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HomeMy WebLinkAbout1975-12-02; City Council; 3528; PROPOSED SPECIAL AREA PLAN FOR AGUA HEDIONDA LAGOON> Cl’fS OF CAKLSBCID @ __.---I ~---- - e Initial - : Dept. Hd City Ate: City Mgr -__I 6JIC;CNDA BILL NO. 352f DATE: December 2, 1975 D E P F, RT 14 E I1 T : Planning - SUBJECT: Proposed Special Area Plan for Agua Hedionda Lagoon -__I- *-___ Statemmt Of the Matter In the last several weeks, considerable has been generated regarding the poter,tial of developing a Spec Plw fsr the Aqua Hedionda Lagoon. As you may recall, the Land Element of the General Plan designated -the lagoon as a special area and tke Open Space and Conservation Element recommended th, overlay zone be established. klithin the last two weeks, the Regional Calffornia Coastal Zone tion Cornmission staff has approached the City of Carlsbad regarr patential for developing a precise plan for the lagoon. Simulti with the Coastal staff inquiry, a number of property owners have their desire to develop a similar plan. Wjtfi th-e s,i:multaneous recognition of the value of the Agua Hedic Lqgson qs a loca1,regTonat reserve, it appears that the interesi establishing a plan is such that the City Council may wish to cc participating in the development of the Specific Area Plan for f Hedionda Lagoon and in doing so, insure the proper levels of co with the Coastal Commission staff and the affected property own€ The attached is correspondence from the two bodies outlining the percei’ved roles i‘n planned preparation. . Exhibits: Letter to City Manager dated November 14, 1975 from Thomas A. Cr Executive Director, Regional California Coastal Zone Conservatio Cornmi ssvon Letter From Kamar Constructi.on Co., Inc. dated November 19, 1975 Recomrnen da t i on: That Council give qeneral concurrence to the plan and direct sta make application for funds that may be available through the Coa Commission and the 701 Program. Council action 12-2-75 The Council concurred with staff recommendation. RONALD REAGAN, Gove MALCOLM Chairman ROBERT C Vice Chairr 0 I) c- . r .- STATE OF CALIFORNIA-CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SAN DIEGO COAST REGIONAL COMMISSION 6154 MISSION GORGE ROAD, SUITE 220 SAN DIEG0,CALIFORNIA 92120-TEL. (714) 280-6992 November 14, 1975 \ Conservatic THOMAS L Paul Bussey, City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Bussey: SUBJECT: Preliminary Certificati Precise Plan for Agua Hedionda Lagoon Over the past several weeks, our staff has been reviewing your city's plan efforts in the Agua Hedionda Lagoon area for the purpose of comparing your planning efforts with the policies contained in the recently completed Sta Coastal Plan. The goal of this effort is to help your office better under stand the implications of the Coastal Plan. This goal is being accomplish by the identification of potential areas of incompatibility between the tFu planning efforts and without great emphasis on the many areas of consister Within the past month, the State Coastal Commission's financial status ha: changed significantly by receiving assurance that a federal planning grant for the next fiscal year will be forthcoming. It is the intent of the St2 Commission to use a portion of these monies (some $180,000 statewide) to f the so-called "pilot efforts in plan certification". What this program an to is the testing of the certification process for local governments' coaz related plans as proposed in the State Coastal Plan. Because of the advanced state of your city's coastal related planning effc and because of a cooperative spirit that has characterized CarlsbadPs init efforts at trying to understand and adjust their plans to the policies set forth in the Coastal Plan, we would like to recommend to the State Commis: that your city be strongly considered for receiving a planning grant for t ing the certification process. The amount that would be subvented to your city would be relatively modest (perhaps on the order of $5,000 to $10,00( and the time constraints for completing the effort quite severe (by June z 1976). We, of course, would be contributing some 12 man months to the efl as well. * 7- Id .e Paul Bussey e November 14, 1975 Page 2 Potential advantages to the city from their involvement in this effort apy to be as follows: (1) If the Legislature enacts legal requirements for certification of loc? governments? coastal plans by some successor coastal agency, the City Carlsbad will be in the best possible position to have some of their plans rapidly certified and the full responsibility for approving or denying development projects in their coastal area returned to the city. (2) Carlsbad, by participating in this pilot effort, could at an early date begin considering the effects of amending their plans for Agua Hedionda Lagoon in a way that would bring them into conforrnancy with the State Coastal Plan. The approval of the modified plans by the Regional and State Commissions would allow the city to embark more confidently on its development efforts even before the Legisla- ture acts on the State Coastal Plan. I want to emphasize that the city is not legally bound to make any adjustr in their plans for Agua Hedionda Lagoon based upon this pilot effort in tc the certification process. However, it is anticipated that both the city Commissions will make a good faith effort to reconcile conflicts between 4 two planning programs. I would be pleased to meet with you at any time to review the matter furtl And should your City Council have any questions, I would be glad to meet 6 them as well. If your city should be interested in becoming a part of th: joint effort, please let our office know as soon as possible. Sincerely, I - (‘,%% MLLQ \ h,nw k 9 Thomas A. Crandall Executive Director TAG : dy 0 e . -r - BUILDERS V DEVELOPERS KAN GTION C 325 ELm Avenue, Post Office Box 1155, Carisbad, California 92008 Phone 729-791 1 Contractor's License No. 161995 November 19, 195 Honorable City Council City of Carlsbad 1200 EXm Avenue Carlsbad, California 92~8 Re: @a Redionda Lagoon Specific Plan Mayor Robert Frazee and Council Members, I am writing as a representative sf the property owners on the North Shore of Ague Ifedionda Lagoon, all of which have followed with in- terest the development proposals and planning processes of %he City of Carlsbad and the San Diego Regional Coastal Commission in this are This group consists of 9'7% of the property owners representing 95% of the assessed valuation of the area, This group has agreed to participate in the formation of a plan and has agreed to jointly hire a consulting staff to prepare this plan for the Xorth Shore. the goals ad objectives of Carlsbad Open Spce and Conservation Element, Park and Recreation Element, Scenic Highww Element, Circu- lation Element and Land Use Element. The ultimate goal muld be the dovetailing of plznning imput by the property owners, their planning staff, the City of Carlsbad Planning Department staff and the staff of the Regional Coastal Comission. For this to be properly accomplished, -e respectfully request the Cit of Cwlsbad's help by a comitment of the Planning staff's tfme to this purpose and to assist in the eo-ordination with the staff of the ilegional Coastal Commission, such a joint effort that a roeaningf'ul plan can be formed that will allow successful implementation in the future. ress at least the following: This plan would be developed in conformance wit In our opinion, it is only through This plan milid add- 1. The cumulative effect of 811 development on the North Shose of the Agua Hedl,onda Lagoon both In the long and short term aspects. 2. Traffic circulation related to development of the Kmth Shore, 3. The visucl and aesthetic effect of development on the North 4. Public access. 5. Assured meintenanee of public accesses and open space meas. 6. Share (both fPom the lagoon and surrounding areas). The effect of urban runoff into the lagoon. e 7 *. ..- * L Apa Xedjsnda Lagoon November lg9 1975 Specific Plan Page -2- 7. Environmental effects of development. 8. Any other aspects as maybe deemed needed. This plan would also respect the -propxed San Mego County Park plans for the Southeastern side of the lagoon. Sfnce the success of this plan requires 8 legislative commitment to this proeess by the City and the Sa Mego Regional Coastal Comissior our participation wouS.8 be contingent upon the ~SSUT~CE! of‘ mutual co-operation between affected angencies. to develop a plan wttherut this co-operation and imp%. The developnent of this plan would ultimately benefit not only the City sf CwSsbad and the affected property owners, but the citlzens of Carlsbsd and the surrounding mea 86 a &ole. The direct benefits of the poperty with peripheral benefits of increased tourism, access to recreatiocal facilities of the Lagoon by the citizens of Carlsbad, improved traffic circulation within the area, a co-srdina%ed aesthetit effort for the Plnrproved visual. presentation sf development as seen f’rom both the Lagom and surrounding meas and eo-operative control of the environmental effects of the develspmen.t. that this work could be accomplished between Januap~r 1, 1976 md June 30, 1976. As a qmkesmn for this grotp, 1 wish to thank you for your consid- eration in this matter. Please feel fPee to contact me so that 1 might have the opportunity to answer any questions you rcay have or so that I may call upsn the group or their plam1n.g staff for any assistance that you may deem necessary at the onset. It would be useless for us to the City tnuld be 8 substantid. inCrea6e fa the €iS!3eS6ed VdUatiOn We would anticipate ,#%- ,“,-- Very truly yours, ‘*.e* JLR/TilW cc: Paul Busaey ec: Don Agate;, city Manag”s Planning Director * .. -1 REVISIONS _J 0/13/76 ~ 8/18/76 .’ . .. *. , , i ‘. . .. .. * f, .. I. . . . t I \.I' , t TABLE OF CONTENTS . TITLE PAGE INTRODUCTION 1 BACKGROUND 1 LAND USE 7 OPEN SPACE AND CONSERVATION 11 CONSTRUCTION 21 CIRCULATION 22 PHASING OF PUBLIC IMPROVEMENTS AND FACILITIES 26 EXHIBIT A - AGUA HEDIONDA SPECIFIC PLAN LAND USE EXHIBIT B - SCENIC ROUTE MAP EXHIBIT C - STREET NETWORK MAP EXHIBIT D - BIKE ROUTE PLAN EXHIBIT E - PEDESTRIAN ACCESS PLAN . EXHIBIT F - WILDLIFE PRESERVE --- PROTECTED AREA EXHIBIT F(l) - WILDLIFE PRESERVE --- PROTECTED AREA . LOCATION MAP EXHIBIT G - PROXIMITY TO EXISTING DEVELOPMENT . EXHIBIT H - AVAILABILITY OF SERVICES I' EXHIBIT I - ENVIRONMENTAL SU'I'TABILITY MAP t - EXHIBIT 3 - PHASING PLAN EXHIBIT K - VISTA POINTS EXHIBIT L - SPECIFIC PLAN (TEXT) EXHIBIT M - CONCEPTUAL PLAN FOR COMBINED PEDESTRIAN AND *. *, 6, <e . BICYCLE. TRAIL + .. EXHIBIT N - CONCEPTUAL PLAN FOR LATERAL ACCESSWAY *' EXHIBIT 0 - VIEW PRESERVATION CONCEPT .- ,i 5 i AGUA HEDIONDA SPECIFIC PLAN . , INTRODUCTION The Specific Pian for the Agua Hedionda, developed as a joint effc among the property owners, the California State Coastal Commissior Staff, and the Planning Department of the City of Carlsbad, is de2 to attain several objectives. The short range objectives are simi stated: to create a plan for the development of the Lagoon and il surrounding area that will meet the critical test of public scrut- and hearings leading to its adoption by the Carlsbad City Council: and to be measured for compatibility with the California Coastal I prior to certification by the State Coastal Commission for local mentation. The long range objectives are to preserve and enhance the natural man-made aspects of the laqoon's environment, and to ensure their mutual compatibility. BACKGROUND - The Carlsbad General Plan: The Carlsbad General Plan provides th broad guidelines and goals envisioned for the Carlsbad of tomorroi By its definition and title, however, the land uses and policies lined are general in nature, and implementation requires further planning and refinement. In the case of the property surrounding and affecting the Aqua Hedionda Lagoon (an asset of more than loc interest), particular attention must be given to the environmenta and recreational goals of the General Plan. The goals of the Carlsbad General Plan, as spelled out in its lan element, are here restated with attendant comments on how these g are.ref1ected in portions .of the Specific Plan for Agua Hedionda: "A. Provide for an orderly balance of both public and privat land uses within convenient and compatible locations thr out the City and to ensure that all such uses --- their amount, design and arrangement --- serve to protect and hance the environmenk and the character and image of the community as a desirable beach and open space oriented u area. I' The Environmental Impact Report, prepared as one of the initial p of the Specific Plan, has provided the background methods of enha "the environment, character and image of the community.'' The Spc Plan specifies open spaces and proposes methods of maintenance; a Design Review Board and measurable standards for development are recommended; and additional public uses.are provided for together regulations that ensure their compatibility with surrounding uses IIB. Encourage development only in those areas which can best .. support a change in land use without adverse impact." -1- f f' ( One of the primary elements in this Specific Plan is a program foi preservation of the biologically sensitive areas which should be 1 tected. The geology, with parti'cular attention to soil types and . has been very carefully considered in recommending the various tyl land uses. Design standards that preserve aesthetic resources, ii ding views, have been promulgated. A program for phasing public improvements is suggested to deter premature development that cou because of an inadequacy of public services, be unnecessarily dis tive. Each of these programs is designed to prevent "adverse impacts". ~ "C. Preserve and maintain the visual and physical character ( all quality residential, commercial and industrial areas throughout. the community and promote the upgradinq and i provement of older or detriorated areas so as to insure adequate levels of health and safety and strengthen the local economic environment and visual quality of the-corn muni ty . I' The standards to guide future residential development are certain "Quality" oriented, and to encourage the upgrading of some of the - existing areas. The use of view corridors and scenic highway sta dards on portions of the road system will do much to enhance the "visual quality of the community." The industrial aspect of the 3s not limited to the power plant installation and its appurtenan uses on the westerly portion, but includes proposals for the cont ation of agriculture and an expansion of aquaculture, two industr which will be vitally important to the future of the City and the region. It is recognized that the commercial uses within the pli: area can be considerably upgraded, and provision for this is mad.e the proposed land uses and their regulations. .'ID. Develop land use .policies which will identify, protect a conserve natural resources, fragile ecological areas, un natural assets and historically significant features." The Environmental Impact Report addressed each of these aspects i considerable detail. The Specific Plan reflects alternatives and mitigations suggested in the E.1.R. Some of the positive recomnie tions within the plan include greater public access and'use of th lagoon, the acquisition and preservation of the prime ecological ._ and the protection for future exploration of the several identifi archaeoloqical sites. The General Plan also contains the following policies relevant tc Specific Plan: "A. Permit the development of land .only after adequate provi for services such-as transportation, water, sewerage, ul ties and public facilities. B. Arrange land uses so that.they preserve community ident- and are orderly, functionally efficient, healthful, con\ -ient to the public and aesthetically pleasing. -- . I+ -2- -. . I ). c a Ce' Discourage Strip commercial development. D. Locate major commercial and industrial centers which are easily accessible to major transportation facil-ities. E. Consider those zone requests for local commercial land u within the areas designated for residential use, only up approval of a site development plan .... F. Develop programs which would correlate,rate of growth wi service capabilities of the City. G. Consider proposals for medium-rise structures.,.only up0 the determination of the following. 1. The public will receive substantial benefit from suc an action, i.e., increased open space, floodplain pr servation, slope protection, etc., . 2. There will be no substantial detrimental impact on t adjoining properties, and ' 3. The approval of a site development plan. H. Specific Plans should be utilized to implement the inter this element in regard to Urban Land Reserves, Non-Resid Reserves and Special Treatment Areas. 