HomeMy WebLinkAbout2021-10-20; Planning Commission; Resolution 7428PLANNING COMMISSION RESOLUTION NO. 7428
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN
AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN LAND
USE DESIGNATION FROM RESIDENTIAL (R-4) AND OPEN SPACE (OS) TO
OPEN SPACE (OS) AND A ZONE CHANGE FROM ONE FAMILY RESIDENTIAL
(R-1-8000) AND OPEN SPACE (OS) TO OPEN SPACE (OS) AND AN
AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM LAND USE
DESIGNATION AND ZONING FROM RESIDENTIAL TO OPEN SPACE, ON
PROPERTY GENERALLY LOCATED AT THE TERMINUS OF AURA CIRCLE IN
LOCAL FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO:
Aura Circle Open Space
GPA 2021-0001, ZC 2021-0001, LPCA 2021-0011
(PUB 2021-0002)
WHEREAS, the City of Carlsbad, "Developer," has filed a verified application with the City
of Carlsbad regarding property owned by City of Carlsbad, "Owner," described as
THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 17, OF LAGUNA
RIVIERA UNITY NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5871,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, APRIL 21, 1967; THENCE ALONG THE WESTERLY BOUNDARY
OF SAID MAP NO 5871 TO THE NORTHEAST CORNER OF LOT 37 OF
LAGUNA RIVIERA UNIT NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
6165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, AUGUST 8, 1968; THENCE ALONG THE NORTHERLY
BOUNDARY OF SAID MAP NO. 6165, TO THE SOUTHEAST CORNER OF
LOT 298 OF LAGUNA RIVIERA UNIT NO. 9, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 7516, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, DECEMBER 29, 1972; THENCE ALONG THE
EASTERLY BOUNDARY OF SAID MAP NO. 7516 TO THE MOST
NORTHERLY CORNER OF LOT 286 OF SAID MAP NO. 7516, BEGIN ON THE
SOUTHERLY LINE OF LOT 131 OF CARLSBAD TRACT NO. 76-15, UNIT 3
(PALISADES POINT), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10579 TO
THE MOST SOUTHERLY CORNER OF CARLSBAD TRACT NO. 73-8
(CARLSBAD PALISADES) UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 8039, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 6, 1974; THENCE NORTHEASTERLY ALONG
SAID NORTHEASTERLY LINE OF SAID MAP NO. 8039 TO THE POINT OF
BEGINNING.
("the Property"); and
WHEREAS, said verified application constitutes a request for a General Plan Amendment,
a Zone Change, and a Local Coastal Plan Amendment as shown on Exhibit(s) "GPA 2021-0001", "ZC 2021-
0001", and "LCPA 2021-0011" dated October 20, 2021, attached hereto and on file in the Carlsbad
Planning Division, "GPA 2021-0001, ZC 2021-0001, LPCA 2021-0011 (PUB 2021-0002) Aura Circle Open
Space," as provided in Government Code Section 65350 et. seq. and Section 21.52.030 of the Carlsbad
Municipal Code; and
WHEREAS, said application constitutes a request for a Zone Change as shown on Exhibit "ZC
2021-0001" dated October 20, 2021, attached hereto and on file in the Planning Division, "ZC 2021-0001
Aura Circle Open Space", as provided by Chapter 21.52 of the Carlsbad Municipal Code; and
WHEREAS, the proposed Zone Change is set forth in the draft City Council Ordinance,
EXHIBIT "X" dated October 20, 2021, and attached hereto "ZC 2021-0001 Aura Circle Open Space"; and
WHEREAS, said verified application constitutes a request for a Local Coastal Program
Amendment as shown on Exhibit(s) "LCPA 2021-0011" dated October 20, 2021, attached hereto, as
provided in Public Resources Code Section 30514 and Section 13551 of California Code of Regulations Title
14, Division 5.5; and
WHEREAS, the combined re-designation of Aura Circle and Buena Vista Reservoir Park
properties would result in the loss of 9 and 10 units, respectively, for a total of 19 units, and
WHEREAS, the approval of West Oaks on May 4, 2021 resulted in a up zone of 192
residential units, therefore complying with Senate Bill 330 requirements to currently offset decreases in
residential density.
