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HomeMy WebLinkAbout1976-06-01; City Council; 3528-4; STATUS REPORT AGUA HEDIONDA LAGOON PILOT PROJECT% . ID- ' 'CITY' 'OF. CARLSBAD . ,m 7 T' j ,* 'I.. Initial : AGENDA E I.LL NO. ' '3528,' 'SU~~LEMENT' #e DATE:' Dept. Hd. City Atty City Mgr. .. .............. .......... June' 'T, 7 975 DE:PARTMENT: ' ' ' ' .PCAiNNI"G .......... - .................................... SUBJECT: STATUS R'EPORT - . AGUA HEDIONDA LAGOON PILOT PROJECT .. ......................... ........ 'Statemerit of 'the .Matter - The City of Carlsbad was selected as one of nine projects in the 5 of California which are intended to test the proposed policies of California Coastal Conservation Plan. The work prograrn adopted bj the City and Regjonai Commission provides for a, status report at t completion of each of three phases. The attached status report addresses the final stages of Phase I1 which is the preparation of a draft Enviurnmental Impact Report on proposed Agua Hedionda Specific Plan. Project. The status report c . minor work to be accomplished as part of the EIR. review process. ' The i;ro.iect Staff and Pianninu Cirector. have i~iei with officials .ar 'representatives from the State Lands Commission, St.ate Departmenl Fish and Game, .State Department of Parks and Beaches, State Coast; Commission Staff, SDG&E and.U. S. Corps of Engineers. All affectc agencies have concurred in the City's approach to the Specific Pl; and are in general concurrance-but will reserve comment for the rc period. Exhi bi t: Status Report of April 30, 1976 - Recommendation: .Staff recommends the City Council receive the report. If there ai additional instructions which the Council feels are significant tc Specific Plan Proqram, the Council sil-oul@ instruc3 the -. Staff to incorporate their concerns. . Council :action 6-1-76 The Council received the report and ordered the report fi' .. 7 1 T 0 @ * PROGRESS REPORT - AGIJA HEDIONDA LAGOON PILOT PROGRAM April 30, 1976 Background: Tn January of this year, the City of Carlsbad entered into a cc tual agreement with the California State Coastal Comission to prepare a Pilot Program for the development of a Specific Plan (pcsuant to applicable Government Code Section) designed to dc methodologies and procedures through whcch local governmental i would administer and implement policies of the Coastal Tlan. i about the same time, a group of property owners retained Rick 1 to assist in the preparation of the Specific Plan for the devel ment of private property within the Agua Hedionda Lagoon Specil Plan study area. It is significant to note that this effort was ported by financial contributions from owners representing 93% private property involved. The property owners' consultant wa: instructed to cooperate closely with all public agencies involT and to make every-effort to see that the plan would be consist€ with local planning policies and the relevant policies of the I Coastal Plan. This rather informal commitment has evolved intc close orkin kin- zrran;gerr,zr,t em,c?ng all staffs cmcemed, and the I Plan which, with its attendant reports and policies, will be er by both public and private interests. Work Program: Previous reports to the Planning Commission and City Council, j the Phase I status report, have outlined the general course anc of the study; this report-will summarize the work accomplished in achieving these objectives. The four major work elements consisted of: The planning area upon by all agencies involved. slightly less than the study area.) Review Cctastal Plan and identify applicable Coastal PC which affect the Agua Hedionda Lagoon study. (Comment: We ha\ previously reported to the Council that these policies have bee identified, and that there are few if any significant inconsist between Coastal Plan policies and the City's General Plan poiic A great deal of di.scussion has been directed toward re'aching mL agreed upon de.finitions of terms and basic intent of policy st2 Progr~ Ltsc~~ ?z xi1-1 ~-n,z:;lt in ar; adioptai CiLy of C~rlsLd Specj (1) The delineation of the study area boundary. (Comment: and study area boundaries have been mutual11 The total area of this Plan is (2) 0 e AGUA EDIONDA LAGOON PILOT PROGRAM PROGRESS REPORT (Continued) For the most part, we have been successful in reaching such an standing, but there are still differences to be resolved.) Identify City plans and policies affecting the study i which may be impacted by the Coastal Plan. (Comment: The ide1 fication of these plans and policies was accomplished at an eai date in the study (Attachmt A '-*--?-. ) and the City Staff 1 adhered to these policies (Coastal Plan Ordinance, City) in all discussions with the other agencies and groups. City Staff fec that these policies are consistent -with the intent of the Coaz Initiative when the voters approved Proposi.tion 20, and City PC can be interpreted as being consistent xFth strtements in the ( Plan in its present form. ft,is zatlcir-ted zk-t the Pilot Prc will suggest to the City CourcLI that zzrtain ??.ditional policj adopted, and that furthzr de:lzlzicns szci refizements be made t existing policies.) (4) Determine Specific Plan paramzte-s LLTsluding environmc impacts. (Comment.: This item is, in effect, :he subject of tk Status : Neither the Carlsbad General Plan nor the California Coastal PI imply that development shmild cease; both ap str0~~177 uJ consist5 hox-ever, in their insistence that new developments in the coast zone must be carefully analyzed for their environmental coastal resource impact before the approving agency makes its decision. The Land Use Element of the Carlsbad General 'Plan constitutes c form of a policy statement as to how much development might occ one of the first tasks of this study, therefore, was to determi the existing environmental setting against which the possible i of General Plan implementation could be reasonably measured. 'I required the gathering of detailed qualitative and quantitative on the natural resources of the area; man's history as it relat the Lagoon and land forms; and the study area's value in relati the Northern San Diego Subregion. The inventory of findings is * tained in reports dealing with Geology, Soils, Hydrology, Offsf: Hydrology, Water Quality, Meteorology, Air Quality, Flora and E: Water-associated Avifauna, Intertidal Systems, Noise, Archeolog public Utilities, Community Services, and Recreational Faciliti (See Enclosure "A"). The alternatives to the land uses shown c the General Plan will be a series of recommendations reflected proposed Specific Plan which have been considered in relationsh the above information. (3) ... .' -- -. ^"<A< i *?-- f -_ i report. ) t, .. *.- .u1- - *- 4::- +% > 1- .. -2- 0 0. I' ;r AGUA HEDIONDA LAGOON PILOT PROGRAM PROGRESS REPORT (Continued) One of the factors which has caused some delay in carrying out work prograa schedule is that there are more governmental agenc who feel they have an interest in or urisdiction over the lagc , City Staff has had such agencies is included as Enclosure "Bit number of discussions and/or written communications with repres tatives of alL of these agencies, and some of our contacts have additional problems and issues that the study must resolve or a least recognize. Two of these are especially significant: The U.S. Army Corps of Engineers now claims Permit Aut extending to the inner lagoon. This means that any constructio dredging or filling within the mean-higher-high water line is s to a Permit application to the Corps. A "mean-higher-high wate has been established by an official survey but not-recorded nap prepared by the Corps. Recorded or not, however, there is litt doubt about the Corps jurisdiction covering the above-mentioned activities. (2) The State Lands Commission is currently conducting stu of the three Lagoons in San Diego County. They have published report on the San Elijo Lagoon. This report carries a conclusil that could have far-reaching effects: in the opinion of those ~dlvl&izls ::?a cciznd;lztd :he siudy, the State has proprietary on ail tne water and tidelands area. While the State Lands Corm has not yet initiated their study of the Agua Hedionda Lagoon ( same arguments for ownership used in their conclusion on Sa71 Elj may not necessarily apply), the possibility daes exist for a prc tracted legal argument over ownership. It is possible that thiz controversy can be avoided, at least for a good many years. It I appears that the State's main concern at this time is: the right ublic to use and have access to the water areas of the lagoon, :f such right is assured, the question of ultimate ownership ma) become a secondary issue. It is proposed that new agreements be secured between the City of Carlsbad and the San Diego Gas and Electric Company (owner of record) to assure the public's long-t right to use the surface of the Lagoon. Conditions that now app under the short-tela lease agreement should be retained. The several meetings among staff members, Coastal Commission rep sentatives and property owners have resulted in a concensus on s land uses for nearly every parcel within the agreements, of course, remain. Most of these should be resolved the completion of t:he Environmental Impact Report and through analysis of possible mitigations. The extent of the commitment the plan for agriculture, €or instance, has been a major cancern Coastal Plan Policies and the Coastal Commission staff.. The agr waters and watershed area than initia I ly- anticipated. A list (1) study area. Some -3- $3 0 0- I, AGUA HEDIONDA LAGOON PILOT PROGRAM PROGRESS KEPORT (Continued) cultural conversion issue must be totally consistent with propc tal Plan findings and Policies. For this reason, the Staff ha: it necessary to develop a very explicit work program for the ai cultural element which required an expenditure of staff time nc originally anticipated (See Enclosures "C" and "D") . This proi does, however, provide a methodology that should be useful to c local jurisdictions if and when they are called upon to admini: the Coastal Plan. It has also caused some of the agencies pres involved in the agriculture industry to reexamine their recordi reporting procedures and their relationship to land-planning de This reaximination. could well result in more helpful informatio being made available to cities and counties i:n the future. The most sensitive area, insofar as future