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HomeMy WebLinkAboutLCPA 95-08; Biological Habitat Preserve; Local Coastal Program Amendment (LCPA)1. A REPORT TO THE PLANNING CO MMISSION P.C. AGENDA OF AUGUST 2, 1995 Application complete date: N/A 1 Project Planner: Teresa Woods Project Engineer: N/A SUBJECT. ZCA 95-02LCPA 95-08 - BIOLOGICAL HABITAT PRESERVES - Request for an amendment to Title 21, Chapter 21.04 of the Carlsbad Municipal Code by the addition of Section 21.04.048 to define Biological Habitat Preserve and amending Title 21, Chapter 21.42 of the Carlsbad Municipal Code by the addition of Section 21.42.010(15) to require the processing of a Conditional Use Permit for biological habitat preserves to ensure that biological habitat preserves are consistent with the City’s General Plan, Growth Management Plan, Local Coastal Program (LCP) and Habitat Management Planning efforts, and to amend the City’s LCP to ensure consistency between the City’s zoning ordinance (which functions as the implementing ordinance for the LCP) and the City’s LCP. I. RECOMMENDATION That the Planning Commission ADOPI” Planning Commission Resolution No. 3782, recommending APPROVAL of the Negative Declaration issued by the Planning Director and ADOPT Planning Commission Resolution No. 3783, recommending APPROVAL of ZCA 95-02, and Planning Commission Resolution No. 3788 recommending APPROVAL of LCPA 95-08, based on the findings contained therein. 11. INTRODUCTION This Zone Code Amendment proposes to define biological habitat preselve and to add a new section to Chapter 21.42 of the Carlsbad Municipal Code requiring the processing of a conditional use permit for biological habitat preserves to ensure that designated biological habitat preserves are consistent with the City’s General Plan, Growth Management Plan, Local Coastal Program and Habitat Management Planning efforts. The Local Coastal Program (LCP) Amendment is necessary to ensure consistency between the City’s Zoning Ordinance and its Local Coastal Program. 111. PROJECT DESCRIPTION AND BACKGROUND In early 1995, the City was notified that the property formerly known as Carlsbad Highlands, located in Zone 15 on the eastern boundary of the City was being considered as a “conservation bank”. A conservation bank sets aside lands for the ZCA 95-02/LCPA 95-08 - blOLOGICAL HABITAT PRESERVES AUGUST 2, 1995 protection of sensitive habitat and species while allowing the property owner to realize market value for their property by pre-approving the land as a mitigation parcel for developments off-site. The establishment of a conservation bank in the City raised several issues including: (1) whether the preserve would preclude providing necessary facilities under growth management; (2) whether the proposal was consistent with the General Plan; and, (3) whether allowing projects out of the City to mitigate environmental impacts in Carlsbad was desirable. These issues will be discussed in the analysis section below. Bank of America took possession of Carlsbad Highlands, a 263-acre parcel of unimproved property, through foreclosure proceedings in September, 1993. An appraisal at acquisition indicated a low value, predominately due to the environmental constraints on the property. Since that time, the Bank has sold 83 acres to Caltrans as mitigation land for Highway 76 in Oceanside, which impacted gnatcatcher habitat. The 83 acres are permanently designated as open space through a conservation easement. Realizing the potential of the property as a conservation bank, Bank of America received approval from the U.S. Fish and Wildlife Service, the California Department of Fish and Game, and the California Resources Agency to designate the balance of the parcel as a “pre-approved” conservation bank. The timing of start-up of the conservation bank and the mechanism for authorizing it were initially unclear to staff. Ultimately, staff was informed that the Bank and the U.S. Fish and Wildlife Service, California Department of Fish and Game, and California Resources Agency had negotiated a Memorandum of Understanding (MOU) to establish the conservation bank. Because no formal mechanism existed in the City requiring a permit for Biological Habitat Preserves, there was no way for staff to require the property owner to address issues of concern to the City. In this case, the City was ultimately able to resolve these issues, but a formal process would have made the resolution quicker and easier. This zone code amendment has been initiated to ensure that in the future, lands proposed for biological habitat preserves are reviewed through a formal process which would allow the City the opportunity to address issues related to the General Plan, Growth Management Plan and Habitat Management Planning efforts. The proposed zone code amendment would require the processing of a conditional use permit (CUP) for biological habitat preserves to ensure that designated biological habitat preserves comply with the following policies and regulations: a. Carlsbad General Plan b. Carlsbad Local Coastal Program c. Growth Management d. Habitat Management Planning efforts e. Chapter 21.42 (Conditional Uses) of the Carlsbad Municipal Code x ZCA 95-02/LcPA 95-08 - ta3LOGICAL HABITAT PRESERVES AUGUST 2,1995 Iv. ANALYSIS Staff is recommending approval of this project. Therefore this analysis section will present the project’s compliance with the above policies and regulations. a. General Plan The proposed zone code amendment is consistent with the vision, goals, and programs of the General Plan. One of the vision statements of the General Plan is “A City which recognizes the value of its unique ecological position as a coastal city of