PC RESO NO. 7428 -2-
WHEREAS, the Planning Commission did, on October 20, 2021, 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, Zone Change and Local Coastal Plan Amendment; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any amendment
to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad, as follows:
A) That the above recitations are trµe and correct.
B) At the end of the State-mand9ted six-week review period, starting on September 3, 2021,
and ending on October 15, 2021, staff shall present to the City Council a summary of the
comments received.
C) That based on the evidence presented at the public hearing, the Commission
Findings:
RECOMMENDS APPROVAL of "GPA 2021-0001, ZC 2021-0001, LCPA 2021-0011 (PUB
2021-0002)-AURA CIRCLE OPEN SPACE," based on the following findings:
General Plan Amendment, GPA 2021-0001
1. 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 October 20, 2021 including, but
not limited to the following:
a. Land Use & Community Design-in that the proposed project consists of a request for a
General Plan Amendment to change the General Plan Land Use designation from
Residential (R-4} to Open Space (OS) and a Zone Change from One Family Residential
(R-1-8000} to Open Space (O} to allow for outdoor recreation uses at the terminus of
Aura Circle. The existing 14.58-acre property is located at the terminus of Aura Circle,
only residential properties are adjacent to the site. The undeveloped existing property
is currently used by residents frequenting the unofficial trails. None of the current uses
PC RESO NO. 7428 -3-
of the property would create an issue with respect to land use compatibility with the
adjacent residential properties.
b. Open Space, Conservation, and Recreation Element Policies -in that the proposal to
change the General Plan Land Use designation from Residential to Open Space will allow
for a variety of outdoor recreation uses as well as preserve the aesthetic of the
undeveloped hillside view of the adjacent residential homes.
Zone Change ZC 2021-0001
2. That the proposed Zone Change from One Family Residential (R-1-8000) and Open Space (OS)
to Open Space (OS) is consistent with the goals and policies of the various elements of the General
Plan as identified in Table A of the corresponding Planning Commission staff report, in that the
OS zoning designation implements the proposed OS General Plan Land Use designation. The
OS zoning designation will allow for trail and park uses, in addition to other related outdoor
recreation uses. The existing 14.58-acre undeveloped property is located at the terminus of
Aura Circle; only residential properties are adjacent to the project site. The existing property is
currently used by residents frequenting unofficial trails. None of the current uses of the
property would create an issue with respect to land use compatibility to the adjacent residential
properties.
3. That the Zone Change will provide consistency between the General Plan and Zoning as mandated
by California state law and the City of Carlsbad General Plan Land Use Element, in that the Open
Space (OS) zone designation shown on Exhibit "ZC 2021-0001" attached hereto implements the
proposed Open Space (O) General Plan Land Use designation.
4. That the Zone Change is consistent with the public convenience, necessity, and general welfare,
and is consistent with sound planning principles in that the open space uses allowed by the
proposed zone change are compatible with the adjacent residential uses.
Local Coastal Plan Amendment (LCPA 2021-0011)
5. That the proposed Local Coastal Program Amendment meets the requirements of, and is in
conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the
Carlsbad Local Coastal Program not being amended by this amendment, in that the amendments
ensure consistency with the proposed General Plan Amendment (GPA 2021-0001), and Zone
Change (ZC 2021-0001), and do not conflict with any coastal zone regulations, land use
designations or policies, with which development must comply.
6. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into
consistency with the proposed General Plan Amendment (GPA 2021-0001) and the proposed
Zone Change (ZC 2021-0001).
