2007-034 Orpheus Ave/Colony Terrace
RESOLUTION 2007-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS
APPROVING AMENDMENTS TO THE GENERAL PLAN,
LOCAL COASTAL PROGRAM, AND LAND USE POLICY MAP
CASE NO. 06-142 GPA/LCPA/ZA-460 Orpheus Avenue (APN 256-301-06)
CASE NO. 06-192 GPA/LCPA/ZA-2102 Colony Terrace (APN 259-192-15)
WHEREAS, the City of Encinitas received applications for General Plan, Local
Coastal Plan, and Zoning Code Amendments from Geraldine and Arthur Henry (00-203
GPNLCPA) for 460 Orpheus Avenue (APN 256-301-06); and Treasure and Donald Buman
(06-192 GPNLCPA) for 2102 Colony Terrace (APN 259-192-15); and
WHEREAS, the City of Encinitas determined that each amendment request is
exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3)
which states "where it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment, the activity is not subject to
CEQA" since both project sites are already improved with a single family home; and
WHEREAS, on June 21, 2007, the City of Encinitas Planning Commission held a
duly noticed public hearing, to consider the staff reports, the exemptions from CEQA review,
all attachments and public testimony, and recommended approval ofthese two applications to
the City Council; and
WHEREAS, on August 15, 2007, the City of Encinitas held a duly noticed public
hearing, to consider the staff reports, the exemptions from CEQA review, all attachments and
received public testimony, and concurred with the City of Encinitas Planning Commission
and staff recommendation to approve these two applications and exempt them from CEQA
review; and
WHEREAS, on August 15,2007, pursuant to Land Use Element Policy 3.12.2, the
City Council voted unanimously to make the finding that the Orpheus site is exempt from
voter approval because the proposed change is to correct a "mapping error"; and
WHEREAS, on August 15,2007, pursuant to Land Use Element 3.12.4(c), the City
Council voted unanimously to make the finding that Colony Terrace site is exempt from
voter approval because the proposed change is a "minor" change within land use class; and
WHEREAS, at the close of said hearings, the City of Encinitas City Council directed
staffto prepare amendments to said exhibits, maps and policies ofthe General Plan; and
WHEREAS, on October 10, 2007, the City Council, upon recommendation from the
Planning Commission, hereby approves the General Plan Amendment and Local Coastal
Program Amendment requests and exempts the projects from CEQA based on the following
findings:
SEE EXHIBIT" A-I"
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Encinitas, as follows:
1. Text, tables, and figures ofthe City of Encinitas General Plan are amended as follows:
SEE EXHIBIT "A-2"
2. That the amendments to the General Plan and Local Coastal Land Use Plan are intended
to be carried out in a manner fully in conformance with the California Coastal Act of
1976;
3. Pursuant to the California Environmental Quality Act (CEQA), the City Council of the
City of Encinitas has reviewed the proposed applications and has exempted them from
CEQA;
4. That the Planning and Building Director is hereby authorized to submit the General Plan
and Local Coastal Program Land Use Plan amendments to the California Coastal
Commission, and said amendments shall not become effective until after adoption by the
California Coastal Commission; and
5. The Planning and Building Director and the City Clerk are hereby directed to make all
said amendments to the General Plan, if and when the General Plan and Local Coastal
Program Land Use Plan Amendment becomes effective; to distribute these to City
officers and departments, and agencies as required by law; and to maintain documents
accordingly. All documents related to this amendment, including the environmental
findings, Negative Declaration, notices, analyses, reports and recommendations, shall be
kept on file in the offices ofthe City of Encinitas.
PASSED AND ADOPTED this 10th day of October, 2007, by the following vote, to wit:
AYES:
Barth, Bond, Dalager, Houlihan, Stocks.
NAYS:
None.
ABSENT:
None.
ABSTAIN: None.
