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HomeMy WebLinkAbout2006-05-16; City Council; 18561; Land Use Element & Open Space AmendmentCITY OF CARLSBAD - AGENDA BILL AB# 16.561 MTG. 5/16/06 DEPT. PLN TITLE: FIRST AMENDMENTS IN 2006 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN OUl ODCQ.Q. OO RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2006-124 APPROVING the first amendments in 2006 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of two projects commonly known as "HMP Hardline GPA" (GPA 05-12) and "Density Bonus Amendment" (GPA 05-14). 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 one of the applications also proposes an amendment to 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 first amendments in 2006 to the Land Use Element and Open Space and Conservation Element. The recommended action would formally adopt the changes to the General Plan (previously approved in concept), which will ensure consistency between the General Plan and Zoning Ordinance. TABLE A GENERAL PLAN AMENDMENTS THAT CONSTITUTE THE FIRST AMENDMENTS IN 2006 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT GPA No. GPA 05-12 GPA 05-14 Project Title HMP Hardline GPA Density Bonus Amendment Date Approved "In Concept" February 7, 2006 (Resolution No. 2006-029) March 2 1,2006 (Resolution No. 2006-065) General Plan Element(s) to be Amended Land Use Open Space and Conservation Land Use Description Change the General Plan land use designation of existing Habitat Management Plan (HMP) hardline preserve areas to OS (Open Space). Modify the definition of the term "Density Bonus Program" to be consistent with State Density Bonus law. With regard to GPA 05-12, there were a few minor typographical errors on the map exhibits (indicating what properties are being designated as Open Space) that were approved in concept on February 7, 2006 (by adoption of Resolution No. 2006-029). Those minor errors have been corrected. The corrections are reflected in the maps attached to Exhibit 1 of this agenda bill (the City Council Resolution formally adopting the General Plan amendments), and the corrections are described in attached Exhibit 2. GPA 05-12 will result in an increase in the amount of land designated as Open Space (OS) in the city (see Table B, below). The properties proposed to be designated OS are currently precluded from development due to their location within the existing hardline preserve areas of the HMP, and designating them OS will provide additional assurance that they remain as open space. PAGE 2 TABLE B OPEN SPACE ASSOCIATED WITH THE FIRST AMENDMENTS IN 2006 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT Project GPA05-12 HMP Hardline GPA Quadrant NE NW SE SW Area to be Designated as Open Space 269.27 acres (7 parcels) 48.01 acres (12 parcels) 95.60 acres (13 parcels) 378. 11 acres (42 parcels) Total Area Designated as Open Space: 790.99 acres ENVIRONMENTAL: Project Environmental Status First Amendments in 2006 to the Land Use Element and Open Space and Conservation Element 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 as follows: 1) the project is exempt from CEQA (GPA 05- 12); and 2) the project would cause no significant environmental effects (GPA 05-14). 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 first amendments in 2006 to the Land Use Element and Open Space and Conservation Element have been addressed adequately, and no additional environmental analysis is necessary. GPA 05-12 HMP Hardline GPA GPA 05-12 consists of changing the General Plan land use designation of existing HMP hardline preserve areas to Open Space (OS). The properties proposed for designation changes are already precluded from development due to their location within the existing hardline preserve areas of the HMP. Therefore, the change in designation to OS 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. GPA 05-14 Density Bonus Amendment The proposed GPA is part of a project that consists of amending the City's density bonus regulations (within the General Plan and Zoning Ordinance) to be consistent with State density bonus law. The initial study prepared for this project did not identify any potentially significant impacts on the environment. A Negative Declaration was adopted by the City Council on March 21, 2006. FISCAL IMPACT: Project GPA 05-12 HMP Hardline GPA GPA 05-14 Density Bonus Amendment Fiscal Impact No fiscal impacts have been identified. No fiscal impacts have been identified. EXHIBITS: 1. 2. City Council Resolution No. 2006-124 Description of Map Corrections Department Contact: Jennifer Jesser, (760) 602-4637, iiess@ci.carlsbad.ca.us 1 RESOLUTION NO. 2006-124 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST 3 AMENDMENTS IN 2006 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE 4 GENERAL PLAN CONSISTING OF TWO PROJECTS COMMONLY KNOWN AS HMP HARDLINE GPA (GPA 05-12) 5 AND DENSITY BONUS AMENDMENT (GPA 05-14). APPLICANT: CITY OF CARLSBAD 6 CASE NAME: FIRST AMENDMENTS IN 2006 TO THE LAND USE ELEMENT AND OPEN SPACE AND 7 CONSERVATION ELEMENT OF THE GENERAL PLAN. 8 WHEREAS, pursuant to Government Code Section 65358(b), no mandatory 9 element of the General Plan shall be amended more frequently than four times during any 10 calendar year, and any one of those four amendments may include more than one change to the General Plan; and 12 WHEREAS, the Land Use Element and Open Space and Conservation Element are a mandatory elements of the General Plan; and WHEREAS, pursuant to Government Code Section 65358, and the provisions of i *J the Carlsbad Municipal Code, the Planning Commission did, on December 21, 2005 (GPA 05-16 12) and February 1, 2006 (GPA 05-14), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan; and 18 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 5999 and 6022 recommending approval in concept of the proposed changes to 71 the General Plan; and 22 