HomeMy WebLinkAbout2017-08-22; City Council; ; Amend the Growth Management performance standard for parks, pursuant to the General Plan lawsuit Settlement Agreement, dated March 14, 2017#12
CAReview ~
~ CITY COUNC I L
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Project Name:
Project No.:
August 22, 2017
Mayor and City Council
Kevin Crawford, City Manager
Corey Funk, Associate Planner
corey.funk@carlsbadca.gov or 760-434-4645
Amend the Growth Management performance standard for parks,
pursuant to the General Plan lawsuit Settlement Agreement, dated March
14, 2017.
GMP PARKS PERFORMANCE STANDARD AMENDMENT
GPA 2017-0002/0AJ 17-0004 (PUB17Y-0011)
Recommended Action
That the City Council hold a public hearing and adopt a Resolution approving amendments to the
General Plan Open Space, Conservation, and Recreation Element (GPA 2017-0002) and the
Citywide Facilities and Improvement Plan (OAJ 17-0004) to amend the Growth Management
performance standard for parks, pursuant to the General Plan lawsuit Settlement Agreement,
dated March 14, 2017.
Executive Summary
The City of Carlsbad has prepared amendments to the General Plan and the Citywide Facilities
and Improvement Plan to amend the Growth Management (GMP) performance standard for
parks, pursuant to the General Plan lawsuit Settlement Agreement, dated March 14, 2017
between the City of Carlsbad and North County Advocates. The lawsuit challenged the city's
September 2015 certification of the General Plan Environmental Impact Report and approval of
the General Plan update and Climate Action Plan. This amendment completes one of the
conditions included in the Settlement Agreement.
On June 7, 2017, the Planning Commission held a public hearing and voted 7-0 to recommend
approval of the amendment to the City Council. On July 17, 2017, staff presented this
amendment to the Parks & Recreation Commission as an information item. There was no public
testimony on the matter at either of these public meetings.
Discussion
The parks performance standard is identified in the Citywide Facilities and Improvements Plan
and the General Plan Open Space, Conservation, and Recreation Element, and the proposed
amendments revises each of these documents. The Citywide Facilities and Improvements Plan
(a component of the city's Growth Management Program) identifies performance standards for
11 public facilities, including parks; the purpose of these standards is to ensure that adequate
public facilities are provided concurrent with city growth.
Page 347
The performance standard for parks is one of the tools that the city uses to implement the
community core value of access to recreation and active, healthy lifestyles. The performance
standard requires that the city maintain a minimum service level of three acres of park land for
every 1,000 residents within each "park district" (i.e., city quadrant). If the service level is not
met due to population increase within a given quadrant, the performance standard requires the
city to schedule a park for construction within five years, or before the construction of 1,562
dwelling units. According to City Council Resolution No. 97-435, "scheduled for construction"
means that the improvements have been designed, a park site has been selected, and a financing
plan for construction of the facility has been approved.
The Settlement Agreement requires the city to prepare an amendment of the Growth
Management parks performance standard for the City Council's consideration as follows: to
remove the 1,562 dwelling unit requirement and provide that the five-year timing requirement
for park construction shall commence on the date the City Council approves the GMP parks
performance standard amendment. This was included in the Settlement Agreement due to
concerns about linking the timing of scheduling the construction of a new park to the
construction of 1,562 dwelling units, as the General Plan anticipates future residential capacity
in certain quadrants of the city to be less than 1,562 dwelling units.
It has been 30 years since the parks performance standard was established and the residential
growth assumptions that resulted in the 1,562 dwelling unit requirement. Now, in 2017, limited
land remains for future residential development. The table below shows the. estimated future
residential development in each quadrant (the "unbuilt planned dwellings"), which demonstrates
that in the southwest and southeast quadrants the number of planned future dwellings is less
than the 1,562 dwelling unit threshold of the parks performance standard.
RESJl)fNTIAI. DWElUI\IG STATUS PER QUADRANT-AS OF MA~CH 31; 2017 .·
. . · .· .· . . ...
Northwest Northeast Southwest Southeast
Quadrant Quadrant Quadrant Quadrant
Existing Dwellings 12,370 6,202 10,141 16,352
Unbuilt Planned Dwelling:$1 . 2,867 2,738 1~504 ... 590 ..
Total Existing and Unbuilt 15,237 8,940 11,645 16,942 Planned Dwellings
Proposition E Quadrant Dwelling 15,370 9,042 12,859 17,328 Limit
1 Includes unbuilt approved projects, as well as vacant and underdeveloped property designated for residential use by the
General Plan (calculations based on Growth Management Control Point Density)
The 1,562 dwelling unit threshold continues to serve its original intent -to postpone the
construction of park land until sufficient demand accumulates to warrant it. However, it also
now has the potential to prevent the construction of needed park land. For example, as stated
in Attachment 3 of the Planning Commission Staff Report (Exhibit 3), a deficit of park acreage has
Page 348
been identified for the southwest and southeast quadrants. In the southeast quadrant it is not
feasible to construct 1,562 dwellings to trigger the requirement to construct the park acres
needed to meet the standard for that quadrant. To prevent this potential scenario, the
Settlement Agreement described above requires that the 1,562 dwelling unit limit be removed
from the park performance standard.
According to the terms of the Settlement Agreement, the requirement to schedule a park for
construction within five years of identifying the need for more park land will remain a part of the
performance standard. However, as stated in the Settlement Agreement, the five-year timing
requirement will not commence until the date this amendment is adopted by the City Council.
This is specifically relevant to the southwest and southeast quadrants. As stated in Attachment
3 of the Planning Commission Staff Report (Exhibit 3), a need for more park acreage in those two
quadrants was identified four years ago (during FY 2012-13}. This proposed amendment will re-
set the five year period in which to schedule a park for construction in those two quadrants. This
is important because, with the removal of the 1,562 dwelling unit threshold, there would only be
one year remaining to schedule a park for construction in the southwest and southeast
quadrants. The proposed amendment will provide sufficient time to schedule a park for
construction and satisfy the park standard.
Additional discussion and analysis of the amendments is provided in the Planning Commission
Staff Report (Exhibit 3}.
Fiscal Analysis
There is no anticipated fiscal impact directly associated with approval of the proposed
amendments. Future anticipated park development will be planned, funded and scheduled
through the city's capital improvement program.
Next Steps
City Council's action on this item is final.
Environmental Evaluation (CEQA}
The City Planner has determined that the project is exempt from the provisions of CEQA,
pursuant to CEQA Guidelines Section 15061(8}(3} (General Rule} and City of Carlsbad Municipal
Code Section 19.04.070(A}(l}(c}, in that minor municipal code and other similar amendments
that refine or clarify existing land use standards are considered not to have a significant effect on
the environment.
The proposed amendments are exempt from environmental review pursuant to CEQA, which
exempts projects "where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment." The changes proposed by this
project are a minor modification to the parks performance standard of the Growth Management
Plan and do not substantially change the effectiveness of the standard. A Notice of Exemption
will be filed.
Page 349
Public Notification
This amendment has been posted online since June 1, 2017. Information regarding public
notifications ofthis item such as mailings, public hearing notices posted in the newspaper and on
the city website are available in the Office of the City Clerk.
Exhibits
1. City Council Resolution
2. Planning Commission Resolution No. 7250
3. Planning Commission Staff Report dated June 7, 2017
4. Planning Commission Minutes dated June 7, 2017
Page 350
RESOLUTION NO. 2017-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AMENDMENTS TO THE GENERAL PLAN OPEN
SPACE, CONSERVATION, AND RECREATION ELEMENT AND THE CITYWIDE
FACILITIES AND IMPROVEMENT PLAN TO AMEND THE GROWTH
MANAGEMENT PERFORMANCE STANDARD FOR PARKS, PURSUANT TO THE
GENERAL PLAN LAWSUIT SETTLEMENT AGREEMENT, DATED MARCH 14,
2017.