\ ---
"
ond, Mayor
City of Encinitas
ATTEST:
-fJ.~, 4lM}L-1~~
orah Cervone, City Clerk
/
2
EXHIBIT "A-I"
CITY COUNCIL RESOLUTION NO. 2007-34
FINDINGS FOR APPROVAL OF RESOLUTION NO. 2007-34 OF THE CITY
COUNCIL OF THE CITY OF ENCINITAS APPROVING AMENDMENTS TO THE
GENERAL PLAN AND LOCAL COASTAL PROGRAM LAND USE PLAN
CASE NO. 06-142 GPA/LCPA/ZA-460 Orpheus Avenue (APN 256-301-06)
CASE NO. 06-192 GPA/LCPA/ZA - 2102 Colony Terrace (APN 259-192-15)
Findings for the General Plan and Local Coastal Program Land Use Plan Amendments:
A. That the proposed amendments are consistent with the purposes of the Encinitas
General Plan and the approved Local Coastal Program Land Use Plan.
Case No. 06-142 GPNLCPNZA - 460 Orpheus Avenue (APN 256-301-06)
Facts: The amendment application seeks to reconcile the existing land uses with the
underlying General Plan land use designation and zoning classifications.
Prior to the city's incorporation in 1986, both the Orpheus Park and the project site were
zoned R-S-3 which not only allowed single-family homes (comparable to the city's existing
R3) by right, but also permitted "community recreation" uses (i.e. park) with an approved
Major Use Permit.
Discussion: The existing Ecological Resource/Open SpacelPark (ERlOSIPK) land use
designation is not limited to just "open space," but includes a variety of publicly-owned
active and passive uses throughout Encinitas. Varied examples include San Elijo Lagoon,
Moonlight Beach, Glen Park, Cardiff Sports Park, Oakcrest Park, Orpheus Park, Scott
Valley Park, Sun Vista Park, the linear SDG&E transmission corridor, the beach from
Swami's to the City of Solana Beach border, and Quail Botanical Gardens. The proposed
Residential 3 (R3) designation is intended to provide for single-family detached residential
units with minimum lot sizes of 14,500 net square feet (and maximum densities of 3.0
units per net acre). One primary dwelling is permitted on each legal lot.
The City Council has determined that the subject parcel was zoned ERlOSIPK in error during
the General Plan Program in 1989, since the property has been in continuous private
ownership, was previously zoned residential (R-S-3) prior to incorporation, and the existing
residence was built in 1953. A newspaper notice advertising public hearings on the
original General Plan Program shows this property designated for R-3 zoning. The
adjacent Orpheus Park site was to be designated ERlOSIPK consistent with other park
facilities throughout the City. This amendment would correct an apparent mapping error
and eliminate the nonconforming status ofthe existing residence. No environmental issues
have been identified.
Conclusion: Because the project site is already improved with a single family home (built
prior to 1953) and the application is only a land use change from ERJOS/PK to R3, the
change in land use designation as proposed will not have any new impact on the
surrounding neighborhood since the existing use will remain the same. Subdivision of the
project site is precluded by its lot size of 11,325 square feet (0.26 acres), which is less than
the minimum 14,500 square feet (0.33 acres) lot size required by the R3 zone.
The changes proposed for the General Plan support the relevant goals and policies set forth in
the General Plan and Local Coastal Program Land Use Plan. The City Council finds that the
amendment application is consistent with the intent and purposes of the General Plan and
Local Coastal Program Land Use Plan.
Case No. 06-192 GPA/LCPNZA - 2102 Colony Terrace (APN 259-192-15)
Facts: The amendment application seeks to reconcile the existing land use with the adjacent
General Plan land use designations and zoning classifications.
Before the City of Encinitas incorporated in 1986, the property was zoned by the county as
Rural-Residential-2 (R-R-2) which allows a maximum of two (2) dwelling units per acre.
Currently, the City's zoning map shows the project site as RRl. Rural Residential 1 (RR1)
is intended to provide for low density single-family detached residential units with a
minimum lot size of one (1) net acre and a maximum density of 1.0 unit per net acre for
rural area compatibility. Rural Residential 2 (RR2) is intended to provide for low density
single-family detached residential units with a minimum lot size of 21 ,500 net square feet
and a maximum density of 2.0 units per net acre, as a transition from the rural to the more
suburban areas within the City. For both RR1 and RR2, one primary dwelling is permitted
on each legal lot.
Discussion: With adoption of the 1989 General Plan, the subject property, along with a
number of other properties immediately west and north, were rezoned from 12-acre to one
(1 )-acre zoning. A newspaper notice advertising public hearings on the original General
Plan Program shows this property designated for the lower density RR-1 zoning.
