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Resolution 1989-17 Adopting General Plan RESOLUTION NO. 89-17 A RESOLUTION OF THE CITy COUNCIL CITY OF ENCINITAS, ADOPTING THE GENERAL PLAN (FILE 88-001-Gp) WHEREAS, the City of Encinitas, California, incorporated on October 1, 1986; and WHEREAs, the City Council of the City of Encinitas established as a priority the creation and adoption of a new comprehensive General Plan for the City; and WHEREAS, the City pursuant to California Government Code Section 65300 ~, has executed a comprehensive program to create a General Plan; and WHEREAS, said program pursuant to California Government Code Section 65351 has included substantial involvement and direction by citizens; local, State and federal public agencies; public utilities; and community groups, through written correspondence, meetings, public workshops, meetings of a citizen's general plan committee, written surveys, and public hearings; and WHEREAS, the Planning Commission of the City of Encinitas for purposes of the General Plan engaged in joint public workshop sessions with City council on october 22, October 29, November 5, and December 3, 1987, and January 28, February 11, February 19, and February 25, 1988; conducted Commission workshops on May 14 and May 17, 1988; conducted duly advertised public hearings on May 24, May 31, June 6, June 20, and June 29, 1988; and conducted deliberations for recommendations to City Council on June 14, June 20, June 29, July 6, August 23, September 20, and October 25, 1988, and February 9, 1989; said recommendations then being transmitted in writing to the City Council; and WHEREAS, the City Council for purposes of the General Plan program conducted joint workshop sessions with the Planning Commission on October 22, October 29, November 5, and December 3, 1987, and January 28, February 11, February 19 and February 25, 1988; conducted a study session on July 22, 1988; conducted duly advertised public hearings on July 18, July 26, August 1, August 3, August 9, August 22, and September 7; 1988, and January 28, January 31, and February 1, 1989; and conducted deliberations on April 13, April 20, August 29, August 30, September 6, September 10, September 13, September 17, September 27, October 6, October 8, October 11, October 15, October 17, October 20, October 22, October 29, and November 2, 1988, and February 14, February 16, February 22, and March 8, 1989; and WHEREAS, pursuant to California Public Resources Code Sec. 21000 et. seq. and State and local Guidelines for the implementation of the California Environmental Quality Act, an environmental impact report has been prepared for the adoption of the proposed General Plan; per City Council Resolution 89-16 the final envirornnental impact report has been received, reviewed, and certified as complete and accurate; and the City Council has considered the information therein as part of the body of information and public input prior to the adoption of the proposed General Plan; and WHEREAS, per the certified final environmental impact report, measures are incorporated in the proposed General Plan which will avoid significant negative environmental impacts in all areas of the environment except air quality; negative air quality impacts are not mitigable for the proposed General Plan, and therefore, pursuant to Sections 15091, 15092 and 15093 of the State CEQA Guidelines, adoption of the proposed plan must be accompanied by a Statement of Overriding Considerations and associated findings; and WHEREAS, per California Governmen~ Code Sec. 65352 the proposed General Plan has been referred and made available to the following entities: the County of San Diego; cities abutting and in the general vicinity of the City of Encinitas planning area; all school districts, water and sewer districts, public utilities, and other special districts providing service within the planning area; the North San Diego County Transit District; the San Diego County Local Agency Formation Commission; the San Diego Association of Governments; the California Coastal Commission; the California Department of Transportation; and other State and federal agencies with lands or jurisdiction within the planning area; and WHEREAS, pursuant to State Government Code Section 65585, the State Department of Housing and COmmunity Development reviewed a preliminary draft of the proposed Housing Element; by letter dated June 10, 1988, the Department provided comments and suggestions for modification of the Element; and changes pursuant to those suggestions have been incorporated into the final proposed Housing Element; and WHEREAS, based on public testimony and comment, input by public agencies, environmental analysis, and Planning Commission and council deliberations, changes have been incorporated into the final proposed General Plan; and WHEREAS, pursuant to California Government Code Secs. 65301, 65302, 65303, 65560, 65580, the