HomeMy WebLinkAboutAP 76-01A; Car Country Expansion; Agricultural Preserves (AP) (3)GEORGE DEUKMEJIAN, Gov»morSTATF C." CALIFORNIA—THE RESOURCES AGEN
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
1333 CAMINO DEI RIO SOUTH, SUITE 125
SAN DIEGO, CA 92108-3520
(619) 297-9740 CITY OF CARLSBAD LOCAL COASTAL
MAJOR AMENDMENT 1-88
The California Coastal Commission has received a request to amend the City of
Carlsbad Local Coastal Program (LCP). A public hearing on the amendment., '-'
request by the Coastal Commission has been scheduled at the time and location
stated below. Any persons wishing to attend the hearing and present testimony
are so invited.
I. HEARING TIME AND LOCATION
DATE and TIME:
C
JjjQQ a.m.f Wednesday
December 14, 1988"""^
LOCATION: Holiday Inn Financial District
750 Kearny Street
San Francisco, CA
II. HEARING PROCEDURES
At the time of the public hearing, the staff of the Commission will make a
brief oral presentation to the Commission. Immediately following the
presentation of the staff, a representative or representatives from the City
of Carlsbad may address the Commission regarding the local coastal program
amendment. Upon conclusion of the City's presentation, interested members of
the public and agencies will have an opportunity to address the Commission and
comment on the proposed amendment. The Commission will then close the public
hearing; and, since there are preliminary recommendations and findings
prepared for the Commission, the Commission may take final action on the
amendment request at this time.
III. BACKGROUND
The Carlsbad Local Coastal Program consists of six geographic segments.
Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the
Coastal Commission prepared and approved two portions of the LCP, the Mello I
and II segments in 1980 and 1981 respectively. However, the City of Carlsbad
found several provisions of the Mello I and II segments unacceptable and
refused to adopt the LCP implementing ordinances for the LCP. In October of
1985, the Commission approved major amendments to the Mello I and II segments
which resolved the major differences between the City and the Coastal
Commission.
The major amendments involved the certified land use plan's provisions for the
protection of sensitive steep slope areas and agricultural preservation. The
City then adopted the LCP segments and began working towards effective
certification of all segments of its Local Coastal Program. The subject
amendment request involves the 500+ acre property, known as the^^»||?sfrvef
it is located within the Mello II segment of the City's local coasfal^prbgram.
IV. AMENDMENT REQUEST
The subject amendment request represents a step in the City's ongoing process
IMPORTANT PUBLIC HLARING NOTlCt
City of Carlsbad LCP Amendment 1-88
Page 2
of achieving consistency between its General Plan, zoning ordinances and Local
Coastal Program. The City has recently approved various General Plan
amendments and changes to the City zoning maps for the 500+ acre area, known
as the Ecke Reserve or Carltas Property. The changes resulted in a
realignment of the boundaries delineating the areas of the site designated for
agricultural and urban uses, under a mixed use option for the property
afforded in the LCP. The changes also modified the underlying land use
designations for the identified developable areas and introduced various
mitigation requirements into the text of the General plan aimed at long term
preservation of the agriculturally-designated lands. These changes were
accompanied at the local level by corresponding zoning map changes.
At the same time, the City adopted a resolution to forward to the Coastal
Commission a request to amend the Local Coastal Program in a manner similar to
the General plan and zoning changes adopted for the property. The LCP
amendment request would result in the same realignment of agricultural and
urban boundaries allowed under the mixed use option and would apply new
underlying land use designations for the Ecke Reserve. It should be noted
that while the areas of the site wherein urban development is allowed would
change with the amendment request, the overall acreage devoted to agricultural
uses and urban uses would not be modified. Areas to be redesignated from
agricultural to urban use would be offset by areas of corresponding size being
redesignated from an urban to an agricultural designation. The LCP amendment
request also includes modifications of the text of the Hello II segment land
use plan to incorporate the agricultural preservation and mitigation policies
that the City found to be appropriate to accompany the land use exchange.
V. AVAILABILITY OF STAFF REPORT
The staff recommendation has been pr .-ed for the Commission on the proposed
amendment request. If you would likw :he full text of the staff
recommendation, call or write the San Diego District Office of the Coastal
Commission and request the "City of Carlsbad LCP Amendment Request Staff
Report". A copy will be mailed to you promptly. Questions regarding the
report or hearing procedures should be directed to Adam Birnbaum. Coastal
Planner at (619) 297-9740.
(4016A)
STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
1333 CAMINO DEI RIO SOUTH, SUITE 125
SAN DIEGO, CA 92108-3320
(619) 297-9740
Filed:
49th Day:
180th Day:
Staff:
Staff Report:
Hearing Date:
August 29, 1988
October 17, 1988
February 26, 1989
MP-SO
September 29, 1988
October 11-14, 1988
REGULAR CALENDAR
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-88-410
Applicant: Carltas Development Company Agent: Kahr and Associates
Description:Resubdivision of three existing parcels into nine lots including
one open space lot. Development of site with improvements for
future development including approximately 2,300 linear feet of
52-foot wide street from Palomar Airport Road to Paseo del
Norte; approximately 193,000 cubic yards of grading with 6,000
cubic yards of import material; and, utilities.