Therefore, the current zoning is consistent with the proposed zoning as advertised in 1988-
1989.
One of the characteristics distinguishing RR1 designated properties from RR2 properties is
that the lower density designation is often applied to constrained lands, such as properties
with steep slopes or sensitive habitat. According to the General Plan, the purpose of the
RR 1 zone is "to reduce the potential impacts of future development of sensitive areas in
the City that would otherwise be affected by development at greater densities" (LU-33).
The RR2 zone serves as a transition from the RR1 by encouraging "the development of
lower density single-family detached homes" (LU-33) with 12 acre minimum lot sizes. The
subject property is relatively flat, lacks sensitive vegetation and is otherwise absent of any
other apparent topographic constraints, except the westerly landscaped slope.
Conclusion: The site characteristics of this property are more consistent with the lower
lying RR-2 properties to the east than with the sloping RRl properties to the west. From
this standpoint, applying the RR2 land use and zoning designation to the subject property
is justified. Rezoning the project site to RR2 from RRl would result in a continuous RR2
zone for the residential properties in the vicinity and maintain the undeveloped larger
properties to the west as RRl.
The possibility of further subdivision of the project site (1.44 acres) is estimated to yield one
additional lot when considering the minimum net lot size of 21 ,500 square feet as required by
the RR2 zone. Because the project site is already improved with a single family home (built
in 1980) and the application is a land use change from RRl to RR2, the change in land use
designation as proposed would not significantly impact the surrounding residential
neighborhood since the existing use will remain the same.
The changes proposed for the General Plan support the relevant goals and policies set forth in
the General Plan and Local Coastal Program Land Use Plan. The City Council finds that the
amendment application is consistent with the intent and purposes of the General Plan and
Local Coastal Program Land Use Plan.
B. That the proposed amendments conform to the California Coastal Act of 1976.
Case No. 06-142 GPNLCPA/ZA - 460 Orpheus Avenue (APN 256-301-06)
Facts: The California Coastal Act requires each city to adopt a Local Coastal Program to
protect coastal resources and to manage coastal development. The City of Encinitas General
Plan and the City of Encinitas Local Coastal Program are included as a single document. To
that end, the City of Encinitas Local Coastal Program contains the City's land use
designations and zoning classifications for the Coastal Zone, and the various specific plan
areas that implement both the General Plan and the Local Coastal Program Land Use Plan.
Discussion: The combined General Plan and Local Coastal Program of the City of Encinitas
aids implementation of the objectives and policies of the California Coastal Act of 1976
within the Coastal Zone by identifying the kinds, location, and intensity of land uses, the
applicable resource protection and development policies and regulations. The proposed
amendments are consistent with the existing General Plan and Local Coastal Program Land
Use Plan.
Conclusion: The amendment application seeks to reconcile the existing land use (single
family home) with the underlying General Plan land use designation and zoning
classification (Residential 3). The changes proposed for the General Plan support the
relevant goals and policies set forth in the General Plan and Local Coastal Program Land
Use Plan. Since the project site has been a residential land use before and after the
adoption of the city's Local Coastal Program, the proposed amendments will not affect
resource protection or development policies and regulations of the underlying land use
designations and land use classifications. The City Council finds that the amendment
applications conform to the California Coastal Act of 1976.
Case No. 06-192 GPNLCPNZA - 2102 Colony Terrace (APN 259-192-15)
Facts: The California Coastal Act requires each city to adopt a Local Coastal Program to
protect coastal resources and to manage coastal development. The City of Encinitas General
Plan and the City of Encinitas Local Coastal Program are included as a single document. To
that end, the City of Encinitas Local Coastal Program contains the City's land use
designations and zoning classifications for the Coastal Zone, and the various specific plan
areas that implement both the General Plan and the Local Coastal Program Land Use Plan.
Discussion: The combined General Plan and Local Coastal Program aids implementation of
the objectives and policies of the California Coastal Act of 1976 within the Coastal Zone by
identifying the kinds, location, and intensity of land uses, the applicable resource protection
and development policies and regulations. The proposed amendments are consistent with the
existing General Plan and Local Coastal Program Land Use Plan.