CASE NAME:
CASE NO.:
GMP PARKS PERFORMANCE STANDARD AMENDMENT
GPA 2017-0002/OAJ 17-0004 (PUB17Y-0011)
EXHIBIT 1
WHEREAS, the City Council of the City of Carlsbad, California has determined that pursuant to
the provisions ofthe Municipal Code, the Planning Commission did, on June 7, 2017, hold a duly noticed
public hearing as prescribed by law to consider a General Plan Amendment (GPA 2017-0002) and
Citywide Facilities and Improvement Plan Amendment (OAJ 17-0004), as referenced in Planning
Commission Resolution No. 7250; and the Planning Commission adopted Planning Commission
Resolution No. 7250 recommending to the City Council that it be approved; and
WHEREAS, the Parks & Recreation Commission held a duly noticed public meeting on July 17,
2017 to consider said General Plan Amendment and Citywide Facilities and Improvement Plan
Amendment as an information item; and
WHEREAS, the City Council of the City of Carlsbad, held a duly noticed public hearing on August
22, 2017 to consider said General Plan Amendment and Citywide Facilities and Improvement Plan
Amendment; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the General
Plan Amendment and Citywide Facilities and Improvement Plan Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the recommendation of the Planning Commission for the approval of General Plan
Amendment (GPA 2017-0002) and Citywide Facilities and Improvement Plan
Amendment (OAJ 17-0004), is approved, and that the findings of the Planning
EXHIBIT 1
Commission contained in Planning Commission Resolution No. 7250 on file with the City
Clerk and incorporated herein by reference, are the findings of the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 22nd day of August, 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
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EXHIBIT 2
PLANNING COMMISSION RESOLUTION NO. 7250
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS
TO THE GENERAL PLAN OPEN SPACE, CONSERVATION, AND RECREATION
ELEMENT AND THE CITYWIDE FACILITIES AND IMPROVEMENT PLAN TO
AMEND THE GROWTH MANAGEMENT PERFORMANCE STANDARD FOR
PARKS, PURSUANT TO THE GENERAL PLAN LAWSUIT SETILEMENT
AGREEMENT, DATED MARCH 14, 2017.
CASE NAME: GMP PARKS PERFORMANCE STANDARD
AMENDMENT
CASE NO: GPA 2017-0002/0AJ 17-0004 (PUB17Y-0011)
WHEREAS, the City Planner has filed a verified application with the City of Carlsbad for a
General Plan Amendment and Citywide Facilities and Improvement Plan Amendment for the purpose of
amending the Parks performance standard of the Growth Management Plan ("project"), which affect
properties citywide; and
WHEREAS, the Growth Management Plan performance standard for Parks is contained in
the General Plan Open Space, Conservation, and Recreation Element, and the Citywide Facilities and
Improvement Plan; and
WHEREAS, the Growth Management Plan performance standard for Parks contains a
minimum service level for park facilities, and if the service level is not met, the standard specifies a timing
requirement and a dwelling unit threshold requirement for providing additional park facilities; and
WHEREAS, on March 14, 2017 a Settlement Agreement between the City of Carlsbad and
North County Advocates was enacted, and section 4.3.1 of the agreement requires that within six months
of the above date the City Council shall consider, and if approved, amend the Growth Management Plan
Parks performance standard to remove the 1,562 dwelling unit limit and to provide that the five-year
timing requirement for scheduling a park for construction shall commence on the date the City Council
approves this amendment; and
WHEREAS, said verified application constitutes a request for a General Plan Amendment
and Citywide Facilities and Improvement Plan Amendment as shown on Exhibit A dated June 7, 2017,
attached hereto and on file in the Carlsbad Planning Division, GPA 2017-0002/0AJ 17-0004 -GMP PARKS
Page 353
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PERFORMANCE STANDARD AMENDMENT, as provided in Government Code Section 65350 et. seq. and
Section 21.52.150 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on June 7, 2017, hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the General Plan Amendment, and Citywide Facilities and Improvements Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A)
B)
That the above recitations are true and correct.
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of GPA 2017-0002/0AJ 17-0004 -GMP PARKS
PERFORMANCE STANDARD AMENDMENT, based on the following findings:
14 Findings:
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The Planning Commission finds that the project is in conformance with the elements of the city's
General Plan, based on the facts set forth in the staff report dated June 7, 2017, including but not
limited to the following: that the proposed amendment does not conflict with the goals and
policies of the General Plan, including policies that require compliance with the Growth
Management Plan.
That the project is necessary to implement section 4.3.1 of the General Plan lawsuit Settlement
Agreement enacted on March 14, 2017 between the City of Carlsbad and North County
Advocates.
That the amendment will not limit the city's ability to provide public facilities concurrent with
city growth as required by the Growth Management Plan, and it helps ensure that parkland is
added to the city inventory in a timely manner if a service level deficit is identified. Therefore,
the proposed amendment is consistent with the Growth Management Plan in that it does not
conflict with the performance standards that ensure public facilities and services keep pace with
development; and it is consistent with a purpose and intent of the plan.
The five-year timing requirement for scheduling a park for construction in the southwest and
southeast quadrants shall commence on the date the City Council approves this amendment.
The project does not conflict with the Citywide Facilities and Improvements Plan and all city
public facility performance standards that are not proposed to be amended (i.e., performance
standards for city administrative facilities, drainage, fire, library, open space, parks, schools,
sewer collection, wastewater treatment capacity and water distribution system).
PC RESO NO. 7250 -2-Page 354
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6. That the City Planner has determined that it can be seen with certainty that there is no possibility
that the project may have a significant effect on the environment in that the project is exempt
from the provisions of CEQA, pursuant to CEQA Guidelines Section 15061{8}(3) (General Rule)
and City of Carlsbad Municipal Code Chapter 19.04.070{A}(l}(c). Minor municipal code and
other similar amendments which refine or clarify existing land use standards are considered not
to have a significant effect on the environment.
PC RESO NO. 7250 -3-Page 355
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of
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the City of Carlsbad, California, held on June 7, 2017, by the following vote, to wit:
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AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts,
4 Montgomery, Rodman and Siekmann
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NOES:
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ABSENT:
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8 ABSTAIN:
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JEFF SEGALL, Chairperson
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ATIEST:
~~
DON NEU
City Planner
PC RESO NO. 7250 -4-Page 356
Exhibit A
June 7, 2017
GPA 2017-0002/0AJ 17-0004 (PUB 17Y-0011) -GMP PARKS PERFORMANCE STANDARD AMENDMENT
1. The Parks section on page 4-9 of the General Plan Open Space, Conservation, and Recreation
Element is amended as follows:
Parks
The Growth Management park facility standard is three acres of community parks or special use areas per
1,000 population within the park district. There are four park districts within Carlsbad, which correspond
to the city's four quadrants. Parks and special use areas must be scheduled for construction within a five-
year period beginning at the time the need is first identified, but beginning no sooner than [INSERT DATE
OF CITY COUNCIL APPROVAL OF GPA 2017-0002/0AJ 17-0004].1 According to City Council Resolution No.
97-435, "scheduled for construction" means that the improvements have been designed, a park site has
been selected, and a financing plan for construction of the facility has been approved.
The city's Growth Management Ordinance (Carlsbad Municipal Code Chapter 21.90) authorizes special
facility fees to pay for improvements or facilities that are related to new industrial development. Since
there is a substantial impact on existing recreation facilities from an increasing industrial employment
base, the city recognized a need to impose and implement a park mitigation fee for industrial
development. In November 1987, the City Council adopted its first park mitigation fee for the Zone 5 Local
Facilities Management Plan. Additionally, a park mitigation fee was required as part of the Zone 13 and
Zone 16 Local Facilities Management Plans. The purpose of this fee is to ensure adequate recreational
facilities to accommodate the demand created by the daily influx of the industrial work force and
population as industrial development grows.
Section 4.5 provides information regarding compliance with the park facility standard.
1 Amended by City Council Resolution No. [INSERT RESOLUTION NUMBER] (GPA 2017-0002/0AJ 17-0004)
1
Page 357
Exhibit A
June 7, 2017
GPA 2017-0002/0AJ 17-0004 (PUB 17V-0011) -GMP PARKS PERFORMANCE STANDARD AMENDMENT
2. Page 14 of the Citywide Facilities and Improvement Plan is amended as follows:
The type of adequacy and phasing analysis that is contained in the Citywide Plan for City Administrative
Facilities, Library and Wastewater Treatment Capacity is Similar to what will be expected for all the
remaining facilities addressed in the Local Facility Management Plans for each zone.
