HomeMy WebLinkAbout2021-10-20; Planning Commission; ; GPA 2021-0001, ZC 2021-0001, LCPA 2021-0011 (PUB 2021-0002) - Aura Circle Open Space; GPA 2021-0002, ZC 2021-0002 (PUB 2021- 0003) - Buena Vista Park Ocean Space; EnvironItem No.
Application complete date: N/A
P.C. AGENDA OF:October 20, 2021 Project Planner: Christina M. Bustamante
Project Engineer: N/A
SUBJECT: GPA 2021-0001, ZC 2021-0001, LCPA 2021-0011 (PUB 2021-0002) - Aura Circle Open Space:
Request for a recommendation of approval of an amendment to the General Plan to change
the current land use designation from Residential (R-4) and Open Space (OS) to Open Space
(OS), and a change of Zone from One Family Residential (R-1- 8000) and Open Space (OS) to
Open Space (OS), and an amendment to the Local Coastal Plan Land Use and Zoning to change
the current designation from R-4/OS to OS for a 14.58 acre property located at the terminus
of Aura Circle, within Local Facilities Management Zone 1.
GPA 2021-0002, ZC 2021-0002 (PUB 2021-0003) - Buena Vista Park Open Space: Request for
a recommendation of approval of an amendment to the General Plan to change the current
land use designation from Residential (R-4) to Open Space (OS) and a change of zone from
One Family Residential (R-1) to Open Space (OS) for a 3.1 acre property located at 1605 Buena
Vista Way within Local Facilities Management Zone 1.
Environmental Statement: The City Planner has determined that this project, which includes
re-designations of both properties, is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15061 (B)(3) (General Rule) and City of
Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c), minor municipal code amendments that
do not involve physical modifications or lead to physical improvements beyond those typically
exempt.
I.RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No.’s 7428 and 7429,
RECOMMENDING APPROVAL to the City Council of an amendment to the General Plan (GPA 2021-0001
and GPA 2021-0002), and Zone Change (ZC 2021-0001 and ZC 2021-0002), and Local Costal Plan
Amendment (LCPA 2021-0011) based on the findings and subject to the conditions contained therein.
II.PROJECT DESCRIPTION AND BACKGROUND
A.Background
Aura Circle
2
GPA 2021-0001 (PUB 2021-0002), GPA 2021-0002 (PUB 2021-0003) – Buena Vista Park Open Space and
Aura Circle Open Space
October 20, 2021
Page 2
The Aura Circle property is 14.58 acres and is split into two zones and they are as follows, One Family
Residential (R-1-8000), which allows for single family residential homes, and Open Space (OS) which allows
for open space and conservation easements, parks, trails and related uses. On Jan. 14, 2020, the City Council
adopted a resolution (Resolution No. 2020-012) authorizing the city’s real estate manager to negotiate with
the agent for Pacific Legacy Homes, Inc. (Seller) to acquire the Aura Circle property located at the northern
terminus of Aura Circle, north of the intersection of Aura Circe and Hillside Drive. On Feb. 11, 2020 the
City Council authorized the purchase of the subject property.
Buena Vista Park
The Buena Vista Park property is 3.1 acres and it is located at 1605 Buena Vista Way. The site contained a
large water storage reservoir that was built in 1918. The sides and bottom of the reservoir were below grade,
and the reservoir was uncovered. The reservoir was abandoned operationally in the 1960’s and subsequently
used as a city maintenance and storage facility.
On March 14, 2017, the City of Carlsbad, North County Advocates, Lennar Homes, Preserve Calavera,
Friends of Aviara, and Friends of the Buena Vista Reservoir entered into a Community Benefit Agreement
(Agreement), the purpose of which was to: 1) settle a lawsuit challenging the city’s certification of the General
Plan Environmental Impact Report and approval of the 2015 General Plan Update and 2015 Climate Action
Plan; 2) develop the 3.1 acre Buena Vista Reservoir site as a new public park; and 3) achieve support for Lennar
Homes’ proposal to develop a 123 unit, single family, detached unit condominium project (Poinsettia 61) on
land located south of Cassia Road, between the then existing western and eastern segments of Poinsettia
Lane. The property was zoned for residential development, but a park could be permitted through an
approved conditional use permit. On October 2, 2019, the Planning Commission unanimously approved the
Conditional Use Permit (CUP 2018-0023). Construction of the Buena Vista Reservoir Park by a Lennar Homes’
contractor began in early November 2020. The park has since been completed and is open for public use.
