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HomeMy WebLinkAbout1982-05-18; City Council; 3528-13; Agua Hedionda Land Use Plan Second Public HearingI AB# 3s'2&4e/s TITLE: AGUA HEDIONDA LAND USE PLAN: SECOND PUBLIC HEARING N MTG. 5/18/82 N a m DEPT. pL D EP1 CITY CITY e a % N cn rl a b2 VI B 3 23 3 i B G u .rl 3 b b a co g m 2 a Q) u. a 8 cd rl .rl 0 hl co 13 A rl 9 '0 E a. 4. 3 u rn 2 0 c 2 1 0 2 s o - CIT~~F CARLSBAD - AGEND~ILL RECOMMENDED ACTION: Approve the Agua Hedionda Land Use Plan. Adopt the attached Resolution No. bf77 , approving the Plan, and forward the P to the California Coastal Commission. ITEM EXPLANATION The Agua Hedionda Land Use Plan was originally approved by th Carlsbad City Council in October 1977. The Land Use Plan was returned to the city by the State Coastal Commission with1 32 conditions of approval (issue areas requiring modification to fulfill the requirements of the Coastal Act). In response to the Coastal Commission's action, the city forn a Negotiating Committee made up of Mayor Packard and Vice-Mal Mary Casler, and members of the State and San Diego Regional Coastal Commission. The Negotiating Committee met for approximately 18 months, and agreed upon a final set of ;!4 conditions which resolved all major differences between the c and the Commission. The revised Agua Hedionda Land Use Plan represents a resubmit of the original Plan. It incorporates the Plan as original11 approved by the City Council in 1977, the agreed upon necjotil conditions, and utilizes a new format. The new format is ba: on that of the city sponsored Carlsbad LCP, which was approvl by the Regional Coastal Commission. Consistency in format between the various parts of the Carlsbad Coastal Zone will provide for eventual integration of all LCP documents. The Land Use Plan is one of two major components of a Local Coastal Program. The second phase, Implementation and zonint programs, will be processed subsequent to city and Coastal Commission agreement on the Land Use Plan. When the total LI Coastal Program is approved by the Commission and the city, city will regain full permit authority in the Agua Hedionda area. Recent state legislation requires that the city have interim implementation program within 120 days of Land Use P approval. As required by State Law, city staff has scheduled a six-wee public review period. Approximately 400 notices were mailed property owners, public agencies and interested parties, and notices were published in the newspaper and posted in public places. Copies of all written comments will be made availah to the City Council as they are received. Action adopting this plan will effect the implementation of smaller specific plans currently in effect in the Agua Hedic area. Specific Plans currently in effect do not conflict wj this Plan, and will be subject to the provisions of the Aguz Hedionda Land Use Plan. ? 4 AGENDA BILL MAY 18, 1982 PAGE 2 FISCAL IMPACT 1. Commitment of staff time for Land Use Plan agproximately $10,000. $900.00. 2. Land Use Plan printing cost ($6.00 per copy): approxima 3. Commitment of staff time to complete Phase 11. Implementation Plan approximately: $6,000. ALTERNATIVE Alternatives ma:y include City Council modification of thle Lai Use Plan; no action on the Plan; deferring action to a subsequent meeting. EXHIBITS 1. City Council Resolution of Approval No. 6877 . 2. City Council Ordinance No. 9621 deleting Specific 3. Staff summary and copies of written public comments Plan 13. (to be tr,ansrnitted by May 14, 1982) '4 % II 2 3; I * ' I 51 6 'd 8 9 3.0 I1 12 13 l4 is 16 1'7 1.9 l8 22 23 24 25 26 27 21/ 0 .e .. RESOLUTION NO. 6877 A RESO'LUTLO!? OF THE CITY COUNCIL OF THE CITY OF CARLSP.AT) p CALIFORNIA, ADOPTING THE. LAND USE PLAN PORTION OF THE AGUA I-IEDIONDA LOCAL CGASTAL PROGRAM _- WHEREAS, the Carlsbad City Council. did conduct duly no{ lpublic hearings to rleceive public testirnony on this mzctter I may 4, 1982, and on May 18, 1982; and _- -- _______---.-__ WHERGAS, during all proceedings involved in the prepar and processing of said plan the City has provided maximum opportunity foK the pubJ-ic as well as all affected persons entities to participate; and I WHEREAS I'. Ijursueint to Public Resources Code section 305 city of ~arlsbild ik required. to prepare a local coastal prc I ifor that portion of the coastal zone .lying within its I jurisdicaticn: and WHEREAS r in making such determinations and formulatinc . policies the City Council ' has been fu.lly apprised of the requirements, policies, and goals of the California Coilst& of 'i976 and has made such determinations and formulated su( \policies in full cmformity with the requirements, policie: 1 2*'/and goals of that Act; NOW, THEP:EFORE EE IT RESOLVED by t,he City Council of City of Carlsbad as follows: . ' 1. That the Land Use Plan of the Ag~8 Hedionda I-ocal coastal program ccn-sistinq of text, maps, and wri policies, is approved and adopted. . That the Land Use plan is consistent with existin specific plans in the area .effectc;.d by the Aqua H Land Use ?Lan, and incozpofakes by reference the provisions of Carlsbad Specific Plans 12; 31: 101 144(,q); 144(~); 144(C); and-Specific' Plan lQOl. 2, I *c w 'b '2 3 4 5 6 7 8 9 10 SI PZ 3-3 15 J6 17 '18 19 20 21 . 22 23 24 25 26 27 28 1'. 0 .e 3. That 'the Ea.nd'Use Pian fulfi.1.9s the policies and 5 of the Coastal Act and is in conformity with the policies of the Coastal Act of 1976. That the Lmd Use Plan and the local coastal progr whicii it is a part are intesacled to be carried out manner fuil!y in cofiforrnity with the Coastal Act. 4. PASSED, AND ADOPTED at a regular meeting of the said C , 1982 E - Council held om the I&h day or' &J' by the following vote, to wit: AYES ." NOES: Nor1e ABSENT: Council lkmber Packard Corrncil Miers Casler, Anear , ~TG+S and KulClain .. 64 h /+ @&&+-q,/ +j /Lg->u+ .; /- -- ,. RONALD C,! PACKARD, Mayc MARY E. CASLER, Vice-Mz .I" . ATTEST: 1°F 4 <--&La QhW!& .. ,// ?A;u+ ALE~:'EA L. RAUTEN<XANZ~ City c erk (Seal) 7- I 9 1. I .. -2- .% . .. . e 1 3 , 4 nl 5 6 Cy '8 . 10 ll 12 13 0 a@ ' - l 9621 __...I- _-_,-_ - . ORBIm:I<cE NO, AN OF:gxNpQqCE ()E" THE CI?.'JI OF CARLSBi:?D DELETIfisG SPECIFIC P1,AN 13, ON PROPER'YU LOCA'L'ED OM THE Sl'fERiY Q!JADRP,r\l'T (jl.' I!;j%EESTAZ;E 5 ANI) - - CA8?< 0 N RO A D _____-____.__-_I 21. The Cit.y Council of the city of Carfsbad, CaPiformia, i crdain that the Specific plan 13 I adopted purs~s.clnt to (Ordi .No, 9277, for the hereinafter described real properkyo he 1 1 in thi~? foPlcrwing particulars: SECTION 'i 2 ~~operty Description ____I__^______ ___l_l ------- 7;ha.t portioil of Lot E, Ranc!-.o A~ua Hedionda Map 823, in the city Of: ,.. Carlsbad, eoun'cy of San Diego, state 070 of the RSEjZSS92'.:S Map of Sa'' Diego Co~nty, of C2li2ornia, 24I.so being parcsE IL, Eook 210, page dLLL iON :2 : Genei-ai con?! it icrrs spe~ific pla;~ 13 be ctei.eted subject to ~Ple fo5.9.ot;-irrg LC i i C1PPT,*' i I - ______^___ -__._----.--. -_-- ,. 1.6 lPFj I? (A} Develop 2nC 02 the j?:iopel:ty tli~oribed in Se~tior h,ere-of shall be subject %o the provision:; arid regulations Agua Redicnd& Land use PlaIz, I (R 1 ~1.i pub1..ic i~xprovemer?'cs shcx3.l. bs Eade in conforr 1 wit11 the Sub6ivi-c ian Ordinance and; other city standards tt 1 -.' 24 adopkion of- this ordii-:.c?nwe and taus? it to be published a .* 1i I SI 2 4 5 6 .7 8 9 10 gl 22 13 0 9 ' . .. PASSED, F;XD ADGPTED at a reguPa-r meeting OE the said 1 f 1'982 Councj-1 held on the 1st d3.y of &IE by thc foLioi)iLng "Gkzr to wit: -_-_ -__- AYES 2 C:Oimcl".l. Ikrhers Packad, CasI-er, hear, Lm5s and Kulcl Pj0E.S 2 None /(54 / ABSENT : I'?CXE /d d.p)G(&5/A5.& \ --______-. -- RClNAIJD e 0 PACKARD I 14ay f. i5:rTEST : 4 fQ -"" " p ?$ :. ?"\ ,.&? T 8 z!#dAd\+~;:2c+ L.-$ (1 r -.q; ,&&,i, v.\2tt*- (Seal) - gLi~~~ph L 5 ~AU;:~E~~X~&~~Z p CltvFlfrk 1 l4 15 ._ 1.- i 1 1s 18 99 21 22 23 24 ... 2Gl l6I.. ' " ' 1 I , .. . * .:> 1 . d" a, 3 il .. ORDINAKCE NO, 9622 I AN OREINANCE' OF THE CITY CGVNCIL OF TIIE CITY OF CARLSBAD I CALIFORNIA, AMENDING ORDIXAKCES NO:;. SPECIFIC :PLAN ADOPTED THEREBY TO DELE?!?Z CERTL'LIN PORTIONS OF TEE PRC;PEXTY SUBJECT TO TEZ SPEC]:- 9279 r 90, s 5 AND 948 1. BY rrm AI'..~E~'~DMENT OF TMF FIC PLAN, MO!ZE SPECIFICALLY, hl;L THAT PROPER1.'Y SUEJ'ECT T'i3 THE SPECIFIC PLI?,N EAST OF INTEI?STATE 6 5. 7 6 The Ci-ty Coiin.cil of -the City of Carlsbad, CaLifo: I docs ordain i.5 follows: . 19 2011 2 2. ' . a2.1 23 24 25 ' 29 27 2cs I j is necessary to delete from the- property covsred by thi3 spl plan 211 of tfre pmperty located east of ~nter-~.. >Late 5. I I SECTION 2 : Tinat Ord.i.n&.n.ce NO L1 9279 as amended b, nanee ~cs, 9d:jG a~c. 9483- is further a.menc?.ed to delete from operation of said specific plan all ,proper-t;y located e,ast I ~ Interstate sa j . SEC'I15:ON 3: That Ordinance No, 947.3 is ammdzd .b 1 aixeniment iectijn 2 of said ordinarlee t.0 iiel.e tc conditions ! z and 3- 1' /// ., 1 2 3 . 4 5 6 '7 8 9 * et '! EF'FE:CTITb7E DArCE: This ordinance shall be effecki-7 tlzir'cy Gays after its ad.opti~n, Etrid-the City Clerk shzll (st to the adoptior! of this ordi.nance alrld cause it to be .pi&li! at least once in the Carlsbad Journal within fifteen &iys i its adoption, I;v'~i":C~-iiCIEI~ kI.dD FIRST READ at a regular meeting 0: d.ay of May -I- Carlsbad ~ity-~ounci~ lieid on the 1982, and. .th&reafter P 16th ---I-- PASSED AND ADOPTED at a regular meeting of said ( c 1982,r by day of June held CIS the 1s t c 0 3.8 79 I 1 ATTEST: 22 23 25 24 (SEAL) I I 26 I 27 28 I '! I e - re--. , Y- . . MEMORANDUM DATE : 3hy 14, 1982 TO : City Coui-icil FROM : Planning Department SUBJECT: PROPOSED REVISIONS TO THE AGUA HEDIONDA LAND USE PLAI As a result of public testimony and written comments on the Ag Hedionda Land Use Plan, staff recommends the following revisic to the Plan text and exhibits: 1. Exhibit B (p.11). Amend Exhibit B to indicate R-C (Recreation Commercial) use in the area adjacent to HOOVE Street, Amend policy 1.6 (p.16) to read: "TO enhance public recreation opportunities, the area between Snug Harbor and Hoover Street shall be designated R-C 'Recreation Commercial. (Source: request of property owners). 2. Policy 3.1 (12.24). Revise policy to specifically allow farming and grazing as follows: "NO uses shall OCCUL' wit the boundary of the wetland, except those activities necessary for maintenance and resource management, farmin and grazing, except as approved by the State Department o Fish and Game, (Source: request of property owners), -- 7 3, P~l.lzy 5.1 (p.34). Revise: "All new utility systems sha be ::laced underground, as feasible and economically -I--.-- practiced." (Source: public comment) . 01) :daws Street. (Source: public comment) o 4, Exhibit E: (~~43). Amend to include an additional viewpoi 5. Pol..icy 3,l(c). Revise: "NO vehicle, pedestrian or equestrian access shall be pernitted within either the wetlaad or environmentally sensitive areas, except for resource gianagement and educational purposes. (Source: State Departinznt of Fish and Game, 1 6. rulicy 3.3 (p.25). Revise: "All dredging activities wil require a peicnit from the Army Corps of Engineers with - review by appropriate agencies, including the DepartrrKt of Fish and Game, U.S. Fish and Wildlife, etc, In addition, a Department of Fish and Game 1601-03 permit ma be required, (Source: State Department of Fish and Game I I 0 e 7. Exkit~It-, C (p.14). Delete area shown as Wildlife Preserve (SC~AZ::~: State Departrnent of Fish and Game,) 8. Ad6 ;7. large Eoldout map indicating the wetlands, as am attcachment to the Plan. (Source: U.S. Department of Fis and Game. ) 9. Exhibit C (p.14). Adjust boundary of South Shore Travel Service area to more accurately depict the area to be developed. I[ Source: SDG&E. ) 10, Poiicy 1,8(c) (p.16). Revise: Other coastal dependaint L - visitor serving commercial uses shall be allowed providin they occupy no more than 50% of the site. (Source: SDG&E.) 11, Policy 1.2 (p.15). Revise to include: "Permitted uses shall include maintenance and extension of utility transmission and distribution systems. (Source: SDGI&E.) 12. Policy 3.2 (13.24). Revise first paragraph to read: "Methods of acquisition of those wetlands east of 1-5 sha be thoroughly explored . . . 'I (Source : SDG&E . ) 13. Poiicy 3.6 (p.25) . Add additional paragraph: "Utility transmission and distribution facilities shall be allowed in wetland areas, provided that maintenance and construction of such improvements does not adversely irnpa environmentally sensitive areas and is consistent with Coaatal Act Policies ." (Source: SDG&E. ) 14. POH~C~ 7.3 (p.15). Add additional statement: "The remov of -?i.I.l material beyond the developable portion and buffe XE~ may be irequired as determined by the State Departmen of zrsh and (;aae." (Source: Coastal Commission.) 