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HomeMy WebLinkAbout2002-09-10; City Council; Resolution 2002-2611 c L 7 4 < 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COASTAL COMMISSION'S SUGGESTED MODIFICATIONS CARLSBAD, CALIFORNIA, TO ACKNOWLEDGE AND ADOPT INTO THE LOCAL COASTAL PROGRAM ZONING MAP FOR THE THOMPSONmABATA RESIDENTIAL SUBDIVISION, CASE NAME: THOMPSONmABATA LOCATED IN THE SOUTHWEST QUADRANT. CASE NO.: LCPA 98-04(A) WHEREAS, on February 5 and February 12, 2002, the City Council held duly noticed public hearings as prescribed by law to consider Local Coastal Program Amendment (LCPA 98-04) for the Thompsonrabata residential subdivision; and WHEREAS, the California Coastal Commission did on the 7th day of August, 2002, hold a duly noticed public hearing as prescribed by law to consider an amendment to the Local Coastal Program and acted to certify the amendment with suggested modifications; and WHEREAS, these Coastal Commission Suggested Modifications must be incorporated into the Local Coastal Program Zoning Map to become effectuated; and WHEREAS, on the 10th day of SEPTENBER , 2002, the Carlsbad City Council formally acknowledged receipt of the Coastal Commission's resolution of certification, including the suggested modifications. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the proposed Suggested Modifications will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. 3. That the Suggested Modifications to the Mello II segment of the Local Coastal Program are approved substantially as shown in Attachment "A" on file in the Planning Department and attached hereto. 4. That the Thompsonmabata Tentative Map and Site Plan previously approved by the City of Carlsbad be modified as necessary to comply with the applicable segments of the Carlsbad Local Coastal Program, as amended by this action. Attachment "A". 5. That staff is directed to modify the LCP zoning map in accordance with I 1 2 - 4 5 - 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attachment “A. 6. That the City agrees to issue coastal permits in accordance wit1 PASSED AND ADOPTED at a regular meeting of the City Council of the City oi Carlsbad on the mday of SEPTEMBER 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: IqOne Meinber Nygaard ATTEST: ” n % mINE v. WOOD, City Clerk (SEAL) / Page 2 of 2 of Resolution No. 2002-261 -2- EXHIBIT 3 Attachment "A LCPA 98-04(A) - Suaqested Modification Lanquaqe The City shall incorporate the following requirements onto the certified Local Coastal Program Zoning Map to apply to the subject parcels (APNs 214-140-44, 214-170-09, -36, -58, -59, -73, -77): a. The onsite areas of native vegetated habitat (approximately 2 acres), including coastal sage scrub, southern willow scrub and riparian area, shall be protected as a condition of development approval, and secured through a recordation of an open space conservation easement in favor of the City of Carlsbad or other conservation agency, or through other appropriate preservation method. Use of the open space area containing native vegetated habitat shall be restricted to habitat conservation, restoration and enhancement, and operation and maintenance of existing storm water facilities in the riparian area as necessary to serve existing and future development. b. As a condition of development approval, the onsite coastal sage scrub shall be protected by a buffer which shall include the slope upland of the habitat and a six foot high, solid barrier wall permanently located at the top of the slope, to separate the coastal sage scrub from the adjacent residential development. No gates, openings, or access to the habitat shall be provided through the barrier wall from the residential lot to the open space; however, the upper two feet of the wall may be plexiglass. The wall and its function as a habitat protection barrier shall be maintained by the Home Owners Association. All brush management for fire protection shall occur on the residential side of the habitat barrier wall. No clearing of coastal sage scrub habitat shall be permitted. The buffer area shall be secured through an easement or deed restriction that prohibits structures, grading and/or non-native plantings in the habitat buffer area. Revegetation of the disturbed area adjacent to the wall shall occur utilizing native, non-invasive species to reduce erosion potential, enhance habitat value and to screen the wall from views toward the residential development from the east. The development shall direct controllable noise and light sources away from the habitat areas and, if plexiglass is utilized, no lighting shall be permitted within 20 feet of the barrier wall. c. As a condition of development approval, the onsite areas of southern willow scrub, riparian and wetland area shall be protected by a minimum 50-foot buffer area, to the extent that the buffer can be physically accommodated on the subject site. Where the distance between the riparian area and existing adjacent development to the west is less than 50 feet, the buffer shall be provided to the maximum extent feasible. Remedial grading activities are allowed within the buffer area to the minimum extent necessary to stabilize adjacent soil conditions for safety and environmental protection purposes. The buffer area shall be secured 5 through an easement or deed restriction that prohibits structures and/or non-native plantings in the habitat buffer area. The buffer surrounding the riparian habitat shall be enhanced through planting native vegetation determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Brush management for fire protection is not allowed in the buffer area. Passive recreational uses such as sidewalks and seating areas are allowable in the upper half of the buffer zone.