It should be emphasized regarding the maps in this section, that because of their scale they are for
illustrative purposes only. Larger descriptive maps have also been prepared, however, precise locations
of facilities should be determined from Master Facility Plans available in the department or agency
responsible for the facility. Also, because of the detail required, the maps for sewer, water and drainage
only illustrate future planned facilities or improvements.
Performance Standards for City Administrative Facilities and Libraries1
The Performance Standards for City Administrative Facilities and Libraries indicate that improvements
must be "scheduled for construction within a five year period or prior to construction of 6,250 dwelling
units." This section is intended to provide further clarification regarding what these Performance
Standards mean and how they are to be applied.
In developing the Performance Standards contained in this plan, staff projected that an average of 1,250
dwelling units per year would be constructed after 1986. Therefore, for purposes of City Administrative
Facilities and Library the 'five year period" is intended to mean the amount of residential development
equal to 1,250 dwelling units per year for five years, or a total of 6,250 dwelling units. The counting years
or units begins at the point in time that the demand for the facility first exceeds the supply.
The phrase "scheduled for construction" means that the improvements needed to meet the demand have
been designed, that a site has been selected and has been acquired or is being acquired, and that a
financing plan for construction of the facility has been approved by the City Council.
1 This section was included in the Citywide Facilities and Improvements Plan by City Council Resolution No. 97-437
and amended by City Council Resolution No. [INSERT RESOLUTION NUMBER].
2
Page 358
Exhibit A
June 7, 2017
GPA 2017-0002/0AJ 17-0004 (PUB 17Y-0011) -GMP PARKS PERFORMANCE STANDARD AMENDMENT
3. The Parks performance standard section on pages 33 to 36 of the Citywide Facilities and
Improvement Plan is amended as follows:
a. Figure 11 is deleted. Footnote 2 below provides a reference to updated information in the
General Plan.
b. The parks performance standard at the top of page 33 is amended as follows:
PERFORMANCE STANDARD
Three acres of Community Park or Special Use Area per 1,000 population within the Park District must be
scheduled for construction within a five year period beginning at the time the need is first identified. The
five year period shall not commence prior to [INSERT DATE OF CITY COUNCIL APPROVAL OF GPA 2017-
0002/0AJ 17-0004].
c. The remainder of the Parks section (pages 33 to 36} located below the performance standard
is deleted and replaced with the following:
ADDITIONAL INFORMATION
This performance standard was developed to address community park and special use areas together.
Combining the two provides greater flexibility for the city to address the park facility needs of each
quadrant as development occurs.
As stated in the performance standard, the phrase "scheduled for construction" means that the
improvements needed to meet the demand have been designed, that a site has been selected and has
been acquired or is being acquired, and that a financing plan for construction of the facility has been
approved by the City Council.
The performance standard states that "the five year period shall not commence prior to [INSERT DATE OF
CITY COUNCIL APPROVAL OF GPA 2017-0002/0AJ 17-0004];" this provision was added to the standard
pursuant to City Council approval of GPA 2017-0002/0AJ 17-0004 (City Council Resolution No. [INSERT
RESOLUTION NUMBER]), which implemented part of a settlement agreement that settled a lawsuit filed
on the 2015 General Plan update. At the time of this approval, the five year period shall commence for
the southwest and southeast quadrants, which do not have park acreage in excess of the standard.
BUILDOUT FACILITY ADEQUACY ANALYSIS
Based on the Fiscal Year 2015-16 Capital Improvement Program list of projects, Veteran's Memorial Park
(91.5 acres, with 22.9 acres applied to each quadrant) is proposed to be constructed prior to buildout.
Construction of this community park would result in the projected park inventory for all city quadrants
exceeding the projected required acreage at buildout, as shown below:
3
Page 359
Exhibit A
June 7, 2017
GPA 2017-0002/0AJ 17-0004 (PUB 17Y-0011) -GMP PARKS PERFORMANCE STANDARD AMENDMENT
Quadrant Buildout Projected required Current Proposed park Projected
Population1 acreage1 lnventory2 acreage Inventory
NW 37,904 113.7 105.2 22.9 128.1
NE 22,423 67.3 45.3 22.9 68.2
SW 27,795 83.4 70.2 22.9 93.1
SE 41,780 125.3 114.9 22.9 137.8
Total 129,901 389.7 335.6 91.5 427.2
1 Reflects the 2015 General Plan Update
2 For more detailed information about the current park inventory, see Table 4-4 in the General Plan. The location of the current
inventory of parks is included on Figure 4-3 of the General Plan.
The figures above for proposed park acreage do not include park projects listed in the CIP as "unfunded"
or "partially unfunded": Zone 5 Business Park Recreational Facility (NW -9.3 acres); Cannon Lake Park
(NW -6.8 acres); or Robertson Ranch Park (NE -11.2 acres). Should alternative funding mechanisms be
found, and these parks are built, the additional park acreage would further aid in meeting/exceeding the
Growth Management park performance standard.
4
Page 360
EXHIBIT 3
The City of Carlsbad Planning Division
A REPORT TO THE PLANNING COMMISSION
Item No. 8
P.C. AGENDA OF: June 7, 2017
Application complete date: N/A
Project Planner: Corey Funk
Project Engineer: N/ A
SUBJECT: GPA 2017-0002/0AJ 17-0004 (PUB17Y-0011) -GMP PARKS PERFORMANCE STANDARD
AMENDMENT -Request for a recommendation of approval of amendments to the
General Plan Open Space, Conservation, and Recreation Element and the Citywide
Facilities and Improvement Plan to amend the Growth Management performance
standard for parks, pursuant to the General Plan lawsuit Settlement Agreement, dated
March 14, 2017. The City Planner has determined that this project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15061(8)(3) (General Rule) and City of Carlsbad Municipal Code Section
19.04.070(A)(l)(c), in that minor municipal code and other similar amendments that
refine or clarify existing land use standards are considered not to have a significant effect
on the environment.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 7250 RECOMMENDING
APPROVAL of General Plan Amendment GPA 2017-0002 and a Citywide Facilities and Improvement Plan
Amendment OAJ 17-0004, based on the findings contained therein.
II. PROJECT DESCRIPTION AND BACKGROUND
On March 14, 2017 the City of Carlsbad entered into a Settlement Agreement with North County
Advocates to settle a lawsuit that challenged the city's September 2015 certification of the General Plan
Environmental Impact Report and approval of the General Plan update and Climate Action Plan. Section
4.3.1 ofthe Settlement Agreement specifies the following:
4.3.1 -Within six (6) months, the City shall present to the City Council for consideration
and, if approved by the City Council, amend the Growth Management Program ("GMP"}
parks performance standard adopted by the City Council in Resolution No. 97-434 on April
22, 1997, to remove the 1,562 dwelling unit limit and to provide that the five-year timing
requirement for park construction shall commence on the date the City Council approves
the GMP parks performance standard amendment.
The parks performance standard is identified in the Citywide Facilities and Improvements Plan and the
General Plan Open Space, Conservation, and Recreation Element. The proposed amendments revise the
parks performance standard in each of those documents, pursuant to Section 4.3.1 of the Settlement
Agreement.
The Citywide Facilities and Improvements Plan (a component of the city's Growth Management Program)
identifies performance standards for 11 public facilities, including parks; the purpose of these standards
is to ensure that adequate public facilities are provided concurrent with city growth. The existing parks
performance standard is as follows:
Page 361
GPA 2017-0002/0AJ 17-0004 (PUB 17Y-0011)-GMP PARKS PERFORMANCE STANDARD AMENDMENT
June 7, 2017
Pa e 2
3.0 acres of Community Park or Special Use Area per 1,000 population within the Park
District must be scheduled for construction within a five year period, or prior to
construction of 1,562 dwelling units within the Park District beginning at the time the need
is first identified.
Per Section 4.3.1 of the Settlement Agreement, the parks performance standard is proposed to be
amended as follows:
3.0 acres of Community Park or Special Use Area per 1,000 population within the Park
District must be scheduled for construction within a five year period, or 13rior to
cot=1stn1ctiot=1 af l,5a-2 d1A'e/lit=1g (;IRits wit/:JiR t/:Je Perk District beginning at the time the need
is first identified. The five year period shall not commence prior to ljNSERT DA TE OF CITY
COUNCIL APPROVAL OF GPA 2017-0002/ OAJ 17-00041.
