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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) P A R K D RKELLY DRNEBLINA DRHILLSIDE DRELCAMINOREAL TAMARACK A V AVI LA AVHIGHRIDGEAV TELESCOPEAVCORDO B A PL REFUGIOAVR O B E RTSONRD GLASGOWDRPALISADESDR LA PAZ CT EAST P O INTE A V AMBERWOODCT LOMA WYAURA CRBIRCHWOODCR REFUGI OAVGPA 2021-0001 / ZC 2021-0001 LCPA 2021-0011 (PUB 2021-0002) Aura Circle Open Space SITE MAP J SITE E L C AMINO R E A LLA COSTA AV A L G A R DCARLSBAD BL HIG H L A N D D R BUENA VISTA WY V A L LE Y ST OAK AVC R E S T D RCARLSBADVILLAGEDRELMWOOD STKNOWLES AV WIL S O N S T LAS FLORES DR P I O P I C O DR CYNTHIA LN MONROE STLAGUNA DR A R L A N D RDJAMES DRSTRATFORD LN NEW LAND CTMCCAULEY LNLI DO PLFRAZIER AVYADA PLGREGORY DRGPA 2021-0002 / ZC2021-0002 (PUB 2021-0003) Buena Vista Park Open Space SITE MAP J SITE E L C AMINO R E A LLA COSTA AV A L G A R DCARLSBAD BL 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 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 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe.