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HomeMy WebLinkAboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (2)Hofrnan Planning Associates 0 0 0 August 19, 1993 Bill Ponder California Coastal Commission San Diego Coast Area 31 11 Camino Del Rio North, Suite 200 !%n Diego, CA 92108-1725 SUBJECT: Evans Point Projeci in Carlskd Dear Bill: Per our phone conversation on August 12, this letter is written to provide you with a brief summary of the evolution of the Evans Point project and to request your assistance in scheduling a meeting with you and Deborah Lee regarding new Mello I1 Policy 3-7 as it relates to this project. At your suggestion, we are requesting that Deborah Lee be in attendance because of the need for policy direction and to facilitate a quick response due to your upcoming plans to be out of the office for an extended period. Project Descqzmn and IIusmy .. The Evans Point project consists of 199 single hmily homes with 7,500 square foot lots on 128.1 acres. Approximately 47% of the site has been set aside as open space. Concurrent with development of the project, the City requires that El Camino Real be widened from two to three lanes on the west side, adjacent to the Evans Point project. The City also requires that a collector street be built to provide fire and circulation access between this property and that to the north (Kelly Ranch). Biological features on site include a large riparian area, adjacent to El Camino Real, and slopes covered with coastal chaparral in the central portion of the site. Lands most suitable for development are primarily in the west and south portion of the project, most of which has been farmed in the past. As shown on Attachment 1 to ths letter, the Zv.s ?ut, PiGjcS h uzdergo~e Pipificant revision over the past few years in order to reduce environmental impacts and comply with the City's Growth Management Program. During this time, the applicant and his representatives have met on several occasions to discuss the project with Coastal staff. The project began as a 371 home project in 1986, was reduced to 263 units through the Growth Management Program by 1989, and further reduced to 199 dwellings in 1992 to minimize environmental impacts. Based on mapping prepared by the City's EIR consultant, the final project as approved by City Council in 1992 avoided all impacts to riparian habitat except for the required construction of El Camino Real and a small desiltation basin in the alkali meadow portion of the wetland. All development was pulled back and away from the riparian area. The EIR confirmed that with these redesigns, the project would not have any sigNfcant environmental impacts.The Carlsbad City Council approved a General Plan Amendment, Local Coastal Plan Amendment, Zone Change, Tentative Map, and Hillside Development Permit for the project in April of 1992. Because of the anticipated 1 acre of impact to wetland habitats from the road and desiltation basin, upon approval by the City Council, the applicant ordered the preparation of a Wetland Delineation Study to assist in their discussions with U.S. Army Corp regarding a Section 404 Clean Water Act permit. The field work conducted late last year and early this year indicated that a large area (approximately 2 acres) of wetland had not been included in the mapping prepared for the EIR. This creates a significant dilemma for the applicant because the area is currently shown as the location of a cul-de-sac street with approximately 7 homes. In November of 1992, the California Coastal Commission approved the Evans Point LCPA amendment. At this time the Coastal staff added Policy 3-7 to the Mello I1 LCP (See attached) which prohibits any impact to wetlands other than for Circulation Element roads and public utilities. Prior to the Coastal Commission decision, the Evans Point applicants had attempted to negotiate a modification to the policy which would have allowed for case-by-case review of impacts to wetlands, in consultation with the U.S. Army Corp of Engineers, responsible state and federal wildlife agencies, and the Coastal commission. This proposal was not acceptable to the Coastal Commission sta. Aithoug;l the project wvtj ori@ily desiped tc avoid wetland impacts except for circulation element roads, the new wetland boundary determined by the wetland delineation renders the approved project design "out of compliance" with Mello I1 Policy 3-7. Because of the uniquely difficult situation of this project, we are requesting that you meet with us to discuss the implementation of Policy 3-7 in regards to this project. This would not be a "pre-submittal" meeting, but a meeting to discuss specific policy implementation. We hope that together we can come to some conclusion as to the best way to redesign the project without sacrificing its financial viability and at the same time minimizing impacts to wetlands. Thank you very much for your consideration and assistance in this matter. Should you have any questions, please do not hesitate to call me. We look forward to discussing the matter with you and Deborah. Sincerely, Lisa King cc: Robert Laing, George