Section 4.3.1 was included in the Settlement Agreement due to concerns about linking the timing of
scheduling a park for construction to the construction 1,562 dwelling units, which now has the potential
to prevent the construction of needed park acres (see analysis below).
Ill. ANALYSIS
The following analysis summarizes the existing park performance standard requirements, the purpose
and intent of the standard, and the potential problem related to the 1,562 dwelling unit requirement.
The existing parks performance standard (see above) requires minimum facility service level of three acres
of park land for every 1,000 residents within a "park district" (i.e., city quadrant), and if the population
grows and a deficit of park acreage in a quadrant is identified, a new park must be "scheduled for
construction" within the time frame of five years (timing requirement), or before construction of 1,562
dwelling units (dwelling unit requirement). Currently, the amount of park land in each quadrant complies
with the park performance standard; see Attachment 3 for a park facility adequacy analysis.
The parks performance standard was established in 1986, and the original standard specified the five year
timing requirement, but not the dwelling unit requirement. The purpose of both the timing and dwelling
unit requirements is twofold: they commit the city to schedule a park for construction within a reasonable
timeframe, but they also allow enough time for population to grow so that it becomes financially efficient
to construct a park. As stated in the "Growth Management Plan -10 Year Anniversary Report" (Agenda
Bill #14,129, dated April 8, 1997):
... The original intent [of the five year period] was for the facility [park] to be in operation
when the demand had reached a certain point, based on the amount of development that
has occurred. The parks performance standard, as an example, calls for 3 acres of park
land per 1,000 population. The amount of development that would produce 1,000
population is approximately 432 new homes [based on the estimated persons per
household in 1986]. However, it would not be financially efficient to construct a park in
small increments for each 432 homes that is constructed. Instead, the five year period
allows demand to accumulate to the point that construction of a major phase of the park
is warranted.
Page 362
GPA 2017-0002/0AJ 17-0004 (PUB 17Y-0011)-GMP PARKS PERFORMANCE STANDARD AMENDMENT
June 7, 2017
Pa e 3
In 1986, it was anticipated that residential development after 1986 would average 1,250 dwellings per
year. If those dwellings were spread evenly across the city's four quadrants, 312.5 dwellings per quadrant
per year were anticipated, which, over a five year period, would result in 1,562 dwellings per quadrant.
However, as stated in the Growth Management Plan -10 Year Anniversary Report, the rate of growth
after 1986 was 66% less than what was assumed when the parks standard was written. Therefore, in
1997, the park performance standard was amended to clarify the intent of the five year period by adding
the 1,562 dwelling unit requirement (which allows the demand for park land to accumulate to a point that
construction of a major phase of a park is warranted, which may take longer than five years depending on
the rate of growth).
It has been 30 years since the parks performance standard was established and the residential growth
assumptions that resulted in the 1,562 dwelling unit requirement. Now, in 2017, limited land remains for
future residential development. The table below shows the estimated future residential development in
each quadrant (the "unbuilt planned dwellings"), which demonstrates that in the southwest and
southeast quadrants the number of planned future dwellings is less than the 1,562 dwelling unit threshold
of the parks performance standard.
RESIDENTIAL DWELLING STATUS PER QUA[)RANT-AS OF MARCH 31, 2017
Northwest Northeast Southwest Southeast
Quadrant Quadrant Quadrant Quadrant
Existing Dwellings 12,370 6,202 10,141 16,352
Unbuilt Planned Dwellings1 2,867 .. 2,738 1,504 590
Total Existing and Unbuilt 15,237 8,940 11,645 16,942 Planned Dwellings
Proposition E Quadrant Dwelling 15,370 9,042 12,859 17,328 Limit
1 Includes unbuilt approved. projects, as well as vacant and underdeveloped property designated for residential use by the
General Plan (calculations based on Growth Management Control Point Density)
The 1,562 dwelling unit threshold continues to serve its original intent -to postpone the construction of
park land until sufficient demand accumulates to warrant it. However, it also now has the potential to
prevent the construction of needed park land. For example, as stated in Attachment 3, a deficit of park
acreage has been identified for the southwest and southeast quadrants. In the southeast quadrant it is
not feasible to construct 1,562 dwellings to trigger the requirement to construct the park acres needed
to meet the standard for that quadrant. To prevent this potential scenario, the Settlement Agreement
described above requires that the 1,562 dwelling unit limit be removed from the park performance
standard.
According to the terms of the Settlement Agreement, the requirement to schedule a park for construction
within five years of identifying the need for more park land will remain. However, as stated in the
Settlement Agreement, the five-year timing requirement will not commence until the date this
amendment is adopted by the City Council. This is specifically relevant to the southwest and southeast
quadrants. As stated in Attachment 3, a need for more park acreage in those two quadrants was identified
four years ago (during FY 2012-13). This proposed amendment will re-set the five year period in which to
schedule a park for construction in those two quadrants. This is important because, with the removal of
the 1,562 dwelling unit threshold, there would only be one year remaining to schedule a park for
construction in the southwest and southeast quadrants. The proposed amendment will provide sufficient
time to schedule a park for construction and satisfy the park standard. See Attachment 3 for more
information about future parks planned to meet park facility needs in all quadrants.
Page 363
GPA 2017-0002/0AJ 17-0004 (PUB 17Y-0011)-GMP PARKS PERFORMANCE STANDARD AMENDMENT
June 7, 2017
Pa e 4
With the retention of the requirement to schedule a park for construction within five years of identifying
the need for more park land, the city will retain the ability to provide park facilities concurrent with city
growth as required by the Growth Management Plan, and it helps ensure that parkland is added to the
city inventory in a timely manner if a service level deficit is identified. Therefore, the proposed
amendment is consistent with the Growth Management Plan in that it does not conflict with the
performance standards that ensure public facilities and services keep pace with development; and it is
consistent with a purpose and intent of the plan. In addition, the proposed amendment does not conflict
with the other portions of the General Plan and Citywide Facilities and Improvements Plan that are not
proposed to be amended.
IV. ENVIRONMENTAL REVIEW
The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to
CEQA Guidelines Section 15061{8)(3) (General Rule) and City of Carlsbad Municipal Code Section
19.04.070(A)(1)(c), in that minor municipal code and other similar amendments that refine or clarify
existing land use standards are considered not to have a significant effect on the environment.
The proposed amendments are exempt from environmental review pursuant to CEQA, which exempts
projects "where it can be seen with certainty that there is no possibility that the activity in question may
have a significant effect on the environment." The changes proposed by this project are a minor
modification to the parks performance standard of the Growth Management Plan and do not substantially
change the effectiveness of the standard. A Notice of Exemption will be filed.
ATTACHMENTS:
1. Planning Commission Resolution No. 7250
a. Exhibit A: General Plan Amendment and Citywide Facilities and Improvement Plan
Amendment
2. Strikeout and Underline of the draft General Plan Amendment and Citywide Facilities and
Improvement Plan Amendment
3. FY 2015-16 Growth Management Plan Monitoring Report -Park facility adequacy analysis
Page 364
ATTACHMENT 2
Strikeout and Underline of the draft General Plan Amendment and Citywide Facilities and
Improvement Plan Amendment
1. The Parks section on page 4-9 of the General Plan Open Space, Conservation, and Recreation
Element is proposed to be amended as follows:
Parks
The Growth Management park facility standard is three acres of community parks or special use areas per
1,000 population within the park district. There are four park districts within Carlsbad, which correspond
to the city's four quadrants. Parks and special use areas must be scheduled for construction within a five-
year period, or prior to constniction of l,Se2 dwelling 1:1nits within the park district beginning at the time
the need is first identified, but beginning no sooner than (INSERT DATE OF CITY COUNCIL APPROVAL OF
GPA 2017-0002/0AJ 17-0004j.l
The thresholEI for triggering the constrnction of a new park is as follows: once a Eleficit of park acreage in
a park district/q1:1adrant is identified, a new park rn1:1st be scheEl1:1led for constr1:1ction within the tirne frame
of fr,e years, or before the c1:1rn1:1lative constr1:1ction of l,Se2 dwelling 1:1nits, whichever occ1:1rs later.
According to City Council Resolution No. 97-435, "scheduled for construction" means that the
improvements have been designed, a park site has been selected, and a financing plan for construction of
the facility has been approved.
