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HomeMy WebLinkAbout1976-12-07; City Council; 3528-6; Agua Hedionda Specific plan-0 CITY OF CARLSBAD a 4 ~. Qt. AGENDA BILL NO. 3528 SUPPLEMENT 6 Initial: Dept . Hd . . C. Atty. DATE: DECEMBER 7, 1976 DEPARTMENT: PLANNING DEPARTMENT C, Mgr. , Subject: AGUA HEDIONDA SPECIFIC PLAN Statement of the Matter On November 23 the City Council made its recommendations to staff to the Aqua Hedionda Specific Plan text and conditions of approval Council's recommended chanqes have been inclirded in Section IV of attached staff report. Exhibits: Staff Report, dated December 7, 1976. Recommendation: That the City Council certify EIR #329, and direct the City Attorr prepare the necessary documents for approval in concept of the Aqi Specific Plan (SP-179) and General Plan Amendment (GPA-41). Co.unci1 action 12-7-76 Staff was instructed to make recommendations regarding 1 of commercia-l use along 1-5, and that the rnatter'be reti the Council at its meeting of December 21 , 1976. Counc- Casler requested a map showing the commmercial use alret approved along the freeway. 12-21-76 Council certified EIR 329 with the exception OF the com area at Cannon Road and 1-5 and approved in concept the submitted with the amendments of December 7, 1976 and D 16, 1976, and added a commercial designation in concept -- corner of Cannon Road and 1-5 and authorized forwarding Plan to the Coastal Commission. .T e 0 .c STAFF REPORT December 16, 1976 TO: CITY COUNCIL FROM: PLANNING DEPARTMENT CASE NOS: GPA-41, SP-179, EIR-329 SUB J ECT : ANALYSIS OF COMMERCIAL LAND USE DESIGNATION FOR PORTION OF SDG&E PROPERTY EAST OF 1-5. Council Directive Staff was directed to analyze and make recommendations concer. impacts and extent of a Commercial Land Use designation for a of San Diego Gas & Electric property, adjacent to the east si 1-5, north of Cannon Road. Council woman Casler also request a map be included showing Commercial sites already approved a 1-5 corridor. DISCUSSION General Plan Land Use The General Plan has provisions for eight different commercia ignations: 1. RRI Intensive Regional Retail. 2. RRE Extensive Regional Retail. 3. RS Regional Service. . 4. c Community Commercial. 5. N Neighborhood Commercial. 6. TS Travel Services Commercial. 7. RC Recreation Commercial. 8. CBD Central Business District. Size and/or location would immediately eliminate N and CBD. E adopted General Plan guidelines, it would be difficult at thi to justify RRI, RRE or C. The guidelines state that the typc amount of commercial uses should be limited to those which CE be supported by a trade area. The Land Use Element also stat future regional commercial development should be limited to f Regional Shopping Center, the downtown core commercial area z and Cannon Road. The three remaining commercial classificati could be applied to the subject property are RS, RC or TS. The TS designation is appropriate only on a small portion of because it is limited to uses such as service station, restal and assessory travel dependent uses. The remainder would thi be designated either RS or RC. .-_ - Tri-City Auto facility located southeast of the intersection -1- 8 Zone Consistency a ...c In choosing a Land Use category, the ultimate zone needs should considered. Presently not all of our commercial land use cate have consistent zone designation. The City is in the process develping a zone to implement the TS category. However, at th the most compatable zone for RS is the C-M zone. The question would need further City Council examination is the appropriate of the uses allowed in the C-M zone, such as: Building materi storage, cabinet shops, laundries, machine shops, body and fen shops, etc. An RC designation, as defined by the General Plan general appropriate uses but the most appropriate zonin is RT also need examination. All of the present commercial areas shown on the Land Use Plan either existing uses or were specific uses requested by indivi property owners. This would be the first time the City appro\' commercial designation without the advantage of having develoi to reviewor property owner input as to the desired commercial If a "commercial" designation is indeed desirable, the City Cc might wish to adopt in concept a "commercial" area leaving the land use designation for further input and discussion. Prior to a specific commercial designation being made, the En\ Impacts including Traffic Generation Studies would have to be and a subsequent addendum to EIR-329 would have to be attache( consideration of implementing a commercial use is the overall the Specific Plan, that is to apply coastal plan policies as 1 to city policies. A commercial designation of this area woufc conflict with the Coastal Act, specifically policies dealing v servation of coastal agriculture. A response by the State COE Commission Staff is attached to this report. permit residential use. Overall impacts of this zone c 9 assifi Major Planning Considerations In choosing an appropriate land use designation, the Council 5 consider three points: 1) SDG&E'S expressed concern of land "useability". 2) Policies and intent of the State Coastal Act. 3) Goals and policies of Carlsbad. ___. -- ___- A1 ternatives For City Council information previously presented alternative also been included. -2- - -- I. P - 0 1) Alternative 1: Retain General Plan land use designation OS, tain the current land uses (transmission corridor and agricul Other uses would be allowable by CUP. Subsequent action would re z A. Rezone all land so designated as "OS", or j B. Amend the SDG&E Specific Plan by deleting the "Site ! FutJre Power Plan" and rezone porti3n to P-U with L under such zoning controlled by the Specific Plan to utility transmission, agriculture, and recreatii is consistent with the General Plan designation as the uses in such zoning are limited by the control' Alternative 2: Leave the "OS" General Plan Land use designa most of the property, as it is now designated, but extend thl Plan land use Public Utility 'IU" classification to a portion property as determined by the City Council. If this a1 terna chosen, that portion of the property would be retained as "P the General Plan would have to be amended to show a Public U ("U") Land use designation. Specific Development would be s conditions placed by the City Council on the Agua Hedionda S Plan limiting uses to assessory public utility development, transmission towers, storage, or substation facilities). Th Specific Plan would subsequently be amended to reflect this Alternative 3: Designate the area in question RC, RS or a c TS and either RC or RS. Subsequent action would require: i This would require a separate finding that the "PU t i' by the Specific Plan. 1 i ? A. Rezone all land so designated "commercial". 6. Amend the SDG&E Specific Plan to reflect the cornme designation. 1 C. Add an addendum to EIR-329. 3 ; A1 ternative 4: Designate in concept the area as commercial, i 3 poning a specific designation subsequent to further discussi input. This would allow the Council more time to consider f environmental and General Plan consistency analysis, and a1.c the opportunity to receive State Coastal Commission deposit JS/DW/ar I - - ---_ _____. ____ - I -3- a # EDMUND G. BROWN, JR., GOvl MALCOLF Chairman ROBERT Vice Chair JEFFERY - Represent California Conservati THOMAS 0 0 STATE OF CALIFORNIA-CALIFORNIA COASTAL ZONE CONSERVATION COMMISSION SAN DlEGO COAST REGIONAL COMMISSION 6154 MISSION GORGE ROAD, SUITE 220 SAN DIEG0,CALIFORNIA 92120-TEL. (714) 280-6992 December 15, 1976 Executive Dana Hield Whitson Assistant Planner City of Carlsbad 1200 Elm Avenue Carlsbad, CA. 92008 Dear Dana: Ln your letter of December 10, 1976 you asked, pursuant to your City Council whether our staff regards commercial designation for the San Diego Gas and El land known as the llfuture power plant site" on the south shore of the Agua HE Lagoon east of Lnterstate 5 to be consistent with the provisions of the Calif Coastal Act of 1976. Since the land in question is considered prime agricultural land, as defined Coastal Act, it is our joint staff conclusion that commercial designation for "future power plant sitef' would be inconsistent with the Coastal Act provisic pertaining to the conversion of prime agricultural lands, The Coastal Act specificaLly requires the protection of the maximum feasible of prime agricultural lands in the coastal zone. the Act states: In particular, Section 3021 Y3.e maximum amount of prime agricultural land shall be maintained in agricultural production to assure the protection of the area's agricultural economy, and conflicts shall be minimized between a@icultural and urban land uses through all of the following: . (b) By limiting conversions of agricultural lands around the peril of urban areas to the lands where the viability of existing ai use is already severely limited by conflicts with urban uses : the conversion of the lands would complete a logical and Viabl neighborhood and contribute to the establishment of a stable 1 to urban development. By developing available lands not suited for agriculture prioi conversion of agricultural lands. (e) .4 e 0 -2- .v With respect to conversion of non-prime lands suitable for or in agricultura: production, Section 3O2@ of the Act states: 30242. All other lands suitable for agricultural use shall not be conm to non-agricultural uses unless (1) continued or renewed agricultural u: not feasible, or (2) such conversion would preserve prime agricultural : or concentrate development consistent with Section 30250. Any such per1 conversion shall be compatible with continued agricultural we on surrol lands. If we may be of fufiher assistance to you, please don't hesitate to let us k Sincerely, 9- Daniel Gorfain, Chief Planner State Coastal Commission __ .- - .- 0 0 STAFF REPORT December 7, 1976 TO : CITY COUNCIL FROM: PLANNING DEPARTMENT CASE NOS: GPA-41, SP-179, EIR-329 SUBJECT : AGUA HEDIONDA SPECIFIC PLAN I. EIR: The draft Environmental Impact Report for the Agua Hedionda S Plan was sent out for review on June 8, 1976. The public and ested agencies had 54 days in which to review and comment upo Draft EIR. In this particular instance, the EIR was used as a working tc the development of the Specific Plan. The project was initia defined as the City's General Plan. As impacts were identifi mitigations proposed, and a1 ternatives analyzed, the directic the Specific Plan became apparent. The City Staff has utilized a new format for the Final EIR. past corrections and additons to the Draft EIR (per the comme reviewing agencies) were supplied as addendum to the original ument. For the Agua Hedionda EIR, the entire document has bt vised in response to comments from reviewing agencies. The ( from reviewing agencies have also been attached. RECOMMENDATION ON THE EIR: Staff recommends that Final Environmental Impact Report #329 cluding all comments received at the public hearing) be cert' as having met all requirements of the Carlsbad Environmental tection Ordinance of 1972 and the California Environmental QI Act. F I N D I N G S : 1) The draft EIR was properly noticed and reviewed. 2) The comments received from reviewing aqencies have been 3) The identified impacts of the project can be adequately adequately addressed in the Final EIR. mitigated. -1- 0 11. SPECIFIC PLAN: 0 The Specific Plan for the Agua Hedionda Lagoon was formulated on the information contained in the EIR input received from 0' agency staffs (particularly the California Coastal Zone Consei Commission and Rick Engineering), comments received at four ii citizen meetings and revised as the result of six public hear RECOMMENDATION ON SPECIFIC PLAN: Staff is recommending that the City Council adopt the Specifil IN CONCEPT and then forward it to the Regional and State Coas Commissions for certification. In this way, the Council can wait to formally adopt the Speci until the Coastal Commission has acted on certification. Thi the possibility of going through formal adoption of the Speci twice should the Coastal Commission recommend revisions. Staff recommends that Specific Plan 179 be APPROVED IN CONCEP tained in the following exhibits: 1) Exhibit A; Land Use Plan 2) Exhibit B: Scenic Route Map. 3) Exhibit C: Street Network Plan. 4) Exhibit D: Bike Route Plan. 5) Exhibit E: Pedestrian Access Plan. 6) Exhibit F: l*lildlife Preserve --- Protection Area. 7) Exhibit G: Proximity to Existinq Development. 8) Exhibit H: Availability of Services. 9) Exhibit I: Environmental Suitability Map. 10) Exhibit J: Phasing Plan. 11) Exhibit K: Vista Points. 12) Exhibit L: Specific Plan Text. 13) Exhibit M: Conceptual Plan for Combined Pedestrian and 14) Exhibit N: Conceptual Plan for Lateral Accessway. 15) Exhibit 0: View Preservation Concept. Bicycle Trail -2- 0 @ FINDINGS: 1) The Specific Plan implements recommendations for the La Element, Circulation Element, Open Space and Conservati Element, Noise Element, Parks and Recreation Element, 5 Safety and Geologic Hazards Element, Scenic Highways El of the General Plan in the following ways: a) It implements the Lagoon Guidelines and Special Tre Area Guidelines of the Land Use Element; b) It designates an integrated circulation system, in( provisions for automobiles, bicycles, pedestrians E pub1 ic transit; 'c) It identifies environmentally sensitive areas and 5 dards for their protection and preservation. d) It identifies future and existing noise problems ar ommends measures for their mi tigation; e) It proposes a full range of park and recreational i for the lagoon; f) It identifies geologic hazards and proposes measurf the impact of those hazards. g) It designates scenic routes and proposes special s' for development adjacent to those routes. 2) The Specific Plan (SP-179) is based on an optimum balar environmental protection of the lagoon's resources, thc right of access to and recreational use of the lagoon, continued productive use of lands around the lagoon. 3) The Specific Plan proposes a phasinq plan to assure thi facilities are provided concurrent with need, and are ( in an orderly manner. 111. GENERAL PLAN AMENDMENT Rather than treating the General Plan Amendment and the Spc as the same action, the General Plan Amendment (GPA-41) wi' only those properties which will have their land use desigi changed on the Land Use Map of the General Plan. This is < Exhibit A for GPA-41. RECOMMENDATION ON THE GENERAL PLAN AMENDMENT: Staff recommends that General Plan Amendment 41 be APPROVE1 as shown on Exhibit A, dated August 18, 1976. -3- 0 0 FINDINGS: 1) The amendment will help to best meet the intent of othe Plan policies, as well as those policies of the Califor P1 an 2) The proposed land use changes are based on detailed ana the environmental effects the various land use alternat 3) The land uses chanqes will not adversely affec,t surroun erties. ' A) Cannon Road Council Directive: The Council voted to have wording included in the Specific which would preclude premature extension of Cannon Road east El Camino Real. The extension would be timed according to projections provided by the Engineering Staff. Alternative alignments of the road based on environmental consideratior connections to the north shore were discussed, but no speci action was directed. RECOMMENDED CHANGES: Reword Conditon #35 of the Specific Plan Conditions of Appr page 22, B. l(e) of the Specific Plan Text as follows: "Improvements to Cannon Road to its ultimate 102' right of extension of Cannon Road easterly from the Community Park t Camino Real shall occur as regional demand increases and a1 essary mitigations can be met. Regional demand shall be de by the City Engineer, based on the prevention of excessive volumes on Highland/Hillside, Park Drive & Tamarack Avenue DISCUSSION: Even though the premature extension of Cannon Road to El Ci may be "growth inducinq", it will primarily act as an altei for east-west traffic in the Tamarack area. This is very i because most of Tamarack Avenue was never built to "arteri; ards. If Cannon is not constructed, then Highland/Hillsidc and Park will have to carry more traffic than they were evc for. B. Highland / Hillside Council Directive: The Council stated that Highland/Hillside should remain a collector street, but should eventually be provided with s provements (curbs, gutter & sidewalks). The Engineering S -4- 0 0 directed to study various alternatives for accommodating fut trips qenerated in this area (i.e., one-way couplet with Jam Drive or widening of adams). RECOMMENDED CHANGES: Delete Condition #32 of the Specific Plan Conditions of Appr and paqe 22 B.l (b) of the Specific Plan Text. Insert in it the following wordinq: "Hiqhland/Hillside between Park Drive and Tamarack Avenue shall be maintained at its present two-lane status. The City Engineer shall study alternatives for accommodatina traffic volumes anticipated in the Highland/Hillside area and shall submit his rec ommendations to the City Council within 180 days after the adoption of this Specific Plan". DISCUSSION: The alternatives for redirectinq future trips generated in t land/Hillside area may also be im~acting. One important fac that for trips originating in the vicinity of Hillside east the most direct route to Tamarack and 1-5 is via Highland/Hi In order for an alternative to be effective, the vehicles wc have to be forced to use alternative, less direct routes. 1) Widening Adams will do little more than divertinq a smal of traffic that would be usinq Park Drive, especially i eventually cuts through Pannonia. Huge cuts and fills v required along Adams to make it a four-lane facility. 2) One-way couplet systems seldom work effectively in resic areas because of the numerous driveways affected, the or siqninq required, and in this case, a substantial diffeu in elevation which results in too much circuitous trave; 3) By providing turn lanes, and by eliminatinq the on-strec parking, Highland/Hillside would be able to handle the [ traffic volumes. C. Kelly Extension to Cannon Road Council Directive: The Council felt it was important for a more direct route tr vided from the north shore to the Community Park. Staff wa to study the possibility of Kelly Drive extension beinq des across the western extreme of the upland wildlife habitat. RECOYMENDED CHANGES : A condition and circulation policy should be added as folio\ "The City Engineer shall study the feasibility from an overall traffic circulation and environmental stand point of extendinq a road (Kelly Drive or Pa Drive extension) across the Vildlife Preserve to -5- i. 0 0 connect to Cannon Road. The City Engineer shall report his finding to the City Council within 180 days after the adoption of this Specific Plan". DISCUSSION: The proposal to extend a direct route from the North Shore t Hub Park is beneficial in reducing trip length and savinq en However, the following anticipated adverse impacts should a1 studied: 1) Motorists will begin using Kelly Drive as a short cut to Road, Interstate 5, therefore further impacting the exist residences along Kelly. We have already had several corn and the street has only 1/10 of the anticipated traffic to extend directly to the south. 2) Bisecting the wildlife area will have a detrimental effe the entire ecologic system. Once a road is constructed, virtually impossible to abandon it, so careful roadway p must be exercised, especially in ecologically sensitive D. San Diego Gas p1 Electric property east of 1-5 designated Utility Subject to Future Specific Plan". Council Directive: The Council deleted the PU desiqnation and decided to maintz existing Open Space designation. The City Attorney advised that General Plan Consistency for this property could be ack two ways : 1) The Council , upon adoption of the Agua Hedionda Specifi would have to rezone all S.D.G. & E., property on the Sc of the Inner laqoon as Open Space (OS); or, 2) The Council, in addition to deletinq all reference to a power plant site, would need to amend the Encina Power I Specific Plan (SP-144) by insuring that only appropriati Space uses (i.e., electrical transmission corridors and are allowed on the South Shore of the Inner Lagoon. RECOMMENDED CHANGES: Exhibit A of the Specific Plan has been changed to reflect Space designation of all S.D.G.&E., property east of 1-5. designation has also been deleted from GPA-41. Condition #8 of the Specific Plan shall be revised as follows "Within 90 days of approval of this Specific Plan, the City shall take the following actions to re- concile the Encina Power Plant Specific Plan (SP- 144), the land Use Element of the General Plan, a Title 21 of the MuniciPal Code (Zoning Ordinance) with the provisions of this Specific Plan : -6- 0 0 a) Amend Ordinance 9279 which approves the Encina Power Specific Plan by deletinq reference in Conditions #1 and to the future power plant site east of Interstate 5. b) Amend the Land Use Element of the General Plan to show a munity Commercial designation on the Japatul parcel loca the Northwest intersection of 1-5 and Cannon Road, consi with the existing zoning for the property. c) Rezone the flat portion of the S.D.G.8 E., owned land on North of the outer lagoon as RD-M and the slope leading to the lagoon as Open Space, to be consistent with the G Plan Land Use designation. d) Rezone the S.D.G & E., property on the South Shore of tt- Lagoon to Open Space (OS)." DISCUSSION: In analyzing the Open Space desiqnation, the City Council st- bear in mind the State Planning Act as it applies to consist zoning with General Plan classifications. An alternative acti achieve consistency on the property on the South Shore of tl- Lagoon would be to amend Ordinance #9279 by addinq a conditi follows: "Only appropriate Open Space uses shall be allowe on the property south of the Inner Lagoon, east 1-5 (i.e., agriculture, transmission corridor ai community park). Any other uses would be subjec to future Specific Plan amendment." E. Density Council Directive: The Council directed staff to develop a mechanism which wou' the Council to review residential densities on a project by basis for those RM, RMH and RH areas abuttina the North Shoi RECOMMENDED CHANGES: The City Council should adopt a Land Use Policy in the Spec. Text and a Condition of Approval as follows: "The City Council shall review, on a project-by- project basis, the densities for all residentia properties abutting the lagoon. The Council ma by resolution, allow residential densities in excess of the minimum quaranteed by the General Plan. However, no project may exceed maximum allowable General Plan density. Projects which do not exceed the minimum quaranteed density ar exempt from this requirement." -7- 0 0 DISCUSSION: The Council suggested, at one point, that the possibility of density review with design review should be explored. Staff proposal (subject to future council approval) is that design should be performed bya board of qualified professionals and This board should not, in Staff's opinion, be empowered to r( project densities. If design review and density review are combined, final authority would most probably have to lie wi City Council. It is Staff's opinion that with the excessive already faced by the Council and Planninq Commission, design can best be handled by a separate Design Review Board accoun the City Council. F. Coastal Commission Proposal for a Park West of the Hoove Access. Counc i 1 Di recti ve :: The Council voted to maintain the RM designation on this pro No further action is required. G. Pannonia Property Council Directive: The Council re-affirmed staff's proposal that the property b ignated RLM and that a % acre overlook park be provided. No action is required. H. Ecke Property on the North Shore of the Outer Lagoon. Council Directive: The Council maintained the RMH designation, but clarified tk project would be subject to density review as provided for i I. Boat Docking and Launching. Council Directive: The Council agreed to the conditions concerninq boat launchi docking as set forth in the Specific Plan. RECOMMENDED CHANGES: The condition that relates to dockinq is as follows: (#23) Construction of private docking facilities for the storage ( term mooring of boats shall be prohibited. Private recreat for loading, observation and swimming shall be subject to ri approval by the City of Carlsbad on a project by project bac such facility shall be permitted where it creates a hazard I inhibits public use of Aqua Hedionda Lagoon. All such faci :* -8- 0 0 be subject to approval by the U.S. Corps of Engineers and tk Fish and Wildlife Service in addition to the required City 01 Carlsbad approval. The intent of this condition was to provide for docking faci' supporting launching sites. To clarify this point the WOI should be changed to read: "Construction of private docking facilities for the storage 01 term mooring of boats shall be prohibited. Recreational doc1 in association with launchinq ramps for loading, observation i swimming shall be subject to review and approval by the City Carlsbad on a project by project basis. No such facility sh permitted where it creates a hazard or otherwise inhibits pu use of Agua Hedionda Lagoon. All such facilities shall be s to approval by the U.S. Corps of Engineers and the U.S. Fis Wildlife Service in addition to the required City of Carlsba J. Maintenance Dredging Council Directive: IY The Council expressed concern over the costs of maintenance but voted to keep the provisions in the Specific Plan as the presently worded. No further action is required. K. Design Review Council Directive: The Council adopted the recommendation for adoption of a des review ordinance and manual as it is presently worded. No f action is required. L. HUB Parks Council Directive: The Council discussed at length the possibility of re-negoti park boundaries. However, the motion to re-negotiate park b aries failed, thereby leaving the Planning Commission's reca ation as presently worded. DISCUSSION Although the Planninq Commission's recommendation allows for of approximately 20 acres of agricultural land for cornmunit! the Specific Plan also outlines the possibility of re-negot- existing parks boundaries. M. Bike i% Pedestrian Accessways Council Directive: The Council directed staff to prepare a condition which sta City's construction of accessways should occur as rapidly a -9- a 0 The Council also suggested that funding alternatives for acce construction be explored. RECOMMENDED CHANGES: The Engineering Department shall prepare plans for the entir pedestrian accessway. Included in the plans shall be a phas development program which would allow for construction of fu sections to be connected to existing streets. Staff shall a provide a report within 180 days of final Specific Plan appr financing alternatives and proposals for ensuring prompt con N. Wildlife Preserve it Council Directive: The Council voted to accept the recommendation on the Wildli as presently worded. No further action is necessary. DHW: JS:AR -10- r, e -e -#\ MEMORANDUM October 29, 1976 TO: CITY COUNCIL FROM: PLANNING DIRECTOR SUBJECT: ADDENDUM TO THE AGUA HEDIONDA SPECIFIC PLAN EIR The City's Environmental Protection Ordinance and Guide- 'lines for the California Environmental Quality Act re- quire that a final EIR must contain all comments received at the public hearinq on the EIR, and the Planning Direc- tor's response thereto. The followinq is my response to issues raised at the October 26, 1976 public hearing: 1'. COMMENT The traffic impacts of the project particularly the impacts on the Highland/Hillside area have not been ade- quately addressed. RESPONSE The EIR contains a detailed traffic analysis in Ap- pendix I and on page 77. Admittedly, there will be traf- fic impacts on Highland and Hillside between Park and Tamarack regardless of whether the Specific Plan is im- plemented. The Traffic Consultant and City staff have predicted volumes of up to 14,000 vehicles per day on Highland/Hiilside. commodating this future traffic. The alternative of widening Highland/Hillside if volumes warrant it to 72' allowing 4 lanes for traffic and parking lanes on both sides has been suggested by the City Engineer. This al- ternative has some problems, in that it will require fu- ture acquisition and reduce the buffer between existing homes and the street. - The Traffic Consultant suggested that the Highland/ Hillside problem could be solved by either developing a one-way system by extending James Drive southerly to Far The EIR has examined various alternative ways of ac- e -0 *\ Drive or by construction a modified 44'-50' stre.et sectioi on Highland/Hillside (deleting on-street parking). From an environmental standpoint, the latter alternat would appear to be the least impacting. A one-way street system using James Drive in one direction and HighlandjHi side in the other, would be difficult to implement, espec ally in light of past efforts to extend James Drive, coul cause considerable inconvenience to persons who live on either street, and would be the most expensive of the thr alternatives. Conversely, the modified street section a1 ternative would allow Highland/Hillside to accommodate ad tional traffic with minimum pavement construction and no land acquisition requirements. (The disadvantage of the modified street section is that it would eliminate availa on-street parking.) 2. COMMENT Recreation-commercial uses should be expanded around 78goon. RESPONSE The EIR evaluated the need for expanded recreation-cc a. The expansion of RC uses at Snug Harbor; b. The creation of an RC designation at Whitey's La1 c. The potential for a recreational vehicle park ne( The critical factors in evaluating the possibility f - The limited environmental carrying capacity of the 1 and its environs (especially the boating capacity of - The need to balance the public with the private uses - The potential for increased traffic resulting from e mercial facilities as follows: ing; and the east end of the lagoon. expanding recreational-commercial uses are: , -- lagoon); < the lagoon; panded recreational-commercial uses; -2- 0 \ e r'* - The interface between residential and recreation-com- - The market capacity for increased recreation-commerci mercial uses; and uses. 3. COMMENT The densities proposed around the lagoon are too higk RESPONSE The issue of density cannot be viewed in vacuum; faci such as quality of desiqn, preservation of visual and ph: cal access to the laqoon, and utility and service capabi must also be considered. Lower density does not necessa insure lesser impact. For instance, much of the north s of the lagoon is poorly suited to single family (low den development due to the unique topographical configuratio t.he area. Piece-meal single family development could si ficantly hamper the City's ability to plan for and provi vista corridors and public accessways. The Agua Hedionda Specific Plan has a number of buil safeguards to insure that development --- at any density is compatible with the City's and the CoastalTan's sta policies: mum of which is allowable only if the physical character of the site and service capabilities can sustain that hi density; b. The plan contains a phasing program which requir that development occur in an orderly manner, commensurat with service capabilities; and c. The plan proposes desiqn review and scenic corri a. The density in the plan is stated as range, the - standards to insure that new development is attractive z x compatible with its surroundings. . RECOMMENDATION That the Council consider this information as a supr ' ment to the EIR for the Agua Hedionda Lagoon Specific Pl pectively u mctt d, DAA/ DH W/m bs CC: City Manager BDAGqx City Attorney - 3- \I %* 3- 2 3' s- 4t 5 7 8 9 '0 11 -0 1 -e PLANNING COMMISSION RESOLUTION NO. 1277 RESOLUTION OF THE CARLSBAD PLAMNING COM- MISSION RECOMMENDING CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE AGUA ALLY APPROVING IN CONCEPT A GENERAL PLAF! AMEMDMENT AND SPECIFIC PLAN AS CONSISTENT NIA COASTAL CONSERVATION PLAN-AND THE CITY HEDIONDA LAGOON SPECIFIC PLAN AN@ GENER- WITH THE POLICIES OF THE STATE OF CALIFOR- I G* GENERAL PLAN. CASE NOS. GPA-47, SP-179, EIR-329 $ WHEREAS, the Agua Hedionda Lagoon Area has been sefc the California State Coastal Commission as a Pilot Projel procedures for plan certification for local government at 12 l3 14 15 l6 tration of the California State Coastal Plan as approved Legislature, and WHEREAS, this selection resulted in the formation o group consisting of staff members from the City of Carls State and Regional Coastal Conservation Commissions, and X' 'ning consultant retained by property owners around the L \ is X' 20 21 WHEREAS, this groups has held public meetings where of the public contribTited in substance to the general da suggested policies, a result of which has been the produ - 22 .23 24 25 ~ - 26 a 27 28 a Specific Plan for the development of the Agua' Hedionda and its surrounding land areas., together with an Environ Impact Report and suggested amendments to the General Pl City of Carlsbad, each document recognizing and honoring policies contained in the California Coastal Plan. -. *< BE IT THEREFC'IE RESOLVED that the Carlsbad Planninc does find as follows: 1) That the Environmental Impact Report (EIR-329) does fully the provisicns of the Callfornia Envjronrnenti i t % ‘i 1 2 3 4 5 6 7 8 9 10 11 12 I.3 14 15 3.6 17 18 19 20 21 22 . 23 24 25 26 27 28 @‘ e -* AcLand the City of Carlsbad Environmental Protectio Ordinance of 1972 for the following reasons: a) The draft EIR was properly noticed and reviewed b) The comments received from reviewing agencies a individuals have been adequately addressed in t Final EIR; and C) The identified impacts of the- project can be ad mitigated. 