HomeMy WebLinkAboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (12)STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Gowmor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 921081725
(619) 521-8036
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: CHARLES DAMM, SOUTH COAST DISTRICT DIR
DEBORAH N. LEE, ASSISTANT DISTRICT DIR
BILL PONDER, COASTAL PLANNER, SAN DIEG
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 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. 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. lhe 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.
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
Carlsbad LCPA 1-92 Page 2
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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 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 "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 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 appropriate resolutions and motions may be found on Paqes 5 - 7. The suqgested 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 Pase 14; findings for its approval begin on Page 17. The findinqs for approval of the Mello I1 and Mello I/East Batiquitos implementation segments begin 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.
h
PART I. OVERVIEW
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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 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 Cornmission 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".
B. 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
L
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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 bebw 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.
B. 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 findinqs stated below on the grounds that the amendment will not meet the requirements of
Carlsbad LCPA 1-92 Page 6
and conf rm with the 31 i ies 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 adoDts 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)(1) 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.
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Carlsbad LCPA 1-92 Page 7
Staff Recommendation
Staff recommends a NO vote and the adoption of the following resolution and findings. An affirmative vote by the majority of the Commissioners
present is needed to pass the motion.
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 Seqment 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
required.
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
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Carlsbad LCPA 1-92 Page 8
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD/AGUA HEDIONDA 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 Qf 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 envi ronrnent, 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.
In conclusion, Agua Hedionda Lagoon is unique in its status as a multiple-use lagoon area. The area provides for environmentally sensitive habitats,
passive/active water-related recreational uses, and upland urban development.
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 DESCRIPTIONKHAPTER 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 boarding .
The following Chapter 3 policies are most applicable to the subject amendment proposal :
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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. 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.
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. 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.
It is the only such facility on Agua Hedionda
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. 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 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 lagoon (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. The project sponsor has conducted a survey to determine the 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 Commission notes the many similarites between the two amendments. 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 it
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
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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 HELLO 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 Me770 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, control ling 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:
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[...I
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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.
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.
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 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. This would ensure 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.
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.
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
Elevations on the property range
Carlsbad LCPA 1-92 Page 16
corner.
close to El Camino Real. 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.
Topography includes steep slopes as well as relatively flat areas
More than half of the site contains relatively
Portions of the site have been previously disturbed, including areas that had
been used for agricultural use until 1986. While several residential
buildings were located on the site, only a structure of local historic value
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 site
across El Camino Real. At the northeastern corner from the Evans Point site
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.
Surrounding land uses
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 IIA" 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,
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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 Itholding 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
rnanmade 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.
recreational opportunities in the coastal zone consistent with sound c) Maximize public access to and along the coast and maximize public
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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
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Carlsbad LCPA 1-92 Page 19
up to 1O:l when determined by the resource agencies to be of particularly high quality. at lower ratios. habitat value.
Conversely, disturbed and lower quality resources may be mitigated
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. 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.
Commission finds that only as modified with these suggestions, can the
amendment be found consistent with the resource protection policies of the
Coastal Act.
This space ensures that the resource will not be adversely impacted
The
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
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Carlsbad LCPA 1-92 Page 20
are associated with grading on steep slopes. 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 third concern, related to
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. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available.
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. 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.
Agua Hedionda Lagoon is one of the priority acquisition wetlands
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
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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. 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.
Therefore, the
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
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Carlsbad LCPA 1-92
Page 22
alons the El Cami Real tra sport tion co ridor and its attendant infrastructure.
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.
This infrastructure has been designed to accommodate dense
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 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.
PART VII. 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 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). implementation program are proposed. No other changes to the
B. FINDINGS FOR CERTIFICATION
a) Purpose and Intent of the Ordinance. The purpose and intent of the zoninu amendment is to allow a change from planned community to residential
and oien space uses on a 128.1 acre-parcel hear the intersection of the future Cannon Road and El Camino Real.
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 formal i zed.
The property was zoned in the LCP as Limited
b) Major Provisions of the Ordinance.
change of zoning of the identified parcel 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
Ordinance NS-195 provides for the
The R-1 zone permits
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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) Adesuacy 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) 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
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.
amendment to the City of Carlsbad Me1 lo 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
Therefore, the proposed implementation plan
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
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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 Mello I1 amendment raises the potential for significant adverse impacts to coastal
resources. As submitted, an almost one-acre corridor 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
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. With 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
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Carlsbad LCPA 1-92 Page 26
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.
7938A
[EXHIBIT NO.
EVANS POINT
CALIFORNIA COASTAL COMMISSION
CARLSBAD LOCAL COASTAL PROGR4M
i
1 AGUA HEDlONDA LAND USE PLAN- MAJOR AMENDMENT 7-92
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Prepared for:
Laguna Associates
120 Birmingham Drive Ste. 1 10
Cardiff, CA. 92007
Prepared By:
Hofman Planning Associates
2386 Faraday Avenue Suite 120
Carlsbad CA 92008
INTRODUCTION
Laguna Point is a 1.12 acre site within the Agua
Hedionda Land Use Plan segment of Carlsbad's
Local Coastal Program. Specifically, the site is lo-
cated along Adams Street on the north side and
adjacent to Agua Hedionda Lagoon. Th,e site is
currently designated as RC (Recreational Com-
mercial) by the Agua Hedionda Land Use Plan
(LUP). The surrounding land uses are RLM (Resi-
dential Medium density) to the north, RC to the
west, OS (Open Space) to the south and RM (Resi-
dential Low-Medium density) to the east.
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On September 17,1991, the Carlsbad City Council
unanimously approved a General Plan Amend-
ment (GPA 90-2) and a Local Coastal Program
Amendment (LCPA 90-4) to change the land use
designation from RC to RLM.
The City of Carlsbad determined that the RC land
use designation is not compatible with the sur-
rounding land uses and if developed with a feasi-
ble commercial use, it may be disruptive to the
health and safety of the neighborhood residents.
AMENDMENT REQUEST
The amendment request is to change the existing
Agua Hedionda LUP from RC to RLM on the 1.12
acre site commonly known as a portion of
"Whitey's Landing". There is no request to change
any existing text within the Agua Hedionda Land
Use Plan.
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REASONS TO SUPPOCTT AMENDMENT
There Will Be No Net Loss Of Boat Launching
cilities, - The existing boat launching facility will
not be disturbed by the change in land use. Upon
development of the site, an easement for the con-
tinued use of the launching facilities will be placed
on the future tentative map for the Laguna Point
site. This requirement was stated during the Carls-
bad Planning Commission hearings for GPA 90-
.. .
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2/ LCP A 90-4.
hitev's Mna IS I ess Desire&le for Boat
uncm Fdties - EIR 329 for Agua Hedionda
Specific Plan stated that "It is apparent that the
11 = 11 .. .
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LAGUNA POINT
steep slope of the property [Whitey's Landing]
makes it a less desirable location for boat launching
than many other sites
around the Lagoon."
Since this EIR states that
location for boat launch
ing facilities, further
expansion of existing
this site is not a desireabl
facilities is not feasible. f CROSS SECTION
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.. mlSSlOn Has Detmlned That An RC Land
Use Is I- In A Nearby Area - The Carlsbad
Local Coastal Program-Agua Hedionda Segment
Land Use Plan Major Amendment 2-85 was ap-
proved by the Coastal Commission in February
1986. The amendment changed the land use in the
area of Snug Harbor from RC to RLM an4 RM. As
stated in the pending Major Amendment 1-92, the
City of Carlsbad's "rationale for the subject amend-
ment is almost identical to the previous LCP
amendment for Snug Harbor". LUP Amendment
2-85 also revised the text of the policies under
Chapter 6 Recreation. Policy 6.1 was amended to
eliminate reference to Whitey's Landing and
wording which encouraged expansion of existing
boat launching facilities at both Snug Harbor and
Whitey's Landing. Policy 6.4 was amendment to
add wording which emphasized development of
boat facilities on the south shore of Agua Hedionda
Lagoon. Finally, Policy 6.7 was amended from
"The present recreational uses of the Lagoon shall
be maintained and where feasible, expanded" to
the new policy which states "Recreational uses of
the lagoon shall be developed and expanded
where feasible". It was determined by the City of
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Carlsbad that it is not desireable to develop
Laguna Point for Reacreational Commercial uses.