development is conce is the easterly portion of the lagoon subject to tidal inundati marshland area provides the habitat for a surprising variety of some of which are either endangered species or on the "blue lis early warning system for designating species that are approachi endangered category). Providing protection and preservation of this type of marsh habitat is a major element of the Coastal P1 and was one of the most significant issues presented to the Sta electorate in the 1972 Coastal Initiative. This preservation pi is also consistent with the current goals and policies of the Cc General Plan. Several agencies and qualified individuals (experts) have partir in defining the areas where preservation is necessary fcr consisl with the cited policies. There ha.T:e been varied recommendation: to the extent of such areas. Certain portions of the habitat ha been agreed upon unanimously. A large portion. of the sensitive ecologically valuable marsh area is presently owned by the Kelly family, with a portion being within the park boundary leased by City from San Diego Gas and Electric. Mr Kelly's land uses are studied for modification that may be able to accomodate the pri of preservation while still protecting basic property owner deve ment rights. It is therefore understood that complete preservat of these prime ecological assets may require acquisition by a pu agency, but all adjacent uses must also be carefully planned so additional human activity will not significantly affect the inte of the protected marsh resources. The acquisition and continued tion will require that the City's Specific Plan address the issu Natural Resource Management, and a reasonable management program which would necessitate cooperation with State Fish & Game. The existing Specific Plan for the San Diego Gas and Elecllric prc perty at the westerly end of the lagoon will, :€or the mcst part, be incorporated into the overall Specific Plan being prepared as result of this study. Our analysis of the environmental data at point, however, has made it apparent that the City will consider amendment that may (delete reference to a future plant site on the -4- I 0 e "I t' AGUA IIEDIONDA LAGOON PILOT PROGRAM PROGRESS REPORT (Continued) side of the freeway. This issue is presently being discussed F, the Company. One of the critical factors relating to land use intensity with the study area is the street/circulation system. pattern has been well established on the north portion by actua construction. Future implementation of the major street plan a particularly future construction of Cannon Road along the south has been questioned by the Coastal Comission Staff as to its c sistency with Coastal Plan policies. A detailed traffic study has been completed by Voorhees Enginee in conjunction with.the Carlsbad Engineering Department. analyzed several alternatives, including the alternatives of no further construction of planned streets except for the completi of Tamarack to El Camino Real. The major conclusions of this s are : The existing street system of the northern portion, asl planned extensions and connections are made, is adequate to ser- the proposed land use plan. A minimum four-lane construction i: necessary on Tamarack Avenue and Park since any deletion of pro. posed connections or extensions would require additional lanes ( existing streets. If Cannon Road is not constructed, fursure traffic gene standards) burden on the existing and planned street system nor A street connecting the future extension of Cannon Roac with the northerly street system should be provided well to the of the lagoon and far removed from the sensitive wetlands area. The Specific Plan will specify right-of-way widths, proposed crc sections, and supplementary design standards for all existing ar streets in the study area. At the present tiiiie, we are: mitigations preparatory to the completion of the Specific Plan. The basic ' This (1) (2) east of El Camino Real will place an unacceptable (to trafc' L1C SI of the lagoon. '. (3) (1) (2) Completi% the agricultural work program. (3) Concluding our impact analysis and review of possible Preparing recommended procedures and administrative str tures for design review. -5- m a - , .. *I . AGUA HEDIONDA LAGOON PILOT PROGRRM PROGRESS REPORT (Continued) (4) (5) Preparing a possible park usage plan. Developing a management program, together with recommei policies, for the provision of public improvements within the a- It is still our hope to initiate public hearings on the plan SOI time in June. m/nAA: cpl (May 12, 1976) \ -6- Ap~il 9, 1976 Mr. Lawrence 1315 Crestrddge Oceanside, CA 92054 Dear Mr. $agley: Attached herewith is the original copy of an Agreement between yourself and the City sf Carlsbad for plannfng consultant services for Wgua Hediowda Lagoon. It is requested that you sign and return the original document to the City ClerkBs Office as soon IS possible. Also enclosed for your fSles 9% a copy of the above agreement as well as a copy of Resolution No. 3874 approving same which was adopted by the City Council on April 6, 1976, Thank you for your prompt attention to this matter. Sf ncerely, MARGARET E. ARAMS City Clerk MEA:pr Enclosures (3) "- ___ - - -