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Home My WebLink About2005-06-07; City Council; Resolution 2005-1721 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 RESOLUTION NO. 2005-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE FIRST AMENDMENT IN 2005 TO THE LAND USE ELEMENT OF THE GENERAL PLAN CONSISTING OF FOUR PROJECTS COMMONLY KNOWN AS KELLY CORPORATE CENTER (GPA 04-09), VISTA LA COSTA (GPA 04-14), NORTH COAST CALVARY CHAPEL (GPA 04-1 6), AND RESIDENTIAL DENSITY CLARIFICATION (GPA 04-21); AND ALSO APPROVING THE FIRST AMENDMENT IN 2005 TO THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL PLAN CONSISTING OF TWO PROJECTS COMMONLY KNOWN AS KELLY CORPORATE CENTER (GPA 04-09), AND NORTH COAST CALVARY CHAPEL (GPA 04-1 6). APPLICANT: CITY OF CARLSBAD CASE NO.: FIRST AMENDMENT IN 2005 TO THE LAND USE ELEMENT AND THE OPEN SPACE AND CONSERVATION ELEMENT OF THE GENERAL WHEREAS, pursuant to Government Code Section 65358(b), no mandatory element of the General Plan shall be amended more frequently than four times during any calendar year, and any one of those four amendments may include more than one change to the General Plan; and WHEREAS, the Land Use Element and Open Space and Conservation Element are mandatory elements of the General Plan; and WHEREAS, pursuant to Government Code Section 65358, and the provisions of the Carlsbad Municipal Code, the Planning Commission did, on November 17, 2004, (GPA 04- 16), January 5,2005, (GPA 04-09 and GPA 04-14), and March 2,2005, (GPA 04-21), hold duly noticed public hearings as prescribed by law to consider the proposed changes to the General Plan; and WHEREAS, the Planning Commission adopted Planning Commission Resolutions No. 5785, 5796, 5813, and 5846 recommending approval in concept of the proposed changes to the General Plan; and WHEREAS, the City Council did, on January 11, 2005, (GPA 04-16), February 8, 2005, (GPA 04-14), February 15, 2004, (GPA 04-09), and April 26, 2005, (GPA 04-21), hold duly noticed public hearings to consider the Planning Commission’s recommendations and to 4 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 hear all persons interested in the proposed amendments to the General Plan and the related environmental reviews; and WHEREAS, the City Council adopted City Council Resolutions No. 2005-009, 2005-039, 2005-046, and 2005-128 approving in concept the proposed changes to the General Plan; and WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the changes to the Land Use Element of the General Plan as proposed by GPA 04-09, GPA 04-14, GPA 04-16, and GPA 04-21 into a single amendment constituting the first Land Use Element Amendment of 2005; and WHEREAS, the City Council of the City of Carlsbad wishes to consolidate the changes to the Open Space and Conservation Element of the General Plan as proposed by GPA 04-09 and GPA 04-16 into a single amendment constituting the first Open Space and Conservation Element Amendment of 2005; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the first amendment to Land Use Element of the General Plan during calendar year 2005 is approved as provided for in City Council Resolutions No. 2005-009, 2005-039, 2005-046, and 2005-128 (on file in the City Clerk’s office), and as shown on the attached exhibits titled “GPA 04-16 North Coast Calvary Chapel” (dated November 17, 2004), “GPA 04-14 Vista La Costa” (dated January 5, 2005), “GPA 04-09 Kelly Corporate Center GPNZC” (dated January 5, 2005), and “GPA 04-21 Residential Density Clarification” (dated March 2, 2005). 3. That the first amendment to the Open Space and Conservation Element during calendar year 2005 is approved as provided for in City Council Resolutions No. 2005- 009 and 2005-046 (on file in the City Clerk’s office), and as shown on the attached exhibits titled “GPA 04-16 North Coast Calvary Chapel” (dated November 17, 2004) and “GPA 04-09 Kelly Corporate Center GPNZC” (dated January 5, 2005). EFFECTIVE DATE: The amendments to the Land Use Element and Open Space and Conservation Element shall become effective thirty (30) days following the adoption of this resolution. -2- 5 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 AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of June , 2005, by the following vote, to wit: AYES: Council Members Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: Council Member Lewis MATT HALL, Mayor Pro-Tern ATTEST: A LORRAINE M. WOOD, City Clerk (SEAL) -3- GPA 04-09 - Kelly Corporate Center GPNZC Januarv 5.2005 EXISTING PROPOSED RelatedCaseFile No(s): ZC 04-05/ LCPA 04-08 Property From: To: A. 21 2-040-66-00 PVRM/OS PVOS B. 212-040-67-00 PI PVOS PI/OS J G.P. Map Designation Change GPA 04-14 - Vista La Costa Januaw 5.2005 P. I I C. I I - I V. 1 I Attach additional pages if necessary I 8 GPA 04-16 - North Coast Calvary Chapel November 17.2004 Property From: A. 214-550-01 RLM B. 21 5-070-1 3 RLM C. 21 5-070-36 RLM n I Related Case File No@): ZC 04-12LCPA 04-12/SDP 04-02/CUP 04-05R1DP 04- I To: RLM/OS RLM/OS RLM/OS U. I I I Attach additional'pages if necessary I 9 .