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HomeMy WebLinkAbout1977-10-04; City Council; 3528-7; AGUA HEDIONDA SPECIFIC PLANi "I. I "1 ,. L Y "I. Y t # r * ' Initial: -- Dept. Hd. I I ** I I ID AGENi3k SILL NO. 3528 Supplement #7 ' P.. DATE: October 4, 1977 City Atty - DEPARTMENT: p1 anni ng City Mgr. __ 4 SU B J E CT : I/ -_----- Agua Hedionda Specific Plan -_-I STATEMENT OF" THfTkTTER --I__ On December 21, 1976, the City Council voted to approve in concep Agua Hedionda Specific Plan. The Council also directed staff to tfie plan to the Regional Coastal Commission for approval as a pi1 program for local coastal plan implementation. The Coastal Commission at that time had no procedures for process pilot program and consequently requested City staff to postpone t submittal of the Specific Plan until after the Commission's Local Coastal Program (LCP) Regulations had been adopted. The LCP Regu were adopted on May 19, 1977 and the Agua Hedionda Specific Plan formally transmitted on May 29, 1977. Since that time, City staff has been working with the Coastal sta resolve procedural problems which will enable the Agua Hedionda S Plan to be scheduled for hearing before the Regional Commission. Coastal staff is recommending that the State Commission waive the requirement for an additional six-week citizen review. Their action on this waiver is expected on October 4th. The rem . obstacle to scheduling of the Specific Plan for Coastal Commissio hearing is the adoption of a "resolution of submittal" by the Cit Such a resolution is required in the LCP Regulations and, accordi Coastal Commission staff, cannot be waived. Exhibits City Counci 1 Resol ution No.XJaS Recommendation If the Council concurs, approve Resolution #5z.Zrformally subm the Agua Hedionda Specific Plan for certification by the Californ Coastal Commission. Council action 10-4-77 Resolution #5225 was adopted, authorizing the submittal pilot program for Coastal Act Implementation for the Ag Hedionda Lagoon area to the California Coastal Commissi 4 FORM PLANNING 73 p' c 1 2 3 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a iD (I RESOLUTION NO. 5225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE SUBMITTAL OF A PILOT PROGRAM FOR COASTAL ACT IMpLE- MENTATION FOR THE AGUA HEDIONDA LAGOON 4- AREA TO THE CALIFORJIA COASTAL COMMISSION. WHEREAS, on February 3, 1976 the City of Carlsbad er into an agreement with the California Coastal Zone Conser Commission for the preparation of a pilot program to imp1 the California Coastal Plan for the Agua Hedionda Lagoon WHEREAS, the City Council held public hearings on s: pilot program, known as the "Agua Hedionda Specific Plan' June 1, October 26, November 6, November 13, November 23 7, and December 21, 1976; WHEREAS, on December 21, 1976 the City Council cert: Environmental Impact Report No. 329 for the Agua Hediondq Plan; WHEREAS, on December 21, 1976 the City Council appr concept the Agua Hedionda Specific Plan, as contained in Exhibit L, dated August 11, 1976 and authorized forwardi plan to the California Coastal Commission; and; WHEREAS, on May 17, 1977 the California Coastal Corn adopted Local Coastal Program Regulations which state th Local Coastal Programs shall be accompanied by a resolut submittal when submitted for hearing at the Regional Coa Commis s ion. NOW, THEREFORE, BE IT resolved as follows: 1. The City Council of the City of Carlsbad, Calif does hereby: I a ?-e w I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 I' 20 21 22 23 24 25 " 27 28 "4. e (I a. Formally authorize the submission of the Agu Hedionda Specific Plan and Final Environment Report No. 329 for consideration by the Cali Coastal Commission; and, Request that the California Coastal Commissi schedule hearings for the certification of t Agua Hedionda Specific Plan; b. 2. The City Council requests that the California Co Commission certify the Agua Hedionda Specific P1 the Land Use Plan component of a Local Coastal F as defined in Section 30512 of the California Cc Act of 1976; The CiCy Council hereby certifies its intention the Agua Hedionda Specific Plan be carried obt i manner fully in conformity with the California ( Act of 1976. 3. PASSED, APPROVED AND ADOPTED at a regular meeting oj City Council of the City of Carlsbad, California, held 01 4th day of October , 1977, by the following vote AYES : Councilmen Frazee, Lewis, Packard, Skotnic NOES : None ABSENT: None ABSTAIN : Councilwoman Casler ATTEST:, I MA LC0 Ll - Chairman b STATE Ci CALI FORNIA-CAL)FORNlA COASTAL ZONE CONSERVATION COMMISSION - SAN DIEGO COAST REGIONAL CORRMlSSfON SAN DIEG0,CALIFORNIA 9212S-TEL. i714) 280-6992 hrp 6154 MISSION GORGE ROAD. SUITE 220 i ROBERT i- ~ - Vice Cheii JEFFERY Represent CIPtifornia Constvat VHOMAS Executive October 15, 1976 Jerry L. Rombotis Km'ar Construction Co. 325 Elm Avenue P.O. Box 1155 Carlsbad, CA. 92008 Dear Jerry: Thank you for your letter of October 4, 1976, inquiring about the pssib: receiving tentative approval. with a recommendation for certification of - Hedionda Specific Plan for the Regional. and State Coastal Commissions th- Our Regional and State staff will make every effort to accommodate your However, in view of the Coastal Commission's transition from their curre3 to operating under the Coastal