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HomeMy WebLinkAboutLCPA 98-04; Thompson/Tabata; Local Coastal Program Amendment (LCPA) (6)SATE OF CMlCORNlA -THE REWRCEB AdENCY CALIFORNIA COASTAL COMMl SSl ON 1 SANDIEWARm 7675 METROPOLPAN DRIVE. SUITE 103 MNDIMO.CA 92109402 (810) 787-2370 May 10,2002 Michael I Iolzmiller Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-73 14 RF,: Carlsbad Hubilat Managcmcnt Plan Propoaed 12e~sions to “Standards Areas” - Undeveloped Coastal Zone Properties Dear Mr, Holzmiller: Coastal Commission stairhave reviewed the City’s proposcd revisions to the portion of the draft fiabi tal Managcmcnt Plan (HMP) tlist provides standards for undeveloped properties containing environmentully sensitive habitat areas (ESHA). We have preparcd suggcstcd modifications to the future development standards applicable to undeveloped propcnics in thc coastal 7x)ne. ‘These suggesled modifications are attached to this letter. We also ofler cornmcnts and recommendations rcgarding the HMP as a whole, and neccssary changes to thc City’s certified lncal Coastal Program (LCP), as a follow up to ow previous letter ol‘ August 3,2001. The HMP has been prepared as part of the proposed San Diego County Multiple Hebitat Conservation l’rogrtim (h4HCP). The MHCP will establish a coordinated habitat prcscrvc system to protect listed apecies and rarc native vegetation while accommodating regional development needs. We recognize that creation of an effective habitat prescrvc rcquircs a carcfhl balancing of preservation and mitigation requirements, as well as enforccablc monitoring, remediation, and an adequately finded maintenance program for the prcserve arca. Our primary intent is to ensurc that the HMP provides a comprehcnsivc plan for creation and manageinem of proposcd preserve areas in the coastal zone, along wilh appropriate criteria for development reqiiirements and delineation of develapmcnV prcscrvation boundaries. We belicvc that the specificity in our recommendcd standards is neccssary to understand the potential overall impacts of the HMP on lhe City’s remaining nativc vcgetated areas within the coaslal zone, and to plan accordingly for long-term protection of those areas and a regional habitat preserve. Bascd upon adequate titrucluring and implenientation of the HMP, we can cicccpt this proposcd level of limited ESHA impacts on highly constrained coastal propertics, in part becausc the regional MHCP irnd its subarea plans, including the HMP, are intended to provide broad-based protcction for native habitat throughout Son Diego County. The proposed allowance of 25% maximum site development on highly constrained properties (ie,, 80% or more of the site contains ESI-IA) is generous and is provided a8 an incentivc Tor participation in establishment of the regional prescrve. However, the City may wish to consider applying a mom stringent maximum allowable development area for larger, highly- constrained parccls where the total potcntial impacts to ESHA could he especially significant. ‘ Michuel Holiiillcr May 10,2002 Page 2 As we have indicatcd bcrorc, Section 30240(a) of the Coastal Act cstablishes a specific mandate for resource preservation. It states, in part, “(e)nvironmentally scnsitive habitat arcas shall be protected against any significant disruption of habitat values.. .’* Areas that are determined to constitute ESMA must be preserved and only uses dependent on those resources may be allowed. For that reason, we have consistently expressed the need to restrict and justifi any encroachments. On larger properties, it will be mort: incumbent to document the need and benefit of considoring significant impacts. The regional nature of the habitat preservation effort seis the MHCP and HMP aport hm other local jurisdiction plans afTecting ESI IA, where the noncomprchensivt nature of the plans and lack of regional resource protection standards require more fitringent limitations to coastal BSHA impacts for individual sites. The dustoring and concentration of dcvclopment away from semitive areas that will result from the proposod standards will provide a largcr, more contiguous preserve arca than if development on the same properties were to be approved on a lot-by-lot basis. The HMY alfio proposes to provide a higher standard of protection for coastal ESHA than currently provided by the certified LCP, which addresses only native habitat on stecp slopes greater than 25% (dual-criteria slopes). To ensure that regional resource protection cm be accomplished, it is especially important that the IIMP be updated to include revised guidelines fir both the “standards areas” and “hordline” propertics in the coastal zonc, consivtcnt with our recommendations as noted above and in our previous corrcspondence. The HMP hardlines should also reflect changes which have occurred since the drafl was origiiially produccd, such as the Commission’s approval of the Kelly Ranch developmcnt. As we noted in our previous letter, in order to meet Coastal Act rcquirements, the UMI’ must be able to demonstrate sound, acienlifically-based principles for preserve design and location. The I IM 1’ should clearly identify plmncd conidor locations based on the actual location of resources, cncourage the concmlration of development away tiom ESHA and corridor areafi, and site dcvelopmeiit areas on the least-sensitive portions of the propertics in order to preserve thc largest contiguous blocks of ESIIA. Higher densities and/or transfer of developmcnt credits diould bc cncouraged on thosc coastal zone properties which are unconstrained and are not Iocatcd within a designatcd habitat core and linkage area. To enRure consistency and maximum habitat protection for remaining undsvcloped coastal properties, we havc prcpared Rtandurds that should be applied to all of thove properties that contain ESI-1 A, Thcse standards address buffers, bnish management and fuel modification, protection of wetlands, mitigation requirements and ratios, and maximum developable areas for highly constrained properties. In general, we have attempted to increase the level of planning detail on individual coastal properties containing ESHA, in order to maximize protection of thc key wildlife habitat and movement areas in the coastal mile thal arc neceswry Cor tile overall success of the HMP and it!! preservalion goals. The protection of coastal sagc scrub and southcm maritime chaparral habitat is of particular importtlncc in remnining arcas of native vcgetation. We recommend thal standards for all coastal zonc properties be provided in the subarea plan to require preservation, at minimum, of 67Y0 or the onaite coastal sage scrub and at least 75% of gnatcatchers. As provided in our prcvious correspondence, if impacts to native vegetation and/or ESHA are unavoidable, the rollowing mitigation ratios should be required for coastal mne properiies: - Michael llolzmiller May IO, 2002 Page 3 2: 1 Tor coastal sage scrub 3: 1 for all other rare native vegetation except wetlands 3: 1 for riparian arcas 4: 1 for vernal pools, other scasonal wetlands, and salt marsh Thc proposed mitigation ratios in the HMP should be revised to be consistent with these rcquircments, and should also be cross-referenced in the LCP through an aniendment. As prcviously discussed, mitigation for impacts in the coastal zone must include crerition of ncw habitat; preservation of existing, onsite vcgctation cannot be considered as mitigation undcr the Coastal Act. nie area of such created habitat must be at a ratio of at least 1 : 1 to the Lire8 adversely impacted, It is also important to provide adequate buffers to protect sensitive habitat and/or ESHA fmm impacts resulting from development or usc of adjacent areas. The plan shonld cstablish buffers for coastal habitat according to thc following guidelines: A minimum 100 foot buffer shall bc required fiom all frtshwater and sdtwater wetlands areas. A minimum 50 foot buffer shall be required iiom riparian areas and coast oflk woodlands. No development or brush management shall take place within the buffer area for theee habitat types except os otherwise spacified herein. If a riparian ana is associated with steep slopcs (>25%), the 50 foot kuffer shall be nieasurcd from the top of the dope. For fiteep slopes not associated with a riparian area, and for nonsteep areas (<25% slope) with native vegetation, a minimum 20 fool buffer shall be required. For sleep slopes, the buffer shall he meamred from the top of the slope. No development may be located within the buflcr except as otherwise i+--ecified hemin. However, if brush management is required for firc protection, Zone 3 (to a maximum of20 feet) may he located within the buffer arm if allowed by the fire managcmenl authority. Zones 1 and 2 for brush managcment and fire protection, wherc required, shall be located on the portion of thc property proposed for developrncnt and outvide of required buffers. Any pluntings in Zone 2 must conslst of native vegetation appropriate to the hahitat. Recreution trails and public access pathways may be permitted in the required buffcr area within the 15 feet clofiest to thc adjacent developble arca, provided that the construction OF the trails and/or pathways and their proposed uses are consistent wilh the preservation goals for adjacent habitat, and that appropriate measure6 are Ltlkan for their physical separation from sensitive areas. As stated in our lctter of August 2001, it is also essential that the plan include a provision for a dedicated management authority with a reliable and predictable NOUIW of funding for muintonance and monitoring, and, where applicable, remediation and adaptive mnnagcment if unCoreseen circumstances should warrant it. The plan should also specify the means for lransrerring mnnagemcnt responsibilities i1 the management authority should ccasc to exist. The HMP should include a detailed plan for rnonikxing, management and enforcement that is realistic, has adcquate funding in place, and which spells out responses to unforeseen situations or occurrences requiring enforcement or rcmedial action. At this time, it is ~till Michael Holmilltr May 10,2002 Page 4 unclcar how the MMP, and other subarea plans under the MHCP, will have the guaranteed fimding necessary to implement the HMP, or, alternatively, how they Will be implemented if’ thc projected and necessary funds are not received. Thc City’R LCP should bc amended to incorporate the proposed HMP to the cxtent that It affects coastal zone resources which are protected pursuant to the Coastal Act. Although we have recommended on several occasions lhat the City update the LCP to address all of the remaining coavtal LC (Limited Contml) propertics, the Commission has continued to receive individual rezoning requests €or these properties, in the form of LCP amendments, on a pieccmcal basis. The LC properties in the coastal zone should be comprehensively addressed in the LCP as they relate to the requirements af the HMP and designated “fitnndards areas” in which thcy are located. In case of any conflict between the LCP and €IMP, the provisions of thc LCP govern snd must be rnct within the coastal zone. The HMP should indicatc that all currcnt habitat protection requirements of the LCP will be maintained under the HMP within thc coastal zone, including requirements for protection of dual-criteria slopes and wctlands. Wc hope this information is helpfir1 to you in making the necessary clnnges to thc HMP and LCP to ensure consislency with Coastal Act requirements. For our suggestcd rcvisions that deal with individual properties, plcasc note that our review has largely been based upon thc limited information available in thc subarea plan, and some oiour recomrnendutiom may requin: fiirthcr revision when additional site-Bptcific infomation or development proposals arc available. As discussed, we are also available to meet with City staff and individual property owner5 to address any concerns regarding individual properties. Furthcrmorc, if you can idcntify some alternate mcans to address our concerns, we are available to discuss them with you. If you have any qucstions regarding these matters, or need fiirther inlormation, picasc call Ken Akers in thc San Diego office at (619) 767-2370. Deborah LCC, eputy Director California Coastal Commission Attachment Cc (w/attachment): Nancy Gilbert, USFWS Lee Ann Carranza, USFWS Bill Tippits, CDFG Janet Fairbanks, SANDAG HCP Team CARLdBAD WMP C. Standards for Undeveloped Pronartl~~ For some key properties wlthln the City..urFtiskffaveffet-wbMt *MP ' inolw 8m e- , the HMP includes conservation goals and standaros whlch will apply to future development proposals in these areas. The goals and standarcls nave been arranged accordlng to the Local Facilities Management Zones (LFMZs) to which they apply Flgure 20 &shows the LFMZs. the areas of the City and individuar properties covered DY the stanaaras areas. The standards apply only to those undeveloDed areas within the LFMZs not already covered by --existing take authorlzattons or €ma6 shown as development areas on the HMP map. They standards are focused oeographically uslng the 25 Local Facilities Management Zones (LFMZs) deflned by the City's Growth Management Plan (GMP). The GMP requires that each LFM2ae~e have a local facllltles management plan approved by the City Council before development applications can be accepted or processed for that zone. The HMP requlres that each plan demonstrate how the goals and objectives of the HMP will be achieved for that zone. This planning should ensure thet viable biologtcel open space will be cornptehenslvely planned for the zone, rather than having open space areas plenned piece-meal for each parcel wlthln the zone. If individual propertles are proposed for development within a zone, the property owner must show how the standards wlll be met. Standards are ldentlfled for properties in zones 1, 2,s. 8, 14, 15,20, 21 and 25. Certain additiOngl standards amIY to Drooerties located within the coastal zone, I The planning standards are based on biologicel issues defined specifically for each zone based on existing biologlcal condltlons and preserve deslgn considerations. These Issues are translated into HMP conservation goals, whlch In general focus on conserving and maintaining major and critical populations of HMP species, major and crltlcal habltat patches within core areas, and landscepe linkages and movement corridors between core areas as well as with adjoining jurisdictions. The discusslon of biological issues and goals Is followed by recommended standards for planning new developments with each zone. These planning standards are Intended to achieve the zone-specific biological goals based on zone-spectfc conditions and constraints. They would be used during the land use planning and review process by the City as described in Sections D and E, to identify conservatlon prlorltles and compliance options for new projects. Although the standards will ultimately result in the determlnatlon ofdetermining preserve boundarles, the HMP conservation aoats and I standards as well as the mitigating measures and ratios contalned In Tables 9 and 11 of the document *apply to all proJects in the relevant zone&) whether the Droiects lkey are located on bites that are within or outside the preserve boundaries. (See page 0-77 for further discusslon of Citywide minimizatlon and mltlgation requirements.) for Dumoses of this document, "no net loss" peens that anv DrODOSed imDacts to wetlands or environmen tallv sensltlve habitat area (ESHAI will be mltiaated to the extent that. at a mlnlmum. the total amount of acreaae of the imDaCted resource will remain the same or will be Increased. and will be of eaual or amater auallhr than the orininel resource. In addition. the stan&ardr Drovlded for ~rmrtles w ithln the Coasune a re Intended to eeaments oi Carkbad's Local Coastal Proaram (Lm. he standards are Intended to allow for etxmomlcallv viabbam-of4hew- D reservatl on of slanlficant hsbltst for a viable preserve system. Particular conaldera tlon Is given to Coar tal Act Pollclea on 2) remervatlon of. wetlands and eEnvlronmentally 8Sensltlve hHablures s IESHA), lbwwe- thw- de- ecanorn IzE?m!b - &gv e-h- Th-7 n the 61 -prrrr...nrau-- de-b-f-th- , i-& vt- 6ta-et-e COrnDlV with ~neldw~ the reqwnts of tho Coastal Act and - The protection of coastal sage scrub habitat is of partlcular Importance in these remaining, unolannec areas of the Clty. Thw&wet-c tanae- - ala: ronw At mlnlmurn,sf-67% of the coastal sage scrub shall bs conserved In each of the standaras areas, a8 well as pt least 75% of gnatcetchers. In some instanc es. aDDlication of the standaros to subiect DroDertles In the coastal zone will reauire B a reater DercentaQe of habitat andior species preservation. Also of partlcular importance is the protection of Narrow Endemic species. The standards require 100% conservation of Narrow Endemics within a focus planning area. For all undeveloDed DroDerties within the coastal zone, unless sDeclfically noted otherwise, the followina raaulrements for habitat buffers and develoDment setbacks shall gg& d0VelODment or brush manaqement shall take blace within the buffer area for these habitat tyDes. SteeD slooes (>25%). the 50 foot buffer shall be measurec 0 A minimum 50 foot buffer shall be reauired from rioarian areas and coast oak woodlands N If a riparian wee is associated wlth from the to^ of the slope. ee native veaetatlon. a minimum 20 foot buffer shall he rea uired. For steep slopes. the buffer shall be measured frorn the toD of the slone. No develoDment may be loca ted within the buffer exca as SDeCified herein. If brush manaoement Is reauired for fire Rrotection. Zone 3 (to a maximum of 20 feet) mav be located wlthin the buffer are8 if reau ired bv the flre mananement authoritv. Zones 1 arid 2 for brush manaaernept and fire Drotection, where required, shall be located on the portion of the DroDertv D~OD osed for develoDment and outside of reauired buffers. Anv lenti in as in Zone 2 must consist of natlve vecletation awrooriate to the habitat Recreatloti trails end public access uathwavs mav be Dermitted In the reaulred buffer area wllhin the 15 feet closest to the adlgcent develoDable area, Provided that the construction of the trails and/or oathwavs and their DrODOSed uses are consistent with the Dreservetion QOal6 for adlacent habitat, and that amropriate measures are taken for their ohvsical seDaration frorn sensitive areas. i I @I for coastal DroDertles conteinina ESHA. all develomnnen t and related activities (includiva aradlna and brush menaaementl shall be accomodated within the amoved develoDment area unless sDecffically exemDted under these standards Anv imDacts to wms. includina vernai POOIS, must be conslstent with Sectm 30233 of the Coastal Act end the City's cerlifled LCP. and shall be mitloated at a ratio of 4:l. These reauirements shall aodv to both standards an d hardline mnmrttes. In general. davelooment on Dropertles whlch md within the coastal zone and contajn sianficant area8 of ESHA andlor area8 to be oresewed for habitat. or which are located next to areas designated for ~resewatlon on adiacent orooertles. should be clustered or concentreted into exlstina disturbed areas wav from aensltlve-areas to the maximum exten t feasible Hlaher densities andlor transfer of develoDment credits should be encouraoed on those coastal zone Drooertles whtch are unconstrained and are not Iocated wlthin a desianated habitat core end iinkaae areas. The followlng sections contains the specific standards by LFMZ. 1 Zone 1, whlch Is almost entlrely developed, contalns scattered fragments of natural vegetation, Including major and critlcal Stand8 of riparian, as well as some scattered patches of coastal sage scrub, non-native grassland, maritime succulent scrub, saltmarsh, and freshweter marsh. Some coastal sage scrub areas support Cellfornie gnatcatchera. Much of the remelnlng vegetation is on slopes adjoining Buena Vista and Agua Hedlonda lagoons. thus contributing to the blologlcal value of CARUM0 HMP the lagoon watersheds. Buena Vista and Agua Hedlonda lagoons support major or critical poDJlatlons of southwestern pond turtle, white-faced Ibis. western snowy plover, and California least tern The lagoons also provide foraging habitet for the American peregrine falcon and California browr pelican Conserve the majority of sensitive habitats in or contiguous with biological core areas Preserve 211: kWwhg--no M-4d wetland habitat, and preserva coastal sage scrub and maritime succuien! scrub adjacent to the lagoons. Retaln and menage natural habitats adjacent to lagoons to buffer wetland resources from adverse effects and provlde upland nesting habltat for pond turtles and other HMP specles. There are two specific areas wlthin Zone 1 to whlch specific standards are being appiied; several vacant lots on the north shore of Agua Hedionda Lagoon and a larger, vecant in-flll lot located to the southwest of El Carnino Real and Kelly Drlve. GI PII"' On the I I The Am a Hedlonda lots ma ddressed Aaua Hedlow land use plan sewn the Carlrbad LCP. In addltbn t o anv pollclem rdlna wetland and steep hillrlde erotec contained In th at LCP seamcll\t. deVOlODm0nt of there lots must mlnlmlze dbru~tlon of envlronrnentallv sensltive habltat erea.-snd locate senseRkae-U7ek dev!&Qrn exlstlna dldurbed eortions of the Dro BBdy that are located qf&& ent to Adam8 Stre For the lot southwest of El Cemlno Real and Kellv Drive, the wQI"W6 D ollcies of the Mello ll searnent of the Carlsbad LCP shall amlv. Avold removal of marltlme succulent scrub, aM-at+y paWewAwecit~t~~ . Preserve at least of coastal sage scrub with preference for avoldance of any areas that contain gnatcatchers. If impacts to native habitats cannot be avoided, mitigate by creation or enhancement of like habitats snd- , Mltlestion shall be at a ratio of 2:l for lm~acts to coastal saae scrub-, and at 3:l for impacts to maritlmo succulent scrub,! itlaation rhrll Include c reatlon of new llke habltat at B ratlo of at least 1;l withln Zone 1 or Im medlatelv adlacent areas havlng approDrlate 80118 and tODOPrBDhV. re^ mlion may Include re8toration as well as new creatlon, and shoul d take dace In tb coa rbl zone, 16 feaslble. R- n+*ea-*- aoplv* --Drwwt E8 FWkWUb adjacent to lageeRe Agua Hedionda Lagoon > t- .I .. 6ef-s- 1. - Eiol0dGd-m The malorltv of Zone 5 Is alreadv develomd uh lndU8trld ums. There Is D roperty known as the HI- D~OD Qt r\v bat co ntalns mve Iv Intact mlve habltat. Resou rws on with dls t u rbed area. Survevr have IndjEBte d that the rlt e su~~orts n esting Q&&IOI Callfornla anatcatcher ~olrs. as well a8 a s mall a the site Include coastal mane scr we chaparral. an d meveral mal D OOIS, W-sit-alv coRReae$-wie- .I-Golf -chwe#emae- 2. HMP Conse rvatlon Go& A - CARLSBAD HMP Consenre all vernal mol6 and ensure no net loss of other wetland habitat Wlthln the coastal tonel minimlze ImDactr to vernal pool waters heds to the extent neceesarv, If anv. to obtaln access to the Dropertv, <-- -the w, and ensure that any Impacts to wetland hablmre conrlstent wlth n- pth- seec tlon 30233 of the Coaital Act and the Cltv'a certlfled LCP mewe the PoDulatlon of Blochman'r Dudleva. Maxlmlre cowat Ion of coastal ia~ e scrub, mtc atchers, and southern marltlme em mash I zone. T he mlicler of the Mello II seament The Hieatt property is locat ed In the apDlv. F - reaeewM+wwmWr OpertvrCewiUs e nwamwwe aClew-Bo-Q-h€tbbG . Develmen t shall avold a II Immcts to vernal ~oole. porllble. If limited impacts to vernal DOOI watershe d8 are unav-b le In order to have gccess to the sIte,amae, B MPo shall be rewired to reduce non=Doint source Dollution and sedlmentation into the Verne1 ~001s. kw86?6_k) - mwMme -i-sto-W t5bawp-l~lt~ Wn4Qw-M . lUpgtlpnr hall be 3:l for southern marltlmg chaDarral and 2:l for coastal 84~18 sc rub, wlth at least 1:l belna creatlon of new llke hablw elsewhere In the coastal roneWd e-ne\tat ..lrAulkar& jolls and towaraDhv. The remalnine reauired mltlwlon may Include restontlon as we1 as new creation, and should take place In the coastal zone. if feasible. 