HomeMy WebLinkAboutLCPA 00-04; Tabata; Local Coastal Program Amendment (LCPA) (9)- 1? i % ‘r
GRAY DAVIS, Governor STATE OF CALIFORNIA - THE RESOURCES AGENCY -
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 921054402
(619) 767-2370
September 20,2001
Fri 7a
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DJEGO AREA OFFJCE
KERI AKERS, COASTAL ANALYST, SAN DIEGO AREA OFFICE
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT NO. 1-2001C (Tabata Subdivision) (For Public Hearing and Possible
Commission Action at the Meeting of October 9-12,2001)
SYNOPSIS
Summary of Amendment Request
The subject amendment request revises the certified Local Coastal Plan (LCP)
Implementation Program. The request rezones a 5.0-acre site (Tabata) from Limited Control
(L-C) to One Family Residential with a Qualified Development Overlay (R-1-7,500-Q). On
April 20,2001, the City of Carlsbad’s proposed Local Coastal Program Ame’irdqent (LCPA)
#OO-04 was filed in the San Diego District office, and was determined ‘to-be cdmplete on June
22,2001. At the August 2001 meeting, a time extension on the LCP amendment package
was granted by the Commission so that the amendment request could be heard at the October
2001 meeting. A location map of the Tabata property, and a plan of the Tabata development
proposcl, are attached as Exhibits 1 and 2.
Summary of Staff Recommendation
Staff is recommending approval of the proposed LCP amendment as submitted. The Tabata
rezone is consistent with the certified Mello II land use plan (LUP) underlying land use
designations of Residential Low to Medium Density (RLM). The site is mostly flat and
without steep slopes, has been used for agriculture in the past, and does not contain sensitive
habitat or listed species. Some small sloped areas around the periphery of the site with
scattered vegetation will remain undeveloped and will be placed into a slope and open space
easement as part of the overall Aviara master plan. The associated development proposal
would create 16 residential lots ranging from 7,730 to 12,250 square feet in size.
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Carlsbad LCPA 1-200 1 C
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The Tabata site lies within a “standards area” proposed by the draft Carlsbad Habitat
Management Plan (HMP), and within Local Facilities Management Zone 20 (Zone 20) as
defined by the City’s Growth Management Plan (GMP). Standards areas in Zone 20 which
are located between Linkage F and Core Area #6 in the draft HMP are intended to support
preservation of sensitive habitat and enhance wildlife movement between these areas.
Exhibit 3 shows the zones and linkage areas. The proposed Tabata subdivision, which is
outside of the zone and linkage areas, complies with the draft HMP standards for Zone 20.
Approval of the proposed LCP amendment would not prejudice the proposed core and
linkage alignment or reduce the draft HMP’s protective measures for sensitive habitat and
endangered species.
The appropriate resolutions and motions can be found on Page 4. The findings for approval
of the Implementation Plan amendment begin on Page 5.
BACKGROUND
Major review issues and background information are summarized below, and are analyzed in
greater detail in the Findings section beginning on page 5:
Carlsbad Local Coastal Program (LCP)
The City’s certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSammis Properties, East Batiquitos Lagooflunt
Properties and Village Redevelopment. 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 I1 segments in 1980 and 1981, respectively. The West Batiquitos
Lagood Sammis Properties segment was certified in 1985. The East Batiquitos LagoodHunt
Properties segment was certified in 1988. The Village Redevelopment Area LCP was
certified in 1988; the City has been issuing coastal development permits there since that time.
On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal
development permits for all remaining segments except Agua Hedionda. The Agua
Hedionda Lagoon LCP segment remains as a deferred certification area until an
implementation plan is certified. The subject amendment request affects the Mello I1
segment of the certified LCP.
The Tabata site is currently zoned L-C (Limited Control). The purpose of the L-C zoning
designation is to provide an interim zone for areas where planning for future land uses has not
been completed or plans for development have not been formalized. A number of L-C
properties, which were formerly used for agriculture but are now becoming ready for
development, exist within the coastal zone. The LUP does not specifically address the L-C or
E-A zoning designations, or provide direction for a coordinated, orderly transition of these
properties from agricultural and interim uses to residential development. Commission staff
previously communicated with the City via other staff reports and in a letter dated August 27,
2001, that the LCP should be amended to provide this direction for the remaining L/C
properties, particularly since many of these properties contain sensitive habitat and
endangered species and are proposed for inclusion in the draft HMP. However, the proposed
Carlsbad LCPA 1-200 1 C
Page 3
rezone for this particular site does not create any impacts which require additional resource
planning or mitigation, such as habitat or wildlife loss.