15. PSLZ:~ 1.4 (p.16). Revise condition to read as follows: A) The area determined by the State Lands Commission to ?evelopable shall be designated RMH (10-20 units per acre), The remainder of the site shall be designated {>pen Space (OS) . €3) Beyond the southern perimeter of the developable portion of the site, an area of 100 feet in width sha remain undeveloped for the purpose of providing a biif fer between development and environmentally sensitive areas. The perimeter of the developable arl shall be maintained/improved in a manner to prohibit uncontrolled access into the buffer area. Private recreation and landscape improvements in the buffer area shall be made in consultation with the State Department of Fish and Game. Maintenance of the buff area sha:Ll be the responsibility of the homeowners association. -2- 0 0 -. C) ~21s area beyond the developable portion of the proper ;i:id the buffer area shall be dedicated in fee or erisement to an appropriate public agency. Access to this area shall be restricted to scientific, educatio or other uses consistent with resource management in manner acceptable to the State Department of Fish and Game, (Source: Attorney representing property owners , ) Attachments 1. Summary of Public Hearing Comments 2. Summary of Written Comments, with letters attached, PT:ar 5/14/82 -3- AnACHIIAEN1 m a- Staff Response to Public Testimony (City Council Public Hearing May 4, 1982) 1, Ms. Elmer Comment: Split zoning on property? Staff Response: Ms. Elsner's property will not be subject split zoning. Comment: Will zoning conform to Land Use Plan? Staff Response: Yes. During the implementation phase of LCP, revisions to zoning and General l?lan designations to conform with the adopted Land Use Plan will be made. Comment: Public access adjacent to Adams Street is too wide. Staff Response: Public access on Adams Street will be accomodated within the public street righ. of way. Comment: Consider changing the designation on the parcel west of Hoover Street from RM (4-10 units/acre) tu RIC (recreation commercial). Staff Response: Staff recommends changing the designation of the subject parcel to recreation commercial. 2, ~r, Christianson - ' Comment: Request changing designation on parcel west of Hoover Street from RM (4-10 units/acr@) to RC (Recreation Commercial). Staff Response: Staff supports the request in land use change e 3. Mr. Hunts Comment: Open space designation on Papagayo property appears to be too large, Staff Response: The Land Use Map is meant to provide (a general depiction of land use activities. The existing open space easement on tlhe Hunts property iS sufficient to fulfill t' intent of the Land Use Plan, 0 a -. 4. Mr, Clarke _---”..- Commer-if-.: City Council should consider limited power boat StalfE Response: Policy 6.6 of the Land Use Plan allows tl city to restrict power boat usage on Agu< Hedionda Lagoon. 5. Mr, Porninquiz < Comment: Noise impacts from jet ski/power boat usage on ‘ usages on the Lagoon. lagoon may adversely impact the Hedionda Point area. Staff Response: Policy 6.6 of the Land Use Plan provides city regulation of power boat usage on tf- Lagoon . 6, Mr. Kelly Comment: Concerned with apparent conflicts between policj 1.2 and policy 3.1. These discuss the allowable uses in the wetlands. Staff Response: The policy language in 3.1 is meant 1x0 regulate development in environmentally sensitive areas, and the wetland areas tc be acquired by the State. The policy language in 1.2 established allowable use in wetlands that are not acquired by the State Department of Fish and Game, ~o;nm?n!r: How will requirement for fencing to control acct .into wetlands be implemented? StnfE Rzspvrise: Fencing will be required as new deve:topmc Cownent: Concerned with policy 3.1 provision to allow cor adjacent to wetlands occurs, tinued agriculture, StafE Response: That the portion of policy I, paragraph 2 dealing with agriculture be reworded as f lows: “NO uses shall occur within the boundary of the wetland area, except tho5 activities necessary for maintenance and resource management, farming and grazing, except as approved by the State Departmer of Fish and Game.” -2- e * .. Comrneni--: Policy 5.1 requirement for undergrounding all ne Staf€ Response: Staff recommends rewording Policy 5.1 as follows: "All new utility systems shall placed underground, as feasible and commonly practiced . 'I utility systems is unreasonable. Comment: Cannon Road should not be bridged over wetlands Macario Canyon. Staff Response: Coastal Act policies prohibit the placement of structures or fill in wetlands. The bridging of Cannon Road at Macario Canyon is the only way that the road can be constructed within the requirements of the Coastal Act. 7. Mr, Kennedy Comment: Concerned with potential increased density and Staff Response: The Land Use Plan provides for the lowering of density on Hedionda Point, we of Adams Street from 4-10 du/ac to 0-4 du/ac. The plan proposed land use consistent with that currently in effect property east of Adams Street, and propos no change of zone in these areas. allolwing smaller lots in the Hedionda Point area 8. Mr. Scotnicki Comment: Is there specific timing on the construction of Cannon Road? Staff Response): The Land Use Plan does not contain a specific phasing program. Cannon Road wi probably be constructed as adjacent development occurs, Comment: Protection of agricultural lands? Sta€f Response: The plan provides for the preservation of most of the south shore agricultural land The construction of Cannon Road will provide for fencing to control access int adjacent agricultural areas. -3- 0 e 9. Mr, Slaw --- Commeat: Concerned with private/public conflicts in provi Staff Response: Public access to and along the shoreline sion of public access along the north shore. a primary requirement of the Coastal Act. Potential conflicts between public and pr vate shoreline use can be minimized throu appropriate design and site planning. t IO. Mr. Dominquez Comment: Plan needs to be studied more thoroughly. Staff Response: No comment. Comment: Plan should incorporate additional viewing area currently informally used by public on Adams Street. Staff Response: Staff recommends incorporating an additio viewpoint on Adams Street, as recommended Mr. Dominquez. PT : rh 5/13/82 -4- a ATTACHMENT m .* - SUMMARY OF WRITTEN COMMENTS 1. Department of Fish and Game Comment-,: Rewrite policy 3.1 (c) to read "NO vehicle, pedestria or equestrian access shall be permitted within either the wet1 envircnmental3.y sensitive areas, or buffer areas, except for resource management anti educational purposes ." Staff Response: !Staff supports the proposed revision. Comment: Revise :Last line of policy 3.3 to read: "All dredgin zctivities will require a permit from the Army Csrp of Enginee with review by approprj-ate agencies including the Department o Fish and Game, U.!;. Fish and Wildlife, etc. In addition, a Department of Fish and Game 1601-03 permit may be required," Staff Response: !Staff supports the proposed revision. Comment: In the map irn Exhibit "C" the area designated "Wild1 Preserve'' should be deleted. Staff Response: !Staff supports the proposed revision. Comment: The reduced scale wetlands map only approximates wetland areas. The full size original map should be included an attachment to the p1-an. Staff Rzisporase; !Staff supports the proposed revision. 2. Sail ~i'i?go Gas and Izlectric Comment; *The bsundary of the south shore travel service area should $9 sdjusted to more accurately designate the areaa. Staff I-iiespjonse: !;t-,aEf support the proposed revision. Conlent: Please define the term "other coastal dependant uses Staff Response: Coastal dependant uses are those land use activities which require a site adjacent to the water in order functi~n, Staff irecommends revising policy 1.8(c) to read: "The priniary use of the site shall be aquaculture. Other coastal dependant -- and visitor serving uses shall be allowed, providiraj they occupy no more than 50% of the site. Comment: Concerned with policy 1 ,8(c), which requires landscaping around the Ecke property to screen improvements frc Carlsbad Boulevard, _I-- __*-.--__I_. 0 0 Staff Respmse: Staff recommends rewording as follows: It 0.0 and shall. provide peripheral landscaping which, at maturity, will screen all objecti.onable improvements (i .e., aquaculture facility, outside storage, parking areas, etc.) as viewed fro1 Car lsbad Boulevard. Comment: Objects to language in Section 3024(b), page 22., Staff Response: Section 3024(b) is a policy of the Coastal A( City staff cannot revise Coastal Act Policies. We do, howeve; recommend additional language in policy 1.2 as follows: "Permitted uses shall hclude maintenance and extension of utility transmission arid distribution systems ." Comment: Concern that SDGhE must control the outer lagoon as important water cooling source for the Encina Power Plant,, recornmends revision for policy 3.2 to reflect this, Staff Res9onse: Revise first paragraph of policy 3.2 to read: "Methods of acquiring t.hose wetlands east of 1-5 shall be thoroughly explored by the city, Coastal Conservancy, State Department of Fish and Game and property owners, Comment: Request revision of policy 3.6 to allow for maintenance and extensi.on of utility lines into wetland area. Staff Response: Staff recommends adding the following additional parayrqh to policy 3.6: "Utility transmission ani distribution faciltitiea shall be allowed in wetlands areas, provided that maintenance and construction of such improvement does not adversely impact environmentally sensitive areas and consistent with Coastal Act Policies, 5. coastal Commission- Staff Comment: Policy 'I .3 (It and R property) should be revised to include languags discussing the possible removal of fill i.n areas beyond the 'I 00 buffer. Staff Response: Staff recommends adding additional language t policy 1.3(c) and 3.8(b), "The removal of fill material beyond the developable portion and buffer area may be required as determined by the State Department of Fish and Game. Comment: Language should be included in policy 1-6 which alla for recreation cormerci.al use in the area west of Hoover. Staff Response: Staff concurs with the property owners irt the area, and recommends that the entire area west of Hoover be designated for Recreation Commercial use. Comment: The Plan should include a large fold-out map of the wetlands. -. Staff Response: Staff supports the addition of the map as an attachment to the Plan,, -2- a 0 2’ Staff Response to Other Comments Mr e TebSS-tts Comment: Request revision of Policy 1.4, Staff Response: City staff and Mr. Tebbitts, attorney for thc Ferrero property, have reached agreement on a revision of pol. 1.4, Mr. Knox Comment: Pubic access along the shoreline is a problem, coulc create conElicts and sliould not be located between private property and the lagoon, Staff Response: Public access to and along the shoreline is E major policy of the Coastal Act. Potential impacts can be! medicated through project design and appropriate site plarlninc .- * -3- .. a . S&e of California, Edmund G. Brc aJr., Governor California Coastal Cczmssion San Diego District 6154 Mission Gorge R-Jad, Suite 220 San Diego, Ca1ikm:ia 92120 (714) 280-6992 ATSS 636-5868 May 4, 1982 James C. Hagaman Director of Planninlg City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Subject: Coastal Cmuniss:ion Staff Comments Regarding the Revised Draft Agua Hedionda Land Use Plan (Lup) Dear Mr. Hagaman: It is obvious to thle staff of the Coastal Commission that City Planning Department staff has expended considerable time and effort in developing the revised draft Aqua Hedionda Land Use Plan. Clearly City staff lias been very responsivla to the decisions of the negotiating committee which developed proposed modified policy language to the Agua Hedionda Plan. As you know, the negotiating committee was established to determine alternative policy language which would be acceptable to both the CLty and the Coastal Cormnission as a result of earlier action on the Agua Hedionda Plan, in general, the negotiating committee, which consisted Of several City Couacil and Coastal Commission members, was successful in narroving the differences between the City and Commission regarding the Agm iiedioncla Plan. The next logical step in the process, which the City nas cornrenced, is resubmittal of the Agua Hedionda LUP for Coastal Commission ,approval. In reviewing the revised draft Agua Hedionda LTJP (which once acted on by City Council will constitute the City's resubmittal. of the Agua Hedionda LUP), Coastal Commission staff has several cmments. For ease of reference, we have followed the policy format 3f the revised draft Agua Hedionda -LUP. Policy I. 3 - Regarding I-and use policy 1.3 (the "L" and I' R" property, page 15 of the ?lan), it is our understanding that there has been a settlement between the "L" and "R" ownership and the State Lands Cornmis- sion concerning public trust claims. While not disagreeing with the settlernsnt, based on the fact that a portion of site involves fill which at or?e time wr2s considered temporary stockpiling of material according to the Army Corps of Engineers, Commission staff consider:; it appropriate and reasonable to require under subheading (c) of po:Licy 1.3 that language be added which would indicate that the portions of the fill beyond the developable portion of the property and the buffer MAY 12 198 CITY OF CARL: Plannlng Depart 0 0 *> Mr. James ‘Liagaman, Director May 4, 19t32 Page Two area he removed, in whole or in part, by the landowner prior to or con- current with construction on the developable portion of the site if the removal is determined by the State Department of Fish and Game as appro- priate action to enhance the biological value of the lagoon. Policy 1.6 - In an attempt to reach a compromise on the extent of RC (Recreation Commercial, page 16 of the LUP) area designated on the north shore of the lagoon, Commission staff suggests that additional language ’ be considered which would maintain the requirements of policy 1.6 but which would allow (not mandate) commercial recreation uses on the other parcels between Snug Harbor and Hoover Street (reference attached exhibit Policy 3.1 - As a point of clarification concerning the Kelly propeirty, it is the Cornmission staff’s understanding that Exhibit ”D” referenced ir policy 3.i is a schematic reflecting the actual State Department of Fish and Game wetland map dated August 7, 1981. As such, any permit appltica- tions would be reviewed based on the actual Fish and Game wetland map in determining wetland boundaries- Policy 3.8 - The Commission staff’s concern regarding this policy is the same as that stated for policy 1.3. Policy 5.8 - The issue of extending Cannon Road to the east from 1-5 has been a mdjor concern in developing the Agua Hedionda Plan. Numerous; meetings have been held on this subject. In developing the precise alignment for Camon 2oad the critical issue will be designing an al!ign- ment wh Lch is the least environmentally damaging alternative. The policy languaga contained in the Agua Hedionda plan appears adequate to conzply with C3z,:;kal Act policy aqd provides sufficient general parameters (desi5 criterra) for developing the precise alignment of Cannon Road. However, ~n remain cmcerned that the precise road alignment may adversely affect wet lands. Szcn impacts may be allowable if the wetlands are determined by t State .;3e;ia_rtment oE Fish and Game to be severely degraded and in need of restoration and if any wetland modification is part of enhancement/restoi efforzs Frx the wetlands of Agua Hedionda Lagoon. Recent progress has bc made In mvdoping the prscise alignment and we will continue to work wit your stakf arid t‘ne Department of Fish and Game in resolving this contplicz issue. In conclusion, Commission staff believes the revised draft Agua Hedionda Land Use Plan is in a fonn, or very nearly so, which the Coastal Conunissi could approve as being in conformity with the policies of the California Coastal kt, 9bviously our concerns stated above are quite limited and i several .i_nstances simply clarifications. We are quite pleased with the F being m”e on the plan and look forward to the ultimate certification of Agua HecXorida Land Use Plan. If you have any questions regarding this le please contact Chuck Damm at the San Diego District office. f District Director TC:lro 0 @ 0 FILE NO May 13, 1982 Mr. Pat Tessier City of Carlsbad 1200 Elm Avenue Carlsbad, CA 920013 . SUBJECT: AGUA HEDIONDA LAND USE PLAN, DRAFT COPY DATE3 MARICH 1982 - - - - -- - - - - - - - - - - - - - - - - - - Dear Mr. Tessier: I have reviewed the subject plan on behalf of SI: The boundary for the "travel services" land shown or page 14 should be further north and east. This woul be consistent with the boundaries shown on page 38 i with the written description of the area. Page 1.9, condition 'A'. We would have no object:ion the permanent open space easement in favor of the Ci of Carlsbad. Jx Page 16, the ECKE parcel, condition 'A'. Could you glesse define what uses would be allowed under the t "other coastal dependent uses ." Page 17, condition IC*. This condition seems to rec "peripheral landscaping which at maturity will scree a11 private improvements as viewed from Carlsbad Bo1 vard." All uses on this parcel are regulated by COI iozal use permit. If screening is neccessary 01: de: this should be a condition of the CUP. It seems unc arily inflexible to require screening of all private proveinents before you know what they are. JC Page 22, paragraph 30240 (2) : We agree that envirot ally sensitive habitat areas should be protected, ( concern. with this paragraph is the last half of the sentence: ". . .and only uses dependent on such resou: shall be allowed within such areas ." SDGGcE has exii faci1it:ies in some of these areas. Maintenance and pansion may be necessary. It is iT.; ortant that the recopizes this need with --GTLing 15-7 f 'lar to : and of fer the following comments : -1, II -1- ,\ ,I, 0 POSTOFFICI' BOX 1831 -SAN DIEGO,CALlFORNlA 921 12.TELEPHOYE. 714/232 4252 0 0 -- Mr. Pat Tessier -2- .% May 13, 19t The proximity of the Encina Power Plant and locations of the existing transmission an I distribution system: may necessitate crossing of some sensitive areas wit1 future facilities. Any energy development in serisi- tive habitat areas shall use methods that maximize protect ion and minimize disrupt ion. Y wetlands map includes the entire Agua Hedionda Lagoo1 which is the primary source of cooling water to the Encina Power Plant. SDG&E would object to outside control of such an essential piece of Company prop- erty. We understand the need for protection of sensitive wetland resources. Perhaps some sort of agreement could be considered for the inner lagoon. However, acquisition would be predicated on a determination that the inner lagoon would not be needed as an emergency cooling water source and that changes in the lagoon would not interfere with its primary function. We request that the wording in Paragraph 3.2 be changed to reflect this concern. Suc wording 'could be: "The wetlands area mapped by the State Department of Fish and Game east of 1-5 is recognizled 2s a valuable wetlands resource. The State Department of Fish and Game, the City of Carlsbad, and SDG&E should negotiate a method to ensure t'he continued environmental viability of this resource ,, * Page 29, paragraph 3.2: The subject Fish and Game 11 . .* Page 25, Paragraph 3*6. Second portion - which begins: "The implementation phase of the LCP shall a3so provide .€or impositic;: of wetlands restoration . e .". I suggest you also add "and dredging of the outer lagoon by SDG&E." -L A Page 25, Paragraph 3.6 between 1st and 2nd sentence, I suggest you add something that would allow the intrusion of utility lines into the wetlands areas. Concept wordiing could be: "electrical and gas trans mission and distribution facilities will be allowed to intrude into the wetlands areas when necessary. However, construction and maintenance of said utilit facilities will follow practices that will minimize environmLenta1 impact to this sensitive area. '' ,- -- e e Mr. ;)st Tessier -3- May 13, 19 If you wish to discuss any portion of this lett or t:he Agua Hedionda Land Use Plan, please give me a call 232-4252, Ext. 1523. Sincerely, /gm Lgw * D. L. Rose Land Planner E)LR:mel ce: FMDudley (SDGhjcE) ;(ATE Os CRCI.'OaNtA-bfiESOU?CES AGENCY i-i ' EDMUND G. BBO' __ ____ DEPARTMENT OF FISH AND GA 350 Golden Shore Long Beach, CalifornLi 90802 (213) 530 -5177 .. . Way 18, 1982 James C. Kay-. CIdtan Dircctor of P? anning City of Carlsbad 1200 Elm Avenge Carlsbad, California 92008 Gear HP. Haganan: . Thank you for the opportunity to comment on the Agua Hedionda Land Use Plan draft copy Karch 1382. City Planning branch for its excellent job on this revised plan. the following coments at this time: 1. For Policy 3.1 (c) (p. 24) we recommend the following addition, "No vehicle, pedestrian, or equestrian access shall be permitted within either the wetland, environmentally sensitive, or buffer areas, except for' resource The Amy Corps of Engineers has primary authority over dredging activit: The final sentence of Policy 3.3 (p. 25) should therefore read, "All dredging activities will require a permit from the Army Corps of Engine with review by appropriate agenci,es including the Department of Fish an Game, U, S. Fish and Wildlife Service, etc, In addition, a Department Fish aad &:jine 1601-03 permit may be required;" In the m3p 2x1 EdiFbir C, the area designated as Wildltife Preserve does not accurr-ttely depict all wetland areas and should be deleted. concerns rzgarding potentfa1 preserve areas are adequat.ely addressed ir Policies 3.4, and 3.2 and other open space policies. We would like to point out that the wetland map shown in Exhibit I] only apgroximatzs the Department's actual wetland map. purposes, WE sqgest that 2 copy of our August 7, 1981 map be included as an addendum to the plan. The Department would like to commend the Carlsbad We have management and educational purposes". 2. 3. Our 4. For permit review If you have any questions regarding our COiX72RtS please contact Earl M, Lau (213 590-5iS9) or Frank Gray (2'-3 590-5142). Sincerely p FH&?2E%?&A&'jd Fred A. I.!orthley Jr. Regional Manager Region 5 CC: i Chuck Darn, Don ScIiultze, Frank Gray 0 e 3739 Mt. Ariane Drive San Diego, CA 92111 May 10, 1982 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attn: Mr. Patrick Tessier Plannb~g Department gsi;E%V !A&,, 11 1982 C1-f-y OF CARLSI p1gmhg Dwartn Associate Planner Subj : Agua Hedionda Ltind Use Plan Ref: (A) Agua Hedionda Land Use Plan, Draft Copy, March, 1982. (B) 1st F’ublPc Hearing on Subject Matter on May 4, 1982. Encl: (1) Map olf Block A of Bella Vista in the City of Carlsbad. Gentlemen: As I stated during reference (B) , I had--due to a heavy travel sch at that point in time not had sufficient time to rev5ew reference (A). I have now read your document thoroughly and wish to compliment tk. City of Carlsbad’s Planning Department on presenting a very thorough a well-thought-out plan for the use of this very valuable resource. all respects it is a job well done. Tn the develcpment of a land use plan for an area like Agua Hedior where so many conflicting interests are involved, it is recognized tha is irnpossible to satisfy all interested parties. I, therefore, hope t the fcilowing cmments will be received in the spirit in which they ar offered, namely, as constructive criticism. The property concerning me as an owner is shown on enclosure (1) a Lot 1 in Block A of Bella Vista, This property is in accordance with referace (A) scheduled to be rezoned to Rii zoning (medium 4-10 units acre). As I stated during ref. (B) I request that the proposed zoning of be changed to RC (recreational commercial). I am basing this request the following: In Lot 3 of Block A (1-39 acres) in accordance with ref. (A) is slated fcir RC zciling, similar to the Snug Harbor area immediat ly to the west of Block A. the Snug Harbor area since it is separated from Snug Harbor by However, Lot 3 is not adjacent to e e 1 .. . City or' Carlsbad -2- May 101, 19t the 50 foot wide panhandle belonging to Lot 2. accordance with. reference (A) is proposed to be zoned RM similar to Lot 1. the comercial recreational area on the Lagoon would not be contiguous and the development, therefore, would be dis- jointed. It should furthermore be noted that, in accordance with information available to me, there is a strip of tidelands and public access running along the shore of the lagoon which can not be used for development. with only approximately 0.8 acres of useable land. For commercial use this is hardly enough for meaningful develiop- ment when allowance is made for off-street parkmg, sidewalks planting:; , etc. In order to give a potential developer the opportunity to create a meaningful recreational/commercial development in this area in juxtaposition to and contiguous with the exist- ing recreational area at Snug Harbor, I strongly recommend that Lots 1 and 2 also be zoned RC. land likle Block A (approx. 2.7 acres) will allow a meaningful developmnt which can be attractively executed, allowing for extensivle landscaping giving it a character and style more in line with the overall attractiveness of the City of Carlsb The proposed rezoning of all three lots in Block A to RC give the City of Cairlsbad the best possibilities for the develope of an attractive recreational area. It eliminates any form o spot-zoning, it increases the property tax base and eliminate the potential :impact on the school system of the IN zoning. few ir,coEsistencies , and those found can be considered unimportant o proposed plan displays a lot of imagination and careful staff work, fortmately, I will not be able to attend the 2nd hearing on May 18 d to a prior commitixent, so please accept now my compliments, now <after almost 6 years have just about completed, this arduous but important Lot 2, ini Due to the effect of the Lot 2 panhandle, ' This leaves Lot 3 A rectangular piece of bide front the above remarks, my review of the document found ver Very truly yours, g$&ZLkL- K. K. Christensen KKC/ j ar 4) mmmwwm3 -Y------------WT-----*_-- .Tzz?~-.~,.. -___,___ - PAGE 4 11 14 21 31 33 35 38 43 44 49 @mibib A. LCP PLANNING AREAS B. LAND USE PLAN AREA C. LAND USE D. RESOURCE MANAGEMENT/WETLANDS E. PUBLIC WORKS AVAILABILITY F. CANNON ROAD ALIGNMENTS G. CI RCULATI ON H. URBAN DEVELOPMENT I. BICYCLE FACILITIES J. PEDESTRIAN ACCESS K. VIEWPOINTS L. WETLANDS MAP Foldout Exhibit a back of document. M. CANNON ROAD ALIGNMENT Foldout Exhibit ai back of document. u, UNEDrnR city of carlsbad local coastal F I. INTRODUCTION This document represents a revised version of the Agua Hedio Specific Plan, originally submitted to the California Coasta Commission in October, 1977. This plan proposes land uses a environmental control measures for an 1,100 acre segment of Carlsbad Coastal Zone, including the 230 acre Agua Hedionda goon and adjacent marsh, upland habitats and wetland areas. 1. Plan History The Agua Hedionda Land Use Plan was originally develope a pilot local coastal plan under a $16,000 grant from t California State Coastal Commission. me Plan was formulated as a joint effort between property owners, t city of Carlsbad and the Coastal Commission. Follolwing numerous public hearings and workshops, the plan was submitted by the city to the Coastal Commission in Octo 1977. Several public hearings regarding the Plan were conducted by the Regional and State Coastal Commissions the Plan was returned to the city with 32 conditions of approval (32 issue areas requiring modification to meet requirements of the Coastal Act,) In response to the State Coastal Commissions actions re ing the Plan, the Carlsbad City Council suggested setti a Negotiating Committee to resolve unsettled issues. 