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HomeMy WebLinkAbout1976-10-13; Planning Commission; Resolution 1277\. C? /I 0 0 1 2 3 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 PLANNING COMMISSION RESOLUTION NO. 1277 RESOLUTION OF THE CARLSBAD PLANNING COM- MISSION RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE AGUA ALLY APPROVING IN CONCEPT A GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AS CONSISTENT NIA COASTAL CONSERVATION PLAN AND THE CITY GENERAL PLAN. HEDIONDA LAGOON SPECIFIC PLAN ANP GENER- WITH THE POLICIES OF THE STATE OF CALIFOR- CASE NOS. GPA-41, SP-179, EIR-329 WHEREAS, the Agua Hedionda Lagoon Area has been selecte the California State Coastal Commission as a Pilot Project w procedures for plan certification for local government admin tration of the California State Coastal Plan as approved by Legislature, and WHEREAS, this selection resulted in the formation of a group consisting of staff members from the City of Carlsbad, State and Regional Coastal Conservation Commissions, and a P ning consultant retained by property owners around the Lagoo WHEREAS, this groups has held public meetings wherein m of the public contributed in substance to the general data a suggested policies, a result of which has been the productio a Specific Plan for the development of the Agua Hedionda Lag and its surrounding land areas, together with an Environment Impact Report and suggested amendments to the General Plan c City of Carlsbad, each document recognizing and honoring the policies contained in the California Coastal Plan. BE IT THEREFORE RESOLVED that the Carlsbad Planning Con does find as follows: 1) That the Environmental Impact Report (EIR-329) does met fully the provisions of the California Environmental Q( .% I! e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 2) 3) Act.and the City of Carlsbad Environmental Protection Ordinance of 1972 for the following reasons: a) The draft EIR was properly noticed and reviewed; b) The comments received from reviewing agencies and individuals have been adequately addressed in the Final EIR; and C) The identified impacts of the project can be adequ; mitigated. That the General Plan Amendment 41 is approved in concel shown on Exhibit A dated August 18, 1976. At such time Agua Hedionda Specific Plan is approved in concept by tl State of California Coastal Zone Conservation Commissiol the Planning Commission and City Council shall hold dul: noticed public hearings to formally consider said Generl Plan Amendment. Justification is based on: a) The General Plan amendment will help to best meet intent of other General Plan policies, as well as policies of the California Coastal Plan; b) The proposed General Plan land use changes are bas detailed analysis of the environmental effects of various land use alternatives; and c) The proposed General Plan land use changes will no adversely affect surrounding properties. That Specific Plan 179 as shown in Exhibits A through 0 clusive, dated August 18, 1976, with changes recommende here-in-after, is approved in concept. Upon approval-i concept by the California Coastal Zone Conservation Com the Specific Plan shall be returned to the Planning Com and City Council for duly noticed public hearings on ap ble General Plan amendments and for adoption of applica implementing zoning ordinances, specific plans and othe ordinances necessary to carry out the intent of the Agu Hedionda Specific Plan. Justification is based on: a) The Specific Plan (SP-179) implements recommendati of the General Plan Land Use Element, Circulation Open Space and Conservation Element, Noise Element Parks and Recreation Element, Seismic Safety and G logic Hazards Element, Scenic Highways Element of General Plan in the following ways: 1) It implements the Lagoon Guidelines and Speci Treatment Area Guidelines of the Land Use elf 2) It designates an integrated circulation syste including provisions for automobiles, bicycle pedestrians and pub1 ic transit; -2- 1. 7 II e 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 3) It identifies environmentally sensitive areas sets standards for their protection and preser tion; 4) It identifies future and existing noise problt and recommends measures for their mitigation; 5) It proposes a full range of park and recreatic amenities for the lagoon; 6) It identifies geologic hazards and proposes mt sures to lessen the impact of those hazards; 7) It designates scenic routes and proposes spec' standards for development adjacent ot those routes. b) The Specific Plan (SP-179) is based on an optimum balance bl environmental protection of the lagoon's resources public's right of access to and recreational use o lagoon, and the continued productive use of lands the lagoon. c) The Specific Plan proposes a phasing plan to assur public facilities are provided concurrent with nee and are extended in an orderly manner. NOW, THEREFORE, BE IT RESOLVED that: A) The above recitations are true and correct. B) The Environmental Impact Report (EIR-329) has been pre- pared and fully discussed at duly noticed public hearin before the Planning Commission and the final Report is recommended to the City Council for certification as be complete and in compliance with the requirements of the of Carlsbad Environmental Protection Ordinance of 1972. C) The Planning Commission is generally in favor of the ov concept of development as presented in the Agua Hedionc Specific Plan (AHSP) and that the Planning Commission 1 mends that the City Council find that the recommendatic the following areas are consistent with City of Carlsbi Policy for the following reasons: 1) Sensitive Wildlife Habitats: The City approves ir cept the intent of and proposed boundaries for tl wildlife preserve as outlined in Exhibit E of the AHSP and on page 11 of the AHSP text. 2) That the Pannonia Parcel of approximately 59.9 ac' be designated as residential low-medium density, 1 dwelling units per acre (this constitutes a conve of approximately 47 acres from agriculture). II -3- 3, '> 1 2 3 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 0 e 3) That approximately 20 acres of agricultural land currently within the 9. acre community park be convc to community recreational use as an integral part c overall City Park Program. 