Lot Area
Pavement Coverage
Undeveloped Area
Zoning
Plan Designation
56.2 acres
172,500 sq. ft. (7X)
52.2 acres (93X)
LC, PM-Q, OS, R-P
Pl/OS/TS-0
Site:South side of Palomar Airport Road, approximately 750 feet east
of Paseo del Norte, Carlsbad, San Diego County. APN 211-040-08,
-09, and -12.
Substantive File Documents: City of Carlsbad Local Coastal Program (Mello II
segment - certified); Coastal Development Permits Nos. 6-84-518
(Grupe), 6-87-680 (Hunt Properties), 6-88-40 (City of Carlsbad),
6-88-124 (Huntington Beach Company)
STAFF NOTES:
Summary of Staff's Preliminary Recommendation:
Staff is recommending approval of the proposed project with special
conditions which require removal of all proposed grading from wetland or
floodplain areas, require the provision of enhanced buffer areas adjacent to
wetland areas, and require the restoration and enhancement of an area adjacent
to the existing wetland resources. Also required 1s the provision of open
space easements over the wetland and floodplain areas and associated buffers
on the site, and the submission of drainage and erosion control plans.
6-88-410
Page 2
PRELIMINARY STAFF RECOMMENDATION;
The staff recommends the Commission adopt the following resolution:
I. Approval with Conditions.
The Commission hereby grants a permit for the proposed development, subject to
the conditions below, on the grounds that the development, as conditioned,
will be in conformity with the adopted Local Coastal Program, and will not
have any significant adverse impacts on the environment within the meaning of
the California Environmental Quality Act.
II. Standard Conditions.
See attached page.
III. Special Conditions.
The permit is subject to the following conditions:
1. Revised Plans/Wetland Buffer. Prior to the issuance of the coastal
development permit, the applicant shall submit revised grading plans for
review and approval in writing by the Executive Director. Said revised plans
shall show a revision to the proposed fill slope on Lots 6, 7, and 8 so that
no grading occurs in the mapped wetland area or within the 100-year
floodplain. The revised plans shall also be subject to the approval of the
City of Carlsbad.
The revised plans shall also show the revegetation of the entire proposed fill
slope identified above with coastal sage scrub plant community species. On
the proposed building lots (Lots 6,-7, and 8)r-a-ten-foot setback from the top
of the finished slope will be provided for all future permanent development
(i.e., parking or buildings). This setback area shall be landscaped and a
three-foot high fence shall be provided at the top of the slope. The fence
shall be of such a design to allow for the passage of small animals.
2. Open Space Deed Restriction. Prior to the issuance of the coastal
development permit, the applicant shall record a restriction against the
subject property, free of all prior liens and encumbrances, except for tax
liens, and binding on the permittee's successors in Interest and any
subsequent purchasers of any portion of the real property/The restriction
shall prohibit any alteration of landforms, removal of vegetation or the
erection of structures of any type without 'the written approval of the
California Coastal Commission or its successor in interest in the areas shown
on attached Exhibit "B." The areas subject to this restriction are generally
described as the proposed open space lot (Lot 9) and any adjacent wetland and
required buffer area; and, the floodplain, wetland, sensitive habitat, and
buffer areas of the proposed "remainder lot." The recording document shall
include legal descriptions of both the applicant's entire parcel(s) and the
restricted area, and shall be in a form and content acceptable to the
Executive Director. Evidence of recordation of such restriction shall be
6-88-410
Page 3
subject to the review and written approval of the Executive Director.
3. Drainage and Erosion Control.
A. Submlttal of Plans. Prior to the issuance of the coastal
development permit, the applicant shall submit, for the review and written
approval of the Executive Director, a drainage and erosion control plan for
the project, including associated roads and utilities. The plan shall be
prepared and reviewed in accordance with the 1980 Master Drainage Plan for the
City of Carlsbad, including the Model Erosion Control Ordinance contained in
the plan.
Said plans shall include:
1. A runoff control plan designed by a licensed engineer qualified in
hydrology and hydraulics, which would assure no increase in peak runoff
rate from the developed site over the greatest discharge expected from the
existing-undeveloped site as a result of a 10-year, 6-hour frequency
storm. Runoff control shall be accomplished through any combination of
necessary measures including, but not limited to, on-site catchment
basins, detention basins, siltation traps and energy dissipators.
2. Detailed maintenance arrangements and alternatives for providing the
on-going repair and maintenance of any approved drainage and erosion
control facilities. If the off-site or on-site improvements are not to be
accepted or maintained by a public agency, detailed maintenance agreements
binding the applicants and their successors in interest shall be secured
prior to the issuance of the permit. Such agreements shall be subject to
the review and written approval of the Executive Director.
3. A plan for the placement of protective fencing, on a temporary basis,
at the base of the proposed fill slopes adjacent to the wetland area. The
plan shall specifically prohibit operating or parking earth-moving
equipment within or the wetland or "remainder parcel" areas, stockpiling
of material or other disturbance within these areas. The plan shall
provide for the placement of fencing prior to any earthwork, grading or
site clearance. Coastal Commission staff shall inspect the fencing after
it is in place, but prior to commencement of grading, to assure compliance
with the intent of this special condition.
B. Grading Activities. For all phases of construction, the applicant
shall comply with these additional provisions on grading and erosion control:
1. All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any on-site grading activities.
2. All grading activities, including that required for streets and
utilities, shall be prohibited within the period from October 1st to March
31st of each year.
3. All areas disturbed by grading, but not completed during the
6-88-410
Page 4
construction period, shall be planted and stabilized prior to October 1st
with temporary or permanent (in the case of finished slopes) erosion
control measures and landscaping. The use of temporary erosion control
measures, such as berms, Interceptor ditches, sandbagging, filtered
Inlets, debris basins and silt traps, shall be utilized in conjunction
with plantings to minimize soil-loss from the construction site.
Said planting shall be accomplished under the supervision of a licensed
landscape architect and shall consist of seeding, mulching, fertilization
and irrigation adequate to provide 90 percent coverage within 90 days.
Planting shall be repeated, if the required level of coverage is not
established within that 90 day period.
This requirement shall apply to all disturbed soils, including
stockpiles. All planting shall conform to an approved landscaping plan
pursuant to Special Condition No. 4 of this permit. In addition to
revegetation of all manufactured slopes and stock piles, revegetation of
graded pad areas may be required upon a written determination by the
Executive Director that planting is necessary either to assure adequate
erosion and sedimentation control or to maintain the scenic integrity of
the site.
4. Landscaping Plan. Prior to the issuance of the coastal development
permit, the applicant shall submit a detailed landscape plan indicating the
type, size, extent and location of all plant materials and irrigation systems
to be used in the landscaping of the manufactured slopes of the site. Drought
tolerant plant materials shall be utilized to the maximum extent feasible.
The landscape plan shall include the use of plant material suitable to create
an intermittent landscape buffer between the graded pad areas and the
surrounding roadways. Said plan shall be subject to the review and written
approval of the Executive Director,- in consultation with the Department of—
Fish and Game to avoid species which are incompatible with adjacent habitats.
5. Restoration and Enhancement Plan. Prior to the issuance of the coastal
development permit, the applicant shall submit a detailed restoration and
enhancement plan for the area adjacent to the bottom of the fill slope on Lots
6, 7, and 8. Said plan shall be for an approximately 10-foot wide corridor
between the existing salt marsh and the riparian woodlan'd area to the east.
The plan shall indicate the type, size, extent and location of all plant
materials, any proposed irrigation system and other landscape features. The
plan shall include removal of the existing pampas grass and the provision of
riparian woodland habitat. Native plants shall be utilized to the maximum
extent feasible to re-establish the area consistent with its surrounding
character. Said plan shall be submitted to, reviewed by and approved in
writing by the Executive Director, in consultation with the Department of Fish
and Game.
6. Future Street. The "future street" that is shown on the tentative
map, extending from Palomar Airport Road to Paseo del Norte, on the property's
western side, is not approved as part of this project. Any proposal for the
construction of this street would be subject to a separate review by the
6-88-410
Page 5
Commission or Its successor 1n Interest.
IV. Findings and Declarations.
The Commission finds and declares as follows:
-•
1. Proposed Project. The applicant proposes to subdivide and improve an
existing 56-acre site for future development with light industrial buildings.
The proposed subdivision would create seven building lots, one open space
parcel, and one parcel designated as "remainder." The City's approval of the
subdivision indicated that no future development rights were granted to the
"remainder" parcel and that future subdivision and use of that parcel would be
subject to separate City review. The proposed site Improvements include
approximately 2,300 linear feet of 52-foot wide street from Palomar Airport
Road to Paseo del Norte, necessary on-site utilities, and approximately
193,000 cubic yards of grading with 6,000 cubic yards of import material.
The project site and surrounding area are well-described in a site-specific
"Biological Resources Report" prepared by Westec Services, Inc. for the City
of Carlsbad (December 1987). The report indicates that:
"The site currently consists of undeveloped open space. Most of
the northwestern upland section had been cleared of its original
vegetative cover at some time in the past, and about 1.5 acres
along Paseo del Norte has been graded. ... Much of the property
(about 31 acres) occupies the nearly flat floor of Canyon de las
Encinas. The stream channel itself is confined to a narrow bed
below Palomar Airport Road on the east half of the property but
spreads out as it approaches Paseo del Norte. Much of this
lower valley floor was thinly covered by water during the field
surveys and the vegetation growing"there indicates"that the"
ground is permanently wet. The northwestern segment of the
property slopes gently down from Palomar Airport Road, dropping
a little more steeply as it approaches the valley bottom. The
north edge of the east"half~of the~property~is a steep,~~narrow
bank separating Palomar Airport Road from the canyon bottom. At
the east end of the site south of the valley is a rather steep
north-facing slope leading up to a mesa top and a flower farm
off the Carltas property. The principal water source is
agricultural runoff entering through a storm drain under Palomar
Airport Road.
Vegetation associations on the property'... may be divided
between upland associations, growing on slopes, fills, and
clearings, and wetland associations, growing in the valley flooi
on continuously wet soil. Four upland associations may be
distinguished: disturbed mixed chaparral, disturbed coastal sage
scrub, successional coastal sage scrub, and disturbed
vegetation. ... Five wetland habitats may also be distinguished
on the floor of Canyon de las Encinas: fresh-water marsh, salt
marsh, riparian woodland, riparian scrub, and disturbed wetland."
6-88-410
Page 6
The vegetation present on the project site 1s shown on the attached Exhibit
"A."
In their project approval, the City of Carlsbad required that:
The recommendations of the biology report (dated March 2, 1988,
by Westec Services, Inc.) will be followed, and Include:
(1) Sediment basins will be placed in the development areas at
the lower end of drainage ways prior to grading the site.
(2) The approximately 50-foot wide strip between the
development area and the wetland will be revegetated,
preferably with coastal sage scrub species, immediately
after grading, which could allow some Blacktailed
Gnatcatchers to persist.
(3) Graded slopes in the development area will be revegetated
promptly to avoid erosion into the wetland.
(4) Construction equipment will not be parked or operated in
the wetland.
(5) Excess fill or stock-piling will not be placed in the
wetlands area.
(6) Construction limits and wetland habitat will be flagged by
a qualified biologist prior to grading and construction
activity will be monitored by the same to ensure that the
wetlands are not inadvertently degraded.
The City also required that "The tentative map shall be redesigned so that
there are no encroachments into the wetlands."
27~Re 1 ated Pro.iect. ItTApri 1^19887 thei"Commission approved a 7,900-11 near
foot widening of Palomar Airport Road. A portion of the road widening project
was adjacent to this project site. The road project increased the width of
the road from two to four lanes and included a temporary detour road, water
diversion channel, and a mitigation program to compensate for wetland and
riparian impacts. The areas of the road project which impact on the project _
site are indicated on attached Exhibit "B."
The project impacts of the road project were detailed in the staff —
recommendation, as follows:
1. Impacts to riparian woodland, scrub and mesic (marsh)
vegetation within the grading area for the road widening project
(.58 acres)
2. Impacts to riparian woodland and riparian scrub outside
the road widening alignment due to associated construction (.24
6-88-410
Page 7
acres)
3. Impacts to riparian woodland, freshwater marsh/mesic
vegetation from the channel project (.31 acres)
Total - 1.13 acres.
The Commission required that certain aspects of the project be revised to
reduce the habitat Impacts. Additionally, the Commission required that
certain on-sit* mitigation be provided. In approving the project and the
associated mitigation the Commission found:
To offset the impacts on freshwater marsh and riparian
habitat that will occur (even after plan revisions), the
applicant proposes to create a continuous mitigation area
along the south side of the realigned roadway. ... The
mitigation area corresponds to the southerly manufactured
slope of the widened roadway ... Plans, now in a
conceptual, rather than final stage, call for the lower
portions of the new slope and an area at the toe of slope
to be revegetated with fresh water marsh and riparian plant
species. Establishment of the vegetation would be provided
by a temporary irrigation system to be removed after
establishment of the species. The areas where wetland
species would be placed correspond to the extension of
drainage outlets which now run under the roadway and empty
out on the southern side of Palomar Airport Road. ... The
total of the area to be created for revegetation would be
1.73 acres. This would create a replacement ratio of
1.51:1 overall.
The conceptual mitigation program is included as a part of
the subject coastal development permit application.
Pursuant to Coastal Act Section 30231 and 30233, the
Commission does not~generally approve projects~which
involve wetland fill or development within riparian areas.
However, there occasionally occur situations where no
feasible alternative exists and minor wetland fill is
approved subject to mitigation. In these limited number of
cases where such fill has been approved, the ratio for
wetland/riparian mitigation replacement has generally been
set at a 4:1 and 3:1 standard respectively ...
The condition requires the applicant to revise the
mitigation plan to provide new fresh water and riparian
habitat areas at ratios of 4:1 and 3:1 respectively ..;
The special condition also requires the submittal of a
detailed set of plans for the mitigation program. The
plans shall indicate the size, location and method of
species plantings and shall include a mitigation timing
6-88-410
Page 8
schedule to ensure that the mitigation program 1s
Implemented, at a minimum, concurrent with the facility
expansion project. The condition also requires that the
hydrology of the mitigation plan and the Irrigation plan be
modified to ensure that an adequate and consistent source
of water will be made available for the establishment and
continued growth of the plantings within the mitigation
area. This later provision is included in the condition
because, as proposed, the temporary irrigation would serve
only to establish the plant species. After its removal the
only source of water to the proposed riparian areas would
be sheet flow from the very limited area between the top of
the manufactured slope and the plantings themselves. The
detailed plans shall be subject to the review and written
approval of the Executive Director in consultation with the
State Department of Fish and Game.
The areas where the mitigation will occur are also shown are attached ExhibitMB." The importance of this previously approved project to the project
presently before the Commission is that much of the mitigation area is located
within the designated "remainder" parcel. The road widening project also
provides for the establishment of new riparian habitat areas. The continued
existence of these new habitat areas is a subject which is more fully
developed in the detailed mitigation program.
3. Applicable Coastal Act Policies. The Coastal Act policies which are
most applicable to this project are:
Section 30231. The biological productivity and the quality of
coastal waters, streams, wetlands, estuaries, and lakes appropriate to
maintain optimum populations of marine organisms and for the protection of
human health shall be maintained and, where feasible, restored through,
among other means ... controlling runoff, ... maintaining natural
vegetation buffer areas that protect riparian habitats, and minimizing
a Iteration ~of—nature l^streams^; ;
Section 30240. (a) Environmentally sensitive habitat areas shall be
protected against any significant disruption of habitat values, and only
uses dependent on such resources shall be allowed within such areas.
(b) Development in areas adjacent to environmentally sensitive
habitat areas and parks and recreation areas shall be sited and designed
to prevent impacts which would significantly degrade such areas, and shall
be compatible with the continuance of such habitat areas.
Section 30251. The scenic and visual qualities of coastal areas
shall be considered and protected as a resource of public importance.
Permitted development shall be sited and designed to ... minimize the
alteration of natural land forms, to be visually compatible with the
character surrounding areas, and, where feasible, to restore and enhance
visual quality in visually degraded areas.
