HomeMy WebLinkAboutLCPA 90-04; Laguna Point; Local Coastal Program Amendment (LCPA) (11)-. ' 1 Ir' w-
e STATE OF CALIFORNIA-THE RESOURCES AGENCY
,F.
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 921OB-1725
(619) 521-8036
TO: COMMISSIONERS AND INTERESTED PERSONS
October 28, 19#'*"
'.," ' K
Y?$, . <; FROM: CHARLES DAMM, SOUTH COAST DISTRICT DIRECTOR . pd- __" ~~ fl' ' c+, DEBORAH N. LEE, ASSISTANT DISTRICT DIRECTOR, SAN DIEGO &.:QPW.E
BILL PONDER, COASTAL PLANNER, SAN DIEGO AREA OFFICE
SUBJECT: STAFF RECOMMENDATION OF MAJOR AMENDMEN1 1-92 TO THE CITY OF
CARLSBAD LOCAL COASTAL PROGRAM-MELLO 11 LCP, AGUA HEDIONDA LAND USE
PLAN AND MELLO I/EAST BATIQUITOS LAGOON LCP: (For Public
Hearing and Possible Action at the Meeting of November 17-20, 1992)
SYNOPSIS
- 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 I1 segments in 1980 and 1981, respectively. However, the City of Carlsbad
found several provisions of the Mello I and I1 segments unacceptable and declined to adopt the LCP implementing ordinances for the LCP. 1985, the Commission approved major amendments, related to steep slope protection and agricultural preservation, to the Mello I and I1 segments,
which resolved the major differences between the City and the Coastal
Commission. The City then adopted the Mello I and I1 segments and began
working toward certification of all segments of its local coastal program.
Since the 1985 action, the Commission has approved several major amendments to
the City of Carlsbad LCP.
In October,
The Agua Hedionda segment has been partially completed with the Commission having certified the Agua Hedionda Land Use Plan in 1982. In addition, two
new segments were annexed to the City, the West Batiquitos/Sammis Properties
Segment.and the East Batiquitos/Hunt Properties Segment.
Batiquitos/Hunt Properties Segment was certified in 1988. The subject
amendment request pertains to three of the City's segments.
The East
SUMMARY OF AMENDMENT REQUEST/BACKGROUND
This item was originally scheduled for the Commission's August 1992 hearing; however, the Commission waived the applicable time limits to allow for further
consultation between staffs. The subject LCP segments incorporate the major
portions of the coastal zone in the City of Carlsbad, with uses ranging from
intensive commercial, residential and agricultural development to open space
in the area's sensitive lands. The proposed amendment modifies the certified
land use and implementation plans for the Mello I1 segment, modifies the Agua
Hedionda land use plan, and modifies the Implementation Plan of the Mello I
and East Batiquitos Lagoon segment. Regarding the Mello I1 segment, 128 acres
on the southwesterly side of El Camino Real, commonly known as "Evans Point",
between the future extension of Cannon Road and Camino Hills Drive would be
, --
a- 7
Carlsbad LCPA 1-92 Page 2
redesignated from Planned Community (PC) to Low-Medium Density Residential
(RLM, 0-4 du/ac) and Open Space (OS); also proposed is a zone change from 1-C
(Limited Control) to R-1 (One-Family Residential) and OS on this property.
Regarding the Agua Hedionda Land Use Plan, a 1.12 acre parcel on the northern
shore of Agua Hedionda lagoon, commonly known as part of "Whitey's Landing",
would be redesignated from Recreational Commercial (RC) to Low-Medium Density
Residential. Regarding the Mello I and East Batiquitos Lagoon LCP, an amendment to the Aviara Master Plan is proposed to redefine building height in
Planning Areas 13 and 28 to provide consistency with recent municipal code
amendments.
SUMMARY OF STAFF RECOHMENDATION
Staff recommends approval, as submitted, of the proposed land use plan
amendment addressing the Agua Hedionda segment; approval, if modified, of the
proposed land use plan amendment addressing the Mello I1 segment, and approval, as submitted, of the implementation plan amendments to the Mello I1 and Mello I/East Batiquitos Lagoon segments. -
The aDpropriate resolutions and motions mav be found on Pages 5 - 7. The suggested modifications may be found on Page 7. Findings for approval, as
submitted, of the Aqua Hedionda segment begin on Page 8; findings for
rejection, as submitted. of the Mello I1 segment begin on Page 14; findings
for its approval begin on Page 17. The findings for approval of the Mello I1
and Mello I/East Batiquitos implementation segments beqin on Page 22 and Page
23 respectively.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment may be obtained from
Bill Ponder, at (619) 521-8036.
PART I. OVERVIEW
Carlsbad LCPA 1-92 Page 3
A. Local Coastal Program History-All Segments.
The City of Carlsbad Local Coastal Program (LCP) consists of six geographic segments: the Agua Hedionda Lagoon LCP segment comprised of approximately
1,100 acres; the Carlsbad Mello I LCP segment with 2,000 acres; the Carlsbad Mello I1 LCP segment which includes approximately 5,300 acres; the West Batiquitos Lagoon/Sammis Properties LCP segment with 200 acres; the East Batiquitos Lagoon/Hunt Properties LCP segment with 1,000 acres and the Village Area Redevelopment segment with approximately 100 acres.
Pursuant to Public Resources Code Sections 30170(f) and 30171, the Coastal Commission was required to prepare and approve an LCP for identified portions
of the City. This resulted in the two Carlsbad LCP segments commonly referred
to as the Mello I and Mello I1 segments. The Mello I and Mello I1 LCP
segments were approved by the Coastal Commission in September 1980 and June
1981, respectively. The Agua Hedionda segment Land Use Plan was prepared by
the City and approved by the Coastal Commission on 3uly 1, 1982.
The Mello I, Mello I1 and Agua Hedionda segments of the Carlsbad LCP cover the
majority of the City's coastal zone. They are also the segments of the LCP
which involve the greatest number of coastal resource issues and have been the subject of the most controversy over the past years. involved in the review of the land use plans of these segments were preservation of agricultural lands, protection of steep-sloping hillsides and wetland habitats and the provision of adequate visitor-serving facilities. Preservation of the scenic resources of the area was another issue raised in the review of these land use plans. As mentioned, the City had found the
policies of the certified Mello I and I1 segments regarding preservation of agriculture and steep-sloping hillsides to be unacceptable. The City
therefore did not apply these provisions in the review of local projects.
Among those issues
In the summer of 1985, the City submitted two amendment requests to the Commission and, in October of 1985, the Commission certified amendments 1-85
and 2-85 to the Mello I and Mello I1 segments, respectively. These (major) amendments to the LCP involved changes to the agricultural preservation, steep slope protection and housing policies of the Mello I and I1 segments of the LCP. After certification of these amendments, the City adopted the Mello I
and I1 LCP segments.
The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985
along with a coastal development permit for a project comprising the majority
of the uplands within that plan segment (Batiquitos Lagoon Educational
Park-Sammi 5).
The plan area of the Village Area Redevelopment segment was formerly part of the Mello I1 segment of the LCP. In August of 1984, the Commission approved
the segmentation of this 100-acre area from the remainder of the Mello I1 LCP
segment and, at the same time, approved the submitted land use plan for the
area. In March of 1988, the Commission approved the Implementation Program
Carlsbad LCPA 1-92 Page 4
for the Village Area Redevelopment segment of the LCP. post-certification maps occurred in December and the City assumed permit
authority for this LCP segment on December 14, 1988.
A review of the
In addition to the review process for the six LCP segments mentioned, the City
has also submitted at various times, packages of land use plan amendments to the certified LUP segments, including these segments, in an effort to resolve existing inconsistencies between the City's General Plan, Zoning Maps and the Local Coastal Program. After all such inconsistencies are resolved, the City
plans to submit, for the Commission's review, the various ordinances and
post-certification maps for implementation of the LCP. At that time, or
perhaps earlier, the City may prepare and submit a single LCP document that
incorporates all of the LCP segments as certified by the Commission and any
subsequent LCP amendments. After review and approval of these documents by
the Commission, the City would gain "effective certification".
6. STANDARD OF REVIEW
The standard of review for land use plans, or their amendments, is found in
Section 30512 of the Coastal Act. This section requires the Commission to
certify an LUP or LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act. Specifically, it states:
Section 3051 2
(c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and
is in conformity with, the policies of Chapter 3 (commencing with Section
30200). Except as provided in paragraph (1) of subdivision (a), a
decision to certify shall require a majority vote of the appointed
membership of the Commission.
Pursuant to Section 30513 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.
C. PUBLIC PARTICIPATION
The City has held numerous Planning Commission and City Council meetings with
regard to the two land use plan components of 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. resolution and a staff recommendation are provided just prior to each resolution.
The appropriate motion to introduce the
Carlsbad LCPA 1-92 Page 5
A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad Agua Hedionda Land Use Plan Amendment 1-92, as submitted)
MOTION I
I move that the Commission certify the Agua Hedionda Land Use Plan Amendment NS-174, as submitted.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution and findings. Commissioners is needed to pass the motion. An affirmative vote by the majority of the appointed
Resolution I
The Commission hereby certifies the amendment request to the Agua Hedionda Land Use Plan and adopts the findings stated below on the grounds that the amendment will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section
30001.5 of the Coastal Act; the land use plan, as amended, will contain a
specific access component as required by Section 30500 of the Coastal Act;
the land use plan, as amended, will be consistent with applicable
decisions of the Commission that shall guide local government actions
pursuant to Section 30625(c); and certification of the land use plan
amendment will meet the requirements of Section 21080.5(d)(2)(i) of the
California Environmental Quality Act, as there would not be feasible
measures or feasible alternatives which would substantially lessen
significant adverse impacts on the environment.
6. RESOLUTION I1 (Resolution to deny certification of the City of Carlsbad Mello I1 Land Use Plan Amendment 1-91, as submitted)
MOTION I1
I move that the Commission certify the Mello I1 Land Use Plan Amendment 1-91, as submitted.
Staff Recommendation
Staff recommends a vote and the adoption of the following resolution and findings.
Commissioners is needed to pass the motion.
An affirmative vote by the majority of the appointed
Resolution I1
The Commission hereby denies certification of the amendment request to the City of Carlsbad Mello I1 Land Use Plan and adopts the findings stated
below on the grounds that the amendment will not meet the requirements of
Carlsbad LCPA 1-92 Page 6
and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic
state goals specified in Section 30001.5 of the Coastal Act; the land use
plan, as amended, will not be consistent with applicable decisions of the
Commission that shall guide local government actions pursuant to Section
30625(c); and certification of the land use plan amendment does not meet
the requirements of Section 21080.5(d)(2)(i) of the California
Environmental Quality Act, as there would be feasible measures or feasible
alternatives which would substantially lessen significant adverse impacts
on the environment.
C. RESOLUTION I11 (Resolution to approve certification of the City of Carlsbad Mello I1 Land Use Plan Amendment 1-92, if modified)
MOTION I11
I move that the Commission certify the City of Carlsbad LCP Mello I1 segment Land Use Plan Amendment 1-92, if modified.
Staff Recommendation
-
Staff recommends a YES vote and the adoption of the following resolution
and'findings.
Commissioners is needed to pass the motion.
An affirmative vote by the majority of the appointed
Resolution I11
The Commission hereby certifies the amendment request to the City of Carlsbad Mello I1 LCP Land Use Plan and adopts the findings stated below
on the grounds that the amendment, with suggested modifications, will meet
the requirements of and conform with the policies of Chapter 3 (commencing
with Section 30200) of the California Coastal Act to the extent necessary
to achieve the basic state goals specified in Section 30001.5 of the
Coastal Act; the land use plan, as amended, will contain a specific access
component as required by Section 30500 of the Coastal Act; the land use
plan, as amended, will be consistent with applicable decisions of the
Commission that shall guide local government actions pursuant to Section
30625(c); and certification of the land use plan amendment does meet the
requirements of Section 21080.5(d)(2)(i) of the California Environmental
Quality Act, as there would be no feasible measures or feasible
alternatives which would substantially lessen significant adverse impacts
on the environment.
D. RESOLUTION IV (Resolution to approve certification of Mello I1 LCP Implementation Plan and Mello I/East Batiquitos Lagoon LCP Implementation Plan Amendments 1-92, as submitted)
MOTION IV
I. move that the Commission reject the implementation plan amendments,
NS-195 and NS-140, to the City of Carlsbad LCP Mello I1 and Mello I/East
Batiquitos Lagoon segments, as submitted.
Carlsbad LCPA 1-92
Page 7
Staff Recommendation
Staff recommends a
and findings.
present is needed to pass the motion.
vote and the adoption of the following resolution An affirmative vote by the majority of the Commissioners
Resolution IV
The Commission hereby certifies the amendment to the City of Carlsbad's
Local Coastal Program on the grounds that the amendment conforms with, and
is adequate to carry out, the provisions of the certified land use plan.
There are no feasible alternatives or feasible mitigation measures
available which would substantially lessen any significant adverse impacts
which the approval would have on the environment.
PART 111. SUGGESTED MODIFICATIONS
Mello I1 Segment Land Use Plan
1.
2.
On page 18, under "Environmentally Sensitive Habitat Areas", a new
Policy #3-7 shall be added to read: Wetlands and riparian resources
outside the lagoon ecosystems shall be protected and preserved. No direct
impacts may be allowed except for the expansion of existing circulation
element roads identified in the certified LCP. There must be no feasible less environmentally-damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least environmentally- damaging manner. Open space dedication of sensitive resource areas is
requi red.
Mitigation ratios for any temporary disturbance or permanent displacement
of identified resources shall be determined in consultation with the
California Department of Fish and Game and the U.S. Fish and Wildlife
Service. Appropriate mitigation ratios shall be determined based on site
specific information including the quality of the habitat being disturbed
or destroyed and surrounding site conditions.
On page 18, under "Environmentally Sensitive Habitat Areas", a new
Policy #3-8 shall be added to read: Buffer zones of 100 feet in width
shall be maintained around all identified wetland areas and 50 feet in
width shall be maintained around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the
identified resources, based on site-specific information. Such
information shall include, but is not limited to, the type and size of the development and/or proposed mitigations (such as planting of vegetation or
the construction of fencing) which will also achieve the purposes of the
buffer. The buffer shall be measured landward from the delineated
resource.
States Fish and Wildlife Service shall be consulted in such buffer
determinations. Buffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the
upper half of the buffer zone.
The California Department of Fish and Game and the United
I.
Carlsbad LCPA 1-92 Page 8
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD/AGUA HEOIONDA LAND USE PLAN AMENDMENT 1-92. AS SUBMITTED
A. PLAN AREA DESCRIPTION
Agua Hedionda Lagoon is centrally located in the Carlsbad coastal zone and comprises approximately 230 acres of water surface, and additional upland marsh and wetland areas. Due to construction of transportation corridors which bridge the lagoon, beginning in the late 1800's with the railroad and followed by construction of Pacific Coast Highway in 1910 and Interstate-5 in 1967, the lagoon has been effectively separated into three areas. These
consist of: the outer lagoon (nearest the ocean) with 66 acres of water, the
middle lagoon with 27 acres of water surface, and the inner lagoon with
approximately 140 acres of water surface. The subject amendment request involves modification of the existing land use designation for a parcel
located on the north side of the inner lagoon.
Prior to 1952, the lagoon was an increasingly restricted salt water marsh, the
result of accumulated sedimentation and the absence af tidal flushing. Between 1952 and 1954, the San Diego Gas and Electric Company (SDG&E) removed approximately 310,000 cubic yards of sediment from the lagoon, restoring the
lagoon to an average 10 foot depth, and opening the lagoon mouth to permanent tidal flushing. The outer lagoon is used as a cooling water source for the
SDG&E Encina Power Plant facility.
The dredging of Agua Hedionda Lagoon has resulted in a new deep water bay environment. The deep water environment, along with approximately 200 acres
of adjacent salt flats, riparian and brackish water habitats, receives
relatively intensive use by many water-associated and terrestrial forms of
wildlife that inhabit or are attracted to the area. The California Department
of Fish and Game has identified Agua Hedionda Lagoon as one of the 19 coastal
wetlands within its report entitled "Acquisition Priorities for Coastal
Wetlands of California." It is these wetlands which are also identified in
Section 30233(c) of the Coastal Act as high priority areas.
The dredging of the lagoon and the establishment of a deep water habitat has
also had the effect of providing, within the City, a large area for
water-associated recreation. As stated on pages 12 and 13 of the Agua
Hedionda Land Use Plan:
The lagoon provides for a wide range of water related uses, including
aquaculture, boating, water skiing, fishing and wildlife habitat. The
outer lagoon is used primarily for fishing, and provides cooling water for
the SDG&E power facility. The middle lagoon is used for sailing and swimming. The western half of the inner lagoon is used for power boating and water skiing, while the eastern end of the lagoon contains
environmentally sensitive wetland and habitat areas.
In conclusion, Agua Hedionda Lagoon is unique in its status as a multiple-use lagoon area.
passive/active water-related recreational uses, and upland urban development.
The area provides for environmentally sensitive habitats,
P
Carlsbad LCPA 1-92
Page 9
It is these competing demands which the Agua Hedionda LUP must appropriately
balance in order to preserve and protect the resources of the lagoon.
B. LAND USE PLAN SUMMARY
The certified Agua Hedionda Land Use Plan designates all wetland areas as open
space and specifically designates the eastern portion of the lagoon as
wetlands preserve. The certified Land Use Plan contains various policies
regarding preservation and enhancement of coastal resources. The south shore
area (approximately 150 acres) is designated for continued agricultural use
except for approximately 45 acres at the north-east corner of Interstate-5 and
Cannon Road which is designated for "Travel Services'' on the land use map.
The certified land use plan also contains land use designations and policies for the protection and enhancement of visitor-serving uses.
provided in accordance with Coastal Act policies which give high priority to coastal-related uses over other uses in areas where such use does not conflict
with the protection of environmentally sensitive habitat.
These are
Existing land uses along the north shore include a pange of residential
densities, commercial and semi-public recreation uses, and large areas of
undeveloped property. The south shore bluff top area, east of the 1-5 freeway, is primarily in agricultural production. However, a City park that
would include a number of recreational and visitor-serving opportunities,
including a public boat launch facility, has been approved at this location.
The San Diego Gas and Electric power facility occupies the entire south shore
west of the freeway, and the eastern end of the lagoon contains extensive
wetland and floodplain areas.
C. AMENDMENT DESCRIPTION/CHAPTER 3 CONSISTENCY
The proposed amendment request involves modification of existing land use
designations for approximately 1.12 acres of land, commonly known as part of
"Whitey's Landing", and located within the inner basin of Agua Hedionda
Lagoon.
for R-C, Recreational Commercial, uses. The proposed amendment would change
the designation to RLM, Residential Low-Medium, which allows for residential
development at a maximum density of 4 dwelling units to the acre (du/ac).
The existing Land Use Map and policies designate the subject property
Agua Hedionda is the only one of Carlsbad's three coastal lagoons on which
recreational uses are allowed. The other two lagoons, Batiquitos to the south
and Buena Vista to the north, are restricted open space areas, where the
protection of the existing sensitive habitat necessitates their exclusion from
recreational use. Agua Hedionda on the other hand, is designated for open
space, but, under the certified Land Use Plan and City's General Plan, is
available for uses such as fishing, boating and water skiing. The inner lagoon in which the subject modification is proposed, is a particularly
popular recreation area, heavily used for sailing, water skiing and
sai 1 boa rdi ng .
The following Chapter 3 policies are most applicable to the subject amendment
proposal :
Section 30220
Carlsbad LCPA 1-92 Page 10
Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for
such uses.
Section 30221
Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and forseeable future demand for public or commercial recreational activities that could be accommodated on the property is already adequately provided for in the area.
Section 30222
The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development, but not over agriculture or coastal -dependent industry.
Section 30223
Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.
Section 30224
Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land.
The Coastal Act thus places a high priority on the protection and enhancement of visitor-serving and recreational opportunities in areas adjacent to or in proximity to coastal waters, such as Agua Hedionda Lagoon. amendment request, involving the redesignation of waterfront property from recreational commercial use to residential use, thus raises a number of issues and must be closely examined as to its consistency with the Coastal Act.
The subject
The subject 1.12 acre parcel, known as part of Whitey's Landing, is located on the north shore of the lagoon, east of Interstate 5. The vacant site slopes steeply downward from Adams Street and levels out as it approaches the lagoon. A small patch of pickleweed is located near the eastern property line, near the water's edge. The lower part of the site is occasionally used
Carlsbad LCPA 1-92 Page 11
for boat launching access and boat parking. the west, the parcel is designated as Recreational Commercial (RC) which
provides for tourist-oriented uses.
parcel to the west. In addition to the boat ramp, the parcel to the west
contains a storage building and a restaurant with paved access leading down
near the water's edge from Adams Street.