3. Plannlna Standards ImDacts to native veaetetlon and vernal a001 watOr8hmlS MI be rnlnlmlzed as m UCh a8 th- In an a rea havlnn lona -term blolqpjGpl vlablllW, 88 WBll a8 8PDrODrhta Most of Zone 8 is comprised of exlsting or proposed hardline preserve areas. The habltats in Zone 8 comprise much of Core Area 4, and llnk to other cores to the northeast (via Linkage Area B), southeast (via Linkage Area F), and west (Agua Hedionda Lagoon). This zone supports a variety of sensitive habitats, Including critical salt marsh, freshwater marsh, and rlparian scrub habltats as well as a malor stand of coastal sage scrub. A small patch of southern maritime chaparral is located In and adjacent to agrlculture, non-natlve grassland, southern mixed chaparral, and disturbed land. Marsh habitats associated with Agua Hedionda Lagoon support crltlcal populations of California least tern, western snowy plover, Belding's Savannah sparrow, llght-footed clapper rall, end potentlally salt marsh skippor . Rlparlan habitats support breeding least 6ell's vireos and potentially southwestern willow flycatchers. Californla gnatcatchers inhabit most of the sage scrub in thls zone, and Del Mar manzanita occurs in the southern marltime chaparral. Ensure no net loss of wetland habitats. Within the co€1sta~8 1 must be consistent wlth Ssection 30233 of the Coq&il Act and the City's certlfied LCP. €mwre b6saWeWd-hab~ Mrninlmlze loss of sensltive upland habltats within Core Area 4, especlally occupied coastal sage scrub. Conserve major and critlcal populatlons of HMP species and populations of Narrow Endemic spectes. Maintain contiguity between upland and wetland habitats wlthln the zone, as well as continuity of sensltlve upland habitats across the zone from southeast to northwest. 3. PlanningStandsFch There are two properties within this zone that are designated as standards areas; the Klrgls property and the Callaghan property. Both properties are required to avoid impacts to any identlfled Narrow 9-4 DECEMBER lBee CARUBAD HMP Endemic plant populatlcns. Impacts to coastal sage scntb and southern maritlme cnaparrel habitats shall also be avoided to the maximum extent feasible, wlth Impacts limited to smaller fragments edges, lower quallty areas, and areas devoid of sensitive species. Both propertles shell place tnelr development on the least environmentally sensitive portion of the property. Callacthan Proaertv and Klrds Pro~ertv- (nee d sDecific standards aDDroDriate to sites. wlldentificetlon of onsite resources. Drouosed irnDacts, suitable deVelODment locations. and aDuroDrlate mitiQatlo@ reauirements. 1 2 3. Much of this zone is already developed and much of the remainder is agricultural land. Coastal sage scrub, maritlme succulent scrub, southern mixed chaparral, and southem marltlme chaparral in this zone support a variety of HMP species, including California gnatcatcher, Del Mar manzanita, orange- throated whiptail, and San Dlego thorn-mint, There Is InsuWiciant survey information for some portions of this zone. Habitats in Zone 20 are part of 8 stepping-stone Ilnkage (Linkage F) that connects - Csores &reas 4, 8, and 8. HMP coruenntkn Gala Establish, enhance, and maintaln a viable habitat Ilnkage across Linkage Area F to ensure connectivity for gnatcatchers and other HMP species between Core Areas 4 and 6. Conserve tne maJorlty of sensitive habitats in or contiguous with biolqlcal core and linkage areas, lncludlng no net loss of wetland habltats, southem marltlme chaparral, maritime succulent scrub, and coastal sage scrub wlthln Core Area 6 and Llnkage Area F, Within the coastal zone, any imoacts to wetland habitat must be consistent wlth Sectlon 30233 of the Coastal Act and the Citv's certified LCP I Phmnhg Smndmh Zone 20 wropertbs are subject t o the Dollcler of the M ello II beament Df the Ca rlsbad LCP. Iq general. for those crroperties located In the GO- xo ne. development should take DLace wlthln exlstina dlsturbed areas (non-natlw habltat) to t he maximum extent feaslble. and should avoid Impacts to natlve veeetation. Wetland8 and stem hillsldes. -bt&-i-- e-wbefa pap wf- --nn 6w6kiQtm .- meveffiecillaetw-nd 6, w- .. ebteskve me of theim There are two ~ro~ertier thot are crltlcr I for maln- c onnectlvltv wlth In Llnkaae Area F whlch contaln slanlflcant areas of native veaetatlon.,-There a re the Fernandez rarooertY the Murova nropertv, both of whlch are located In the c-tr I zone. DeveloDment on both of these Drooertles bhall be llml ted to the dlst uhed POW 0 f the Property to th e maxlmurq extent-feasible mee+ble . IrnDacts to coarta I srae rcrubd chaparral mav be allowed only If reaulred to orovlde necessary slte access whlch would otherwlse be unobtainable. Sw Impacts SUI b e llmlted tQ twmew#m -4M the mlnlmum amount reaulred for such DU~DQSQ or no more than IOY. of the total southern m arltime channaral andlor coastel sa9 e scrub on $he PrODertYrWhl chover I6 less. Mitlnamfo r any ruch lmgact s shall be at a ratlo of 3:l fo[ southern rnaritlme chaDDaral and 2:l for Goas tal aaae scrub. and shall Indude CnatlOn ef re&waWn-of new llke ha at a mlnlmirrn ra tlo of 1:l In a suitable locatlon with IOna-tOrm bioloalcel vlability. and apmjpriate solls towa raDhy.-yS(tbI- 1 - CARLSMD HMP n. and should tau Pemalnlna reaulred rnltlaation mav Include restoration rstwl well as creatlo place within the coastal zone to the maximum exm fearl bla Mltlaatlon reauirements shall been dlaturbed. but are DroDosetd to be Included wlthln the reauired movement corridor. Both prormrtlea Shall maintain aTb+Fww nd--tar).alln a habitat corrldor width of at be awlied to those area8 on the Fernander and Murova D rODertk8 whlch h@VQ Dr9VklUSly least 250 feetwlth-res--Pr 0- Small areas of coastal sage scrub and maritime succulent scrub outside of the designated Linkage F that are determlned bv the amrowlate rea aaencler to b&gj.a nlnunt tor consent atlon purDooer andlor wlldllfe movement or deslan%%midor connectivltv may be taKen In exchanee far I restoration and enhancement inslde the Ilnkage, as long as the result is no net loss of these habitats or the assoclated gnatcatcher population wlthin the standards portions of the zone. Addltlonal offdte mation or In-lleu fees mav be maul- d on the results of I uwew and the final ! .