. D. E From: R R To: OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 J:\cbgis\products\planning\MapGeneral Plan Map Designation Change Property A. 212-050-45 B. 212-050-46 C. D. From: PI PI To: OS OS GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\MapGeneral Plan Map Designation Change Property A. POR 21 2-1 20-07 B. POR 21 2-1 20-08 C. POR 21 2-1 20-09 D. POR 21 2-1 30-35 E. POR 21 2-1 30-52 From: PI PI PI PI PI To: OS OS OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21,2005 03 J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. POR 212-130-27 A. POR 2 12-1 30-28 B. POR 212-130-29 C. POR 21 2-1 30-30 D. POR 21 2-1 30-31 From: PI PI PI PI PI To: OS OS OS OS OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 ra J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. 212-192-01 B. 212-192-03 C. D. From: RM RM To: OS OS 30 GENERAL PLAN MAP CHANGE October 12. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 ra J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. 212-201-70 B. 212-212-22 C. 212-223-16 D. From: RM .RLM RLM To: OS OS OS 31 GENERAL PLAN MAP CHANGE GPA-12/LCPA 05-08/ZC 05-11 December 21. 2005 ra •ff J:\cbgis\products\plannin(General Plan Map Designation Change Property A. POR 21 4-353-08 B. C. D. From: RM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 ra J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. POR 2 14-543-29 B. POR 21 4-544-05 C. D. From: RLM RLM To: OS OS 33 GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\MapGeneral Property A. 215-072-42 B. POR 21 5-083-09 C. 215-074-22 D. 214-544-07 Plan Map Designation Change From: RLM RLM RLM RLM To: OS OS OS OS GENERAL PLAN MAP CHANGE December 21, 2005 GPA 05-12/LCPA 05-08/ZC 05-11 TO J:\cbgis\products\plannincGeneral Property A. 215-644-09 B. 215-644-10 C. 215-690-14 D. Plan Map Designation Change From: RLM RLM RLM To: OS OS OS GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 a J:\cbgis\products\plannincGeneral Property A. 215-670-13 B. FOR 2 15-671 -03 C. D. Plan Map Designation Change From: RM RM To: OS OS - GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 General Plan Map Designation Change Property A. 215-710-36 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 <D J:\cbgis\products\plannintGeneral Property A. 215-790-15 B. 215-780-12 C. D. Plan Map Designation Change From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 03 J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. POR 21 5-841 -07 B. C. D. From: RM To: OS 3? GENERAL PLAN MAP CHANGE December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 ra J:\cbgis\products\plannintGeneral Plan Map Designation Change Property A. 215-850-19 B. 215-850-20 C. D. From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 i / i i i I i L/ \ I i <c J:\cbgis\products\plannincGeneral Property A. 215-860-30 B. 215-801-27 C. D. Plan Map Designation Change From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 General Property A. 215-891-10 B. 215-890-32 C. 2t5-890-47 Plan Map Designation Change From: RLM RLM RLM To: OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21,2005 ra J:\cbgis\products\planniruGeneral Plan Map Designation Change Property A. 215-900-28 B. 215-900-29 C. 215-900-52 DT. POR 21 5-042-03 E. 215-960-18 From: RLM RLM RLM RLM RLM To: OS OS OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 General Plan Map Designation Change Property A. 215-910-33 B. 215-960-18 C. D. From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 ra •S,J:\cbgis\products\plannin(General Plan Map Designation Change Property A. 215-920-42 B. 215-880-11 C. 215-880-01 D. From: RLM RM RM To: OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 to J:\ebgis\products\plannincGeneral Plan Map Designation Change Property A. 215-960-19 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 General Plan Map Designation Change GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 General Plan Map Designation Change Property A. 223-693-19 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21,2005 TO 2 C'c co a 03 •s General Plan Map Designation Change Property A. POR 223-720-06 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE December 21,2005 GPA 05-12/LCPA 05-08/ZC 05-11 <u J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. POR 255-0 12-03 B. POR 255-01 2-04 C. POR 21 5-920-10 D. From: C/O/RMH C/O/RMH C/O/RMH .- To: OS OS OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 <B •s J:\cbgis\products\plannir>(General Plan Map Designation Change Property A. 255-040-57 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 ra J:\cbgis\products\plannincGeneral Property A. 255-273-02 B. 255-253-28 C. D. Plan Map Designation Change From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 co J:\cbgis\products\plannincGeneral Property A. 264-010-38 B. 264-460-16 C. 223-322-04 D. Plan Map Designation Change From: RL/OS RLM RLM To: OS OS OS 4T3 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 nj J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. 264-482-02 B. 264-482-03 C. 264-482-04 D. 264-482-05 E 264-500-15 From: RL RL RL RL RL To: OS OS OS OS OS 1 PLANNING COMMISSION RESOLUTION NO. 6000 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO BRING THE DESIGNATIONS ON THE LOCAL COASTAL PROGRAM, 5 GENERAL PLAN, AND ZONING MAP INTO 6 CONFORMANCE FOR EXISTING HABITAT MANAGEMENT PLAN HARDLINE PRESERVE AREAS. 