1 Negotiating Committee, including city and Coastal CJommj staff members and elected representatives, began mcretir July 6, 1979, The final meeting of the Negotiating Con tee occurred in November, 1980, and resulted in a revis version of 24 conditions of approval resolving the majc of unsettled issues, This Plan represents a synthesis of the original Plan, corporating the negotiated conditions of approval, and lizing the format of the city - modified Carlsbad Local Coastal Plan, prepared by the firm of PRC Toups. Attac 1 provides a complete chronology of the development and procedural aspeet&:of the plan. 2. Scope Each of the 15 counties and 53 municipal jurisdictions alon the California coast are required to prepare a Local Coastal Program (LCP). The LCP consists of a local governments Land plans, zoning Ordinance and Zoning which meet the requiremen and implement the provisions and policies of the California Coastal Act. The LCP consists of two principal componants: the Land Use Plan and (2) Implementing Ordinances. This por of the Agua Hedionda LCP is meant to fulfill the requirement for a Land Use Plan. Implementation will be considered at a later date, subsequent to city and Coastal Commission review approval of the Land Use Plan. The Carlsbad Coastal Zone, as a result of legislative action has been segmented into four distinct planning areas. (see Exhibit "A") These are as followst Agua Hedionda LCP Segment - 1,100 acres; Mello Bill Local Coastal Plan Area - 1,000 acres; San Dieguito LCP (County of San Diego) - 1,191 acres; City of Carlsbad Local Coastal Plan - 5,307 acres; This plan addresses only those issues pertaining to the 1,lO acre Agua Hedionda Local Coastal Plan area. - 2- I1 . BACKGROUND This section of the plan addresses the major componants and ments upon which development of the plan is based. The plan presents a synthesis of the requirements of the California Coastal Act, relevant policies of the Carlsbad General Plan the environmental concerns and mitigation measures contained the Agua Hedionda Environmental Impact Report. 1.- *Environmental-Settinq Agua Hedionda Lagoon is one of three coastal lagoons wi the Carlsbad General Plan Area. The lagoon is central1 located in the Carlsbad Coastal Zone, and comorises approximately 230 acres of water surface, and additfona upland marsh and wetland areas. The lagoon extends 1.7 miles inland from the coast, and is approximately .5 mi across, at its widest point. The lagoon consists of th distinct areas, as follows: (1) Outer Lagoon, comprising 66 acres of water, used a cooling water source for the SDGbE power plant facility; (2) Middle Lagoon, containing 27 acres of water surfac used principally for passive recreation uses; (3) Inner La oon, totals approximately 140 acres alf wa e sur ace used for active recreation activities. Additional wetland areas, containing environmemtal sensitive habitats, are located at the extreme! eas end of the lagoon. The separation of the lagoon into three areas is thLe re of the development of transportation corridors crossing lagoon body. These include the construction of the railroad in the late 18001s, the bridqing of the lagoon mouth by Pacific Coast Highway in 1910, and the construction of the 1-5 freeway corridor in 1967. Originally, the lagoon was an increasingly restrict:ed s water marsh, the result of accumulated sedimentation, a the absence of tidal flushing. Between 1952 and 1954, -3- LcPPiA"GAREs iiiiiiiiil 'm HEM0NlA IWCARLSBADUJ? MEW BllL ............... .......... ................. ..... ............ :.:.>: ......... ......... ........ ................ SAN DIEGUITO San Diego Gas and Electric Company (SDG&E) removed appr imately 310,000 cubic yards of sediment from the laqoon restoring the lagoon to an average 10 foot depth, and opening the lagoon mouth to permanent tidal flushing . noted in a report by the State Department of Fish and G the resultant deepening and tidal flushing created a ne deepwater environment, supporting a wide variety of ma and terrestrial environments. state "This environment, or ecosystem, contains a high1 diverse flora and fauna that, in addition to making a m interesting and attractive lagoon and wetland, provides wider range of recreational and educational use." 1 2. The California Coastal Act The California Coastal Act, originally passed as the California Coastal Zone and Conservation Act on Novembe 1972, and subsequenlrnia Coasta Act of 1976 provides the basic policy framework upon wh the Aqua Eiedionda Plan is based. The Coastal Act requi coastal counties and municipal jurisdictions to prepare Land Use and implementation programs for all lands with the California Coastal zone. The major policies, goals and priorities articulated in Coastal Act of 1976 are as follows: Basic Policies: That the California coastal zone is a distinct and valuable resource of vital and enduring interest. to the people and exists as a delicately balanced ecosystem; That the permanent protection of the state's natural scenic resources is a paramount concern to present a future residents of the state and nation; That to promote the public safety, health, and welfa and to protect public and private property, wildlife marine fisheries, other ocean resources and the natu environment, it is necessary to protect the ecol.ogic balance of the coastal zone and prevent its datatioration and destruction; That existing developed uses , and future development that are carefully planned and developed consist:ent the policies of this division, are essential to the economic and social well-being of the people of this state and especially to work persons employed wlithir coastal zone, The report goes on to - 1 Bradshaw, Jack. The Natural Resources of Aqua Hediorlda Lagoon. U.S. Fish and Wild1 ite Service, San Diego, Cal.itorr June, 1976. P.1. - 5- Basic Goals: Protect, maintain, and where feasible, enhance and re store the overall quality of the coastal zone environ and its natural and man-made resources. Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. Maximize public access to and along the coast and pub recreational opportunites in the coastal zone consist with sound resource conservation principles and const tionally protected rights of private property owners. Assure priority for coastal-dependent and coastal re1 ted development over other development on the coast. Encourage state and local initiatives and cooperation . preparing procedures to implement coorinated planning development of mutually benefical uses, includinqr edc tional uses, in the coastal zone. Priorities : The Coastal Act articulates land use priorities for the coas zone. Highest priority is placed on the preservation and pr tion of natural resources, including environmentally serisiti habitat areas, wetlands and agricultural lands. The.fo1,lowi lists Land Use/Development priorities defined by the Coastal Preservation of natural resources and environmenkally Coastal dependent development ( i.e. development reqt Public recreational uses: Vistor-serving commercial recreation: Private residential, industrial and commercial dtsvelc 3. Carlsbad.Genera1 Plan: Goals and Policies The Carlsbad General Plan provides the broad guidelines goals which shape and direct the future growth of the c sitive areas: ing a site adjacent to the ocean to function); ment. # -6- The General Plan recognizes the unique environmental. st; of the lagoon and its environs, designating the enti.re shoreline, and a majority of the flood-plain area anld tt south shore properties as "open space". The General. pi: further requires the development of a specific plan for lagoon area, and designates the entire Aqua Hedionda, P~Z area as a "special treatment area". In order to provide consistency with other areas of the city, and to allow for the eventual inteqration of the c tents of this Plan with the overall General Plqn, the Sg fic Plan must address relevant aspects of the General1 PI Major goals and policy groups of the Carlsbad General Plan re vent to the formulation of this Plan are summerized as fcrlloa Land Use Preserve and enhance the environment, character arid ir of the city as a desirable residential, beach and ope! space-oriented community; Promote the economic viability of the agriculturalt anc horticultural industries; Generate the development of commercial enterprises; thr support local industries, population and tourist 1:radc ' Encourage development only in those areas which can be support a change in land use without adverse impact; Protect and conserve natural resources, fragile ecoloc cal areas, unique natural assets and historically sigr ficant features of the community; Provide for an orderly balance of both public and pri- vate land uses within convenient and compatible loca- tions throughout the city and ensure that all such USE - (type, amount, design and arrangement) - serve to px tect and enhance the environment, character and irnage the city. Open Space/Conservation Landforms. To protect the unique variety of landform! distinctive of the city's topography and to ensure thi the development process considers and strives to pre- serve these landforms rather than to create an uniiatui al, uniform landscape. Outdoor Recreation. To conserve, develop, and utilizt areas particularly suited for outdoor recreation by pi serving areas of unique scenic, historical and culturz value and developing areas especially suited for actiy park and recreational purposes. -7- ' Preserv-ation of Natural Resources. To preserve natura resources by: protecting fish, wildlife and veqetatio habitats; retaininq the natural character of waterways shoreline features, hillsides and scenic areas; safe- guarding areas for scientific and educational research respecting the limitations of our air and water resour to absorb pollution; encouraging legislation that will assist in preserving these resources. prime soil as a natural resource and as a sisnificant contrasting land use to the urbanized environment of t city. e Agricultural Lands. To regard agricultural land amd Geoloqic Hazards The Geologic and Seismic Safety Element goal is to mir mize the loss of life, injury to health and destructic of property in the city of Carlsbad by implenentinq nc cessary planning and development pol icy recommendiatioi that give consideration to potential geologic and sei! mic occurrences and their long range impact on the COI munity. Circulation Coordinate the circulaticn plan with the development the scenic route program (covered exclusively in the Scenic Highway Element) for the preservation and enha cement of the scenic qualities of selected corridors. Improve operational efficiencies of streets by using dern design standards and the latest available techno logy. Include provisions for emergency and public se vice vehicles. Construct each addition to the circulation system so that it will provide a usable link in the total syste Provide bikeways for school routes, commuter routes 2 recreational uses. Also, make provisions for bik:ewal in virtually all new major secondary and scenic road- ways, Coordinate implementation of bikeways with Pal and Recreation Element. Encourage and assist in the planninu and development a regional mass transit system with other appropiriatc agencies. Housing Preservation. Preserve the neighborhood atmosphere, tain the indentity of existinq neighborhoods, maximi open space and ensure slope preservation- * -8- Choice. Ensure a variety of housing types, a choice < all ecomonic ranges, wide range of housing types, apa1 ments, townhouses, etc. , different styles and price if vels in a variety of locations, Housing Needs. Utilize programs to revitalize deteric ating areas or those with high potential for detelriori tion; seek to provide low and moderate income houaing 4 . Environmental Impact Report The Environmental Impact Report (EIR) on the Aqua Hedioi Local Coastal Plan was certified by the Carlsbad City Council on December 21, 1976. All mitigation measures recommended in the EIR were accepted by the Carlsbad Ci Council, and have been incorporated into this Plan. ~h Aqua Bedionda EIR thoroughly documented and identified potential environmental impacts, and recommended an .excellent mitigation program aimed at minimizing all potential adverse impacts. In the process of review, tl EfR was well received and considered to be a thorough analysis of the proposed Plan. In an academic critique the Plan, funded by the State Coastal Commission, an analysis of the EIR states "The EIR adequately, if not excellently, assesses the natural resource values... a presents a reasonable analysis of impacts and mitigatio measures.' 2 A report on Aqua Bedionda Lagoon by the State Department of Fish and Game concludes 'The EIR reflects the city of Carlsbad planning departments awar and concern for the areas natural resources", and furth states that "The Specific Plan also enumerates thorough environmental impacts that cannot be avoided if the pro is implemented, and many sound mitigation measures for impacts identified." 