beaches, fragile lagoons, and unspoiled canyons; which has taken steps to conserve the quality and quantity of its air, water, land and biological resources.” Supporting this vision are goals in the Open Space and Conservation Element that include: “(1) A City which protects wildlife habitat through the preservation and enhancement of significant feeding, nesting and breeding areas; (2) A City which preserves to the maximum extent possible, the existing level of biodiversity; (3) A City which preserves a variety of unique.conservation areas to accommodate the needs of humans, plants and animals; and, (4) A City that protects environmentally sensitive land and buffer areas. Implementing programs and policies supporting these goals include: “( 1) Identify existing open space for protection, management, and potential enhancement to maintain and, if possible, increase its value as wildlife habitat; and, (2) Coordinate planning and development of a citywide open space system with habitat planning efforts. All of these statements support the concept of a well planned and coordinated system of open space and habitat preserves. Consistent with the vision, goals and policies, the proposed zone de amendment will ensure that habitat preservation is done in a coordinated manner consistent with the Carlsbad General Plan. b. Carlsbad Local Coastal Propra m The City’s Zoning Ordinance, as approved by the California Coastal Commission, functions as the implementing ordinance for Carlsbad’s Local Coastal Program. To ensure consistency between the City’s amended Zoning Ordinance and it’s LCP, this LCP amendment is being processed. The proposed LCP amendment, which will add new requirements and procedures for designated biological habitat preserves, is not anticipated to result in significant impacts to coastal resources. Any designated biological habitat preserve will be required to be consistent with applicable LCP standards, policies and provisions. At the end of the State mandated six week public comment period, starting on July 20, 1995, and ending August 31, 1995, staff shall present to the City Council a summary of comments received. ZCA 95-02/LCPA 95-08 - blOLOGICAL HABITAT PRESERVES AUGUST 2,1995 PAGE 4 C. Growth Manwement The proposed zone code amendment is being processed to ensure that biological habitat preserves will not preclude the City’s ability to provide necessary facilities identified in the City’s Growth Management Plan. Staff is concerned that if too much of the City were designated as open space it would be difficult to fund necessary public facilities, as well as result in the reduction of long term income sources which were anticipated when growth management was established. By requiring habitat preserves to be reviewed under a CUP, fiscal and infrastructure impacts can be identified and adequately analyzed. d. Habitat Manaeement PIannine Efforts In 1991, the City began preparing a Habitat Management Plan (HMP). The goal of the HMP is to preserve habitats within the City in a mix and configuration that will ensure the persistence, diversity, and species richness of natural communities within the City. A draft HMP has been out for public review since July 1994. The continued processing of the HMP has been delayed to allow time for the development of regional habitat management plans. It is anticipated that the City’s HMP will be ready for Council action in approximately 6 months. The proposed zone de amendment will ensure that future proposed biological habitat preserves are located consistent with the recommendations of the Carlsbad HMP. e. Zoning Ordinance ChaDter 21.42 of the Carlsbad MuniciDal Code The proposed zone code amendment will require (per Section 21.42.010(15)) that a CUP be obtained for any proposed biological habitat preserve. A CUP will not be required for preserves that are proposed as part of a development proposal requiring environmental review nor for land zoned as Open Space (OS). Although a CUP is required for biological habitat preserves under this new code section, there will be no way to guarantee the processing of a CUP on lands being purchased with the idea of using them for mitigation. Unless the City is notified (by either the resource agencies or property owner), that property is being considered for a formal biological habitat preserve, there is no way of knowing that land is being used as mitigation for projects outside of the City of Carlsbad. Staff will be working with the resource agencies to ensure that in the future, the City is notified early in the process of identiwg biological habitat preserves and that property Owners are notified in a timely manner that a CUP is required before a biological habitat presewe is formally designated. SUMMARY The proposed zone code amendment is consistent with the visions, goals, and programs of the General Plan, will not cause adverse impacts to the City’s Growth Management Plan, ZCA 95-0z/LcpA 95-08 - LdLOGICAL HABITAT PRESERVES AUGUST 2,1995 PAGE 5 will ensure consistency with LCP standards, policies and provisions, and will comply with the City’s habitat management planning efforts. Therefore, staff recommends approval of ZCA 95-02. V. ENVIRONMENTAL REVIEW Because the proposed zone code amendment does not condone any site specific development and because future projects will be individually reviewed to evaluate environmental impacts, the Planning Director determined that no significant adverse environmental impacts will result from this proposal and has, therefore, issued a Negative 3eclaration on April 12, 1995. ATTACHMENTS 1. 2. 3. Planning Commission Resolution No. 3782 Planning Commission Resolution No. 3783 Planning Commission Resolution No. 3788.