6-88-410
Page 9
4. Land Alteration Impacts/Protection of Steep Slopes. The certified
Hello II segment of the Carlsbad Local Coastal Program includes provisions for
the preservation of certain steep-sloping hillsides. The applicable policies
of the Mello II segment were modified in 1985 with the certification of major
amendments to the LCP regarding preservation of agricultural lands and
sensitive steep slopes. The amended policies prohibit grading on steep slopes
(25% grade or greater) only if certain species of native habitat are present
on the slopes.
The policy resulting from the certified amendment states:
Grading and Erosion Control
1. For those slopes mapped as possessing endangered
plant/animal species and/or coastal sage scrub and chaparral plant
communities the following language shall apply:...
a) Slopes of 25% grade and over shall be preserved in their natural
state,
The ordinance goes on to allow an exception to this mandate if its application
were to "prohibit a reasonable use of the property". It also allows
encroachment for utilities and roads on the City's Circulation Element and
access roads to developable areas, where no other less environmentally-
damaging alternative exists.
The subject site contains several areas of slopes of 25% grade or greater.
However, of these, only two areas (totalling approximately 11,000 square feet)
are proposed for disturbance and meet the dual criteria of containing both
steep slopes and coastal sage/chaparral habitat. These areas are isolated
from any other steep slope areas containing sensitive native vegetation. In
its review of the project, the City of Carlsbad allowed disturbance, by way of
grading, of the two smaller slope areas which met the provisions of the LCP
for protection. The City's approval did not make any specific findings as to
why this encroachment would be allowed..
The Commission finds the disturbance that is proposed over the small and
isolated areas of steep slopes with sensitive vegetation will not result in an
adverse impact on coastal resources. The area of disturbance would be
approximately 15% of the total steep slope/sensitive vegetation areas on the
site. Additionally, the encroachment that is proposed is offset by the
addition of natural and enhanced open space in the floodplain and wetland
areas elsewhere on the site. Without the inclusion of all floodplain and
wetland areas in an open space easement, there would be less protection for
sensitive habitat areas and greater potential for future uses which are not
consistent with Coastal Act policies or the certified LCP. The Commission
finds the approach which allows some removal of sensitive habitat areas in
combination with the preservation of much larger areas preferable from a
resource preservation standpoint; and, finds this action consistent with the
intent of the certified LCP.
6-88-410
Page 10
Special Condition No. 1 requires that no grading be allowed in either the
wetland areas or within the 100-year floodplain on the site. This action
would be consistent with Coastal Act Sections 30231 and 30253, as well as the
policy of the certified LCP which states that "Within the coastal zone, in the
100-year floodplain, no new or expanded permanent structures or fill shall be
permitted. Only uses compatible with periodic flooding shall be allowed."
However, even if grading is not allowed on significant steep slope areas or
within areas highly susceptible to erosion, such as floodplains, there still
exists a potential for adverse impacts from grading, especially during the
rainy season. For that reason, the City required that certain drainage and
erosion control measures be provided. Additionally, the certified LCP would
not allow grading from October 1 to April 1 of each year, requires that
disturbed areas be revegetated, and that temporary erosion control measures be
provided. Special Condition No. 3 requires that the applicant submit a runoff
and erosion control plan, that there be time-of-season grading limitations,
that disturbed areas be revegetated, and that temporary erosion control
measures be provided. These requirements would also be applicable to the
disturbance that the applicant is proposing on the "remainder" parcel in order
to relocate existing utility lines. In this area, disturbance must be
minimized and the area revegetated following construction. The requirements
of this condition are consistent with the policies of the certified LCP and
also allow the Commission to find that the project, as conditioned, is
consistent with Coastal Act Sections 30231 and 30253.
5. Protection of Sensitive Habitat. The various types of habitat that are
present on the site are described in Section 1 above and are shown on attached
Exhibit "A." The "Biological Resources Report" for the site indicates that:
"The three [vegetation] associations that will be affected
by development are disturbed vegetation, successional
coastal sage scrub, and disturbed coastal sage scrub.
Open, disturbed vegetation is not a sensitive habitat and
the loss of 11.0 acres here is not a significant adverse
impact. Although the successional sage scrub, if left
undisturbed, might eventually regenerate into
higher-quality habitat, the value and sensitivity of the
habitat in its current condition are low, and the loss of
7.7 acres is not a significant adverse impact. The 1.3
acres of coastal sage scrub, although disturbed, are of
biological value primarily for the two sensitive plant and
one sensitive bird species they contain, and so loss of
this area is an adverse impact. However, the two plants
... are of relatively low sensitivity. ... [T]he
gnatcatchers on the Carltas property may not constitute a
viable population and their loss would not be considered a
significant adverse impact.
Because of the adverse impacts on the upland habitats are
not significant, no mitigation for them need be required.
However, as the extent of coastal sage scrub in the City of
6-88-410
Page 11
Carlsbad dwindles Incrementally, the need for preservation
of biologically viable tracts of this habitat and the
plants and animals restricted to 1t will become more
acute. The City should recognize that as development
continues, conservation of coastal sage scrub will become
more of a constraint and incorporate 1t in plans for open
space.
None of the proposed development lies in the wetland, so no
mitigation for loss of wetland will be necessary.
Nevertheless, measures should be taken so that the wetland
does not experience a secondary or Indirect adverse impact.
