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HomeMy WebLinkAbout2008-12-16; City Council; 19672; Amendment to General Plan Batch 3 of 2008\%/Fsff£/ /adf AB# MTG. DEPT. 19,672 12/16/08 PLN AMENDMENT TO THE GENERAL PLAN BATCH 3 OF 2008 GPA 06-08 (Adams Street Subdivision)/GPA 08-01 (Robertson Ranch PA 14) DEPT. HEAD M/l^' CITY ATTY. <$££ CITY MGR. (V RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2008-333 APPROVING the third amendments in 2008 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of two projects commonly known as "Adams Street Subdivision" (GPA 06-08), and "Robertson Ranch PA 14" (GPA 08-01). 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 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 2008 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. GENERAL PLAN AMENDMENTS TO THE LAND USE ELEMENT TABLE A THAT CONSTITUTE THE THIRD AMENDMENTS IN 2008 AND OPEN SPACE AND CONSERVATION ELEMENT GPA No. GPA 06-08 GPA 08-01 Project Title Adams Street Subdivision Robertson Ranch PA 14 Date Approved "In Concept" November 18, 2008 (Resolution No. 2008-305) December 2, 2008 (Resolution No. 2008-320) General Plan Element(s) to be Amended Land Use and Open Space and Conservation Land Use Description Change the General land use designations of the APN: 206-200-01 From: RLM 3lan project site: To: RLM/OS Change the General Plan land use designations of the project site: APN: 168-360-04 From: E To: RM DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kpoin@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 FISCAL IMPACT: TABLE B FISCAL IMPACT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 AMENDMENTS IN 2008 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project Fiscal Impact GPA 06-08 Adams Street Subdivision GPA 06-08 is part of a project that consists of a two-lot minor subdivision and construction of two single- family residences on property generally located on the south side of Adams street along the north shore of Agua Hedionda Lagoon between Highland Drive and Park Drive. 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 08-01 Robertson Ranch PA 14 GPA 08-01 is part of a project that consists of the development of 16 residential dwelling units on property generally located northwest of the intersection of Wind Trail Way and future Glen Avenue. The property is identified as Planning Area 14 and is located within the East Village of the Robertson Ranch Master Plan. 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. ENVIRONMENTAL IMPACT: TABLE C ENVIRONMENTAL STATUS OF THE THIRD AMENDMENTS IN 2008 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT Project Environmental Status Third Amendment to the General Plan in 2008 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 2008 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 06-08 Adams Street Subdivision GPA 06-08 is part of a project that consists of a two-lot minor subdivision and construction of two single- family residences on property generally located on the south side of Adams street along the north shore of Agua Hedionda Lagoon between Highland Drive and Park Drive. Environmental review for the project, including GPA 06-08, was processed in accordance with CEQA. Potentially significant impacts were identified to both biological and cultural resources, as well as exposure of people or structures to wild land fire. 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 November 18, 2008. GPA 08-01 Robertson Ranch PA 14 GPA 08-01 is part of a project that consists of the development of 16 residential dwelling units on property generally located northwest of the intersection of Wind Trail Way and future Glen Avenue. The property is identified as Planning Area 14 and is located within the East Village of the Robertson Ranch Master Plan. Environmental review for the project, including GPA 08-01, was processed in accordance with CEQA. No potentially significant impacts would result with implementation of the project that were not previously examined and evaluated in the Final Program Environmental Impact Report for the Robertson Ranch Master Plan (EIR 03-03), certified by the City Council on November 14, 2006, and dated April 2006, BRG Consulting Inc. At the certification hearing, the City Council adopted the CEQA Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program. The EIR 03-03 "Findings of Fact and Statement of Overriding Considerations" applies to all subsequent projects covered by the Robertson Ranch Master Plan Final Program EIR. All mitigation measures contained in the adopted Mitigation Monitoring and Reporting Program from EIR 03-03 applicable to the proposed project have been completed, incorporated into the project design, or are required as conditions of approval for the project or for the previously approved East Village Master Tentative Map (CT 02-16). All mitigation required for the grading plan and the Final Map for CT 02-16 to permit grading for the project area have been applied. On December 2, 2008 City Council adopted Resolution 2008-320 determining that the project is within the scope of the Final Program EIR 03-03 and that no further CEQA compliance is required. EXHIBITS: 1. City Council Resolution No. 2008-333 EXHIBIT 1 1 RESOLUTION NO. 2008-333 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE THIRD 3 AMENDMENTS IN 2008 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE 4 GENERAL PLAN CONSISTING OF TWO PROJECTS COMMONLY KNOWN AS "ADAMS STREET SUBDIVISION" 5 (GPA 06-08), AND "ROBERTSON RANCH PA 14" (GPA 08-01). APPLICANT: CITY OF CARLSBAD 6 CASE NAME: THIRD AMENDMENTS IN 2008 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 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 October 1, 2008 (GPA 06-08),16 and on October 15, 2008 (GPA 08-01), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan; and18 WHEREAS, the Planning Commission adopted Planning Commission 20 Resolutions No. 6475 and 6489 recommending approval in concept of the proposed changes to ~. the General Plan; and 22 WHEREAS, the City Council did, on November 18, 2008 (GPA 06-08) and 23 December 2, 2008 (GPA 08-01), hold duly noticed public hearings to consider the Planning 24 Commission's recommendations and to hear all persons interested in the proposed 25 amendments to the General Plan and the related environmental reviews; and 26 WHEREAS, the City Council adopted City Council Resolutions No. 2008-305 27 (GPA 06-08) on November 18, 2008, and 2008-320 (GPA 08-01) on December 2, 2008, 2g approving in concept the proposed changes to the General Plan; and 1 WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the 2 changes to the Land Use Element and the Open Space and Conservation Element of the 3 General Plan as proposed by GPA 06-08 and GPA 08-01 into a single amendment for each 4 element constituting the third Land Use Element Amendment of 2008 and the third Open Space 5 and Conservation Element Amendment of 2008. 6 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad, 7 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. 2008-305 and 2008-320 (on file in the City Clerk's office) are made a part hereof by reference. 3. That the third amendments to the Land Use Element and Open Space and Conservation Element of the General Plan during calendar year 2008 are approved as shown 12 on the attached exhibits consisting of: a) 1 page titled "Exhibit 'GPA 06-08'" (dated, October 1, 2008), and b) 1 page titled "GPA 08-01 Robertson Ranch PA 14" (dated October 15, 2008). 13 EFFECTIVE DATE: The amendments to the Land Use Element and the Open 14 Space and Conservation Element shall become effective thirty (30) days following the adoption 15 of this resolution. 16 17 18 19 20 21 22 23 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, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of December, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn. NOES: None. ABSENT: None. , Mayor ATTEST: UORRAI SEAL) M. W(6Qt>, City Cler 4$^.* ovw-KxVc. GPA 06-08 Exhibit "GPA 06-08" October 1, 2008 Adams Street Subdivision OS EXISTING PROPOSED Related Case File No(s): ZC 06-07/ LCPA 06-08/ PUD 05-19/ HDP 05-121 V 07-031 HMP 07-04/MS 05-29 General Plan Land Use Designation Chanc Property A. |206-200-01 From: RLM es To: RLM/OS ^ ' -*"% L ,« GPA 08-01 Robertson Ranch PA 14 10/15/08 EXISTING PROPOSED Related Case File No(s): GPA 08-01/MP 02-03(A)/CT 07-03/PUD 07-02 General Plan Map Designation Changes Property A. B. C. D. E. F. G. 168-360-04 From: E To: RM