Conclusion: The amendment application seeks to reconcile the existing land use (single
family home) with the adjacent General Plan land use designations and zoning
classification (Rural Residential 2). The changes proposed for the General Plan support
the relevant goals and policies set forth in the General Plan and Local Coastal Program
Land Use Plan. Since the project site has been a residential land use before and after the
adoption of the city's Local Coastal Program, the proposed amendments will not affect
resource protection or development policies and regulations of the underlying land use
designations and land use classifications. The City Council finds that the amendment
applications conform to the California Coastal Act of 1976.
C. That the proposed amendments are consistent with the coastal resource planning
and management policies of Chapter 3 of the California Coastal Act of 1976.
Case No. 06-142 GP NLCP NZA - 460 Orpheus Avenue (APN 256-301-06)
Facts: The California Coastal Act requires each city to adopt a Local Coastal Program to
protect coastal resources and to manage coastal development. The City of Encinitas General
Plan and the City of Encinitas Local Coastal Program are included as a single document. To
that end, the City of Encinitas Local Coastal Program contains the City's land use
designations and zoning classifications for the Coastal Zone, and the various specific plan
areas that implement both the General Plan and the Local Coastal Program Land Use Plan.
Discussion: The combined General Plan and Local Coastal Program of the City of Encinitas
aids implementation of the objectives and policies of the California Coastal Act of 1976
within the Coastal Zone by identifying the kinds, location, and intensity of land uses, the
applicable resource protection and development policies and regulations. The proposed
amendments are consistent with the existing General Plan and Local Coastal Program Land
Use Plan.
Conclusion: The amendment application seeks to reconcile the existing land use (single
family home) with the underlying General Plan land use designation and zoning
classification (Residential 3). The changes proposed for the General Plan support the
relevant goals and policies set forth in the General Plan and Local Coastal Program Land
Use Plan. Since the project site has been a residential land use before and after the
adoption of the city's Local Coastal Program, the proposed amendments will not affect
resource protection or development policies and regulations of the underlying land use
designations and land use classifications. The City Council finds that the amendment
applications conform to the California Coastal Act of 1976.
Case No. 06-192 GPNLCPNZA - 2102 Colony Terrace (APN 259-192-15)
Facts: The California Coastal Act requires each city to adopt a Local Coastal Program to
protect coastal resources and to manage coastal development. The City of Encinitas General
Plan and the City of Encinitas Local Coastal Program are included as a single document. To
that end, the City of Encinitas Local Coastal Program contains the City's land use
designations and zoning classifications for the Coastal Zone, and the various specific plan
areas that implement both the General Plan and the Local Coastal Program Land Use Plan.
Discussion: The combined General Plan and Local Coastal Program aids implementation of
the coastal resource planning and management policies of the California Coastal Act of 1976
within the Coastal Zone. The proposed amendments will not impair the City's ability to
protect and manage coastal resources consistent with the policies of Chapter 3 of the
California Coastal Act of 1976.
Conclusion: The amendment application seeks to reconcile the existing land use (single
family home) with the adjacent General Plan land use designations and zoning
classification (Rural Residential 2). The changes proposed for the General Plan support
the relevant goals and policies set forth in the General Plan and Local Coastal Program
Land Use Plan. Since the project site has been a residential land use before and after the
adoption of the city's Local Coastal Program, the proposed amendments will not affect
resource protection or development policies and regulations of the underlying land use
designations and land use classifications. The City Council finds that the amendment
applications conform to the California Coastal Act of 1976.
EXHIBIT "A-2"
CITY COUNCIL RESOLUTION NO. 2007-34
Summary of Text, Table, and Figure Amendments to the General Plan
I. Amendments to the General Plan Text
A. Amend paragraph 5, page LU-52 of the Land Use Element of the Encinitas
General Plan to read as follows:
...The entire Planning Area, ifit were developed to mid-range capacity,
would have an estimated 26,355 26.357 housing units representing an
increase of approximately 7;-J9{) 7.392 units over the existing number.
B. Amend paragraph 1, page LU-53 of the Land Use Element of the Encinitas
General Plan to read as follows:
.. .Assuming an average household size of 2.52 persons in the year 2010 and
mid-range density for each residential land use category is achieved, an
estimated 66,114 66.416 persons would be living in the planning area.
