HomeMy WebLinkAboutLCPA 91-01A; Evans Point; Local Coastal Program Amendment (LCPA)I <. .
I 6@ STAFF kIJi"ER DON NEU
DATE:
TO:
FROM:
SUBJECT:
I.
0 AUGUST 18,1993
PLANNING COMMISSION
PLANNING DEPARTMENT
LBA 91-01[AI - EVANS POINT - Request for a recommendation of approval
of Local Coastal Program Amendment Revisions to add a new policy to the
Mdo I1 Segment of the Local Coastal Program restricting the type of impacts
that can be allowed to wetlands and riparian resources and an additional
policy establishing buffer zones for wetland and riparian areas as approved
by the California Coastal Commission.
RECOMMENDATON
That the Planning Commission ADOPT Planning Commission Resolution No. 3532
RECOMMENDING APPROVAL of revisions to LCPA 91-Ol(A) based on the findings and
subject to the conditions contained therein.
ll. PRWCT DESCRIPTTON AND BACKGROUND
Staff is requesting a recommendation of approval for two new policies to be added to the
Mello I1 Segment of the Local Coastal Program. The two policies were proposed by the
Coastal Commission staff as a result of the City's filing of a Local Coastal Plan Amendment
(LCPA) to amend the Land Use Map for the Evans Point project. The LCPA for the Evans
Point project involved the redesignation of 128.1 acres on the southwesterly side of El
Cadno Real from Planned Community to Low-Medium Density Residential (RLM) on 68.7
acres and Open Space (OS) on 59.4 acres. Also approved was a zone change from L-C
(Limited Control) to R-1 (One-Family Residential) and 0-S (Open Space). The Coastal
Commission adopted the two policies when they approved the amendment to the Land Use
Map. Before the amendment request can become effectively certified, the Executive
Director of the California Coastal Commission must determine that implementation of the
approved amendment will be consistent with the Coastal Commission's certification order.
This is necessary because the amendment request was certified with suggested
modifications.
The two new policies adopted by the Coastal Commission which are being suggested for
adoption by the City are as follows:
7
LCPA 91-01(A) EVANS POINT
AUGUST 18,1993
PAGE 2
Under "Environmentally Sensitive Habitat Area", 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 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.
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
mitigation (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.
City staff requested and received two continuances from the Coastal Commission Staff after
receiving the staff report containing the proposed modifications with the original language
for the two new policies. City staff did not object to the language for Policy #3-8.
Revisions to Policy #3-7 were requested. A meeting was held with Coastal staff to discuss
the proposed policies and it was agreed that City staff would submit revised language for
Policy #3-7. As originally proposed Policy #3-7 allowed no direct impacts to wetlands and
riparian resources outside the lagoon ecosystems. It also fixed the mitigation ratios for any
temporary or permanent disturbance at 4:l for wetlands and 3:l for riparian resources.
The policy was revised to allow disturbances for the expansion of existing circulation
elements roads identified in the certified LCP and direct impacts associated with the
installation of utilities. Set mitigation ratios were deleted and left to a determination made
in consultation with the California Department of Fish and Game and the U.S. Fish and
Wildlife Service. The ratios are to be based on site specific information including the
quality of the habitat being disturbed or destroyed and surrounding site conditions. City
. r
LCPA 91 -01 (A) WANS POINT
AUGUST 18,1993
PAGE 3
staff attended the Coastal Commission Hearing and requested that Policy #3-7 be amended
to allow other impacts if permissible pursuant to Section 1600-1603 of the California Fish
and Game Code. Flexibility was needed to prevent conflicts between the proposed policies
and existing policies of the LCP. The Coastal Commission on the recommendation of their
staff denied the City's request. It will be necessary to work with the policy to see if there
are any problems in implementing it as it has been adopted by the Coastal Commission.
III. ANALYSIS
Planning Issues
1. Does the City accept the inclusion of the proposed policies into the Mello I1 Segment
of the LCPA finding that they are necessary to provide adequate protection for
wetland and riparian resources outside the lagoon ecosystems?
DISCUSSION
The suggested modifications to the City's Local Coastal Program Amendment 91-01 includes
adding two new policies to the Mello I1 Segment of the Local Coastal Plan. Policy #3-7
requires the protection and preservation of wetlands and riparian resources outside the
lagoon ecosystems. The LCP did not contain any policies addressing these resources unless
they are in the vicinity of a lagoon. In practice, the California Department of Fish and
Game and the U.S. Fish and Wildlife Service are consulted if disturbance of these resources
is proposed to determine if a permit is needed from those agencies and what mitigation will
be required if a temporary disturbance or permanent displacement is allowed. Policy #3-8
requires buffer zones to be maintained around all identified wetland and riparian areas.
The buffer zones are also reviewed by these wildlife agencies.
Inclusion of the two policies mentioned above in the LCP will provide protection of wetland
and riparian areas. The policies codify what is required by the wildlife agencies.
Acceptance of the policies is necessary for the Evans Point Local Coastal Plan Amendment
to be certified. Protection of wetlands and riparian resources outside the lagoon
ecosystems will be assured by the adoption of these two policies. Should Policy #3-7
prove to be too restrictive resulting in the preservation of isolated wetlands and riparian
resources, staff will then have additional justification to attempt to persuade the Coastal
Commission that this policy should be altered.
The proposed revisions have been determined to be exempt from CEQA pursuant to Section
21080 (b)(16) as it is a project undertaken by a local agency to implement a rule or
regulation imposed by a state agency, board, or commission under a certified regulatory
program pursuant to Section 21080.5.
LCPA 91-01(A) EVANS PUNT
AUGUST 18,1993
PAGE 4
ATTACHMENTS
1.
2.
3.
Planning Commission Resolution No. 3532
Carlsbad Local Coastal Programs Segment Boundary Map
Letter dated January 12, 1993 from the California Coastal Commission.
DN:lh:vd
June 21, 1993
EXHIBIT "LCPA 91-01 (A)"
AUGUST 18,1993
SUGGESTED MODIFICATIONS:
Mello I1 Segment Land Use Plan
1.
2.
On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-7
shall be add 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 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. 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.
DN:Lnrd
ICPA9101 .EX
CARLSBAO LOCAL COASTAL PROGRAM (LCP)
SEGMENTS
BOUNDARY MAP
City of Carlsbad
EVANS POINT I LCPA 91-01(A)
PETE WILSON, Gowmor STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALI FORN I A COASTAL COMMISSION
SAN DIEGO COAST AREA
31 11 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
January 12, 1993
Don Neu City of Carl sbad 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 "Evans 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. the amendment resulted in a change to the certified local coastal program's area of jurisdiction, the local government must also submit a resolution
If
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. on this planning effort.
any way possible to continue the successful implementation of the local
coastal program.
If you have any
Thank you and the other staff members who worked We remain available to assist you and your staff in
Sincerely,
Deborah N. Lee
Assistant District Director
(81 03A)
Don Neu
January 12, 1993 Page 3
SUGGESTED MODIFICATIONS
Mello I1 Segment 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 and those direct impacts
associated with installation of utilities (i.e., water, sewer, and
electrical lines). 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. resource areas is requi red. Open space dedication of sensitive
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