2) That the General Plan Amendment 41 is approved in cc shown on Exhibit A dated August 18, 1976. At such I Agua Hedionda Specific Plan is approved in concept t State of California Coastal Zon’e Conservation Cornmi: the Planning Commission and City Council shall hold noticed public hearings to formally consider sai$ Gc Plan Amendment. Justification is based on: a) The General Plan amendment will help to best mt intent of other General Plan policies, as well policies of the California Coastal Plan; - b) The proposed General Plan land use changes are detailed analysis of the environmental effects various land use alternatives; and c) The proposed General Plan land use changes wil adversely affect surrounding properties. 3) That Specific Plan 179 as shown in’Exhibits A throu clusive, dated August 78, 1976, with changes recomm here-in-after, is approved in concept. Upon approv concept by the California Coastal Zone Conservation the Specific Plan shall be returned to the Planning and City Council for duly noticed public hearings o ble General Plan amendments and for adoption of app implementing zoning ordinances, specific plans and ordinances necessary to carry out the intent of the Hedionda Specific Plan. Justification is based on: a) The Specific Plan (SP-179) implements recommen of the General Plan Land Use Element, Circulat Open Space and Conservation Element, Noise Ele Parks and Recreation Element, Seismic Safety a logic Hazards Element, Scenic Highways Element General Plan in the following ways: 1)‘ It implements the- Lagoon Guidelines and S Trcatment Area Guidelines Oi the Land Use 2) It designates an integrated circulation s including provisions for automobiles, bic ---- . . pedestrians and public transit; 3 i, J 2 3 4 5 6 7 8 9 10 11 .' 92 13 14 15 16 a7 i8 19 20 21 22 .-23 24 25 . 26 . 27 2 8. \ - '. ' '0 3) It identifies environmentally sensitive ar sets standards for their protection and pr tion; 111 identifies future and existing noise pr and recommends measures for their mitigati 5) It proposes a full range of park and recre amenities for the lagoon; ** 6) It identifies geologic hazards and proposc sures to lessen the impact of those hazarc 7) It designates scenic routes and proposes : -. standards for development adjacent ot tho: - routes. The Specific Plan (SP-179) is based on an optimum balan environmental protection of the lagoon's resoui public's right of access to and recreational u: lagoon, and the continued productive use of lar the lagoon. c) The Specific Plan proposes a phasing plan to a public facilities are provided concurrent with and are extended in an orderly manner. .4) b) NOU, THEREFORE, BE IT RESOLVED that: A) The above recitations are true and correct. B) The Environmental Impact Report (EIR-329) has been pared and fully discussed at duly noticed public he before the P1-dnning Commission and the final Report recommended to the City Council for certification a complete and in compliance with the requirements of of Carlsbad Environmental Protection Ordinance of 7 The Planning Commission is generally in favor of th concept of development as presented in theTAgua Hed Specific Plan (AHSP) and that the Planning Commissi mends that the City Council find that the recommend . C) the following areas are consistent with City of Car -- Policy for the following reasons: ... 1) Sensitive Wildlife Habitats: The City approve cept the intent of and proposed boundaries fc wildlife preserve as outlined in Exhibit E of AHSP and-on page 11 of the AHSP text. That the Pannonia Parcel of approximately 59.! be designated as .residential low-medium densii dwelling units per acre (this constitutes a c( of approximately 47 acres from agriculture). 2) n b L 1 2 3 4 5 6 7 8 TO 21 12 13 14 15 I6 17 28 19 20 21 22 - , 23 24 25 6 26 * 27 28 '(b ' 0. 3) That approximately 20 acres of agricultural Ian currently within the 3 acre community park be c to Community recreational use as an integral pa overall City Park Program. 4) That Cannon Road between Interstate 5 and El Ca Real shown on Exhibit C of AHSP shall be define an integral part of the overall City Circulatic and should be developed in accordance with circ policies B-1-d, e, f as outlined on Page 2 of P 5) That Conditions 1 through 59 are generally desi to address the mitigation of Environmental Impa identified in the EIR for AHSP. a'! That Condition 8c of 'AHSP shall be amendec follows: To leave the "OS" General Plan 1 designation on most of the property, as i* designated, but extend the General Plan li Public Utility "U" classification to a poi the property as determined by the City Cot The location of Public Utility uses east ( . freeway should consider environmental faci such as proximity to the shoreline, visib. from 1-5 and the north shore, and relatiot to recreational and agricultural uses. Tt portion of the property would be retained "PU" Zone and the General Plan would have amended to show Public Utility ("U") :and designation. The Specific Plan would at time be amended to delete the future Powe. site, and allocate an area east of 1-5 as . subject to future Specific Plan approval. por.tion of the area east of 1-5 which wou . the "0-S" designation would be rezoned "0 which permits expansion of the transmissi . ties, but only by Conditional Use Permit. 6) That the following Policies identified to pres biologic vilue of the Agua Hedionda Lagoon sha clucied as Condition No. 60: 40 9' a) No actions shall be allowed which will re adverse environmental impact on the lagoo b) All appropriate steps will be taken to nia iniprove lagoonal water quality. c) Maintenance of a*large tidal prism and, t rapid flushing of the lagooq is necessarj continued vitality of the ecosystem. Dre the inner lagoon will eventually be nece: to retain the optimal flushing action. 5 will have short-term impacts on biologicz sources immediately adjacent to the dredc .-x I :: L %l a 3 4 5 6 *7 8 9 10 I1 22 13 3.4 15 16 17 18 19 20 21 22 -23 24 25 26 . 21 28 a, .'. e but will have. a long-term positive effect lagoonal ecosystem as a whole, The shores of the lagoon should be alterec if such alteration would result in an over improvement in the biological quality of 1 e) The continued use of the lagoon as a natur logical laboratory should be continued. 1 7) That Condition No. 23 of the AHSP be repJaced 1 fo71 owi ng : Construction of private docking facilities for . storage or long term mooring of boats shall be hibited. Private recreational docks for Ioadil servation and swimming shall be subject to rev 'approval by the City of Carlsbad on a project basis. No such facility shall be permitted wh creates a hazard or otherwise inhibits public Agua Hedionda Lagoon. All such facilities sha subject to approval by the U.S. Army Corps of and the U.S. Fish and Wildlife Service in addi the required City of Carlsbad approval. 8) That the following amendments to the AHSP text be included: a) Page 9, Section e (1) after word "facilii add "to be used by the public". b) Page 12, add Section 2 e: "Upon adoption Specific Plan, the City Council shall req Courlty Assessor to reassess the property, such reassessment on the fact that the pr thus defined is unavailable for use by th standards'provided for in the Design Revi an c e 'I+. d) : c) Page 14, add to Section 6 a the phrase: 9) That the City Council is urged to recommend to plementation of the State Coastal Policies whi and above the costs of implementation of the ( General Plan as being concerns of statewide ir and as such should properly be borne by the SI . 10) That, upon final adoption of the Plan, the Cii request the County Assessor to 7rovide tax re1 those owners wh0s.e property is indicated on tt as being for public use. 11) That all testimony, oval and written, offered the public hearings is thereby included as an. part of the Public Record. * Coastal Commission that it recognize the,cost! -2. ., . I c 3, 2 3 4 5 6 7 t3 9 10 11. 12 13 14 15 X 17 18 I' 20 21 22 . 23 24 25 -2 6 27 28 .