C. Amend Population Growth paragraphs on pages H-15 of the Housing
Element of the Encinitas General Plan to read as follows:
... Under land use buildout at mid-range densities, the General Plan would
accommodate a total of approximately 26,355 26.356 dwelling units,
supporting an estimated population of 66,119 66.416 persons. With the
mid-range density buildout, the total of 26,385 26.356 housing units
represents an additional7;-J9{) 7.391 units (39 % increase) which can be
added to the City's existing (1987) stock. The estimated mid-range buildout
population of 66, 191 66.416 persons represents an additional 18,004
18.007 persons (35% increase) over the City's 1987 population...
II. Amendments to the General Plan Tables
A. Land Use Element
1. Table 3 - Land Use Distribution and Sphere (Page LU-54) - Reflect the change
of approximately 0.26 acre of land designated Ecological Resource/Open
Space/Park to Residential 3, and 1.44 acres of Rural Residential 1 to Rural
Residential 2.
2. Table 7 - Distribution of Land Use: Old Encinitas (Page LU-72) - Reflect the
change of approximately 0.26 acre of land designated Ecological Resource/Open
Space/Park to Residential 3.
Because ofthe size of the project site (0.26 acre) and the rounding methods applied,
there will be no change to the existing table, which is not included as part of this
staff report.
3. Table 8 - Distribution of Land Use: Olivenhain (Page LU-76) - Reflect the
change of approximately 1.44 acres of Rural Residential 1 to Rural Residential 2.
B. Housing Element
1. Table 3 - Residential Development Capacity by Community (Page H-17) - Reflect
the change of approximately 0.26 acre of land designated Ecological
Resource/Open Space/Park to Residential 3, and 1.44 acres of Rural Residential 1
to Rural Residential 2.
III. Amendments to the General Plan Figures
A. Land Use Policy Map (Not included with staff report).
Amend the official Land Use Policy Map to reflect the change of approximately 0.26 acre
of land designated Ecological Resource/Open Space/Park to Residential 3, and 1.44
acres of Rural Residential 1 to Rural Residential 2.
B. Figure 5 - Land Use Policy: Old Encinitas (Page LU-73)
Reflect the change of approximately 0.26 acre of land designated Ecological
Resource/Open Space/Park to Residential 3.
C. Figure 6 -Land Use Policy: Olivenhain (Page LU-77)
Reflect the change of approximately 1.44 acres of Rural Residential 1 to Rural
Residential 2.
TABLE 3
LAND USE DISTRIBUTION AND SPHJ::RB1
Land Use Area % of Total Dwelling Units Population
Designation (2) Planning Area (3) (4)
Residential
Rural Residential 2,845 :1% 562 1,416
Rural Residential 1 ~ 917 7'l; 549 1,383
Rural Residential 2 ~1.185 9% ~ ~
Residential 3 14% 1.422 3,788 3.583 9,546
Residential 5 637 5% 2,038 5,136
Residential 8 1,431 11% 7,441 18,751
Residential 11 825 6% 6,270 15,800
Residential 15 130 1% 1,351 3,405
Residential 25 76 1% 1,216 3,064
Mobile Home Park 47 0% 244 615
Commercial
Office-Professional 88 1% 5 13
Local Commercial 11 0\
General Commercial 405 3\ 430 1,083
Visitor-serving 58 0\ 35 88
Commercial
Industrial
Light Industrial 64 0\
Public
Transportation 432 3\
Public Semi-Public 450 3%
Ecological Resource/ 1,206 9\
Open Space/parks
Agricultural Preserve 0 0%
- - 25.351 - 63.883 -
SUBTOTAL 12,693 95\ ~ ~
Encinitas Ranch
Specific Plan' 853 6\ 1,005' 2,533
- - - --...-
TOTAL 13,546 100% 26.356 ~ 66.416 Ii"6'i"'t'M:"
(I) Includes unincorporated area within the Sphere of Influence.
(2) Area is expressed in gross acreage.
(3) Based on net. acreage (gross minus 20\ for ~onstrain~sl and mid-range density for eactl
residential classification, except Within the Encinitas Ranch Specific Plan area, see
Footnote &) . .
