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
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2
3
4
5
6
7
8
9
10
11
12
13
14
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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
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"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!