WHEREAS, the City Council did, on February 7, 2006 (GPA 05-12) and March 23 21, 2006 (GPA 05-14), hold duly noticed public hearings to consider the Planning Commission's 24 recommendations and to hear all persons interested in the proposed amendments to the 25 General Plan and the related environmental reviews; and 26 WHEREAS, the City Council adopted City Council Resolutions No. 2006-029, 27 and 2006-065 approving in concept the proposed changes to the General Plan; and 28 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 05-12 and GPA 05-14 into a single amendment for each element constituting the first Land Use Element Amendment of 2006 and the first Open Space and Conservation Element Amendment of 2006; 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 findings of the City Council set forth in City Council Resolutions No. 2006-029 and 2006-065 (on file in the City Clerk's office) are made a part hereof by reference. 3. That the first amendments to the Land Use Element and Open Space and Conservation Element of the General Plan during calendar year 2006 are approved as shown on the attached exhibits consisting of: a) 1 page titled "GPA 05-14 Exhibit B" (dated February 1, 2006), and b) 32 pages titled "GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11" "Map 1" through "Map 32" (dated April 26, 2006). EFFECTIVE DATE: The amendments to the Land Use Element and the Open Space and Conservation 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 16th day of May , 2006, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None CLA0DE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -2- Exhibit "B" February 1, 2006 Land Use Element DENSITY BONUS PROGRAM ENVIRONMENTALLY SENSITIVE LANDS GMP GROWTH MANAGEMENT PROGRAM/PLAN (GMP) sible space Include: improving the natural capability of residents to visually survey the public areas of their residential environment; enhancing spheres of territorial influence within which residents can easily adopt proprietary attitude; and, enhancing safety through the strategic geographic locations of intensively used community facilities. A density increase of at least 25% granted pursuant to Sections 65915 through 65917 of the California Government Code, which is over the otherwise maximum allowable residential density of the under the applicable residential land use designation 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. I links residential, commercial and industrial development directly to the availability of public services and facilities. It sets limits on the total number of housing units to be built and increases the total amount of open space to be preserved in the City. A geographically-defined area in the City, the boundaries of which were based upon logical facilities and improvements planning relationships. 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 comprehensive, citywide program which identifies how the city can preserve the diversity of natural habitats and protect rare and unique biological resources. See Local Coastal Program. See Local Facilities Management Plan. A specifically prepared land use plan for the portion of the city located within the Coastal boundaries as defined by the State Coastal Act. The plan must address the protection of coastal resources and public access to the coastline. LOCAL FACILITIES MANAGEMENT PLAN (LFMP) Shows how and when the following facilities and improvements necessary to accommodate development within the zone will be installed or GROWTH MANAGEMENT ZONE HABITAT MANAGEMENT PLAN LCP LFMP LOCAL COASTAL PROGRAM (PLAN) (LCP) Page 42 Amended September 13, 2005 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map#1 CO 2 J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. 167-030-79 B. C. D. From: RM To: OS GENERAL PLAN MAP CHANGE April 26. 2006 Map #2 GPA-12/LCPA 05-08/ZC 05-11 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 April 26. 2006 Map #3 ro J:\cbgis\products\plannincGeneral 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 GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #4 to J:\cbgis\products\plannincGeneral Plan 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 212-1 30-30 D. POR 212-1 30-31 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 April 26. 2006 Map #5 TO J:\cbgis\products\planniruGeneral 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. 212-130-35 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 April 26. 2006 Map #6 General Plan Map Designation Change Property A. 223-681-19 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #7 General Plan Map Designation Change Property A. 167-521-60 B. C. D. From: RLM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #8 to J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. POR 223-720-06 B. C. D. From: RLM To: OS 13 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26, 2006 Map #9 cc J:\cbgis\products\planniniGeneral 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 April 26. 2006 Map #10 (02 J:\cbgis\products\plannin<General 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 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 Apr" 26.2006 Map #11 CB J:\cbgis\products\plannin<General Property A. 264-482-02 B. 264-482-03 C. 264-482-04 D. 264-482-05 E 264-500-15 Plan Map Designation Change From: RL RL RL RL RL To: OS OS OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #12 General Plan Map Designation Change Property A. 255-273-02 B. 255-253-28 C. D. From: RLM RLM To: OS OS 11 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #13 to J:\cbgis\products\planniruGeneral Plan 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: RLM RLM RLM RLM RLM To: OS OS OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #14 CO J:\cbgis\products\plannin(General Plan Map Designation Change Property A. 215-644-09 B. 215-644-10 C. 215-690-14 D. From: RLM RLM RLM To: OS OS OS II GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #15 <0 J:\cbgis\products\planninsGeneral Plan Map Designation Change Property A. 215-670-13 B. POR 215-671-03 C. D. From: RM RM To: OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #16 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 April 26, 2006 Map #17 03 J:\cbgis\products\plannincGeneral Plan Map Designation Change Property A. POR 21 5-841 -07 B. C. D. From: RM To: OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #18 General Plan Map Designation Change Property A, 215-790-15 B. 215-780-12 C. D. From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #19 General 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 April 26. 