The city's Growth Management Ordinance (Carlsbad Municipal Code Chapter 21.90) authorizes special
facility fees to pay for improvements or facilities that are related to new industrial development. Since
there is a substantial impact on existing recreation facilities from an increasing industrial employment
base, the city recognized a need to impose and implement a park mitigation fee for industrial
development. In November 1987, the City Council adopted its first park mitigation fee for the Zone 5
Local Facilities Management Plan. Additionally, a park mitigation fee was required as part of the Zone 13
and Zone 16 Local Facilities Management Plans. The purpose of this fee is to ensure adequate recreational
facilities to accommodate the demand created by the daily influx of the industrial work force and
population as industrial development grows.
Section 4.5 provides information regarding compliance with the park facility standard.
l Amended by City Council Resolution No. (INSERT RESOLUTION NUMBER] (GPA 2017-0002/0AJ 17-0004)
1
Page 365
ATTACHMENT 2
2. Page 14 of the Citywide Facilities and Improvement Plan is proposed to be amended as follows:
The type of i!dequacy and phasing analysis that is contained in the Citywide Plan for City Administrative
Facilities, Library and Wastewater Treatment Capacity is Similar to what will be expected for all the
remaining facilities addressed in the Local Facility Management Plans for each zone.
It should be emphasized rega rding the maps in this section, that because of their scale they are for
illustrative purposes only. Larger descriptive maps have also been prepared, however, precise locations
of facilities should be determined from Master Facility Plans available in the department or agency
responsible for the facility. Also, because of the detail required, the maps for sewer, water and drainage
only illustrate future planned facilities or improvements.
Performance Standards for City Administrative Facilities, and Libraries, aREI Parl,s1
The Performance Standards for City Administrative Facilities, and Libraries Library, anEI Parks indicate that
improvements must be "scheduled for construction within a five year period or prior to construction of
6,250 dwelling units." This section is intended to provide further clarification regarding what these
Performance Standards mean and how they are to be applied.
In developing the Performance Standards contained in this plan, staff projected that an average of 1,250
dwelling units per year would be constructed after 1986. Therefore, for purposes of City Administrative
Facilities and Library the 'five year period" is intended to mean the amount of residential development
equal to 1,250 dwelling units per year for five years, or a total of 6,250 dwelling units. The counting years
or units begins at the point in time that the demand for the facility first exceeds the supply.
Becau se Parks are aEIElresseEI on Hie basis of Park District which coinciEle with the four quaElrants of the
City, it is ass umed that the 1,250 dwelling units per year are spread equally among the four quadrants.
This yielEls g12.s Elwelling units per quadrant per year, 'Nhich is rounded downwarEI t o g12 Elwelling units.
Therefore, the 'five year period" for Parl~s is intended to means the am ount of residential development
equal to g12 dwelling units per year for five years, or a total of l,SeO dwelling units within a Park District.
The counting years or units begins at the point in time that the demand for the facility first e>Eceeds t he
~
For all three of these facilities, the The phrase "scheduled for construction" means that the improvements
needed to meet the demand have been designed, that a site has been selected and has been acquired or
is being acquired, and that a financing plan for construction of the facility has been approved by the City
Council.
1 This section was included in the Citywide Facilities and Improvements Plan by an an,endn,ent a1313roved 1 on l'.J3Fil
22, 1997 i:>y City Council Resolution No. 97-437 and amended by City Council Resolution No. (INSERT RESOLUTION
NUMBER).
2
Page 366
ATIACHMENT2
3. The Parks section on pages 32 to 36 of the Citywide Facilities and Improvement Plan is proposed
to be amended as follows:
a. Figure 11 is proposed to be deleted. Footnote 2 below will provide a reference to updated
. information in the General Plan.
b. The parks performance standard at the top of page 33 is proposed to be amended as follows:
PERFORMANCE STANDARD
Three acres of Community Park or Special Use Area per 1,000 population within the Park District must be
scheduled for construction within a five year period or wior to constrnction of l,Se2 dwelling units within
the Park District, beginning at the time the need is first identified. The five year period shall not commence
prior to (INSERT DATE OF CITY COUNCIL APPROVAL OF GPA 2017-0002/ OAJ 17-0004).
c. The remainder of the Parks section (pages 33 to 36) located below the performance standard
is proposed to be deleted and replaced with the following:
ADDITIONAL INFORMATION
This performance standard was developed to address community park and special use areas together.
Combining the two provides greater flexibility for the city to address the park facility needs of each
quadrant as development occurs.
As stated in the performance standard, the phrase "scheduled for construction" means that the
improvements needed to meet the demand have been designed, that a site has been selected and has
been acquired or is being acquired, and that a financing plan for construction of the facility has been
approved by the City Council.
The performance standard states that "the five year period shall not commence prior to (INSERT DATE OF
CITY COUNCIL APPROVAL OF GPA 2017-0002/0AJ 17-0004];" this provision was added to the standard
pursuant to City Council approval of GPA 2017-0002/0AJ 17-0004 (City Council Resolution No. (INSERT
RESOLUTION NUMBER]). which implemented part of a settlement agreement that settled a lawsuit filed
on the 2015 General Plan update. At the time of this approval, the five year period shall commence for
the southwest and southeast quadrants. which do not have park acreage in excess of the standard.
BUILDOUT FACILITY ADEQUACY ANALYSIS
Based on the Fiscal Year 2015-16 Capital Improvement Program list of projects. Veteran's Memorial Park
(91.5 acres. with 22.9 acres applied to each quadrant) is proposed to be constructed prior to buildout.
Construction of this community park would result in the projected park inventory for all city quadrants
exceeding the projected required acreage at buildout, as shown below:
3
Page 367
ATIACHMENT2
Quadrant Buildout Projected required Current ProQosed ~ark Projected
Po~ulation1 acreage1 Inventor'./ Inventor"-acreage
NW 37,904 113.7 105.2 22.9 128.1
NE 22.423 67.3 45.3 22 .9 68.2
SW 27.795 83.4 70.2 22 .9 93.1
SE 41.780 125.3 114.9 22 .9 137.8
Total 129,901 389.7 335.6 91.5 427.2
1 Reflects the 2015 General Plan Update
2 For more detailed information about the current park inventory, see Table 4-4 in the General Plan. The location of the current
inventory of parks is included on Figure 4-3 of the General Plan .
The figures above for proposed park acreage do not include park projects listed in the CIP as "unfunded"
or "partially unfunded": Zone 5 Business Park Recreational Facility (NW-9.3 acres); Cannon Lake Park
(NW -6.8 acres); or Robertson Ranch Park (NE -11.2 acres). Should alternative funding mechanisms be
found. and these parks are built. the additional park acreage would further aid in meeting/exceeding the
Growth Management park performance standard.
4
Page 368
ATIACHMENT3
PARKS
A. Performance Standard
3.0 acres of Community Park or Special Use Area per 1,000 population within the Park District1
must be scheduled for construction within a five year period, or prior to construction of 1,562
dwelling units within the Park District beginning at the time the need is first identified.2
B. FY 2015-16 Facility Adequacy Analysis
To date, all quadrants are in compliance with the performance standard.
Quadrant Park acreage inventory existing Park acreage required by
Performance Standards
NW 105.2 89.7
NE 45.3 43.5
SW 70.2 76.8
SE 114.9 116.9
Total 335.6 327.0
Currently, the performance standard requirement for park acreage exceeds the inventory of
existing and scheduled park acreage except for the following two quadrants: SW and SE.
However, although short of the acreage required, these quadrants are not out of compliance with
the performance standard because neither the time frame nor dwelling unit thresholds have been
reached.2 The deficits in the SW and SE quadrants were identified in the FY 2012-13 GMP report,
and units are tracked from this point on by adding building permits for dwelling units finaled since
that time frame.
Quadrant
SW
SE
Yeardeficltidentffied
FY 2012-13
FY 2012-13
Units constructed since deficit identified
133
348
1 "Park District" ="quadrant". There are four park districts within the city, corresponding to the four quadrants.
2 The threshold for triggering the construction of a new park is as follows: Once a deficit of park acreage in a quadrant is identified,
a new park must be scheduled for construction within the time frame of five years, or before the cumulative construction of
1,562 dwelling units, whichever occurs later. According to City Council Resolution No. 97-435, "scheduled for construction"
means that the improvements have been designed, a park site has been selected, and a financing plan for construction of the
facility has been approved.
