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Home My WebLink About2002-08-06; City Council; Resolution 2002-2361 L 6 f - I E 5 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD TO ADOPT A MITIGATED NEGATIVE DECLARATION, ADDENDUMS 1 and 2 AND MITIGATION MONITORING AND REPORTING PROGRAM AND TO APPROVE A LOCAL COASTAL PROGRAM AMENDMENT AND TO UPHOLD THE DECISION OF THE PLANNING COMMISSION AND DENY THE APPEAL FOR A COMMUNITY PARK TO BE LOCATED AT THE NORTHERN TERMINUS OF AMBROSIA LANE. CASE NAME: ZONE 19 (AVIARA COMMUNITY) PARK CASE NO.: LCPA 02-03/MP 177(DD)/CUP 01-22/HDP 01- 07/CDP 01-31 WHEREAS, on February 20, 2002, the Carlsbad Planning Commission held a duly noticed public hearing to consider a proposed Mitigated Negative Declaration, Addendum 1 and a Mitigation Monitoring and Reporting Program, and a Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit 01-07, and Coastal Development Permit (CDP 01-31) to allow the development of a City park on property located at the northern terminus of Ambrosia Lane (Planning Area 32 of the Aviara Master Plan); and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all factors relating to the Mitigated Negative Declaration, Addendum 1 and the Mitigation Monitoring and Reporting Program, Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit; and, WHEREAS, on February 20, 2002, the Carlsbad Planning Commission adopted Planning Commission Resolutions No. 5108, 5156, 5109, 51 10, and 51 11 recommending that the Council adopt a Mitigated Negative Declaration, Addendum 1 and a Mitigation Monitoring and Reporting Program and approving a Minor Master Plan Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permit 01-07, and Coastal Development Permit (CDP 01-31); and, 1 L I f - I 8 s 1C 11 12 13 14 15 16 15 18 19 20 21 22 23 24 25 26 21 28 WHEREAS, the Aviara Master Plan is the implementing document for the Aviara Master Plan Local Coastal Program and constitutes the regulations and policies of the Aviara Master Plan Local Coastal Program; and, WHEREAS, the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello I segment of the Carlsbad Local Coastal Program not being amended by this amendment, in that no policies are being amended by this action; and, WHEREAS, the proposed amendment to the Mello I segment of the Carlsbad Local Coastal Program is required to bring it into consistency with the adopted Aviara Master Plan; and, WHEREAS, the City Council did on the 6th day of *"gust , 2002 hold a duly noticed public hearing as prescribed by law to consider the Mitigated Negative Declaration and two Addendum (Addendum 2 attached) and the Mitigation Monitoring and Reporting Program, and Local Coastal Program Amendment, Minor Master Plan Amendment, Conditional Use Permit, Hillside Development Permit, and Coastal Development Permit; and, The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the above recitations are true and correct Resolutions No. 5108, 5156, 5109, 51 10, and 5111 and the findings in this City Council 2. That the findings of the Planning Commission in Planning Commission Resolution constitute the findings of the City Council in this matter. .... .... .... .... .... .... Page 2 of 3 of Resolution No. 20&-236 b 1 1 t 2 I 1( 11 1: 1: IL 'i It 1: 18 1< 2( 21 2; 2: 2L 2: 26 27 28 3. That the Mitigated Negative Declaration, Addendum 1 and 2, the Amendment (MP 177(DD)), Conditional Use Permit (CUP 01-22), Hillside Development Permii Mitigation Monitoring and Reporting Program are adopted, and the Minor Master Plar (HDP 01-07), and Coastal Development Permit (CDP 01-31) are approved as shown or Planning Commission Resolutions No. 5108, 5156, 5109, 5110, and 5111 on tile with the City Clerk and incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the City Council of the City 01 Carlsbad on the 6th day of August 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hal NOES: None A *&h% LOR INE M. WOOD, City Clerk Page 3 of 3 of Resolution No. 2002-236 -3- July 3,2002 -ADDENDUM 2 TO EIA FOR LCPA 02-03/MP 177(DD)/CUP 01-22/HDP/Ol-O7CDP 01-31 FOR ZONE 19 (AVIARA COMMUNITY) PARK The California Environmental Quality Act (CEQA) Section 15164 describes the circumstances under which an addendum to an EIR or Negative Declaration is required and the required procedures for an addendum. Pursuant to that section, an addendum may be prepared if only minor technical changes or additions are necessary and those technical changes or additions do not trigger a supplemental EIR or Negative Declaration. Section 15164 also directs that an addendum need not be circulated but can be included in or attached to the final Negative Declaration. The incorporation of this additional discussion has not resulted in any new or changed mitigation for the subject project. Thus, this information satisfies CEQA Section 15164 as an addendum. Staff has prepared this second Addendum