'I The Specific Plan for the Agua Hedionda Lagoon area is consistent each of the above cited policies. The California Coastal Plan: "The people of the State of Califdr hereby fifid and declare that the California coastal zone is a des and valuable natural resource belonging to all, the people and exi as a delicately balanced ecosystem; that the permanent protectior the reamining natural and scenic resources of the coastal zone is paramount concern to present-and future residents of the state an nation; that in order to promote the public safety, health, and h and to protect public and private property, wildlife, marine fist and the natural environment, it is necessary to preserve the eco- balance of the coastal zone ind prevent its further deterioratiol it is the policy of the state to preserve, protect, and where PO: to restore the resources of the coastal zone for the enjoyment 01 current and succeeding generations." The above excerpt from the, California Coastal Zone Conservation I adopted as an Initiative measure by the people of California in - summarizes the philosophy that guided the preparation of the Coa: Plan. The following objectives taken from the Coastal Plan, haw served as guidelines in the preparation.'of the Specific Plan: The maintenance, restoration, and enhancement of the ovt quality of the coastal zone environment, including, but limited to, its amenities and aesthetic values. - - "A. 9 \ c . b c B. The continued existence of optimum populations of all sp of living organisms. C. The orderly, balanced utilization and preservation, cons tent with sound conservation principles, of all living a non-living coastal zone resources. D. The avoidance of irreversible and irretrievable commitme of coastal zone resources. I' . .The most qpplicable policies and goals of the California Coastal .relating to the Agua Hedionda Lagoon can be placed in seven major categories. The Coastal Commission staff has prepared the follow summary of these categories (edited as applicable to this Specifi Plan) : 5 Marine Environment: The basic policy of the California Coast Plan regarding the marine environment states that "all levels government shall seek to maintain, enhance and where necessar restore marine resources". Coastal Plan policies require tha "all remaining coastal estuaries and wetlands and buffer area necessary to protect their water areas, vegetation, waterfowl fish and wildlife values shall be preserved, and where possit restored". Any alteration of Coastal estuaries and wetlands, espedially dredging and filling of these remaining resources, unless a part of a restoration or enhancement program, are gc erally prohibited and, where permitted, must be consistent wi stringent Coastal Plan policies. Of particular concern for F Hedionda is the marsh areas in the eastern portion of the lagoon .... Agricultural Land: A fundamental aim of the Coastal Plan is . protection of agriculture and its economic viability. Coasta agriculture contributes substantially to State and national f supply and is a vital part of the State's economy. Coastal F policy states that "prime agricultural lands and all lands nc being used or appropriate for producing coastal-related crops shall be maintained in agricultural use, except as provided.. Any proposed conversion of agricultural lands will be subjec- the criteria set forth in the Coastal Plan which are highly restrictive. the Plan also calls for the taxation of agricu' lands commensurate with agricultural uses. Recreation: The Coastal Plan places priority on the developr . and maintenance of pub1 ic recreational and commercial recrea uses along the shoreline that are compatible with resource pi tection. It is the policy of the Coastal Plan that recreatic - uses along the shoreline (e.g.; public parks and access, boa. facilities, and commercial/recreational development) shall bt . given priority over other potential-'uses. The amount of shol line available for de:relopnient is limited and the goal of thr Coastal Plan is to encouraqe public use of these areas to thc greatest extent possible. -4- , $7 t< Public Access: A basic tenet of the Coastal Plan is to ensur maximum amounts of shoreline area for public use and enjoymen consistent with sound conseryation and resource protection pr ciples. Coastal Plan policy states that "access to the coast persons of all income levels, all ages, and all social groups shall be the goal, consistent with the need to protect coasta areas from destructive overuse and to protect both public rig and the rights of property owners". Provisions for well desi accessways to and along the lagoon (and management of the acc ways) is a key element of the Specific Plan. Traniportation: The Coastal Plan fa"nds that the private auto bile remains the principal means of transportation in the coa zone and that vehicular access should be carefully considered The basic thrust of the Coastal Plan regarding land transport is that development controls should be the principal means of relating land use, access and coastal resource protection dec policies to transportation capacity. Public transit (buses, shuttle service) to and around the lagoon area should be care considered to alleviate traffic congestion, parking demands, for new roads, and excessive energy consumption. The Coastal also calls for enhancement of scenic routes. Appearance and Design: The Coastal Plan states as a policy t the visual qualities of the California coast shall be conside a resource of public importance and that protection and restc tion of the "coastal viewshed" shall be ensured throuqh prope design. The Agua Hedionda Lagoon area is included within the "coastal viewshed" as defined in the Coastal Plan, Emphasis placed on respecting the physical characteristics of the lag( area, and retaining the feeling of openness. As a result, wj development is proposed, appearance and design is a key elemc To this end, the Coastal Plan calls for the establishment of .design review.procedures and standards in compliance with COE Plan Policies. Orderly and Balanced Development: The protection of natural resources, retention of the coastal viewshed, provisions for access, and maximization of public recreational use are impor issues. Because of these issues, phasing of developments prc in the Agua Hedionda Specific Plan is important in assuring orderly and balanced development. To this end, a specific pr for implementation and phasing of development, including cap- improvements, is necessary to ensure maximum public access ai f. .. of the lagoon area. The Agua Hedionda Specific Plan: Aqua Hedionda Laqoon consists approximately 230 acres of open water and 200 acres of salt mars mudflats and saltflats. Preparation of the Specific Plan was ba 0n.a study area of about 1000 acres, which included the lagoon a mcst of its viewshed; the Speci.fc Plan planning area itself comp a somewhat smaller area (approximately 700 acres), but does incl all parcels which would have a direct impact on the lagoon and i attendant wildlife habitat. The larger study area was determine that such factors as traffic circulation and existing trends in . dent*ial development could be more fully considered. -5- \ .a L T' Existing land uses within the viewshed include a variety of resid( tial densities, commercial and semi-public recreational uses, and vacant land on the north shore of the lagoon; agriculture on the t along the south shore east of Freeway 1-5; and the San Diego Gas i Electric Company Encina power plant along the south shore west of Freeway. The lagoon itself is used for boating, water skiing, fi! and aquaculture, and provides a habitat for an extensive fish and population. Each of these aspects is covered by specific policie! within the Coastal Plan. -The Environmental Impact Report has served to highlight the severi effects on both the environment and these policies. In assemblin! -and reviewing the basic data for the E.I.R. several factors becamc immediately apparent which have been given full consideration in preparation of the Specific Plan. These are: e *L 1. The water areas offer recreational opportunities for a fa greater number and variety of users than are now taking advantage of them. 2. The wetland areas, with better definition and greater pro tion, can provide the habitat and resting area for a grea expanding population of wildlife, and can be a most import element in1 the strategy to reverse the trend of destructi bf' endangered species. should be enhanced for the experience of all the resident and visitors to the area. 4. The study area provides a microcosm in which a great many the concerns about coastal-oriented agriculture can be an This Specific Plan has been designed with the underlying assumpti that the Lagoon's natural and scenic values should be recognized all future developments and modifications of existing uses, and t all uses of the lagoon and its environs shall complement the natu setting. The policies and standards contained in the following p are meant to assure that these goals will be attained. 3. There are viewing areas surrounding this lagoon that can ' : r - . -\ .. 'I' <' ... .r .. -* -6- -I ' LAND USE A. OBJECTIVE: To provide for an or-derly balance of private and pub1 land uses in a manner which preserves and enhances the ecological visual, recreational, social and economic qua.lity of the Agua Hed Lagoon Study area. B. Potrcm: 1. Land Use Map: The recommendations for classification of land . categories for the Specific Plan Area are indicated on Exhibi entitled "Agua Hedionda Specific Plan Land Use Map". The patterns of existing develoDment, the policies that grew of the innumerable studies resulting in,the final version of Coastal Plan, the aims and desires of those participating in preparation of the Band Use Element of the Carlsbad General P were all considered as background in evolvina the recommendat for use as indicated in this Specific Plan. The 'land use des nations, however, must be considered in conjunction with othe sections of this plan: certain parcels, because of unique en ronmental or ecological considerations, will be limited for d lopment in some ways that are not apnlicable to other parcels having the same use designation. For the most part, these li tations, requiring a greater degree of creativity on the part of the landplanner or designer working on a project, can be a asset rather than a liability to the owner, since their purpo to enhance certain desirable features of the land. This enha ment can mean increased value to the development. In instanc where there is a clear and measurable loss of value to the ob and a definite gain in value to the public, some form of corn1 sation should be considered. In preparing the plan, every at was.made to minimize the need for public acquisition of prop€ .and limited easement yights, but such acquisition in some cas will be necessary if the principles of equity are to be presf In reviewing the various land uses indicated on the map, it i apparent that the basic intent of the General Plan in distrit intensities of: use has been closely observed: the northerly view-shed is proposed for a continuation of residential devel ment, with sl'ightly expanded commercial and public uses; the erly portion, in compliance with the Flood Plain regulations principles of conservation in the General Plan, calls for thc servation of the most valuable weEland areas and retention 0' . spaces; the southerly shore and viewshed is additional open : reserved for transmission corridors, agriculture, and recrea The portion west of Freeway 1-5 is for Public Utility purposc some additional residential and recreational uses proposed. The various densities of residentiai uses indicated on the MI will be modified in actual.practice by several other considei other than ju:;t the number of livinq units permissible under provisions of the applicable zone. Reservations of public ac easements, preservation of certain defined view-corridors, ai limitations om grading are all factors that will tend to redl the'potential yield of living units per acre. . 9 -\ 2. Design Criteria: - 5 a. Building Design: The purpose of design guidelines is to . assure that all development within the Agua Hedionda Spec Plan area be compatible and promote a positive community image. Scime uniformity of detail, scale, proportion, tex materials, color and buildinq form is essential to cohesi development of the Specific Plan area. These guidelines relatively general, however, in order to accomodate varia creative approaches and encourage diversity of interpreta The desire is to avoid visual chaos and-incongruity while promoting variety ih design solutions. It is recognized original designs may present an exception to these guide1 . and therefore, it is encouraged that unique or original s tions sympathetic to the above stated purpose be submitte for review. The following guidelines for building design proposed : (1) Structures shall conform to and complement the gener design and bulk of buildings and land forms in adjac area:;. (2) Visually strong buildings which contrast severely wi their surroundings impair the cohesive character of ... area, Therefore, extreme contrasts in color, shape, and organization or architectural elements shall be avoided so that new structures do not stand out in e cess of their importance. * (3) In selecting building materials, the efficient use ( natural materials and natural resources should be c( dered. Large areas of color should be muted, natuu't neutral or light colors, Small surfaces, trim and details may be accented with high contrasts and bri( col oirs. (4) Chai'n link fencing used in areas openly expo'sed to I public shall be black vinyl clad combined with deta- that match the building design such as wood posts at rails, masonry pilasters, etc. b. Building Height: In order to insure a compatibje and'cor tent scale of building and to assist in the preservation - height restrictions are established. A variety of build' -heights is encouraged. Large buildings or complexes of buildings with a single building height are discouraged, a maximum height limit of 35 feet, except as provided fo in the Design Review Ordinance,is established. c. Lot Covers: Permissable lot'koberaqe shall be as requ in the underlying zones, provided, however, that commerc uses shall be limited to 80% coverage. 1 *' - views in the Specific Plan area, the following building , .- . . - 8- t ' d. Building Setbacks: Setbacks within the Specific Plan arei shall be as established for the underlying zoning in Titlf . of the City of Carlsbad Municipal Code with additional cor tions as provided in the Design Review Ordinance. e. Parkipg: Due to the recreational opportunities afforded t the Agua Hedionda Lagoon, and the pleasant scenic routes 4. around the lagoon, it is essential to provide adequate of; street parking for proposed developments. The intent of this section is to ensure that adequateasoff-street parkin! .. will be provided for. all developments by the establishmen' of the following criteria and regulations in-addition to * requirements .for the underlying zone: .- - (1) Boat launch ramp facilities to be used by the public shall be requilred to provide paved combination vehicle/boat-trailej- par ing Spaces at a ratio Of 25 spaces for every launching ramp. (2) -- Residential Use Off-street Parking Requirements: On - two, and multi-family residential units shall have a parking space requirement based on the following: Studio and one bedroom - 1.50 spaces/unit Two bedroom and larger - 2.00 spaces/unit 14s tandem parking shall be counted as satisfying par requirements. (3) Landscaping of Parkinq Areas: Landscaping of parkin areas shall be required in accordance with the crit-e and regulations established in the "Landscaping" sec of the design review regulations established herein. lighting. Light quality must be geared to the distinctiv character of the Agua Hedionda Specific Plan area as well the specific use proposed for a particular parcel. Withc design controls lighting can severely detract from the er ronment due to such things as unattractive light (r standarc excessive lumination and glare. When designing lighting systems, it must be remembered tt today the nation is undeniably experiencing a shortage of --energy. \de cannot arbitrarily continue increasing light- levels or apply our present levels indiscriminantly, nor we disreg(3t-d current quality and safety standards based ( years of iresearch. g. SIgns: 'In .many areas past expe.rience has- indicated that signs are contt-oll2d they will tend to compete with each and with the historical character of the area, Without I sonably applied criteria, signs can detract and dominate setting b:y virtue of their height, shape, size, number, ljghting land movement. 