7 CASE NAME: HMP HARDLINE GPA CASE NO: LCPA 05-08 8 WHEREAS, California State law requires that the Local Coastal Program, 10 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 11 WHEREAS, City of Carlsbad, has filed a verified application for an amendment ^ to the Local Coastal Program designations regarding various property throughout the City, described as ("the Property"); and 14 WHEREAS, said verified application constitutes a request for a Local Coastal 15 Program Amendment as shown on Exhibit "LCPA 05-08" dated November 16, 2005, attached16 17 hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, 18 Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California 19 Coastal Commission Administrative Regulations; and 20 WHEREAS, the Planning Commission did on the 16th day of November 2005, 21 hold a duly noticed public hearing as prescribed by law to consider said request; and 22 WHEREAS, at said public hearing, upon hearing and considering all testimony +*J 24 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 25 relating to the Local Coastal Program Amendment; and 26 WHEREAS, State Coastal Guidelines requires a six week public review period 27 for any amendment to the Local Coastal Program. 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. 2 B) At the end of the State mandated six week review period, starting on September 3 2,2005, and ending on October 13,2005, staff shall present to the City Council a summary of the comments received. 4 " <- C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HMP HARDLINE GPA - LCPA 05-08 6 based on the following findings, and subject to the following conditions: 7 Findings: 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the 10 properties proposed for land use designation revision are identified in the City's Habitat Management Plan and the City's Local Coastal Program as hardline 11 preserve areas; no development shall occur on these properties, thus no geologic instability or impacts to agricultural lands or scenic resources will occur, no shoreline access is offered by the subject properties, and implementation of the 10 HMP will assist in the preservation of environmentally scenic resources. 14 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with General Plan and Zoning Ordinance. 15 Conditions:16 17 1. LCPA 05-08 is approved subject to the approval of GPA 05-12 and ZC 05-11 as described in Planning Commission Resolutions No. 5999 and 6001. 18" 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6000 -2- 1 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 21st day of December 2005, by the following 3 vote, to wit: 4 <. AYES: Chairperson Segall, Commissioners Dominguez, Heineman, Montgomery, and Whitton 6 NOES: 7 ABSENT:8 9 ABSTAIN: 10 11 12 ! 3 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 14" 15 ATTEST: 16 17 DONNEU 18 Assistant Planning Director 19 20 21 22 23 24 25 26 27 28 PC RESO NO. 6000 -3- LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 olanninqM% V D 3 •S Property A. POR 21 1-040-32 B. POR 211 -040-36 C. D. LCPA Map Designation Change From: R R To: OS OS Zoning Map Des From: C-2-Q C-2-Q gnation Change To: O-S O-S LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21, 2005 J:\cbgis\products\planning\l*Property A. 212-050-45 B. 212-050-46 C. D. LCPA Map Designation Change From: PI PI To: OS OS Zoning Map Designation Change From: P-M P-M To: 0-S O-S LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21._2005 J:\cbgis\products\planning\l\Property A. 212-192-01 B. 212-192-03 C. D. LCPA Map Designation Change From: RM RM To: OS OS Zoning Map Des From: R-1/0-S R-1/O-S gnation Change To: 0-S O-S LOCAL COASTAL PROGRAM December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\l^Property A. 21 2-201 -70 B. 212-212-22 C. 212-223-16 D. LCPA Map Designation Change From: RM RLM RLM To: OS OS OS Zoning Map Des From: R-1/0-S R-1-Q R-1-Q gnation Change To: OS OS OS LOCAL COASTAL PROGRAM GPA-12/LCPA 05-08/ZC 05-11 December 21.2005 J:\cbgis\products\planning\l\Property A. 214-353-08 B. C. D. LCPA Map Designation Change From: RM To: OS Zoning Map Designation Change From:To: (,'d LOCAL COASTAL PROGRAM December 21,2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\l*Property A. FOR 214-543-29 B- POR 21 4-544-05 C. D. LCPA Map Designation Change From: RLM RLM To: OS OS Zoning Map Designation Change From: R-1-Q R-1-Q To: 0-S O-S LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21,2005 J:\cbgis\products\planningWProperty A! 2 15-072-42 B. FOR 21 5-083-09 C. 21 4-544-07 D. 21 4-074-22 LCPA Map Designation Change From: RLM RLM RLM RLM To: OS OS OS OS Zoning Map Designation Change From: R-1-Q R-1-Q R-1-Q R-1-Q To: 0-S 0-S O-S O-S LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 J:\cbgis\products\planningWProperty A. 215-644-09 B. 215-644-10 C. 215-690-14 D. LCPA Map Designation Change From: RLM RLM RLM To: OS OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 o Droducts\planning\fl.« So •S Property A. 215-670-13 B- POR 21 5-671 -03 C. D. LCPA Map Designation Change From: RM RM To: OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 J:\cbgis\products\planning\liProperty A. 215-710-36 B. C. D. LCPA Map Designation Change From: RLM To: OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\rProperty A. 215-790-15 B. 215-780-12 C. D. LCPA Map Designation Change From: RLM RLM To: OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 planning^J:\cbgis\products\Property A. FOR 21 5-841 -07 B. C. D. LCPA Map Designation Change From: RM To: OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM December 21. 