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Home My WebLink About1996-06-05; Planning Commission; Resolution 3922e 8 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 PLANNING COMMISSION RESOLUTION NO. 3922 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL REAFFIRM ACCEPTANCE OF THE COASTAL COMMISSION’S SUGGESTED MODIFICATIONS, ACKNOWLEDGING RECEIPT OF THE COMMISSIONS RESOLUTIONS OF CERTIFICATION FOR THE WEST BATIQUITOS LAGOON SEGMENT 1985, EAST BATIQUITOS LAGOON SEGMENT 1988, MELLO I AND I1 SEGMENTS 1985 AND THE FOLLOWING SUGGESTED MODIFICATIONS 1-87, 2-87, 3-87, 3-91, 1-91, 1-92, 1-94(A), 1- 94(B), TH - 6B, DIRECT STAFF TO SUBMIT THE DOCUMENTS NECESSARY FOR EFFECTIVE CERTIFICATION, AND AGREE TO ISSUE COASTAL DEVELOPMENT PERMITS THROUGHOUT THE COASTAL ZONE EXCEPT IN THE AGUA HEDIONDA LAGOON SEGMENT AND CARRY OUT THE LOCAL COASTAL PROGRAM IN CONFORMANCE WITH DIVISION 20 OF THE PUBLIC RESOURCES CODE CASENAME: CITY OF CARLSBAD LOCAL COASTAL CASE NO: LCPA 95-15MP 177(Q)MP 175(G)/ MCA 96- PROGRAM EFFECTIVE CERTIFICATION 96-01/ZCA 95-03 WHEREAS, the City of Carlsbad’s Local Coastal Program has not yet Effectively Certified by the California Coastal Commission; and WHEREAS, Effective Certification of the Local Coastal Program, in accorc with California Administrative Code Section 13544.5, is necessary before the City of Car can obtain Coastal Permit Development issuing authority; and WHEREAS, certain city legislative actions (as set forth in this resolutioI necessary before submission of the City’s Local Coastal Program to the California Cc Commission for Effective Certification; and WHEREAS, the City of Carlsbad has received Suggested Modifications fro1 California Coastal Commission for the Land Use and Implementation Portions of the : 28 Coastal Program as set forth in this resolution; and 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 WHEREAS, the Planning Commission is Advisory Body to the City CouncI may make a recommendation on the items set forth in this resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the Planning Commission RECOMMENDS that the City Cc REAFFIRM ACCEPTANCE of the California Coastal Commis "Suggested Modifications" as shown in the attached Exhibit "Y" dated M 1996. 3. That the Planning Commission RECOMMENDS that the City Cc AGREES TO ISSUE Coastal Development Permits in conformance wii certified Local Coastal Program in all segments except the Agua Hed Lagoon Segment, and certify that the local coastal program will be carried ( conformance with Division 20 of the Public Resources Code. 4. That the Planning Commission RECOMMENDS that the City Cc acknowledge receipt of the Coastal Commission's Resolutions of Certific including any terms or suggested modifications which have been received. 5. That the Planning Commission RECOMMENDS that the City Council staff to submit the necessary documents to the Coastal Commission for Eft Certification of the City Local Coastal Program. Findings: 1. That the proposed Suggested Modifications are consistent with the Ci Carlsbad's Local Coastal Program. 2. That acceptance of the proposed Suggested Modifications and agreement to coastal development permits is necessary by the City Council in order to c( with California Administrative Code Section 13544.5. 3, That the above actions and notification procedures for appealable developme1 legally adequate to satisfy the specific requirements set out in the C Commission's Certification Order. .... .... PC RES0 NO. 3922 -2- m e 1 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Pla 2 3 Commission of the City of Carlsbad, California, held on the 5th day of June, 1996, k 4 following vote, to wit: AYES: Chairperson Compas, Commissioners Heineman, Nielsen, P 5 Savary, Welshons 6 7 8 9 NOES: None ABSENT: Commissioner Monroy ABSTAIN: None 10 11 12 13 14 WILLIAM COMPAS, Chdrperson CARLSBAD PLANNING COMMISSION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: MICHAEL &$fly J. ~LZMILLER Planning Director 11 PC RES0 NO. 3922 -3 - e a EXHIBIT "Y" MAY 1, 1996 1-87 MELLO II SEGMENT 1. Modification of the proposed LUP designation for the upland portion of the Hughes property on the north side of Buena Vista Creek (proposal "F") to exclude from the proposed change a 25-foot wide open space buffer upland of the 6.6 (MSL) elevation of the Buena Vista Creek Channel. 2. Deletion of proposal "G" for a LUP designation change for the first row of lots fronting Buena Vista Lagoon between the Interstate 5 overcrossing at Jefferson Street and the property south and east of the intersection of Buena Vista Way and Jefferson Street. Page 1 0 @ 2-87 SUGGESTED MODIFICATION TO THE MELLO II SEGMENT SEAPOINTE, POLICY 3-6 AND 4-B2 OF IMPLEMENTING ORDINANCES A. Mello II Segment Land Use Plan 1. The City shall submit a revised exhibit for the proposed Open Space area of Seapointe Sub-area P-3. The revised exhibit shall show all of the wetlands and riparian habitat of the site, and an upland buffer of 100 feet in width, within the proposed Open Space (OS) designation. 