1 -3- -. f. Lighting: An often neglected issue in design review is - i \ , h. View Corridor Purpose and Intent: The intent: of the view corridor regulations is to ensure adequate open space, frc of visual obstructions, .for enjoyment of the scenic qualil of the lagoon by the public. View preservation concepts ( be seen in Exhibit 0. i. Landsca ing: The landscape desiqn is critical in establi: dfer of the Agua Hedionda Specific Plan area. TI design should be compatible with and may enhance the site topography. The desiqn should complement the architecturt the site and be compatible with the architectural and lanc icape characteristics of existing neighborhood archi tectui and landscaping. ** C. IMPLEPiENTATION: 1. In order to assure that the land use and design resulations c tained in this section are equitably applied and enforcedz th City shall adopt, within 60 days of final Specific Plan apDro an Agua Hcdionda Design Manual and Design Review Ordinance. standards shall apply to: a. All residential lots within the Specific Plan Planning Ar b. All lots designated for commercial use. c. All lots abutting a designated scenic route (See Exhibit d. Any lots that could be added to the Planning Area by futu The adoption of the land use map constitutes an amendment ti' General Plan and will require subsequent amendments to the Zo .Ordinance in order to bring all underlying zones into consist with the General Plan 'land use designations as shown on the S fic Plan. The Planninq Commission shall initiate the proceedings to acc plish such changes upon the formal adoption of this Specific 3. Special Vista Points to be preserved are shown on Exhibit K. action. 2. by the City Council. * : t Additional criteria for view preservation shall be establishe throuqh the design review process. . -\ .# T4 .. .I -i < . -10- U'PEN SPACE AND CONSERVATION A. OBJECTIVE: The Agua Hedionda Specific Plan shall coordinate open space uses and conservation techniques for mutual ent3ncement and development and expansion of recreational land, conservation and serva-tion of natural and man-made amenities, and prevention or re lation of development in areas of scenic, historic, and ecologica ' . utility of the environment. Policies shall be directed toward * value or public health and safety hazards. B. POLICIES: 0 I. Floodplain: a. Alteration of waterways that would cause significant adve impacts on .the environment shall be.prohibited. b. Industrial waste, agricultural runoff, domestic discharge and all other forms of water pollution shall be controlle the sanitation sewer system, the storm drain system, and other methods of control as defined in State, Federal, Ci and County laws. c. All development or uses within the floodplain overlay zon shall adhere to the provisions of the existing floodplain zdning ordinance. 2. Sensitive Wildlife - Habitats: 6 a. No use shall occur within the boundaries of the "Wildlife Preserve --- Protected Area" (Exhibit F) for a three year period. During this time the several methods of acquisit shall be thoroughly explored by the City of Carlsbad, the -State Department of Fish and Game, the California Coastal Zone Conservation Commission, and any other appropriate ' agency, Some methods to be considered are: ~ ('I) Acquisi.tion through purchase by the State of Califor (2) Acquisition through 'dedication of a gift by the land owner. i, (3) Acqui,sition through dedication as a trade-off of cer development rights to be transferred to other proper held by the same owner. (4) Acquisition through piecemeal dedications in complia with the City's Park Dedication Ordinance. (5) Acquisition by some semi-public agency such as Natur Conservancy. it (6) Should density transfer be the means of acquiring th "Wildlife Preserve --- Protected Area", the General densities in effect prior to this plan shall be used . - compuiting the transfer of development rights. ., ---- .* *( .. . .. ** .. . -11- .- . L b, When acquisitions dre 'accomplished an appropriate means of prohibiting uncontrolled human and domestic animal incursi shall be developed. 1 c. If acquisitions do not occur with the stipulated time . -period, land use limitations on the underlying zone, incli ding the floodplain overlay zone and ail applicable coast; plan policies, shall apply. A buoy system shall be constructed at the east end of the inner lagr to restrict power boat use within close proximity of the "Wildlife serve --- f'rotected Area". Upon adoption of the Specific Plan, The City Council shall request County Assessor to reassess the property, basing such reassessment 1 the fact that the property thus defined is unavailable for use by t owner. As part of the overall planning process for the agua Hedionda Specific Plan and because of the existence of agricultural parcels within the planning area an agricul tll"ra1 analysis was undertaken so as to better understand and direct policy decisiolns concerning agriculture. To make a complete assessment of agriculture within the planning area the City s relied on various experts in the field. a. The agriculltural lands south of the Lagoon within the Spe Plan area are part of a larger agricultural complex. Thi area shall be retained in its present open space use allo the Agua tledionda Lagoon to serve as a natural buffer bet urban and agricultural areas. These agricultural lands ~[i be converted to non-agricul tural use only where (1) Conversion is required for public service, energy tu mission or transportation facilities, as necessary 1 meet regional needs; (2) The conversion of agricultural lands within the conin . park is necessary to meet City wide recreational net and avoid excessive qrading. (3) The proposed facility or activity is necessary and ' consistent with 'other Specific Plan policies; (4) Such facilities or activities are sited and designel minimize adverse impact on the existing agricultura res o 11 r c e ; hearings and approval by the City Council. b.. The Pannonia property north of the Lagoon, although phys capable (soils climate, etc.) of Supporting agriculture, tinued use is not economically 'feasible. ' : annonia has b virtually an agricultural "island". It is surrounded by urban arela and separated from other agricultural lands w the subregion. In addition to the limiting factors of h property tax rates, uneconomic size, poor access, high w .rates, anld its high potential for theft and vandalism, t use of Pannonia for other than agriculture will have a n gible efflect on the agricultural economy of the region'a . -. d. * e. .A 3. Agriculture: . -. (5) Any proposed conversion shall be subject to public . -< .- . t 1 subregion (refer to aqricuttural analysis contained in thr EIR). For these reasons, the Pannonia property shall be . allowed to convert to non-agricultural uses as outlined ii the Land Use Section of this Specific Plan. 4. Aquaculture: Since the aquaculture industry is in an experimc phase of development it is difficult to assess its potential relation to the Agua Hedionda Lagoon at this time. Additiona study and research is required before use determinations can I made. At this point, the City shall remain_responsive to futi developments concerning gquaculture as they relate to the lag( 5. Community Park: As is pointed out in the Parks and Recreatioi Element of the City of Carfsbad's General Plan, the Community site is recognized as the "Hub" of the recreation system for . City. Its centralized location and the <existence of extensivc utility easements and canyons leading to it make it possible connect it through a system of trails with every other park ii the City. As the main community park, it is proposed that it developed with a wide variety of uses unavailable in the othe City parks. Some of these uses, as proposed in the General P include; the Parks and Recreation Department Headquarters bui ding, a community center, a theatre arts building, baseball f tennis courts, and the usual assortment of playfields and equ ment generally' available in highly utilized public parks. In sidering the location of this main activity center on the pre 'leased land, careful attention will have to be given to a con derable physical separation from the wildlife preserve area. accomodate the range of intense activities and their attendan parking, it is estimated that a reasonably level site of appr mately twenty plus acres is required. The other consideratib is access; if this extension of Cannon Road is constructed a1 its presently proposed aliqnment, the south or southeasterly tion of the park site would be the most accessible. With the factors in mind, it becomes apparent that-the activity center should probably be in the south or southeasterly portion of t property. Unfortunately, the southeasterly site would requir extensive grading and the south site would require the conver of existing agricultural land'to accomodate an area for the p facilities. a. The City shall explore the feasibility of either converti agricultural land or re-negotiating the existing park bou daries so as to ensure the development of the community p This renegotiation should include the possibility of relo ting the main activity center south of Cannon Road. b. That portion of the "Wi'ldlife Preserve --- Protected Area within the park boundaries shall be protected as outlined this Specific Plan: Grading operations will be minimized to the greatest exte possible; this may require that terraces of differing ele tions be provided for separate activities. . 1- 'r -. *, .< c. .. -1 3- - 6.' Recreation: 'I a.. The pedestrian-bicycle access ways shall be developed as stated in the Circulation element of this Specific Plan to the standards pro- vided for in the Design Review Ordinance. b. The Cit.y shall, within sixty (60) days, negotiate a long lease for the use of the water surface of the lagoon with San Diego Gas and Electric. c. The inner lagoon shall remain as multi--use, the center fo swimming and non-power boating and the outer for fishing. d. If the boating use of the, lagoon reaches such a high use l to present a safety hazard the City shall have the power . impose a maximum carrying capacity, further reducing speec and limiting horse-power of boats. *1 e. The City shall prohibit the construction of private dockii facilities to be used for recreational purposes. f. Boat launching facilities shall be permitted as outlined . under Implementation of this section. .. - - - -. - - - ._ g. A71 proposals for residential development involving zu or dwelling units shall be reviewed for possible inclusion o private recreation facilities; all such developments on p of 20 acres or more shall be reviewed for the possible in sion of a public park within said boundaries. 7. Archaeology: Through the EIR process, fifteen archaeo1ogica.l sites have been identified within the Specific Plan area. . Archaeological sites are rare, limited, and invaluable non- renewable resources. The value lies in the understanding of cultural heritage of America, the quest for scientific fact t Indian sites, once destroyed, will not and cannot be replaced They are forever gone and with them is gone a portion of our cultural heritage. It is therefore necessary to establish cr teria for the scientific disposition of archaeological sites. The archaeological sites within the Specific Plan area shall be preserved or excavated adhering to the fo'llowing.criteria: a. Methods of Preservation: . -(l) Placing five feet of fill over the sites and using t as open space. (2) Placing the sites in open space easements. (3) Designing the.project so that, sites will remain gree areas and access wpuld be limited. I. (4) Placing a chain link fence around the sites to prote them frQm the curious. .- I -14- -i b. Methods of Excavation Per Site: . . (1) Site UCLJ-M-15 is a site of MAJOR scientific import i therefore the following courses of action are suggesl (a) Perform a systematic posthole series on the sit( , . to determine the exact vertical and horizontal extent of the site. Conduct a five percent test e%cavation manually the site imploying a research design which will new and valid scientific information to be gene. - as a result of the work. The units should be s ted at random. Conduct C14 tests on the s'ite during excavation (one sample from W-132A and AH 4 have been sub- mitted to UC Riverside). (d) Conduct palynological studies. (6) (c) * (e) Prepare an analysis for the scientific community If the information from the site is found to be so extensive or so important and quantitative that a fi percent test will not mitigate the impact, then a co plete fifteen percent salvage excavation --- or grea --.. will be recommended. If, on the other hand, the site is found to be yielding repetitive information, no additional excavation would be needed and the si,t would be permitted to develop in accordance with the land use section of the Specific Plan. Site Agua Hedionda Number 4 is considered to be of Moderate scientific import and therefore the followi course of action shall be taken: (a) Prepare a radial posthole series to determine t * site's subsurface boundaries and map and collec all surface artifactual material. All archaeol cal work should be photo-documented. (b) A minor investigation of one-half of one percep -\ the subject archaeological site should be scier cally excavated prior to development to deterni' the scientific-value of the site. (c) If the one-half percent test excavation shows 1 to shal7Jw and/or disrupted midden, then no fir excavation would be required. If the site is 1 to contain concentrated archaeological deposit: then a five to fifteen percent subsurface exca\ may be needed. e *. (2) -. -. subject archaeologica.1 resources are limited -1 5- - ., 0, *. ,, -- \ ' (3) Sites AH5 and SDi 209 have been severely impacted by construction of Park Avenue and are therefore conside to be of Minor scientific importance. The recordatio of these sites is considered sufficient. an archaeological survey conducted.for Rancho Agua Hedionda. Sites SDM-W-132 and SDM-W-132A have been severely dis turbed by agricultural enterprises. These sites are considered to be of MINOR significance. Reports by I ' Bull, and Ezell (1973)d an excavation by Ezell in 1967 indicate that these sites 'have been mitigated. Prior to the removal of site SDM-W-732, one-strQtific pollen sample and a stratified C14 sample should be collected and the appropriate data derived from them. SDM-W-1328 will be considered mitigated when a reporl is prepared for the public record by Dr. Paul H. Ezel (5) Sites SDM-hr-130 and SDM-W-131 have not been studied t (4) Sites RAH'I, RAH IT, and RAH I11 have been mitigated (5) . . an associate under his direction site significance, therefore, criteria (2) should be fol 1 owed. (7) Sites SDM-M-121, SDM-W-126, SDM-W-127 and SDM-W-127a should be studied for site significance. Once a deti mination is made, appropriate excavation criteria as (8) The value of these sites lies in the recovery of the scientific information contained within them. (a) Reports: For all archaeological investigations report for the public record containing the res of the investigation should be, prepared and sub mitted to the appropriate agency. (b) Disposition of Artifacts and Fieldnotes: All a facts and appropriate fieldnotes resulting from. institution or displayed in an appropriate area (c) Qualified Archaeologist: All archaeological wo should be conducted by- an archaeologist qualifi by the C:'ty of Carlsbad, the County of San Dieg * and/or the governing board of the Society for C forni a Archaeol ogy. , outlined in this section shall be followed. t. \ . mitigating measures should be deposited with a 4 'the subject property. '. -1 6- I 5 % 8. Lagoon Ecosystem: recreational fishing, academic research and aesthetics cannot be over-emphasized. for several species of fish, contributes to the productivity of near-shore ocean resources, serves as a natural scientific laboratory and provides habitat for several declining species. Since its re- inception in 1954, the lagoon has become a fully-integrated, function- ing ecosystem. In order to maintain this resource, the following policies should be adhered to: a. No actions shall be allowed which will result in an adverse environmental impact on the lagoon system. All appropriate steps will be taken to maintain or improve lagoonal water quality. c. Maintenance of a large tidal prism and, therefore, rapid flush- ing of the lagoon is necessary for the continued vitality of * . the ecosystem. Dredging in the inner lagoon will eventually be necessary to retain the optimal flushing action. Such action will have short-term impacts on biological resources immediately adjacent to the dredged area, but will have a long-term positive effect on the lagoonal ecosystem as a whole. The shores of the lagoon should be altered only in that such : alteration would result in an overall improvement in the biological quality of the lagoon. The continued use of the lagoon as a natural, biological lab- oratory should be continued. The biological value of Agua Hedionda Lagoon for The lagoon provides breeding and feeding resources .,, b. d. e. Ce IMPLEMENTATION: In order to accomplish some of the objectives at . policies of this sec'tion, the folfoiij'ing programs shall be implemc _I .. I' I) .. ** .. .I-. '- ._-_ -. I > 1, Water Quality: Because of adequate tidal flushing and minima