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HomeMy WebLinkAbout1996-07-16; City Council; NS-366; Aviara MP amend / Local coastal program effective certification...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 ORDINANCE NO. NS-366 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING THE AVIARA MASTER PLAN BY THE AMENDMENT OF VARIOUS SECTIONS WHICH ADD SUGGESTED MODIFICATIONS PREVIOUSLY MADE BY THE CALIFORNIA COASTAL, CASE NAME: CITY OF CARLSBAD LOCAL COASTAL CASE NO: MP 177(Q) The City Council of the City of Carlsbad, California does ordain tl Aviara Master Plan, being Ordinance No. 9839, as amended to date, shall be amended as follows: COMMISSION PROGRAM EFFECTIVE CERTIFICATION SECTION I: That the “Local Coastal Program” section (p 13) Master Plan shall be amended to read as follows: Local Coastal Program The Pacific Rim Master Plan as adopted by the Carlsbad City Council anc approved and modified by the California Coastal Commission herein anc in Coastal Development Permit #6-87-680 is approved as the Implementing Ordinance for the corresponding portion of the Eas Batiquitos Lagoon/Hunt Properties Land Use Plan. SECTION II: That the “Grading and Resource Protection’’ sectior of the Master Plan shall be amended to read as follows: Grading and Resource Preservation All development upon the subject property shall comply with the gradin! and resource preservation policies of the underlying Mello I, Mello II an( Batiquitos Lagoon/HPI Local Coastal Program policies. For all tentativc maps and/or site development plandplanned unit development processec for any portion of this Master Plan, site specific slope and biologicz constraint maps must be submitted for review. These maps shall spec$ 1) all 25% or greater slope areas containing Chaparral and Coastal Sag( Scrub habitats, and 2) all other 25% or greater slope areas. All ne\ development shall be designed to be consistent with multi-species an1 multi-habitat goals and requirements as established in the statewid’ Natural Communities Conservation Planning (NCCP) Program. Both th 1 1 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 0 tentative tract maps and the final maps shall demonstrate compliance with NCCP guidelines. Compliance with the guidelines shall be developed in consultation with the United States Fish and Wildlife Service and the California Department of Fish and Game. The (upland) areas to be retained in their natural state, pursuant to this policy, as well as all other areas of the site proposed for retention in their natural state shall be placed in an open space deed restriction as a condition of approval for any development pursuant to the Master Plan. SECTION Ill: That the Planning Area 17, “Landscape” section (p 1 the Master Plan shall be amended to read as follows: A fire suppression zone subject to the approval of the Planning Director and Fire Marshal shall be established between nativehaturalized areas and structures. The fire suppression plan should incorporate a minimum twenty (20) foot structural setback from native areas in combination with a program of selective thinning of native vegetation subject to the approva of the Planning Director. SECTION IV: That the Planning Area 17, “Open Space” section I of the Master Plan shall be amended to read as follows: The manufactured slope areas shall be maintained as open space Additional areas along the western boundary of the planning area shall be maintained as natural open space including eucalyptus groves located a the northwest and southwest corners of the planning area which may be thinned. A tree thinning plan shall be submitted to the Planning Directol for approval. The above open space areas shall be maintained by the community open space maintenance district. A north-east trending ope1 space wildlife corridor shall be maintained at the north end of this plannin! area in conformance with the requirements of the Department of Fish anc Game and the US Fish and Wildlife Service to meet the goals anc requirements of the Natural Communities Conservation Planning (NCCP Program. This corridor shall also include a wildlife undercrossing beneatl Ambrosia Lane to connect to Planning Area 18 open space. SECTION V: That the Planning Area 21 , “Landscape” section (p the Master Plan shall be amended to read as follows: A fire suppression zone subject to the approval of the Planning Directc and Fire Marshal shall be established between nativehaturalized area 2 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 0 and structures. The fire suppression plan should incorporate a minimum program of selective thinning of native vegetation subject to the approval of the Planning Director. twenty (20) foot structural setback from native areas in combination with a SECTION VI: That the Planning Area 21, “Trails” section (p 154) Master Plan shall be amended as follows: Trails A portion of the major community trail which extends southward from Poinsettia Lane is located within this planning area. The trail segment runs along the westerly edge of the major eucalyptus grove within the planning area and the segment within the public utility corridor which extends southward to the golf course shall be constructed as a condition of development for this planning area. Revisions to the trail alignment within this segment may occur in consultation with the Department of Fish and Game and the US Fish and Wildlife Service, and shall conform to the western edge of the residential subdivision and extend south to the go11 course. SECTION VII: That the Planning Area 22, “Landscape”: section (p the Master Plan shall be amended to read as follows: A fire suppression zone subject to the approval of the Planning Direct0 and Fire Marshal shall be established between nativehaturalized area: and structures. The fire