7. 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
Chapter 19.04.070(A){l){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. The appropriate level of
PC RESO NO. 7428 -4-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTION
21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT
A ZONE CHANGE FROM RESIDENTIAL (R-1-8000) AND OPEN SPACE (OS) AND ONE FAMILY RESIDENTIAL
AND AN AMENDMENT TO THE LOCAL COASTAL PROGRAM ZONING DESIGNATIONS FROM A
RESIDENTIAL (R-4/OS) ZONING TO OPEN SPACE {OS), FOR A 14.58 ACRE PROPERTY LOCATED AT THE
TERMINUS OF AURA CIRCLE AND FROM ONE FAMILY RESIDENTIAL (R-1) TO OPEN SPACE (OS) FOR A
3.1-ACRE PROPERTY LOCATED AT 1605 BUENA VISTA WAY, BOTH PROPERTIES ARE WITHIN LOCAL
FACILITIES MANAGEMENT ZONE 1.
CASE NAME:
CASE NO.:
Aura Circle Open Space and Buena Vista Park Open
Space
zc 2021-0001, zc 2021-0002
Whereas, the City of Carlsbad "Owner/Developer", has filed a verified application with
the City of Carlsbad regarding property owned by the City of Carlsbad "Owner", described as
THAT PORTION OF LOT "I" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 17, OF LAGUNA RIVIERA
UNITY NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5871, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1967; THENCE
ALONG THE WESTERLY BOUNDARY OF SAID MAP NO 5871 TO THE NORTHEAST
CORNER OF LOT 37 OF LAGUNA RIVIERA UNITY NO. 2, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 6165, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY, AUGUST 8, 1968; THENCE ALONG THE NORTHERLY
BOUNDARY OF SAID MAP NO. 6165, TO THE SOUNTHEAST CORNER OF LOT 298
OF LAG.UNA RIVIERA UNIT NO. 9, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO-MAP THEREOF NO. 7516, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER
29, 1972; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MAP NO, 7516
TO THE MOST NORTHERLY CORNER OF LOT 286 OF SAID MAP NO. 7516, BEIGN
ON THE SOUTHERLY LINE OF LOT 131 OF CARLSBAD TRACT NO. 76-15, UNIT 3
(PALISADES POINT), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10579 TO THE MOST
SOUTHERLY CORNER OF CARLSBAD TRACT NO. 73-8 (CARLSBAD PALISADES)
UNITY NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8039, FILLED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 6, 1974;
THENCE NORTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID MAP
NO. 8039 TO THE POINT OF BEGINNING.
("the Property"); and
WHEREAS, said verified application constitutes a request for a Zone Change and Local
Coastal Program Amendment as shown on Exhibit "ZC 2021-0001 and LCPA 2021-0011 -Aura
Circle Open Space," dated October 20, 2021, and Zone Change "ZC 2021-0002 -Buena Vista Park
Open Space" dated October 20, 2021, attached hereto and made a part hereof; and
WHEREAS, the City Council held 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 City Council considered all factors relating to
the "ZC 2021-0001/LCPA 2021-0011 -Aura Circle Open Space" and "ZC 2021-0002 -Buena Vista Park
Open Space."
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad,
California, does ordain as follows:
1. That the above recitations are true and correct.
2. That section 21.05.030 of the Carlsbad Municipal Code, being the Zoning
Map and the Local C:pastal Program Zoning Map, are amended as shown on the niap marked "ZC
2021-0001 -Aura Circle Open Space," and "LCPA 2021-0011 -Aura Circle Open Space", dated
October 20, 2021, and "ZC 2021-0002 -Buena Vista Park Open Space" dated October 20, 2021,.
attached hereto and made a part hereof.
3. That the findings and conditions of the Planning Commission in Planning
Commission Resolution No's. 7428 and 7429 shall also constitute the findings and conditions of the City
Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and
the City Clerk shall certify to the adoption of this ordinance and cause the full text of the ordinance or
a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper
of general circulation in the City of Carlsbad within fifteen days after its adoption. (Notwithstanding the
preceding, this Aura Circle Open Space zone change (ZC 2021-0001) shall not be effective until LCPA
2021-0011 is approved by the California Coastal Commission. This restriction does not apply to the
Buena Vista Park Open Space zone change (ZC 2021-0002).)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
________ day of _____ 2021, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on
the ______ day of _____ 2021, by the following vote, to wit:
AVES:
NAYS:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)