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HomeMy WebLinkAbout2007-12-11; City Council; 19248; Amendment to General Plan Batch 3 of 2007 GPA 04-20 Kelly/JRM Office Building, GPA 05-04 Beachfront Village Vision PlanCITY OF CARLSBAD - AGENDA BILL AB# 19.248 MTG. 12/H/07 DEPT. PLN AMENDMENT TO THE GENERAL PLAN BATCH 3 OF 2007 GPA 04-20 (Kelly/JRM Office Building)/GPA 05-04 (Ponto Beachfront Village Vision Plan) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: That the City Council ADOPT Resolution No.2007-311 APPROVING the third amendment in 2007 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of two projects commonly known as "Kelly/JRM Office Building" (GPA 04-20), and "Ponto Beachfront Village Vision Plan" (GPA 05-04). 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 (GPA) applications listed below propose changes to the Land Use Element, and one GPA application proposes a change 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 third 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 THIRD AMENDMENT IN 2007 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT GPA No. GPA 04-20 GPA 05-04 Project Title Kelly/JRM Office Building Ponto Beachfront Village Vision Plan Date Approved "In Concept" September 18, 2007 (Resolution No. 2007-199) December 4, 2007 (Resolution No. 2007-280) 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: 212-040-64 From: I To: PI/OS/UA | PI/OS Add a reference to and description of the "Ponto Beachfront Village Area" to Section II. D (Special Planning Considerations) of the General Plan Land Use Element DEPARTMENT CONTACT: Jennifer Jesser 760-602-4637 iiess@.ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED % D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 FISCAL IMPACT: TABLE B FISCAL IMPACT OF THE THIRD AMENDMENT IN 2007 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project Fiscal Impact GPA 04-20 Kelly/JRM Office Building GPA 04-20 is part of a project that consists of a two lot minor subdivision and construction of an office building located on the southeast corner of Palomar Airport Road and Aviara Parkway. All public infrastructure required for this project will be funded and or/constructed by the developer. No fiscal impacts to the City have been identified. GPA 05-04 Ponto Beachfront Village Vision Plan GPA 05-04 is part of a project that consists of adding a description and reference to the Ponto Beachfront Village Vision Plan, which will allow future proposals for development to use the guidelines contained in the Plan and permit the city to review future developments for conformance with the Plan. Adoption of the Ponto Beachfront Village Vision Plan will not directly incur any costs to be borne by the City or by private property owners since the Plan does not include action on any specific development proposal. ENVIRONMENTAL IMPACT: TO TABLE C ENVIRONMENTAL STATUS OF THE THIRD AMENDMENT IN 2007 THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project Environmental Status Third Amendment to the General Plan in 2007 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 analyses of the two projects that comprise the third amendments in 2007 to the Land Use Element and Open Space and Conservation Element have been previously conducted, and reviewed and certified by the City Council in accordance with CEQA (described below). No additional environmental analysis is necessary. GPA 04-20 Kelly/JRM Office Building GPA 04-20 is part of a project that consists of a two lot minor subdivision and construction of an office building located on the southeast corner of Palomar Airport Road and Aviara Parkway. An environmental review for the project, including GPA 04-20, was processed in accordance with CEQA. Potentially significant biological impacts were identified. The developer has agreed to mitigation measures to reduce the identified impacts to below a level of significance in accordance with CEQA. A Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were adopted by the City Council on September 18, 2007. GPA 05-04 Ponto Beachfront Village Vision Plan GPA 05-04 is part of a project that consists of adding a description and reference to the Ponto Beachfront Village Vision Plan, which will allow future proposals for development to use the guidelines contained in the Plan and permit the city to review future developments for conformance with the Plan. A Program Environmental Impact Report (EIR) was prepared for the Ponto Beachfront Village Vision Plan in accordance with the California Environmental Quality Act (CEQA). The Program EIR concluded that the project will result in: a. Unavoidable significant impacts to cumulative Air Quality and from Short-Term Construction Noise impacts. There are no feasible mitigation measures that could be implemented on a project-by- project basis that would reduce these impacts to below a level of significance. Therefore, no measures are available to the project that could feasibly avoid or substantially lessen this effect. b. Significant impacts that can be mitigated to a less than significant impact level to Biological Resources, Cultural Resources, from Hazards and Hazardous Materials, to Noise, and Traffic and Circulation; and c. Less than significant impacts to Visual Aesthetics and Grading, Agricultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, and Public Utilities and Service Systems. On December 4, 2007, in accordance with CEQA, the City Council certified the Ponto Beachfront Village Vision Plan Program EIR, and adopted Candidate Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. EXHIBITS: 1. City Council Resolution No.2007-311 1 RESOLUTION NO. 2°°7'311 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE THIRD 3 AMENDMENT IN 2007 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE 4 GENERAL PLAN CONSISTING OF TWO PROJECTS COMMONLY KNOWN AS "KELLY/JRM OFFICE BUILDING" (GPA 5 04-20), AND "PONTO BEACHFRONT VILLAGE VISION PLAN" (GPA 05-04). 