- UirkageF stament of Irn~acts, 4 1 -~~ .. ebeM-&il-. -t- Melntain and enhance the wildlife movement potential between core areas using sensitive design of any road or utility crosslngs of Linkage F. Conserve all riparian habltats onsite, and prohlblt fill or development wlthin the exlsting flood platn except where requlred for Circulation Element roads, Dralnage Master Plan facilities, or other ~tlaCinfrastructure~sse ntial to Dublic heelth, safetv and welfare. When 1 converslon of agricultural lands to other uses Is proposed, set back all development impacts at least 100 feet from exlstlng wetland habitats and encourage habltat restoration or enh8nCement in the riparlan and buffer areas. Carlsbad Promenade ProDertv - Contains mastal S~QQ scrub and southern maritime chamaral on, portions of the northern, southwestern and southeastern areas of the site. A disturbed wetland area is located In the southeastern corner of the slte. Areas of southern willow scrub are loceted m the southwest coriiui and in the northern portion of the slte. ADDroxirnatelY half of the total ski acreaQ8 has been previousiv cleared and used for aqriculture. Polnsettie Lane crosses the Site from southwest to northeast and Aviara Parkway is located on the west side of the slte. DeVelODment shall be located within the existina disturbed area. No impacts to sensitive vecretation (e.a., coastal saqq scrub, southern msritlme chaaDaral. southern willow %rub. wetland areas) or wetland areas shalt be allowed. Thompson-Tabata Prooertv - Contains coastal sape scrub in a narrow strip alonq the east slde of the site. An area of southern willow scrub is located on the west boundary of the DroDertv. The maiorltv of the wouertv has been previouslv cleared and used for aaricutture. Poinset tia Lane crosses thx northern portion of the slte. DevelorJment shall be located within the exlstlna disturbed area. NQ impacts to sensltive veqetation (ea.. coastal saw acrub. southern willow scrub) shall be allowed. Redeemer bv the Sea (Kels er\ ProDertv - Contains southern maritime chawaral alona the southern portion of the site. The malority of the DroDertv has been previouslv cleared and used for aariculture, Development shall be located within the wistina disturbed area. No im~ects to sensltive YeUetatlOn [ea. southern maritime ChaDDaral) shall be allowed. Frnerald Point Propertv - Contains coastal saae scrub and maritime succulent scrub on the western, northern and southern Dortions of the site. The remainder of the DroPefiv is in non-native araSSland. DeveloDment shall be located within the area of non-native orassland. No irnoacts to sensitive veaetation (e.a.. coastal saae scrub. maritlme succulent scrub) shall bo allowea. D-6 OECEMBER. 19W pone 21 Is In both the M ello I and Mello II aeamentr of the Wr bad LCP. The coasts I oolicles The mapity of Zone 21 gronertles are rublect to the following standarda-aRB6eRsistpr~w. The zone contalns a critical stand of southern marltime chaparral that supports 8 critical population of Del Mar manzanita, a major popu\atlon of summer holly, and other Narrow Endemic plant specles. Verne1 pools, coastal sage scrub, and OBk rlparian forest also occur and likely support HMP species, including California gnatcatcher. Zone 21 contalns most of the habitats comprising the western half of Core Area 6, which is the prlmary link between the eastern and western helves of the Clty. Scattered agrlculturel fields are also located wlthtn this zone. There Is Insufficient survey lnformatlon for 6ome portlons of Zone 21. For the$ pre located In the coastal zone. am Iv to IndlVldU~oD ertlea are those o f the rbament In whl ch the prowrtv Is located. parons. vew sneclfic conrewatlon stppd ardr are stated below f or lndlvldual Pronertle 8Whkft 1 2. HMP 60& Conserve the majority of remalnlng natural habitats and ensure e no net loss of w~~r- coastal sage scrub and southern maritime chaparral. Ensure no net loss of wetland habltats, vernal poolss and oak woodlands wlthln the plannina zone. Withln the coasu zone. anv lmtmcts to wetland habltat. includina vernal ~ools, must be consistent with Sm 'on 30233 of the Coastal Act and the Citv's certified LCP. Conserve habltats In a continuous conflguratlon across the zone to allow for contlnuea east-west connectivity and animal movement between El Camino Real (Zone 10) and Llnkage Area F (Zones 19 and 20), and to reserve contiauous areas of southern maritime ChaDoaral. 1 Conserve Narrow Endemic plant populations. Addltlonal field suweys at the appropriate time of year are needed In this zone to determine the extent and location of sensltive species. The f ollowlna are Wd a that amlv to 6~etlfl located wlthln the coar tal zone: RWSB Promrtv - Contalns both Intact southern marltlme cheParra I and dlsturbed areas. t o Carsla Lane to th 9 maximum extent Dosnlble. -ra -emram in- SRccaVOideB-ikseee Ible. -Uewew&-ll~~wrnltt e- m marltlme aha- voldabhud- nv ble-elt- e ma eNS% b llmlted to the minlmum amou nt necessary for constructlon of Polnreftla L ane, w1thflcs-n an addltlond lOoh onslte a e of southern marltlme -0 arral permltted If 9 ncroach ment Into the toM man necessaw for ob acce88 and circulation. Anv impacts to southern marltime chaoDaral, 6XGeRt for those assoclated with the constructlon of Polnbettla Lane. shall be llmited to the am lmmadiatelv adjacent toelefm the eou therlv edge of the erlstlna -dlrturbed area. MI tlaatlon a\ 3:l shall be reaulred for ImD acta to southern mme chamrral, and .hall Include creatlon er whanwmert2 at a ratlo of 14:l wlth In Zone21 or Immef&.telv adlacant 8 rea. havm reprocwlate sollr and toD OaraDhV, A ddltlonal rewired mltlaatlon may Include reetoratlon as well ah ne w crertlon. Mltlaatlon should take Place wlthln the coastal zone, If feaelble. Ewlstlng for mltleatlon through ondte area6 of disturbed habltat Drovide B desmle oo~ortudhr peveloPment shall &+ Ilmlted to dlrturbed portlon of the rlte Impacts to ppyth ern marhe chaDarral D-7 DECEMBER. 