final proposed City of Encinitas General Plan, dated March 17, 1989, consists of a Land Use Policy Map and the following elements: Land Us~, Housing, Circulation, Public Safety, Resource Management (satisfying Government Code requirements for Open Space and Conservation elements), Recreation, and Noise; and WHEREAS, policies 2.1, 3.1, Goal 4, and Policy 4.1 of the proposed Land Use Element will operate to limit the number of housing units which may be constructed on an annual basis; pursuant to California Government Code Section 65302.8, findings justifying said policies attached hereto as Attachment A are incorporated herein; and WHEREAS, the final proposed General Plan and all of its constituent parts are found to be integrated, internally consistent and compatible; and WHEREAS, California Government Code Sec. 65400(b) requires an annual report to City Council on the status of the General Plan and progress in its implementation; this annual report will monitor the mitigation of environmental effects per the analyses of the final EIR; and W~.EREAS, the above conclusions are supported by records on file in the offices of the Community Development Department and the City Clerk of the City of Encinitas, file 88-001-GP: NOW, THEREFORE, BE IT RESOLVED by the'City Council of the City of Encinitas, as follows: 1. The findings on Housing Limits pursuant to State Government Code Section 65302.8 attached hereto as Attachment A are hereby made, and incorporated into this action of adoption. 2. Per the provisions of the California Government Code, the documents attached hereto as Attachments C and D are hereby adopted and effective as the General Plan of the City of Encinitas. 3. The Statement of Overriding Considerations attached hereto as Attachment B is hereby incorporated into this action of adoption. PASSED AND ADOPTED this 29th day of March, 1989, by the following vote, to wit: AYES: Gaines, Omsced, Shea, Slacer NAYS: Hano ABSENT: None ABSTAIN: None Anne Omsted, Mayor of the City of Encinitas, California ATTEST: E. JAN~OOL, City Clerk ATTACHMENT A CITY COUNCIL RESOLUTION NO. 89-17 FINDINGS ON HOUSING LIMITS Pursuant to California Government Code Sec. 65302.8, the limit in the General Plan to the number of residential dwelling units for which building permits may be issued annually is justified based on the following: 1. The annual limit is a yearly average of the total build-out potential for residential dwelling units over the lifetime of the Plan. The re-calculation of the annual limit each year based on the remaining undeveloped number of units over the remaining number of years assures that the full potential number of units can be achieved. Over the Plan lifetime, then, there should be no reduction in housing opportunities based on the total number of housing units built. (Ref. Land Use Element, policy 4.1, Attachment D). 2. The City's appropriate share of the r~gional need for housing, as established by the San Diego Association of Governments, is incorporated and described in the Housing Element of the General Plan. (Ref. Housing Element, p. H-15 et. seg,, Attachment D). 3. The specific housing programs and activities which the City of Encinitas intends to address to fulfill the requirements of Government Code Section 65302(c), to assure that the City can provide its appropriate share of regional housing needs, are also incorporated and described in the Housing Element. (Ref. Housing Element pp. H-16 through H-18 and H-23 through H-30). The Land Use and Housing Elements arm designed to be mutually consistent so that the development potential in the Land Use Element will satisfy the need for housing opportunities established in the Housing Element. (Ref. Land Use Element pp. 26 and 49, Housing Element pp. 10, 11, 12, 22 and 23). 4. The environmental resources available to the City for purposes of achieving housing goals are as fully described in the Housing Element, the final Environmental Impact Report certified by Council Resolution No. 89-16, and the Master · Environmental Assessment document dated October, 1987. These resources include remaining vacant or underdeveloped land planned for residential use under a range of densities; and an existing affordable housing stock which may be rehabilitated and maintained. (Ref. Housing Element pp. 22, 23, and 27). 5. Fiscal resources available to the City for purposes of achieving housing goals are as described in the Housing Element, the final Environmental Impact Report, and the Fiscal Analysis Technical Report document dated February, 1988. These resources include continuing Federal CDBG funding, the 20% housing set-aside from the potential establishment of a City redevelopment project, housing impact fees which may be established pursuant to provisions of the California Government Code for development within the Coastal Zone or development impacting existing mobilehome and trailer parks, and available City general funds. 