HomeMy WebLinkAboutLCPA 91-02; Poinsettia Shores Master Plan; Local Coastal Program Amendment (LCPA) (9)May 11, 1994
California Coastal Commission
(HAND DELIVERED 1
RE: CITY OF CARLSBAD LCPA 1-94, UPDATED REVISIONS TO TEE
APRIL 28, 1994 STAFF REPORT
Commissioners:
The City of Carlsbad OBJECTS tothe revised suggested modifications that require the City to accept maintenance and liability for a trail system that has been imposed upon the City. The City believes that the suggested modifications as proposed by your staff
are in direct conflict with PRC Sections 30212(3) and 30516 which:
1) Delete public accessways that are not accepted by a public
agency or private association; and
2) Prohibit withholding approval of a LCP due to the inability of the City to financially support or implement any Coastal Act policies.
The City is willing however, to accept compromise language that
allows development to proceed while guaranteeing the construction
of public accessways.
The following language is proposed. Coastal staff modifications
are underlined and City additions are double underlined:
Lagoon accessways, bluff top accessways or equivalent overlook
areas, and a bike path/pedestrian walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed. Each planning area containing a segment of the trail shall be conditioned to require construction maintenance of that portion of the trail within the planning area, unless otherwise
specified in the Batiquitos Lagoon Enhancement Plan. Each Dlanninq
area containina a sement of the trail shall be conditioned to
construct its trail sement mior to the issuance of any buildinq
permits for that plannina area. Such accessways shall be preserved
for public use by requiring irrevocable offers of dedication of those areas as a condition of development and, prior to the issuance of anv buildina permits for those plannina areas, the trail dedications shall be accepted bv the Citv of Carlsbad if th"
Citv agrees and it adopts a Citywide Trails Proaram that includest
provisions for maintenaitherwise the oblisation
2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 @
MAY 11, 1994
CALIFORNIA COASTAL COMMISSION
PAGE 2
for construction maintenan-liability shall be the- responsibility of another auencv desianated by the City or the Esponsibilitv of the Homeowners Association.cr stk, wei+ey
u LI, b.llb b&b, "a. bU Upon acceptance of the ;I h.. tkr. rr:c -.e m-.
dedication, includina maintenance and liability responsibilities,
and completion of the trail improvements, the trail shall be open for public use. The accessways shall not adversely impact
environmentallv sensitive habitats.
The suggested City revisions would replace the staff suggested modifications throughout the remainder of the May 11, 1994 staff memorandum to the Commission that addresses the trail maintenance and liability issue.
When Carlsbad adopted its six LCP segments, it agreed to enforce
the Coastal Act policies. However, the City never agreed to accept
financial responsibility for policies and requirements mandated by the state. The staff suggested modifications referred to above infact defer what might be considered a state responsibility to the City. Furthermore, we believe that PRC Section 30212(3) allows for development to proceed should public accessways not be accepted by local jurisdictions. The staff suggested modifications would place a moratorium on development if the City is unwilling to accept
financial responsibility (which it is unwilling to do) or if
another public agency is also unwilling to accept.
In conclusion, the City will not accept nor implement the revised
suggested modifications that attempt to require the City to accept financial responsibility (i.e, maintenance and liability) for the
trail.
Thank you for your consideration of this City proposal.
Sincerely,
Assidtant Planning Director
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