Along with the adjacent parcel to
It shares a boat launching ramp with the
The existing Snug Harbor Marina boat launch and retail/rental shop is located about one mile to the west of the subject site, immediately adjacent to 1-5 as it passes over the lagoon. It is the only such facility on Agua Hedionda
Lagoon. While there are additional boat slips to the northeast at Bristol Cove and a launch drive at Whitey's Landing, the Snug Harbor Marina is the
only facility on the lagoon which is presently open to the public and which offers the rental and retail services that support recreational use of the lagoon by the general public.
In Carlsbad LCPA #2-85 (February, 1986), the Commission approved the redesignation of 10 acres of property surrounding Snug Harbor, but without water access, from recreational commercial to residential use. At that time, the City proposed the modification on the surrounding property for a variety of reasons, most notably the potential for incompatible growth and traffic circulation problems. In addition, commercial proposals in the area met with
considerable neighborhood opposition as residents objected to the potential for commercial uses in the neighborhood. Their objections centered on the issues of incompatible uses (adjoining residential and commercial uses) and the potential for traffic congestion. was already hampered by inadequate street widths and the lack of an arterial
or collector street in the neighborhood.
The City noted that traffic in the area
The residential designations were proposed to maintain consistency with the residential densities of surrounding properties. The Commission approved the
redesignation from recreation commerical to the residential designations
noting that the "RC" designation would remain on the Snug Harbor parcel;
consequently, water-oriented recreational opportunities would be maintained in
the lagoon, consistent with the recreational sections of the Coastal Act.
The City's rationale for the subject amendment is almost identical to the previous LCP amendment for Snug Harbor. That is, the subject area is characterized by residential uses with poor access from substandard streets. The lot is only 100 feet from a hairpin curve; and, because of this alignment, any traffic generated by a commercial project would be subject to a traffic safety hazard, although no traffic or accident reports have been submitted to verify the hazard claim. Additionally, Adams Street will not be developed to full local street standards, because of topographical constraints, and a tourist-serving commercial use would generate substantially higher traffic than the residential uses proposed for the site with the corresponding impacts to the circulation system. The City notes that a residential use of the
property would increase the compatibility of the project site with the surrounding area and that the site is too small and constrained to accommodate
a recreational commercial use, such as motel or restaurant, while providing adequate buffering and screening for the adjacent residential land uses. The
Carlsbad LCPA 1-92 Page 12
City notes the proposed redesignation is only a minor part of the boat launching facility at Whitey's Landing; and that, in this way, the subject
amendment is almost identical to the previous amendment which the Commission
approved as submitted.
In the 1985 Snug Harbor amendment, the City proposed four other changes regarding the redesignation of 10 acres from R-C to Residential. The other modifications to policies and findings of the LUP had the effect of restricting large scale expansion of the existing recreational facility at Snug Harbor while calling for additional recreational facilities elsewhere on the lagoon. Briefly, the City proposed to delete an existing LUP policy that designated the area between Snug Harbor and Hoover Street for RC uses; the City proposed that the boat launching facilities at Snug Harbor should be
continued for recreational commercial use but that no other recreational
commercial uses would be permitted there without an LCP amendment.
Additionally, the City deleted specific reference in the LUP to Whitey's Landing--the subject parcel and the parcel immediately to the west--as a site
for boat launching facilities. Alternatively, the Eity also proposed that, if
demand for boating/launching facilities could not be accommodated by existing development, and it could be demonstrated that the lagoon would not be adversely affected by additional boating access, the City would be obligated to develop public or joint public/private boat facilities on the south shore of the laqoon (emphasis added). The City also retained policies that stated
recreational uses of the lagoon shall be developed and expanded where
feasible.
The Commission approved the amendment request by finding, that while the amendment would have the effect of restricting the amount of land available
for visitor-serving uses at Snug Harbor, the other proposed LUP modifications clearly called for the provision of additional recreational uses elsewhere on
the lagoon. Additionally, the Commission found that previous concerns over the provision of general visitor-serving uses in Carlsbad's coastal zone were alleviated by recent development trends. That is, at the time of the initial
review of the Agua Hedionda Land Use Plan (late 1970s), the designation of the
Snug Harbor area parcels as Recreational Commercial was a point on which there
was disagreement between the City and the Commission staff. The Commission staff was concerned that coastal-related recreational opportunities be
available to the public in accordance with the policies of the Coastal Act.
At that time, Commission staff noted that in the four years since the certification of the LUP the situation in Carlsbad had changed substantially. In a City which previously had relatively few visitor-serving accommodations, a number of areas were now developed almost exclusively with visitor-serving projects. Much of the redevelopment area in the northern portion of the City was experiencing the development of mixed use projects containing hotel/motel rooms, restaurants and travel shops. To the south along Interstate 5, many new hotel and motel projects were underway. Thus, staff noted that the
previous lack of visitor serving facilities which existed in 1982 did not
exist in 1986.
Carlsbad LCPA 1-92 Page 13
Today, there are even more visitor-serving facilities that exist in the City's coastal zone.
amount of visitor-serving lands (lands designated R-C, T-S [Travel Services], and the Carlsbad Village Redevelopment Area) within the coastal zone in the Carlsbad area. According to the survey, the total acreage of these lands is
approximately 540 acres. The total Recreational Commercial area is 230
acres. The loss of recreational commercial area with the subject amendment
would be 0.4 percent.
The project sponsor has conducted a survey to determine the
The Commission notes the many similarites between the two amendments. As it
found in 1985 with respect to Snug Harbor, the Commission notes the conflicts
between commercial and residential uses exist in the Whitey's Landing area.
Also, the subject site, one of two adjoining lagoon-fronting parcels which
comprise Whitey's Landing, has area and site-specific constraints which limit
its usefulness as a viable visitor-serving destination. For example, access
to it from the freeway is severely constrained by way of a winding, substandard street system, making access to the site unsafe and difficult. The ability of the site itself to promote recreational opportunities is
limited by its steepness along Adams Street which not only makes access difficult to the water's edge but also severely constrains its developability as well. The site also has resource protection constraints as manifested by
the salt water marsh vegetation located on the flat portion of the site near the water's edge. Because of the limited buildability of the lot, it would be difficult to provide adequate parking for any intense recreational or visitor-serving use of the site such as a hotel or restaurant.
As noted, the adjacent parcel to the west is also considered as part of Whitey's Landing and would continue to be designated for recreational and commercial uses. Moreover, it would continue to contain a boat launching
facility. Further, the City has approved a draft plan and has recently
approved funding for Macario Park, which is located on the south side of the
lagoon near 1-5. The plan indicates that recreational and access
opportunities will be provided along the shoreline on the south side of the
lagoon, including a public boat launching facility. There are also a number
of other properties on the south slope that are designated as Travel Services
in the LCP, which is a visitor-serving land use designation. Finally, there are substantially more visitor-commercial uses today within the coastal zone than was available when this parcel was originally designated for recreational
commercial uses.
