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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 ft '-I ( ( 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 ( ATTACHMENT "A" A VIARA PLANNING AREA 19 COASTAL COMMISSION'S SUGGESTED MODIFICATIONS MP 177(AA) JUNE 9,1998