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Home My WebLink AboutLCPA 02-03; Zone 19 Park; Local Coastal Program Amendment (LCPA)August 13,2002 California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 SUBJECT: ZONE 19 (AVIARA COMMUNITY) PARK - LCPA 02-03/MP 177(DD)/CUP 01-22IHDP 01-07/CDP 01-31 This letter is intended to provide some background and other relevant information about the enclosed LCPA submittal for the Zone 19 (Aviara Community) Park. The last page is intended to serve as a transmittal sheet for the items being submitted and to assist Coastal staff in finding the various documents in the package. Processina History Processing of City permits for this project began in July of 2001. In February of 2002 the City's Planning Commission heard and approved the Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP), Hillside Development Permit (HDP), and Coastal Development Permit (CDP). (The Planning Department had interpreted that an LCPA was not needed as a separate action from the Master Plan Amendment (MPA) since amending the Master Plan has the effect of amending the LCP in the Aviara Master Plan area.) Following the Planning Commission hearing Planning staff filed a Notice of Final Action (NOFA). On about March 1 , neighbors of the proposed project filed an appeal of the Planning Commission's approvals. At about the same time Coastal Commission staff (District Manager Sherilyn Sarb) contacted City staff by phone. Ms. Sarb indicated that we needed to process the LCPA as a separate action, but that the LCPA would probably be considered "minor" or "de minimis" pursuant to Section 13554 of the Coastal Commission Regulations and Section 30514 of the Coastal Act. Ms. Sarb also indicated that Coastal staff would want to see written concurrence from the environmental agencies (USFWS and CDFG) on two items: 1) that the open space corridor on the site had been developed in consultation with the agencies and met NCCP requirements and 2) that the small .Ol-acre take included in the project for remedial grading would be considered de minimis by the agencies. Pursuant to Ms. Sarb's direction, City staff withdrew the NOFA and began processing an LCPA. Staff also requested the needed written concurrence letter and provided USFWSKDFG with all information needed. This included previously prepared documents (e.g., staff-prepared environmental documents; biological surveysheports; etc.) and additional information as requested by the agencies. Additional information included surveys for the presence of gnatcatchers in the proposed remedial grading area. Consequently, staff obtained the requested written concurrence from the agencies (copy enclosed) on both topics (the de minimis take and the corridor consultation) in July 2002. 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ /4 .? ZONE 19 (AVIARA COh-,lUNITY) PARK - LCPA 02-03/MP177(L-~/CUP 01-22/ HDP 01-07KDP 01-31 August 13,2002 On August 6, 2002, the project went to City Council. At that hearing Council approved the environmental documents, approved the LCPA, and upheld the Planning Commission's approvals of the MPA, CUP, HDP, and CDP. The only change made to the project since the Planning Commission hearing was a change to the grading window. The original Planning Commission resolution approving the CDP contained the standard Coastal zone condition prohibiting grading during the rainy season. During the course of further consultation with USFWSKDFG, those agencies indicated that grading should be prohibited during the nesting season (February 1- September 15). (There were no gnatcatchers present in the proposed grading area, but it was assumed that they might be nearby.) The new grading condition supersedes the grading condition contained in the original Planning Commission resolution. This is consistent with the recent Kelley Ranch LCPA which expanded the grading window throughout the Coastal Zone. The new grading condition has been incorporated into the draft bid documents and drawings for the project. Proiect Desian The Zone 19 Park site is located within Planning Area 32 (formerly 32 and 32a) of the Aviara Master Plan development. The site is in the Mello I segment of the Local Coastal Program. The project is similar to all other City parks in its design and planned uses. The project includes a Minor Master Plan Amendment (MPA) and LCPA to allow a building height greater than 18' (under the current Master Plan) for the proposed community building. The proposed community building height (32'3'') is consistent with that of other park buildings (30-35'). The proposed building is single-story, and the majority of the building would be at heights between 16' and 21' with an average height of 17'2". The proposed increase in allowed building height for a portion of the community building would not change the kind, location, intensity, or density of use on the site, and it would not impact the amount or quality of resource protection (either individually or cumulatively) on the site. It would simply allow the proposed building to be more aesthetically pleasing and to be consistent with other similar park buildings throughout the City. Pursuant to this direction, City staff noticed the proposed LCPA pursuant to the procedures called out in Section 30514(d)(l)(A)(i) of the Coastal Act. The project includes a small (.027-acre) take of habitat within the City's Draft HMP preserve area for the purpose of necessary remedial grading. That proposed take has been determined to be de minimis by USFWSKDFG. City staff consulted with the agencies on this issue and both USFWS and CDFG concluded that doing the remedial grading resulted in a better situation than avoiding the area for several reasons. First, doing the remedial grading will avoid a future slope failure which would destroy existing habitat. Second, since the area to be graded has disturbed habitat and will be replanted in native vegetation, there will be a net gain of coastal sage scrub in the preserve as a result of the remedial grading activities. It should also be noted that all downstream drainage facilities are in place for both nearby lagoons (Batiquitos and Agua Hedionda). Also, the City has in place updated storm water regulations to address any runoff concerns. , h ZONE 19 (AVIARA COhh,lUNITY) PARK - LCPA 02-03/MP177(Lu$CUP 01 -22/ HDP 0 1 -07KDP 0 1-3 1 August 13,2002 Page 3 Attachments Attached is a list of the information items being submitted. We have provided four full sets of the submittal package. If you have any questions, please call me at (760) 602-4621. Elaiie Blackburn, AlCP SENIOR PLANNER EB:jt C: Don Rideout File , I- .? ZONE 19 (AVIAF2A COh,.lUNITY) PARK - LCPA 02-03/"177(L-,/CUP 01-22/ HDP Ol-O7/CDP 01-3 1 August 13,2002 Enclosures: 1. Notice of Final Action for MP 177(DD))/CUP 01 -22/HDP 01 -07/CDP 01 -31 2. Application for Local Coastal Program Amendment 3. City Council Conformed Agenda dated August 6,2002 4. City Council Agenda Bill No. 16,845 dated August 6,2002 5. City Council Resolution No. 2002-236 6. Addendum 2 (to Mitigated Negative Declaration) dated July 3, 2002 7. Project Location Map 8. Concurrence Letter from USFWS/CDFG dated July 1,2002 9. Planning Commission Resolution No. 5108 dated February 20, 2002 (Mitigated Negative Declaration) with attachments: a. Mitigated Negative Declaration b. Initial Study c. List of Mitigation Measures d. Addendum ldated January 24,2002 e. Mitigation Monitoring and Reporting Program 10. Planning Commission Resolution No. 51 56 dated February 20, 2002 (Minor a. Exhibit "X" (bold & italics/strikeout version of the Master Plan text 11. Planning Commission Resolution No. 5109 dated February 20, 2002 (Conditional 12. Planning Commission Resolution No. 51 10 dated February 20, 2002 (Hillside 13. Planning Commission Resolution No. 51 11 dated February 20, 2002 (Coastal 14. Planning Commission staff report package dated February 20, 2002 with Master Plan Amendment) with attachment: Use Permit) Development Permit) Development Permit) attachments: a. Background Data Sheet b. Local Facilities Impacts Assessment Form c. Minutes of Planning Commission Meeting dated February 20, 2002 15. Public notices and associated mailing lists 16. Gnatcatcher survey letter from P&D Environmental dated June 1 1,2002 17. Del Mar Manzanita letter from P&D Environmental dated May 29, 2002 18. Biological Resources Report from P&D Environmental dated April 2002 19. Portion of City bid package showing incorporation of new grading condition