2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\l\Property A. 215-850-19 B. 215-850-20 C. D. LCPA Map Designation Change From: RLM RLM To: OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 Property A. 215-860-30 B. 215-801-27 C. D. LCPA Map Designation Change From: RLM RLM To: OS OS Zoning Map Des From: gnation Change To: LOCAL COASTAL PROGRAM December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 J:\cbgis\products\planning\lProperty A. 215-891-10 B. 215-890-32 C. 215-890-47 D. LCPA Map Designation Change From: RLM RLM RLM To: OS OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 o.a "5>,c'cc03•Q. o I Q. "Si Property A. 215-900-28 B. 215-900-29 C. 215-900-52 D. POR 21 5-042-03 E. 215-960-18 LCPA Map Designation Change From: RLM RLM RLM RLM RLM To: OS OS OS OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21. 2005 J:\cbgis\products\planning\lProperty A. 215-910-33 B. 215-960-18 C. D. LCPA Map Designation Change From: RLM RLM To: OS OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM December 21.2005 GPA 05-12/LCPA 05-08/ZC 05-11 o ra•ao.J:\cbgis\products\planning\l\Property A. 215-960-19 B. C. D. LCPA Map Designation Change From: RLM To: OS Zoning Map Designation Change From:To: LOCAL COASTAL PROGRAM GPA 05-12/LCPA 05-08/ZC 05-11 December 21.2005 J:\cbgis\products\planning\l\Property A. 215-920-42 B- 215-880-11 C. 21 5-880-01 D. LCPA Map Designation Change From: RLM RM RM To: OS OS OS Zoning Map Designation Change From: R-1-Q RD-M-Q RD-M-Q To: 0-S O-S 0-S 1 PLANNING COMMISSION RESOLUTION NO. 6001 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CHANGE TO CHANGE THE 4 ZONING DESIGNATION ON VARIOUS EXISTING HABITAT s MANAGEMENT PLAN HARDLINE PRESERVE AREA PROPERTIES TO OPEN SPACE. 6 CASE NAME: HMP HARDLINE GPA CASE NO: ZC 05-11 7 WHEREAS, City of Carlsbad has filed a verified application with the City of8 o Carlsbad regarding various property throughout the City described as ("the Property"); and 10 WHEREAS, said application constitutes a request for a Zone Change as shown on 11 Exhibit "ZC 05-11" dated November 16, 2005, attached hereto and on file in the Planning 12 Department, HMP HARDLINE GPA - ZC 05-11, as provided by Chapter 21.52 of the 13 Carlsbad Municipal Code; and 14 WHEREAS, the Planning Commission did on the 16th day of November, 2005, < , hold a duly noticed public hearing as prescribed by law to consider said request; and 17 WHEREAS, at said public hearing, upon hearing and considering all testimony 18 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 19 relating to the Zone Change. 20 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 21 Commission as follows: 22 _,, A) That the foregoing recitations are true and correct. 24 B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of HMP HARDLINE GPA - ZC 05-11, based 25 on the following findings and subject to the following conditions: 26 Findings: 27 1. That the proposed Zone Change to Open Space is consistent with the goals and policies 28 of the various elements of the General Plan, in that the areas proposed for designation revision are already not available for development and not included in the City's provision of adequate vacant land to meet its share of the RHNA; and Land Use Element requires consistency with the HMP, which calls for all hardline preserve 2 areas to be designated Open Space in the General Plan. 3 2. That the Zone Change will provide consistency between the General Plan and Zoning as mandated by California State law and the City of Carlsbad General Plan Land Use Element, in that the proposed project includes the General Plan Amendments , necessary to maintain consistency between the Zoning Ordinance and General Plan. 5 3. That the Zone Change is consistent with the public convenience, necessity and general welfare, and is consistent with sound planning principles in that the areas proposed for 7 designation revision are delineated as hardline preserve areas within the City's HMP and, therefore, are to be secured in natural open space for perpetuity in order to protect rare and unique biological resources within the City so as to preserve o wildlife habitats. 10 Conditions: 11 1. ZC 05-11 is approved subject to approval of GPA 05-12 and LCPA 05-08, as described in Planning Commission Resolutions No. 5999 and 6000. 13 NOTICE Please take NOTICE that approval of your project includes the "imposition" of fees, , - dedications, reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions." 16 You have 90 days from date of final approval to protest imposition of these fees/exactions. If 17 you protest them, you must follow the protest procedure set forth in Government Code Section 66020(a), and file the protest and any other required information with the City Manager for processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or annul their imposition. 20 You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning, „ zoning, grading or other similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given 23 a NOTICE similar to this, or as to which the statute of limitations has previously otherwise expired. 24 25 26 27 28 PCRESONO. 6001 -2- 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning 2 Commission of the City of Carlsbad, held on the 21st day of December 2005, by the following 3 vote, to wit: 4 AYES: Chairperson Segall, Commissioners Dominguez, Heineman, Montgomery, and Whitton 6 NOES: 7 ABSENT:8 ABSTAIN:9 10 11 12 13 JEFFRE N. SEGALL, Chairperson CARLSBAD PLANNING COMMISSION 14" 15 ATTEST: 16 17 DONNEU 18 Assistant Planning Director 19 20 21 22 23 24 25 26 27 28 PCRESON0.6001 -3- The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION ,©Item No. P.C. AGENDA OF: December 21, 2005 Application complete date: September 22, 2005 Project Planner: Michael Grim Project Engineer: N/A SUBJECT: GPA 05-12/LCPA 05-08/ZC 05-11 - BMP HARDLINE GPA - Request for a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the land use and zoning designations of the remaining existing Habitat Management Plan hardline preserve areas throughout the City to Open Space. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolutions No. 5999, 6000, and 6001 RECOMMENDING APPROVAL of General Plan Amendment GPA 05-12, Local Coastal Program Amendment LCPA 05-08, and Zone Change 05-11, based upon the findings contained therein. II. INTRODUCTION The proposed project involves the revision of land use and zoning designations to Open Space for all, or a portion of, 90 parcels throughout the City. The parcels are located within the existing hardline preserve area for the City's Habitat Management Plan (HMP) and, therefore, are precluded from development in perpetuity. The HMP, approved by the City Council in November 2004, designated a City-wide preserve system and identified parcels within the City that contained species and/or native habitats of special interest. The preservation of these parcels was established in order to protect rare and unique biological resources within the City so as to preserve wildlife habitats, in concert with North County Multiple Habitat Conservation Plan (MHCP) and the State's Natural Communities Conservation Planning Act (NCCP). III. PROJECT DESCRIPTION AND BACKGROUND The City of Carlsbad is requesting approval of a General Plan Amendment, Zone Change, and Local Coastal Program Amendment to change the land use and/or zoning designations of properties within the City's HMP hardline preserve to Open Space. The proposed action is one of many steps needed to fully implement the HMP and to comply with the Implementing Agreement between the City and wildlife agencies. The City's HMP was approved in November 2004 and, upon its approval, the City was granted the authorization to issue permits allowing the incidental take of endangered, threatened, and special species and habitats. The HMP represents a subarea plan within the MHCP, a subregional plan prepared by SANDAG, its member jurisdictions, and the wildlife agencies in concert with the State's NCCP program. The HMP describes an approximately 6,400 acre0 » GPA 05-12/LCPA 05-08/ZC u5-l 1 - HMP HARDLINE GPA December 21,2005 Page 2 preserve system in Carlsbad, composed of specific existing and future preserved open space (known as "hardline" areas), and areas with conservation requirements for future open space preservation (known as "standards" areas). These future hardline and standards areas are added to the overall preserve system as they become conserved through the establishment of conservation easements and long-term maintenance and monitoring arrangements. As these areas are added to the preserve, the corresponding land use and zoning designations are changed to Open Space, in order to provide consistency between the HMP and other planning documents, such as the General Plan, Local Coastal Program, and Zoning Ordinance. The existing hardline preserve areas were set aside by previous development permits or were negotiated with property owners during the HMP process. While these areas were already covered by open space easements and precluded from any development in perpetuity, several did not have the Open Space General Plan and/or Zoning designation needed for consistency and stronger regulatory protection, as well as disclosure. Therefore, the Implementing Agreement signed by the City, US Fish and Wildlife (USFWS), and California Department of Fish and Game (CDFG), stipulated that all existing hardline preserve areas be designated as Open Space. The areas proposed for designation change vary widely. As stated above, most were already established through a previous development action. Some of these are complete open space parcels set aside during subdivision of a property; others are portions of lots containing native habitat and preserved from future development through open space easements or deed restrictions. Some parcels are contained in habitat conservation areas owned and managed by CDFG. It is important to note that all of the existing hardline areas have already been set aside for open space preservation and precluded from development for perpetuity, therefore the proposed designation changes do not alter the developability of the parcels. The properties proposed for designation change have a variety of long-term management and biological monitoring arrangements. Ideally, all properties within the HMP preserve would be covered by a conservation easement that requires management and maintenance of the open space area and biological monitoring; however, some of the earlier acquired open space parcels are simply covered by an open space easement with basic maintenance by a Homeowner's Association and no monitoring requirements. For properties with conservation easements, the management and maintenance involves activities such as invasive plant and trash removal, restriction of public access where appropriate, and education of surrounding homeowners as to the potentially harmful effects of ornamental landscaping, pets, lighting, and fire suppression. The biological monitoring is intended to assess the vitality of the habitat, recommend any adaptive management techniques needed to promote further habitat health, and provide scientific information related to local