suppression plan should incorporate a minimun twenty (20) foot structural setback from native areas in combination with : program of selective thinning of native vegetation subject to the approva of the Planning Director. SECTION VIII: That the Planning Area 22, “Open Space” section of the Master Plan shall be amended to read as follows: The manufactured slope areas shall be maintained as open space. Tt- undeveloped areas, especially the slopes in the central, east and sc portions of the planning area, shall be maintained as natural open s conformance with the requirements of the Department of Fish and Game US Fish and Wildlife Service to meet the goals and requirements of the Communities Conservation Planning (NCCP) Program. The above note space areas shall be maintained by the community open space main! district. A wildlife under crossing shall be constructed beneath the Plannil 22 access road at the north end of the open space wildlife corridor. - 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 SECTION IX: That the Planning Area 22, “Trails” section (p 138) Master Plan shall be amended as follows: Trails The portion of the major community trail which connects Poinsettia Lane and Alga Road is located within the planning area and shall be constructed as a condition of development for this planning area. Revision to the trail alignment within this segment may occur, in consultation with the Department of Fish and Game and US Fish and Wildlife Service, to extend south to a connection with Alga Road and to avoid environmentally sensitive habitat areas. SECTION X: That the Planning Area 22, “Native Vegetation: sec 162) of the Master Plan shall be amended to read as follows: A fire suppression zone subject to the approval of the Planning Directol and Fire Marshal shall be established between native/naturaIized are2 and structures. The fire suppression plan should incorporate a minimum twenty (20) foot structural setback from native areas in combination with E program of selective thinning of native vegetation subject to the approva of the Planning Director. SECTION XII: That the Planning Area 23 :”Trails” section (p 102 Master Plan shall be amended to read as follows: Trails The Dortion of the major community trail which connects Poinsettia Lanc and ‘Alga Road is iocated within the planning area and shall bc constructed as a condition of development for this planning area. Revisions to the trail alignment within this segment may occur, it consultation with the Department of Fish and Game and US Fish an( Wildlife Service, to extend south to a connection with Alga Road and tc avoid environmentally sensitive habitat areas. SECTION XIII: That the Planning Area 32, “Permitted Uses” sectil of the Master Plan shall be amended as follows: 4 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 1 e 0 The following uses are allowed within the Pacific Rim Park (Areas 32 anc 32a on Exhibit V-33); natural open space, passive recreational uses family-oriented picnic areas, group picnic areas, turfed open space areas for free play, multi-purpose lighted playfields, tot areas, a structure for meeting or lectures, tennis courts, swimming pool, onsite parking and are allowed with Area 32b subject to approval of a conditional use permit. SECTION XIV; That the Planning Area 32, ”Open Space” sec similar uses commonly located in a public park. Church and daycare uses 193a) of the Master Plan shall be amended to read as follows: Open Space An open space corridors shall be maintained at the north end of this planning area in conformance with the requirements of the Department of Fish and Game (DFG) and the US Fish and Wildlife Service (FWS) to meet the goals and requirements of the Natural Communities Conservation Planning (NCCP) Program. The corridor shall be established in consultation with DFGNSFWS. SECTION XV: That the schematic drawings associated with PI; Areas 17, 22 and 32 (p 136a, 155a and 194) of the Master Plan shall be amen( follows: a. Revise PA 17 schematic to include revised approved tentative ma b. Revise PA 22 schematic to included revised approved tentative ma c. Revise PA 32 schematic to eliminate any propose development pattt SECTION XVI: That the Planning Area 25, “Landscape” section (p I open space corridor as shown in concept on Exhibit A attached. open space corridor as shown in concept on Exhibit B attached. the Master Plan shall be amended to read as follows: I I 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 thinning of native vegetation as indicated in the “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Plant Communities”: provided that no portion of Zone I as defined in the “Guidelines” shall encroach upon deed restricted open space areas required as part of the approval of the Master Plan. All elements of the fire 5 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 suppression plan, including the location of zone boundaries, and selective thinning programs shall be subject to the approval of the Planninc Director. Any deviation from the “Fire Suppression Guidelines” shall be the subject of future local coastal program amendments. SECTION XVII: That the Planning Area 26, “Landscape” section of the Master Plan shall be amended 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 structura setbacks from native areas in combination with a program of selective thinning of native vegetation as indicated in the “Fire Suppressior Landscape Guidelines for Undisturbed and Revegetated Native Plan. Communities” provided that no portion of Zone 1 as defined in the “Guidelines” shall encroach upon deed restricted open space area: required as part of the approval of the Master Plan. All elements of the fire suppression plan, including the location of zone boundaries, and selective thinning programs shall