1
Page 369
C. Buildout Facility Adequacy Analysis
Based on the current FY 2015-16 CIP list of projects, Veteran's Memorial Park (91.5 acres, with
22.9 acres applied to each quadrant) is proposed to be constructed prior to buildout.
Construction of this community park would result in the projected park inventory for all city
quadrants exceeding the projected required acreage at buildout, as shown below:
Quadrant Buildout Projected required Current Proposed park Projected
Population3 acreage3 Inventory acreage Inventory
NW 37,904 113.7 105.2 22.9 128.1
NE 22,423 67.3 45.3 22.9 68.2
SW 27,795 83.4 70.2 22.9 93.1
SE 41,780 125.3 114.9 22.9 137.8
,.._ -· I'\ 12S,9u1 ~nn., ;:)0::1.J' .... ,. .,.,s.o .. 91.:;, ._.,
Additional Parks Acreage
The figures above for proposed park acreage do not include park projects listed in the CIP as
"unfunded" or "partially unfunded": Zone 5 Business Park Recreational Facility (NW -9.3 acres);
Cannon Lake Park (NW-6.8 acres); or Robertson Ranch Park (NE-11.2 acres). Should alternative
funding mechanisms be found, and these parks are built, the additional parks acreage would
further aid in meeting/exceeding the Growth Management parks performance standard.
3 Reflects the 2015 General Plan Update
2
Page 370
Planning Commission Minutes
Minutes of:
Time of Meeting:
Date of Meeting:
Place of Meeting:
CALL TO ORDER
June 7, 2017
PLANNING COMMISSION
6:00 p.m.
June 7, 2017
COUNCIL CHAMBER
Chairperson Segall called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Commissioner Siekmann led the Pledge of Allegiance.
ROLL CALL
EXHIBIT 4
Page 1
Present: Chairperson Segall, Commissioners Anderson, Black, Goyarts, Montgomery, Rodman
and Siekmann
STAFF PRESENT
Don Neu, City Planner
Ron Kemp, Assistant City Attorney
Farah Nisan, Secretary
Paul Dan, Associate Planner
Chris Garcia, Associate Planner
Corey Funk, Associate Planner
Austin Silva, Associate Planner
Jason Geldert, Engineering Manager
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA
None.
APPROVAL OF MINUTES
Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of May 3,
2017.
Commissioner Goyarts made a correction on page 4 to change his disclosure to state that he has searched
for articles.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Rodman
to approve the minutes of the Regular Meeting of May 3, 2017 as amended.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall asked if there were any corrections or revisions to the minutes of the meeting of May
17, 2017.
Page 371
Planning Commission Minutes June 7, 2017 Page 2
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner
Siekmann to approve the minutes of the Regular Meeting of May 17, 2017.
VOTE: 6-0-1
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Goyarts,
· Commissioner Montgomery, Commissioner Rodman and Commissioner Siekmann
NOES: None
ABSENT: None
ABSTAIN: Commissioner Black
PLANNING COMMISSION PUBLIC HEARING
Chairperson Segall asked Mr. Neu to introduce the first item and opened the public hearing on Agenda
Item 3.
3. CT 16-03/RP 16-09/CDP 16-16 (DEV16019) -BEACH VILLAGE LIFE 1 MIXED USE -
Request for a recommendation of denial of a Tentative Tract Map, Major Review Permit,
and Coastal Development Permit for the construction of a hotel, spa, retail, and residential
condominium project located on the south side of Christiansen Way between Carlsbad
Boulevard and Washington Street in Land Use District 1 of the Village Review zone and
within Local Facilities Management Zone 1.
Mr. Neu stated that the applicant has requested a continuance and staff is recommending that Agenda Item
3 be continued to a date uncertain subject to re-noticing given the project revisions the applicant proposes
to prepare.
Chairperson Segall asked if any member of the audience wished to address Agenda Item 3 and opened
public testimony.
Ed Scarpelli, 929 Orchid Way, encouraged the Planning Commission to approve the project recognizing
the continuance.
Chairperson Segall asked if any member of the audience wished to address Agenda Item 3. Seeing none,
he closed public testimony.
MOTION
ACTION:
VOTE:
AYES:
NOES:
ABSENT:
Motion by Commissioner Montgomery and duly seconded by Commissioner Black
that the Planning Commission continue Agenda Item 3 to a date uncertain subject to
re-noticing.
7-0
Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
None
None
ABSTAIN: None
Chairperson Segall closed the public hearing on Agenda Item 3.
Page 372
Planning Commission Minutes June 7, 2017 Page 3
1. CDP 2016-0004 (DEV2016-0047) -148 TAMARACK AVENUE -Request for approval
of a Coastal Development Permit to allow for the demolition of a single-family residence
and detached garage, and the construction of a two-story 2,152 square foot single family
residence and 631 square foot garage within the Mello II Segment of the City's Coastal
Program located at 148 Tamarack Avenue within Local Facilities Management Zone 1.
The project site is not within the appealable area of the California Coastal Commission.
The City Planner has determined that the project belongs to a class of projects that the
State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15303(a) construction of a
single family residence of the state CEQA Guidelines.
Mr. Neu introduced Agenda Item 1 and stated Associate Planner Austin Silva would make the staff
presentation.
Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this
item.
Commissioner Anderson disclosed that she drove by the property.
Commissioner Goyarts disclosed that he viewed the project on Google Earth.
Commissioner Siekmann disclosed that she drove past the property.
Chairperson Segall disclosed that he also drove by the property.
Mr. Silva gave a presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if the applicant
wished to make a presentation.
Jeff Parshalle, 1725 Village Run North, Encinitas, stated that he is available to answer any questions.
Chairperson Segall asked if there were any questions for the applicant. Seeing none, he asked if any
person in the audience wished to speak on the item and opened public testimony.
Sharon Wolferman, 3877 Garfield Street, shared her concerns with the project dramatically effecting the
property value of her home, views and setbacks.
Ruben Cerecedes, 3875 Garfield Street, stated his concerns with the impact of the project to property value
and views.
Chairperson Segall asked if any member of the audience wished to address Agenda Item 1. Seeing none,
he closed public testimony.
DISCUSSION
Commissioner Montgomery stated that the project meets all the requirements and the city could help future
property owners realize the impacts of future development as allowed without a view ordinance.
Commissioner Anderson commented that she has sympathy for the neighbors and understands their
frustration. Commissioner Anderson stated that the architecture is creative for a small width lot for
functional access to the rear of the property.
Chairperson Segall concurs with his fellow Commissioners regarding the lack of a view ordinance and the
project meets all standards and findings.
Page 373
Planning Commission Minutes June 7, 2017 Page4
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner
Siekmann that the Planning Commission adopt Planning Commission Resolution
No. 7246 approving Coastal Development Permit CDP 2016-0004 based upon the
findings and subject to the conditions contained therein.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed public hearing on Agenda Item 1, asked Mr. Neu to introduce the next item and
opened the public hearing on Agenda Item 2.
2. CDP 2016-0005 (DEV2016-0058) -KLOVANISH RESIDENCE -Request for approval
of a Coastal Development Permit to allow for the construction of a new 4,230 square foot
single-family residence within the Mello II Segment of the City's Local Coastal Program
located on Adams Street 100 feet west of Highland Drive within Local Facilities
Management Zone 1. The project site is not within the appealable area of the California
Coastal Commission. The City Planner has determined that the project belongs to a class
of projects that the State Secretary for Resources has found do not have a significant
impact on the environment, and it is therefore categorically exempt from the requirement
for the preparation of environmental documents pursuant to Section 15303(a),
construction of a single family residence, of the state CEQA Guidelines.
Mr. Neu introduced Agenda Item 2 and stated Associate Planner Paul Dan would make the staff
presentation.
Chairperson Segall asked if any of the Commissioners have ex parte communications to disclose for this
item.
Commissioner Anderson disclosed that she drove by the property.
Commissioner Goyarts disclosed that he drove by the property and viewed it on Google Earth.
Commissioner Siekmann disclosed that she also drove by the property.
