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
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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
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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.
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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,
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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.