HomeMy WebLinkAboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (11)--
* STATE OF CALIFORNIA-THE RESOURCES AGENC
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200 July 28, 1992 SAN DIEGO, CA 92108-1725
(619) 521-8036
23-4- 92
CHARLES DAMM, SOUTH COAST DISTRICT DIRECTOR
DEBORAH N. LEE, ASSISTANT DISTRICT DIRECTOR, SAFPDIPGO AREA OFFICE
~p& -p Lmd Uz PIw TO: COMMISSIONERS AND INTERESTED PERSONS
FROM : ~drf;~~~,~~+~~ tan m$aa
BILL PONDER, COASTAL PLANNER, SAN DIEGO AREA OFFICE
SUBJECT: STAFF RECOMMENDATION OF MAJOR AMENDMENT 1-92 TO THE CITY OF
CARLSBAD LOCAL COASTAL PROGRAM-MELLO I1 LCP, AGUA HEDIONDA LAND USE
PLAN AND MELLO I/EAST BATIQUITOS LAGOON LCP: (For Public
Hearing and Possible Action at the Meeting of August 11-14, 1992)
SYNOPSIS
BACKGROUND
The Carlsbad Local Coastal Program consists of six geographic segments. Pursuant tp 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. In October,
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.
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. The East Batiquitos/Hunt Properties Segment was certified in 1988.
lhe subject amendment request pertains to three of the City's segments.
SUMMARY OF AMENOMENT REQUEST/BACKGROUND
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.
of El Camino Real, commonly known as "Evans Point", between the future extension of Cannon Road and Camino Hills Drive would be redesignated from
Regarding the Mello I1 segment, 128 acres on the southwesterly side
Carlsbad. LCPA 1-92 Page 2
Planned Community (PC) to Low-Medium Density Residential (RLM, 0-4 du/ac) and Open Space (OS); also proposed is a zone change from L-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 I'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 RECOMMENDATION
Staff recommends rejection 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 TI and Mello I/East Batiquitos
Lagoon segments.
The appropriate resolutions and motions may be found on Paqes 4 - 6. The
suqqested modifications may be found on Page 6. Findings for rejectiw, as
submitted. of the Aqua Hedionda seqment beqin on Page 7; findinqs for
rejection, as submitted, of the Mello I1 segment begin on Page 12. The
findinqs for approval of the Mello I1 and Mello I/East Batiquitos segments
beqin on Paqe 17 and Page 20 respectively.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP amendment may be obtained from Bill Ponder, at (619) 521-8036.
Carlsbad LCPA 1-92 Page 3
PART I. OVERVIEW
A. Local Coastal Program History-A1 1 Seqments.
The City of Carlsbad Local Coastal Program (LCP) consists of six geographic segments: 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 LagoonIHunt Properties LCP segment with 1,000 acres and the Village
Area Redevelopment segment with approximately 100 acres.
the Agua Hedionda Lagoon LCP segment comprised of approximately
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 July 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.
therefore did not apply these provisions in the review of local projects.
Among those issues
The City
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-Sarnmi s) .
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 Page 4
for the Village Area Redevelopment segment of the LCP. A post-certification maps occurred in December and the City
authority for.this LCP segment on December 14, 1988.
LCPA 1-92
review of the assumed permit
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 should also 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".
B. STANDARD OF REVIEW
The standard of review for land use plans, or their amendments, is found in
Section 30512 of the Coastal Act. lhis 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 30512
(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 hqs 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.
Carlsbad LCPA 1-92
Page 5
A. RESOLUTION I (Resolution to deny certification of the City of Carlsbad Agua Hedionda and Mello I1 Land Use Plan Amendments 1-92, as
submitted)
MOTION I
I move that the Commission certify the Agua Hedionda Land Use Plan Amendment NS-174 and the Mello I1 Land Use Plan Amendment, 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 I
The Commission hereby denies certification of the amendment request to the Agua Hedionda Land Use Plan and adopts the findinss stated below
on the grounds that the amendment will not 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 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.
B. RESOLUTION I1 (Resolution to certify the City of Carlsbad Mello I1 Land
Use Plan Amendment 1-92, if modified)
MOTION I1
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 I1
The Commission hereby certifies the amendment request to the City of Carlsbad Mello I1 LCP Land Use Plan and adopts the findinss stated below on the grounds that the amendment, with suggested modifications, will meet
Carlsbad LCPA 1-92 Page 6
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.
C. RESOLUTION 111 (Resolution to certify the City of Carlsbad
. Mello I1 LCP Implementation Plan and Mello I/East Batiquitos Lagoon LCP Implementation Plan Amendments 1-92, as submitted)
MOTION I11
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.