4) That Cannon Road between 1nters.tate 5 and El Caminc Real shown on Exhi bit C of AHSP shall be defined as an integral part of the overall City Circulation SJ and should be developed in accordance with circulai policies B-1-d, e, f as outlined on Page 2 of AHSP. 5) That Conditions 1 through 59 are generally designec to address the mitigation of Environmental Impacts identified in the EIR for AHSP. a) That Condition 8c of AHSP shall be amended as follows: To leave the "OS" General Plan land designation on most of the property, as it is designated, but extend the General Plan land I Public Utility "U" classification to a portio! the property as determined by the City Counci' The location of Public Utility uses east of tl freeway should consider environmental factors such as proximity to the shoreline, visibilit! from 1-5 and the north shore, and relationshil to recreational and agricultural uses. That portion of the property would be retained as "PU" Zone and the General Plan would have to I amended to show Pub1 ic Utility ("U") land use designation. The Specific Plan would at the : time be amended to delete the future Power Pli site, and allocate an area east of 1-5 as "P-l subject to future Specific Plan approval. Thc portion of the area east of 1-5 which would r( the "0-S" designation would be rezoned "OS", which permits expansion of the transmission fl ties, but only by Conditional Use Permit. 6) That the following Policies identified to preserve biologic value of the Agua Hedionda Lagoon shall b cluded as Condition No. 60: a) No actions shall be allowed which will result adverse environmental impact on the lagoon sy b) All appropriate steps will be taken to mainta improve lagoonal water quality. c) Maintenance of a large tidal prism and, there rapid flushing of the lagoon is necessary for continued vitality of the ecosystem. Dredgin the inner lagoon will eventually be necessary to retain the optimal flushing action. Such will have short-term impacts on biological re sources immediately adjacent to the dredged a -4 - x, ? 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w w but will have a long-term positive effect on 1 lagoonal ecosystem as a whole. d) The shores of the lagoon should be altered on1 if such alteration would result in an overall improvement in the biological quality of the 1 e) The continued use of the lagoon as a natural, logical laboratory should be continued. 7) That Condition No. 23 of the AHSP be replaced by tt following: Construction of private docking facilities for the storage or long term mooring of boats shall be pro- hibited. Private recreational docks for loading, ( servation and swimming shall be subject to review i approval by the City of Carlsbad on a project by pl basis. No such facility shall be permitted where . creates a hazard or otherwise inhibits public use ( Agua Hedionda Lagoon. All such facilities shall bt subject to approval by the U.S. Army Corps of Engir and the U.S. Fish and Wildlife Service in addition the required City of Carlsbad approval. 8) That the following amendments to the AHSP text sha' be included: a) Page 9, Section e (1) after word "faciIities" add "to be used by the public". b) Page 12, add Section 2 e: "Upon adoption of . Specific Plan, the City Council shall request County Assessor to reassess the property, bas. such reassessment on the fact that the proper. thus defined is unavailable for use by the OWI c) Page 14, add to Section 6 a the phrase: ''to ' standards provided for in the Design Review 01 ance" . 9) That the City Council is urged to recommend to the Coastal Commission that it recognize the costs of plementation of the State Coastal Policies which a and above the costs of implementation of the Carls General Plan as being concerns of statewide intere and as such should properly be borne by the State. 10) That, upon final adoption of the Plan, the City Co request the County Assessor to provide tax relief those owners whose property is indicated on the P1 as being for public use. 11) That all testimony, oral and written, offered duri the public hearings is thereby included as an inte part of the Public Record. -5- s t *' P /I 0 e 1 2 3 4 5 12) That Exhibit A of the Specific Plan shall be amend€ to include an indication of transmission corridor. 13) That the City Council recommend to the State Coast; Commission the City's concern with developing a prc to achieve Coastal Plan implementation and that tht necessary provisions for staffing be accomplished 1: additional monies or subventions granted by the St; to the local agency. 6 1976, by the following vote: 8 Commission at a regular meeting held on the 13th day of Octoh '7 PASSED, APPROVED AND ADOPTED by the City of Carlsbad Pla 9 10 11 AYES: Commissioners Larson, L'tfeureux, Fikes, Nelson and Jose. NOES : None. 12 I/ ABSENT: Commissioner Watson. 13 I/ ABSTAIN: Commissioner Rombotis. 14 15 &y Wi 1 ,I r StepTeh' M.wr$Chairman X 17 ATTEST: 20 21 22 23 24 25 26 27 28 // -6-