ecosystems. The proposed designation changes would not affect any existing or future management and monitoring requirements of the subject properties. The proposed designation changes would also increase consistency between the HMP and other regulatory documents. As part of the HMP implementation, the General Plan was recently amended to contain specific policy statements regarding HMP compliance and the disposition of Open Space designated parcels. The Zoning Ordinance is currently being amended through separate action to also provide regulatory guidance as to the treatment of Open Space parcels identified for habitat preservation. By changing the land use and zoning designations of parcels to Open Space, these HMP related policies and regulations would apply to all properties within GPA 05-12/LCPA 05-08/ZC vo-11 - HMP HARDLINE GPA December 21,2005 Page 3 the existing hardline preserve area. The change in designation to Open Space also reduces any potential confusion for prospective property owners as to the developability of a parcel. The HMP Hardline GPA is subject to the following regulations: A. General Plan; B. Local Coastal Program; C. Zoning Ordinance; D. Habitat Management Plan; and E. Growth Management Program. IV. ANALYSIS The recommendation for approval of this project was developed by analyzing the project's consistency with the applicable policies and regulations listed above. The following analysis section discusses compliance with each of these regulations/policies utilizing both text and tables. A.General Plan The HMP Hardline GPA is consistent with the applicable policies and programs of the General Plan. Particularly relevant to the land use and zoning designation amendment are the Land Use, Housing, and Open Space and Conservation Elements. Table 1 below indicates how the project complies with these particular elements of the General Plan. TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective, or Program Proposed Use or Improvements Compliance Land Use Implement the HMP in order to protect rare and unique biological resources within the City so as to preserve wildlife habitats. Amend Title 21 of the Carlsbad Municipal Code to be consistent with the approved land use revisions of the General Plan Land Use Map. The HMP calls for all hardline preserve areas to be designated Open Space in the City's General Plan. Proposed project includes the Zone Changes necessary to maintain consistency between the Zoning Ordinance and General Plan. Yes Yes GPA 05-12/LCPA 05-08/ZC u5-l 1 - HMP HARDLINE GPA December 21,2005 Page 4 TABLE 1 - GENERAL PLAN COMPLIANCE Element Use Classification, Goal, Objective, or Program Proposed Use or Improvements Compliance Housing Allow development of sufficient new housing to meet Carlsbad's share of the total regional housing need, as defined in the Regional Housing Needs Assessment (RHNA). The residentially-designated areas proposed for revision are already constrained and precluded from development by being within the HMP hardline preserve, therefore they are already not available for development and not included in the City's provision of adequate vacant land to meet its share of the RHNA. Yes Open Space and Conservation Implement the City's HMP including making all necessary changes to applicable City ordinances. The proposed project includes revisions to the Zoning designations to ensure consistency with the General Plan. Yes Given the above, the proposed HMP Hardline GPA is consistent with the applicable portions of the General Plan. B. Local Coastal Program Some of the subject properties proposed for land use and zoning designation revision are located within the City's Coastal Zone and, therefore, are subject to the provisions of the LCP. The LCP consists of two parts - the Land Use Plan and the implementing ordinances. For the Coastal Zone subject properties, the implementing ordinances consist of the applicable portions of the Zoning Ordinance. This section only addresses compliance with the Land Use Plan since Zoning Ordinance compliance is discussed in Section C below. The policies of the Land Use Plan emphasize topics such as preservation of agricultural and scenic resources, protection of environmentally sensitive resources, provision of shoreline access, and prevention of geologic instability and erosion. The proposed land use designation changes to Open Space are consistent with the policies contained in the Land Use Plans for the City's LCP. Since all of the existing hardline areas are precluded from future development, no impacts to any physical features such as scenic resources, environmentally sensitive areas, or geologic features will occur. No agricultural lands exist within the natural habitat preserve. The proposed Open Space designation for the properties has no impact on any existing or future shoreline access opportunities since trails are allowed within open space areas and none of the properties is located between the shore and the first public road. GPA 05-12/LCPA 05-08/ZC U5-11 - HMP HARDLINE GPA December 21,2005 PaeeS Given the above, the proposed HMP Hardline GPA is consistent with the Land Use Plans of the LCP. C. Zoning Ordinance The Land Use Element of the General Plan states that Title 21 should be amended to be consistent with the General Plan land use designations. The proposed HMP Hardline GPA project involves changes to the zoning designations of 22 parcels from their current residential, commercial, or industrial zoning to Open Space. These zone changes would provide consistency