(4) Based on 2010 estimate of 2.52 persons per unit (Final.Series 7 Regional Growth Forecasts).
(5) See Table 3a Cor Encinltas Ranch SpeciCic Plan Land Use Distribution SUmmAry.
(6) Baaed on acreage multlplied by mid-range density for each residential classiCication.
Table Amended 7IlOl9l, 1214/91,4/16/92,6/16/92, 1/26/94,6/22/94. 9/lJ/94, 7/16/03 and 8124K)j . 10/10/07
LU-54
**Strikeouts reflect the change of approximately 0.26 acre of land designated
Ecological Resource/Open Space/Park to Residential 3, and 1. 44 acres of Rural
Residential] to Rural Residential 2.
Because of the rounding methods applied as part of the cumulative changes
made to the General Plan since its adoption in ]989, approximate gross
acreages in whole numbers of zoning classifications and the resultant dwelling
units are shown.
TABLE 8
DISTRIBUTION OF LAND USE: OLIVtl:NHAIN AND SPHlUIB*
Land Use Area % of Total Dwelling Units Population
Designation (1) Planning Area (2) (3)
Residential
Rural Residential 2,821 195 67% 117 559 295 1,409
Rural Residential 1 ~ 5% ~ ~
Rural Residential 2 ~ 771 18% 925 ~ 2.33~
Residential 3 8 0% 16 40
Residential 5 0 0% 0 0
Residential 8 0 0% 0 0
Residential 11 0 0% 0 0
Residential 15 0 0% 0 0
Residential 25 0 0% 0 0
Mobile Homes 0 0% 0 0
Commercial
Office-Professional 10 0%
Local Commercial 8 0%
General Commercial 10 0%
Visitor-serving 0 0%
Commercial
Industcial
Light lndustdal 0 0%
Public
Tcansportation 0 0%
Public Semi~Public 0 0%
EcologicaL Resoucce/
Open Space/Parks 432 10%
- -
TOTAL 4,255 100% 1.617 ..J...,...6.l.. 4.075 ..4..-(U.2...
* Includes unincorporated area within the Sphere of Influence.
(1) Area is expre.~sed in gross acreage.
(2) Based on net acreage (gross minus 20% for constraints, and mid-range density for each residential
classification).
(3) Based on 2010 estimate of 2.52 persons per unit (Final seriea 7 Regional Growth Forecasts).
Table Amended 4/16192, 6/16193, 1/18194(93-154 GPA/ElA) . 10/10/07
LU-'16
**Strikeouts reflect the change of approximately 1.44 acres of Rural Residential
1 to Rural Residential 2.
Because of the rounding methods applied as part of the cumulative changes
made to the General Plan since its adoption in 1989, approximate gross
acreages in whole numbers of zoning classifications and the resultant dwelling
units are shown.
TABLE 3
RESIDENTIAL DEVELOPMENT CAPACITY BY COMMUNITY
Commun~ty Mid-Range
Population
Cardiff 12,780
Leucadia/Sphere 14,137
New Encinitas/Sphere 22,030
Old Encinitas/Sphere 13,397
Olivenhain/Sphere 4,075
Mid.'Range
Du Ca acit
5,071
5,610
8,742
5,316 +3,701
~ + 522
1.617-
26 18,007
Net Increase (1)
Nurr.be r
of Units
+1,256
+1,102
+3,470
+1,186
~
377
o
City 66,419
(1) Exist~ng - 1986 SANDAG
26.356
Source: Cotton/Beland/Associates, Inc., 1987.
7.391
Table Amenqed 7/10/91, 12/4/91, 4/16/92, 6/16/93, 1/26/94, 6/22/94,
9/21/94, 7/16/03, and 8/24/05. .10/10/07
**Strikeouts reflect the changes made to Table 3 (Land Use Distribution and
Sphere) and Table 8 (Distribution of Land Use: Olivenhain and Sphere).
Because of the rounding methods applied as part of the cumulative changes
made to the General Plan since its adoption in 1989, approximate gross
acreages in whole numbers of zoning classifications and the resultant dwelling
units are shown.
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&3
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~.~
il!:2
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g~
:;:;1l:
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$~
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