Growth Management Plan, Council Policy 43
At the time of the acquisition of the Aura Circle property and the decision to develop a park on the former
Buena Vista Reservoir site, the properties were anticipated to provide additional units for implementation of
the Growth Management Plan for the City of Carlsbad, providing a total of 19 units for the Excess Dwelling
Unit Bank (EDUB) to be used in the future as available allocation for other projects in order to increase the
allowed density at other sites. City Council Policy No 43 stated that an allocation of excess dwelling units is a
regulatory concession that modifies the requirements of CMC Chapter 21.90 by permitting development with
more dwelling units than otherwise permitted by the growth management control point established in CMC
Chapter 21.90 or the allocation of excess dwelling units to a property will permit more dwelling units on a site
than would otherwise be allocated by existing underlying General Plan land use designation. Units originally
anticipated to be available were in the following amounts:
Aura Circle – The recommended action changing the land use designation from residential to open space,
the action would have resulted in 9 excess dwelling units into the Excess Dwelling Unit Bank (EDUB).
Buena Vista Park – The recommended action changing the land use designation from residential to
open space, the action would result in 10 residential units deposited in the EDUB.
GPA 2021-0001 (PUB 2021-0002), GPA 2021-0002 (PUB 2021-0003) – Buena Vista Park Open Space and
Aura Circle Open Space
October 20, 2021
Page 3
However, on April 6, 2021 the City Council adopted Resolution 2021-074 which finds that specific
provisions of state law “preempt the city from implementing residential growth management plan caps,
residential quadrant limits, and residential control points.” The Growth Management Program growth
control points and dwelling unit quadrant caps was discontinued along with the Excess Dwelling Unit Bank
(EDUB). This action removed growth caps in order to be in compliance with the State mandate to
accommodate additional housing units pursuant to Housing Element Program 2.2 required by the
California Department of Housing and Community Development (HCD). Because of this, documenting the
removal of units from the Excess Dwelling Unit Bank is solely for residential unit tracking purposes.
Housing Accountability Act (SB 330)
SB330 (Housing Crisis Act of 2019), combined with other related bills made changes to the Government
Code with respect to the approval of certain development projects and addition of development
conditions. Gov. Code § 66300 (b) (1) provides that “an affected county or an affected city shall not enact
a development policy, standard, or condition that would have any of the following effects:” The effects
listed include; changing a land use designation to a less intensive use; imposing a moratorium; enforcing
design standards that are not objective (adopted after January 1, 2020); and either limits land use
approvals, acts as a cap to housing units, or limits population. The recommended action will result in a
loss of approximately 19 units from the city’s General Plan, therefore triggering this requirement.
In May 2021, a private residential project, West Oaks, changed the General Plan land use from Planned
Industrial (PI) to Residential (R-30) and added 192 units to the city’s General Plan. The West Oaks project
was originally anticipated to receive residential capacity from the excess dwelling unit bank; however,
that was no longer needed due to Resolution 2021-074. The West Oaks project occurred prior to the
current recommended action, and together ensure that there will be no net loss of residential unit
capacity in the city as required per SB330, in City Council Resolution 2021-097. The two city rezoning
actions are not subject to SB 166, specifically Government Code Section 65863, as the properties were
not identified in the Housing Element sites inventory.
IV.ANALYSIS
The proposed actions are subject to consistency with the following policies and requirements:
A.General Plan;
B.Zoning;
C.Local Coastal Program (LCP) Mello II segment, and the Coastal Resource Overlay Zone (LCP Chapters
21.201, 21.203, 21.204 and 21.205 of the Zoning Ordinance); and
D.Growth Management.
The recommendation for approval of the General Plan Amendment was developed by analyzing the plan’s
consistency with the applicable city regulations and policies and is discussed in detail in the following sections.
A.General Plan Land Use Designation
The subject 14.58 acre site, located at the terminus of Aura Circle (parcel 207-100-48-00) has a General Plan
Land Use Designation of Residential (R-4) and Open Space (OS); and 3.1 acre site located at 1605 Buena Vista
Way and (APN 156-200-16-00) has a General Plan Land Use designation of Residential (R-4). The proposed
GPA 2021-0001 (PUB 2021-0002), GPA 2021-0002 (PUB 2021-0003) – Buena Vista Park Open Space and
Aura Circle Open Space
October 20, 2021
Page 4
project includes a request to change the General Land Use Designation of both parcels to Open Space (OS).