2. Policy #3-6 shall be added to the Mello II segment Land Use Plan to read: 3. Proposed uses #I2 and #I3 within agriculturally designated lands of the Carltas Property (farmer’s markets or a floral auctionkenter) shall be deleted from the amendment. B. Mello II Segment Implementing Ordinances 1. Revise the first paragraph of Policy 4-(b-2) of the Implementing Ordinances under the Coastal Resource Protection Overlay Zone to state: (b) Drainage, Erosion, Sedimentation, Habitat (2) Batiquitos Lagoon Watershed - Development located east of 1-5 (generally referred to as the Savage property) shall be designated for a maximum density of development of E 12 units per gross acre, excluding wetlands ~nd,,~~n~~~~9ra~~~~~,~~ - requirements of the P-C planned community zone Ch. 21-38, supplemented by these additional requirements. Land divisions shall only be permitted pursuant to a Master Plan for the entire original parcel subject to the requirements herein .... ,;(__ ‘,.^. . , ., ,,.,,.,,, .” ,,&$;%@If “ta8lS rr(@ff@, . . . , , , . , . , . . . , , , . . nrl uu In ,,, l ,h}. Development shall take place according to the 2. Proposed uses #I2 and #I3 within agriculturally designated lands of the Carltas Property (farmer’s markets or a floral auctionkenter) shall be deleted from the amendment. Page 2 e 0 PACIFIC RIM (AVIARA) MASTER PLAN Page 3 e 0 l 3-91 AVIARA MASTER PLAN Fire suppression policy language contained in the landscape development standards on page 165 of the Aviara Master Plan should be revised to read as follows: A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between native areas and structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective Page 5 1-92 MELL 1. Page 6 0 e 1 -94(A) WEST BATlQUlTOS LAGOON Page 7 a e 0 e a e identified as “Public Open Space.” 15. On page 25, under “Open Space and Resource Preservation--Perimeter Pedestrian Trail,” the following language shall be added: e 0 All development in this Area shall be consistent with Batiquitos Lagoon Enhancement Plan. Tk2 2 !x c- Page 12 e e I -94( B) AVIARA MASTER PLAN 1. On page 17 within the "Local Coastal Program: section, new language shall be added in Section 2 as follows: Grading and Resource Preservation All development upon the subject property shall comply with the grading and resource preservation policies of the underlying Mello I, Mello II and Batiquitos Lagoon/HPI Local Coastal Program policies. For all tentative maps and/or site development plans/planned unit development processed for any portion of this Master Plan, site specific slope and biological constraint maps must be submitted for review. These maps shall specify: 1) all 25% or greater slope areas containing Chaparral and Coastal Page 13 0 e a e e 0 approval of a conditional use permit. 13. On page 193a under Planning Area 32 "Open Space," the following language shall be added as follows: 14. The schematic drawings associated with Planning Areas 17, 22 and 32 should be revised as follows: a. Revise PA 17 schematic to include revised approved tentative map and open space corridor as shown in concept on Exhibit A attached. b. Revise PA 22 schematic to include revised approved tentative map and open space corridor as shown in concept on Exhibit B attached. c. Revise PA 32 schematic to eliminate any proposed development pattern. Page 16 e e 3) Open Space - Portions of Planning Area 1, IA,&lB a++k&& - are designated Open Space (OS). In addition to uses permitted under this designation, other uses kxe~ 1, ?A and4-B may include public and/or private golf course plus accessory uses such as clubhouse facilities. Uses in this open space area shall be designed so that there will be no significant adverse impacts on environmentally sensitive habitats. Also designated for open space is the lagoon wetland and buffer (transition habitat) (Planning Areas 31A and 31B). The only uses allowed within the wetland shall be consistent with Section 30233 (Public Resources Code-See discussion in Policy C-I below ). The only uses allowed within the wetland buffer is a lateral public access trail system, consistent with the Batiquifos Lagoon Enhancement Plan prepared The trail shall be designed so as to +tw&sswc~ tc E- F maintain and preserve sensitive wetland areas from disturbance, encroachment, human or domestic pet interference. .. .. Page 17 e _.,____L.. .~~~ * ,,,,_;_ F) 5) All areas disturbed by grading, but not completed during the construction period, including graded pads, shall be planted and stabilized prior to finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site .... hlh\rdmkbr 1st with temporary or permanent (in the case of .,~^,~",~,~l"x,",",""",l G)