6. The public health, safety, and welfare are promoted in the application of the annual housing limit as follows: A. Rapid Population Growth During the four-year period prior to incorporation of the City (January 1983 to January 1987) population increased by approximately 35%. (Ref. Housing Element Technical Report). This rapid rate of growth in the Encinitas area created overcrowded and substandard school facilities (Master Environmental Assessment, pp. 14-6 and 14-7; final EIR p. 5.13-4); a severe shortage of parks and recreational facilities (Recreation Element Technical Report); roads which are inadequate to serve new population needs (Circulation Element Traffic Analysis; Master Environmental Assessment pp. 13-1 through 13-11); substandard library facilities (final EIR pp. 5.13-5 through 5.13-8); uncertain future water supplies (Master Environmental Assessment pp. 16-1 through 16-4; final EIR p. 5.15-1); and inadequate solid waste facilities. (Master Environmental Assessment p. 16-6). The City must have the time and breathing space necessary to plan and implement polices and actions which will gradually bring these substandard conditions into conformance with the goals of our General Plan and with our citizens' expectations of "Quality of Life". This is not a process which can be accomplished in a few years but must continue throughout the anticipated 25- year buildout period and possibly beyond. B. Continued Growth Likely It is likely that Encinitas will continue to experience a rapid rate of population growth, given the development pressures present in the coastal regions of Southern California. (Master Environmental Assessment pp. 11-1 and 11-2). C. D~minished Quality of Life and Community Character Rapid growth has resulted in significant adverse effects, some of which are listed below: 1. Overcrowdina of Schools Most schools serving the Encinitas area are overcrowded. Class sizes frequently exceed the desirable teacher-to-pupil ratio. Many students are housed in temporary facilities· Elementary schools are on year-round schedules. (Master Environmental ~sessment, pp. 14-6 and 14-7; final EIR p. 5.13- 2. Roads, Highways and FreewayG Roadways are suffering from increased levels of traffic and inadequate improvements to accommodate the demands of recent rapid growth. Traffic projections for the future continue to escalate and promise decreasing levels of service. (Circulation Element Traffic Analysis; Master Environmental Assessment pp. 13-1 through 13-11). 3. Ware ~ Encinitas depends almost entirely on imported water. Water supplies are not guaranteed for the future of Southern California. Residents in the past have been notified to curtail water use due to rapid growth and semi-drought conditions. Water agencies which serve the City are considering additional storage facilities to serve the rapidly growing population. (Master Environmental Assessment Pp. 16-1 through 16-4; final EIR p. 5.15-1). -Air quality in the San Diego area does not comply with State and Federal Air Quality standards. San Diego has failed to comply with Federal standards since 1971. Continued rapid growth will prevent standards from being achieved in the future, thereby continuing to deprive our citizens of the right to live in a clean, healthful environment. (Master Environmental Assessment, pp. 3-2 through 3-5; final EIR pp. 5.2-1 through 5.2-3). 5. Parks and ODen SDacm The lack of neighborhood and community park acreage in. t~e City of Encinitas has become critical. Exlstlng acreage is approximately 39.82. National Recreation and Park Standards recommend that a city with a population of 52,000 should have between 52 and 104 acres of neighborhood park land and between 260 and 416 acres of community park land. Using these nationally recognized standards put the City's deficit at 312 to 520 park acres. Open space now consists largely of undeveloped parcels of land. Continued growth could preclude the City's ability to acquire open space for the future enjoyment of the City's residents. (Master Environmental Assessment, p. 19-1; Recreation Element Technical Report; Resource Management Technical Report). 6. Libraries A study of National Standard for libraries reveals that the city of Encinitas should have 30,810 square feet of library space. The city currently has 5,640 square feet. The existing deficit is 25,170 square feet. (Final EIR pp. 5.13-5 through 5.13-8). 7. Recreational Facilities As a result of the shortage of park acreage, the City is also suffering from a lack of recreational facilities within its park system. The deficiencies include 10 badminton courts, 9 basketball courts, 2 handball courts, 50 tennis courts, 51 volleyball courts, 10 baseball diamonds, i football field, 4 soccer fields and 10 softball fields. These deficiencies were determined by using National Recreation and Parks Association Standards. There is also an identified ne~d for a senior citizen center cultural center and teen-age activity center. (Recreation Element Technical Report). 