HomeMy WebLinkAboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (10)--
November 12, 1992
Bill Ponder
California Coastal Commission
San Diego Coast Area
3111 Camino Del Rio North, Suite 200
San Diego, CA 92108-1725
SUBJECT: MAJOR AMENDMENT 1-92 TO THE CITY OF CARLSBAD LCP - MELLO I1
SEGMENT
Dear Bill:
City staff appreciates the opportunity to suggest revised wording for proposed Policy #3-7
and #3-8 for the Mello I1 Segment of the Carlsbad LCP. The city is requesting that a minor
revision be made to both policies to clarify each further, prevent conflicts between the
proposed policies and existing policies in the LCP, and indicate that determinations
concerning proposed impacts to wetland or riparian resources be left to the California
Department of Fish and Game and the U.S. Fish and Wildlife Service the agencies
responsible for regulating these resources.
,
The policies are listed below with the city requested deletions to the proposed policies
indicated by strikeout we and new text to replace the deletions is in italics:
Mello I1 LCP Policv 3-7:
Wetlands and riparian resources outside the lagoon ecosystems shall be protected
and preserved. PJe direct impacts on defined wetlands and riparian areas may only be
allowed for the expansion of existing circulation element roads ich&%&k -. Other impacts may be allowed ifpermissible pursuant to Section 1600-
I603 of the Calijornia Fish and Game Code. In such cases, the
applicant shall demonstrate that there is no feasible less environmentally-damaging
alternative to the proposed disturbance; any allowable disturbance must be
performed in the least environmentally-damaging manner. 1 Dedication of an easement for open space
purposes shall be required over sensitive resources proposed for preservation within a
project.
.. ..
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.
2075 Las Palmas Drive - Carlsbad, California 92009-1576 - (619) 438-1 161 69
- 4
MAJOR AMENDMENT 1-92 TO THE
CITY OF CARLSBAD LCP - MELLO I1 SEGMENT
NOVEMBER 12, 1992
PAGE TWO
Mello I1 LCP Policv 3-8:
Buffer zones of 100 feet in width shall be maintained around all idm&ied ' preserved
wetland areas and 50 feet in width shall be maintained around all k€e&fk€
preserved 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. The California Department of
Fish and Game and the United 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 proposed revisions provide flexibility to the California Department of Fish and Game
to allow impacts if they are permissible with the Fish and Game Code. This also provides
for the resolution of potential conflicts between existing policies in the LCP as well as City
Standards where the only way a development can comply with several requirements that
may require conflicting actions is to encroach into a wetland or riparian resource. The
encroachment would then be mitigated based on the quality of the habitat being impacted.
This small level of flexibility will allow for review on a project by project basis rather than
requiring this review to take place through a Local Coastal Plan Amendment request in
addition to development permits.
Attached is a copy of the land use map revision adopted by the city. The exhibit contained
in the staff report appears to have been taken from the Evans Point project EIR and is
slightly different than the more restrictive designation of open space areas on the site by
the city.
Thank you for your consideration of this request. Should you need further clarification of
the Citfs intent please contact me at 438-1161, extension 4446.
DON NEU
Senior Planner
Attachment
C: Michael Holzmiller
Gary Wayne
Tony Griffin, George Wimpey, Inc.
Lisa King, Hofman Planning Associates
Robert Green
DN:vd
RevmelI.pol
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** February 19, 1992
EXISTING LOCAL COASTAL PLAN +
PROPOSED LOCAL COASTAL PLAN
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EVANS POINT r LCPA 91-1