for this project in order to: A. ensure that the environmental documents for this project fully incorporate and reference all biological resources reports, letters, and survey information related to the project and to clarify the discussion of project impacts; B. incorporate correspondence from USFWS and CDFG offering their concurrence on two topics; and, C. clarify the need for the proposed minor LCPA. A. Biolouical Resources SurvevslReDorts A Biological Resources Report for Aviara Community (Zone 19) Park was prepared in April 2002 by P&D Environmental. That report reiterates that the project would result in temporary impacts to .03-acre of disturbed coastal sage scrub, as discussed in the original environmental initial study. The report also discusses the encroachment into approximately .Ol-acre of potential ACOE jurisdictional waters. The original environmental analysis estimated this encroachment as approximately .09-acre. However, the more detailed (later) biological report concludes that the encroachment would be only .Ol-acre. This reduction in the encroachmenVtemporary impact area is the result of a more detailed analysislcalculation. The original mitigation plan required that the encroachment area (whatever its size) be replanted in native vegetation. That mitigation is still required, so there is no change in the mitigation requirements for the project as a result of this lessened impact. The .03-acre encroachment into disturbed coastal sage scrub (for the necessary slope stabilization) can be considered "de minimis" by CDFG and USFWS if there are no California gnatcatchers in the area of disturbance. Consequently, protocol surveys were conducted by P&D Environmental for the presence of gnatcatchers in late May/early June, and a letter was prepared (dated June 11, 2002) to summarize the survey results. That letter states that no gnatcatchers were sighted or heard in the 8 JULY 3,2002 -ADDENDUM 2 TO EIA FOR LCPA 02-03/MP 177(DD)/CUP 01-22/HDP/01-07CDP 01-31 FOR ZONE 19 (AVIARA COMMUNITY) PARK project impacts area. The letter concludes that, in the biologist's opinion, the proposed project will not have any direct impacts on California gnatcatchers. The original environmental documents and project conditions addressed such potential indirect impacts as light spillage and grading restrictions. B. USFWSlCDFG Concurrence On the basis of the biological resources reports, City staff requested and received written concurrence from CDFG and USFWS that the .03-acre take of coastal sage scrub is "de minimis" in nature. Staff also requested and received written concurrence from CDFG and USFWS that the open space corridor on the site (to the north of the park use area) was established in consultation with CDFG and USFWS and satisfies all NCCP requirements. The Aviara Master Plan requires that the corridor be established in consultation with the agencies. Since the City's HMP hardlines have been developed in consultation with the agencies, this project is consistent with the HMP with the exception of the encroachments (necessary for storm water management and slope stabilization) sited in the earlier environmental documents for the project. C. Minor Local Coastal Proqram Amendment As indicated in the Planning Commission staff report, dated February 20, 2002, this project requires the approval of a Minor Master Plan Amendment to the Aviara Master Plan. The amendment was necessary to revise the maximum allowed height in Planning Area 32 (the park site) from its current limit (18') to the height typically allowed in the Open Space Zone (25' plus any additional height allowed through a Conditional Use Permit). The park site is within the Mello I segment of the City's Coastal Program. When the Aviara Master Plan was originally approved in 1987, a Local Coastal Program Amendment was also approved. As a result of those actions, the approved Aviara Master Plan is the implementing document for the Coastal Program within the Aviara community. Since the Master Plan text (i.e., the LCP) includes a height limitation of 18, an LCPA must be approved by City Council to ensure continued consistency between the proposed Master Plan and the Local Coastal Program. It should be noted that the proposed building height has not changed since the original EIA Part II was prepared for the project. Staff has spoken with Coastal Commission staff, and Coastal staff has indicated that they believe the LCPA height limit change can be considered "minor" in nature pursuant to Section 13554 of the California Coastal Regulations and Section 30514(c) of the Public Resources Code. The Coastal Commission can determine that an action is minor if it satisfies one or more of several justifications. In this case, the proposed project satisfies the requirement that the project does not "change the kind, location, intensity, or density of use".