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HomeMy WebLinkAbout2017-08-22; City Council; Resolution 2017-170RESOLUTION 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. 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 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 1 2 3 4 5 6 7 8 9 10 11 12 13 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: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. 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 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 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 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of 2 the City of Carlsbad, California, held on June 7, 2017, by the following vote, to wit: 3 AYES: Chairperson Segall, Commissioners Anderson, Black, Goyarts, 4 Montgomery, Rodman and Siekmann 5 NOES: 6 ABSENT: 7 8 ABSTAIN: 9 10 11 JEFF SEGALL, Chairperson 12 CARLSBAD PLANNING COMMISSION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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