amounts of chemicals entering the lagoon, the water quality o Agua Hedionda is very good and well within the standards set by the Regional Water Quality Control Baord. To insure prese I water quality conditions for the future, the City shall condu water quality sampling each year during April. If for any re the water quality of the lagoon begins to deteriorate appreci the City shall seek the source and correct the problem. L 2. Maintenance Dredging: a a. Outer Lagoon: The San Diego Gas and Electric Company sha be responsible for maintenance dredging and shall follow maintenance procedures bs it has done in the past. While these two lagoons were f the most part created by the San Diego Gas and Electric C pany as a water reserve for their cooling operations and provide a sufficient tidal prism to maintain an adequate . flusing action, there is no operational necessity from th Utility Company's standpoint to dredqe these lagoons. Fr the standpoint of continued recreational use by the publi however, such dredging will eventually be required. San Gas and Electric Company has no apparent moral or legal o gation in this reqard, nor does the efficiency of their g ating operation depend upon it. It would therefore seem the interests of equity would demand that those who will fit from the dredginq should be required to pay for it. question of just who are the prime beneficiaries, and how luabte are the secondary bene.fits, will have to be decide a policy matter. From analysis to date, it appears that some dredging will to be done within the next five years, but that subsequen dredgl'ng may not be necessary for another twenty-five yea The relative infrequency of the necessity to dredge is th one factor that makes a1 ternative approaches feasible; ea dredging operation will be unavoidably expensive, so the should be spread over. a number of years., I If it were poss to use the dredge used by the Utility Company in maintair the outer lagoon, the costs would be somewhat less, but t is no way, without dismantling, that this machine can be. Prom one lagoon to another. The costs of dismantling, mc --and reassembling would nullify any potential savings. It appears that there are legal requirements that any sand Y from these lagoons must be placed on the ocean-front beac which will tend to complicate the removal process and make . even more costly. This requirement will in all likelihoc .. enforced by the United States Army Corps of Engineers, wb has recently gaincd Permit Authority withir'these lagoons 6. Middle and Inner Lagoons: .. -n -\ ' In summary, the continued value of the two inner lagoons i recreation purposes is dependent upon infrequent but cost' maintenance dredginq, the cost of which should be borne bj those who receive the benefit. A program should therefort developed to assure the payment for and execution of this dredginq. Several alternatives could be considered: (1) A Maintenance District, coterminus with the study bot daries of this plan, could be formed under the provir of the Government Code. This would provide for the z assessment of the individual parcels at a rate suffic to defray the actual costs of dredging. This proposi has one very apparent shortcoming: all parcels so a: would not be receiving equal benefits, and some ownei might reasonably claim that they were receiving no mc benefit than are other properties in the City. (2) The City itself could assume the responsibility, and possibly enter into a Joint-powers agreement with tht County to help spread the costs. (3) The City could establish user fees for boat launchin to start building up a Yaintenance Fund. This 1 approach would have the advantacre of underwriting th costs from funds derived from those people who are ri ving the most direct benefit. Since these fees wouli necessarily be quite modest, it is doubtful that enol revenues could be generated by the time the first drr operation is needed, but averaging out the costs of operations overa thirty year period could make this l feasible alternative. For the first operation, the 1 of Carlsbad might advance the necessary money, to be repaid as the Fund generates a cash return over the : . (4) To su.pplement.either of the above alternatives, ever: State and Federal Agency claiming an interest in or authority over the lagoon waters should be approacher for financial participation in these operations. Thl two mos% readily apparent agencies are the State Depl ment of Fish and Game, and the Army Corps of Enginee also be pursued through the Department of Housing an Urban Development and the Bureau of Outdoor Recreati 3.. Pedesfrian/Bicycle Accessory Maintenance: The maintena'nce of these rights-of-way, acquired or to be acquired through vario dedjcation agreements, is historically the responsibility of public agency requiring or acceptinq these dedications. In t area surrounding the lagoon, this agency is the City of Carls Normally, the responsib'ility for such niaintenance would fall ' the direction of the PLtblic rrlorks Department, but since some the existing and most of the proposed dedications are primari for recreational purposes, it i,s suggested that a portion of responsibility . .. . . be .. assigned to - the . . . Parks . . . . and Recreation Depart .+ I- > (5) Federal assistance on a one-time grant-in-aid basis -19- I 4: Maintenance of "Wildlife Preserve --- Protected \rea": Acqui a valuable habitat area is only a part of protecting that are Once acquired, a maintenance.proqram to insure long-range enh ment and protection should be enacted. When the final bounda are approved and acquisition is complete, the City shall deve a program of maintenance for that area, The method of acquis will have a direct relationship on which governinq body or gr will have responsibility for maintenance. Every effort shall made by the City to coordinate its efforts with the Departmen Fish and Game to insuye an adequate maintenance program for t habi tat area. . Further protective steps, such as Ijmiting the intenstiy of u on adjacent property and the use of open water and fencing as physical buffers, shall be provided through the administratio the Specific P1-an provisions and mitigation measures containe the Environmental Impact Report. Alteration of Navigable Waters: Any development or work done-in navigable waters of the United 'States requires a permit from the U.S. Army Corps of EKgineers and in addition is subject to separa review by the U.S. Fish and Wildlife Service. Navigable waters i cludes all tidal waters ; and intertidal habitat, such as mudflat . and salt marsh areas. Dredge and fill operations in navigable wa in cont-iguous and adjacent wetlands, in primary tributaries to na gable waters and in wetlands contiguous and adjacent to these tri taries will also require permit and review. Boat Launching Facilities: All efforts should be made to main-tai the present commercial/private launching facilities at Snug Harbc and Whiteys Landing. If in the future these sites became undesir to maintain, an effort shall be made by the City and concerned pa to provide commercial/private launching facilities at one or a cc nation of the alternative sites listed below: 7. Hoover Street Access. 2. Community "Hub'' .Park. 3. Between the present ownerships of "Kel'ly and, Rombotis" (asses Construction of private launching facilities shall be subject to approval by the U.S. Army Corps of Engineers, U.S. Fish and Wild1 Service, City of Carlsbad, and subject to all provisions set fort in'this Specific Plan. parcel 207-010-11 and 207-010-12). > -1 1' 4 .I .. .. I i< e -I on -\ - 4. . CONSTRUCT1 ON A, OBJECTIVE: Construction impacts are generally short-term and pro tionate to size of development. Impacts take the form of 1. Air pollution from exhaust emissions and dust generation. , 2. Noise from construction. 3. Soil erosion from grading and removal of vegetation. 4. Water pollution from ero'sion. 5: Safety hazards from construction in progress and equipment. It is the aim of the construction element of the Specific Plan to minimize and where possible eliminate the above stated impacts. . B. POLICIES: 7. Dust shall be controlled by watering. 2. Up-to-date exhaust emission systems and muffler systems shall 3. Grading shall be limited to the minimum area necessary to acc 4. Grading shall direct runoff toward planned drainages and away cut and fill slopes. Silt trap, settling basins, or other approved methods shall 'b used to prevent erosion into the lagoon during and after cons tion. 6. Construction shall be limited to normal daytime working hours 7, Adequate safety measures shall be used to reduce hazardous si tions. used by all construction equipment. ' plish the proposed development. 5. . I, ' -- -. -- .. ** .I rr .. .* * - .' ;; < . .. *. -21 - 1, CIRCULATION A. OGJECTIVES: The Agua Hedionda Lagoon shall be made accessible to many people as possible, within the constraints of maintaining th . environmental quality of the lagoon and respecting its carrying c city for vehicles and persons. B. POLICIES: 1. Traffic Conditions: a, The street system for the Specific Plan shall be construc according to Exhibit C, the Street Network Plan for the m roadways within the study area. h. When antici.pated traffic volumes warrant it, the Highlafid Hillside link between Park Drive and Tamarack Avenue shal be widened to four (4) lanes. This can be accomplished w a modified, reduced width street section of 52 foot paven width within a 72 foot right-of-way. c. The proposed Hillside link across the Pannonia property s be constructed concurrent with development of that proper d. The Cannon Road link between the City Hub Park and the ex ting Cannon Road shall be constructed prior to or concurr with the development of the park. Initially, a two (2) 1 32 foot pavement section will be adequate to serve the pa e. Improvements to and expansion of Cannon Road (102 foot ri of-way) to El Camino Real shall occur as the regional den increases and all necessary mitigations can be met. f. .The portions of Cannon Road which abut agricultural prope shall be fenced to.'prevent vandalism. g. No lots shall front on arterial streets and frontage shal be minimized on collector streets. h. On street parking shall be elimina.ted wh,erever possible c arterial and collector streets. i. Adequate offstreet parking shall be provided for all indi dual uses within the study area and also adjacent to majc accessways and recreation areas. j. Residential areas subject to street or highway noise in c of 60dB (A) shall be subject to an -investigation by a qut fied acoustician. This investigation shall recommend an) measures necessary-to lower noise (to acceptable levels, consistent with the uni.form building code. The program for the completion of improvements on Carlsba Boulevard, including the replacement of the bridge over t lagoon outlet, is recognized as consistent with this Spec * -. . k, * Plan. . ,* \ <' ~ 2, Bicycle Routes: a. Bike routes shall be con,structed within the study area ac ding to Exhibit D, the Bike Route Plan. b. Shared bicycle/pedestrian routes shall be constructed wi. impervious surfaces to a minimum of 10 feet in width. c. All bicycle-only routes shall be constructed according tc standards contained in the City's Circulation Element. d. Accessory facilities such as bike racks, benches, trash ( tainers and drinking fountains shall be installed at loc; noted- on the Bike Route Plan. e. All bicycle..routes shall be clearly.+marked with pavement pole signs. f. The City shall i-nform the public of bicycle facilities w- the Specific Plan Area and shall educate them on bicycle safety techniques. g. Bike route improvements shall be financed according to tt f o 1 1 ow i n g c r i t e r i a : (1) Routes through established neighborhoods such as Car Boulevard and Tamarack Avenue shall be financed witt City, State or Federal funds. (2) Routes adjacent to undeveloped properties shall be ( structed at the expense of the developer at the timc development. h. 'A 15 foot wide easement shall. be dedicated at the time 01 development to allow construction of a combination bicycl pedestrian access at the terminus of Cove Drive, as showr the Bike Route Plan. 3. Pedestrian Accesses and Trails: The Public's rights of acces the water areas can partially be provided for by existing uti easements and leasehold interests (i .e., sewer, water) held k the City. The Specific Plan calls for additional easements, alonq the water's edge and corridors leading to this edge, tc . acquired either through agreements with the property owners c conditions of approval for development. Some of these access -'as should also be true of the existing easements, will be lirr to trails to accomodate nedestrians or cyclists; some will be full vehicular access. Examples of lateral access and pedest bicycle access ways are contained in Exhibits M and N. : There are, too, 'factors which have 2; l'imiting. factor on the d ability of obtaining unlimited access to the lagoon. Along t . south shore, the slope conditions are such that attempts to F vide useable access to the water's edge could only be accompl through extensive grading with its potentially detrimental in and would also be disruptive to the agricultural activities a e. L -23- . . 8 this bluff. It is therefdre proposed that public access to t south shore will be limited to p'oints within the proposed par boundaries. The wildlife preserve proposed for the easterly tion of the lagoon and the adjacent mudflats should also be p tected from human intrusion, so the plan does not provide for easements around the easterly shoreline. a. Pedestrian trails shall be constructed according to Exhib the Pedestrian Access Plan. b. All pedestrian trails shall be constructed with imperviob surfaces to a minimum width of 5 feet. A combination bic Pedestrian trail shall be a minimum of 10 feet wide. c. Public pedestrian access shall be prohibited in sensitive wildlife areas as shown in the Wildlife Habitat Preservat Plan. . d. Accessory facilities such as parking areas and drinking 1 . Lains shall be provided at locations shown on the Pedesti e. Construction of pedestrian facilities shall be financed I f. All pedestrian accessways shall be clearly marked, notin! Access Plan. property owners at the time of development. that they are open to the public. 4. Public Transit: a. As land within the Specific Plan Area develops, the Nort.1 County Transit Company bus system should be expanded to Future street systems within the Specific Plan Area shal' constructed in a manner which can accommodate the public system. c. Accessory facilities, such as bus turnouts, shelters and benches shall be proxided at key locations along the exi and future bus routes. d. Bus service shall be provided to all major public recrea areas within the Specific Plan boundaries. . provide optimum levels of service. b. - 5. Scenic Highways: Park Drive, Adams Street, El Camino Real, Road and Carlsbad Boulevard , as shown on the attached Exhib are scenic routes according to the criteria set forth in the Circulation Element and shall be subject to the following cr a, Along scenic routes, a.minimum twenty (26' foot wide lan . . scape strip shall separate the street right-df-way from p king areas. Said landscape strip shall incorporate wher appropriate, major tree forms and groundcover. The inte -. to screen parking areas so that they do not detract from 'scenic route or the quality of available view corridors. ,, -4 hi .\ b. Special design criteria may be applied on parcels abuttin a scenic route, as necessary to protect and enhance the scenic qualities of the route. C. IMPLEMENTATION: In order to accomplish the objectives and polici for circulation, the following program is proposed to be implemen The City shall develop a phasing program and capital improvem budget for circulation system improvements within the Agua He Specific Plan Area-. The phasing shall be cbmmensurate with s vices, utilities, and public utilities. - - + . ,' f i - --. .I, *' ,. i . '. 9c PHASING OF PUBLIC IMPROVEMENTS AND FACILITIES Phasing of development in the Agua Hedionda Specific Plan area is * necessary to ensure that development occurs in the following mann 1. That development occurs in an orderly fashion, with undev loped properties within the urbanized area receiving prio over urban fringe or outlaying properties; 2. That properties havinq the qreatest availability and prox mity to urban services be given priority for development; 3. That properties having the fewest environmental constrair be given priority for development. - With these criteria in mind, the City has developed a mapping sys which evaluates a property's suitability for development based or proximity to existing development, availability of services and E ronmental suitability (See Exhibits G, H, and I). These maps-suc where development can most feasibly occur and give a rough indica tion of the order in which it should occur. A phasing program setting forth the exact sequence and timing of development is not practical or desirable for a number of reasons For example, properties which , by all the criteria outlined abov should be first to develoD, may --- because of the property owner preference --- remain vacant indefinitely. Or properties in out1 or fringe areas may be more suited for development than propertif the urbanized area which have severe environmental constraints. It is proposed that the phasing plan for the Specific Plan Study be based on the folloing delineations (See Exhibit 3, Phasing P.1 AREA 1 - North shore properties within the City limits and tf- Encina Power .Plan property. AREA 2 - Proposed 90 acre park site. AREA 3 - Unincorporated area east of the lagoon. .. 