Act of 1976, it is difficult, at this timi anticipate their schedule toward the end of this year. Scheduling of thl Plan for public hearings will depend on several unknowns, including the and appeal load in late November and December with people trying to obta ment permits before the end of the year. Other important factors in considering and approving the Specific Plan t elf be the timing of its submittal to us by the City and the extent of of the City's proposal by the Regional and State Commissions. As you ar our Regional and State staff has Tinformed the City and the property owne representatiyes of the remainin4 concerns we have with respect to the Ci proposed Specific Plan as approved by the Planning Commission. These wi formally transmitted to the City Council before it considers the Plan on October 26th. If you have any further questions, please don't hesitate to call. Sincerely, Daniel Gorfain Assistant Executive Director and Chief Planner 7-3 ?1 -;3 F c ---, ;- - - .. >&d 3 A ; OCT I8 1976 cc: Don Agatep J' E. Jack Schoop, AIP DG/hc CITY Of Ltf /a'. J , Pianning kgar L uL '; * c EDMUND G. BRO m 9 STATE OF CALIFORNIA-RESOURCES AGENCY DEPARTMENT OF FISH AND GAME 1416 NINTH STREET SACRAMENTO, CALIFORNIA 95814 (916) 445-3531 No action required at this tim November 16, 15 Honorable Robert Frazee Mayor of the City of Carlsbad 1200 Elm Avenue Carlsbad, Ca. 92008 Dear Mayor Frazee: Thank you for the opportunity to comment on the final draft of the Agua Hedior Specific Plan. The Carlsbad City Planning Department has done an excellent jc on this area plan. The Department endorses the plan in its entirety, with thc following reservations and comments: 1. We would like to see greater protection for the eel grass habitat in the western cove of the inner lagoon; by reducing boating speed limits to 5 mi and/or creating a reduced speed corridor from the marina to the main body the inner lagoon. The Department cannot be considered one of the "readily apparent" agencier approached for financial participation in maintenance (second paragraph, 1 As much as we would like to, the Department is not set up financially to ! participate. 2. 3. We recommend that the "future collector" road connecting Kelly Drive and ( Road be deleted (Exhibit C). This road would cross the proposed "wildlifc preserve area" and be much to close to the ecologically sensitive section that area. We recommend that the secondary bike route connecting Kelly Drive and Can] Road be deleted from the plan for the same reason as above. The bike roui along the existing raised dirt road and along the riparian habitat probab: a compatible use of the area, but use would have to be monitored because route also transects the "wildlife preserve area." Finally, we concur with Regional Coast Commission comments regarding the desirability of includifig additional wetland areas in the "wildlife prese. area" at the east end of the inner lagoon. The Department has completed acquisition proposal for Agua Hedionda Lagoon and proposes the acquisitio. approximately 190 acres rather than the 109 acres proposed in the plan. 1 would like to see the "wildlife preservation area" in the plan expanded tc acreage, as delineated on the Department's acquisition proposal map, a co which will be supplied to the City and the Commission at the hearing on November 21, 1977. 4. 5. Sincerely, €c>- Director 1) * CARISBAD COMMUNITY CAUSE , CARLSE Statement to City Council for the Board of Directors, CARLSBAD COMMUNITY CAUSE Tuesday, October 26, 1976 Subject: Agua Hedionda Lagoon Because of the importance of this matter to our community and because the material to be studied is complex and massive, four days would appear to be inadequate for the public to properly prepare. CARLSBAD COMMUNITY CAUSE therefore requests that the E.I.R. be considered at this meeting and that the Specific Plan be considered at the next regular scheduled meeting of the City Council. In this way the Council will assure that citizens will be able to participate in the decision making process in an informed manner. 10- ad-76 bonc;~ ~)tee e SAN DlEGO GAS & ELECTRIC LdMPANY P o BOX it131 S~N r, EGO CALIFOHNIA 91 12 (7'11 ?32-425? CHAilLES DA GORDON PEARCE NovernSer 24, 1976 LYNN A SCrit DELROY M RI b (I P?ES Dt'lT PATRICIA A C VIYCENT P M GUENTER S COHN LESLIER KAL C EDWARD GIBSON ASSISTANTGFUFRAL 4TTOWk f5 r,FNI UAL ATTOPEUIV City Clerk City of Carlsbad 1200 Elm Street Carls b ad, California 92 0 0 8 Re: Tapes re: SP 179 - November 24, 1976 Dear Sir: I am advised by F. M. Dudley of our Company that your pro1 dure does not include retention of the actual tape recordings of the procc ing of November 24, 1976, re: Specific Plan 179. It is our desire that particular tape recordings be preserved or a verbatim transcript be ma therefrom. We offer to pay any expense involved in preserving these ta for a reasonable period of time, pending a legal review of the action tak the City in that proceeding. If you do not feel you can comply with my request, please ac 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 reaso~ offer to reimburse the City for any expense involved. Very truly you s, (&kt );,c{1".* (.Gf -1 ' x&---- , %!dward Gib on As sistant Gener a1 Att orne I Id cc : Vincent F. Biondo, Jr. .;N //VI/' iio > i