2006 Map #20 GPA 05-12/LCPA 05-08/ZC 05-11 General 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 GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #21 as J:\cbgis\products\planninjGeneral Plan Map Designation Change Property A. 215-891-10 B. 215-890-32 C. 215-890-47 From: RLM RLM RLM To: OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #22 General Plan Map Designation Change Property A. 215-960-19 B. C. D. From: RLM To: OS 7 GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #23 General Plan Map Designation Change Property A. 215-900-28 B. 215-900-29 C. 215-900-52 D. 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 April 26. 2006 Map #24 O General Plan Map Designation Change Property From:To: A. POR 216-121-17 RM OS CL"35H B. POR 215-051-04 _£. "H! RM OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #25 (0 J:\cbgis\products\planniruGeneral Plan Map Designation Change Property A. 212-192-01 B. 212-192-03 C. D. From: RM RM To: OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #26 as 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 3l GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #27 General Plan Map Designation Change Property A. POR 214-543-29 B. POR 214-544-05 C. D. From: RLM RLM To: OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26, 2006 Map #28 re J:\cbgis\products\planniruGeneral Plan Map Designation Change Property A. 215-072-42 B. POR 21 5-083-09 C. 215-074-22 D. 214-544-07 From: RLM RLM RLM RLM To: OS OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #29 ro J:\cbgis\products\plannincGeneral Property A. 215-920-42 B. 215-880-11 C. 215-880-01 D. Plan Map Designation Change From: RLM RM RM To: OS OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26, 2006 Map #30 to J:\cbgis\products\planninsGeneral Plan Map Designation Change Property A. POR 255-012-03 B. POR 255-012-10 C. D. From: C/O/RMH C/O/RMH To: OS OS GENERAL PLAN MAP CHANGE GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #31 CD J:\cbgis\products\plannin(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 GPA 05-12/LCPA 05-08/ZC 05-11 April 26. 2006 Map #32 CO2 J:\cbgis\products\plannin(General Plan Property A. POR 211 -040-32 B. POR 21 1-040-36 C. D. E Map Designation Change From: R R To: OS OS Exhibit 2 First Amendment in 2006 to the Land Use Element and Open Space and Conservation Element of the General Plan On February 7, 2006, the City Council adopted Resolution No. 2006-029, approving GPA 05-12 in concept. That action approved in concept 32 map exhibits indicating what HMP hardline properties are to be designated as Open Space (OS) as part of GPA 05-12. Four of those map exhibits contained minor typographical errors that have been corrected, as described below: DESCRIPTION OF MAP CORRECTIONS Map Reference Description of Correction Map5 As approved in concept on February 7, 2006, the list of assessor parcel numbers (APNs) at the bottom of Map 5 listed item "D" as "POR 212-130-35". The letters "POR" indicate that a portion of the APN is being designated as Open Space (OS). However, as shown on the map, the entire parcel of APN 212-130-35 is being designated as OS (portions of parcels to be designated OS are shown in the hatched area on the map). Map 5 has been modified to delete "POR" from the listing for APN 212-130-35 (item "D"). This correction does not change the boundaries of OS approved in concept by the City Council on February 7, 2006. Map 6 As approved in concept on February 7, 2006, the list of APNs at the bottom of Map 6 listed item "A" as "223-693-19". However, the parcel identified (with hatching) in the map is APN 223-681-19. Item "A" has been corrected to reference the correct APN. This correction does not change the boundaries of OS approved in concept by the City Council on February 7, 2006. Map 24 As approved in concept on February 7, 2006, the list of APNs at the bottom of Map 24, as well as the hatched areas of the map, indicate that portions of APNs 216-121-15, 18, 19, and 20 were to be designated as OS. However, these parcels are currently designated as OS on the General Plan Land Use Map. These parcels were shown on Map 24 in error. Since no further action by the city is necessary to designate these parcels as OS, the map has been corrected to remove the parcels from the map. This correction does not change the boundaries of OS approved in concept by the City Council on February 7, 2006, because the parcels removed from the map were previously designated and will remain OS. Map 30 As approved in concept on February 7, 2006, the list of APNs at the bottom of Map 30 include APN 255-012-04 (item "B"). However, the map does not indicate any hatching on this parcel, and no portion of this parcel is proposed to be designated as OS. The parcel is developed with a retail center (Forum at Carlsbad). The APN has been removed from the map. Also, in the list of APNs at the bottom of Map 30, item "C" is for "POR 215-920-10". However, the parcel identified (with hatching) in the map that item "C" is referring to is APN 255-012-10. Item "C" has been corrected to reference the correct APN. These corrections doe not change the boundaries of OS approved in concept by the City Council on February 7, 2006. 35!