Wimpey, Inc. Tony Griffin, George Wimpey, Inc. Don Neu, City of Carlsbad Norm Amdt, Rick Engineering Cam Patterson, Recon Environmental A!ITACHblENT 1 Evans Point - Project History 1/13/86 - 7/1/86 - 12/20/88 - 2/24/89 - 4/27/89 - 4/27/89 - 4/25/89 - 11/22/89 - 12/12/89 - 2/2/90 - First submittal of Evans Point (CT 86-1). The project proposed the development of 371 units on 128 acres. An EIR was prepared but it was not certified by City Council. The Carlsbad Growth Management Ordinance was adopted. Due the Growth Management requirement that a Local Facilities Management Plan (LFMP) for Zone 24 must be prepared, City staff stopped the processing of CT 86-1. The Zone 24 LFMP was approved. A revised Evans Point project was submitted to the City of Carlsbad. The new project proposed a General Plan Amendment from RL (Residential Low density) to RLM (Residential Low-Medium density and OS (Open Space), a Zone Change from L-C (Limited Control) to R- 1 (One-Family Residential) and 0-S (Open Space), and reduction of units from 371 to 263. The new Tentative Map proposing 263 units was prepared consistent with the City's Growth Management Program. This submittal consisted of a General Plan Amendment, a Zone Change, a Tentative Map, an Environmental Impact Report, a Hillside Development Permit and a Special Use Permit (required to show compliance with the El Camino Real Corridor study). The new Tentative Map number was CT 89-8. A letter was submitted to the City of Carlsbad withdrawing the previously submitted application, January 13, 1986, (386-1, for Evans Point. The new application submittal for Evans Point, CT 89-8, started the thirty day review period to determine project completeness. Wetland boundary determination was completed for Evans Point by the applicant's biologist. The project was substantidly redesigned in order to siENficantly reduce the impacts to the sensitive areas shown by ERCE. The Evans Point application was deemed complete. The City requested a letter to solicit a proposal from Michael Brandman Associates, Inc. (MBA) for the preparation of a revised Environmental Impact Report. George Wimpey, Inc. fo4y requested that the City contact MBA for a proposal. MBA responded and entered into negotiations with the City. George Wimpey, Inc. signed the EIR amsdtant authorization to proceed with work on the EIR. -+ _- h 3/28/90 - 4/9/90 - 5/5/90 - 1/91 - 2/20/91 - 12/90 to 8/91 - 2/19/92 - 4/14/92 - sw - dbmrlqN\TdpMn4lil The final City/Codtant contract was signed and approved by the City Council. A revised Tentative Map was sent to MBA to be analyzed as part of the EIR. This revised map was for 231 dwelling units. The reduction in the dwelling units was to reduce the impacts to Coastal Chaparral on slopes greater than 25%. MBA prepared a Notice of Preparation for an EIR. This notice was published and sent to the State Clearinghouse on May 5, 1990. It was determined that the project could not be completed per the state mandated time limits without either withdrawal and resubmittal of the project or scheduling the project for Planning Commission with a recommendation of denial from sd. The applicant decided to withdraw and resubmit the application with the assurance from the City that the processing of the project would not be delayed. The resubmitted applicatim for Ems :'oint was &med mmp!ete. During this period key issues were resolved which resulted in a si@icant decrease in the total number of units which would be eventually approved for this project. 1. Steep Slopes with Coastal Sage/Chaparral The. project as origdly proposed resulted in greater than 10% encroachment onto 25% and greater slopes with sage/chaparral vegetation. The Evans Point project had to be redesigned in a portion of the encroachment areas, thereby resulting in less than 10% encroachment and compliance with the policy. This reduced the number of home sites in the plan. 2. Connection Between Open Space Areas Two open space areas were cut off from the main Evans Point open space area by two internal streets, C and F. After various alternatives were discussed, it was determined by the EIR consultant that over-street crossings were unacceptable, This resulted in the elimination of street F, the loss of several lots along street F, the placement of a 6' x 10' wildlife under crossing under street C, loss of units along street C and the a2iticc'of a loop strzet to provide for secondary access. The Carlsbad Planning Commission unanimously approved the Evans Point project which consisted of EIR 91-2, GPA 91-3, LCPA 91-1, ZC 91-6, T 91-3, HDP 91-3 and SUP 91-2. The 128.1 acre project was approved with a RLM General Plan land use designation and a R-1 Zoning designation on 68.7 acres and an OS General Plan land use and Zoning designation on 59.4 acres. With these proposed land use designations, deducting for constrained acreage induding.additional constraints identified by EIR 91-2, the project could allow for the development of a maximum of 210 units for the site. The Tentative Map proposed and was approved with 199 units. The Carlsbad City Cod unanimously approved the Evans Point project.