It should also be noted that recreational use of the lagoon to promote boating opportunities is limited. The City limits the number of powered watercraft on the outer lagoon for safety reasons; no powered watercraft is permitted within
the remaining two lagoon basins.
harbor reports that boating during the summer months often approaches the
permitting limit established by the City. It is anticipated that the boat
launching facility proposed with the planned Macario Park will be a public
launch, free of charge, to provide a lower cost visitor-serving function
consistent with the Coastal Act.
The private boat launching facility at Snug
Based on the preceding, the Commission notes that, even if this site is
relieved of its recreational and visitor-serving designation, there is
Carlsbad LCPA 1-92 Page 14
assurance that adequate visitor-serving facilities have been and will continue to be provided within the City's coastal zone. Therefore, redesignation of
this site to residential uses can be found consistent with the visitor-serving
and recreational policies of the Coastal Act.
PART V. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD MELLO I1 LAND USE PLAN
AMENDMENT 1-92. AS SUBMITTED.
A. AMENDMENT DESCRIPTION
The proposed Mello I1 amendment would change the land use designation for a 128.1 acre property fronting on El Camino Real in Carlsbad from Planned
Community (PC) to Low-Medium Density Residential (RLM, 0-4 du/ac) on 68.7 acres and Open Space (OS) on 59.4 acres. The proposed changes are to
accommodate the development of the site with a tentative tract map that would
allow the construction of 199 single family residences known as Evans Point.
All existing policies of the Mello I1 segment of the LCP are proposed to remain without modification. -
In general, the Mello I1 segment lands can be characterized by a series of hills, ridges, and valleys covered by chaparral and coastal sage communities
and agricultural production. The subject property however includes a
low-lying strip of riparian habitat along a portion of its frontage with El Camino Real.
B. CHAPTER 3 CONSISTENCY
1. Environmentally Sensitive Habitat Areas. Section 30231 of the Act states:
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, minimizing adverse effects of waste water
discharges and entrainment, controlling runoff, preventing depletion
of ground water supplies and substantial interference with surface
water flow, encouraging waste water reclamation, maintaining natural
vegetation buffer areas that protect riparian habitats, and
minimizing alteration of natural streams.
Section 30233(a) of the Act states, in part:
(a) The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance
with other applicable provisions of this division, where there is no
feasible less environmentally damaging alternative, and where feasible
mitigation measures have been provided to minimize adverse environmental
effects, and shall be limited to the following:
I'
Carlsbad LCPA 1-92 Page 15
(5) Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intake and outfall lines.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource dependent activities.
Section 30233(c) of the Act states, in part:
(c) In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any alteration of coastal wetlands identified by the Departmen* of Fish and Game, including, but not limited to, the 19 coastal wetlands identified in its report entitled, "Acquisition Priorities for the Coastal Wetlands of California", shall be limited to very minor incidental public facilities, restorative measures, nature study, commercial fishing facilities in Bodega Bay, and development in already developed parts of south San Diego Bay, if otherwise in accordance with this division.
Section 30240(b) of the Act states:
(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.
The proposed amendment would change the LCP land use designation for a 128.1 acre property fronting on El Camino Real in Carlsbad from Planned Community (PC) to Low-Medium Density Residential (RLM, 0-4 du/ac) on 68.7 acres and Open Space (OS) on 59.4 acres. The Open Space designation would apply primarily to
the riparian habitat near El Camino Real and naturally-vegetated steep slope areas associated with hillside portions of the property.
that the sensitive slopes and riparian habitat would remain in open space; and, as such, the Commission notes that these changes would provide protection to sensitive resources consistent with Coastal Act Sections 30231, 30233 and
30240.
This would ensure
The amendment has been driven by a specific development, a 205 lot subdivision containing 199 residential lots and six open space lots totaling 59.4 acres, known as Evans Point. The 128 acre site is located immediately south of El Camino Real between Hidden Valley Road and Camino Hills Drive, approximately one mile north of McClellan-Palomar Airport. Elevations on the property range from 302 feet above mean sea level (msl) on a knoll located in the south central part of the site (Evans Point) to 30 feet above msl in the northwest
Carlsbad LCPA 1-92 Page 16
corner. Topography includes steep slopes as well as relatively flat areas
close to El Camino Real. More than half of the site contains relatively
undisturbed natural vegetation, including mixed chaparral on most of the steep slopes on the property; the site also contains riparian woodland and ripa scrub near El Camino Real Road. A 14 acre eucalytpus grove is located in northeast corner.
Portions of the site have been previously disturbed, including areas that been used for agricultural use until 1986. While several residential
buildings were located on the site, only a structure of local historic va
known as the Kelly Barn and its grain bin remain. Surrounding land uses
include two mobile home Darks. one to the east and the other north of the
i an
the
had
ue
site across El Camino Real.
is the recently approved Eagle Canyon project with 32 lots on 14.5 acres. Single family residences and the former Kelly Ranch property, a 433 acre as yet unbuilt multi-use project, including a maximum of 1,400 residences, is located to the west.
At the northeastern corner from the Evans Point site
In reviewing the proposed LUP designation change forthis site, the Commission
notes a number of concerns associated with such a change, notably the
protection of the site's natural resources. The Commission has previously
certified the land use designation of the site for Planned Commumity (PC) and,
through that action, has clearly anticipated that intense planning of the site
would occur to protect its resources. The P-C zone regulations found in Attachment "A" of the LCP contain detailed regulations regarding agricultural preservation and the maximum density for residential development on those portions of the site where uses other than agricultural production would be
allowed. Also, both the LUP and the PC ordinances, certified in 1981 and
amended in 1985, require sites with this designation to be master-planned
prior to development (including subdivision) of any portion of the site. This
provision was included in the Mello I1 LCP to assure a comprehensive review of
a project's consistency with the resource protection policies of the Coastal
Act and the applicable LCP documents. Therefore, the amendment must be
carefully reviewed as to its potential effects on the site's resources,
notably its naturally-vegetated steep slopes, the riparian areas adjacent to
El Camino Real, as well as its effect on the downstream Agua Hedionda Lagoon.
While preservation of sensitive slopes and downstream resources has been
suitably addressed, the redesignation of this site to residential uses
requires the widening of El Camino Real; this would result in the potential
loss of riparian habitat. This situation creates a potential conflict
regarding Chapter 3 and Coastal Resource Protection (CRP) policies of the
Mello I1 LCP regarding preservation of wetlands. For example, the LCP
provides that both Buena Vista and Batiquitos Lagoons prohibit development within 100 feet of wetland resources and require that this buffer be preserved
as open space. The rationale for a buffer is that development located
immediately adjacent to sensitive habitat areas poses the threat of human and
domestic animal encroachment into those areas, and also tends to limit the
border area for use by the wildlife for which the sensitive areas are
protected. Existing Policies 3-2 and 3-3 of the LUP, which establish resource
protection provisions for Buena Vista and Batiquitos lagoons respectively,
Carlsbad LCPA 1-92 Page 17
would not allow development, including roads, to encroach within the identified wetland resources.