8. Sewers and Waste Manaaement As a result of growth, all three agencies which provide sewer service to the City are now facing the necessity of constructing new, larger facilities and increasing fees to customers. The County has little landfill space left in the current facilities in North San Diego County and is searching for new landfills as well as considering the option of trash burning facilities, which will increase the air pollution in the North County area and increase the costs to residents of the City. (Master Environmental Assessment pp. 16-5 and 16-6). D. Rapid Growth Precludes Meaninaful Public Input Uncontrolled growth may exceed the city's ability to obtain meaningful public input on proposed projects and could make it impossible for decision making bodies to render contemplated decisions. E. Deterioration of Qualitv of Life in County Throughout San Diego County, the "quality of life" is deteriorating as a result of rapid growth. Specifically, rapid growth is causing: 1. Unmanageable traffic congestion. 2. Permanent loss of open space and environmentally sensitive lands. 3. Higher taxes, fees and utility rates to subsidize growth. 4. Increased air, water and noise pollution. 5. Crowding, congestion and increased crime. 6. The overburdening of public services, facilities and infrastructure such as water, jails, parks, libraries, schools, sewer facilities, roadways and waste facilities. 7. A decline in the beauty and open feeling of San Diego County and a consequent increase in psychological stress. By utilizing methods of growth control, cities and the County may buy the time necessary to develop technologies and financing to solve these problems before being buried by them. F. Need for LonG-Term Planning for'the Futura A Growth Management Program which includes a projected buildout figure will allow the City and other service agencies the ability to plan and implement policies and actions which will preserve the quality of life and community character of the City. A projected ultimate population figure will allow all our services and facilities t~ be sized and constr~cted to accommodate our needs of the future while protecting against the costly overextension of facilities. It will also eliminate the costs of short-sighted facility expansion. G. Permanent Damaqe to Character and Oualit¥ of Lif.' Residents of the City were attracted here and reside in this City because of the small-town, semi-rural character of the various communities which make up the City. The retention of community character and quality of life were important issues in the incorporation of the City. Excessive ultimate population in the City will result in permanent unavoidable damage to the small town character and quality of life to which the City is committed. (General Plan Introduction, pp. I-1 through 1-15; correspondence received and on file; General Plan community issues survey; issues identification by Community Advisory Boards; and appendix, community character statements). H. Permanent Damaqe to Natural Resources and Wildlif,. As growth occurs, natural resources are inevitably impacted and wildlife diminished. Excessive ultimate population in the City will result in permanent unavoidable damage and destruction to natural resources and wildlife within the City and the planning area. (Resource Management Technical Report). I. Potential Damaqe to Economic Health Without a controlled balance of land uses and regulation of ultimate population, the healthy economic future of the City cannot be assured. Residential growth which outstrips the balance of land uses which help to provide services and facilities can result in a serious shortfall of funds necessary to deliver services and facilities needed by the residential areas. (Fiscal Analysis Technical Report). J. Potential Damaqe to Health. Safety and Welfare Excessive ultimate population in the city will result in permanent unavoidable damage to the health, safety and welfare of the citizens of Encinitas. (Ref. above findings). K. Transportation Problems and Stress The capacities of transportation systems of the City and the County have been exceeded, or are reaching capacity, causing the systems to be neither safe nor efficient. Traffic congestion which exceeds a reasonable level of service increases the risk of traffic accidents, hinders or blocks the passage of public safety vehicles, causes or contributes to air pollution, wastes, fuel, degrades the economy, contributes to lost productivity and promotes stress both on the roadways and off, and generally degrades the quality of life within the County and the City. By controlling growth within the City, the City is contributing directly toward an alleviation of these problems in the future, both within the City and in the neighboring communities. (Circulation Element Traffic Analysis; Master Environmental Assessment