The Aura Circle site is currently not developed with unofficial trails that are used by the public; the Buena Vista
site is a recently completed public park. The project is consistent with the Land Use and Community Design;
Mobility; Open Space, Conservation, and Recreation; and Arts, History, Culture, and Education Elements of
the city’s General Plan, as outlined in Table A below:
TABLE A – GENERAL PLAN COMPLIANCE
GENERAL PLAN
ELEMENTS
GOALS & POLICIES CONSISTENCY COMPLIANCE
Land Use &
Community
Design Element
Community Character, Design, and
Connectedness Goal 2-G16
Enhance Carlsbad’s character and image
as a desirable residential, beach and
open-space oriented community.
The Open Space land use
would preserve space for
different outdoor
recreation opportunities.
Yes
Policy 2-P.1 Maintain consistency
between the General Plan and Title 21 of
the Carlsbad Municipal Code (Zoning
Ordinance and map)
Updating both the General
Plan and Zoning
designation of these
properties at the same
time will ensure that both
documents are consistent.
Yes
Policy 2-P.2 Update the city’s Local
Coastal Program (LCP) to be consistent
with the General Plan. Work with the
California Coastal Commission to gain
permitting authority for all areas of the
city in the Coastal Zone.
The Local Coastal Program
will also be amended to be
consistent with the
proposed General Plan
amendment and Zone
Change.
Yes
Open Space,
Conservation,
and Recreation
Element Policies
Open Space Framework Goal 4-G.1:
Develop a balanced and integrated open
space system reflecting a variety of
considerations-resource conservation,
production of resources, recreation, and
aesthetic and community identity-and
ensuring synergies between various
open space components and
compatibility with land use planning.
The Open Space
designation would assist in
implementation of this
goal.
Yes
Biological Resources and Open Space
for Conservation Goal 4-G4:
Promote conservation of hillsides and
ridgelines.
The Open Space
designation will preserve
the existing hillsides at the
terminus of Aura Circle.
Yes
Beaches; Parks and Recreation Goal 4-
G.5:
Maintain a diversified, comprehensive
system of open space for outdoor
recreation, including, but not limited to:
The Open Space
designation would
preserve the existing
hillsides at Aura Circle and
preserve the unofficial
Yes
GPA 2021-0001 (PUB 2021-0002), GPA 2021-0002 (PUB 2021-0003) – Buena Vista Park Open Space and
Aura Circle Open Space
October 20, 2021
Page 5
parks; beaches; areas for organized
sports; connecting corridors containing
trails; water recreation areas (beaches,
lagoons, lakes); unique conservation
areas for nature study; and, semi-
developed areas for camping.
trails that have been
created overtime by the
residents.
The Open Space
designation is consistent
with the newly
constructed Buena Vista
Park that provides outdoor
recreation amenities for
the public.
Beaches; Parks and Recreation 4-G.6:
Offer a wide variety of recreational
activities and park facilities designed to
encourage educational benefits and
active or passive participation by users
of all ages and interests.
The Open Space
designation would allow
the existing active and
passive outdoor uses to
continue.
Yes
Open Space Framework 4-P.1:
Maintain an integrated open space
classification system that accommodates
conservation, resource production,
recreation, and aesthetic needs.
The Open Space
designation will maintain
the existing undeveloped
land that features
unofficial trails, and two
hills surrounded by
residential homes.
Preserving a pleasant
hillside aesthetic for the
adjacent residents.
The Buena Vista Park
would continue to provide
recreation opportunities to
residents.
Yes
Open Space Framework 4-P.2 Designate
for preservation as open space those
areas that provide unique visual
amenities within the urban form, such as
agriculture, hillsides, ridges, valleys,
canyons, beaches, lagoons, creeks, lakes,
and other unique resources that provide
visual and physical relieve to the
cityscape by creating natural contrasts
to the built-up, manmade scene.
The Open Space
designation will preserve
the unique visual quality of
the Aura Circle property
which features hillsides.