Carlsbad Habitat Management Plan (HMP)
The Carlsbad HMP is being prepared to satisfy the requirements of a federal Habitat
Conservation Plan (HCP), and as a subarea plan of the regional Multiple Habitat
Conservation Plan (MHCP). The MHCP study area involves approximately 186 square miles
in northwestern San Diego County. This area includes the coastal cities of Carlsbad,
Encinitas, Solana Beach and Oceanside, as well as the inland cities of Vista and San Marcos
and several independent special districts. The participating local governments and other
entities will implement their portions of the MHCP through individual subarea plans such as
the Carlsbad HMP. Once approved, the MHCP and its subarea plans will replace interim
restrictions placed by the U.S. Fish and Wildlife Services (USFWS) and the California
Department of Fish and Game (CDFG) on impacts to coastal sage scrub and gnatcatchers
within that geographical area, and will allow the incidental take of the gnatcatcher and other
covered species as specified in the plan.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Keri Akers at the San Diego
Area Office of the Coastal Commission at 7575 Metropolitan Drive, Suite 103,
San Diego, CA 92108-4402, (619) 767-2370.
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Carlsbad LCPA 1-200 1 C
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PART I. OVERVIEW
A. STANDARD OF REVIEW
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified LUP. Pursuant to
Section 305 13 of the Coastal Act, the Commission may only reject zoning ordinances or
other implementing actions, as well as their amendments, on the grounds that they do not
conform with, or are inadequate to carry out, the provisions of the certified land use plan.
The Commission shall take action by a majority vote of the Commissioners present.
B. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the subject
amendment request. All of those local hearings were duly noticed to the public. Notice of
the subject amendment has been distributed to all known interested parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolutions and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to each resolution.
I. MOTION: Z move that the Cornmission reject the City of Carlsbad Mello ZZ Implementation
Program Amendment #1-2001 C as submitted.
STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED:
Staff recommends a NO vote. Failure of this motion will result in certification of the Implementation
.Program Amendment as submitted and the adoption of the following resolution and findings. The
motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO CERTIFY IMPLEMENTATION PROGRAM AMENDMENT AS
SUBMITTED:
The Commission hereby certifies the Mello I1 Implementation Program Amendment #1-2001C as
submitted and adopts the findings set forth below on grounds that the Implementation Program
Amendment conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan
(LUP), and certification of the Implementation Program Amendment will meet the requirements of the
California Environmental Quality Act, because either 1) feasible mitigation measures and/or
alternatives have been incorporated to substantially lessen any significant adverse effects of the
Implementation Program Amendment on the environment, or 2) there are no further feasible
alternatives or mitigation measures that would substantially lessen any significant adverse impacts on
the environment that will result from certification of the Implementation Program.
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Carlsbad LC A 1-200 1 C
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PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1
IMPLEMENTATION PLAN AMENDMENT #1-2001C (TABATA
SUBDIVISION)
A. Puruose and Intent of the Ordinance
The purpose and intent of the One Family Residential with a Qualified Development Overlay
zone (R- 1-7, 500-4) is to allow for single-family residential housing and associated
amenities. The L-C zone designation is given to agricultural or formerly agricultural
properties which were annexed into the City, and is an interim zone for areas where planning
for future land uses has not been completed or plans of development have not been
formalized. The proposed R-1-7,500-Q zone is compatible with the existing adjacent
residentially zoned properties and probable future residential zones of the adjacent L-C, P-C
(Planned Community), and R-1-Q zoned property.
B. Ma.ior Provisions of the Ordinance
The amendment provides for the change of zoning of the identified parcel from L-C to
R-1-7,500-Q. The R-1-7, 500-Q zone allows single-family residential housing and
associated amenities, sets a minimum lot size and lot widths, and establishes development
standards for setbacks and placement of buildings. If the rezone is approved, the proposed
16-lot subdivision will require approval of a site development plan and a coastal development
permit by the City Planning Commission prior to building permit issuance.
Chapter 2 1.06 of the City’s zoning code provides, in part, the following requirements for the
Q Qualified Overlay Zone:
21.06.10 Intent and Purpose
The intent and purpose of the Q qualified overlay zone is to supplement the
underlying zoning by providing additional regulations for development within
designated areas to:
Require that property development criteria are used to ensure compliance with
the general plan and any applicable specific plans;
Ensure that development occurs with due regard to environmental factors;
Promote orderly, attractive and harmonious development, and promote the
general welfare by preventing the establishment of uses or erection of structures
which are not properly related to or which would adversely impact their sites,
surroundings, traffic circulation or environmental setting.