1 -. AREA 4 - San Diego Gas aud Electric lands 01) the south shore the lagoon. Area 1 properties are generally suitable for develop.ment at the F sent time. All environmental hazards or special resources shall mi'tigated at the time of development. If niitigation is not possi methods of preservation shall be considered. Area 2 is the property desiqnated as the future coinmunity park. the park is essentially an open space use with a relatively low c for urban services, and does not generate <population growth, it's -. tieveloprnent will have a lesser' impact than residen"ia1, commercia industrial development. The park shall not be developed until C? Road, minimum of 32 feet of pavement, sewer and water service arc extended to it boundaries. In addition, a17 of the environmental . cons-equences of extending these services (e.q.) the effects of e) -. . A& . " t .. .. .j ding Cannon Road through agricultural land) shall be mitigated pl to development of the park. It should be noted that the park bo1 daries are still in a state of f-lux, and could chanae because of information and/or policy change revealed through this Specific I should remain the same. Area 3 is outside the City boundaries. It lacks most urban serv. and has some severe environmental constraints. Development shal' not occur -in Area 3 until: .. Should the park boundaries change, the criteria for its phasing 1. The majority of the land in Area 1 have been developed; 2. The sensitive Wildlife Habitat has been successfully pre! 3. Municipal services can be efficiently and economically e: 4. The property can be annexed to the City of Carlsbad; and 5. A11 adverse environmental effects of development can be and protected; .4 mitigated. . Area 4 is the agricultural and transmission corridor lands owned San Diego Gas and Electric. This land shall remain in its preser open space uses. Conversion to other uses may only occur if: 7. The proposed use meets the criteria set forth in the Coi Plan for conversion of agricultural lands; 2. The property owner can justify the need for such conver: through amendment of both the Encina Power Plant Specif*- Plan (SP-144) and the Aqua Hedionda Lagoon Specific Plat . 3. Conversion is required for public service, enerqy transn or transportation facilities as necessary to meet regior needs; 4. The proposed facility or activity is necessary and is c( tent with other Specific Plan poTicies; I 5. Such facilities or activities are sited and desiqned'to minimize adverse impact on the existing agricultural re: t ---- 1. i r *t i1 .. .. 0 --. , -.. ... .. .... # . . . . . . . .> . . . . . . . .L -. . . ._.__ ~ -z-- ---z .- 4 7 4-8-t cc1 ,aL,cc10 *I- .-F Id .r c, c, L1 / . . .-- ..- . . .. .'.. . :- I I ..- -z-- , f'. .% ' , . .I ..- -2. - / -E.- . ..-.--. - .. . ._ -2.- ,, - . .. .. b &Gi b 6CAP id' .. .. .. *. .. .. .. . 'K.. .. *. .. .. I( .. .. 9. . .%. ,. *.*' .I c '< -. SrT 648 v7b 3.. .. .. 1 ! .. Y - .' *. \ I I -. *- . L - . c 5 . .. .. *. . Q ulw -4R *C\ -=B I d . I 1 CONDITIONS OF APPROVAL 1. The approval is granted for the land described as the Agua Hedionda Specific Plan Study Area as shown in the applicatiot and attachments thereto. Developments within said land shal’ occur in conformance with the exhibits, plans, objectives an( policies included in the Specific Plan documents labeled Exhibit A through 0, dated August 11, 1976. Plan Study Area shall submit supplements to EIR f329 which - Discussion of impacts attributable td the specific develop. ment which have not been adequately addressed in the oqigii EIR. - Mitigation measures and a1 te.rnatives for a1 1 impacts affec 3. Approval of this Specific Plan indicates acceptance by the C Council of a general scheme of development for the Agua Hedi Study Area. It does not guarantee that individual developme within- the Specific Plan boundary will be approved. Individ developments will be evaluated in accord with Municipal Ordi ces and Policies in force at the time of plan submittal. Ap val and construction of an individual development under this -_ . -Specific Plan will not vest any development rights in the bp of the Specific Plan area. 1 2. A?? applications for discretionary permits within the Specif. \ . provide the Following information: significant resources. .- -. - -. 4. The City Council shall enact a moratorium in accordance with Section 65858 of the California Government Code, on all deve lopment within the Specific Plan Planning Area until the Spe fic Plan has been approved by the Carlsbad City Council and effective by adoption of the necessary implementing ordinanc 5. Upon approval of this Sb’ecific Plan the City‘Council shall r peal Ordinance ,a~proving Specific Plan-158 for RACA Dzv 1opn;ent located at the southeast corner of the intersection Park and Marina Drive. The Master Planned densities of the LR Partnership Propertie zoned P-C and located on both sides of Park Drive east of .-Valencia, are hereby incorporated into this Specific. Any development on that property must meet the requirements of t Specific Plan and the .City’s Planned Community Zone. The Specific Plan for the Papagayo developmenx (SP-31”A”) wh was approved by the City and the California Coastal Zone Con vation Commission is hereby incorporated into this Specific All standards and requirements contained in the Agua Hediond Specific Plan shall apply to any future development allowed a part of SP-31(A). - .__ -- .- .. 6. <’ 7. '* - .- . .. . .. -- -_ ~ -- .-- . ~ . , . _, -. . __ 8. Within 6Q days of approval bf this Specific Plan, the City s amend Ordinance 9279 which approves a Specific Plan for the Encina Power Plant (SP-744) by: a. Deleting the reference in Conditions #l and #8 or Ordina 9279 to the future power plant site east of Interstate 5 b. Noting a community commercial desiqnation for the Japatu *parcel located at the northwest intersection of 1-5 and Cannon Road, consistent with the existing zone and land designation. In addition, the City shall rezone the following properties .- ' within the Specific Plan-144: - c. That condition 8c of AHSP shall be amended as follows: To leave the "OS" General Plan land use designation on most of the propert as it is now designated, but extend the General Plan land use Put lic Utility "U" classification to a portion of the property as determined by the City Council. The location of Public Utility .uses east of the freeway should consider environmental factors such as proximity to the shoreline, visibility from 1-5 and the north shore, and relationship to recreational and agricultrual uses. That portion of the property would be retained as "PU" zor and the General Plan would have to be amended to show Public Utilitity ("U") land use designation. The Specific Plan would., i the same time, be amended to delete the future Power Plant site, and allocate an area east of 1-5 as "P-U", subject to future Spec fic Plan approval. The portion of the area east of 1-5 which wo1 retain the "0-S" designation would be rezoned "OS"., which permit: expansion of the transmission facilities, but only by Conditiona Use Permit. d. The flat portion of the SDGPtE land on the north shore 01 outer lasoon shall be rezoned to RD-fl and the slope lea( down to the lagoon as open space,. consistent with Generi Plan Amendment 41. ,- 9. Mithin GO days of approval of this Specific Plan, the City s adopt an Agua Hedionda Design Manual and Design Review Orciir which will apply to all properties within the Specific Plan 10. Specific Vista Points to be preserved are shown on Exhibit t Additional criteria for view preservation shall be establist through the design review process. , 11:. Alteration of' waterways that wculd cause significant adverst .. . . *. -. planning Area. "I .. .)' ' , impacts on the environment shall be prohibited. , a < - ,' '12. No use shall occur within the boundaries of the "Wildlife Pre serve --- Protected Area" (Exhibit F) for a three year period During this time the several methods of.acquisition shall be thoroughly explored by the City of Carlsbad, the State Depart ment of Fish and Game, the California Coastal Zone Conservati Commission, and any other appropriate agency. Some methods a a, Acquisition through purchase by the State of California. b. Acquisition through dedication of a gift by the 'land own% c. Acquisition through dedication of a trade-off of certain development rights to be transferred to other properties held by the same owner. I d. Acquisition through piecemeal dedications in compliance \ the City's Park Dedication Ordinance. e. Acquisition by some semi-public agency such as Nature Co vancy . f. Should density transfer be the means of acquiring the I'W life Preserve --- Protected Area", the General Plan dens in effect prior to this plan shall be used in computing transfer of development rights. + 13. When a wildlife area acquisition is accomplished an appropri means of prohibiting uncontroll ed human and domestic animal incursions shall be developed. Xf a wildl-ife area acquisition does not occur within the st; lated time period, land use limitations of the underlying zo -including the floodplain overlay zone and all applicable Coa Plan policies shall apply. 35. The agricultural lands south of the Lagoon within the Specif Plan area are part of a larger agricultural complex. This a shall be retained in its present open.space use allowing the Agua Hedionda Lagoon to serve as a natural bu-ffer betweeri Er and agricultural areas. These agricultural 'lands may be con verted to non-agricultural use only when: a. Conversion is required for public service, energy transm 'or transportation facilities, as necessary to meet.regio needs; b. The conversion of agricultural lands within the communit park is necessary to meet City wide recreational needs a c. The proposed facility or activity is necessary and is co 14. .. avoid excessive grading; v, cc .. tent with other Speciflc Plan policies; I .- -' I a .' d. Such facilities or activities are sited and designed to minimize adverse impact on the existing agricultural reso 6. Any proposed conversion shall be subject to public'hearin and approval by the City Council. 16. The Pannonia property shall be allowed to convert to resident 1'7. Should there be inadequate flat (less than 15% slope), non- use, as outlined in the Specific Plan text., 3. agricultural acreage within the community park for the develc ment of essential recreation facilities, the conversion of ac cultural land shall take priority over continued agricultura' use. , 18. That portion of the "Wildlife Preserve --- Protected Area," w the community park boundaries shall be protected as outlined the Specific Plan. sible; this may require that terraces of differing elevation provided for separate activities. a long term lease for the use of the water surface of the la with San Diego Gas and Electric. 21. The inner lagoon shall remain as multi-use, the center for s ming and non-power boating and the outer for fishing. 22. If the boating use of the lagoon reaches such a high-use as present a safety hazard the City shall exercise the power tc impose a maximum carrying capacity, further reducing speeds, and limiting horse-power of boats. Construction of private docking facilities for the storage or long-term mooring of boats shall be prohibited. loading, observation and swimming shall be subject to review and approv by the City of Carlsbad on a project by project basis. No such facilit shall be permitted where it creates a hazard or otherwise inhibits pub1 use of Agua Hedionda Lagoon. approval by the U. S. Corps of Engineers and the U. S. Fish and Wildlil Service in addition to the required City of Carlsbad approval. All ProPosals for residential development involving 20 or nit dwelling units shall be reviewed far possible inclusion of private Pecreation facilities; all such deve]opments on parc of Zo acres Or more Shall be reviewd, for the possible inclL Prior to any development which would adversely impact archat 9ical reSOurCeS identified in the EIR and Specific plan, pr, vation or mitigation Of those resources shall occur accordil the standards set forth in the Specific Plan. 19. Grading operations will be minimized to the greatest extent 20. .The City shall within sixty (60) days commence neqotiations 23. Private recreational docks for All such facilities shall be subject to 24, of a public park within said boundarjes. c< 25* .. ,' 0. . .. ' 26. To insure present water quality'conditions for the future, tf City shall conduct water quality sampling each year.during Ay If for any reason the water quality of the lagoon begins to c iorate appreciably the City shall seek the source and correct the problem. execution of maintenance dredging of the middle and inner 1a Elhere public bicycle and pedestrian routes are coterminuous kt a public sewer easement and provide maintenance vehicle acces to that easement, they shall be maintained by the Public Work Department. In all other cases, public bicycle and pedestri? routes and accessory facilities shall be maintained by the Pi acd Recreation Department. acquired as a preserve, the City shall, in cooperation with other affected agencies such as the Department of Fish and G( develop a program for the protection and maintenance of the preserve. 30. All efforts should be made to maintain the present commercia private launching facilities at Snug Harbor and Mhite.ys Land If in the future these sites become undesirable to maintain, ~ effort shall be made by the City and concerned parties to pr comrnercial/private launching facilities at one or a combinat of the alternative sites listed below: a. Hoover Street Access. b. Community rlHub'' Park. c. Between the present ownerships of "Kelly andL ti R Partners Construction of private- launching facilities shall be subjec approval by the U;S. Army Corps of Engineers j U.S. ~ Fish and Wildlife Service, City df Carlsbad, and subject to all provi set forth in this Specific Plan, 31. In order to minimize construction Impacts, the developer sha meet the following requirements: .. a. Dust generated by construction shall be controlled by w2 b. -I- .-- - __ 270.. ___ The City shall develop a program to assure the payment for a .- 28. a 29. At such tine the "Wildlife Preserve --- Protected Area" is -. (aSSeSSoY parcel' 207-010-11 and 207-010-12). *.a Up-to-date exhaust emi'ssion systems and muffler systems be used by, all coristruction equipment. c. Grading shall be limited to the minimum ai*ea necessary . accomplish the. proposed development. d, Grading shall direct runoff toward planned drainages an( from cut and fill slopes. cc - *. . .. . . -* . I. .L c-- I e. Silt trap, settling basins, or other approved methods sh ' be used to prevent erosion into the lagoon during and af construction. f, Construction shall be limited to normal daytime working . . g. Adequate safety measures shall be used to reduce hazard0 h. All grading shall b'e initiated and completed prior to th i. All slopes shall be planted and irrigated upon completio 32. When traffic anticipated volumes warrant it, the Highland-Hi link between Park Drive and Tamarack Avenue shall be widened four (4) lanes. This can be accomplished with a modified,re width street section of 52 foot pavement width within 72 foo r i g h t - o f - way .) 83. The proposed Hillside link across the Pannonia property shal constructed concurrent with development of that property. 34, The Cannon Road link between the City Hub Park and the exist Cannon Road shall be constructed prior to or concurrent with development of the park. Initially, a two lane, 32 foot pavl section will be adequate to serve the park. 35. Improvements to and expansion of Cannon Road (102 foot right of-way) to El Camino Real shall occur as the regional demand 36. The portions of Cannon Road which abut 'agricultural properti shall be fenced to prevent vandalism. 37. No lots shall front on arterial streets and frontage shall b minimized on collector streets. 38, On-street parking shall be eliminated wherever pos2ible on a 39. Adequate offstreet parking shall be provided for all individ uses within the study area and also adjacent to major access and recreation areas. 