6 APPLICANT: CITY OF CARLSBAD CASE NAME: THIRD AMENDMENTS IN 2007 TO THE LAND 7 USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL 8 PLAN. 9 WHEREAS, pursuant to Government Code Section 65358(b), no mandatory 10 element of the General Plan shall be amended more frequently than four times during any 11 calendar year, and any one of those four amendments may include more than one change to 12 the General Plan; and 13 WHEREAS, the Land Use Element and Open Space and Conservation Element are mandatory elements of the General Plan; and WHEREAS, pursuant to Government Code Section 65358, and the provisions of 16 the Carlsbad Municipal Code, the Planning Commission did, on May 16, 2007 (GPA 04-20), and 17 on May 4, 2005, September 5, 2007, and September 19, 2007 (GPA 05-04), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan; 19 and 90 WHEREAS, the Planning Commission adopted Planning Commission 91 Resolutions No. 6297 and 6339 recommending approval in concept of the proposed changes to 22 the General Plan; and 23 WHEREAS, the City Council did, on September 18, 2007 (GPA 04-20) and 74 November 13, 2007 (GPA 05-04), hold duly noticed public hearings to consider the Planning 25 Commission's recommendations and to hear all persons interested in the proposed amendments to the General Plan and the related environmental reviews; and 27 28 1 WHEREAS, the City Council adopted City Council Resolutions No. 2007-199 2 (GPA 04-20) on September 18, 2007, and 2007-280 (GPA 05-04) on December 4, 2007, 3 approving in concept the 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 04-20 and GPA 05-04 into a single amendment for each 7 element constituting the third Land Use Element Amendment of 2007 and the third Open Space 8 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 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. 12 2007-199 and 2007-280 (on file in the City Clerk's office) are made a part hereof by reference. 14 3. That the third amendments to the Land Use Element and Open Space and Conservation Element of the General Plan during calendar year 2007 are approved as shown 15 on the attached exhibits consisting of: a) 1 page titled "GPA 04-20 KELLY/JRM OFFICE BUILDING" (dated May 16, 2007), and b) 1 page titled "EXHIBIT GPA 05-04" (dated 16 September 5, 2007 and September 19, 2007). 17 EFFECTIVE DATE: The amendments to the Land Use Element and the Open 18 Space and Conservation Element shall become effective thirty (30) days following the adoption 19 of this resolution. 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 -2- 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, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11 th day of December, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None CLAUDE A LEWIS, Mayor ATTEST: , , City Clerk GPA 04-20 KELLY/JRM OFFICE BUILDING 5/16/2007 EXISTING PROPOSED Related Case File No(s): ZC 04-15/LCPA 06-05/SDP 03-01 /CDP 03-03/PIP 03-01 G.P. Map Desig Property A. 2 12-040-64-00 B. C. D. From: PI/OS/UA nation Change To: PI/OS EXHIBIT GPA 05-04 September 5,2007 September 19, 2007 The Land Use Element of the General Plan presently references areas of the City for "Special Planning Considerations" (Section D, Page 21 of the Land Use Element). This section presently includes areas of the city such as the Downtown Village area, the McClellan-Palomar Airport area, the Buena Vista Watershed and the Barrio area. Staff is recommending that the Ponto Beachfront Village Area be added to this section of the Land Use Element to read as follows: "9 - Ponto Beachfront Village Area The Ponto Beachfront Village Area consists of approximately 50 acres of land located between Carlsbad Boulevard and the San Diego Northern Railroad, north of Batiquitos Lagoon and south of Ponto Road. It is part of a larger land use and circulation study area containing 130 acres extending from the southern city limits on Carlsbad Boulevard to Poinsettia Lane. The northern portion of the area is also located within the boundaries of the city's South Carlsbad Coastal Redevelopment Plan. Presently, the area contains older homes and businesses which have a strong potential for redevelopment and several important underutilized or vacant properties. Recognizing the potential for new development in this area and its important location at the southern gateway to the city, a Vision Plan has been prepared for this area. The Plan includes a Vision Statement, desirable land uses, a proposed vehicular and pedestrian circulation system and design guidelines to direct future development in the area. The intent of the Vision Plan is to create a mixed use, active pedestrian and bicycle oriented area with a strong sense of place, village atmosphere and unique character of design. Future proposals for new development within this area of special planning consideration shall be guided by the Vision Plan and all future development permits (site development plan, coastal development permit, etc.) shall be reviewed by the city for conformance with the Ponto Beachfront Village Vision Plan."