However, the certified LCP contains no other policy language that would prevent the on-site wetlands from being impacted by the road widening. wetland preservation policies are site-specific to Buena Vista and Batiquitos lagoons only and do not apply to wetland impacts in other areas of the Mello I1 plan area. The Planned Community designation assumed far more detailed planning would occur in removing the "holding designation" of this sensitive property and converting it to a developable category. Because resource protection of sensitive habitat is not achieved with the change from the standards identified in the Planned Community designation to the proposed
residential designation of the property, there is a conflict with Coastal Act habitat preservation policies. Therefore, the Commission finds that the amendment is not consistent with Sections 30231, 30233, and 30240 of the Coastal Act, as submitted, relative to the protection of wetlands and riparian systems beyond the immediate lagoon environments.
The
PART VI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1 LAND USE PLAN AMENDMENT 1-92, IF MODIFIED
A. SUMMARY FINDING/CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT
As previously stated, the proposed Mello I1 land use plan amendment is not
acceptable in its current form. For this reason, and as stated in the
following section of this report, suggested modification language has been
provided to specifically identify what resource protection provisions are necessary to find the request approvable under Chapter 3 policies of the
Coastal Act.
B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that
the land use plan amendment, as set forth in the resolution for certification
is consistent with the policies and requirements of Chapter 3 to the extent
necessary to achieve the basic state goals specified in Section 30001.5 of the
Coastal Act which states:
The Legislature further finds and declares that the basic goals of the state for the coastal zone are to:
a) Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources.
b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economical needs of the
people of the state.
c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound
Carlsbad LCPA 1-92 Page 18
resource conservation principles and constitutionally protected rights of private property owners.
d) Assure priority for coastal-dependent and coastal-related
development over other developments on the coast.
e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
C. CHAPTER 3 CONSISTENCY
1. Environmentally Sensitive Habitats. As stated above, Sections 30231, 30233, and 30240 of the Coastal Act govern the protection of sensitive habitats, located in this case along El Camino Real in Carlsbad. The currently proposed amendment would not provide suitable protection for the identified resources because of deficiencies in the presently-certified LCP which only address the lagoon wetlands. Put simply, this can not be found
consistent with the existing Planned Community zone-or with the above Coastal Act sections.
As noted, the site's frontage with El Camino Real contains a healthy stand of high-quality riparian habitat with arroyo willow, riparian scrub, and some
Sycamore trees. Based on a review of the present LCP, such resources located
outside a lagoon proper would not be suitably protected.
modifications require that potential impacts to sensitive habitats here and at
other locations outside the lagoon ecosystems be appropriately protected and preserved. Specifically, Suggested Modification #l requires that no direct
impacts to these resources may be allowed except for the expansion of existing
circulation element roads identified in the certified LCP (see attachment).
New roads and infrastructure should be designed to avoid all direct impacts to
wetland or riparian resources. It should also be noted that existing roads
which adjoin one of the three lagoons in Carlsbad are controlled by the
existing land use policies for habitat impacts in and adjacent to the
respective lagoon. Relative to infrastructure needs (water, power, and sewer
lines), those encroachments and impacts have been allowed for sensitive
slopes, but not for wetlands or riparian resources.
The suggested
It must also be found that there is no feasible alternative to the road
expansion and that any work is performed in the least environmentally-damaging
manner. Mitigation ratios for any temporary disturbance or permanent
displacement of identified resources shall be determined in consultation with
the California Department of Fish and Game and the U.S. Fish and Wildlife
Service. Appropriate mitigation ratios shall be determined based on site-specific information including the quality of the habitat being disturbed
or destroyed and surrounding site conditions.
This approach provides flexibility when determining mitigation ratios for
resource impacts; it requires mitigation dependent on the quality of the
impacted sensitive resources. For example, riparian resources impacted by the expansion of an existing circulation element road may be replaced at ratios of
Carlsbad LCPA 1-92 Page 19
up to 1O:l when determined by the resource agencies to be of particularly high
quality. Conversely, disturbed and lower quality resources may be mitigated at lower ratios. habitat value. The intent is no net loss of habitat in either acreage or
Regarding mitigation for any temporary disturbance or permanent displacement of identified resources, the Commission generally requires 4:l replacement for impacted wetlands area (salt marsh or freshwater marsh), and 3:l replacement for impacted riparian resources. Commission experience with biological resource mitigation restoration has indicated that mitigation efforts
proposing 1:l restoration cannot be assumed to be successful in advance.
Because there has typically not been the same replication of habitat
diversity, quality or values in restored or created wetlands and riparian
systems, the Commission has typically required greater replacement ratios.
Open space dedication of sensitive resource areas will also be required.
Buffers provide essential open space between development and a sensitive resource. This space ensures that the resource will not be adversely impacted
either directly through project development or indirectly as a result of use of the site after construction. Suggested Modification #2 requires that
buffer zones of 100 feet in width must be maintained around all identified
wetland areas and 50 feet in width shall be maintained around all identified
riparian areas, unless it is demonstrated that a buffer of lesser width will
protect the identified resources, based on site-specific information. Such
information must include the type and size of the development and/or proposed
mitigations (such as planting of vegetation or the construction of fencing)
which will also achieve the purposes of the buffer. The buffer must be
measured landward from the delineated resource. The California Department of
Fish and Game and the United States Fish and Wildlife Service shall be
consulted in such buffer determinations. Finally, buffer zones shall be
protected through the execution of open space easements and passive
recreational uses are restricted to the upper half of the buffer zone. The
Commission finds that only as modified with these suggestions, can the
amendment be found consistent with the resource protection policies of the
Coastal Act.
In summary, approval of the amendment would result in the subject property having a density range of 0-4 du/ac and being subject to the certified LCP
provisions which preserve naturally-vegetated steep slopes over 25% by prohibiting development on them and reserving them as open space, and ensuring
that erosion, drainage, and sedimentation impacts will be adequately prevented
or mitigated. As modified by the suggested modification, resource protection
of sensitive habitats would also be achieved. Therefore, the redesignation of
the property can be found consistent with Sections 30231, 30233, 30240, and
30250 of the Coastal Act.
Relative to the resources found on Evans Point, the Commission is concerned with the protection of steeply sloping hillsides for a variety of reasons.
The first concern involves protection of sensitive vegetation and wildlife species which are found on such hillsides. The second concern involves the
potential impacts of erosion and sedimentation on downstream resources that
Carlsbad LCPA 1-92 Page 20
are associated with grading on steep slopes. The third concern, related to the second, involves the geologic hazards associated with locating development on steeply-sloping hillside.
of the City's LCP contain the following language regarding the development of
steeply sloping hillsides with native vegetation:
The policies of the certified Mello I1 segment
Grading and Erosion Control
a) For those slopes mapped as possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following shall apply:
1) Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude any
reasonable use of the property, in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with 25% grade, encroachment shall be permitted, however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under
25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City's Circulation Element or the development of utility systems. slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative avai 1 ab1 e.