40; Residential areas subject to street or highway noise in exce of'60dB (A) shall be subject to an investigation by a qualif acoustician. This inv-estigation shall recommend any measms necessary to lower nc.fse to acceptable levels. Shared bicycle/pedestrian routes shall be constructed wl th i vious surfaces to a minimum width of 10 feet. situations. rainy season (January through March). grading. 4 . increases and all necessary mitigations can be met. ,- / rial and coltector streets. 41 .I .% *, 42. All bicycle-only routes shall be constructed according to th standards contained in the City's Circulation Element. - . 43. Accessory facilities such as bike racks, benches, trash cont and drinking fountains shall be installed at locations noted the Bike Route Plan. pole signs. The .City shall inform the public of bicycle facilities withi Specific Plan Area and shall educate them on bicycle safety techniques. Bike route improvements shall be finanied according to the f lowing criteria: a. Routes through established neighborhoods such as Carlsba Boulevard and Tamarack Avenue shall be financed with Cit State or Federal funds. b. Routes adjacent to undeveloped properties shall be const ted at the expense of the developer at the time of devel 47. A 15 foot wide easement shall be dedicated at the time of de lopment to allow construction of a combination bicycle/pedes access at the terminus of Cove Driv.e, as shown on the Bike R Plan. 48. All pedestrian trails shall be constructed with impervious $ faces to a minimum width of 5 feet. A combination bicycle/ trian trail shall be a minimum of 10 feet wide. 49. 'Public pedestrian access shall be prohibited in sensitive wi fife area.s as shown in the Wildlife Habitat Preservation Pla 50. Accessory facilities such as parking areas and drinking foun shall be provided at locations shown on the Pedestrian Acces 51. Construction of pedestrian facilities shall be financed by p perty owners at the time of development. All pedestrian accessways shall be clearly marked, noting ti1 As land within the Specific Plan Area develops the City shou encourage the expansion of the North County Transit Company system to provide optimum levels of'service.' a constructed in a manner which can accornodate the public bus sys tern. 44. All bicycle routes shall be clearly marked with pavement or 45. 46. - 52. . 53. * they are open to the public. 51;. Future street systems withi'n the Specific Plan Area shall be '/ . . . . 55. Accessory facilities, such as bus turnouts, shelters and benc shall be provided at key locations along the existing and fu. bus routes. 56. Bus service shall be provide-d to all major public recreation areas within the Specific Plan boundaries. 57. Park Drive, Adams Street, El Camino Real, Cannon Road, and C( bad Boulevard are scenic routes according to the criteria se forth in the City's Scenic Highway Element. Special treatme, and protection of the route and corridor (i.e., land use con trols, landscape requirements, view protection, construction standards, and type and location of complementary facilities . are to be established in the proposed design review manual. 58. In accordance with the City's Public Facilities Management P gram, the City shall implement a phasing program and capital improvements budget for circulation system improvements with the Specific Plan Area. This phasing shall be commensurate 1 expansion of public services and utilities. 59. Phasing of development in the project area shall be accordin the Phasing Plan, Exhibit J. Area 1 includes those properti which are presently suitable for development. Area 2 is the community park, which shall be developed only at such time t access and utilities are available and adverse environmental effects can be mitigated. Area 3 shall not develop until th majority of land in Area 1 is developed, the Wildlife Habita Area has been protected, services can be efficiently and eco mically extended, the property can be annexed to Carlsbad an adverse impacts of development can be mitigated. Area 4 (th agricultural and transmission corridor lands owned by SDG&E) remain in its present open space uses. Conversion of these to other uses will be permissable only if the detailed crite .of the Coastal Pland and the Agua Hedionda Specific Plan can met. , 60. Conditions for marine Ecosystem: a) No actions shall be allowed which will result in an adverse environ- b) All appropriate steps will be taken to maintain or improve lagoonal water qual i ty. c) Maintenance of a large tidal prism and, therefore, rapid flushing of the lagoon is necessary for the continued vitality of the eco- system. to retain the optimal flushing action. Such action will have short- term impacts on biological resources immediately adjacent to the dredged area,but will have a long-term pbsitive effect on the lagoor a1 ecosystem as a whole. ' d) The shores of the lagoon should be altered only if such alteration would result in an overall improvement in the biological quality . of the lagoon. e) The continued use of the lagoon as a natural, biological laboratory should be continued. mental impact on the lagcon system. ,+ *. . Dredging of the inner lagoon will eventually be necessary .. SDDEScPDWrn :. 0 E\R-3 , CALL TO ORDER .. The meeting WBS called to order at 7:30 P.M. I. . .. .. t h, All present but Commissioner Fikes. . f ROLL CALL , .. .. s * ,Present . . Absent .. 0 -4 PLEDGE OF ALLEGIANCE .. *. . .. *. e. 1 APPROVAL OF MINUTES .. ! . "' Motion Ayes Absent &'Minutes of September 8, 1976 -'Approved. .. .-. ' . .? 'I, -'. '.i * 5 NR I T T E N C 0 MI4 U N I CAT I 0 N S i None t j ORAL CDIlif4UNICATIONS i Planning Director Donald A. Agatep announced to the jCommission that he had submitted his resignation as i Planning Director of the City of Carlsbad to the City *Manager effective as of October 14, 1976. The reason * .. ifor his resignation was that he had accepted a position j with the U.S. Navy to'go to London, England, for four - i to six months. i Chairman L'Heureux said that the .Commi.ssion 'and the \City would deeply riiiss Don and thanked him for his !bad been extremely lucky to have Don's ability and ;-talents. ~ !A motion was made that a resolution be prepared for . I . I .. . .'- .-- J . -- : . irnany years of hard work. tie also said that the City. Motion Ayes Absent. i Don Agatep for his valuable servi,ces to the City of -. X X X .- ' 1 .. . ! Case Nos. SP-173, GPA-41, and.EIR-329, Agca Hedionda. .. .. .. absta:n from Darticioatinq in the hearing. .. .. Planning Director Agatep said that the Staff recommcnd- . ed continuing these items till October.13, 1976 as .__ [more time was needed to study the alternatives for the fSDG&E property east of Interstate 5. He then briefly idiscussed the Economic Impact Report that had been . given to the Commission. He also advised the Commission ' the Specific Plan area, a d d i t i on a 1 econ om i c i n f o rnia t i on !.was required, the Commission should require an Economic .. -... that if they felt.that prior to actual development within Analysis ,prior to final approval of thei proposed -Specific Plan. 'dommissioner LaEoi asked that the staff add an 8th f policy to the Open Space and Conservation section . regarding the echological system of the lagoon itself !. 1.e. grasses, etc. In the lagoon. . * ' 1 Ck I .- .. . + r. , . lew Pritten, 3LChinquapin, Carlsbad, CA.expressed 1 his concern regarding the preserve area and wanted to I know what the building requirements were regarding ! how close to the lagoon buildings could actually be 'constructed. He also inquired as to whether the !! action of approval would be legislative or administra- ' tive and whether or not at a later 'date a refer,endum fi could be approved if need be. z ,- ;Mr. Agatep stated that there are 50 ft. setback re- .i .* .. .. 6.- . . '- - , Page 2 ; i . PLACE: COUNCIL CHAMBERS. , quirements from the lagoon and that construction out . into the lagoon itself would be limited to docking and .j launching facilities. The question of whether an item : is legislative or administrative is being discussed at ! state level and an answer is not known at this time. 'A motion was made to continue these items to the meet- blotion . .. I .- . Jng of October 13, 1.976.- Ayes .. Absent Abstain .. New - -. : Case KO. CT 76-T1, Tamarack Shores, Robert Hirsch . Request for approval of a 6-1ot, 80 condominium unit tentative subdivision map, in three phases. .- .. . I. i , _.. :.Assistant Planning Director Bud Plcnder gave the staff - I presentation and poin.ted out to the Commission that 'a letter from the school district had been received :and that the Commission might wish to consider adding fa 15th condition which would either delete SP-136 !or request that an amendment to SP-136 be submitted' -_ :and approved by City Council reflecting the adopted . !tentative tract map prior to approval of the final map. ISP-'136 has been approved for the project site .and !would allow 117 condominiums. :would have 80 dondominiums. !The Comyission was very concerned about fencing around i adjacent to the property, and about the traffic that i would be generated by this development. .I .. The proposed CT 76-11 _- -.. .. . . itfie project during construction because of the school .. .. i - .. .. .. . . , i Ro-bert Hirsch, 15233 Ventura Blvd, Suite 816, S'hernan -. !6acs, CA -91'403 said,that the units would be one-story ,and two story detached townhouses - the vnits Gould hav ;.- . 'from 1200 to 1400 SQ. ft. per unit with approximately ... 4400 sq. ft. of ground area per unit. Would I3ke to ;.develop the area in three phases which would take 1-34 to 2 years.. i for the project, that 100 ft. of right-of-way had .. He stated that he had FHA financing *t .. --- been leased from the railroad and that landscaping would be provided on this right-of-way on a 4 ft. berm with a 6 ft.. niasonry wall on .top of the berm.. They ,felt this would mitigate much of the noise problem 'from the railroad itself. ' On-site vehicle storage [ space as well as landscaped open-space within the site will be provided. -He also said they would be build- ing 80 condominiums and would be agreeable to delet'- ing SP-136. 1 Sam Gendusa. ; 808 Elagnolia, Carlsbad; Lcw Prittcn, 330 Chinquapin, (Carlsbad;--a-nLArthur Wessos, 3700 Jefferson, Carlsbad {concern being the incresse.ln traff.ic in the presently . spoke in opposition to tbis project,with their primary 1-cxfsitng traffic problems. '-. I .. e 1. 1'. - - *. 1149 Magnol id, Carlsbad; Gary Cepek, . , 1 ' 4 ,. .'Y . .. .. . '. ,..-, ..,. ... x . ',? \..7 *. .. '&9@'.s\+';l p$ +. ME ET 1 N G : P L A N N I N G C 0 MI4 I S S I 0 N ME E T I NG DATE : Stptember 8, 1976 TIME: 7:30 P.M. PLACE : COUNCIL CHAldBERS . .I CALL TO ORDER ,, The meeting was called to order at 7:30 P.M. ROLL CALL .. -: All Commissioners were present. $ .. ,. i PLEDGE OF ALLEGIANCE .. .. . : APPROVAL OF MINUTES ' .. f Minutes of August 25, 1976 - Approved '. I ' (. !' .i . . ' .. APPROVAi OF RESOLUTIONS ' Resolution No. 1269, YMCA of San Diego (Project Oz) Approved with addition of Condition No. 7.to require that an alternate means of egress from the upstairs bedrooms be provided. WRITTEN COI.1MUNICATIONS I 8 ' None * .. ORAL C0~4MUf~IJCATIONS : Planning Director Donald Agatep announced that there i Workshop on Tuesday, September 14,, 7976 at 7:OO P.M. . . for the purpose of discussing the Planning Department's ____..- -. would be a joint Planning ConmiissionlCity Council Present X '. I Motion Ayes x Abstain Motion Ayes X Abstain 1 Work Program. -. 8 'PUBLIC HEARINGS .. : Continued -. .. . Case Nos. SP-179, GPA-41 and EIR-329, Agua Hedionda -' % j Lagoon - !' i : ers Larson and Nelson were absent at the August 25th I hearing on this matter, but were familiar with the t subject niatter (Minutes/Staff Reports) and would be, i able to participate and vote on each of the items. -. ' It was also noted that Commissioner Rombotis would '. abstain from pa-rticipating in the hearing. j of SP-179, GPA-41 and EIR-329, what had occurred at --- : staff report to the Commission. He reiterated that : the Commission biould be approving the Specific Plan i as to concept only, that the City Council would be :, approying,.-tbc S,P to concept only and forwarding same :.to other governmental agencies for approval and that final approval by the City Council would not take place till all other agencies had dpp.roved same. He . also mentioned that the Commission could add to the ' i conditions of approval that an economic impact study. I be required prior to this land being developed. Mi-. .'--Agatep also asked that the Commission after receiving meeting so that staff would'have time for preparing a ' .land use and zoning for the land east of the freeway. .. Chairman L'Heuruex noted for the record that Commission- -. .. .. '- Planning Directcr Dona1 d Agatep gave a brief synopsis .. .-. ..,.'the August 25th hearing, and the September 8, 1976 , I. .. .. .. .. .. ,. further testimony continue this niatter to the next .. .. -' : , report that would outline additional alternatives to ' *. * I I. ~ .. a.4 , . .. #* .. ... 1 . .. , ,"lev Pritten, 330 Chinquapin, Carlsbad, CA spoke regard-. i ing his concerns relating to the High Density on'the i shore lines and wanted to know if developments would : be right on the shore line, was concer.ned about a 0 '#;./ i marine preserve, the amount of dredging that would : occur and what the cost to the taxpayers would be: i Mr. Agatep answered his questions by stating- that each A' i development would have a'large .access way along the i been set aside, he did not know how much dredging woulc : occur (it would depend upon each developnlent)', and that i the City was not in a position. at this time to make an j economic impact report but that the City was currently ; contacting firms to make this type of report for the i N. Allan Kelly, Jr., 3455 Spanish Way, Carlsbad, CA. . asked that the Commission change two items in the 'Specific Plan: 1) Condition 23 prohibiting the con- struction of private doGking facilities to be use? for ,recreational purposes - he felt that this was too limiting and that the property owners should be allowec to construct a dock next to a private launching rzlmp: i 2). Under Desi-gn Criteria (2el) requiring 25 parking spaces for every launching ramp, he felt this was a good requirement for a commercial launching ramp, but 'for a private launching ramp this requirement should be deleted. : George Flanders,'-2168 Chestnut, Carlsbad, CA stated that this Specific Plan would cause a reduction of ' open space from that required in the General Plan. . ! shore line, that a'Wjldlife Preservation area had :. -. < .. 8 La Costa'Master Plan. .. ..-' ___-- f I .. . . i .Mr. Agatep told him that with the addition of the tlild- i life Preservation Area, the amount of open space would I be.substantially increased, j The Commissioners then expressed their concerns over 1 the fotfowing items: I) Bike routes should be con- ; sidered by $.he City at such time direct access is . .- provided to HUB Park; 2) Glanted to know how much land : tioutd.come off the taxpayer's rolls if it is zoned 1 open space; 3) How much it would cost to dredge the !. lagoons - how deep would the lagoons be dredged? 4) Wanted to know if the State would b.uy any of the tribute to the maintenance of these lands? 5)'I~lanted ! -- j.,.to know more of the Economic Impacts regarding the ! Specific Plan (felt Social and Environmental Impacts .. _. .. .. ... i c . lands designated open space and would the State.con- .. -: .. .. i had been covered quite well). \J .. .. :'A motion was made to continue these items to the. .. . -\ .; meeting of September 22, 1976 at which time there i 'will be a staff report addressing the questions rais,ed ' open to receive public testimony regarding the new .. . Commissioner Watson advised the stgff #that Ke'could . , .. i during this hearing. The public hearing is to reniain .. ! -staff report. .meet with theni at any time to discuss his concernsi , . !, .. . Break from 9:35 to 1O:OO P.M. - All Commissioners pre- sent as were present prior t? the break. i. ; New I_ -i Case No. GPA-42, City of Carlsbad - Request for approyll . of a General Plan Amendment to the Land Use Element .. . C., Motion Abstain Ayes. X I ' .. ' .) Page 2 Y" ! .I: A Minute Notion was made directing the Staff to report 'Motion meeting regarding the above condition.' Abstain Absent Case Nos. SP-179, GPA-41 and EIR-329, Agua Hedionda General Plan Amendment and certification of a_n to the Planning Commission at their September 8, 1976 Ayes i f. : 9 5 i .It was noted for the record that Commissioner Rdmbotis Planning Director Donald Agatep stated that in January f of976 the City of Carlsbad entered into a contractual . sgkeement with the California state Coastal Commission i to prepare a Pilot Prograrn for the development of a . Specific Plan that .would be consistent with local : planning policies and the relevant policies of the t proposed Coastal Plan. SP-I79 was a joint effort 1 among the property owners, the California State Coasta, l Commission and the Planning Department. The long ' 1 . range objectiv.es are to preserve and enhance the I natural and man made aspects of the lagoon's envi,ron- I ; Agatep stated that the project had been divided into - .! two distinct boundaries, the first and larger boundary : being the study area of about 1000 acres,,r.rhich in- i traffic circulation and existing -trends in residential . % . ;, Lagoon Request for approval of a Specific Plan, .. , Environmental Inipact Report. IF .. I. ! -would abstain from the proceedings. .E :( . I . . : ment, and to ensure their mutual compatibility. Mr. __-. ; c?udes the lagoon and most of its viewshed. This en- - 1. larged area was determined so that such factors as i ; development could be more fully .considered. The I! srnaller area, on which it is proposed to adopt the Specific Plan, is approximately 700 acres and includes I i all parcels which have a direct impact on the lagoon and the fragile wildlife habitat. Eir. Agatep. then .. outlined the intent and purpose of the Specific Plan, i :1 i By use of graphics, he indicated the areas involved '-! and the proposed changes. i Director Agatep also read to the Commission a letter i from Comiissioner Eric Larson with his comments regardinb I this pro'cct. (This letter will be made a part of the . I1 .. . -1 . hard in putting-together these reports. He felt these t- - .. .e. i i General Plan Amendment and Environmental Impact Report. .. -. ! . 