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HomeMy WebLinkAboutLCPA 91-01; Evans Point; Local Coastal Program Amendment (LCPA) (3).' C'ATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor ~ 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.