pp. 3- 2 and 13-1 through 13-11). L. Community Preservation Residential and commercial uses must be balanced during growth. Without a controlled balance of land uses and regulation of rate of growth, the healthy economic future of the City, as well as the quality of life and small- town characteristics, cannot be assured. (Fiscal Analysis Technical Report; and note above references to sources re: quality of life). ATTACH~4ENT B CITY COUNCIL RESOLUTION NO. 89-17 STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act requires that decision- makers balance the benefits of a proposed project against its unavoidable environmental risks. If benefits outweigh unavoidable adverse effects, the adverse effects may be considered acceptable. The final Environmental Impact Report for the proposed Encinitas General Plan finds that policies and measures incorporated in the Plan and its implementing Zoning Code address environmental concerns, and when implemented will act to avoid significant negative impacts for all aspects of the environment except air quality. In fact, as detailed in the Plan and the EIR, the Plan is specifically designed to protect significant environmental resources with development, while insuring an adequate and safely- functioning infrastructure. Negative air quality impacts are found to be unmitigable to non-significance, even while Plan provisions substantially reduce these impacts from a ~reater level of severity if those Plan provisions did not apply. (Ref. final EIR pages 5.2- 1 through 5.2-3). The proposed General Plan is analyzed as environmentally preferable to other possible project alternatives (ref. final EIR pages 6-1 through 6-3), including the San Dieguito Community Plan which was the previously-effective plan for this area. The "no project" alternative is theoretically environmentally superior, and would address the identified air quality impact; however, the no-project alternative is not feasible in that it would entail broad-based 'condemnation and public acquisition of land, beyond the means and intent of the City. The lower residential development would not reduce air quality impacts to non-significance, and could create negative housing impacts by keeping the City from attaining its identified housing goals and its appropriate share of regional housing resources. In sum, the proposed Plan is the environmentally superior alternative for those alternatives which are feasible. Changes have been incorporated in the final proposed General Plan which address environmental concerns identified in the final EIR. The selection of roadway network alternative N2 in the final Plan as discussed in the October 25, 1988 EIR Addendum reduces circulation, natural resource, land use, and biological impacts associated with the earlier proposed circulation plan. The concurrent change in designation of Santa Fe Drive between I-5 and E1 Camino Real from the Major to the Augmented Local classification reduces noise, land use and neighborhood character impacts to non- significance (fEIR page 5.12-2). The following benefits to be achieved from the adoption of the General Plan and application of its implementing measures including the Zoning Code are cited: Housing opportunities which would not be addressed through either project alternatives will be made available, as outlined in the Housing Element. The provision and enjoyment of public parks and open space will be made available, per the standards and programs outlined in the Recreation Element. Economic revitalizati · . . un o~ exls=lng commercial districts of the City is to be achieved, together with enhancement of City revenues and fiscal resources, as provided by policies and programs in the Land Use Element, and demonstrated in the Fiscal Analysis Technical Report. Protection of desirable community character and qUality of life available within the City's communities is to be provided, which other project alternatives do not offer. Protection of .natural resources and cultural resources is provided by the Plan and its implementing programs, to an extend exceeding other project alternatives. The proposed Plan and its implementation will insure a safe and functional circulation system, in balance with planned land use. Regarding the remaining significant air quality effects, then, the following finding is made: 1. Air Quality - Specific considerations make infeasible the complete mitigation or avoidance of this impact. Only the "no-project,, alternative theoretically reduces cumulative negative air quality impacts to non-significance in this non- attainment region as defined by Federal air quality standards. This alternative No ..... as. found to be impractical and infeasible. n~ne~ss, provisions of the proposed Plan do reduce .quall~y impacts by controlli ............. air · ~ ~uw~n ~nu providing £or a zunctlogal circulation system balanced with planned land (Ref. final EIR pp. 5.2-1 through 5.2-3 and 6-1). use.