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 111
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
A. Mello I1 Seqment Land Use Plan
1. On Daqe 18. under "Environmentally Sensitive Habit t Are sH, a new
Policy #3-7 shall be added to read: outside the lagoon ecosystems shall be protected and preserved. impacts may be allowed unless it is found that there is no feasible
alternative and the work may be performed in the least environmentally damaging manner. 'Mitigation for any temporary disturbance or permanent displacement of identified resources shall be required at the following
Wetlands and riparian resources No direct
ratios. for wetlands, 4:l replacement for impacted area and for riparian .&P
sensitive resource areas will also be required.
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. 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.
resources, 3:l replacement for impacted area. Open space dedication of &
2. On page 18, under l'Environmentally Sensitive Habitat Areas", a new
PART IV. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD AGUA HEDIONDA LAND USE
PLAN AMENDMENT AND MELLO I1 LAND USE PLAN AMENDMENT. 1-92, AS
SUBM I TTE D
1. DENIAL OF AGUA HEDIONDA LAND USE PLAN. AS SUBMITTED
A. AMENDMENT DESCRIPTION
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. The existing Land Use Map and policies designate the subject property
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).
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. 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.
involves modification of the existing land use designation for a parcel located within the inner lagoon.
These
The subject amendment request
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Carlsbad LCPA 1-92 Page 8
Prior to 1952, the lagoon was an increasingly restricted salt water marsh, the
result of accumulated sedimentation and the absence of 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.
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.
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 deep water environment, along with approximately 200 acres
The California Department
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.
Existing land uses within the plan area include a variety of residential,
commercial and recreational uses. The north shore includes a range 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. 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.
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.
It is these competing demands which the Agua Hedionda LUP must appropriately
balance in order to preserve and protect the resources of the lagoon.
The area provides for environmentally sensitive habitats,
8. 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
- 1. --
Carlsbad LCPA 1-92 Page 9
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. These are
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.
As mentioned, Agua Hedionda is unique in that the lagoon provides a wide range
of active and passive recreational opportunities in addition to its vast areas
of environmentally sensitive wetlands.
the habitat of the lagoon, recreational uses, passive or otherwise, are
restricted within certain parts of the plan area. However, the majority of
the lagoon is available for recreational use.
Because of the sensitivity of some of
C. CHAPTER 3 CONSISTENCY
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
sailboarding.
The following Chapter 3 policies are most applicable to the subject amendment proposal:
Section 30220
Coastal areas for water-oriented recreational activities that
cannot readily be provided at inland water areas shall be protected for
such uses.
Sect i on 30221
Oceanfront land for recreati on shall be protected for recreational us lopment 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 land recreational facilities -to enhance public opportunities for
suitable for visitor-serving commercial
Carlsbad LCPA 1-92 Page 10
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.
w
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. The subject
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
particularly, those Chapter 3 policies cited above.
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 Adam 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 for boat launching access and boat parking. Along with the adjacent parcel to the west, the parcel is designated as Recreational Commercial (RC) which provides for tourist-oriented uses. It shares a boat launching ramp with the
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 Adam Street.
The existing at launch and retail/rental shop is located
about one mile to the wes
it passes over the lagoon.
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 serve to increase the opportunity of recreational use of the lagoon by the general public.
subject site, immediately adjacent to 1-5 as It is the only such facility on Agua Hedionda 'r l!. 1%
&
In Carlsbad LCPA #2-85 (February, 1986), the Commission approved the
redesignation of 10 acres of property surrounding Snug Harbor, but without
wa t CC
--
, from RC to Re Low Medium (RL, 0-4 du/ac).
Carlsbad LCPA 1-92 Page 11
idential Medium (RM, 4-10 du/ac) and Residential
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
(side by side residential and commercial uses) and the potential for traffic
congestion if additional commercial uses are constructed in the otherwise
residential neighborhood. The City noted that traffic in the area was already
hampered by inadequate street widths and the lack of an arterial or collector
street in the neighborhood.
The designations of Residential Low and Residential Medium were propos'ed 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 City believes commercial
use of the subject site would be in conflict with surrounding residential use
and traffic generated by commercial use would congest local substandard
streets. The City noted that the recreational commercial designation was
given to the subject site because of the boat launching facility that existed
on the site as part of Whitey's Landing. While recognizing these points, the
Commission notes that visitor-serving use of this site could also result in
more recreational opportunities for coastal visitors on the only lagoon that
offers active recreational use of its waters to the recreating public.