[In summary, t]he proposed development affects primarily
habitats that are already badly disturbed and of low value
to native plants and animals. About 1.4 acres in the
development zone, however, consists of coastal sage scrub
that, although disturbed, still supports small populations
of one sensitive bird ... and two sensitive plants ...
Since these populations are small, isolated, and possibly
not viable, their loss is not significant and no mitigation
for the loss need be required. The loss of these organisms
and their habitat, however, contributes to the ongoing,
cumulative loss of coastal sage scrub in Carlsbad. The
wetland habitat would not be affected directly by the
proposal, but care should be taken that sediment from newly
graded slopes does not wash into the wetland. Of the
designated remainder, 5.4 acres is affected directly by
proposals for adjacent areas. Much of the wetland habitat
has been degraded by the proliferation of pampas grass, a
nonnative weed, so the area represents an opportunity for
wetland enhancement.
The most important Coastal Act policies related to these resources are
Sections 30231 and 30240. In summary, these sections would require that
sensitive habitat areas be protected and that additional measures be taken to
assure that allowed activities on the site do not have any significant adverse
peripheral impacts on the primary resources. This secondary protection is
generally insured by the provision of "buffer" areas adjacent to the sensitive
resources themselves. In this project, the applicant and the City of Carlsbad
have taken important and meaningful steps to protect much of the on-site ~
resources. This has been accomplished by the limitation of encroachment by
grading into the wetland areas and the provision of a revegetated buffer area
adjacent to the wetland area.
However, there are additional steps which could be taken to provide an even
greater level of protection for on-site resources. The Commission normally
requires the provision of a 100-foot wide buffer area which can be reduced to
50 feet in width if, on the basis of an on-site evaluation by the Department
of Fish and Game, a lesser buffer would be equally protective of resources.
Factors which can contribute to the allowance of a reduced width buffer
6-88-410
Page 12
Include elevation differences between the resource and potential Impacts,
enhanced vegetation 1n the buffer area, the quality of the resources to be
protected, and other measures taken 1n site design to assure adequate
protection of the resource values. In this particular project, the site
design will result in a fill slope immediately adjacent to an area that has
habitat values which vary from very, high (salt marsh a-t western side of site
adjacent to Paseo del Norte) to marginal (pampas grass area adjacent to fill
slope area). The proposed fill slope will provide an elevation difference of
10-20 feet between the resources at the base of the slope and the building
areas at the top. The City approval required that a 50-foot wide revegetated
buffer (coastal sage scrub) be provided adjacent to the wetland area
consisting of the fill slope. This revegetated buffer area will not, in all
cases, include all of the fill slope. The proposed site design would not
provide the 100-foot buffer which would normally be required.
However, because of the particular site conditions and with the concurrence of
Department of Fish and Game personnel based on an on-site inspection, the
Commission is able to approve a buffer area of less than 100 feet width,
subject to several special conditions. The coastal sage scrub buffer required
by the City would be enlarged so that the entire fill slope is revegetated.
Additionally, a ten-foot wide landscaped setback area at the top of the slope
would serve to reduce the impacts of development on the habitat on the slope
and in the valley below. Also, a fence at the top of the slope would serve to
discourage the intrusions of human and larger animals into the habitat areas,
but would still allow the passage of the smaller animals presently found
on-site. Finally, the habitat value of the entire existing and revegetated
area will be enhanced through the removal of a corridor of existing pampas
grass and revegetation of the area with riparian woodland habitat which will
serve to connect two currently disjointed areas of higher resource value.
This riparian area may also serve as a higher quality and better protected
migration corridor along the valley for some animal species. The combined
coastal sage scrub revegetation area and the riparian area will also provide
potential habitat area for the Black-tailed Gnatcatcher, a bird species being
considered for potential listing as a threatened or endangered species. The
Department of Fish and Game has determined that the proposed coastal sage
scrub habitat provision is adequate mitigation for bird populations which may
be present on the site. It is only through the combined resource protection
values that all of these components of a buffer area will provide that the
Commission is able to find that this aspect of the project is consistent with
Coastal Act Sections 32031 and 30240.
In the proposed subdivision, the applicant also proposes the creation of a
so-called "remainder parcel." In its approval, the City of Carlsbad -
specifically indicated that no future development rights were conferred on
this parcel and that future development would be subject to further City
review. This approach may be acceptable in cases where the applicant may not
desire to be committed to the final design of a project at an early date or
the choice of the final project design does not have an integral relationship
to the development of the remainder of the property. This, however, is not
the case with this "remainder parcel." As is shown on attached Exhibit "C,"
there are significant areas of the parcel which have 1) wetland vegetation, 2)
6-88-410
Page 13
chaparral vegetation on steep slopes, riparian scrub/woodland and coastal sage
vegetation remaining after the Palomar Airport Road project, and 3) mitigation
areas for the road project. Additionally, much of the site is Included within
the 100-year floodplain. Coastal Act and LCP policies would, first, require
the protection of on-site biological resources, and, the provision of
appropriate buffer areas for the pcimary resource areas. Uses in floodplain
areas which were not already a part of habitat or buffer areas would, in
accordance with LCP policies, be ones which did not include permanent
structures or fill and would be compatible with periodic flooding.