with the proposed Open Space General Plan land use designations. A number of the parcels are located within Master Plan areas and, therefore, are zoned Planned Community (P-C). No zone change is proposed for these parcels since the P-C zoning refers to the applicable master plan and those plans, or their corresponding subdivision maps, identify the parcels as open space areas. Both the Open Space and Planned Community zoning designations implement the Open Space General Plan land use designation. As mentioned above, the Open Space zone (Chapter 21.33 of the Zoning Ordinance) is currently being revised to specifically state the restrictions on uses for parcels designated open space as part of the HMP. The change in zoning of the hardline preserve areas to Open Space allows for consistent implementation of the HMP requirements on those parcels by placing them under the zoning restrictions to be included in the Open Space zone. Given the above, the proposed zoning changes are consistent with the applicable portions of the Zoning Ordinance. D. Habitat Management Plan The properties proposed for land use and zoning designation change are located within the existing hardline preserve of the HMP. Section 11.1 of the Implementing Agreement describes the obligations of the City for implementation of the HMP. Section 11.1.A requires that all existing hardline preserve areas be designated with an Open Space General Plan land use designation. In order to maintain consistency, staff is recommending that those parcels not included in master plans (i.e. zoned P-C) be zoned Open Space, as discussed above. These land use and zoning designations link the preserve parcels to the land use policy statements and zoning regulations adopted, or being adopted, as part of the HMP implementation process. Some of the parcels have only a portion of property within the hardline preserve area. These properties typically contain natural habitat areas that are covered by an open space easement and/or deed restriction. The proposed land use and zoning designation change would only include that portion or the parcel within the open space easement and, therefore, follow the existing hardline preserve boundary. Given that the designation changes are required by the HMP Implementing Agreement, further the regulatory control over the natural open space areas, and are limited to the extent of the existing hardline preserve, the proposal is consistent with the City's HMP. E. Growth Management Program The proposed actions would change the designation of a number of residentially or commercially designated parcels, or portions thereof, to Open Space. Since the properties were already set GPA 05-12/LCPA 05-08/ZC U5-11 - HMP HARDLINE GPA December 21,2005 Page 6 aside for preservation in perpetuity, no residential or commercial growth was anticipated for those sites. Therefore no impact to future housing provision or non-residential square footage estimates will occur. No additional facilities are required to serve the open space areas. Therefore, no impacts to the Growth Management Program will occur as a result of the proposed land use and zoning designation changes. V. ENVIRONMENTAL REVIEW The properties proposed for land use and zoning designation changes are already precluded from development due to their identification as hardline preserve areas in the City's Habitat Management Plan. They are covered by open space easement and/or conservation easements that also preclude their further development. In addition, many of these properties are identified as open space lots on the subdivision map that created the parcel. Therefore, the change in designation to open space does not affect their development potential or otherwise impact their existing or future land use. The proposed action constitutes a minor alteration to land use limitations and is exempt from environmental review pursuant to Section 15305 of the State CEQA Guidelines. A Notice of Exemption will be filed upon final project determination. ATTACHMENTS: 1. Planning Commission Resolution No. 5999 (GPA) 2. Planning Commission Resolution No. 6000 (LCPA) 3. Planning Commission Resolution No. 6001 (ZC) Planning Commission Minutes December 21,2005 Page 3 EXHIBIT 5 1. GPA 05-12/LCPA 05-08/ZC 05-11 - HMP HARDLINE GPA - Request for a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the land use and zoning designations of the remaining existing Habitat Management Plan hardline preserve areas throughout the City to Open Space. Mr. Neu introduced Item 1 and stated Senior Planner Mike Grim would make the Staff presentation. Vice Chairperson Montgomery opened the public hearing on Item 1. Mr. Grim gave a detailed presentation on the project and stated he would be available to answer any questions. Vice Chairperson Montgomery inquired if there were any errata sheets or additional documents for this item because of it being continued from a previous hearing. Mr. Grim stated that there were changes made to the exhibits attached to the General Plan Amendment Resolution to delineate those areas which are portions rather than full parcels. Subsequent to those revisions, there were also two areas of Resolution No. 5999 and its attachments. Mr. Grim referred to the errata sheet dated December 21, 2005. Vice Chairperson Montgomery asked if there were any questions of staff. Vice Chairperson Montgomery asked if there are any parcels in the City that do not now have any open space restrictions or open space easements that are now going to be burdened by an open