~ Land Use Element General Plan I d. Medium-Hiah Densitv (RMH): Medium-high density residential areas intended to be developed with two-family dwellings and multiple-family dwellings, as well as one- family dwellings (developed as two or more detached units on one lot) at a density between 8 to 15 dwelling units per acre. Development of one-family dwellings on individual lots may be approved with a planned development permit, subject to the density range of this designation. I e. Hiah Densitv (RH): High-density residential areas intended to be developed with two- family and multiple-family dwellings, as well as one-family dwellings (developed as two or more detached units on one lot) at a density between 15 to 23 dwelling units per acre. c. All necessary public facilities required by the City's Growth Management Program will be constructed, or are guaranteed to be constructed, concurrently with the need for them created by this development and in compliance with the adopted City standards. I Table 2: Land Use Growth I I 1 Control Point I Desianation Minimum Management Maximum Certain areas of the City designated for planned communities may have several residential desig- nations or combinations of residential designa- tions. To accommodate good design and plan- ning, as well as environmental and topographical factors, planned communities shall be controlled by a master plan. As part of the City's Growth Management Plan, a dwelling unit limitation was established for each quadrant of the City. The City shall not approve any general plan amendment, zone change, tentative subdivision map or other discretionary approval for a development that could result in the development above the limit in any quadrant. To ensure that development does not exceed the limit, the following growth management control points are established for the Land Use Element density ranges. The City shall not approve any residential development at a density that exceeds the growth management control point for the applicable density range without making the following findings: a. That the project will provide sufficient additional public facilities for the density in excess of the control point to ensure that the adequacy of the City's public facilities plans will not be adversely impacted. b. That there have been sufficient developments approved in the quadrant at densities below the control point so the approval will not result in exceeding the quadrant limit. The residential land use designations indicate MAXIMUM development unit yields. To meet the General Plan goals and objectives, including, but not limited to population goals and environmental considerations, the ACTUAL yield may be less than maximum potentials, but not less than the minimum density of the underlying land use designation; except, density may be approved below the minimum of the density range in the following circumstances: a. When a sinale. one-familv dwelling is constructed on a leaal lot that existed as of October 28, 2004. ab. When a w, w.kw sinqle, one-familv dwellinq is constructed on a lot that was created bv consolidating two legal nonconformina lots winto one lot lthis onlv applies to lots that are nonconformina in lot area). &. When a legal lot is developed with one or more residential units that existed as of October 28, 2004; provided, the existing units are to remain and it is not feasible to construct the number of additional units needed to meet the minimum density without requiring the removal of the existing units. Pursuant to California Government Code Section 65863, the City shall not by administrative, quasi- judicial, or legislative action, reduce, require or permit the reduction of residential density on any parcel to a density below that which was utilized Page 14 Amended September 21,2004