3 2 Onuf, Christopher, Guidelines for the Protection of the Natural Resources of Ca'lifornias Wetlands. University ofr California, Santa Barbara. May, 1979. P. 1-12, 3 Bradshaw, Jack. The Natural Resources of Aqua Hediorlda Lagoon. U.S. Fish and Wildlire Service. San Diego, CaJLifor June, 1976, P.8. -9- ula ' mD USE I ~ Laguna Riviera Neighborhood c:ity ' of carlsbad local coastal p: city of carlsbad local coastal P 111. LAND USE PLAN This report comprises the Land Use Plan portion of the Algua Hedionda Local Coastal Plan. The Land Use Plan is made up o primary components, (1) the Land Use Map and (2) the Land us Text. The map graphically depicts allowable land use activi while the Text provides a written discussion of the Land Use and contains policy statements. Subsequent to city and Coas Commission review and approval of the Land Use Plan, the Imp mentation (zoning/action programs) portion of the Aqua Hedio Plan will be developed. The Land Use Plan, together with th Implementation Program, will comprise a complete Local Coast Program. In developing the original Aqua Hedionda Land Use Plan, an a larger than the Local Coastal Plan area was included in the study. This larger area ("study area") was included to take more comprehensive look at potential environmental impacts a planning issues, Policy issues and Land Use discussion cont in this document pertain only to the Aqua Hedionda Plan area ferred to as "planning area"). The remaining "study area" properties are under the jurisdiction of the Carlsbad Local Coastal program, approved by the State Coastal Commission in June, 1981. Exhibit "B" illustrates these areas, and de!sign parcels specifically addressed in the Plan. Following certification of this plan by the city and Coamtal mission, periodic review will occur. The Coastal Act requir evaluation of the plan for effectiveness and the impact of c ing conditions, at least every five years. Amendments t.o th certified plan may be processed similar to general plan amer ments subject to the approval of the State Coastal Commi.ssic e -10- .- /- - . (+,...e. U. :c*n - . . _. -A/ .-e./ - - -11- 1. Land Use 0 coastal Act Policies 30001 That the California coastal zone is a distinct a valuable resource of vital and enduring interest to ail people and exists as a delicately balanced ecosystem. That the permanent protection of the state's natural ant scenic resources is a paramount concern to present and future residences of the state and nation. That to promote the public safety, health, and welfare to protect public and private property, wildlife, marin fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the coastal zone and prevent its deterioratic and destruction. That existing developed uses, and future developments tl are carefully planned and developed consistent with the . policies of this division, are essential to the economi social well-being of the people of this state and espec to working persons employed within the coastal zone. (Amended by Cal. Stats. 1979, Ch. 1090). Discussion The Agua Hedionda Lagoon is somewhat unique in its statr a multiple-use wetland area. The lagoon provides an extensive range of water-related passive and active recreational uses, as well as providing habitat for a w variety of marine and terrestrial life forms. It is th diversity of activities upon which fundamental land use policies ate based. The land use plan recognizes that l balance must be maintained which provides for continuanl and expansion of recreational opportunities, while protecting the integrity of environmentally sensitive habitat areas. Existing land uses within the plan area include a variei residential, commercial and recreational uses. The nor1 shore includes a range of residential densities, commerc and semi- public recreation uses, and large areas of undeveloped property. The south shore bluff top area, 1 of the 1-5 freeway, is primarily in agricultural produc' The San Diego Gas and Electric power facility occupies entire south shore west of the freeway, and the eastern of the lagoon contains extensive wetland and floodplain areas. - 0 -12- The lagoon provides for a wide range of water related U! including aquaculture, boating, water skiing, fishing a! wildlife habitat. The outer lagoon is used primarily fc fishing, and provides cooling water for the SDGCE PDwer facility, The middle laqoon is used for sailing and swindng. The western half of the inner lagoon is IJsed power boating and water skiing, while the eastern end o the lagoon contains environmentally sensitive wetlalnd at habitat areas. The land use categories and residential density ranqes utilized in the land use map and policy statements are 1 on those contained in the Carlsbad General Plan. This provides for consistency between the Aqua Hedionda Plan the General Plan, and allows for eventual integratilon o two documents. Zoning ordinances and designations will developed in the implementation phase of the Aqua Hedio~ Land Use Plan. The various densities of residential uses indicated on 1 map will be modified in actual practice by several considerations, Reservations of public access easement! preservation of defined view- corridors, and limitation: grading are all factors that will tend to reduce the potential yield of living units per acre. Projects wii the areas designated RM, RMH, and REI which exceed the minimum guaranteed General Plan density will be subject additional review by the City Council. The Council may allow up to the maximum General Plan density only if thc necessary public facilities are available to serve the project, the higher density will not adversely impact tk surrounding areas, and the development provides unique on-site amenities, public recreational opportunities, preserves/enhances unique geological environmental featr or provides affordable housing, Land use designations, must be considered in con junctioi with other sections of this plan, Certain parcels, beci of unique environmental or ecological considerations, w be limited for development in some ways that are not . applicable to other parcels having the same use designat For the most part, these limitations, requiring a greatc degree of creativity on the part of the land planner, ci an assest rather than a liability to the owner, since tl purpose is to enhance desirable features of the land an( natural environment. 0 Policies 1.1 Land uses in the Aqua Hedionda Plan area shall be consistent with those indicated on the Land Use Map (Ex1 C) - -1 3- --- - - -. I. < I. LL -. ..-. - . - ---. . --_ - -14- 1.2 That portion of the "Kelly" property containing w, areas shall be designated as open space consistent with maintenance of the natural resourct2s o wetlands and floodplain area. Permitted uses sha1:L ini maintenance and extension of utility transmission (Ind distribution systems, agriculture, outdoor plant nurse fish hatcheries, driving ranges, archery ranges, h.ikin( equestrian trails, apiaries, or other non-intensive recreational, scientific or educational uses compatibl resource values. No permanent structures or imperrneab. surfacing or filling shall he permitted within the 100- floodplain. subject to regulation by conditional use permit ant3 sh, subject to the approval of the State Department of Fisl Game . 1.3 regulated as follows: a) - (Exhibit 11) Any development of the property shall be Development of the "L and R" property shall be That portion of the site agreed upon by the St(ate Commission as developable shall be permitted a max of 60 units of residential use (reference: State L Commission agenda item Wf03.988, 11/23/81) The developable portion of the site shall be desigmatec (10-20 units/acre) , and the remainder of the site : be designated open space (OS). Development of the site should reflect the lower 1 of the RMX range, and should be designed to "step t development intensity away from Bristol Cove. b) Beyond the south and eastern perimeter of the developable portion of the site an area of 100 fee width shall remain undeveloped for the purpose of providing a buffer between development and environmentally sensitive areas. As a condition 01 development, the perimeter of the developable <area be maintained/improved in a manner to prohibit uncontrolled access into the buffer area. Any landscaping, access control or other minor improvex in the buffer area shall be subject to the approva: the State Department of Fish and Game. Mainteinancc the buffer area shall be the responsibility of the homeowners association. The area beyond the developable portion of the pro] and buffer area shall be dedicated in fee or easeml the State Department of Fish and Game, Coastal Conservancy, State Lands Commission, or other appropriate public agency. Access to this area sht restricted to scientific, educational or other use: consistent with resource management in. a manner acceptable to the State Department of Fish and Gamc - c) a -1 5- 1.4 Development of the "Ferrero" property shall be regulated as follows: a) The area determined by the State Lands Commission t developable shall be designated RMH (10-20 units pe acre). The remainder of the site shall be designat Open Space (OS). portion of the site, an area of 100 feet in width s remain undeveloped for the purpose of providing a buffer between development and environmentally sensitive areas. The perimeter of the developable shall be maintainsd/improved in a manner to prohibi uncontrolled access into the buffer area. Private recreation and landscape improvements in the buffer area shall be made in consultation with the State Department of Fish and Game. Maintenance of thie bu area shall be the responsibility of the homeowners association. c) The area beyond the developable portion of the pros and the buffer area shall be dedicated in fee or easement to an appropriate public agency. Access t this area shall be restricted to scientific, educationaal or other uses consis tent with resource management in a manner acceptable to the State Department of Fish and Game. 1.5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing shall be designated RLM units per acre) , 1.6 To enhance public recreation activities, the between Snug Harbor and Hoover Street shall be designat RC, for recreational commercial use. 1.7 The area designated 'Community Park" shall be zone open space (OS), Uses in this area shall be regulated the open space zone and shall be sited so that there ar significant adverse impacts on agricultural lands, wild habitats and environmentally sensitive areas. 1.8 The 'Ecke' property shall be regulated as fo1:Lows: a) The primary use of the site shall be aquaculture. coastal dependant and visitor serving commercial UE shall be allowed, provided they occupy no more thar. of the site. - b) Beyond the southern perimeter of the developable - - - -16- b) As secondary uses, in the interim period while aquaculture alternatives are being studied, other u may be permitted which would necessitate minimal si . disturbance or capital investment, including active recreation (fishing, tent camping, etc), beach acce parking, short-term recreational vehicle parking, ai temporary accessory commercial facilities (bait-and tackle shop, food concession, etc.); C) All uses shall be regulated by conditional use perm All proposed uses shall be conditioned to provide a access improvements required by this plan, and shal provide peripheral landscaping which at maturity wi screen all objectionable improvements (i-e., aquacu facility, outside storage, parking areas, etc.) as viewed from Carlsbad Boulevard. 1-9 Building height shall be limited to a maximum of 3 feet. Building setbacks and lot coverage shall be regu by the applicable zoning designation, except as specific modified in this plan. t.10 The 45 acre parcel owned by SDG6rE located on the shore immediately east of the freeway shall be be desig TS, Travel Services. Conversion of the property to corn cia1 development shall be subject to a future specific 1 and the applicable policies relating to agricultural conversion. A future specific plan will be required by city for development of the property, - * -17- 2. AGRICULTURE coastal Act Policies 30241. The maximum amount of prime agricultural land s beintained in agricultural production to assure the protection of the areas' agricultural economy, and conf shall be minimized between agricultural and urban land through all of the following: (a) By establishing stable boundaries separating urbar rural areas, including, where necessary, clearly de buffer areas to minimize conflicts between agri.cult and urban land uses. (b) By limiting conversions of agricultural lands aroi the periphery of urban areas to the lands where tk viability of existing agricultural use is already severely limited by conflicts with urban uses and the conversion of the lands would complete a llogic and viable neighborhood and contribute to the establishment of a stable limit to urban devellopmc e (c) By developing available lands not suited for agri- culture prior to the conversion of agricultural 1( (d) By assuring that public service and facility trxpai and non-agricultural development do not impair agricultural viability, either through increased assessment costs or degraded air and water qualit! (e) By assuring that all divisions of prime agricnltu. lands, except those conversions approved pursuant subdivision (b) of this section, and all deve.lopm1 adjacent to prime aqricultural lands shall not dii the productivity of such prime agricultural lands 30242. All other lands suitable for agricultural use not be converted to non-agricultural