18BB CARLaBAD HMP rertoratlon. Addltlonal offslte mltla atlon or In-lleu fee m av be reaulred bared on the resu ltm of' suwev8 and the ftnal8tat9m9nt of Irn~itcb. Maldonado Pronertv - Thls Dropertv h as been Isr&lea red and usad for an rlculture, i rltxarlan area remalns at the southea8t corner. The orpggrtv Ir located In a altic al Dosltlon fpr connectivltv Duraoses. Polnrettla Lane will need to blrect the D ropertv on a dmn ai from northwe rt to southeast. In or der to Dreaemo EQ~D ectlvltv for wlldll fe. develoD shall be cluster ed on the southwest sM e o f Polnse ttls UpDe . No develoument within tEoast oak woodland and riaarlan area8 ohell tak e Dlace other than the PolnaewB neCIese extendon. Any Impacts to wetland habitat retultlna from the Pains ettla Lane constructton ahall be eondotent 4 wlth Smction 30233 of 'I certlfled LCP it1 ation a4-a mt-md mi4 for wetlandrnac tr shall conm of new creatlon at a ratlo of 4!11 Mltlaatlon for lmaacta to coast oak woo md and riaarirn arem shall conslst of new cr eatlon ithln the coastal zone. If feasible. +nc&dhp .li-l wen- we1 I at a ratlo of 3:l. Mltkatlon should take place w - ~aatl~~~ h0u-w-e z-ltl- . Where Polnsettla be cromses the rlmrlan area. a Ion. for wlldllfe crosrina shall be Provlded If rea northeast of br-w&m-hmW accorllpsat recommended by the auproorl ate reaulatorv wcie s.-edl The a Polnaettla La ne I8 recommended fo r offsite mttl- rea uired for other proaertles located In thls zone. thr ouah creatlon alo r re8tontlon of spythe m marltlmr chaooarsl tw+Mef 6fea#h?F?-e~€at---R~ .. -laoateeknilRlff& Namlkas coast live oak woodland COVBr both Dt'OPedle8. W Ith small dlstwea 8. The locatlon of-me D rotxertler Is also Ipnoortant for connectlvltv . Poinsettla Lane will cross t he Namlkas Prooertv and neC errltrte clome Impacts to 80- itime ChaDarral. Re61 'dentid Ddevelooment on hpth aro~ertler not lncludina the area deVelODed forth e Polnrettla Lane conn ectlon. and shall be dusteted on the western portion of the propertlesu. No imDacta to coast Q& woodland shall be allowed on the Sudduth arooertv. No ImDacts shall be a llowed to coast oak woodland. rlmrlan areas endlor wetland habitat on the Namlkas urowrtv, exceDt for Impacts which are conslstent wlth SeQCtiOn 30233 of the COaStal Act and the ClW'S Wlfb d LCP and whlch we necessaw to construct the Polnrettla Lane connection. Mltlaetlon ah-t+He-eCa for Impacts to 6ettMwn I wetlands @hall consist of new creatlon at a ratio of 4:l. M-tlon for impacts to coast llve oa k woodland and rioarisn areas Shall cons irt of new creatlon at a rat io of 31. Mitlaatlon shall be Located withln the coa rtal tone, 11 feaslble . Mitiaatlon of 3:l shall be reaulred for imoacts to $out hern marltlme GkpuDa ral. wlth at least 1 :t belna new crmtlon ylthln Zone 21 or immedlatelv ad1 acent areas havlno aopronrlm sol Is and topoaranhv. Remalnlnrr reaulred mltlaation for routhem marltims c haDDaral mav Include restoratlon gp withln the ma I zone, If teaslble. -F~HwMw -dl- well 8s new creation. and should be located marltlma G- --h--mk&M4WaJ B awwwkb-d kef+df le-a-hma iniw-wMmd49a- vrirtiows+wbwww-*-d-t@ site mlmo n or In-lleu fw rnav be reaulred based on the results of bdWe. Addltlonal off survevs and the flml statement of ImD acta. The des ion of Pm la Lane ekeul d shall Incoroorate accommodatione lore wlldllfe crosQl0g.+uekassff enlarw .1 uth ProPertles - Southern mi rltlme ChaDarral shall be limlted to a maxlmum 25% develooable are- 14- -I&-.- Kevane Pr o~ertv - Thlr ownershin GO nrlrtlnn of fou r conmour P arceh conta Ins south hanarral md coast llve o ak woodland. w Ith 8~1pe dlsturbed area8. The oak marltlme c . DevelQpment shall be a- ted UP to 4 X%. bkweFam clu stered on woodland d Ivldes the DroDertY frQm north to south maxlmum 25% develooable area of the four Darceldlm~ he reaulred 50 foot setback from steep the western nortion of the site. For thls ritesFeraedv. t ximum 25% development of the rlte; sloaea~av be reduced if nece888w to obtaln il ma D-8 MCEMBER le09 CARLBBAD HMP however, no buffer reduction shall awlv to r inarian areas or stem sloDes associated wtth rbarian areas. No develonment shall be allowed wit hin or east of the coast live oak woodland, or wlthln wetland or rbarlan area6. Aroar of exlrflna d Irturbance wlthh th e coast live Q& ide owortunltler for m Itination throw restoratlon en$ woodland and rlperian area nrov m marltlme enhancem(ylt. Mimatlon at a ratlo of 31 shall be rgELlllr ed for Impacts to routhe cha~arrd4md C-dl end. and shall Inclue cr eatlon w-enhun CZemeRei, of new like habltat at a mtl o of 1:l wlthln Zone 21 or Irnwlv a dlacent areas havlna aPProPrlete solls and tpgOBraDhv . Remalnlna reau ired mltlaatlon mav i ncluds restoratlon as well as new , creatlon, and should take dace In the coastal zona. If feaslble. tlonal offslte nlutg(rtlon or bmsed on the results o f survevr and t)UEflDeI statement of Impacts. b=lieu fee may be reaw Relter ProDertv - Thl8 Dm0 ertv conta In8 a mix of sputhem marltlme chaDml. n on-native grassland, and dl oturbed areas. Development ahall be llrnlted t o a maximum 25% deveioDable area ebdtbUmlted.