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Home My WebLink About2009-05-12; City Council; 19800; Amendment to General Plan SeascapeCITY OF CARLSBAD - AGENDA BILL AB# 19,800 MTG. 05/12/09 DEPT. PLN AMENDMENT TO THE GENERAL PLAN BATCH 1 Or 2009 GPA 05-1 1 (Seascape) DEPT. HEAD ^ CITY ATTY. x CITY MGR. -A *t^^ ULf^- RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2009-099 APPROVING the first amendment in 2009 to the Land Use Element and Open Space and Conservation Element of the General Plan, consisting of a project commonly known as "Seascape" (GPA 05-11). 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 General Plan Amendment (GPA) application listed below proposes changes to the Land Use Element and the Open Space and Conservation Element. The City Council approved the GPA application in concept at a duly noticed public hearing on the date noted below. The recommended action will result in formal adoption of the changes to the General Plan (previously approved in concept), which will ensure consistency between the General Plan and Zoning Ordinance. TABLE A FIRST GENERAL PLAN AMENDMENT IN 2009 GPA No. GPA 05-11 Project Title Seascape Date Approved "In Concept" January 6, 2009 (Resolution No. 2009-009) General Plan Element(s) to be Amended Land Use and Open Space and Conservation Description Change the General F land use designations of the APN: 215-040-09 and 215-040-11 From: RLM 3lan project site: To: RLM/OS FISCAL IMPACT: TABLE B FISCAL IMPACT OF THE FIRST GENERAL PLAN AMENDMENT IN 2009 Project GPA 05-1 1 Seascape Fiscal Impact 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. 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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ^D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D Page 2 ENVIRONMENTAL IMPACT: TABLE C ENVIRONMENTAL STATUS OF THE FIRST GENERAL PLAN AMENDMENT IN 2009 Project Environmental Status GPA 05-11 Seascape GPA 05-11 is part of a project that consists of a fifteen lot subdivision comprised of twelve residential lots, two open space lots and one private street lot, along with the development of twelve detached single-family residences and three second dwelling units on a 5.05 acre property generally located on the northeast corner of Black Rail Road and Avena Court East. Environmental review for the project, including GPA 05-11, was processed in accordance with CEQA. Potentially significant impacts were identified to biological and cultural resources, as well as exposure of people to noise. 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 January 6, 2009. EXHIBITS: 1. City Council Resolution No. 2009-099 ''L 1 RESOLUTION NO. 2009-099 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST 3 AMENDMENT IN 2009 TO THE LAND USE ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE 4 GENERAL PLAN, CONSISTING OF A PROJECT COMMONLY KNOWN AS "SEASCAPE" (GPA 05-11). 5 APPLICANT: CITY OF CARLSBAD CASE NAME: FIRST AMENDMENT IN 2009 TO THE LAND USE 6 ELEMENT AND OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL 7 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 11 the General Plan; and 12 WHEREAS, the Land Use Element and Open Space and Conservation Element 13 are mandatory elements of the General Plan; and 14 WHEREAS, pursuant to Government Code Section 65358, and the provisions of 15 the Carlsbad Municipal Code, the Planning Commission did, on November 5, 2008, hold a duly 1" noticed public hearing as prescribed by law to consider the proposed changes to the General 17 Plan; and 1 O WHEREAS, the Planning Commission adopted Planning Commission Resolution 19 No. 6499 recommending approval of the proposed changes to the General Plan; and 90 WHEREAS, the City Council did, on January 6, 2009 hold a duly noticed public 21 hearing to consider the Planning Commission's recommendation and to hear all persons 22 interested in the proposed amendment to the General Plan and the related environmental 23 review; and 24 WHEREAS, the City Council adopted City Council Resolution No. 2009-009 on 25 January 6, 2009 approving in concept the proposed changes to the General Plan. 26 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad, 27 California, does hereby resolve as follows: 28 3 1 1. That the above recitations are true and correct. 2 2. That the findings of the City Council set forth in City Council Resolution No. 2009-009 (on file in the City Clerk's office) are made a part hereof by reference. . 3. That the first amendment in 2009 to the Land Use Element and Open Space and Conservation Element of the General Plan is approved as shown on the attached exhibit 5 consisting of 1 page titled "Exhibit 'GPA 05-11'" (dated, November 5, 2008). 6 EFFECTIVE DATE: The amendment to the Land Use Element and the Open j Space and Conservation Element shall not become effective until both of the following have g occurred. 9 1. Thirty (30) days have passed following the adoption of this resolution, and 10 2. The California Coastal Commission has approved the associated Local 11 Coastal Program Amendment—LCPA 05-06. 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 „ 24 // 25 „ 26 „ 27 // 28 -2-U 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 12th day of May, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Council Member Packard. IS, Mayor ATTEST: r^LdRRAlNE^I (SEAL) GPA 05-11 Exhibit "GPA 05-11" November 5, 2008 Seascape EXISTING PROPOSED Related Case File No(s): ZC 05-10/ LCPA 06-06/ CT OS-18/ PUD OS-14/ SDP 05-12; COP 05-37/ HDP 06-02; HMP 07-09 General Plan Land Use Designation Chans Property A. 215-040-09 B. 215-040-11 From: RLM RLM es To: RLM;OS RLM/OS (p