uses unless (1) continued or renewed agricultural use is not feasible, (2) such conversion would preserve prime agricultural or concentrate development consistent with Section 302 Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands, -18- 0 Discussion Agriculture in the Aqua Hedionda area is dependent upon wide range Of factors. The Soil resource is not as ide that in other parts of the state, but is well suited to existing aqricultural operations. Climate is the major factor which has determined the success of the area's a culture since it allows production during months when agriculture is precluded in competing areas. Water is critical factor, and both direct and indirect energy co contribute significantly to agricultural costs. Labor represents a substantial proportion of costs; its fUtUK depends to a large extent on government policies toward undocumented aliens. Access to certain Carlsbad agricultural areas is difficult during certain times of year.Improvement of access would involve a trade-off be production gains from better access and the potential f increased vandal ism. Agricultural activities in the plan area are limited tc south shore properties. This area is contiguous with c large agricultural lands to the south and east. Policies 2.1 Conversion of agricultural property shall be consj with Coastal Act policies, and the policies of this plz 2.2 The south shore agricultural lands shall be desigr "open space". Agriculture" in the implementation phase of the plan, 2.3 Conversion of the 45 acre SDGLE south shore propel shall be subject to the following conditions: a) Prior to development SDGhE shall record a permanen! space easement over the remaining agricultural 1anc favor of the city of Carlsbad. Said easement shal: limit uses to agriculture, utility right-of-way an( maintenance, roadways, and recreation trails that ( interfere with agricultural operations. b) SDG&E shall provide a written report demonstrating the satisfaction of the city, that preservation of site is not necessary to assure reasonable exp(ansi( opportunities for the Encina Power Plant in actcord with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan the property. This area shall be zoned gExclusive - -19- C) Prior to issuance of a permit for development of tP parcel, the owner shall make a portion of the site available for development as a pub1 ic recreational if the city finds that current or future recreatior needs require the development of such uses in t.he c shore portion of the Land Use Plan area. a) In the event that the Carlsbad Local Coastal Plan i amended to allow for a city-sponsored agricultural program, SECE may apply for inclusion in the amend program. ' -20- , ,7 1 - e l -21- - 3. ENVIRONMENTALLY SENSITIVE HABITATS, WATER AND MARINE RESOURCES e* Coastal Act Policies 30230 . where feasible, restored. Special protection shall be g to areas of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological product*ivity of coastal waters and that will maintain healthy population all species of marine organisims adequate for long-term commercial, recreational, scientific, and educationa,l purposes . 30231. coastal waters, streams, wetlands, estuaries, and latkes appropriate to maintain optimum populations of marine organisms and for the protection of human health shall t maintained, and, where feasible, restored through, anon: other means, minimizing adverse effects of wastewater discharges and entrainment, controlling runoff, preventl depletion of groundwater supplies and substantial interference with surface water flow, vegetation buffer areas that protect riparian habitats, and minimizing alteration of natural streams. Marine resources shall be maintained, enhanced, The biological productivity and the quality of Channelizations, dams, or other substantial alteration: rivers and streams shall incorporate the best mitigatic measures feasible, and be limited to (1) necessary watc supply projects, (2) flood control projects where no 01 method for protecting existing structures in the f:LoodI is feasible and where such protection is necessary for public safety or to protect existing development, or (: developments where the primary function is the improver of fish and wildlife habitat. 30240. (a) Environmentally sensitive habitat areas SI be protected against any significant disruption of hab values, and only uses dependent on such resources shal allowed within such areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to preven impacts which would significantly degrade such areas , shall be compatible with the continuance of such habit areas . -22- 0 Discussion The Aqua Hedionda Lagoon comprises about 230 acres of w surface and additional wetland and upland habitat areas The lagoon was originally an increasingly restricted sa marsh habitat, until it was dredged and opened to tidal action in 1952 to 1954. The resulting deepening and ti flushing created a new environment which now supports a wide range of marine and terrestrial habitats; as well recreational uses. Aqua Hedionda Lagoon is unique in that it is relativelb free from the serious problems that plague other coaste wetlands. "Adequate tidal flushing, a pattern of land ownership that favors maintenance of large open spaice a and a concerned city and public, are the main reasons f the unique status", according to a report by the St.ate Department of Fish and Game, 4 At the east end of the lagoon are the remnants of a onc extensive salt marsh, with approximately 100 acres eaci marsh and mudflats, interspersed with salt flats arid alluvial fan, The State Departsent of Fish and Game describes this area as follows: "The salt marsh and upland environs are generally : disturbed and degraded condition, and support is typical, but depauperate, flora and fauna." 5 The lagoon supports approximately 55 species of water-re: birds, and extensive colonies of eel grass. The eel gra! beds, located in depths up to ten feet in all three sect of the lagoon, are of special concern in that they help maintain the stability of the lagoon floor and shoreline provide large amounts of organic matter for grazing inari species, and shelter for many species of fish and invertebrates. 4 Bradshaw, Jack, Natural ReSOUrC@s* P.102 5 Ibid. P.6 - -23- Aqua Hedionda Lagoon has been identified as one of 19 California coastal wetlands for acquisition by the State Department of Fish and Game. In addition to the waterbod the lagoon, extensive wetland areas at the east end of th lagoon have been mapped by fish and game. According to t California Coastal Act, wetlands are defined as "land whi may be covered periodically or permanently with shallow water, and include saltwater marshes, freshwater marshes, open or closed brackish water." 6 Wetlands are general1 identified by the presence of certain indicator plant spa and hydric soil conditions. Policies 3.1 Kelly Prouerty. No uses shall occur within the boundaries of the wetland area, (see foldout exhibit at t of document) except those activities necessary for maintenance, resource management, farming and grazing, t as approved by the State Department of Fish and Game., a) A buffer strip of at least 100 feet in width shall be maintained in a natural condition around the perimetc all wetlands or environmentally sensitive habitat are unless the State Department of Fish and Game determir that a lesser setbck or physical barrier is adequate I b) Fencing shall be required to prevent uncontrolled ac( of persons or domestic animals into the wetland or environmentally sensitive areas; and c) No vehicle, pedestrian, or equestrian access shall bc permitted within either the wetland, environmentally sensitive, or buffer areas, except for resource management and educational purposes. 3.2 The wetland areas mapped by the State Department of and Game shall be acquired by an appropriate management agency, subject to the availability of funding. Methods acquisition of those wetlands east of I-5 shall be thoro explored by the city, 'Coastal Conservancy, State Departmc Fish and Game, and property owners. Methods to be consit shall include: a. Acquisition through purchase by the Coastal Conservai Department of Fish and Game, or other appropriate Stl Federal agency. b. Acquisition through dedication in fee or through easement. c. Acquisition through transfer of development rights, development agreement. - 6 California State Coastal Commission, Interpretive Guide1,ines. P. 4. -24- 3.3 performed in a manner consistent with the applicable sect of the Coastal Act. All dredging activities will require permit from the Army Corps of Engineers with review by appropriate agencies, including the Department of Fish an, ~ame, U.S. Fish and Wildlife, etc. In addition, a Depart of Fish and Game 1601-03 pernit may be required. 3.4 A program for monitoring the eel grass beds in the I Lagoon, for the purpose of determining the need for prate measures, shall be carried out by the Department of Fish I Game in consultation with the city of Carlsbad, prior to dredging of the middle or inner lagoons. 3.5 Wetlands mapping by the Department of Fish and Game be further analyzed to delineate degraded wetlands capabl restoration. . 3.6 The implementation phase of the LCP shall include specific provisions for assuring protection of wetlands ii design of adjacent new development , including provision o adequate buffer areas, protective fencing, revegetation, I 3.7 Utility transmision and distribution facilities shal mowed in wetland areas, provided that maintenance and construction of such improvements does not adversely impac environmentally sensitive areas and is consistent with Coastal Act Policies. 3.8 L and R Property a) Maintenance dredging and channel alteration must be - - - - Beyond the south and eastern perimeter of the develop, portion of the site an area of 100 feet in width shall remain undeveloped for the purpose of providing a buff between development and environmentally sensitive are< As a condition of development, the perimeter of the developable area shall be maintained/improved in a mar to prohibit uncontrolled access into the buffer area. Any landscaping, access control or other minor improvements in the buffer area shall be subject to th approval of the State Department Of Fish and Game. Maintenance of the buffer area shall be the responsibility of the homeowners association. b) The area beyond the developable portion of the propert and buffer area shall be dedicated in fee or easement the State Department of Fish and Game, Coastal Conservancy, State Lands Commission, or other appropri public agency. Access to this area shall be restricte to scientific, educational or other uses consistent wi resource management in a manner acceptable to the Stat Department of Fish and Game. -25- 3.9 A buoy system shall be constructed and maintained by ny of Carlsbad, restricting boat usage from the eastern of the lagoon. 3.10 All development or uses within the 100 year floodpl ‘shall adhere to the provisions of the Carlsbad Floodplain Ordinance, except as specifically modified by this plan. 3.11 Upon adoption of the Agua Hedionda Plan, the city s request the County Assessor to reassess properties design as wetland or wildlife preserve areas. Reassessment shou based upon the exceptional development restrictions place such properties. - -26- - - ;&g/ j$jF{DB - 4. GEOLOGIC HAZARDS Coastal Act Policies 30253. New development shall: (1) geologic, flood, and fire hazard. (2) Assure stability and structural integrity, arnd neither create nor contribute significantly to erosiom, geologic instability, or destruction of the site or surrounding area or in any way require the construction o protective devices that would substantially alter natural landforms along bluffs and cliffs, Minimize risks to life and property in areas of 1 o Discussion This portion of the Land Use Plan addresses the need to regulate development activities in areas of geologic instability, or other potential geologic hazards. Ceolog issues relative to the Agua Hedionda area include flood hazards, soil erosion, sedimentation, alteration of natur landforms, the regulation of grading, and development of slope areas. The eastern end of the lagoon contains extensive floodpla areas, floodplain overlay zone, and are largely undeveloped exce for agricultural uses , Erodibility of soils, and the resulting sedimentation, ar concern to maintaining the lagoon ecosystem. The lagoon it's present depth and configuration to the dredging and removal of 310,000 cubic yards of sedimentation in 1952 .t 1954, The principal source of sedimentation in the lagoo from beach sand entering the lagoon mouth, This impact i somewhat minimized by continued maintenance dredging of t outer lagoon. characteristics are largely limited to floodplain areas t east, and agricultural lands to the southeast. Development activities, especially during the constructic phase, are particularly vulnerable to erosion problems. Regulation of grading activities can mitigate many of the adverse impacts associated with construction. Developmer which make provisions for minimal disturbance of natural landforms, drainage swales and steep Slopes, will general not require extensive engineered structures to control drainage and erosion. While engineered structures such 2 catchment basins, disilting basins, subsurface drains, et are often times effective in controlling excess runoff, careful provision must be made for the maintenance arid management of such