IC S&tv Concerns Encourqaes Low I-
bd Use- The streets in the area are currently
substandard. According to the Carlsbad Engineer-
ing Department, Adams Street will not be widened
to the standard width of 40 feet. This street will be
maintain at a curb to curb width of 34 feet (substan-
dard). Any feasible commercial use of the site will
increase ADT (Average Daily Trips) far above that
which would be generated by a three unit maxi-
mum residential development. Additionally, due
to the location of a "hairpin" turn just east of the
site, sight distance is at a minimum thereby further
supporting a low impact land use.
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PLAN A city wide community
*urn LAND USE CONCEPT PLAN
are Other Locations for Boat bchlnq
Facilities - In 1981 the Macario Park Master Plan
provided for boat launching facilities on the south
shore of Agua Hedionda Lagoon. The latest revision
to that plan which occurred in 1989 still provides for
boat launching facilities on the south shore.
UponspeakingwithboththeCoastalcommissianStaff
andthecityofcarlsbadplanningstaff,bo&a~a~have
stated that they would support a GPA and LDA from
residential to recreation commercial on another more ap
pmpriate site along the shore of Agua Hedionda T-ag0o.n.
The south shore of the Agua Hedionda Lagoon cur-
rently has areas with a General Plan and Zoning
designations of OS (Open Space). The OS portion of
the Zoning Ordinance (Section 21.33.040) allows for
marinas with a Conditional Use Permit. Addition-
ally, the P-U Zone (Public Utility - Section 21.36.020)
also allows for recreational facilities with a Precise
Development Plan. Thes land use designations en-
compass nearly all of the south shore.
As mentioned before, there will be no net loss of
boat launching facilities.
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The Site IS Not Financially Feas ible for Rec rea-
aon Commercial Uses, - This has been demon-
strated by the lack of success that the adjacent
property to the west has not enjoyed. Several res-
taurants have failed at that site and the boat launch
facility used at only a fraction of its potential. If
there comes a time when an additiopal boat
launching facility becomes viable, then a facility
should be placed in a more appropriate location.
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nd Use Survev Imtes an Increase in
mRC mm - Hofman Planning Associates
(HPA) conducted a survey to determine the
amount Travel Service and RC uses within the
Coastal Zone. The total acreage of TS, RC and the
Carlsbad Village Redevelopment Area is approxi-
mately 590 acres. The total RC area is 230 acres. The
loss of 1.12 acres of RC area would be less than four
tentho of one percent. Over the past several years
there has been an increase of approximately 50
acres in RC designated land. Additionally, the staff
report for LUP Amendment 1-92 states that "there
are even more visitor serving facilities that exist in
the City's coastal zone than at the time of the
previous [LUP Amendment 2-85] amendment.
cal Residents Sw the 4mendment- Upon
conducting a mail survey of the residents closest to
the site, Hofman Planning Associates (HPA) deter-
mined that 87% of the property owners who re-
sponded would support a GPA from RC to RM. It
has been proven in the past at the Snug Harbor area
that the local residents would not support any use
which would increase traffic in this area. Again
through the survey conducted by HPA, the local
residents would support less intense land uses for
the site.
5
e Hed- Foaon Sw the
/brim - The Agua Hedionda Lagoon Foun-
dation has informed S.D.G. & E. that one of their
major goals is to establish a boat launching facility
on the south shore of Agua Hedionda Lagoon. The i ” Foundation has stated their support of the amend-
ment with their main concerns being in regards to
sedimentation during and after construction, the
provision of public access across the property and
height restrictions. Their supports and concerns
were voiced at both the Planning Commission and
City Council hearings
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CONCLUSION
Based on the principals of sensible planning, the
safety issues of traffic circulation, the precedent of
the Snug Harbor hearings, consideration for the
residents in the general area of the Laguna Point
site and the fact that additional boat launching
facilities will be provided on the south side of Agua
Hedionda Lagoon, the Agua Hedionda Land Use
Plan should be amended to change the land use
designa tion from RC (Recreational Commercial) to
RLM (Residential Low-Medium density).
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!EXHIBIT NO. I circulation corridors