Commissioner Montgomery disclosed that he has been to the property several times and has recently
spoken to the project applicant Paul Klukas.
Chairperson Segall disclosed that he drove by the property.
Mr. Dan gave a presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of staff. Seeing none, he asked if the applicant
wished to make a presentation.
Paul Klukas, Planning Systems, Suite 100, 1530 Faraday Avenue, made a presentation.
Chairperson Segall asked if there were any questions for the applicant. Seeing none, he asked if any
person in the audience wished to speak on the item and opened and closed public testimony.
Page 374
Planning Commission Minutes June 7, 2017 Page 5
DISCUSSION
Commissioner Anderson commented that she finds the ornamental vegetation habitat in lieu fee strange
and has sympathy for that. Commissioner Anderson stated that she also has sympathy for the extensive
drainage pits seeing that the lot has been there for a long time and it is not eroding.
Commissioner Siekmann commented that the project is gorgeous.
Commissioner Black congratulated the architect and the property owners and stated that he appreciates
the roof profile as it is not the typical tile roof adding to the look of the lagoon.
Chairperson Segall concurs with his fellow Commissioners regarding the architectural design and stated
that the property is stunning.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner Goyarts
that the Planning Commission adopt Planning Commission Resolution No. 7249
approving Coastal Development Permit CDP 2016-0005 based upon the findings
and subject to the conditions contained therein.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed public hearing on Agenda Item 2, asked Mr. Neu to introduce the next item and
opened the public hearing on Agenda Item 4.
4. GPA 2017-0002/0AJ 17-0004 (PUB17Y-0011) -GMP PARKS PERFORMANCE
STANDARD AMENDMENT -Request for a recommendation of approval of amendments
to the General Plan Open Space, Conservation, and Recreation Element and the Citywide
Facilities and Improvement Plan to amend the Growth Management performance
standard for parks, pursuant to the General Plan lawsuit Settlement Agreement, dated
March 14, 2017. The City Planner has determined that this project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15061 (8)(3) (General Rule) and City of Carlsbad Municipal Code Section
19.04.070(A)(1 )(c), in that minor municipal code and other similar amendments that refine
or clarify existing land use standards are considered not to have a significant effect on the
environment.
Mr. Neu introduced Agenda Item 4 and stated Associate Planner Corey Funk would make the staff
presentation.
Mr. Funk gave a presentation and stated he would be available to answer any questions.
Chairperson Segall asked if there were any questions of staff.
Commissioner Anderson asked if the other ten public facilities standards out of 11 are being reviewed for
the same type of limitation based on buildout and dwelling unit requirements not met. Mr. Funk replied
stating no, for the scope of this project, staff did not take a comprehensive look at all the related performance
standards.
Commissioner Goyarts asked about the whereabouts of the next park planned within the city. Mr. Funk
replied Veterans Memorial Park located on Faraday Avenue close to Cannon Road.
Page 375
Planning Commission Minutes June 7, 2017 Page6
Commissioner Rodman asked if the amendment satisfies the lawsuit. Mr. Funk stated yes.
Chairperson Segall asked if there were any further questions of staff. Seeing none, he asked if any member
of the audience wished to address Agenda Item 4. Seeing none, he opened and closed public testimony.
MOTION
ACTION: Motion by Commissioner Montgomery and duly seconded by Commissioner
Siekmann that the Planning Commission adopt Planning Commission Resolution
No. 7250 recommending approval of General Plan Amendment GPA 2017-0002 and
a Citywide Facilities and Improvement Plan Amendment OAJ 17-0004, based on the
findings contained therein.
VOTE: 7-0
AYES: Chairperson Segall, Commissioner Anderson, Commissioner Black, Commissioner
Goyarts, Commissioner Montgomery, Commissioner Rodman and Commissioner
Siekmann
NOES: None
ABSENT: None
ABSTAIN: None
Chairperson Segall closed the public hearing on Agenda Item 4.
COMMISSION COMMENTS
Commissioner Rodman informed the Commission that she will not attend the July 19th Planning
Commission hearing.
CITY PLANNER COMMENTS
Mr. Neu shared a letter from the State Department of Housing and Community Development with the
Commission indicating that the updated Housing Element met the state requirements for certification.
CITY ATTORNEY COMMENTS
None.
ADJOURNMENT
By proper motion, the Regular Meeting of the Planning Commission of June 7, 2017 was adjourned at 6:46
p.m.
Qn
DON NEU
City Planner
Farah Nisan
Minutes Clerk
Page 376
r-.ll Receive -Agenda Item # I '2...-.
For the Information of the:
CITY COUNCIL
AC~~ CA V--CC V
Date~ City Manager V
August 22, 2017
Council Memorandum
To:
From:
Honorable Mayor Hall and Members of the City Council
Don Neu, City Planner
Via:
Re:
Marisa Lundstedt, Chief Operations Officer
Council Agenda Questions for August 22, 2017
TOPIC: Agenda Item # 12 -GMP Parks Performance Standard Amendment
( City of
Carlsbad
Q. As a result of the Settlement Agreement for the General Plan lawsuit should the three
acres being used for habitat mitigation at Veterans Park be removed from the
proposed park acreage tables?
A. Don Neu: When constructed Veteran's Park will provide a total of 91.5 acres to the
GMP park inventory, which was originally to be divided between 51.1 acres of
developable park and 40.4 acres of open space preserve. With the adoption of the
Poinsettia 61 related agreements, there is no change to the total acres of Veteran's, but
there will be a shift in the acreage divided between developable park and open space
preserve (developable park decreases by 3.1 acres while open space preserve increases
by 3.1 acres, but total site remains 91.5 acres). Constructing BV reservoir as a park will
provide an additional 3.1 acres on top of what Veteran's park will add to the inventory.
Q. How will the parks deficit for the Southwest and Southeast quadrants be satisfied?
A. Don Neu: Construction of Veteran's park will address the deficit in both the Southwest
and Southeast quadrants. The credit of a portion of Veteran's park to the park
inventory for each of the quadrants is consistent with the Citywide Facilities and
Improvement Plan adopted on September 16, 1986 as the first phase in the
implementation process of the Growth Management Ordinance adopted by the City
Council on July 1, 1986.
cc: City Attorney
Don Neu, City Planner
Community & Economic Development
Planning Division
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 I 760-602-8560 fax
TO:
DATE OF PUBLIC HEARING:
SUBJECT:
AFFIDAVIT OF MAILING
NOTICE OF PUBLIC HEARING
L OCA Tl ON: ---1----J_L.....:!~::::::___.k:~~::S-.Jc,.._,.i~~-++--i---L~~s..........----1.:.~~~-:....__---
DA TE NOTICES MAI LED TO PROPERTY OWNERS: __ ,_____,g___,__,_/;_.,,.,Dc+-/_._J-+1---
7-;;_ NUMBER MAILED: __ ,,,_1_""--_)'---------
1 declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad and the foregoing is true and correct.
CITY CLERK'S OFFICE
(Date)
SENT TO FOR PUBLICATION VIA E-MAIL TO: 0 Union Tribune
~ CoastNews
PUBLICATION DATE: Union Tribune ---------------
CoastNews __ s ___ /~J/~U ......... 7 _____ _
I declare under penalty of perjury under the laws of the State of California that I am
employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and
correct. L
Date: '3l6/!7 \~aAO-JlrrZ ~
(Signature)
Attachments: 1) Mailing Labels
2) Notice w/ attachments
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council
of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village
Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, August 22, 2017, to consider approving
amendments to the General Plan Open Space, Conservation, and Recreation Element and the
Citywide Facilities and Improvement Plan to amend the Growth Management performance
standard for parks, pursuant to the General Plan lawsuit Settlement Agreement, dated March 14,
2017.
Whereas, on June 7, 2017 the City of Carlsbad Planning Commission voted 7-0 to recommend
approval of amendments to the General Plan Open Space, Conservation, and Recreation
Element and the Citywide Facilities and Improvement Plan to amend the Growth Management
performance standard for parks, pursuant to the General Plan lawsuit Settlement Agreement,
dated March 14, 2017. The City Planner has determined that this project is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (8)(3)
(General Rule) and City of Carlsbad Municipal Code Section 19.04.070(A)(1)(c), in that minor
municipal code and other similar amendments that refine or clarify existing land use standards
are considered not to have a significant effect on the environment.