structures in order to assure long-ter effective operation, These are currently regulated through the city's Soils having moderate to high erodibility -27- ' Policies 4.1 All grading and land alteration activities shall be subject to the requirements Of the Carlsbad Grading and Excavation Ordinance and the provisions of the Master Dra Plan. 4.2 Additionally, grading permits in the plan area shall include the following mitigation measures: . Coordination of grading activities with the local - 7 precipitation pattern; grading restricted during rain season. o Avoidance of Clearing operations in advance of gradin Limit grading to the minimum area necessary to accomp the proposed development . construction of drainage facilities prior to or concurrently with grading activities. Grading of surfaces so as to direct runoff toward pla drainages and, if possible, away from cut and fill slopes, Early planting and maintenance of ground cover suitab for slope erosion control and maximum retention of natural vegetation, . Development projects shall preserve, as feasible, nat drainage swales and landforms, 4.3 Development projects shall provide for improvements micated in the Master Drainage Plan, and shall limit thc rate of runoff through the provision of on-site catchment basins, desilting basins, subsurface drains, and similar improvements as necessary, Runoff shall be controlled in such a way that fhe velocity and rate of run-off leaving site shall not exceed that of the site in its natural sta 4.4 Recognizing the unique environmental features of the lagoon and its environs and the sensitivity of the area tc soil erodibility and sedimentation, development shall be regulated as follows: a, Development on existing subdivided lots having all of their area in slopes of 25% or greater shall be permitted, but grading shall be limited to minima,l si preparation for pole-type footings, Driveway/parking areas shall be limited in size and shall be restrictec an area adjacent to the local streets, On-site vegetation shall not be disturbed beyond the minimal i needed to be cleared for the construction process, wh. shall be clearly delineated on approved site plans. a . . . -28- e gL puJ~J-~~~$ Carls bad Boulevard city ot catlsbad local coastal Pra b. Development, grading and landform alteration in stee slope areas (25%) shall be restricted. Exceptions m include encroachments by roadway and utilities neces to reach developable areas. The maximum allowable dc shall be calculated on the total lot area, although may be modified through setbacks, plan review, or otl requirements of this plan and applicable city regulations. C. Use of the Planned Development (PD) Ordinance and cl development shall be required in areas containing environmentally sensitive resources, extensive steep areas and significant natural landform features. # -29- 5. PUBLIC WORKS Coastal Act Policies 30254. New or expanded public works facilities shall be designed and limited to accommodate needs generated by development or uses permitted consistent with the provisio of this division: provided, however, that it is the intent the legislature that State Highway Route 1 in rural areas the coastal zone remain a scenic two-lane road, Special districts shall not be formed or expanded except where! development is inconsistent with this division. Where! existing or planned public works facilities can accomniodat only a limited amount of new development, services to coastal-dependent land use, essential public services and basic industries vital to the economic health of the regic state, or nation, public recreation, commercial recreatior and visitor-serving land uses shall not be precluded by ot development. , Discussion This portion of the land use plan analyzes the availabilit and anticipated demand on public work systems. These inc: sewer, water, energy and circulation. All currently vacant areas proposed by this plan for futui development have water, sewer, and utilities available on immediately adjacent to, the site. Areas currently lackil major public works infrastructure include the south shore agricultural areas, and portions of the floodplain/weklanc located at the eastern edge of the lagoon. These areas a1 delineated on Exhibit E. A major energy generating facility, the SDGslE power plant, located in the southwest portion of the plan area. The current facilities were developed pursuant to a specific plan on file with the city of Carlsbad. Circulation is a major public works concern in the Agua Hedionda area. Currently there is only one major arteria. providing access from inland areas to Carlsbad beaches, Palomar Airport Road. Other east-west arterials include ’ Costa Avenue and the Vista Freeway, both located outside Carlsbad city limits, and Cannon Road, a future street wh has been identified by SANDAG as a regionally significant arterial, necessary to serve regional transportation needs. Traffic studies recently completed for a major development in east Carlsbad, outsiae the coastal zone, st that traffic generated by three residential/ commercial developments will result in traffic volumes in excess of 1 ultimate roadway capacity on Palomar Airport Road. Development in the cities of Vista and San Marcos will generate even greater volumes of traffic, further aggrava the situation. -30- -. I - . .. -u---__ -- -31- Alternative alignments for the proposed Cannon Road exten a planned major east-west arterial, were analyzed by the planning firm PRC Toups. This analysis was contained in Carlsbad Local Coastal Plan prepared by Toups under contr with the State Coastal Commission, Exhibit F illustrates 4 alignment alternatives considered in the Carlsbad LCP. Toups addressed the Cannon Road impacts relative to visua quality, grading, service capacity, cost and property conflicts. The following table presents a numerical matr these issues: Cannon Road Extension Alternative Matrix 2A - 1B - 1A Comparison Alternative - Grading 4 5 2 Visual Impact 2 5 2 Service 5 5 3 Property Conflicts 5 4 2 cost 4 5 2 3 Other Environmental Impacts - 5 TOTAL 25 29 14 Item - 5 - Toups recommends Cannon Road alignment I-B as the most rt able, and least environmentally disruptive alternative. I-B alignment is less costly, will result in less gradin< provide a greater level of service than the other alitgnmt alternatives . Policy 5.8 of this plan sets environmental design constri on the construction of Cannon Road, The language in thi! policy was drafted by Coastal Commission staff, and iilpprc by the City and Commission negotiating team representatit Policy 5.8 was articulated in a letter from Coastal Commission Deputy Director of Land Use, Bob Brown to the State Department of Fish and Game (see attachment 38 p.5 In this letter, the Coastal Commission further clarieied position regarding the construction of Cannon Road as follows: *The Commission staff I s interpretation of the ablove stated language is that Cannon Road can, with adequa mitigation, be permitted, but only if it does not encroach on wetland areas as defined in Section 3012 However, former wetland areas which are currently an have been historically farmed, or small wetland area physically removed from the main lagoon complex by existing roads and which are less than an acre in si could be encroached upon for construction of Cannon Any such encroachment would ultimately be based on a -32- \ \ AGUA HEDIONDA LCP EXHJSIT F CANNON ROAD. . ALLIGNMENT ALTERNATIVES* -33- *(lb is ‘tha recomaandad allignment) finding by the Commission that there is no feasible environmentally damaging alternative to the proposed Cannon Road alignment and that the Department of' Fis Game concurs with the alignment and proposed mitigat Clearly, it would be the Commission staff's position final road alignment would have to meet the criteria forth in subheadings "b" and "c" noted above. hie wc except, if an environmentally feasible alignment is possible, that such mitigation measures as special construction techniques (e.g., piling supports where encroachment on existing or former wetland areas occ marsh restoration, open space dedications, desil.tinc basins, etc. would be made a part of the proposebd rc construction." Internal circulation in the plan area is provided by lo( collector and residential streets. Most local streets : plan area are limited in capacity, being generally riarrc in many cases have numerous curves, providing limitad on-street parking. Policies 5.1 All new utility systems shall be placed undergrounc feasible and commonly practiced. 5.2 Parking standards set forth fn the Carlsbad Zoning minance, shall be applied to future developments. 5.3 Parking shall be discouraged on arterial and collet streets. 5.4 The street system for the plan area shall be consti as indicated in Exhibit G. 5.5 Proposed residential development subject to street highway noise in excess of 60 dB shall be subject to an investigation by a qualified acoustician. This investic shall recommend specific mitigation measures. 5.6 The extension of Re11 Drive, proposed in the orig: Specific Plan, has been eleted. If it is determined tk additional access is needed for circulation in resident: areas and/or to facilitate emergency access, a local st1 connecting the Laguna Riviera subdivisions to El Caitnino may be permitted. Construction of the access will invo: filling of wetlands or adverse impacts on adjacent environmentally sensitive areas. 5.7 The Neblina Drive extension shall be allowed if it demonstrated that construction of the project could pro' without significant short or long term adverse impacts t resources of the area. The following conditions shall 1 fulfilled prior to approval of the toad extension, subj the approval of the City Engineer and the District Dire the San Diego Office of the State Coastal Commission: - - 7+-- - - -34- a 0 u \ (34'. r (... m ----<- ---- - - -35- a) A runoff control plan prepared by a licensed engineer qualified in hydrology and hydrolics demonstrating thz there would be no significant increase in peak rurloff from the developed site over the greatest dischargre expected from the existing undeveloped site as a resul 6 hour, 10-year frequency storm. Runoff control nray t accomplished by a variety of methods including suc:h devices as catchment basins, detention basins, sil.tatj traps, or other appropriate measures. b) Development approvals shall include detailed maint:enar provisions for repair and maintenance of approved dra: and erosion control facilities, Permanent runoff coni and erosion control devices shall be installed prior i concurrent with on-site grading activities c) Development shall meet all other requirements of this plan, including the provisions of the Carlsbad Gradin! Ordinance and Master Drainage Plan. - 5.8 The conceptual alignment recommended by PRC Toups (a: merit I-B) for Cannon Road shall be incorporated into this (see foldout exhibit at back of document). In developing precise alignment of the proposed roadway, the following design criteria and environmental protection measures sha apply: a) No portion of the road construction shall involve fil or dredging of fresh or saltwater marsh wetlands, excl as noted in the letter from the Coastal Commission to State Department of Fish and Game (2/17/82: attachmen pg. 56). b) To the extent that any portion of the road constructil would occur in or adjacent to an environmentally sens habitat area other than a wetland, the road shall be and designed to prevent impacts which would significa degrade such areas, shall avoid significant disruptio habitat values, and shall be sited and designed to be compatible with the continuance of habitat values. environmentally damaging alternatives and the road as designed would nonetheless result in adverse impacts environmentally sensitive habitat areas, such impiacts shall be fully mitigated in accordance with the recommendations of the State Department of Fish and G d) To protect agricultural lands from the growth-inducin potential of the project, no agricultural lands sthall assessed for construction of the road, and the road s be designed so as to avoid uncontrolled access into adjacent agricultural areas. c) To the extent that there are no feasible less -36- 5.9 Public works improvements shall be provided as €oil( a) Development shall occur in an orderly fashion, with properties in the urbanized area (Exhibit H) recc2ivir priority over urban fringe or outlying properties. Properties having the greatest availability and proxj to urban services shall be given priority for develo! ment. C) Dedication of easements and provisions for funding al public improvements required by this plan and other t plans and ordinances, shall be a requirement for new development. Improvements shall include utility extensions, roadways, bicycle and pedestrian access designated viewpoints I and any other public improveme necessary to accommodate the proposed developmenk, - b) -37- - ---. __ . 1- ...._ ~ .. . -38- 6. RECREATION AND VISITOR SERVICING FACILITIES O Coastal Act Policies 30212.5 Wherever appropriate and feasible., public facilit includrng parking areas or facilities shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the pu of any single area, 30213 (in part). Lower cost visitor and recreation facili .e. shall be protected, encouraged, and where feasible, provided. Developments providing public recreational oppa tunities are preferred. 