1 record).(ATTATCwem 4.1. .A . Chairman 1' Heureux roplmended the people ~110 worked ver,y. documents were extremely thorotlgh and documented, and the project staff should be conmended for an excellent .job in preparing an EIR for a concept such as has been .. i ! ' I*' presented. He commended Dana Hield Whitson and Joe . ., . -.. .. - i Sandy for their fine work. .. i' Dan Gorfain, Chi.ef Planner, San'Diego Coast Reqional Commission, 6154 Mission Gorge Road, Suite 220, San ! i ' Diego, California 9212' stated that it had been a I I rewarding several months in which all groups had work- ' 1 several areas of interest and concern to the San Diego i. 1 .Coast Regional Commission and these 10 areas were *- I spelled out in a letter dated August 17, 1976 from E. Jack Schoop, Chief Planner of the State Commission, and from Dan Gorfain. He then read this letter to the Commission (This letter will be made a part of thc ed togetti~er and tQat among the 9 pilot programs, this .. . - 1' one was the farthest along. tie saild that thery were . i 'record). ATAct-lhp,A/T a,), * .. ' *. I. . -. ! ,. , !. i, '..;..,: 9 . x .. I r - P q :d :: Bob Ladwig, Rick Engineering Company, 3088 Pi0 Pic0 :; Drive, Carlsbad, representing the property owners, i: stated they had nothing further to add other than .I. to compliment the City Staff and the Coastal Staff 'f and they had enjoyed working with both groups. . . .. .: The Commission then discussed the cost of such an :: undertaking to the citizens of Carlsbad. They wished to know who would maintain all the open space areas, the park lands, paths, etc. and who would pay for ' this maintenance. Also interested in thk dredging of the lagoon periodically and who would be responsi- ble for this - felt that these matters should be presented to the Commission in the form of an Economic Public Hearing opened. Ed Gabrielson, Land Engineering Supervisor, SDG&E- said that he had .two statements to make, one by Owen Henard on generalized planning issues, and his pre-. sentation which would be on a couple of specifics. !'Tonight I woujd hope that you would give some firm .direction to your staff. In 1971, the SDG&E Company adopted a zone for our property called P-U. This was j at the request of the staff of Carlsbad and the Plan- : ning Commission and under that agreement, there were _____.-- . approximately 15 different types of conditions. The I City staff is proposing to negate a part of this agree- .1 Feasi bil i ty Study. '5 I : 1. ment. This is particularly impor-tant ta.us when the conditions could cost us upwards of six million dollar .. . I . 11 We -believe the City has a moral responsibility -to . .i. ;, SDGGE Company to reflect appropriate conditions for i' appropriate Specific Plan. That is to say, they . . i! .. should uphold their side of the agreement. 'i of the EIR states that discussions are going on con- cerning HUB Park - those discussions would ususally, .: The Specific Plan says that.a bike path or other . .. public access should be encouraged around the north .! side .of the outer lagoon. First of all, there is a :! real steep slope there and second, SDG&E has purposely .. '; tried to keep people out of that .area. We find kids ' . ,i over there digging holes and we would certainly ask .. that you consider no,bike paths or no'type of: a.ccesS fI For the public around just that portion of the outer -11 -lagoon on the north side. It has some potential to . ai jeopardize our'security at the power plant. In the. i! conditions for approval, nothing is said of the con- itions set out to establish our,present Specific ' -. /i-'tlan (SP-144) . The staff should recofiimend specific ' any proposed zone change. Again I want to stress ! that SDG&E total holdings at Encina are for utility ii purposes first and foremost and any other use is of ! secondary nature. We agree to compatible, multiple 1: types of uses particularly when those benefit the ;: City granting us the permission to.;operate in their urisdiction. However, any use presently shown on' the Agua tfedionda Specific Plan cannot be construed ,: as any obligation by SOG&E to continue the use as , 1 that we feel is inadcquate a'nd inappropriate. :e about a moratorium on development. blc have a On pg 106 I. . .. -. .. .. be wi.th myself and I haven't had any discussions. .I .. .. . .. - -. ;; condi,tion changes within Ordinance 9279 to reflect .' .' /i j .. .. ; ~utlined by that .Specific Plan especially a plan Regard- Sng conditions of approval, item no.. 4 talks power plant undergoing construction in this Specific Plan area and 1 would hope that that nioratorium. , $s not an asklng for us to stop all work In.that .. . %.. "Item No. 34, the Cannon Road link between the City some problems in changing our zone which the Zoning . Ordinance clearly shows as P-U and the proposal is * : dividing of that right-of-way and providing for the .. .i HUB Park and existing Cannon Road. We certainly have 1 *.-. .. for OS that-some change in the conditions on the . '- t fashion." improvements themselves should be reallocated in some _.__. : "He would prefer that our Specific Plan as shown and ii : Owen Menard, Planning Consultant, 454 West Claire- ,' .- mont - working with SDG&E on Marcario Land. : "Have .' worked with SDGeE and City of Carlsbad over the past , . 1% to-2 years. During this time we have learned to . greatly respect and admire the administration and . planning that takes place here in Carlsbad. We are .I also very respectful of property rights, whether they .: be individual property rights on some land ownerships '; or large land ownerships or whether or not they be ! private or g.overnrnental rights. In this particular I. case, we are talking of the property rights of a large ._ "My role in the last several days has been to' ieview the Specific Pjan and the EIR. From that point of I view, I will hope to speak to the issues of the EIR 1 in very general terms, the plan itself, current coastal ,-.'legislation as I understand it, zoning and its many ramifications as it is being applied to the S.P. and Land tlse." "In Fegard to the EIR, the kind of which our firm has done a great number, we have found in California that a general practice by Cities is that project authors/d:- signers are not to also be authors/designers of the EIR. In.our work..with the 800+ acres, of Japatul's ' business center. the City of Carlsbad made it rather clear that the EiR on that project was not to be ; accomplished by ourselves since we were project de- signers - an outside objective consultant would be ' required to acconiplish that EIR. However, in this . particular case. the designers/authors of the S.P. - are also thc dcsigners/authors of the EIR which we feel is quite unusual and I quite frankly feel that the 'lack of objectivity that we found within the EIR was precisely because of that reason. as adopted remain as it is." , .. : .. . . ! land owner and a public utili.ty (SDG&E)." I4 . i. .! - -.. ... .- I our re-, I e, i. * * ,i+,- - I accomplished prior to the design of the plan. tle 1 document will be certified. We don't know quite i frankly until we have accomplished more additional i review whether or not such certification woyld be chal.lenged. We do feel at the present time that 1 there certainly is cause to look at that very t seriously. " : "In regard to the EIR itself, we wonder why SP-144 I which is legally adopted and until a short time ago t an accepted specific plan is mentioned in only a very sma,ll portion of the EIR. Considering the fatt that it covers a very major portion of the 1ar.d under the Specific Plan, it would seem to nie that . that particular legal document would be considered in the Land Uses and that alteration uould be con- sidered in the EIR process a great deal. We take exception to the map preceding page 55 which would portrays SDG&E's land as agricultural as its primary use and it shows no use whatsoever for its primary VIEW of the EIR admittedly has been curiory to date. 1 think it appears to be a justification of a plan . . don't know at this particular time whether or not the f .. ' .I I _. * of the SP you are now considering, why have you , literally included San Diego's land and water areas in , the S.P. It would seem to me that the purpose was l accomplished prior to this S.P. and the real purpose ; of the plan is to provide some particular kind of a S.'. for privately owned land on the north side of the lagoin and perhaps it would have been better to simply devel03 I. ' c - .. . .- -'c-. .. . . that and focus all of your attention in those particular -areas. " - "In regard to zoning, at the present time SDG&E enjoys Public Utilities (P-U). (tie then reiterated these uses for the P-U and OS zoning) Since the focus of ,the S.P. seems to be at this point primarily agricul- -* tural, it secnis somewhat unusual that this was not con- sidered as an open space use until a zoning ordinance amendment was adopted a short period oi time ago. Also, under the OS zone after the granting of a CUP there would be allowed utility facility structures 'or easements and this we assume under that terminology are the transmission lines which are the primary use of the land; however, the primary use-would be granted only after the accomplishment of the conditional use permit. It would appear to us that the land USPS whim . have been enjoqtd as a matter of right for a number of * years in the P-U zone as compared to the land uses which will not be allowed under the OS zoning except by virtue of CUP that there is in reality few OS uses that are allowed as a niatter of right other than agricultural for whfch SDG&E has utilized the land as a secondary use for niany years, I would also question ,' - . '*.I7 why there (s the requirement of a CUP when the primary' t function of the land has and is anticipated for the 1 future to be public utility. Z transmission line, and if so, I .am in the dark as to. how one conditions a transmission line, or is it .to i provide the opportunity to deny additional transmissio 1 lines. I would also seriously question whether the basic and inherent utilization of the CUP is appropria;e- . .l Is it to condition a , :I 1 1 ly anticipated in.this particular case." ._ I I 01 am quite certaii.1 am not making a mis- :. take in determining what is really behind the City's .. . ; utilization of OS and the utilization of that terminology I I ~ .~ -. " I i C' 'X . Page 6 on the SP. if OS zoning were in reality applied to th property, I think that within a very short period of .time in the public's niind and in the public's eye .this become in their determination public land. It would b zoned OS.and would have a priniary use of OS and agricu ture and the primary use for which it was purchased as a secondary." "1 would questjon why a road is termed scenic when it $0" through a transmission line corridor. I personally fi d chain link fence rather ugly. I don't think black vin 1 improves it,at all. I don't think that black vinyl co er- - .- ing would held the vandalism problems in regard to agr - got over the fence to be seen by those who might be I would also like to talk about the integrity of planning, , integrity of zoning within a community. I think that .. SDG&E entered into the SP process and that plan h'as adopted in 1971, and they have to the best of their . abiltiy lived up to the conditions of that plan. I think that private'ly motivated SPs are something .that each City to the greatest extent possible should be .. .. . trying to encourage. If those plans are not followed ,. the advantage of the government, it becomes obvious . : that planning will soon be lost.. I think that is a ' public utility and transmission lines would become F . e. .. culture. It would make it very difficult for whoever . .... -. patrolling." ' or only followed until such time to change them to situation the City should give some consideration : to." . c 'Mr, Gabrielson has talked about.the access to the beazh - and the open space, etc. that would be accomplished that the alternatives that we are talking out here are relatively clear, One alternative is to remove the SDG&E's lands in the lagoon from the SP and you ..)continue to utilize that plan that was adopted in 1971 (SP-744). I think this is obviously the position that - ._ would most logically be desired by SDGStE and I think that 'it is an honorable approach. (2) A second - alternative would be to include their lands in this I SP, but continue to use the P-U zone as it was intcnd- ' ed, therefore, primarily showing this land as public -. ' . i utSlity land wi'th the secondary uses of recreation, 1 . open space, agriculture as has been i,n the process ver! a small amount r; OS zone at the wat,er's edge which ' ' of SDG&E's land in P-U. (4) Is to adopt the plan whic'1 . ' is an obvious land taking and therefore for the City t3 *We also feel that the subject of the EIR, the kinds oc considerations that have been niade this evening, the great significance of.the entlre undertaking for both . through the P-U zone and through the existing SP. 1 tjink .. " 1. - -. , I . . .. ~ .. .. successfully for the last number of years. (3,)Provide *. . ,;' seenis to be your main approach and to leave the reniainjer 8' accept the ramification of such an action.'o ,. e. -c Page 7 L t . SDG&E, indicates that the most logical approach at this ' deeply into the subject. , an incomplete plan; therefore, I would suggest that . ' profound and should be followed definitely to a the City and certainly to a very large land owner, time would be to continue the item to allow additional . time for all of the parties involved to delve more I think that a plan that has not considered such economics, i.e. costs, benefits, i:; those subjects brqught UP by the Commissioners are logical conclusion before adoption. It Planning Director Donald Ayatep in response to Mr. Menard's statement that he knew of no City who did EIRs for their own projects, stated "that the Specific Plan is not privately motivated. The SP is an effort to implement State policies with respect 1 Coastal planning, General Plan at City level policies. I would take exception to the fact that an EIR is an obligation of the public agency to perform and there that says the author of the EIR or SP need not be the same. The City requireaient is that EIR regardless of the author of the project shall be directed and prepared by the City. In this case my staff prepared .the EIR and in this case, my staff directed the prepar,l- tion of the SP. He are not the sole authors of the SP.. We are the singular author of the EIR." -_ I L David McNahe, owns property on the corner of Adam -; Street and Cape Aire Lane, stated that he was in 4 i payer, I am concerned about the economics, but the ! i : better off we are going to be." ' *is no accepted practice in this City that I know of *. . favor of the plan. '$1 think some of the points that As a tax- were raised tonight need to be addressed. -. . economics are going to get worse as we go further down stream, so I think we are addressing the plan at a good time and the faster we can get it done the John NcGill, 4340 Highland Drive, Carlsbad - "I would like to draw the attention of the public and the Plan- ning Commission to certain aspects which have been dis- cussed tonight and one is the right of property owners and the undeveloped property owners certainly have waited a long tinie and have seen a great deal of government intrusion upon what they would like to do. Some of the neighborsewhere I live have some concerns regarding the traffic plans. On page 65 of the EIR, it talks of 14,000 vehicles a day traveling down Hillside, Highland, and Tamarack. The plan talks about widening the street to four lanes. The Comniissiin .. -- . -c - /should think about what this will do to the property ._ -' owners on this street." .. -1 "On page 12-43; it talks about noise. I address nlyself' 1 think the Commission should look into this as the City of Carlsbad has a law regulating noise in housing .areas, but there is no nlention of that in the EIR. My main concern is- the traffic." c ' H: Allan Kelly, Jr., 3455 Spanish Way, Carlsbad "I . will address ou; own property and our own desires o'n ' our property. The rest of the people along the lagoon have basically only one request and that is perniission to build houses. The EIR talks about a number of al- L ternatives for our property, General Plan for present density, wetlands, higher density, recreationql vehicle park, mobile home park," .I to the noise emanating from the boats on the lagoon. ,, .. - -- * . .