\ ;e - 12) 13) That Exhibit A of the Specific Plan shall be an to include an indication of transmission corric * That the City Council recommend to the State Cc Commission the City's concern with developing c to achieve Coastal Plan implementation and that necessary provisions for staffing be accomplisi- additional monies or subventions granted by the to the local agency. PASSED, APPROVED AND ADOPTED by the City of Carlsbac Commission at a regular meeting held on the 13th day of C 1976, by the following vote: .) 4 AYES: Commissioners Larson, L' Heureux, Fi kes, Ne NOES: None. ABSENT: Commissioner Watson. ABSTAIN: Commissioner Rombotis. and Jose. Stephen M. L'Heureux, Chair ATTEST: Donald A. Aga.tep, Secretary d re . -_ . i 4, -6.. .. *-a * 4 < a, STAFF REPORT TO: . CITY COUNCIL FROM : PLANNING DEPARTMENT . P CASE NOS.: GPA-41, SP-179, EIR-329 SUBJECT: AGUA HEDIONDA SPECIFIC PLAN - -- L I 1. EIR - The draft Environmental .Impact Report for the Agua Hedionda Spec Plan was sent out for review on June 8, 1976. The public and in ested agencies had 54 days in which to review and comment upon tl Draft EIR. In this particular instance, the EIR was used as a working tool . the development of the Specific Plan. The project was initially defined as the City's General Plan. As impacts were identified, gations proposed, and alternatives analyzed, the direction of thc Specific Plan became apparent. The City Staff has utilized a new format for the Final EIR. In . past corrections and additions to the Draft EIR (per the commeni?! reviewifig agencies) were supplied as addendum to the original dc ment. For the Agua Hedionda EIR, the entire document has been rt in response to comments from reviewing agencies. The comments fi reviewing agencies have also been attached. RECOMMENDATION ON THE EIR: Staff recommends that Final Environmental Impact Report 8329 (inc all comments received at the*public hearing) be certified as havi met all requirements of the Carlsbad Environmental Protection Ord of 1972 and the California Environmental Quality Act. FINDINGS: .. - 1. The draft EIR was properly noticed . .. and reviewed. 2. . 3. The comments received from 'reviewing agencies have been adequ The identified impacts of the project can be ajequa'tely rnitig addressed in the Final FIR. .4 . . -- . .. . .I 0, ". . 11. SPECIFIC PLAN The Specific Plan for the Agua Hedionda Lagoon Was formulated based on the in mation contained in the EIR input received from other agency staffs (Particu1 the California Coastal Zone Conservation Commission and Rick Engineering), co received at four informal citizen meetings and revised as the result of six p hearings. * . 6 - .RECOMMENDATION ON SPECIFIC PLAN: fD 0 Staff is recommending that the City Council adopt,the Specific Plan IN CONCEPT and then forward it to the'Regiona1 and State Coastal.Cornmissions for certification. In this way, the Council can wait to formally adopt the Specifi Plan until the Coastal Commission has acted on certification. This eliminates the possibility of going through formal adoptio of the Specific Plan twice should the Coastal Commission recom- Staff recommends that Specific-Plan 179 be approved in concept i coq-tained' in the following exhibits: I. Exhibit.A: Land Use Plan. . 2. Exhibit B: Scenic Route Map. . mend revisions. * t -. '3. Exhibit C: Street Network Plan. 4.' Exhibit D: Bike Route Plan. 5. Exhibit E: Pedestrian Access Plan. 6. Exhibit F: Wildlife Preserve --- Protection Area. 7. Exhibit 6: Proximity to Existing Development. 8. Exhibit H: Availability of Services. 9. Exhibit 1. Environmental Suitability Map. c- -. -\. - 10. Exhibit J: Phasing Plan. 11.. Exhibit K: Vista Points. , 12. Exhibit L: Specific Plan Text. . - s 13. Exhibit M: Conceptuai Plan for Combined Pedestrian and Bicyc 14. Exhibit N: Conceptua.1 Plan for Lateral Accessway. , 15. Exhibit 0: View Preservation Concept. Trail. .. - .. \ a '0 + . FINDINGS: L 1. The Specific Plan implements recommendations for the Land Use Element, Ci culation Element, Open Space and Conservation Element, Noise Element, Par and Recreation Element, Seismic Safety and Geologic Hazards Element, Scen *Highways Element of the General Plan in the following ways: a. I't: implements the Lagoon Guidelines and. Special Treatmen Area Guidelines of the Land Use Element; b. It designates an integrated circulation system, includin yisions for'.automobiles, bicycles, pedestrians and pub7 i sit; c. It identifies environmentally sensitive areas and sets I dards for their protection and preservation; d. It identifies future and existing noise problems and re( e. It proposes a full range of park and recreational amenil f. It identifies geologic hazards and proposes measures to . g. It designates scenic routes and proposes special standa 2, The Specific Plan (SP-179) is based on an optimum balance between enviroi mental protection of the lagoon's resources, the public's right of access to and recreational use of the lagoon, and the continued productive use 1 lands around the lagoon. 3. The Specific Plan proposes a phasing plan to assure that public facilitil are provided concurrent with need, and are extended in an orderly manner . measures for their mitigation; % the lagoon; i the impact' of those hazards. development adjacent to those routes. 1 111. GENERAL PLAN AMENDMEKT Rather than treating the General Plan Amendment and the Specific Plan as the same action, the General Plan Amendment (GPA-41) will affect only those prop erties which will have their land use designations changed on the Land Use P of the General Plan. I This is shown on Exhibit A for GPA-41. t RECOMMENDATION ON THE GENERAL PLAN AMENDMENT: .' . -$ - /-- .. r S!xff recommends that General P.lan Amendment 41 be approved as on Exhibit A, dated August 18, 1976, .. .* i -0 \ 'e -a t FINDINGS: 1. The amendment will help to best meet the intent of other Gene Plan policies, as well as those policies of the California Coastal Plan. The proposed land use changes are based on detailed an'laysis the environmental effects the various land use a1 ternatives. perties. 2. 3. The land use changes will not adversely affect surrounding pr CONDITIONS OF APPROVAL FOR SPECIFIC PLAN: The policies and standards contained in the Specific Plan have been extracted and are proposed to be adopted as conditions of approval. this is so that property owners in the Specific Plan Area can be given a summl of requirements as part of the approving resolution. The conditions of approval also contain certain standard requirements, a summl of future actions necessitated by adoption of the Specific Plan, and provisio fpr "grandfathering", deleting or modifiying a17 existing Specific Plans or Master Plans in the Study Area. Staff also recommends no approvals of any new discretionary action be made pel ing final adoption of the Specific Plan. ISSUES Three major areas of concern were brought out at the Planning Commission hear 1. L The rationale for Land Use designations on the SDG&E property east of 1-5. . 2. The economic impacts of the Specific Plan. * 3. Additional policies to further protect the biologic value of the Agua Hed Lagoon. I. The original Specific Plan identified land use on the SDG&E property east of as IIOS" (open space). After discussions with the City staff, Coastal Commis: staff and SDG&E, five alternatives for land use designations were presented 1 the Planning Commission. The Planning Comniission subsequently amended Condii 8 c of AHSP to leave the "OS" General Plan land use designation on most of tt property, but to extend the Public Uti1ity"U" classification to a portion of property as determined by the City Council. An economic analysis was prepared and presented to the Planning Commission u- their request. The analysis (Attachment A) identified existing obligations to the Specific Plan and also identified additional obligations imposed by t Specific Plan. The Planni,ng Commission in Resolution 1277 urged the City Co "to recommend to the State Coastal Commission that it recognize the costs of plementation of the State Coastal Policies which are over and above the cost implementation of the Carlsbad General Plan as being concerns of statewide i terest, and, as such, should properly be borne by the State." a% *'. . c Because of the concern voiced at the public hearings for additional policies . addressing the biologic value of the lagoon, the Specific Plan was revised to include a policy statement on the Lagoon Ecosystem. approval were also amended to include Condition 60 which relates to the above The conditions of ' mentioned policy. .* 6 . i'. 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ULC com m-. 