be subject to the approval of the Planninc Director. Any deviation from the “Fire Suppression Guidelines” shall be the subject of future local coastal program amendments. SECTION XVII: That the Planning Area 27, “Landscape” section [ of the Master Plan shall be amended to read as follows: A fire suppression zone subject to the approval of the Planning Direct01 and Fire Marshal shall be established between native areas anc structures. The fire suppression plan should incorporate structura setbacks from native areas in combination with a program of selective thinning of native vegetation as indicated in the “Fire Suppressior Landscape Guidelines for Undisturbed and Revegetated Native Plan, Communities”: provided that no portion of Zone 1 as defined in the “Guidelines” shall encroach upon deed restricted open space area: required as part of the approval of the Master Plan. All elements of the fire suppression plan, including the location of zone boundaries, and selective thinning programs shall be subject to the approval of the Planning Director. Any deviation from the “Fire Suppression Guidelines” shall be the subject of future local coastal program amendments. SECTION XVIII: That the Planning Area 27, “Landscape” section 1 of the Master Plan shall be amended to read as follows: 6 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 I 27 28 A fire suppression zone subject to the approval of the Planning Direct0 and Fire Marshal shall be established between native areas anc structures. The fire suppression plan should incorporate structural setbac\ from native areas in combination with a program of selective thinning 0 native vegetation as indicated in the “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Plant Communities” provided that no portion of Zone 1 as defined in the ”Guidelines” shal encroach upon deed restricted open space areas required as part of the approval of the Master Plan. All elements of the fire suppression plan shal be subject to the approval of the Planning Director. Any deviation from the “Fire Suppression Guidelines” shall be the subject of future local coasta program amendments. SECTION XIX: That the Planning Area 28, “Landscape” section ( of the Master Plan shall be amended 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 structura setbacks from native areas in combination with a program of selective thinning of native vegetation as indicated in the “Fire Suppressior Landscape Guidelines for Undisturbed and Revegetated Native Plant Communities”: provided that no portion of Zone 1 as defined in the ”Guidelines” shall encroach upon deed restricted open space areas required as part of the approval of the Master Plan. All elements of the fire suppression plan shall be subject to the approval of the Planning Director. Any deviation from the “Fire Suppression Guidelines” shall be the subject of future local coastal program amendments. SECTION XX: that the Planning Area 30, “Landscape” section (p the Master Plan shall be amended 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 thinning of native vegetation as indicated in the “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Plant Communities”: provided that no portion of Zone 1 as defined in the ”Guidelines” shall encroach upon deed restricted open space areas required as part of the approval of the Master Plan. All elements of the fire suppression plan shall be subject to the approval of the Planning Director. Any deviation from the “Fire Suppression Guidelines” shall be the subject 7 I f 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 0 of future local coastal program amendments. SECTION XXI: That the Planning Area 24, “Landscape” section of the Master Plan shall be amended to read as follows: A fire suppression zone subject to the approval of the Planning Direct01 and Fire Marshal shall be established between native areas anc structures. The fire suppression plan should incorporate structura setbacks from native areas in combination with a program of selective thinning of native vegetation as indicated in the “Fire Suppressiorl Landscape Guidelines for Undisturbed and Revegetated Native Plani Communities”: provided that no portion of Zone 1 as defined in the ”Guidelines” shall encroach upon deed restricted open space areas required as part of the approval of the Master Plan. All elements of the fire suppression plan shall be subject to the approval of the Planning Director. Any deviation from the “Fire Suppression Guidelines’’ shall be the subjed of future local coastal program amendments. EFFECTIVE DATE: This ordinance shall be effective thirty days a adoption, and the City Clerk shall certify to the adoption of this ordinance and c’ to be published at least once in a newspaper of general circulation in the ( Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Ca City Council on the 9th day of JULY , 1996, and thereafter .... .... .... .... .... .... .... I ~ 8 a 0 1 2 3 4 5 6 7 8 9 10 PASSED AND ADOPTED at a regular meeting of the City Counci City of Carlsbad on the 16th day of JULY , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hz NOES: None ABSENT: None ABSTAl N: None APPROVED AS TO FORM AND LEGALITY 11 ' 2 RONALD R. BALL, City Attorney L .n. fL2" 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTEST: ALETHA L. RAUT (SEAL) 9 0 0 Open space to be preserved . . Key Ma Legend Entry Traalrnent 1;Sl Waifiendnq b 1 Tc3ii *- .. -:. -/ @ scanic Pcint ” x. E! vlaw Orientaticn I ‘f 1 ‘i 7 ‘L q r4-j i !=y k. i’ ‘G db .. 0 a IC\ ‘I I I.--- P !?? L a t- .. ,Open space to be preservt (See open space discussit in Planning Area text) atu r al Slopes .. < (to be preserved) \ Key Map \ w eqend @ \‘ 7 \ <f$ Entry Treatment Scanic Point “ \ 16 \i . 1 *: 1 WJUFenunq m vkw Orientat, I*”--’ p7 Tr~l -T OCl \’ 1. -4“ \\ & Gs-4 P L4