Those persons wishing to speak on this proposal are cordially invited to attend the public hearing.
Copies of the staff report will be available on and after Thursday, August 17, 2017. If you have
any questions, please contact Corey Funk in the Planning Division at (760) 602-4645 or
corey. funk@carlsbadca.gov.
If you challenge the General Plan Amendment and/or the Citywide Facilities and Improvement
Plan Amendment in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice or in written correspondence delivered to the
City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at
or prior to the public hearing.
CASE FILE: GPA 2017-0002/OAJ 17-0004 (PUB17Y-0011)
CASE NAME: GMP PARKS PERFORMANCE STANDARD AMENDMENT
PUBLISH: August 11, 2017
CITY OF CARLSBAD
CITY COUNCIL
\
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CARLSBAD UNIFlt!S \400L DISTRICT
6225 EL CAMINO E~1
CARLSBAD CA 9202.2.
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
STATE OF CALIFORNIA
DEPT OF FISH AND WILDLIFE
3883 RUFFIN RD
SAN DIEGO CA 92123
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
U.S. FISH & WILDLIFE
STE 250
2177 SALK AV
CARLSBAD CA 92011
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
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SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
LEUCADIA WASTE WATER DISTRICT
TIM JOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
REGIONAL WATER QUALITY CONTROL
BOARD
STE 100
2375 NORTHSIDE DR
SAN DIEGO CA 92108-2700
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD -
SAN DIEGO CA 92131
CA COASTAL COMMISSION
ATTN KANAN! BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
MICHAEL MCSWEENEY-BIA SD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND URBAN
STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
SD COUNTY PLANNING
STE 110
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD CA 92008
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NORTH COUNTY ADVOCATES
SUITE 104-258
7668 EL CAMINO REAL
CARLSBAD CA 92009
KAREN MERRILL
3511 SIMSBURY COURT
CARLSBAD CA 92008
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DELANO & DELANO
ATTN EVERETT DELANO
220 WEST GRAND AVENUE
ESCONDIDO CA 92025
FRIENDS OF AVIARA
ATTN DE'ANN WEIMER
PRESIDENT
6606 FIONA PLACE
CARLSBAD CA 92011
FRIENDS OF THE BUENA VISTA RESERVOIP LENNAR HOMES OF CALIFORNIA, INC.
ATTN BLANCHE RAMSWICK ATTN DAVID STEARN
SECRETARY
2886 ELMWOOD STREET
CARLSBAD CA 92008
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VICE PRESIDENT OF LAND ACQUISITION
25 ENTERPRISE, SUITE 400
ALISO VIEJO CA 92656
A
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PRESERVE CALAVERA
ATTN DIANE NYGAARD
PRESIDENT
5020 NIGHTHAWK WAY
OCEANSIDE CA 92056
FRIENDS OF THE BUENA VISTA RESERVOI
ATTN MARY ANNE VINEY
PRESIDENT
2796 JAMES DRIVE
CARLSBAD CA 92008
LENNAR HOMES OF CALIFORNIA, INC.
ATTN MELANIE HOUK
DEPUTY GENERAL COUNSEL .
25 ENTERPRISE, SUITE 400
ALISO VIEJO CA 92656
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Faviola Medina
From:
Sent:
To:
Cc:
Subject:
FYI -please see below.
Thank you,
Tammy"'
From: Council Internet Email
City Clerk
Wednesday, August 23, 2017 12:00 PM
Sheila Cobian; Andrea Dykes; Morgen Fry
Faviola Medina
FW: 8 22 2017 Council Agenda Item 12: GMP PARKS PERFORMANCE STANDARD
AMENDMENT
Sent: Wednesday, August 23, 2017 11:19 AM
To: City Clerk <Clerk@carlsbadca.gov>
Cc: Don Neu <Don.Neu@carlsbadca.gov>; Corey Funk <Corey.Funk@carlsbadca.gov>
Subject: FW: 8 22 2017 Council Agenda Item 12: GMP PARKS PERFORMANCE STANDARD AMENDMENT
City Council Members,
Please see the email below that came in after 4 pm yesterday regarding Agenda Item 12.
Andi
From: Carl Pope [mailto:s ]
Sent: Tuesday, August 22, 2017 4:47 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: 8 22 2017 Council Agenda Item 12: GMP PARKS PERFORMANCE STANDARD AMENDMENT
As I will be unable to attend the public hearing for this item, please consider this my public comment:
I support the staff recommendation with the following exception:
In the staff report under "Discussion" in the second to last paragraph the statement is made "This proposed
amendment will reset the five year period in which to schedule a park for construction in those two quadrants.
This is important because, with the removal of the 1,562 dwelling unit threshold, there would only be one year
remaining to schedule a park for construction in the southwest and southeast quadrants. The proposed
amendment will provide sufficient time to schedule a park for construction and satisfy the park standard."
In the paragraph above that, the statement is made that a deficit of park acreage has been identified for the
southwest and southeast quadrants.
I believe staffs interpretation that this requires or allows an additional five year postponement of scheduling
parks for construction to meet standards is flawed and disappointing. Given that the City has been out of
compliance with the current standard for over four years, there is no valid reason to postpone scheduling the
parks. I request that you note in the resolution the city's intent to continue with scheduling the parks that will
meet the needs of the southwest and southeast quadrants as soon as possible within the next few years CIP
1
budgets. although this may not be required, it is the right thing to do, and I have no doubt it will be popular
too. Thank you, Carl Pope
If there is any magic on this earth, it is contained in water. Do your part to conserve
and keep it clean.
2
GMP Parks Performance Standard
Amendment
Corey Funk
August 22, 2017
GPA 2017-0002/OAJ 14-0004
Background
•March 14, 2017 Settlement Agreement
–Between North County Advocates and city
–Ended lawsuit on General Plan Update
•Settlement condition: amend GMP Parks
performance standard
–General Plan
–Citywide Facilities and Improvement Plan
Background
•June 7, 2017 –Planning Commission
–Voted to recommend approval of amendments
•July 17, 2017 –Parks & Recreation Commission
–Received report as information item
GMP Parks Performance Standard
•Purpose –ensure public facilities are provided
concurrent with city growth
•Structure:
–Service level (3 acres park land / 1,000 pop.)
–Requirement for new park land
•Timing (5 years)
•Dwelling unit (1,562 units)
Proposed Amendment
3.0 acres of Community Park or Special Use Area per
1,000 population within the Park District must be
scheduled for construction within a five year period, or
prior to construction of 1,562 dwelling units within the
Park District beginning at the time the need is first
identified. The five year period shall not commence
prior to [INSERT DATE OF CITY COUNCIL APPROVAL OF
GPA 2017-0002/OAJ 17-0004]
Requirement for new Park Land
•Commits city to schedule park for construction
within reasonable timeframe
•Allows enough time for units and population to
accumulate to warrant park construction
–Not financially efficient to construct park in small
increments
Dwelling Unit Requirement
•Links new park land to construction of 1,562
dwelling units within a quadrant
•In SW and SE quadrants, residential development
capacity less than 1,562 units
–Potential to prevent park construction
Timing Requirement
•5 year period remains part of performance standard
•Timing requirement commences for SW and SE
quadrants on approval date of amendment
–Service level deficit identified for SW and SE
quadrants
Conclusion
•City retains ability to provide park facilities
concurrent with city growth
•Helps ensure park land is added to inventory in
timely manner
•Consistent with purpose and intent of the GMP
•No conflicts with General Plan and GMP, including
performance standards not being amended
•Amendment is exempt from CEQA
Recommendation
That the City Council ADOPT a resolution
APPROVING General Plan Amendment GPA 2017-
0002 and Citywide Facilities and Improvement Plan
Amendment OAJ 17-0004,based on the findings
contained therein.
Veteran’s Park
91.5 acre park site
51.1acres 40.4 acres
Developable Park Open Space Preserve
Not to scale
-3.1 acres + 3.1 acres
91.5 acre park site
48 acres 43.5 acres
Developable Park Open Space Preserve
Not to scale
Summary
•No change to total park acreage at Veteran’s
•All of Veteran’s counted in park inventory
•Buena Vista Reservoir site will add 3.1 acres to
NW park inventory when constructed
•In total –a net increase of 3.1 park acres