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Home My WebLink About2007-01-09; City Council; 18855; Amendment to the General PlanCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18.855 Planning AMENDMENT TO THE GENERAL PLAN BATCH 1 OF 2007 GPA 02-04 (Robertson Ranch)/GPA 04-12 (Poinsettia Place)/GPA 06-01 (Fenton Carlsbad Research Center) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2007-003 APPROVING the first amendments in 2007 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of three projects commonly known as "Robertson Ranch Master Plan" (GPA 02-04), "Poinsettia Place" (GPA 04-12), and "Fenton Carlsbad Research Center" (GPA 06-01). ITEM EXPLANATION: State law allows a jurisdiction to amend a mandatory element of the General Plan no more than four times per calendar year. The mandatory elements are Land Use, Circulation, Housing, Open Space, Noise, Safety, and Conservation. Each amendment to a mandatory element, however, may include more than one change to that element. The three General Plan Amendment (GPA) applications listed below propose changes to the Land Use Element, and two of the GPA applications propose changes 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 three applications are now being grouped together to comprise the first amendments in 2007 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 2007 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT GPA No. GPA 02-04 Project Title Robertson Ranch Master Plan Date Approved "In Concept" November 14, 2006 (Resolution No. 2006-324) General Plan Element(s) to be Amended Land Use and Open Space and Conservation Description Change the General Plan land use designations of the project site: APN: 208-010-36 168-050-47 168-050-54 168-050-56 From: RLM RM OS "floating" E "floating" L RLM RLM RLM To: RLM RM RH OS E L CF RM RMH RH OS E UA OS OS FOR CITY CLERKS USE ONL Y. COUNCIL ACTION:APPROVED & DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2- Amendment to the General Plan Batch 1 of 2007 - GPA 02-04 - Robertson Ranch/GPA 02-12 - Poinsettia Place//GPA 06-01 - Fenton Carlsbad Research Center GENERAL PLAN AMENDMENTS TO THE LAND USE ELEMENT TABLE A, CONTINUED THAT CONSTITUTE THE FIRST AMENDMENTS IN 2007 AND OPEN SPACE AND CONSERVATION ELEMENT GPA No. GPA 04-12 GPA 06-01 Project Title Poinsettia Place Fenton Carlsbad Research Center Date Approved "In Concept" December 19,2006 (Resolution No. 2006-370) November 21 , 2006 (Resolution No. 2006-342) General Plan Element(s) to be Amended Land Use and Open Space and Conservation Land Use Description Change the General Plan land use designations of the project site: APN: 215-020-23 From: RLM RM To: RMH RH OS Change the General Plan land use designation of the project site: APN: 212-021-01 From: PI To: O FISCAL IMPACT: TABLE B FISCAL IMPACT OF THE FIRST AMENDMENTS IN 2007 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project GPA 02-04 Robertson Ranch Master Plan GPA 04-1 2 Poinsettia Place GPA 06-01 Fenton Carlsbad Research Center Fiscal Impact All required improvements needed to serve this project will be funded by the developer. The Facility Financing Section of the Zone 14 LFMP lists the financing techniques used to guarantee the public facilities needed to serve development within Zone 14. A report entitled "Fiscal Impact Analysis of Master Plan", dated October 12, 2005, evaluates the revenue generated by the project and the costs of providing services to it. The report was previously distributed and copies are on file in the Planning Department, both libraries, and at the Office of the City Clerk. All public infrastructures required for this project will be funded and/or constructed by the developer. All public infrastructures required for this project will be funded and/or constructed by the developer. ENVIRONMENTAL IMPACT: TABLE C ENVIRONMENTAL STATUS OF THE FIRST AMENDMENTS IN 2007 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project Environmental Status First Amendments in 2007 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 are therefore subject to CEQA. The environmental analysis of the three projects that comprise the first amendments in 2007 to the