43 co. X I aJ*-,u ruv- - 1 .. b z ale 2 +J WL? , .r Q:Q0 c InaJ J 3 c- a f E* mcm tL oa WEaJ 30 3 v! . R * ,*i~ -a r *P * UUDC UQ -. - . - - !x.-p - .. r- VY- u4- v) n aI .c aJ .r .r lJWr-Qr-z3 -1 -*-ououc 4 !L.LT Lr- 0 I- CnQ.-Q-C C c.3 x + OC00 'CC 0 0 0 0. 'C c 0000 cc a%tulm 0" cnte cu N v) c- -I> c -r N W v hr (R U.U 0) 3 u- 1L a, c m -6 i-, a .r A CT cn .\ -GI -3 c- aCuwwCEY m 2. X-aJCnJ-cEL Q -..I . .I -- (1) 'rKSL30njOrCI 0 } z U~aLLO~uQ + ' 1 000 0 0 '0 RNtn. 0 c * ' __------ I .?". 9: - . nNN oc g - m rc *',;mo OC II 3 :; v) I[ :" l . . -4 .Val Q .ccv cn-fc, h acry-r *.J KcL-dr *- (3 \ (51 .r = CQI-OOV = cawma E omom v b c -r rd-LOU E --- . ,SF -: - .. *. ** .. . .. ., x_---- - -- - -.E.- - I: J - ,i I) ,_ __ ..--- 1 .. - . .. c , '0 9-7- 0 f, 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (714) 729-1181 VINCENT F. BIONDO JR. November 30, 1976 CITY ATORNEY - Mr. C. Edward Gibson Assistant General Attorney San Diego Gas & Electric Company P. 0. Box 1831 San Diego, California 92112 * RE: Letter to City Clerk of Ncvember 24p 1976 Dear Mr. Gibson; The City Clerk has asked that I respond to your letter of November.24, 1976 requesting tapes of the City Council's adjourned meeting of November 2!3, 1976. Please be ac-vised that we are not able to comply with your request. Standards for conducting public hearings regarding plannina matters in the City of Carlshad. are governed by Section 65804 of the Government Code. Subsection (b) is pertinent to your request and provides that a request for a record oi such hearings must be made in writing prior to the date of the hearing. Our records indicate that you have made no such request. It is the practice of our City Clerk's office to make use of tape recordings only as an aid to her preparation of thc official minutes of City Councfil meetings. The tapes are used as a back up only and are not retained by the City. According to the provisions of the Public Records Act the Clerk's tapes are not public records since they are made for internal use oniy and are not retained in the ordinanr: By copy of this letter I have asked that the City Clerk forward to you a copy of the minutes of the meeting of November 23, 1976 when they arle complete. Your letter indicates you want to review the tapes in orde to make a legal review of the action taken by the City COU at the November 23, 1976 meeting. Please he informed that no action was taken by the City Council at that meeting. r - course of business. - 1 0 ' 'e WP Mr. C. Edward Gibson .-2- November 30, 1976 you know, the City Council has been considering a proposed specific plan for the Agua Hedionda Lagoon area which includes the Encina Power Plant site. The public hearings regarding the plan have been closed. The meeting on the 23rl was for the purpose of discussion among the members of the City'Council. At that meeting Council took up a series of i which had arisen in connection with the plan. The City Coun adopted a procedure in dealing with these issues, of reachin tentative conclusions and, by motion, passing the issue for discussion purposes only. The Council has not concluded the discussion of the issues in regards to the plan and, as a result, the item was continued to the City Council's meeting of December 7, 1976. The Council has not, as yet, taken act in regards to the plan as a whole. When the Council has cor cluded their deliberations, their action in regards to the plan will be limited to a motion forwarding it to the State Coastal Com.issicn for the Commission's review. In the ever the plan is approved by the Coastal Commission it will be returned to the City of Carlsbad at which time public heari! will b6 instituted to consider the adoption of the plan as t as the amendment of the general plan and existing specific plans which will be required as a part of that adtoption. T specific plan currently applicable to the Encina Power Plan will be one of such plans. Specific Plan 179 will not be before the City Council for action until after the conclusi of all of those hearings. My office would be happy to furnish you with any informatic City Council's consideration of the Agua Hedionda Lagoon specific plan. I was in attendance at the meeting of Noverr and will be happy to fill you in on the discussions that tc place in regards to the San Diego Gas & Electric Company PI ties included within the Lagoon plan. Please let me know j you wish to meet to discuss this matter further. If you are aware of any legal a.uthority in support of your request, I would be happy to review it. However, in the a1 of such authority and for the reasons set out above, the C Clerk does not feel she can alter her established procedurl in regards to the tapes. I will be on vacation and out of the country from December through December 20th. I have asked the City Clerk to ret c ' regarding what has occurred to date in connection with the - - - 7 0 *'a 0 Mr. C. Edward Gibson - 3 -. November 30, 1 the tapes until after my return on December 20th. If you w to seek redress in the courts, I'll accommodate you when I return and that's probably a suitable way for attorneys to celebrate the holidays. In the absence of a court order-tc the contrary, I anticipate that the tapes will be recycled in accordance with established procedures before Christmas. L ;J&;(YGl+ VINC T F. B NDO, . Ci.ty Attorney 6 VFB/mla cc: City Manager City Clerk 88 r./c 1 ~ --. F 0 SD~IE SAN DIEGO GAS & ELECTRIC COMPANY P 0 BOX 1831 SAN DIEGO CALIFORNIA 921'2 (714) 232-4252 CHARLES DAL November 24, 1976 LYNN A SCHE DELROY M RK PATRICIA A CI VINCENT P MI LESLIE R KALI L EARL LlGOk 6 GORDON PEARCE VICE PRESIDENT-GENERAL PTTORWEY GUENTER S COHN C EDWARD GIBSON ATTORNEYS ASSlSTAhT GENERAL ATT0RhE"S City Clerk City of Carlsbad 1200 Elm Street Carlsbad, California 92008 Re: Tapes re: SP 179 - November 24, 1976 Dear Sir: I am advised by F. M. Dudley of our Company that your pro( dure does not include retention of the actual tape recordings of the proce ing of November 24, 1976, re: Specific Plan 179. It is our desire that t particular tape recordings be preserved or a verbatim transcript be ma( therefrom. We offer to pay any expense involved in preserving these tal for a reasonable period of time, pending a legal review of the action takf the City in that proceeding. If you do not feel you can comply with my request, please ad me prior to destroying the tapes so that I may seek the aid of the courts, ever, I trust that such action will not be necessary in light of our reason offer to reimburse the City for any expense involved. ---=-- Assistant General Attorne I Id cc : Vincent F. Biondo, Jr. AN INVtSTOH OI/JNrD CUVP~HATION c 't -e SAN BiEGO GAS $3 EkEc-rRic ic3PAPANY P.0. EO): 1831 SAN DltGO, C/!L.I"O!?I<IA 32112 (714) 232-?252 FILE NO. MI December 17, 1976 Paul Bussey City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92005 Dear Paul: We are in receipt of a letter dated December 15, I! from Dan Gorfain, Chief Planner of San Diego Coas-t Regionat Cc mission c to y0u.r Planrring Staff concerning cornmercial designa{ for a portion of San Diego Gas & Electric Lands, Cornmiskion Staff consider the ~roperty in question. a.s "Prime Agricultural" land * We take issue with this point - SDG&E purch-ased this land for a transi?ni..ssion line corridor and otiiei utility uses, A portion or' the land has been utilized as a transmission line corridor and SK&E has permitted agriculturi production only as a secondary IISE?. It is obvi.ous from Mr, Gorfain's letter that Coast: We coilcur with Coastal Act policies that agricultui land.:; should be preserved where possible. We will continue -kc allow a substantial amount of our transmission line corridor 4 be cultj-vated 2s a secondary use, It woulc? be inconsistant with the CalLfolYjIFa Coastal Act of 1976 to restrict the' land r designated "Future Power Plant Si.t:e" from d.evelopment - Mr o Gc letter quotes Section 32041, srxk)section (b) and (c) but omittc sl?hsection (a) which stzkes: " . cI * conflicts shall be minimi between agriculkural and urban land uses through all of the following-: a) By establishing stable boundaries separating urban and rural areas r including r where necessi clearly defined buffer areas to minimize conflj between ayricultuxal and urban land uses i " .. The California Coastal Plan as submitted to the California State Legislature in 15175 also gives emphasis to tl point in Policy 32, Page 57 which states: F AN INVLSTOi?