HomeMy WebLinkAboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (3).' C'ATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor
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C A LI FORN I A C9 AST A L COMMl SSI ON
SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUlE 200
SAN DIEGO. CA 92108-1725
(6 1 9) 52 1 -8036
January 12, 1993
Don Neu City of Carlsbad Planning Department
2075 Las Palmas
Carlsbad, CA 92009
Re: Certification of Local Coastal Program Amendment 1-92
Dear Mr. Neu,
On November 17, 1992, the California Coastal Commission approved the above-identified amendment request. In its action, the Commission approved
amendments to the Agua Hedionda and Mello I/East Batiquitos segments as submitted. 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", was approved to be redesignated from Recreational
Commercial to Low-Medium Density Residential. Regarding the Mello I/East
Batiquitos Lagoon LCP, an amendment to the Aviara Master Plan was approved to
redefine building height in Planning Areas 13 and 28 to provide consistency
with recent municipal code amendments. The Commission also approved an
amendment to the certified Mello I1 segment subject to two suggested
modifications. This amendment involved the redesignation of 128 acres on the southwesterly side of El Camino Real, commonly known as IIEvans Point", from Planned Community to Low-Medium Density Residential and Open Space; also approved was a zone change from L-C (Limited Control) to R-1 and Open Space on this property. The adopted suggested modifications are attached.
Before the amendment request can become effectively certified, the Executive
Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary
because the amendment request was certified with suggested modifications.
In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of
certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is
required to satisfy them, such as rezonings or other ordinance revisions. If the amendment resulted in a change to the certified local coastal program's
area of jurisdiction, the local government must also submit a resolution
Don Neu January 12, 1993 Page 2
agreeing to issue coastal development permits in conformance with the certified LCP for that area.
As soon as the necessary documentation is received in this office, and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing.
questions about the Commission's action or this final certification procedure,
please contact our office. Thank you and the other staff members who worked
on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local
coa s ta 1 program.
If you have any
si ncere 1 y ,
Deborah N. 'Lee
Assistant District Director
(81 03A)
.
Don Neu
January 12, 1993
Page 3
SUGGESTED MODIFICATIONS
Mello I1 Seqment Land Use Plan
1. 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 and those direct impacts
associated with installation of utilities (i.e., water, sewer, and
electrical lines). There must be no feasible less
environinentally-damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least
environmentally-damaging manner. Open space dedication of sensitive resource areas is requi red.
Mitigation ratios for any temporary disturbance or permanent displacement of identified resources shall be determined in consultation with the
California Department of Fish and Game and the U.S. Fish and Wildlife
Service. Appropriate mitigation ratios shall be determined based on site
specific information including the quality of the habitat being disturbed
or destroyed and surrounding site conditions.
2. 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. The California Department of Fish and Game and the United
States Fish and Wildlife Service shall be consulted in such buffer
determinations. Buffer zones shall be protected through the execution of
open space easements and passive recreational uses are restricted to the
upper half of the buffer zone.