-aae-c lustered on tho wm D ortion of the slte. For fhls rxoDertv, the reauiretd 50 foot setback from I teen slooer mav bereduced if necessary to obtain a maxlmum 25% develoDment of the she: however. no buffer reductlon shall amlv to rbarian areas or stem rlooee assoclated wlth rha nan areas. Mltlaatlon at a ratio of 3:l shall be reaulred for Impacts to sou thern marltlme 1. and 8R$ sess(-l+vwM-woodk d shall laelude creatlon of new like neve habitat -e *at a ratio of 1:l mn 2 one 21 or Imrne&Uelv edlacent areas havb aDoroD Hate rolls hv. Remelnlna reauira mltlclatlon mv include restoratlon as well as ne w creatlon, and should_tgke P lace In the coastal zone If fearue. o f onolte habltat orovlde a d esirable omortunltv for mltlaatlon thrcruah restoratlon. Additlonw m Itlaation or In-lieu fees may be reaulred based on the results of auryeva and tho final rtatement of Lmaactl. Exirtlna disturbed Nlanzanlta ProDertv - Contains larne areas of southern matltlme chappara1 west of El Camino Real, whlch bloects the DroDerty, and pa the Bas tern border of the slte, Areas of coastal saw scrub are located aiana t he eaat and wewldes of El Carnlno Real. The east ern Portion of the site contalns a number of vernal DOO~S. &a rea of coast oak wwn d Is located at the southwestern corner of the Drooertv. Powna o f the rite on the north bodaw and alona El mo Real have been Drev iouslv cleared a use d for aarlculture mr othewlse dlaturbed, Develooment shall be lfmlted to exirtlna dlsturbed a reas on the oortlon of the slte west of El Camino Real . No Impacts to sensitive vegetation (e,g., coastel saae scrub. southern marftlme chapparal, coast oak woodland) shall be a llowed. Levatlno FroD em - The arowrtv con talns a mlr of coastal saw scrub and roum ma rltlme BaDa~ w Ith small dlsturbed wear alona the westw bou ndarv of the slto and El Camino Real. The northe rn Portlon of the Drop rrtv lorrnr p9rl of an lmnortant east-west Iln kaae for blrds. Development rh all be llmlted to 2W?4 lot caveram clustered on the mn D ortlon pf the slte. Mltlaatlon for Imoacts to southern marltlme cmrra I and coastal 81181) 6cru b shall 2 1 or lmmsdi atelv rdlacent area8 hav Ina a DP t om r roll8 and topoaraDhv. Remalnlna re- mltlaatlon may include restoration an well as new creat fon, and should take D lace In thp coastal zone If feasible. Exlstlns disturb ed areas of onrite habltat provlde a d esirable oDnorlunlhr for mltlaatlon thro ugh restoraSlpL1. Addlt lonal ottslte rn ltinmtlon or In-lleu fee may be reaulredbe d on the results of tuwevs and the final statemgatof ImD acta. - 1-v -elopml -FitipY * d.w ewe-- -sa- b-€Rwm POP- MPP 6e++wWw- tiiiw-o-$@ . 4-7 ad- --- 6w6t- dpe)&tjH . ee lnclyse c reatlon of new like habitat at 8 ratio o f OF enhtwmntgt a raUeof 1 :1 wlthln The above standards would be applied to the specified arms at the time of application for development entitlements. The process for compllance with the standards is contained In Section E of the HMP. The City’s projection of levels of conservation withln the preserve system achieved by future compliance with the conservation standards by habitat type and by LFMZ are provlded in Table 7. The total estimated acreage of conserved habitat resultlng from the proposed standards areas is 553 acre8 or approximately 9% revlslons am necesssw for these firrums?) of the preserve system. It should be noted that the acreage figures are an estimate based on the information currently available. Precise figures for any specific area will not be known until completion of the revlew and approval process described above : 1 STATE OF CALIFORNIA- THE RESOURCES AGENCY - CALIFORNIA COASTAL COMMI,.,ION SAN‘DIEGO AREA 7575 METROPOLITAN DRIVE. SUITE 103 SAN DIEGO. CA 921084402 (619) 767-2370 TO: Commissioners and Interested Persons FROM: Staff Date: May24, GRAY DAVIS, Governor 4 SUBJECT: Request to Waive Time Limits for the City of Carlsbad Local Coastal Program Amendment No. 1-2002 (Carlsbad Promenade, Thompsoflabata and Redeemer by the Sea Rezones, and Planned Development Requirements) (Commission Meeting of June 10- 14,2002) On February 25,2002, the City of Carlsbad LCP amendment request No. 1-2002 was received in the San Diego Area ofice. The submittal was deemed incomplete and a letter dated March 1 1,2002 was sent to the City to this effect. Upon submittal of additional information, the file was deemed completed and filed en April 22,2002. The LCP amendment consists of four items, including the proposed rezone of three properties from Limited Control (LC) and Residential One Family (R-1) to R-1 and Residential Multiple Density (RD-M), and the incorporation of planned development requirements. Pursuant to Section 305 13 of the Coastal Act, implementation plan amendments must be acted upon by the Commission within 60 days of their filing. Based on the above-cited time limits, the proposed LCP submittal must be scheduled for review by the Commission at the June 10-14,2002 meeting. However, Section 30517 of the Coastal Act and Section 13535(c) of the California Code of Regulations state that the Commission may extend for good cause the applicable time limits for a period not to exceed one year. In this particular case, the properties to be rezoned have been identified as containing environmentally sensitive habitat areas (ESHA) which will be permanently preserved as part of the Carlsbad Habitat Management Plan (HMP). Staff is currently working with the City to finalize citywide standards for preservation and protection of ESHA on these properties as well as all other remaining undeveloped properties in the coastal zone, in order to avoid piecemeal rezones which may not adequately protect ESHA or meet the requirements of the HMP and the Coastal Act. Additional time is required to finalize these requirements, which will be incorporated into the HMP and LCP through a fiture LCP amendment. Staff Recommendation: Staff recommends that the Commission extend the 60-day time limit for a period not to exceed one year. However, the LCP Implementation Plan amendment will be scheduled as expeditiously as possible, potentially as early as the July 2002 hearing in Huntington Beach. MOTION: I move that the Commission extend the 60-day time limit to act on the City of Carlsbad Local Coastal Program Amendment No. 1-2002 for a period not to exceed one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote by a majority of the Commissioners present is needed to pass the motion.