* , . ~ .. . Pa e 8 *: .. I# "hfe recognize that there are wetlands ,(wildlife preserl yation area). We don't mind for a period of time j setting aslde this land if someone wants to purchase I this, we will sell, it. We would like to get the three i year limitation on it. \le do realize that at the end ' . of three years, we would still be beset with the prob- ! lems of floodplain overlays, Coastal Commission activities, etc. At least vie would at that-time be i free to start agajn; Our property really divides it- * self into two areas - that kihicll is east of the . f archaelogical site and that to the west. We ars'pro- posing for a number of reasons that the archaelogical site not be mitigated, but just covered up and left . there. I don't feel I should spend a bundle of money for someone to tell me that I have a bunch of broken arrowheads. If we'go to higher density- (the market' for higher density ju'st doesn't make much sense at this time), vie would like to have two uses on that land - one, a short to medium tern use for a recrea- . tiorial vehicle park and a long term use for when we would go to sonie higher density dwelling units. \!E tlould like to have the recreational vehicle park so that we can have income on the property so that in the( .. than surrounding property owners because we bought the; land cheaper." He was also concerned about density Break from 10:50 to l0:55 -'all Commissioners present - George Flanders,3765 Yvette Uay, ,Carlsba.d said that ii he had some concerns about certain aspects of the :; S.P. He was concerned about the net loss in Open : Space in this plan as compared to the current General ! Plan. that there were no public beaches on the North ! Sh0r.e - suggested passibly trade some of the property .. .- i for other City owned property. 'Also concerned about -. j private boat ramps, encroachment on the wildlife pre- , .I *! future we can. develop this land with a lower dens.ity 1 .. transfers. . I as were present prior to the break. . .. c- , I j serve-and the Community (HUB) Park being so far away i from the population center of the City at this time. j good use of .the land as it would cause increased 1 usage of.the lagoon and would not be compatible with - single family homes in the area. .- . Chairman L'tleureux then proposed that' the hearing be continued to give the Commission and the public time . to digest the information that had been presented and the staff time to give the information to. the Coniniis- sion that they requested. . September 8, 1976. .. .. i Did not see a recreational vehicle park as being a -. L I .. c ** A motion was made that this hearing be continued to ---_. .. Conmissioners discussed some items they would like to be included in the Economic Impact Report - number of people that will be using the lagoon, who will be ; responsible for sSdewalks, landscaping, etc., who will maintain these areas, is it anticipated t.iia>t'. ' '. the State or City will eventually purchase some off this land and if so, at what cost to the taxpaye,rs. . Case No. CUP-123, YMCA of San Diego - Request for '. approval of a Conditional Use Permi.t to operate a residential care facility as provided for in Section 21.42.010, .. .. * .. ' 8. > ': .: ;. Motian Ayes X Abstain Absent -! ' . i A notion was made that GPA-40 be continued to the next ! regularly scheduled General Plan Amendment Hearing date and that it be renoticed at that time. . 9:30 P.M. to 9:40 P.M. - There was a ten minute break {with all Commissioners present at 9:40 as wer'e present at 9:30. NEU BUSINESS Agua Hedionda Specific Plan, General Plan Amendment, and Environmental Impact Report Commissioner Rombotis advised the Commission that he would abstain froin voting regarding Agua Hedionda and i '%i # i i i 1 I I wortld not participate in the hearing of same. i Planning Director Aqatep then briefly outlined the i intent of the Agua Hedionda Specific Plan and reminded i the Commissioners that there would be s. special public 1 hearing on August 18, 1976 at 7:30 P.M. ! lO:lO P.t3. to 10:15 P.14. - There was a five minute breac e with all Commissioners present at 10:15 as were present i at 1O:IO. .la Costa, Partial Master Plan Amendment, Report and : . Recommendation __ r - t Planning Director Donald Agatep gave the staff presen- , I : -! tation stating that the City Council held a Public Hear- . ing on the Proposed La Costa Plaster Plan Amendment on * June 15, 1976. Prior to hearing the matter, the.Counci considered adoption of the new Planned Community Zone. Therefore, certain elements of the Proposed La Costa I Master Plan were not consistent with the new zone. I Council Action directed Staff to return the blaster Plan f to insure compliance with the new Planned Community 1 - Motion Ayes X Absent . I ! Page 4 Ordinance. The Council further directed Staff to pro- t ceed with a partial Master Plan Amendment which would 't allow three areas to be processed independent of the 'total revision. The Partial Amendment involved the I areas known as Santa Fe Knolls, Rancheros de la Costa, . and a resubdivision of a portion of La Costa Vale Unit i No. 2. report and recommendation on this Partial Amendment. The Commission then discussed each of the three areas and their relationship to the the Planned Community . Zone. The Conmission spent a considerable amount of time reviewing La Costa Vale Unit No. 2 as its total ,concept had changed drastically and it was being ---- with "0" side yard setbacks. The Commission was .* proposed per cul-de-sac and the lack of parking. .. The City Council requested a Planning Coinmissio . - A -. I . -*proposed to be a single family residential development very concerned about the number of residences Mr. Fred Morey, Vice President, La Costa Land Company asked the Coniniission to approve this partial anirndment ~ since they had been working on the La Costa Master Plan . for over 1% years and it still was not' approved and they arc unable t proceed with any devclopnicntk until it is approved. He felt it was unfortunate that the P-& Zoae was adopted prior to the Master Plan being adopted . A motion was made to approve the partial amendment as Motion it concerned Santa Fe Knolls and Rancheros de la Costa Ayes but to delcte La Costa Vale Unit No, 2 until the Com- Abstain rnissjon is provided wtth additional information from Absent the staff regarding compliance with the P-C Ordinance. .. ? . .. .-. ..... .. ... . CI I . 1. ~ I X . .* ' KXMORANDUM, c P-UGUST 18, 1976 .. '. TO: FROX: ''i2 ERIC LSON m: , PL1INATIN G COI91X S SI GX , AGUA REDXONDA SPECIFIC PDiN AKD E. I. R. .. . I have reviewd the Specific Plan and EXR, but 1i5I-l be unable to attend nscting of August 18 and would like to =die the follodng niraor comentr 1. Includo a map'locating the 15 achoological sites In tho EXR 2. Index and page cmb6r'icg for ti?e Specific P1.a 3.. Consider seconzary' 'Cih rolJte through Rub Park 4, Consi6er including P-C zocod land rJith thoce subject to design ,-c-:ir 5. lnclude potential Vista Toints aicjng south shore znd'hJ.1Ly arcas to 6. Add an eighth construction poUcy to the Speciiic €'Tan coo~dinatic, grac?ing actidties with precipitation patterus as rcconnenced by ST: St is ny hopo that El2 $507, Gezerzl Plan AmnCzent f+l ad Specific PI, rrill reccive fauorzble coxxisoration icroa t'na Fidag Cocxissioa, 5 ._. . .._ - .. -* . ': .. j .,-; ,: -: ; ;:: ; :: . .. :;.Gt&%e. .7 L -* i. L... . * ys2>.:T:.J. , l.r- ;.. . , . I - -- -EL; jl . -. .. -_ ... .. ._ . ... .. .. .. -. . _... . <.. . t -+ .. .. .. .. , . .-...- .. _. . .. .. .-' ., ' .!a ,. 'L t *. .\ ,I .. EDMUND G. I;ROVrllJ. JR:, GB" ----=; /--" ST A~ OF CALIFCRNIA-CALIFORNIA _II__ ...-.-___I_ COASTAL ZONE CONSERVATION COtAt4ISSlON --II- - -- --.. --~+-'----- h'lALCOLI 'Chairman SA14 plEGo COAST REGIONAL COMMISSION ' '. C 6154 MiSsiord GORGE ROAD. SUITE 220 ' Sktj DfEG0,CALIFORNIA 92120-7EL. (7141 280-6G92 ROBERT 4 vice Chair i .- - .... * - .. -'- .JEFFERY . 4- .. . Reprerenri j3 c E ti ?I E D. . Coraservai' THOMAS Excculive August 17, 1976 California -:. t Kr. Don Agatep , .Plar3l5ng Eirector City of Carlsbad 1200 Elm Street Carlsbad, California 92008 -. ALIG 17 1976 CITY Of CARLSBAD . ' . Pfanning Department .. .. I I .. Dzar Dm, .. . The foT_lor.5ng' torments are offered -to you on the August 11, 1976 draft 0: proposed Ag~a Hedionda Spkcific Plm- 1Eit.h the btent of highlighting tho: areas of greatest intersst or coxcern to us,, and suggest~ix~ what zdditioi infomation in support of the Spccific Pla sppe~r to us io be desirable at this the. Becaus3~ of the shortness of tLme, iile ";aj~~ 5-n the next Tew days, add to -the list below. .. 1, The "Wildlife Freservation Area" ought to 'bz deIbe&ed wecis a matter of record znd adopted by the City.ComcS for submlssior. to the CoinmissioZ. The Plm should ilso consider what buffer'areas might be ne to protect the Preservation Area from the-variety of uses whlicfi could be / permitted on shorefroEt properties, .. .- -Since the ~ap kchded in the draft Specific Plarz of Ailgust 12 is not ve precise, the City should t&e steps to ensure that the pb7_ic kas had SI opportwity to -review md miderstand the "Fresenration Jrrea" boundary li ... ... .. 2. 31 the disccssion of Sensitive F.!i7Ufe Habitats, the Specific notes that, ltlb use shall occur idthin the bounsaries of the *Wildlife . frsserve - Protected Ires1 €or a three-yea- period." Howeber, it shod also be noted that even if this, area is not acquired ;b fee +.5th5n a thr year peri.od, Coastal Plan policies 1,533 still reFire prot.ect.ion of the and adequate buffer areas. This could be accoxplished by providing the property onzcr, who also owns severdl hundred acres of adjacent propert: with some sort of development i;rade-off's on the reminder of his .propel 'Since &a Hedionda Lagoon is identified as one of the state's 19. most productive wetlands 5.n a 1974 report by the E. S. Bureau of Sport Eshei and Kildlife md the California Department of Fish tirid Gme, develo~rrieci would be limited by the Coastal Plan to very,mbor incidental piblic sei facilities, restorative .. measures, ,.. . and nature *Y. ., study. . 1, The Specific Plan shocld contak a cl.earer and more specific g: and verbal description of the location of public accessways to and &onl lagoon shore and their width or range'of width. '4 . < 1 .. 3. ' ., a . .> I . *. [. mn ~if;a~p -- , -1 f I' / / " in addition, it should specify all other dedications for pblic us;, hclud the principal improvements and public amekities to be provided, '4. As noted in, the proposed Specific Plan,' there are still pitential conflicts between the Community Park and the surrounding agricultural had. and"i1dlife Preserve - Protected Akea." A. question also rzmains as to how vehicle access Wiu be provided to the park. Our hope is that the Specific Plan will. be able to resolve the park bmndaries, activity areas and acces: h a way that will €ulfiU the City's desire €or a hub park in this locatic .while at the same time assuring protection of the surround,ing resource are: IIf these problem cannot be resolved within the current tll-ne-frme of the Specific Plan, then perhaps the bomdary of the park could be left undefinc for the time being. * e .. A 5- A major question stjll rezains regarding 'the need for and phsbg of Camon had. "Cannon ??ad shall be. corxtructed prior to or concurrent with the deve9op of the City Hub Park on the' south shore of the lagoon. '.' To this point, our understanding has been that the need for Cznnon' bad is based, to a significant degree, on the long-tern growth projectiom e2st o El Camin@ Peal. The Alien K. Voorhees ckcu-lahon mdys2s indicates that Cannon Eoad.is 120% iTJilt, traTfic from east of El Cax~Lno %a2 ~5511 be car? mainly by Tamrack and Palomar Airport &ad, ht it does not Sndicate ho-i: close to cspacity these roads are at nor;', nor whether the mticlpated 'ire-,,: tlemmd could reasor:ably be accoriritodated by .viden5-ng Taiarack and/or Palom kirprt &ad rather than by constructing the Cannon ?Gad extensior,. 'Disci? of these points iy the City would be helpzd. to us in e%iluating the Specj. Plan proposal loor constructing Cannon Road. 1,kQ-e we recognize that a hub park mst have vehicular access for the pbl we'are st,iU. concerned w6th the direct md indirect i~pacts of a region?l derial road on the agriculture1 uses south of the @a Hsdionda Lagoox Therefore, we would suggest that the City consider providiyg a two-lane ac . road to the park 25.211 alt,ernatlve to cons';rzlct~g Camon J%ad, .If..the G5 chooses 'io propose the constructioL of Cannon Read as a put of this Spec5 Plm, we would repest, as we did in our letter to the City on May 24, 1% that it poxride us with: a) the population projections .2nd development assomptions on which the med €or Cannon Road is based; ad b) & detailed. program for the accpisi'tion of right-of-way and construction of Cannon Re? .. includbg specific grcwth and development "milestones" of the areas serve( 6, -With respect to development of the Parhonia site, the Coastal fli policies call €or weighing "the econon5c value of continued agricultural production.. . . . against the potential benefits resulthg from conversioc.. . (for instance, encouraghg the, ,concentraLion of development within existil developed arezs), In 'addition, the Coastal Pi-& calls for considering a mber of factors 'in desi.gnai.ing individual agricultural pmcels for wba developn:ent, including "whether the parcel could provide recreatiocal use Circulation Policy l(d) in the Specific Plan states that . . . .by Cannon bad, to which its phasing would be. tied. ._ .. .. .. , '. .. *_ .. *. I / .I- , '. /Ik. Don JGatep 3 .. , . . .* August 17, 19.76 *. i. *,: ., i ' -. .. . L ," : ' i' ' Therefore,. it seems to us that.if Pannonia is .to be committed to other th agricdtural production, significant public use menities, such as an tToy park" at its southern end, should be pro\ided as a part of its developnm providing the &-lane Highland-Hillside lirif: between Park Drive apd Taiiar, Avenue, tieing %he timing of any associated impovercent to 6evelopment le- The progrm should be designed to provide the widened rcad as developmept occurst not after the demand has been created following developnent.of tht The Specific'Plan Should be more precise in defining the.exLent ; 1' *. 7. A more specific progrm should Be included in the Specific Plan .. . North Shore. 8. form of the City's responsibility -for minta5nhg all. public iireas. As we now understad it, the Gstitution of a design relrier.; Grace fpr the kea kdionda will'be doEe in three par-Ls. Fkst, the inc!xsion o -.-_I- only ve-rv ceneral design cri'ieria in the Specific Flvl Itself, second, a d review ordimme zrci third a dssign rev5ei.i r,mdal. If t'ne lest two a-e to be adopted later OT;~ €oUowi~~g the adoption of the, Specific Plan, the Spc: Flan should: 1) clearly recognize them as ivplemen'iirlg devices of the gene: design mikeria; znd 2) present the design guidelines in a uniform level 0: detail. 10. . . 9. It -seems to us thzt it wmld be hglpl'ul to careFLLly examine whzt the coifipsite of all the. criteria coK%ined'-in the Specific Plm (inclU&~~ detailed design review criteria) mean then q?lied 'to the key properties hithin the l'P1.wL~~~ kea. It Cou13ci.l'~ md p~blic*s benefit as soon 2s poss5ble- . In~sum~~, while xe 'chink that -the.&aft Spcific Plan is a good docurneRi? we would like to Eee SOEE: added specificity in it, particular-ly regzrGkg -the pbEc arees,. hp-ovements znd menities to be prm5ded in the "Plamh~ Area". . le hope that these con-iments t~ill be helpful to you and we wo6ld, 'of course, be glad to discuss any of them an6 others at your convepknce. Very truly yours, . .p"-- anel t+Gain We would saggest doing that for Gowmissioi:s; , .. .* . ... .. ,. > .o .. (I&&'. .'. " l3;fl Schoop, AIP - Chiex flz Chief Planner St- c Commission San Diego Coast Regi-onal _. CcmmissioE .. .. *- -! ' *- ,( .. <; < DG:EJS: sel .. .. ,' .. . . .. . . .* .. .. 0. *- . .I *-