Chapter 2 1.39 of the City’s zoning code provides, in part, the following requirements for L-C
zoning:
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Carlsbad LCI - 1-200 1 C
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21.39.10 Intent and Purpose
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The intent and purpose of the L-C zone is to provide an interim zone for areas
where planning for future land uses has not been completed or plans for
development have not been formalized. After proper planning or plan approval
has been completed, property zoned L-C may be rezoned in accord with this title.
C. Adequacy of Ordinance to Implement the Certified LUP
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified Land Use Plan (LUP).
In the case of the subject LCP amendment, the City’s Municipal Code serves as the
Implementation Program for the Mello I1 segment of the LCP.
The Mello I1 LUP designates the site as Residential Low Medium (RLM), which allows
residential development at a range of 0-4 dwelling units per acre (dulac). The density of the
proposed single-family subdivision is 3.2 dwelling units per acre. The surrounding properties
are designated R-1-Q, P-C, and L-C . Based on the developable acreage and allowable
density, up to 20 residential units could be placed on the property. Therefore, the
Commission finds the proposed zoning and potential 16-lot subdivision is consistent with the
certified LUP land use designation.
1. L-C Zoned Property Conversions
The Tabata site is located within the Mello I1 land use planning area, and is zoned L-C
(Limited Control). The site was formerly used for agriculture but those operations have been
discontinued. The purpose of the L-C zone is to provide an interim zone for areas where
planning for future land uses has not been completed, or plans for development have not been
formalized. A number of L-C properties, which were formerly used for agriculture but are
now becoming ready for development, exist within the coastal zone. Several of these
properties are included in the HMP with specified areas of onsite development and
preservation that will be approved (“hardline” properties). Other properties are included in
larger planning areas where general guidelines for preservation of habitat and wildlife
corridor creation will apply (“standards areas” properties). Although it is anticipated that the
L-C properties will be developed at urban intensities, the Mello I1 land use plan (LUP), which
was originally certified in 1981, does not address this zoning designation or the projected
urban transition and development of the L-C properties.
In order to avoid piecemeal conversion of these properties from agriculture to urban uses,
Commission staff previously recommended that the City revise the LUP to address the L-C
properties and provide a comprehensive plan for their development which will take into
account the cumulative impacts of these conversions. However, the proposed rezone for this
particular site does not create any impacts which would normally require additional resource
planning or mitigation, such as impacts to habitat or wildlife, and Commission staff have
concluded that the use, density and proposed placement of development are appropriate for
the site and the surrounding area.
Carlsbad LCYA 1-200 1 C
Page 7
Unlike other L-C conversions which have previously been denied by the Commission, the
Tabata rezone and proposed subdivision would not impact dual-criteria slopes (steep slope
with native vegetation) which are protected by policies in the certified LUP. Additionally,
the rezone will not result in removal of rare vegetation or other environmentally sensitive
habitat area (ESHA), such as wetlands or vernal pools, consistent with the certified LUP.
Field investigation by Commission staff has confirmed the applicant’s representation that the
development site does not contain any sensitive habitat, or provide nesting or foraging area
for listed species such as the coastal California gnatcatcher. The site, which has been
previously disced and used for agriculture, is largely flat and does not contain steep slopes.
Some small sloped areas around the periphery of the site with scattered vegetation will
remain undeveloped and will be placed into a slope and open space easement as part of the
overall Aviara master plan. The proposed rezone, which will facilitate development of the
16-lot Tabata subdivisior! approved by the City, is consistent with and is adequate to carry out
the resource protection policies of the certified Mello I1 LUP.
2. Preservation of Agricultural Lands
Preservation of agricultural use has been addressed in the Mello I1 LUP as follows:
Section 30240 of the Coastal Act states:
All other lands suitable for agricultural use shall not be converted to nonagricultural
uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion
would preserve prime agricultural land or concentrate development consistent with Section
30250. Any such permitted conversion shall be compatible with continued agricultural use
on surrounding lands.
Amendments to the Carlsbad LCP certified by the Commission in 1985 essentially allow
conversion of all of the agricuturally-designated lands within the City’.s Melkd‘iind I1
segments. Such conversion is allowed pursuant to either (1) a determination of infeasibility
of continued agricultural use based on area-wide studies, or (2) participation in a mitigation
program designed to offset the loss of agricultural lands, or (3) payment of an agricultural
mitigation fee.