Land Use Element and Open Space and Conservation Element has been previously conducted, and reviewed and certified by the City Council in accordance with CEQA (described below). No additional environmental analysis is necessary. Page 3- Amendment to the General Plan Batch 1 of 2007 - GPA 02-04 - Robertson Ranch/GPA 02-12 - Poinsettia Place//GPA 06-01 - Fen ton Carlsbad Research Center TABLE C, CONTINUED ENVIRONMENTAL STATUS OF THE FIRST AMENDMENTS IN 2007 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project Environmental Status GPA 02-04 is part of a project that consists of a Master Plan that applies to 398 total acres and establishes provisions for the development of a maximum of 1,383 residential dwelling units of various product types and lot sizes, a 13 acre (net) village commercial center with a community facilities component, an RV storage area, a 13.5 acre (net) public park, over 140 acres of open space preserve, and additional community recreation open space. A Program Environmental Impact Report (EIR) was prepared for the Robertson Ranch Master Plan in accordance with the California Environmental Quality Act (CEQA). The Program EIR addresses the environmental impacts associated with all discretionary applications for the proposed project, including GPA 02-04. The Robertson Ranch Program EIR analyzed the following areas of potential environmental impact: GPA 02-04 Robertson Ranch Master Plan Land Use Traffic/Circulation Air Quality Noise Biological Resources Cultural Resources Geology/Soils Paleontological Resources Agricultural Resources Hazardous Materials and Hazards Grading and Aesthetics Hydrology/Water Quality Population/Housing Public Services and Utilities The analysis contained in the EIR concluded that all significant impacts would be mitigated to below a level of significance with the exception of significant direct and cumulative impacts to Traffic/Circulation and Air Quality (Long-Term Mobile Emissions). On November 14, 2006, in accordance with CEQA, the City Council certified the Robertson Ranch Master Plan Program EIR, and adopted a Mitigation Monitoring and Reporting Program, and candidate findings of fact and a statement of Overriding Considerations for impacts to Traffic/Circulation and Air Quality (Long-Term Mobile Emissions). GPA 04-12 Poinsettia Place GPA 04-12 is part of a project that consists of a subdivision and construction of 60 townhomes and 30 stacked condominiums on 20.4 gross acres. The project involves an amendment to the land use designations (GPA 04-12 and LCPA 04-08), and the zoning designations (ZC 04-08 and LCPA 04-08). Pursuant to the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance (Title 19) of the Carlsbad Municipal Code, an environmental impact assessment was conducted to determine if the project (including GPA 04-12) could have any potentially significant impact on the environment. The environmental impact assessment identified potentially significant impacts to biological resources and noise. Mitigation measures have been incorporated into the design of the project or have been placed as conditions of approval for the project such that all potentially significant impacts have been mitigated to below a level of significance. The City Council adopted the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program on December 19, 2006. GPA 06-01 Fenton Carlsbad Research Center The proposed GPA is part of a project that consists of a change to the land use designation and zoning on the on project site from "planned industrial" to "office". An environmental review for the project, including GPA 06-01, was processed in accordance with CEQA. No potentially significant impacts on the environment were identified. A Negative Declaration was adopted by the City Council on November 21, 2006. 3 Page 4- Amendment to the General Plan Batch 1 of 2007 - GPA 02-04 - Robertson Ranch/GPA 02-12 • Poinsettia Place//GPA 06-01 - Fenton Carlsbad Research Center EXHIBITS: 1. City Council Resolution No. 2007-003 DEPARTMENT CONTACT: Jennifer Jesser, Associate Planner, (760) 602-4637, iiess@ci.carlsbad.ca.us 1 RESOLUTION NO. 2007-003 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST 3 AMENDMENTS IN 2007 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE 4 GENERAL PLAN CONSISTING OF THREE PROJECTS COMMONLY KNOWN AS ROBERTSON RANCH MASTER PLAN 5 (GPA 02-04), POINSETTIA PLACE (GPA 04-12) AND FENTON CARLSBAD RESEARCH CENTER (GPA 06-01). 