In the 1985 Snug Harbor amendment, the City proposed four other changes
regarding the redesignation of 10 acres from R-C to Residential.
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 as a site for boat launching facilities.
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 and is consistent with
Coastal Act policies, the City should develop public or joint public/private
boat facilities on the south shore of the lagoon (emphasis added); and that
recreational uses of the lagoon shall be developed and expanded where
feasible.
The other
The City also proposed that
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Carlsbad LCPA 1-92 Page 12
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 LUP modifications proposed clearly called for the provision of additional recreational uses elsewhere on the lagoon. With the provision for additional public recreational uses included, the Commission found the LUP amendment proposals consistent with Sections 30212, 30213, 32014, 30215 of the Coastal Act.
The Commission notes the many similarities between the two amendments and recognizes there are even more visitor-serving facilities that exist in the City's coastal zone than at the time of the previous amendment. However, the
Commission finds that it can not support the current amemdment request to
remove the RC designation from the subject site. The Commission notes that it supported the amendment request in the Snug Harbor area 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 LUP modifications proposed clearly called for the provision of additional recreational uses
elsewhere on the lagoon. In particular, the Commission accepted the City's
proposal 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
should develop public or joint public/private boat facilities on the south shore of the lagoon (emphash added). Because Agua Hedionda Lagoon is the
only recreational lagoon in San Diego County, there is a demand for additional boating-oriented recreational opportunities on the lagoon that can not be adequately met by the existing facilities in Snug Harbor.
Since public recreational uses are a high priority under the Coastal Act, and boat lauching facilities are vital to maintaining the active recreational
character of Agua Hedionda Lagoon, any proposal for a change in Jand use designation must ensure there is no net loss in recreational opportunities on the lagoon to be found consistent with applicable Coastal Act policies. In
recognition of the lagoon's recreational opportunities and the expected increased demand for their use by the recreating public, the City has approved
a draft plan for the south side of the lagoon near 1-5 that is known as Macario Park. This plan indicates that.recreation and access opportunities would be provided along the shoreline on the south side of the lagoon, including a boat launching facility. However, at this time, the park and the attendant recreational facilities are only conceptual and it is unclear when these plans would go forward. Therefore, the Commission finds that, because of the lack of assurance that adequate visitor-serving facilities will be
provided if this site is relieved of its recreational and visitor-serving designation, redesignation to strictly residential uses is premature at this time and can not be found consistent with the visitor-serving and recreational policies of the Coastal Act.
2. DENIAL OF MELLO I1 LAND USE PLAN, 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
Carlsbad LCPA 1-92 Page 13
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.
1. states:
Sect i on
CHAPTER 3 CONSISTENCY
Environmentally Sensitive Habitat Areas. Section 30231 of the Act
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.
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
(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.
Carlsbad LCPA 1-92 Page 14
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.
of coastal wetlands identified by the Department 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.
Any alteration
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 Oensity 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 on a knoll located in the south central
part of the site (Evans Point) to 30 feet above msl in the northwest 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 riparian scrub near
El Camino Real Road. A 14 acre eucalytpus grove is located in the 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.
include two mobile home parks, one to the east and the other north of the
across El Camino Real. At the northeastern corner from the Evans Point s
Surrounding land uses
had
ue
site
te
Carlsbad LCPA 1-92 Page 15
is the recently approved Eagle Canyon project with 32 lots on 14.5 acres. Single family residences and the Kelly Ranch property, a 433 acre as yet
unbuilt multi-use project, including a maximum of 1,400 residences, is located
to the west.
In reviewing the proposed LUP designation change for this 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. 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.
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 speci'es which are found on such hillsides. The second
concern involves the potential impacts of erosion and sedimentation on
downstream resources that 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. The policies of the
certified Mello I1 segment of the City's LCP contain the following language regarding the development of steeply sloping hillsides with native vegetation:
Grading and Erosion Control
a) For those slopes mapped as possessing endangered plant/animal species and/or coasta1,sage scrub and chaparral plant communities, the
following shall apply:
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.
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
available.
1)
This
Uses of
-4
Carlsbad LCPA 1-92 Page 16
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
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.
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. 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 provide resource protection to Buena Vista and Batiquitos lagoons
respectively, would not allow development, including roads, to encroach within the identified wetland resources.
* '\b
For example, the LCP provides that both Buena Vista and
The certified LCP contains no other policy language that would prevent the on-site wetlands from being impacted by the road widening. The wetland
Carlsbad LCPA 1-92 Page 17
preservation policies are site-specific to Buena Vista and Batiquitos lagoons
only and do not apcply to wetland impacts in other areas of the Mello I1 plan
area. However, 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.