Uses of
Existing policies of the Planned Community zone and the certified LCP identify that all naturally-vegetated slopes of 25% grade or more are worthy of protection and must be reserved as open space before new development can
proceed. The policies require that new development be clustered on less steep slopes to minimize visual impacts and the adverse impacts to downstream resources associated with development of steeper slopes. The amendment
request is not proposing to modify any standards or criteria that would change the existing LCP standards. Therefore, the Commission notes that the proposed amendment would not lessen the levels of protection that the LCP provides and that protection and preservation of the steeply-sloping naturally-vegetated portions of the property would be assured, consistent with Sections 30240 and 30251 of the Coastal Act.
The site drains into Agua Hedionda Creek, which flows into the Agua Hedionda Lagoon. Agua Hedionda Lagoon is one of the priority acquisition wetlands identified by the State Department of Fish and Game and is given protection under Section 30233(c) of the Coastal Act. The certified LCP recognizes the signficant habitat resource value of the lagoon and the vegetated hillsides of
its watershed; it contains detailed provisions for protecting the lagoon from
adverse impacts due to grading within upland drainage areas which may
contribute to increased erosion and sediment discharge into the lagoon.
Regarding conformance with the drainage and erosion control provisions of the
certified LCP, a number of LCP policies apply which require that new
development must submit a runoff control plan, drainage and erosion control
Carlsbad LCPA 1-92
Page 21
facility maintenance agreements, and install permanent runoff and erosion control devices. Policy 4-3 provides that all permanent runoff-control and
erosion-control devices must be developed and installed prior to or concurrent
with any onsite grading activities. Policy 4-7A of the LCP relates to storm
drain facilities. The policy states that storm drain facilities in developed areas should be improved and enlarged with the Carlsbad Master Drainage Plan,
which has been recently approved, and incorporating the changes recommended by
the LCP. Therefore the redesignation of the property can be found consistent
with Section 30233 of the Coastal Act.
2. Agriculture. Sections 30241 and 30242 of the Coastal Act concern the
protection of agricultural lands. In 1981, when the Carlsbad Mello I1 LCP
segment was certified by the Commission, the two major concerns were preservation of agricultural uses and protection of environmentally sensitive habitats. Regarding agricultural preservation, a major issue was minimizing agricultural versus urban impacts by developing stable urban/agricultural boundaries. For the most part, the certified LCP accomplished this objective
by concentrating development along 1-5, Palomar Airport Road, and the El Camino Real transportation corridors and preserving -the interior areas, where public infrastructure is lacking, for continued agricultural use.
The Planned Community designation certified in the LCP contains detailed policies regarding agricultural preservation and the maximum density for residential development on those portions of sites where uses other than agricultural production would be allowed. Policy 3-5 and Attachment "A" of the Mello I1 LUP amplify these provisions. However, although the subject site was designated as Planned Community, the preceding "mixed use" approach to
agricultural preservation and the slope density provisions were applied directly to the Kelly Point/Macario Canyon Area and not the subject property.
As noted, the site is subject to other development standards and design
guidelines that were certified as part of the PC zone. Therefore, the
Commission finds that the subject amendment can be found consistent with the
Sections 30241 and 30242 of the Coastal Act and the agricultural policies of
the certified Mello I1 LCP.
3. New Development. Section 30250(a) of the Coastal Act states:
(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous
with, or in close proximity to, existing developed areas able to
accommodate it or, where such areas are not able to accommodate it, in
other areas with adequate public services and where it will not have a
significant adverse effect, either individually or cumulatively, on
coastal resources.
The proposed LCP amendment would permit residential use on this property whereas the current LCP designation of Planned Community only permits
agricultural use of the property, prior to approval of a master plan.
Therefore, the amendment would significantly increase the intensity of use of the site with the corresponding demand upon public services. With respect to impacts on these services, the site is located in an existing developed area
/-
Carlsbad LCPA 1-92 Page 22
along the El Camino Real transportation corridor and its attendant
infrastructure. This infrastructure has been designed to accommodate dense
urban use in this area. Current residential densities in this area are equal
to or greater than the medium-density (up to 4 du/ac) proposed in this amendment. Therefore, this change can be found consistent with Section
30250(a) of the Coastal Act.
4. Coastal Access/Traffic. Section 30212 states that public access must be provided to and along the shoreline. Traffic impacts related to the
increased intensity of use associated with this proposal have been addressed in a 1991 EIR for this property. The EIR identifies that project traffic
would contribute to the need for the extension of Cannon Road between 1-5 and
El Camino Real, and other roadway improvements in the project vicinity.
However, there is sufficient capacity along El Camino Real and other major
corridors that lead to the beach to assure adequate coastal access at the
levels of buildout that would be generated by the residential use of the
site. With respect to traffic impacts on beach access, the project site is
well-removed from any of beaches in the CarJsbad area.' Therefore, there are
no significant adverse impacts to public access associated with the amendment
and the Commission finds that the amendment request is consistent with Section
30212 of the Coastal Act.
PART VII. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1 AND MELLO I/
EAST BATIOUITOS IMPLEMENTATION PLAN AMENDMENTS 1-92, AS SUBMITTED
1. MELLO I1 LCP
A. AMENDMENT DESCRIPTION
The City of Carlsbad LCP Implementation Program (IP) takes the form of the
City's Zoning Code. The proposed IP amendment has been submitted in the form
of an ordinance, Ordinance NS-195 of the City's Municipal Code, which would change the zoning of the Evans Point property from L-C (Limited Control) to
R-1 (Single family residential) and 0-S (Open Space). No other changes to the
implementation program are proposed.
8. FINDINGS FOR CERTIFICATION
a) Purpose and Intent of the Ordinance. The purpose and intent of the zoning amendment is to allow a change from planned community to residential and open space uses on a 128.1 acre parcel near the intersection of the future
Cannon Road and El Camino Real. The property was zoned in the LCP as Limited
Control, which is a holding zone that permits only agricultural uses until
planning for future land uses has been completed or development plans have been formalized.
b) Major Provisions of the Ordinance. Ordinance NS-195 provides for the
chanqe of zoninq of the identified Darcel from L-C (Limited Control) to R-1 (Single Family Residential) and 0-S' (Open Space).
one-family dwellings with accessory buildings and structures, permits a 35
The R-1 zone permits
Carlsbad LCPA 1-92 Page 23
foot height limit, and establishes development standards for setbacks,
placement of buildings, minimum lot area etc.. of the site with residential uses. The Open Space zone is to provide for open
space and recreational uses and the protection of these uses. Permitted uses
allowed within the open space zone include parks, picnic areas, open space
easements etc..
used in conjunction with publicly-owned property utilized as parks, open space, and recreation areas.