Yes
Archaeological and Paleontological
Resources Policy 7-P.10:
Require consultation with the
appropriate organizations and
individuals (e.g., Information Centers of
the California Historical Resources
Information Systems [CHRIS], the Native
Local tribes were
consulted to share the
details of this project. AB
52 notices were sent
February 24, 2021, and
meetings were held in
March 2021. Since there is
Yes
GPA 2021-0001 (PUB 2021-0002), GPA 2021-0002 (PUB 2021-0003) – Buena Vista Park Open Space and
Aura Circle Open Space
October 20, 2021
Page 6
B.Zoning
The project proposes a Zone Change from One Family Residential (R-1- 8000) and Open Space (OS) to Open
Space (OS) for a 14.58-acre parcel located at the terminus of Aura Circle (parcel 207-100-48-00). The project
also proposes a Zone Change from One Family Residential (R-1) to Open Space (OS) for a 3.1 acre parcel
located at 1605 Buena Vista Way (parcel 156-200-16-00).The proposed zone would implement the proposed
Open Space General Plan Land Use designation and will allow for parks, trails and other related uses. The Aura
Circle property is currently an undeveloped property with informal trails that are used by the public. The
existing Buena Vista Park has been designed to comply with the setbacks and height of the residential zone,
the park facilities would be consistent with the Open Space Zone. Therefore, a nonconforming situation would
not be created by the proposed Zone Change.
C.Local Coastal Program (LCP) Mello II segment, and the Coastal Resource Overlay Zone
The Aura Circle project site is located within the Mello II Segment of the Local Coastal Program (LCP), not
within the appealable jurisdiction of the California Coastal Commission. The project's LCPA requires approval
by the Coastal Commission after city approvals are obtained. The site is also located within and subject to the
Coastal Resources Protection Overlay Zone. A six week notice of intent of a land use change in the Coastal
Zone was filed with the California Coastal Commission and ran from September 3, 2021 to October 15, 2021.
A Local Coastal Program Amendment may be approved if it conforms with Coastal Act policies and applicable
policies of the Mello II Segment that are not being amended. The project’s compliance with each of the
applicable Local Coastal Program policies, programs and ordinances are discussed below:
The project site is proposed to have a Local Coastal Program Land Use designation of Open Space (OS)
consistent with the proposed General Plan Land Use designation and Zoning for the site. Additionally, the
Open Space (OS) Local Coastal Program Land Use designation would move to preserve on-site open space
areas that are currently designated as residential. The project is consistent with the policies of the Coastal Act,
in that a) the site is geologically stable; b) the project will adhere to the city's Master Drainage Plan, Grading
Ordinance, Storm Water Ordinance, BMP Design Manual and Jurisdictional Runoff Management Program
(JRMP) to avoid increased urban runoff, pollutants, and soil erosion; c) the project does not preclude any
recreational opportunities such as construction of any future trails or shoreline access as the property is not
located immediately adjacent to the ocean or a lagoon; d) the development does not obstruct views of the
coastline as seen from public lands or public rights-of-way; and e) the project is consistent with the Habitat
Management Plan and, as conditioned and discussed in this report, will protect sensitive biological resources.
Furthermore, the Open Space is consistent with applicable LCP policies.
Open Space development in the coastal zone must comply with the coastal development permitting
regulations and the LCP policies. Although no development is proposed with this project, if any development
was proposed in the future on the Aura Circle site it would be reviewed for consistency with the LCP and
Coastal Act prior to evaluation of any proposed development and required to obtain a Coastal Development
Permit CDP.
American Heritage Commission [NAHC],
and Native American groups and
individuals) to minimize potential
impacts to cultural resources that may
occur as a result of a proposed plan.
no construction proposed
with this project, there
would be no impacts to
cultural resources.
GPA 2021-0001 (PUB 2021-0002), GPA 2021-0002 (PUB 2021-0003) – Buena Vista Park Open Space and
Aura Circle Open Space
October 20, 2021
Page 7
D.Growth Management Ordinance (Chapter 21.90 of the Zoning Ordinance), Local Facilities Management
Plans
The proposed open space is within Local Facilities Management Zone 1 in the city’s Northwest Quadrant. The
proposed change to an Open Space designation is consistent with the city’s Growth Management Program in
that it does not conflict with public facilities relationships, especially the relationship to the city’s planned
major circulation network; and is consistent with the purpose and intent of the Growth Management Program,
which is to provide a balanced community with adequate commercial, industrial, recreational and open space
areas to support the residential areas of the city. Thus, the proposed project’s public facility demand will be
in compliance with the public facility assumptions of the Zone 1 LFMP.
ENVIRONMENTAL REVIEW
The City Planner has determined that the project is exempt from the provisions of CEQA, pursuant to CEQA
Guidelines Section 15061(B)(3) (General Rule) and City of Carlsbad Municipal Code Chapter 19.04.070(A)(1)(c),
minor municipal code amendments that do not involve physical modifications or lead to physical
improvements beyond those typically exempt. A Notice of Exemption will be filed by the City Planner upon
project approval.