space designation in this HMP Hardline and as such parcels haven't already been in contact with the City and the developability issues of those parcels being effected and all. Commissioner Montgomery asked if there are any parcels or portions of parcels that are effected like that. Mr. Grim stated no because all the effected property owners were part of the HMP preparation and negotiation. Commissioner Dominguez asked if the long-term management and monitoring issues have been resolved. Mr. Grim stated it is on-going. Vice Chairperson Montgomery asked if there were any other questions of Staff. Seeing none, he opened public testimony on the item. Wayne Callaghan, 38 Redhawk, Irvine, stated his attorney is currently working the Staff in regards to the HMP Implementation as it may impact his development project. Vice Chairperson Montgomery asked if there were any questions. Vice Chairperson Montgomery asked if there were any other questions or if any members of the audience wished to speak on the item. Seeing none, he closed public testimony on the item. MOTION ACTION: Motion by Commissioner Heineman, and duly seconded, that the Planning Commission adopt Planning Commission Resolutions No. 5999, 6000, and 6001 recommending approval of General Plan Amendment GPA 05-12, Local Coastal Program Amendment LCPA 05-08, and Zone Change 05-11, based upon the findings contained therein, including the errata sheet. VOTE: 4-0-3 AYES: Vice Chairperson Montgomery, Dominguez, Heineman and Whitton NOES: None ABSENT: Chairperson Segall, Commissioners Baker and Cardosa, Vice Chairperson Montgomery closed the public hearing on Item 1. Chairperson Segall returned to the dais for the remainder of the agenda items. Chairperson Segall asked Mr. Neu to introduce the next item. The Coast News Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. 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 principal clerk of the printer of The Coast News, a newspaper printed and pub- lished weekly and which newspaper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a printed copy, has been published in, each regular and entire issue of said newspaper and not in any sup- plement thereof on the following dates, to- wit: Jan. 27. 2006 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of California/On the 27th day of January, 2006. Clerk of the Printer Space above for County Clerk's Filing Stamp co S rat•g ™ - u OSMS:**.CD*-* >._ 5 ±i£8*H|«_ 5\i 3 CO CO Ji .2 5r *~ *•*O® 0>CO 'I -o c S 8|'|o 2-5 £2 fl.i°^|E<fi«|5 ..UJ US< oo PROOF OF PUBLICATION (2010 & 2011C.C.P.) This space is for the County Clerk's Filing Stamp 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: thJanuary 27'", 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at SAN MARCOS California This 27th, Day of January, 2006 Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council . Chambers, 1200 Carlsbad Village Drive, Carlsbad, Califor- nia, at 6:00 p.m. on Tuesday, February 7,2006, to consider a request for approval of a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the land use and zoning designations of the remaining existing Habitat Management Plan hardline preserve areas throughout the City to Open Space. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bili will be available on or after February 3,2006. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the General Plan Amendment, Local Coastal Program Amendment, and/or Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in writ- ten correspondence delivered to the City of Carlsbad, Attn: ' City Clerk, 1200 Carlsbad Village Drive. Carlsbad CA 92008, at or prior to the public hearing. CASE FILE: CASE NAME: GPA05-12/LCPA05-08/ZC 05-11 HMP HARDLINE GP CITY OF CARLSBAD CITY COUNCIL f \ ^ — ) Signature Jane Allshouse NORTH COUNTY TIMES Legal Advertising NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 7, 2006, to consider a request for approval of a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the land use and zoning designations of the remaining existing Habitat Management Plan hardline preserve areas throughout the City to Open Space. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on or after February 3, 2006. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the General Plan Amendment, Local Coastal Program Amendment, and/or Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: GPA 05-12/LCPA 05-08/ZC 05-11 CASE NAME: HMP HARDLINE GPA PUBLISH: North County Times - January 27, 2006 Coast News - January 27, 2006 CITY OF CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the City Council of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, February 7, 2006, to consider a request for approval of a General Plan Amendment, Local Coastal Program Amendment, and Zone Change to change the land use and zoning designations of the remaining existing Habitat Management Plan hardline preserve areas throughout the City to Open Space. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on or after February 3, 2006. If you have any questions, please call Mike Grim in the Planning Department at (760) 602-4623. If you challenge the General Plan Amendment, Local Coastal Program Amendment, and/or Zone Change in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk, 1200 Carlsbad Village Drive, Carlsbad CA 92008, at or prior to the public hearing. CASE FILE: GPA 05-12/LCPA 05-08/ZC 05-11 CASE NAME: HMP HARDLINE GPA PUBLISH: North County Times - January 27, 2006 Coast News - January 27, 2006 CITY OF CARLSBAD CITY COUNCIL Jam end Smudge Free Printing Use Aveiy® TEMPLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160* CITY OF ENCINITAS COMM DEV DEPT 505 S VULOCAN AVE ENCINITAS CA 92024 TABATA FARMS PO BOX 1338 CARLSADCA 920181338 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA COASTAL COMMISSION STE 103 7575 MTROPOLITAN DR SAN DIEGO CA 921084402 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYANPLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 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MILIVOJE S&NATASHA P 1202 PLUM TREE RD CARLSBAD CA 92009 REAL ESTATE COLLATERAL MGMT SUITE 180 1903 WRIGHT PL CARLSBAD CA 92008 SAN DIEGUITO SCHOOLptSTR'lCT PUBUCfAGENCY OOOOO IGH VILLAGIO HOA SUITE 120 1903 WRIGHT PL CARLSBAD CA 92008 MITSUUCHI BYPASS TRUST 9 SUNLIGHT IRVINE CA 92603 9Q91S ©A2J3AV AM3AV-O9-008-1 U103-AI8AB-MMAA 8>(ms aividiftpi e&aAv asnFuinniij aau aAnnmc mm nier Impression antibourrage et a sechage rapide Utilisez Ife gabarit 5160®wwvibavery.com 1-800-GO-AVERY AVERY® 5160® CITY OF CARL PUBLIC AGENCY 00000 CARLSBAD PARTNER TCHANG PAUL K TR 3573 KENYON ST SAN DIEGO CA 92110 COSTCO WHOLESALE CORPORATION 999 LAKE DR ISSAQUAH WA 98027 PALOMAR OAKS L L C 2335 FARADAY AVE #O CARLSBAD CA 92008 RANCH AT CARLSBAD OWNERS ASSN 5962 LA PLACE CT #250 CARLSBAD CA 92008 BORDERS INC <LF> FOURTH QUARTER PROPERTIES XXX L 300 VILLAGE GREEN CIR SE #200 SMYRNA GA 30080 AVIARA MASTER ASSN SUITE 206 2011 PALOMAR AIRPORT RD CARLSBAD CA 92009 VIADANA HOMEOWNERS ASSN SUITE 111 543 ENCINITAS BLVD ENCINITAS CA 92024 STATE OF PUBLI IA 00000 LA COSTA VALLEY MASTER ASSN P O BOX 9000-266 CARLSBAD CA 92018 LA COSTA VALLEY MASTER ASSN 450 B ST #620 SAN DIEGO CA 92101 AVIARA SERENATA LLC 19800 MACARTHUR BLVD #700 IRVINE CA 92612 DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA LN CARLSBAD CA 92009 ENVIRONMENTAL TRUST 7879 EL CAJON BLVD LA MESA CA 91941 HOFFMAN STEPHEN LIVING TRUST 1494 S COAST HIGHWAY 101 ENCINITAS CA 92024 PALOMAR OAKS BUSINESS CENTER SUITE 110 888 PROSPECT ST LA JOLLA CA 92037 KEYSTONE CARLSBAD 28 LLC SUITE 360 5333 MISSION CENTER RD SAN DIEGO CA 92108 CANTAMAR CARLSBAD ASSN SUITE 200 3090 BRISTOL ST COSTA MESA CA 92626 POINSETTIA HEIGHTS HOA SUITE 107 2385 CAMINO VIDA ROBLE CARLSBAD CA 92009 R P H INDUSTRIAL LLC P O BOX 4900 SCOTTSDALE AZ 85261 KNOLLS OF CALAVERA HILLS 3900 HARNEY ST SAN DIEGO CA 92110 NEWPORT SHORES BUILDERS DRAWER A HUNTINGTON BEACH CA 92648 AVIARA PREMIER COLLECTION SUTIE 200 1935 CAMINO VIDA ROBLE CARLSBAD CA 92008 GREYSTONE HOMES INC SUITE 300 1525 FARADAY AVE CARLSBAD CA 92008 STATE OF CALIFORNIA PUBLIC A0ENCY 00000 CARLSBAD SHOREPOINTE HOA SUITE 200 3088 PIO PICO DR CARLSBAD CA 92008 STATE OF CM DEPARTMENT OF FISH&GAME PUBttCAGENCY 00000 CARLSBAD SHORj SUITE 200 3088 PIOB*CO DR CARLSBAD CA 92008 fNTE HOA BREHM-AVIARA GROUP LLC SUITE 200 1935 CAMINO VIDA ROBLE CARLSBAD CA 92008 ®Atl3AV AM3AV-OD-008-1 «091S 31VMI aaij aBpnuis pue uier Jam and Smudge Free Printing Use Avery® TEMPLATE 5160* CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 www.avery.com 1-800-GO-AVERY SAN MARCOS SCHOOL DIST 1 CIVIC CENTER DR SAN MARCOS CA 92069 AVERY® 5160* ENCINITAS SCHOOL DIST 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DIST 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DIST 1966OLIVENHAINRD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AVE ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA PO BOX 1988 VISTA CA 92085 VALLECITOS WATER DIST 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AVE SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 AIR POLLUTION CNTRL DIST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CITY OF CARLSBAD RECREATION CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL GRIM f ui\er4on, H/05/2006 ®<ms AH1AV-O9-008-L amrl Jam and Smudge Free Printing Use Avery® T0V1PLATE 5160® www.avery.com 1-800-GO-AVERY AVERY® 5160® JOHN LAMB 1446 DEVLIN DR LOS ANGELES CA 90069 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE100S 100 HOWE AVE SAN DIEGO CA 92123 COUNJTY OF SD SUPERVISOR RM335 1600 PACIFIC SAN DIEGO ca 92101 PERRY LAMB 890 MERE PT RD BRUNSWICK ME 04011 SD COUNTY PLANNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 FLOYD ASHBY PO BOX 232580 ENCINITASCA 920232850 DALE OR DOROTHY SCHREIBER 7163ARGONAUTAWAY CARLSBAD CA 92009 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 AHiAV-OD-008-l amrlpl afipmac p tst aRDimnnnno iiniceaiHini HMP HMP Hardline Hardline GPAGPAGPA 05-12/LCPA 05-08/ZC 05-11 HMP HMP Hardline Hardline GPAGPAzProject includes General Plan Amendments, Zone Changes, and Local Coastal Program Amendments.zChanging designation of existing HMP hardline preserve areas to Open Space.zSome involve entire parcel, some only involve a portion of the parcel.zTotal of 90 affected parcels. HMP HMP Hardline Hardline GPAGPAzRedesignationof existing hardlineareas required for HMP implementation.zTies preserve parcels to recently adopted General Plan Land Use Element policies and Open Space zoning regulations.zDoes not affect any proposed hardline preserve or standards areas -these areas will change designation along with accompanying development project. ConsistencyConsistencyzGeneral PlanzLocal Coastal ProgramzZoning OrdinancezHabitat Management PlanzGrowth Management ProgramzCalifornia Environmental Quality Act RecommendationRecommendationzIntroduce Ordinance NS-788, approving ZC 05-11; andzAdopt City Council Resolution No. 2006-029, approving GPA 05-12, LCPA 05-08, and ZC 05-11.zLCPA will require approval by the California Coastal Commission. HMP HMP Hardline Hardline GPAGPAGPA 05-12/LCPA 05-08/ZC 05-11