The Tabata site is not designated in the Mello 11 LUP as either Prime or Non-Prime
Agricultural Land. Since the property is within the Coastal Agricultural Overlay Zone, the
City’s approval has been conditioned to ensure payment of an agricultural mitigation fee,
which will mitigate the loss of agricultural resources by preserving or enhancing other coastal
resources. The proposed rezone is consistent with Policy B of the certified LUP pertaining to
agricultural conversion, and is consistent with the certified LUP.
3. Carlsbad HMP and Standards Areas
The Tabata site lies within a “standards area” proposed by the draft Carlsbad Habitat
Management Plan (HMP), and within Local Facilities Management Zone 20 (Zone 20) as
defined by the City’s Growth Management Plan (GMP). The draft HMP provides that
standards areas in Zone 20 which are located between Linkage F and Core Area #6 in the
Carlsbad LCPA 1-200 1 C
Page 8
draft HMP are intended to support preservation of sensitive habitat and enhance wildlife
movement between these areas. The draft HMP has included several development standards
for certain properties in Zone 20, such as the Tabata site. These include:
0 Conserve the majority of sensitive habitats in or contiguous with biological core and
linkage areas, including no net loss of wetland habitats, southern maritime chaparral,
maritime succulent scrub, and coastal sage scrub in Core Area 6 and Linkage F.
Conserve habitats in a continuous configuration through Linkage Area F, from Core Area
6 to where Linkage F crosses Palomar Airport Road.
Conserve all riparian habitats onsite, and prohibit fill or development within the existing
flood plain except where required for Circulation Element roads, Drainage Master Plan
facilities, or other essential infrastructure.
Where conversim of agricnltural land to orher uses is proposed, set back all devclopment
impacts at least 100 feet from existing wetland habitats and encourage habitat restoration
or enhancement in the riparian and buffer areas.
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The rezone of the Tabata site, which does not propose development of sensitive habitat or
wetlands and is located outside of the core and linkage areas, would be consistent with these
draft standards. Approval of the proposed LCP amendment would not prejudice the
proposed core and linkage alignment, or reduce the draft HMP’s protective measures for
sensitive habitat and endangered species. Site access for the roadway and utilities is from
existing Black Rail Road on the west boundary of the property, and from existing Cabela
Place to the east. The rezone and proposed subdivision would not require new roads or
utilities to be extended through sensitive areas, and would not promote access or development
for surrounding L-C properties to be undertaken in a manner which would be detrimental to
sensitive resources. The proposed rezone and subdivision are also consistent with the
certified LCP and the City’s General Plan.
PART VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
QUALITY ACT (CEOA)
Section 2 1080.5 of the California Environmental Quality Act (CEQA) exempts local
government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. Instead, the CEQA responsibilities are assigned to
the Coastal Commission and the Commission’s LCP review and approval program has been
found by the Resources Agency to be functionally equivalent to the EIR process. Thus,
under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an
EIR for each LCP. Nevertheless, the Commission is required in an LCP submittal or, as in
this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does
conform with CEQA provisions.
As discussed above, the LCP amendment will not cause significant adverse impacts to the
environment. There are no feasible alternatives or mitigation measures available which
would substantially lessen any significant adverse impact which the LCP might have on the
environment. Therefore, the Commission finds that the LCP amendment is consistent with
the requirements of CEQA.
PROPERTY ZONE CHANGE
Zone Change
Property: I From: I To:
A. 215-040-04-00 I L-C I R-1-7.500-0
EXHIBIT TO ORDINANCE NO. NS-5
ZC: 00-04
LCPA: 00-04
final 0
APPrt
Council Approval Date:
Ordinance No:
Project Name: Tabata Property
Legal Description(s): The north half of the northwest quarter
of the northwest quarter of the northeast quarter of Section 27,
Township 12 south, Range 4 west, San Bemardino Meridian, in
the City of Carlsbad, County of San Diego, State of California,
according to the official plat thereof
I Related Case File No(s):
LCPA 00-04 / CT 00-1 3 / CDP 00-36
B. I I Effective Date:
C.
I Attach additional pages if necessary I
I Sianature:
EXHIBITNO. 1
CARLSBAD LCPA NO
1-2001 c
Location Map
mcali,ornia Coastal Commission
KEY MAP
SCALE I' = 100'
HMP
1-1 * **
0 0.6 1.2 Mlles
Core and L
CORE #6
LINK F
N
s
,ink Areas