ATTACHMENTS:
1.Planning Commission Resolution No 7428 and 7429 (GPA 2021-0001, ZC 2021-0001, LCPA 2021-0011
and GPA 2021-0002, ZC 2021-0002)
2.Location Maps
3.Disclosure Statement
4.Correspondence from the public (*if any)
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LCPA 2021-0011 (PUB 2021-0002)
Aura Circle Open Space
SITE MAP
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DO PLFRAZIER AVYADA PLGREGORY DRGPA 2021-0002 / ZC2021-0002 (PUB 2021-0003)
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From:Sabrina Johnson
To:Planning
Subject:Aura circle open space
Date:Sunday, October 17, 2021 12:31:24 PM
As a home owner off of High Ridge Ave, I am concerned about this area attracting more homeless. Does thing
change in zoning mean it will be cleared and turned into a park or walking trails? If it is, what will be done to deter
homeless? We already have a problem with them in the park and in the restroom at the park near Kelly Elementary
which is very close to where this space is, my street backs up to this space and we have young children and I am
super concerned about this area attracting dangerous individuals. We do not live far from where the woman was
stabbed to death nearly 50 times by transients living near the lagoon. Please consider our neighborhood’s safety
when rezoning.
Many thanks,
Sabrina McCrady
Sent from my iPhone
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From:Sabrina Johnson
To:Planning
Subject:Aura Circle Open Space
Date:Sunday, October 17, 2021 12:30:23 PM
I sent the above email to planning@carlsbadca.gov to discuss my concerns about them changing the zoning in the
area where the kids go up the hill. Will y’all send something similar?
Sabrina McCrady
Sent from my iPhone
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From:Christina Bustamante
To:sabrin33@hotmail.com
Subject:RE: Aura circle open space
Date:Monday, October 18, 2021 11:45:00 AM
Good Morning Sabrina McCrady,
I hope you are doing well. I received your email. Please see the response below regarding the question you sent via
email.
Aura Circle would be added to the city-owned habitat preserve system which is actively managed by the Center for
Natural Lands Management (CNLM). The city would not regularly mow or clear the property because it is
preserved for protection of open space. In the future, there may be a trail developed on the property, but there are no
plans for a park. The city’s land manager and rangers monitor the site on a regular basis for trespassing an
vandalism. If vagrants move in, CNLM, city rangers and the city’s Homeless Outreach Team (Police Department)
can be notified immediately. In case of any issues, including homeless camps, residents could call PD non-
emergency number (760-931-2197). In the event of an emergency residents should call 911.
Sincerely,
Christina M. Bustamante
Associate Planner
Community Development Department
1635 Faraday Ave.
Carlsbad, CA 92008
www.carlsbadca.gov
760-602-4644 direct |760-720-9461| christina.bustamante@carlsbadca.gov
-----Original Message-----
From: Planning <Planning@CarlsbadCA.gov>
Sent: Monday, October 18, 2021 9:14 AM
To: Christina Bustamante <Christina.Bustamante@carlsbadca.gov>
Subject: FW: Aura circle open space
These will both be added to the staff report.
-----Original Message-----
From: Sabrina Johnson <sabrin33@hotmail.com>
Sent: Sunday, October 17, 2021 12:31 PM
To: Planning <Planning@CarlsbadCA.gov>
Subject: Aura circle open space
As a home owner off of High Ridge Ave, I am concerned about this area attracting more homeless. Does thing
change in zoning mean it will be cleared and turned into a park or walking trails? If it is, what will be done to deter
homeless? We already have a problem with them in the park and in the restroom at the park near Kelly Elementary
which is very close to where this space is, my street backs up to this space and we have young children and I am
super concerned about this area attracting dangerous individuals. We do not live far from where the woman was
stabbed to death nearly 50 times by transients living near the lagoon. Please consider our neighborhood’s safety
when rezoning.
Many thanks,
Sabrina McCrady
Sent from my iPhone
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.
From:Enchanted Seashells
To:Planning
Subject:RE: Aura Circle Open Space
Date:Tuesday, October 19, 2021 5:37:57 PM
I have a deep concern and interest in the Aura Circle Open Space as part of my property
borders the planned open space. I support any and all open space areas in the City of Carlsbad.
I've suggested many times that a community committee should be formed to make sure thatwe stay involved in the process.
Rosanne BentleyHillside Drive
619-200-7417
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