~OIVN/ L) CO~IPOITA TiON 7 e $&?$rq Dji:Go GAS E$ ELEGTRBC 60k6PAFt3Y Mr. Paul Bussey -2- 12/17/76 ". . . further urban encroachment in.to prime agricu lands shall be curtailed: however, sone limited de ment rnay be allowed on the urban fringe to complete logical urban development patterns, and to assure a defined, stable demarcation between urban and agrie uses. " (empha-sis added) In ord-er to complete a logical urban d.evelopment pa and to establish a clearly defined bufzer area between Agua Hedj-onda Lagoon r th.e commercial property south of Cannon Road (auto row) and existing agricultural la.nds p tlne property desig "future power plar-it site" should become am area for urban expa A logical urban development pattern and buffer area would nat exist if agricultural activities continued between t Lagoon and auto row, If such activities were to continue, two urbanized areas would be severed by a small parcel of agricult land with no "buffer area to mi.nimize conflicts between agricu. and urban land uses-" (S13 1277 Section 30241, "a") Our proposal is also consistamt with Section 30250 p sectj-on (a) of the Coastal Act of 1976, in that the land. in question wauld be " o . . located within, contiguous with, or close proximity to, existing developed. areas .I e o 'I. Mr. Gorfain's letter is also in direct conflict wi-t recent San Diego Coast Regional and State Coastal Staff recom- mendations al.l.owij2g for the conversion of 400 acres of prime agricultural land to non-agricultural development. These reed, mendations were colzcerning the Chula Vista Bayfroct Redevelop Pilot Project. If you have any questions regarding ar,y of: the abov .. please do not hesLtate to give us a call, .. Sincerely i &$?@J-/i&u 3YYd 74% E. :M. Gabrielson Supervisor . Lanld Engineering EMG : dr I r 't EDMUND G. BROWN, JR., Gove M k LC 0 I- iv Chairman ROBERT C Vice Chairrr December 15, 1976 JEFFERY 1 Representa: California C Consewsrio -e _______I____-___-- L_ ------ .------.---~-~~ , 0 F C A L I F 0 R N I A - C A t.1 F 0 H t\l I A C 0 ASTA L Z 0 N E CON SE RV hf I ON ICO NI FJI I SS IO N ---- - --.----___-_ ,Id DIEGO COAST 8EGIONht COWiM~SSlOM ~153 MISSION GORGE ROAD, SUiTE 220 SAN DIEG0,CALIFORNIA 92:20-TEL. 1714) 280-6992 ______I._..__..- -..- - ..___-- -- TX0rm.s P Execuiive C Dana Hielci lhitson k s si si; ant Plmi.er City of Gc?rls'uad 1200 Elm A?r=n:.E Cxr.-lsbad, CA.. 92038 Dear Dax: In your .le%ter of December 10, 1976 you asked, pursum-L to your Ci'iy Co;ulcil di rdiether OLP staff regwd-s cormercial designation Tor ihc! San Diego Gas md Elec laxi knora 2s the 'Ff-cLuze poxer pla7-L siik~~ on the sOil;th share of the Agda Hedi Lagoxi east of Interstate 5 to be co-;.,s5stent, -r~t_.th the pro-visions of t!ie Galifor Coast&- ~ct of 1.976. Since the land ir, a,.;estion is cons5dered pi:-ne agricuitwa.1 larid, as defi-llecl in Coastal Act7 i-t is our joint staff conclusion that conmerc~d .. 6esignat-i-oa fo~ 5, fPfu-tu.re power plant ~i-te:~ would bc? inconsiste?lt t.ili'Lh the C oristal Act pyovisions pertaining to -the conxex-siori of prim agricult,lLrrel lmcis o "he Coastal Act specifically recpires the protection of the rnzirrrm feasible m.: of pyims agricultural lands 5.n the coastal zone. In particulcw, Section 30241 ( the Act states: "The rna-Lm arnmn-L of prime agricultural lmd shall be maintained in agricult1xal prod.;lctiozi to assure the protection of the area's agricultural econonyl mcl conflicts sh2l:L be rriinimized beticween a@icultu_ral a?d ubm land us2s through all of -the followizg: v s ... e (b) B;r. limiting conversions of agricultmal lands mound %he peripher; of urban areas to the lands where the viabil.ity of existing agricl use is already sevxely 7.imited by confl-icts with urban uses and 1 the conversion of the lads wou1.d complete' a logical and viable neighborhood and coatribute to the e stablishmeiit of a stable linii" to' urban development. By developing available lands not suited for agriculture prior to conversion of agricultural lands. (e) b * -2- e , With respct to coriversicn of non-prime lands suitable for or in agricultural production, Section 30242 of the Act states: 30212. )ill other lmds sriitable for agricultural use shall not be conve to non-ngricu~-twal uses unless (1) continued or renewd agriculiural us' not feasibl-e, or (2) such conversion would preserve prime agricult?lral I< or concentrat3 demlopmsnt consistent with Section 30250, Any such pern conmrsion shall be corripatible with contin7ied agricd turd use on surrou lands e If vie may be of further assistance io your please donPt hesitate to let us La Sincerely, &-:- el G3rfeiril, ChFcf Flmer Sari Diego Coast Eegion 1, Comissior?. &p ,d .T/< /(]/? LV c -5 '4 I' E, c Schcop, A-iP-Chief State Coastal Cmqission . . -* cy/?' .qey@ ff---- - $big s!bpJ 31EGO Gr,s a ELI-C-iF"'' - \it/ COiii;PAl\fY (f>* '@# v i, d FILE NO MUC 010 DecerrJxr 3, 1976 . City Cmmcil Members City of C;-Lrlsbad City 1;kI:L 1200 Ellc Ave1:ue CarlsSad, GA 92062 iittelztion: IIcmorable Mayor Robert C. Frazce Honorab3.e lihyor snd City Council Members : that Open Space Designation be assigned to all San Uiego Gas E; Electric Coxpany (SDGhE) property East of Interstate 5 I 'Sh2.s reco:~rr,eix?at.-ion came as a signif.' cant surprise I being contrary to the uiiaiiimous reconmendations of: Staff and the Plannjmg colmiss.i~on 0 On TueSdZjr, November 23, 1976, Council rcconmer,dcd SX&E representatives attended all public workshop rmeeti~gs csncprning formulation and approvals in concept of the Agua Yedionda Specif ic Plan. tivcll7 little discussion of land uses Oil this particular 'property during these public hearings. recormrndation by the Planning Comiission I we concluded. that the piib1j-c utility designation on the front portion of the propr ty coincided with the wishes of City Council Members e opcn space designation on SDG&E's property East of Interstate 5 for the following reasons: of the oriTinal Encina Specific Plan adopted for SDG&E property, in 15171, and has resulted in encumbering ~r,uch of SDGI;E ' s property. on heh3l.f of SDGdE rate payers for specific 2ublic utility purposes - SDG&E should be allowed to retain devel.oprncnt xights on the property to protect its rate payers' investment, 3. SDG&E has contributed more than its share of open space to the area covered by the Agua f-ledioncia Specific Plan, No other land owner within the planning area was re- * quired to give open space. . Eowever , there was rela- AT-Ler the unanimous SX~E takes exception to Council action of placing 1. Fulfilling those obligations has been most c0stf.y 2. SDG&E has complied with all terms and conditions The property East of Interstate 5 was purchased . \ \ .- " 1 LN ~NVZ crnn nt&wrn rmsn-nrr ?,,-*a ,. , .r - -. * c 1c @ .' '0 e c4A*8 e SAN DIEGO GAS & ELEC'(fjiC Cov!p,qiqy Mayor and. City Council December 3, 1976 Page 2 Members 4, SDG&E believes it would not be prudcrtt planning to prcTJeilt, for a11 intents .and purposes permanently, any constructive development of property near the intersection of a major street, Cannon Road, and an interstate highway. Solw development rights should be allowed for the future, tio~ for the subject property is not in accord with the de- sires of Council. for consideration: It has been indicated that public utili'cy designa- In view of this, SDG&E proposes the following 1. That SDG&E property East OF Interstate 5 he . designated for comiercial use rather than public utility. This action worrld permit flexiljle and. constructive future develop- ment of the property. - 2. Because the Agua Hcdiotida Specific Plan will supersede SDGsE's Encina Specific Plan, SDG&E would be released from its obligation for any improvements on Cannon Road Eask of Interstate 5 which have not yet been constructed. Under the ne;? plan, inprovement of Cannon Road will no longer benefit SDGSX, hut Yortli Shore residents and Hub Park patrons instead. - SDG&E respectfully requests reconsideration of your recent decision regardinq.the subject property at your regular meeting on December 7, 1976 prior to your vote on approval in coricept of the Agua Hedionda Spcc.ific Plan. Sincerely, 'c.. L-. /?;t?- .3 <- .-/, L- ;J L L L. ji'X-7 E. M. Gabrielson S up e r 'FJ i s or . Land Engineering _I ..<- EMG : bmv .. cc: :Paul' _- <.. . ..I ,. RLEllis, Nanager Engineering Land 5 t , *' ! .- \ I. .- L.