HomeMy WebLinkAboutMP 177AA; Aviara PA 19 Suggested Modifications; Master Plan (MP)( (
'•Jle City of CARLSBAD Planning Department i#;UJL
A REPORT TO THE PLANNING COMMISSION
P,C AGENDA OF: October 21, 1998
Item No, G)
Application complete date: n/a
Project Planner: Michael Grhn
Project Engineer: n/a
SUBJECT: MP 177CAA)-AVIARA PLANNING AREA 19 SUGGESTED MODIFICA-
TIONS -Request for a Master Plan Amendment to incorporate the Coastal
Commission's Suggested Modifications for Planning Area 19 into the Aviara
Master Plan and LCP Implementing Ordinances,
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No, 4409, RECOM-
MENDING APPROVAL of Master Plan Amendment MP 177(AA), based upon the findings
contained therein.
II. INTRODUCTION
The proposal involves the adoption of the California Coastal Commission's Suggested
Modifications to the Landscape design criteria for Planning Area 19 in the A viara Master Plan.
The modifications are required to be accepted by the City in order to effectuate the recently
approved Local Coastal Program Amendment for the Aviara Phase III North land use
amendments (MP 177(U)ILCPA 97-06). The suggested modifications contain regulations
regarding fire suppression around Planning Area 19 and raise no issues with staff.
III. PROJECT DESCRIPTION AND BACKGROUND
On January 6, 1998, the City Council approved an amendment to the Aviara Master Plan
pertaining to the Aviara Phase III North land use change, located in Planning Areas 18, 19 and
20. Since the Aviara Master Plan serves as the implementing ordinance for that portion of the
City's Local Coastal Program (LCP) within Aviara, the Council's actions included an
amendment to the LCP. This LCP amendment was approved by the California Coastal
Commission on June 9, 1998, with suggested modifications. All but one of the modifications
dealing with Aviara Phase III North were incorporated into the local regulatory documents
through Council action on July 21, 1998.
The one suggested modification which was not incorporated dealt with fire suppression
regulations for all native habitat surrounding Planning Area 19. This modification, as shown in
Attachment "A", dated June 9, 1998, was previously deemed inapplicable by City staff since
Planning Area 19 is completely surrounded by development. Staff discussed this inapplicable
regulation with the Coastal Commission and submitted supporting documentation. Early
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MP 177(AA)-AVIARA P.t-.: 19 SUGGESTED MODIFICATIONS -
October 21, 1998
Pa e2
indications lead staff to believe that the inapplicable regulation would be deleted, therefore staff
did not recommend that the modification be accepted. After the other "suggested modifications"
were adopted by the City, City staff learned that the Coastal Commission's legal staff determined
that they could not adjust their approvals to eliminate the inapplicable regulation without
revisiting the entire LCP A through a subsequent application process.
IV. ANALYSIS
Based upon the above, there are two processing alternatives to effectuate the Aviara Phase III
North LCP A. These alternatives are based upon the fact that, in order for a LCP A to become
part of a certified LCP, the local government must formally acknowledge receipt of the Coastal
Commission's resolution, accept and agree with any Coastal Commission suggested
modifications, and adopt said modifications within six months of Coastal Commission approval.
The first processing alternative would be to allow the existing LCP A, with it's suggested
modifications, to lapse past the six month deadline, thereby not certifYing the LCP A. The entire
Aviara Phase III North LCP must then be reprocessed through the Planning Commission and
City Cotmcil and reapplied to the Coastal Commission.
The second processing alternative, which is also staffs recommendation, would involve
accepting the Coastal Commission's suggested modification for fire suppression around Planning
Area 19. This alternative would allow the existing Aviara Phase III North LCP to become
effectively certified within the required six month timeframe. While the proposed fire
suppression regulations are irrelevant to Planning Area 19, they do not conflict with the previous
approvals for the Aviara Phase III North master plan amendment. In addition, the proposed
modifications do not affect any other policies or programs contained in the A viara Master Plan,
therefore the proposal remains consistent with the previous analysis for the Aviara Phase III
master plan amendment.
V. ENVIRONMENTAL REVIEW
The proposed modifications do not affect the previous environmental determinations. The
potential impacts of the previously approved actions were already evaluated in the EIRs for the
Aviara Master Plan (EIR 83-02(A)) and the 1994 General Plan Update (MEIR 93-01). No Public
Resources Code 21081 findings are required.
ATTACHMENTS:
1. Planning Commission Resolution No. 4409
2. Location Map
3. Attachment "A", Coastal Commission Suggested Modifications, dated June 9, 1998
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ATTACHMENT "A"
A VIARA PLANNING AREA 19
COASTAL COMMISSION'S
SUGGESTED MODIFICATIONS
MP 177(AA)
JUNE 9,1998