6 CASE NAME: FIRST AMENDMENTS IN 2007 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 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 mandatory elements of the General Plan; and14 WHEREAS, pursuant to Government Code Section 65358, and the provisions of the Carlsbad Municipal Code, the Planning Commission did, on September 20, 2006 (GPA 02-16 04), November 15, 2006 (GPA 04-12), and October 4, 2006 (GPA 06-01), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan;lo 19 WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 6107, 6188, and 6165 recommending approval in concept of the proposed 22 changes to the General Plan; and 23 WHEREAS, the City Council did, on November 14, 2006 (GPA 02-04), 24 December 19, 2006 (GPA 04-12), and November 21, 2006 (GPA 06-01), hold duly noticed 25 public hearings to consider the Planning Commission's recommendations and to hear all persons interested in the proposed amendments to the General Plan and the related 27 environmental reviews; and 28 1 WHEREAS, the City Council adopted City Council Resolutions No. 2006-324 2 (GPA 02-04), 2006-370 (GPA 04-12), and 2006-342 (GPA 06-01) approving in concept the 3 proposed changes to the General Plan; and 4 WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the 5 changes to the Land Use Element and the Open Space and Conservation Element of the 6 General Plan as proposed by GPA 02-04, GPA 04-12, and GPA 06-01 into a single amendment 7 for each element constituting the first Land Use Element Amendment of 2007 and the first Open 8 Space and Conservation Element Amendment of 2007; 9 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad, 10 California, does hereby resolve as follows: 1. That the above recitations are true and correct. 12 2. That the findings of the City Council set forth in City Council Resolutions No. 13 2006-324, 2006-370, and 2006-342 (on file in the City Clerk's office) are made a part hereof by reference. 14 3. That the first amendments to the Land Use Element and Open Space and 15 Conservation Element of the General Plan during calendar year 2007 are approved as shown on the attached exhibits consisting of: a) 1 page titled "GPA 02-04 ROBERTSON RANCH" 16 (dated September 20, 2006), b) 1 page titled "GPA 04-12 POINSETTIA PLANCE" (dated November 15, 2006), and c) 1 page titled "GPA 06-01 FENTON CARLSBAD RESEARCH 17 CENTER" (dated October 4, 2006). 18 EFFECTIVE DATE: The amendments to the Land Use Element and the Open 19 Space and Conservation Element shall become effective thirty (30) days following the adoption 20 of this resolution. 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10A V/ 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City of the City of Carlsbad on the 9th day of January, 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard, Sigafoose NOES: None ABSENT: None .— A/1 A / // IVI/A//J/ iff J/ < ( yjvyw<^ <t//*'(n///frM CLAUDE AtwiSJIvlSyof ATTEST: /- — -v. \lfytd}&\ c (b&tam >Ul t^RRAJNEM. WOOD, City Clerk ** (SEAL) .^""<i>,. /$£&$*\s?oy\«Rs* tety't- •- O "^ir'^iJ'^Sw^^'ii "^ tn=>'^SEg/§l^^BiR^x<v x "+"* \? Council £\tJilk?l v /\y GPA 02-04 ROBERTSON RANCH Date: 09/20/06 PROPOSED Re/ated Case File A/ofs); E/R 03-03/MP 02-03/LFMP 14(B) /HMP 06-04 G.P. Map Designation Change Property A. 208-010-36 B. 168-050-47 C. 168-050-54 D, 168-050-56 From: RLM, RM, OS, L&E RLM RLM RLM To: RLM, RM, RH, L.CF.OS, E RM, RMH, RH, OS, E, DA OS OS G PA 04-12 POINSETTIA PLACE November 15. 2006 EXISTING u u CASSIA RD I RH -C OS OS PROPOSED Related Case F/7e No(s): ZC 04-08/LCPA 04-08/CT 04-10/ CP 05-05/HDP 04-05/SDP 04-07/CDP 04-23/HMPP 06-08 G.P. Map Desig Property A. 215-020-23-00 B. C. D. From: RLM/RM nation Change To: RMH/RH/OS Exhibit GPA 06-01 Fenton Carlsbad Research Center October 4, 2006 EXISTING PROPOSED Related Case File No(s): ZC 06-01 / SDP 06-03 G.P. Map Designation Change Property A. 212-021-01-00 B. C. D. From: PI To: O