This would allow development
This zone also permits accessory uses and structures to be
c) Adequacv 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 LUP. In the case of the subject LCP amendment, the City's Zoning Code serves as the Implementation Program for the Mello I1 segment of the LCP. In the City's Zoning Code, R-1 is the specific zoning designation that implements the Low-Medium Residential land use designation. Therefore, given that the proposed rezoning is the specific implementing zone of the LUP designation approved above, the Commission finds that the subject amendment to the
Implementation Program is consistent with and adequate to carry out the policies of the certified LUP.
2. MELLO I/EAST BATIQUITOS LAGOON
A. AMENDMENT DESCRIPTION
The proposed amendment is a revision to the Aviara Master Plan to redefine
building height in Planning Areas 13 and 28 to provide consistency with recent
municipal code amendments. The Mello I/East Batiquitos Lagoon segment
includes roughly 1,000 acres comprised of the eastern basin of Batiquitos
Lagoon (440 acres) and approximately 550 acres of uplands located to the north
and south of the lagoon. Other than the wetlands of the lagoon, which are
owned by the State Lands Commission and the State Department of Fish and Game,
and the right-of-way of portions of La Costa Avenue, the entirety of the lands
within the LCP segment are now owned by Hillman Properties, Inc.. The LCP was
submitted concurrent with a specific development proposal, including a master
plan, for 1,402 acres of the Hunt properties known originally as the Pacific
Rim Master Plan and Resort, and now referred to as Aviara.
B. FINDINGS FOR CERTIFICATION
a) Purpose and Intent of the Ordinance. The purpose and intent of the amendment is to change the maximum building heights in two planning areas.
b) Ma-ior Provisions of the Ordinance. The Aviara Master Plan serves as
both the LUP and Implementation Program for those portions of the two LCP
segments that are subject to the master plan, the Mello I and East
Batiquitos/Hunt Properties segment. The Master Plan was certified by the
Coastal Commission in 1990. It describes the allowable uses and densities of
development in each planning area and provides detailed development standards,
public facility requirements, phasing and timing of development of planning
areas, and the method by which buildout will be implemented. One of the major
Carlsbad LCPA 1-92 Page 24
provisions of the master plan with respect to Planning Area 28 is that a
minimum setback of 150 feet from the wetlands boundary (Batiquitos Lagoon) is
required for all grading and structures except for trail-related features.
Additionally, all structures are required to be setback a minimum of 35 feet
from Batiquitos Drive, which when completed, will run along the north shore of
the lagoon.
Amendments to the master plan are either "Administrative Amendments" or "Formal Amendments" and must be found consistent with the objectives and
requirements of the Master Plan. The subject change has been determined by the Planning Director as an administrative amendment as the amendment does not
increase the approved densities or boundaries of the property, or involve an
addition of a new use or group of uses not shown on the original master plan
or the rearrangement of uses within the master plan.
c) Adequacy of the 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
LUP. In the case of the subject amendment, the Master Plan serves as both the
LUP and Implementation Program for the two LCP segments that are subject to
the Master Plan.
The proposed master plan amendment, to allow height increases in two planning areas, involves an adjustment to an existing development standard to provide
consistency with the remainder of the City. Since the original master plan was approved, the City-wide building height measuring point has changed from the mid-point of the roof to the peak. definition has caused the single family homes in Aviara's Planning Areas 13 and 28 to potentially lose up to seven feet of building height for a home with
a typical roof pitch of 5/12.
This change in building height
The proposed amendment would allow the two-story homes in Planning Area 13 to reach 30 feet in height, to the peak of the roof, and the one-story homes in
Planning Area 28 to reach 22 feet in height, also to the peak of the roof.
The proposed height redefinitions in these planning areas would be in keeping
with the remainder of the master plan area. Additionally, both of these
planning areas are required to conform to the development standards of the R-1
zone, and no building will be allowed to exceed the existing City-wide single family height maximum of 30 feet.
minor amendment in the master plan text and does not signficantly change the
allowable building height. Therefore, the proposed implementation plan
amendment to the City of Carlsbad Mello I/East Batiquitos/Hunt Properties segments can be found consistent with and adequate to carry out the policies
of the certified LUP.
This amendment meets the criteria of a
PART VIII. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Section 21080.5 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
Carlsbad LCPA 1-92 Page 25
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. request for the City's Agua Hedionda segment, the Commission finds that approval of the subject LCP amendment, as submitted, does not represent an unacceptable reduction in the amount of lands that are reserved for waterfront recreation or visitor-serving uses along the shoreline of Agua Hedionda Lagoon. The Commission notes that the adjacent site to the west would continue to be designated as RC and would continue to contain a boat launching
facility. Moreover, the City has approved a draft plan and identified funding
sources which indicate that recreational and access opportunities will be
provided along the shoreline on the south side of the lagoon, including a
public boat launching facility. Therefore, the Commission notes that even if
this site is relieved of its recreational and visitor-serving designation,
there is assurance that adequate visitor-serving facilities will continue to
be provided within the City's coastal zone.
In the case of the subject LCP amendment
The land use plan and zoning amendments to the Mello I1 and Mello I/East
Batiquitos segments of the City's LCP deal with changes to the land use
designation and zoning of two areas within the City's coastal zone. The Me I1 amendment raises the potential for significant adverse impacts to coasta resources. As submitted, an almost one-acre corridor of riparian habitat would be removed without adequate mitigation to accommodate the widening of
Camino Real. The proposed suggested modifications would add two new polici to the land use Dlan that would assure that the loss of this habitat was
lo
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justified and adequately mitigated, and would establish additional resource
protection requirements. Given these suggested modifications, the Commission
finds that the approval of Mello I1 amendment will not result in any
significant adverse impacts to coastal resources and can be found consistent
with Chapter 3 Coastal Act policies. Additionally, existing land use plan
policies in the Mello I1 LUP would mitigate the impact of new development on
this property below a level of significance.
The amendment to the Aviara Master Plan raises the height limit in two
Planning Areas. In effect, the amendment redefines the way building height is
measured and would not result in any significant height increase.
respect to Planning Area 28, containing the north shore lagoon trail, existing
provisions of the Master Plan would mitigate the visual impact of proposed
residential structures. For example, the Master Plan provides a minimum
setback of 150 feet from the wetlands boundary except for trail related
features; moreover, the standard front yard setback is 20 feet. These
setbacks help mitigate the height and bulk of new development from the trail and other scenic features. The Master Plan also identifies natural slopes and
tree groves that shall be preserved as open space, and identifies that
specimen landscaping shall be used to screen dwelling units from 1-5, La Costa
With
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Avenue, and Batiquitos Drive. The Master Plan identifies similar provisions with respect to Planning Area 13, which is upland, generally bounded by the
Aviara golf course to the east and west. Given these provisions, no adverse visual impacts are anticipated from the proposed amendment.
Finally, the individual project to which the new LCP policies would apply will require a coastal development permit. The specific impacts associated with this project would be assessed through the environmental review process; and, its compliance with CEQA would be assured. Therefore, the Commission finds that no significant, unmitigable environmental impacts under the meaning of CEQA will result from the approval of the proposed amendment and that the proposed changes can be made.
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