It is appropriate at the earliest opportunity to identify future development
constraints on the "remainder" parcel so that the relationship between the
parcel and the other property which is a part of this subdivision is not
diminished or lost. It is because of the environmentally sensitive resources
present on the site, the constraints on future development, and the mandates
of Coastal Act policies and policies of the certified Local Coastal Program
that the Commission finds that it is necessary, at this time, to place an open
space easement on the entire remainder parcel. It is only through this action
that the Commission can guarantee that the resources which are present on the
site are protected on a long-term basis. The open space easement would allow
development to be proposed on the site in the future, subject to the
constraints present. However, in the interim, the open space easement would
provide resource protection, provide notice for future buyers, and indicate
the Coastal Act and LCP based concerns which the Commission has regarding
future development. Again, as conditioned, the Commission finds that the
approval of this project is consistent with Coastal Act Sections 30231, 30240,
and 30254.
Finally, the City required the applicant to reserve right-of-way for a future
street to connect Palomar Airport Road with Paseo del Norte at the western
side of the project site. The alignment of this roadway has the potential of
creating significant impacts to sensitive habitat areas as it meets Paseo del
Norte at the point where Encinas Creek crosses the road. Such an intersection
could result in significant amounts of filling and accompanying habitat
impacts. As the future impacts of such a potential roadway are unknown at
this time, the Commission is not specifically not approving such a roadway. A
determination as to the project's consistency with Coastal Act and LCP
policies will be dependent upon future review by the Commission or its
successor in interest.
6. Local Coastal Planning. Section 30604 (a) also requires that a coastal
development permit shall be issued only if the Commission finds that the
permitted development will not prejudice the ability of the local government
to prepare a Local Coastal Program (LCP) in conformity with the provisions of
Chapter 3 of the Coastal Act. In this case, the Commission can make such a
finding.
In accordance with Sections 30170(f) and 30171 of the Public Resources Code,
the Commission prepared and approved two portions of the Carlsbad LCP, the
Hello I and II segments in 1980 and 1981. However, the City of Carlsbad found
several provisions of the Hello I and II segments unacceptable and, therefore,
6-88-410
Page 14
did not adopt the LCP until 1985. In the Intervening period, the Coastal Act
was amended to Include Section 30519.1 (c) which specifies that for projects
within the jurisdiction of the Hello I and Hello II segments of the LCP,
coastal development permit applications are to be reviewed for their
consistency with the certified Local Coastal Program.
The proposed Industrial subdivision 1s consistent with the Planned Industrial
(PI) designation for the site found in the certified Hello II segment of the
Carlsbad LCP. The proposed project, as conditioned, has also been found to be
consistent with the applicable Coastal Act policies and the policies of the
Hello II LCP. Therefore, approval of this project will not result in any
prejudice to the City's ability to implement the certified Local Coastal
Program.
STANDARD CONDITIONS:
1. Notice of Receipt and Acknowledgement. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission
office.
2. Expiration. If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Application for extension of the permit must
be made prior to the expiration date.
3. Compliance. All development must occur in strict compliance with the
proposal as set forth below. Any deviation from the approved plans must
be reviewed and approved by the staff and may require Commission approval.
4. Interpretation. Any questions of intent or interpretation of any
condition will be resolved by the Executive Director or the Commission.
5. Inspections. The Commission staff shall be allowed to inspect the site
and the development during construction, subject to 24-hour advance notice.
6. Assignment. The permit may be assigned^to any qualified person, provided
assignee files with the Commission an affidavit accepting all terms and
conditions of the permit.
7. Terms and Conditions Run with the Land. These terms and conditions shall
be perpetual, and 1t is the intention of the Commission and the permittee
to bind all future owners and possessors of the subject property to the
terms and conditions.
(8410R)
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STATE OF CALIFORNIA—THE RESOURCES AGENCY fr ffc.GEORGE DEUKMEJIAN. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST DISTRICT
1333 CAMINO DEI RIO SOUTH, SUITE 125
SAN DIEGO. CA 92108-3520
(619) 297-9740
Filed:
49th Day
180th Day:
Staff:
Staff Report:
Hearing Date:
8/15/88
10/3/88
2/12/89
AB-SD
9/21/88
10/11-14/88
AMENDMENT REQUEST
STAFF REPORT AND PRELIMINARY RECOMMENDATION
Application No.: 6-87-688-A
Applicant: Carltas Co.
Original Project
Description: Subdivision of 35 acres into 13 lots and site preparation,
including grading and construction of "A" Street for expansion
of "Car Country Carlsbad11, a regional auto sales and repair
center. Also export and disposal of 173,000 cubic yards of
graded export soils to another parcel of the Carltas holdings.
Proposed
Amendment:
Site:
Lot Area
Zoning
Plan Designation
35 acres
RRE
Regional Retail Extensive
Modification of project plans to include the placement of an
additional 100,000 cubic yards of graded export soils from an
adjacent project involving the expansion of Palomar Airport Road
to the previously approved 173,000 cubic yard disposal site.
North of Palomar Airport Road, east of Paseo del Norte,
Carlsbad, San Diego County APN 211-011-19, 21
STAFF NOTES:
Summary of Staff's Preliminary Recommendation:
Staff is recommending approval of the amendment subject to a special
condition which requires the submittal of plans for erosion and sedimentation
control for the proposed grading activity.
PRELIMINARY STAFF RECOMMENDATION:
The staff recommends the Commission adopt the following resolution:
1. Approval With Conditions.
The Commission hereby grants an amendment to the previously approved
permit on the grounds that the amendment, as conditioned, will be in
conformity with the adopted Local Coastal Program, and will not have any
6 8,7-688 A
Page 2
significant adverse impacts on the environment within the meaning of the
California Environmental Quality Act.