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
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.
Because resource
habitat preservation policies. Therefore, the Commission finds that the I*
PART V. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAO MELLO I1 LAN0 USE PLAN
AMENOMENT 7-92, IF MOOIFIED
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.
6. 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 of the Coastal
Act and meets 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
resource conservation principles and constitutionally protected rights of
private property owners.
development over other developments on the coast. d) Assure priority for coastal-dependent and coastal-related
.- L --
Carlsbad LCPA 1-92.
Page 18
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. 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.
The suggested modifications require that potential impacts to sensitive habitats be appropriately reviewed. Specifically, Suggested Modification #l requires that existing wetlands and riparian resources outside the lagoon ecosystems must be protected and preserved. No direct impacts to these resources may be allowed unless it is found that there is no feasible alternative and the work may be performed in the least environmentally damaging manner. Mitigation for any temporary disturbance or permanent
displacement of identified resources is required at the following ratios:
wetlands, 4:l replacement for impacted area and for riparian resources, 3:l replacement for impacted area. Open space dedication of sensitive resource areas is also required.
-
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.
of sensitive habitats 'would also be achieved. In short, because the amendment would not modify any existing habitat preservation, or runoff and erosion
As modified by the suggested modification, resource protection
Carlsbad LCPA 1-92. Page 19
control provisions of the certified LCP; the redesignation of the property can
be found consistent with Sections 30231, 30233, 30240, and 30250 of the
Coastal Act.
2. Aqriculture. 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 contained 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 contain 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. However, although the subject site was designated as Planned Community, the preceding
"mixed use" approach to agricultural preservation and the slope density
provision 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 correspondPng demand upon public services. With respect to
impacts on these services, the site is located in an existing developed area 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
Carlsbad LCPA 1-92 Page 20
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.
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.
well-removed from any of beaches in the Carlsbad 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.
The EIR identifies that project traffic
With respect to traffic impacts on beach access, the project site is
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1 AND MELLO I/ EAST BATIQUITOS IMPLEMENTATION PLAN AMENDMENTS 1-92, AS SUBMITTED
1. MELLO I1 LCP
A. AMENDMENT DESCRIPTION
The City of Carlsbad LCP Implementat City's Zoning Code. The proposed IP
of an ordinance, Ordinance NS-195 of change the zoning of the Evans Point
R-1 (Single family residential) and Implementation Program are proposed.
B. FINDINGS FOR CERTIFICATION
on Program (IP) takes the form of the
amendment has been submitted in the form
the City's Municipal Code, which would
property from L-C (Limited Control) to -S (Open Space). No other changes to the
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
change of zoning of the identified parcel from L-C (Limited Control) to R-1
(Single Family Residential) and 0-S (Open Space). The R-1 zone permits
one-family dwellings with accessory buildings and structures, permits a 35
foot height limit, and establishes development standards for setbacks,
placement of buildings, minimum lot area etc. 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
This would allow development of
Carlsbad LCPA 1-92 Page 21
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 zone also permits accessory uses and structures to be
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 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.
8. 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) Major 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
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
IC- --
Carlsbad LCPA 1-92 Page 22
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 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.
The subject change has been determined by
c) Adequacv of the Ordinance to ImDlement 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. This change in building height
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.
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 VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA)
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
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.
Carlsbad LCPA 1-92
Page 23
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, would represent an
unacceptable reduction in the amount of lands that are reserved for
visitor-serving uses along the' shoreline of Agua Hed'ionda Lagoon.
redesignation of the site from visitor-serving to residential uses would mean that coastal visitors would not have their needs met, and would, in turn, have
to drive away to other areas. This could result in adverse environmental impacts to air quality from pollutants associated with vehicular use and would require increased consumption of non-renewable resources such as petroleum.
Traffic circulation and access to the coast could also be adversely affected
by increased vehicular use.
In the case of the subject LCP amendment
The
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 Mello I amendment raises the potential for significant adverse impacts to coastal
resources. As submitted, an almost one-acre corrldor of riparian habitat
would be removed without adequate mitigation to accommodate the widening of El
Camino Real. The proposed suggested modifications would add two new policies
to the land use plan that would assure that the loss of this habitat was
adequately mitigated as well as 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.
Moreover, the individual project to which the new land use plan policy would
apply will require a coastal development permit by the Coastal Commission.
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.
the suggested modifications, potential impacts resulting from destruction of
sensitive habitat will be appropriately mitigated.
Given