II. Special Conditions.
The amendment is subject to the following special conditions:
!• Erosion/Runoff Control. Prior to the issuance of the amendment, the
applicant shall submit a runoff and erosion control plan designed by a
licensed engineer qualified in hydrology and hydraulics. The plan shall
assure that all runoff from the proposed development will be collected and
appropriately discharged through the use of such means as desiltation basins,
brow ditches and other measures to channel runoff into the previously
constructed drainage improvements. The plan shall indicate that no grading
for the project shall occur between October 1 and April 1 of each year and
that all revegetation of graded slopes shall be installed immediately after
completion of grading but not later than October 1 of the year in which
grading is commenced. The erosion control plan shall be subject to the review
and written approval of the Executive Director.
III. Findings and Declarations.
The Commission finds and declares as follows:
1. Project History and Description. The applicant proposes to amend the
project plans for an approved fill disposal site to include the placement of
an additional 100,000 cubic yards of graded soils. The additional soils wil^
be exported from an adjacent offsite project for which a separate coastal
development permit has been approved (CDP #6-88-40). The use of the subject
area as a disposal site was originally proposed in conjunction with the permit
for subdivision and grading of a site located to the northwest on contiguous
holdings of the Carltas Co.
The original project involved the expansion of a regional auto sales park
known as Car Country Carlsbad. As a result of the grading for that expansion,
approximately 173,000 cubic yards of earth were to be removed from the
subdivision site. The application was modified to include the placement of
these soils approximately one half mile to the southeast on the Carltas
property where an amendment to the grading plans is now proposed. The
deposition proposed at the time of the original permit involved the filling of
a disturbed ravine with the exported graded material.
The deposition proposal was reviewed by the Commission for its impacts on
sensitive hillside habitat afforded protection under the policies of the
certified Local Coastal Program. It was also reviewed for its impacts on the
continued viability of farming the land which is under Williamson Act
agricultural preserve contract.
6-87-688 A
Page 3
The footprint of the fill grading proposed at the time of the original project
approval did not involve any encroachment into sensitive slope areas.
Additionally, the footprint covered only a small area of lands in agricultural
production and the soils proposed for addition were found to be suitable for
continued farming.
To assure protection of sensitive downstream resources, conditions were
attached to the permit which required that appropriate erosion control
measures were provided at the disposal site. A prohibition on grading during
the rainy season was included as one of the erosion control measures. With
the conditions attached, the deposition of the soils was found to be
consistent with the provisions of the certified LCP and the applicable
sections of the Coastal Act.
The applicant now proposes to add an additional 100,000 cubic yards of graded
soils to the disposal site. The result would be an increase of the height of
the previously filled area by an average of eight feet. Although the
footprint of the fill area will be expanded, it will still involve no
encroachment into sensitive slope areas or other sensitive habitat. The
overlap of the expanded fill footprint with farmed area will be extremely
limited and the soils to be exported have also have been found to be of equal
or better quality for farming operations than those now found on the area
which would be affected. The placement of the fill and the resulting
levelling off of the area will also expand the area available for field crop
production. No construction or other uses are proposed for the fill area at
this time although the applicant has indicated that future proposals may
involve reconfiguration of the fill now proposed for deposition.
The export location of the additional 100,000 cubic yards is located some 500
yards to the south in the vicinity of Palomar Airport Road. The City of
Carlsbad is involved with the expansion of that roadway, a project which has
been approved by the Commission and which involves a large amount of cut
grading (CDP #6-88-40). At the time of the City's application, a disposal
site for the cut grading had not been identified. With the understanding that
disposals of such soils in the coastal zone would require Commission review,
the City opted instead to indicate that all cut materials would be removed to
a site outside of the coastal zone.
With a potential site now closer by, the applicant has proposed to have a
portion of the cut soils from the road project to be deposited on the Carltas
site. By moving the cut earth to the proposed site, the City will save time
and money in transportation costs and there will be less construction related
traffic on Palomar Airport Road, a major coastal access route.
Similar to the previous situation, the Commission is approving the disposal
activity, subject to a condition which requires that appropriate erosion
control measures are provided to protect downstream resources from siltation.
The condition includes a prohibition on grading during the rainy season of
each year, identified as October 1st to March 31st. As conditioned, the
Commission finds the project amendment consistent with the provisions of the
certified LCP and the applicable sections of the Coastal Act.
6-87-688-A
Page 4
3. Local Coastal Planning. Pursuant to Sections 30170(f) and 30171 of
the Public Resources Code, the Commission prepared and approved two portions
of the Carlsbad LCP, the Mello I and II segments in 1980 and 1981. However,
the City of Carlsbad found several provisions of the Mello I and II segments
unacceptable and, therefore, did noVadopt the LCP until 1985. In the
intervening period, the Coastal Act was amended to include Section 30519.1 (c)
which specifies that for projects within the jurisdiction of the Mello I and
Mello II segments of the LCP, coastal development permit applications are to
be reviewed for their consistency with the certified Local Coastal Program.
The proposed grading activity will not involve any encroachment into sensitive
habitat areas afforded protection under the certified LCP. As conditioned,
the amendment proposal will also be consistent with the erosion and
sedimentation control provisions of the certified LCP. The
Commission,therefore, finds that project approval should not prejudice the
ability of the City of Carlsbad to implement it Local Coastal Program.
(3791A)
EXHIBIT NO. \
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