30220 Coastal areas suited for water-oriented recreationa facilities that cannot readily be provided at inland water areas shall be protected for such uses. 30221 Oceanfront land suitable for recreational use shall protected for recreational use and development unless pres and foreseeable future demand for public or commercial. recreational activities that could be accommodated on the property is already adequately provided for in the area. 30222 The use of private lands suitable for visitor-servj commercial recreational faciiities designed to enhance! put opportunities for coastal recreation shall have priority c private residential, general industrial, or general comer development, but not over agriculture or coastal-dependent industry. 30223 Upland areas necessary to support coastal recreatic uses shall be reserved for such uses, where feasible, 30224 Increa shall be enco developing dr facilities , harbors, lim access corri providing harbors oE refuge, and by providing. for new boat facilities in natural harbors, new protected water areas z in areas designed by dry land - - - - - Discussion . The Aqua Hedionda Caguon area provi.des a wide range of act and qassive recreationaL activities, I beaches located the mouth -of the lagoon are-among the heavily used ir city. The outer lagoon is used for fishing, the midd:Le 1: provides swiming and sailing activities and is the site c the YMCA aquatic park. The inner lagoon provides private semi-private boat and docking/launching facilities, and m: activities include boating and waterskiing. -39- Major boating facilities include Snug Harbor and Whitey': Landing, both located on the north shore of the inner la< All three lagoon areas provide passive activities sur=h a: walking, hiking, wildlife observation and informal viewpoints. policies - 6.1 Whitey's Landing and Snug Harbor shall be designatec continued recreational-commercial use. Expansion of exi: facilities at these locations shall be encouraged (Exhib: "8") . 6.2 Construction of private docks, boat storage and laui facilities shall be subject to approval by the US Army Cc Engineers, the State Department of Fish and Game, the cii Carlsbad and the California Coastal Commission, consistel with Coastal Act Policies. 6.3 The SDGLE agricultural conversion property adjacent tlhe 1-5 freeway, shall be designated Travel Services. 11 will allow for 45 acres of additional visitor serving commercial uses. - 6.4 If demand for boating/launching facilities cannot bc accommodated by existing development, and it can be demonstrated that the lagoon will not be adversely effec additional boating access and is consistent with Coastal Policies, the city should develop public or joint public/private boat facilities in the area of Hoover Strc 6.5 The Encina Fishing area on the outer lagoon should k maintained as a public activity area, 6.6 If boating activities on the inner lagoon reach sucl high level of use that public safety is endangered or thc lagoon ecosystem is being adversely impacted, the city m4 to restrict maximum carrying capacity, reduce maximum spc and limit the horse-power of boats. 6.7 The present recreational uses of the lagoon shall bc maintained and where feasible, expanded. - I -40- 7. SHORELINE ACCESS ' Coastal Act Policies 30210. In carrying out the requirement of Section 2 of , Article XV Of the California Constitution, maximum access which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consisi with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. 30211. Development shall not interfere with the public's right of access to the sea where acquired through use, or legislative authorization, including, but not limited to, use of dry sand and rock coastal beaches to the first Lin terrestrial vegetation. 30212. Public access from the nearest public roadway eo shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent public safety, military security needs, or the protection fragile coastal resources, (2) adequate access exists Ilea or (3) agriculture would be adversely affected. Dedicate accesswaysshall not be required to be opened to public u until a public agency or private association agrees to ac responsibility for maintenance and liability of the acc:eg Nothing in this division shall restrict public access rioz shall it excuse the performance of duties and responsibil of public agencies which are required by Section 66478,l 66478.14, inclusive, of the Government Code and by Sectic of Article XV of the California Constitution. ' 30212.5 Wherever appropriate and Leasible, public facilj including parking areas or facilities shall be distribute throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the z of any single area. ' Discussion Public access to, and along the coast, is a basic requirc of the Coastal Act. Access is generally referred to as lateral (along the shoreline or bluff tops) and vertical (access from a public road or easement to the shoreline) Accessways may consist of bike trails, hiking trails, viewpoints, stairs, parking areas, public transit and re support facilities. The public's rights of access to the water areas can par be provided for by existing utility easements and leasehl interests (i.e., sewer, water) held by the city. The La Plan calls for additional vertical and lateral access wa be acquired either through agreements with the property or as conditions of approval for development. -4 1- There are factors which limit the desirability of unre!stri access to the lagoon. conditions are such that attempts to provide usable ac;cess the water's edge could only be accomplished through ex:tens grading with its potentially detrimental impacts, and woui also be disruptive to the agricultural activities alonlg th bluff. It is therefore propos=d that public access to the south shore will be limited to viewinq areas and pockeit beaches that do not interfere with agricultural produotion or impact environmentally sensitive areas. preserve proposed for the easterly portion of the lagclon a the adjacent mudflats should also be protected from uncontrolled access, except as needed for management/maintenance activities, The public beach area at the mouth of the lagoon current11 provides parking and limited support facilities. Informal pedestrian access is provided at the south end of the beac area, through SDG&E property. Dirt walking trails exist a much of the north shore area. The most heavily used aippea to be the shoreline area between the YHCA on the middle lagoon, and the beach/fishing areas on the outer lagoon. Primary bicycle routes currently developed include design; routes along El Carnino Real and Carlsbad Boulevard. 'I!he coastal route along Carlsbad Boulevard is part of a rcgior bikeway providing continuous bicycle access from Oceansids south to Del Mar. Along the south shore, the slOE)e The wildlife Policies 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains sh be installed at the locations indicated on Exhibit I. 7.2 Pedestrian accessways shall be located as shown on mibit if. 7.3 All pedestrian trails shall be constructed to a aiinin width of 5 feet. Combination bicycle/pedestrian trail, sha be a minimum 10 feet wide, 7.4 Vertical pedestrian access easements shall be a aiinin Tfeet in width, Combination bicycle/pedestrian easement and lateral easements shall be a minimum 25 feet in wi.dth. 7.5 Bike route and pedestrian improvements shall be finar according to the following criteria: ( 1 ) Routes through established neighborhoods such as Carl Boulevard and Tamarack Avenue shall be financed with City, State or Federal funds. - - - -42- ,. . .. i - -A7- .. - -. ---- - -44- .. (2) constructed at the expense of the developer at the time o development, or may be constructed by the city, subject t availability of funding. 7.6 Access to and along the north shore of the lagoeln sh be made Continuous, to the maximum extent feasible, and s be provided as a condition of development approval for a1 shorefront properties. All accessways shall be designed such a manner as to allow for reasonable use by any membe the general public, and shall be designed to accomiodate bicyle as well as pedestrian use. railroad and Interstate 5 bridges may be designed for pedestrian use only, if bicycles could not feasibly be accommodated. If the city of Carlsbad cannot provide acci under the two bridges through its best efforts, such acce shall be required only if funding assistance is forthcomi from the Coastal Conservancy or other public or private SI and the relevant agencies (Caltrans and the railroad comp have given the necessary approvals. 7.8 Design of Access Easements, Buffer Areas, and AdJace~ Development All accessways should be designed to enhance recreational and should include adequate open spaces for light and air adequate signing, inviting design, and provision of adequ, buffer areas and buffer landscaping to minimize conflicts adjacent private property. All lateral public access easements shall be at least 25 feet in width landward of t mean high tide line, unless infeasible due to extreme topographic limitation. The portion of the easement whict actually developed for access purposes may be less than tl complete 25-foot width, provided that the developed area 1 sufficient to. reasonably accommodate anticipated access demand. To meet these objectives, the following desilgn criteria shall apply to all structures proposed to be loci within 100 feet of any access easement or other public recreational use area: a) All portions of such structures shall be set back fron point nearest any public use area a distance equivaler twice the height of the structure above finished gradc and New development shall provide landscaping adequatle to minimize visual instrusion upon public use areas. Routes adjacent to undeveloped properties shall be - Accessways under the b) 7.9 Access Signing All public use areas shall be clearly identified throuqh z uniform signing program, to be carried out by the citqy of Carlsbad or as a condition of individual private developme Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Aqua Hedioiida Plan area. -4s- 7.10 Bristol Cove To minimize potential traffic conflicts development in Br cove should discourage parking design which necessitates backing out into the street. A single driveway with adeq on-site turning area wouid contribute to traffic safety, would also permit enhancement of the visual aesthetics of area by providing room for buffer landscaping. 7.11 "Pannonia" Property To achieve consistency with Sections 30221 and 30252(b) o Coastal Act, design of a residential subdivision on the Pannonia property shall preserve the bluff face and provi for a landscaped recreational accessway around the south west perimeter of the bluff top. Such a trail shall be o adequate width and designed to facilitate public use for bicycling, strolling and other passive recreational purpo 7.12 Public transit availability shall be provided as a) As land within the Specific Plan area develops, the Nc follows: County Transit Company bus system should be expanded provide optimum levels of service. be constructed in a manner which can accommodate the public bus system. benches shall be provided at key locations along the existing and future bus routes. b) Future street systems within the Specific Plan area sl c) Accessory facilities, such as bus turnouts, shelter ai 7.13 Informal vertical beach access through the SDG&E be< front property should be improved and dedicated to the appropriate management agency (Le., City of Carlsbad, Cor Conservancy or State Department of Parks and Recreation) -46- 8 VISUAL RESOURCES AND HISTORIC PRESERVATION a Coastal Act Policies 30244 where development would adversely impact archaeol.ogic or paleotological resources as identified by the State Historic Preservation Officer, reasonable mitigation measure shall be required. 30251 The scenic and visual qualities of coastal areas shal bensidered and protected as a resource of public importance. Permitted development shall be sited and desigr to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to t visually compatible with the character of surrounding areas and, where feasible, to restore and enhance visual quality : visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation plan prepared by the Department Parks and Recreation and by local government shall be subordinate to the character of its setting. 30253(5) New development shall: Where appropriate, protect special communities and neighborhoods which, because of the: unique characteristics, are popular visitor destination poi1 for recreational uses. a Discussion The Agua Hedionda Plan area affords a multitude of exce:Llent views and vistas. The lagoon itself can be viewed from most locations within the plan area, and several north shore properties provide vistas of the lagoon and ocean. Car:Lsbac Boulevard provides for unobstructed views of the ocean and outer lagoon, and Adams Avenue on the north shore provides sweeping vistas of the inner lagoon and south shore . agricultural areas. There are no historic structures in the area, but there are several significant archaeological sites. Indian histoicy around Agua Hedionda Lagoon dates back more than 9,000 year: and represents the best known example of the transition fro1 game hunting culture to a shell fish and plant gatherinq economy. Indian middens and campsites around the lagoon hay attracted considerable archaeological interest, although a number of the sites have not been thoroughly examined and documented. The Agua Hedionda Environmental Impact Report contains an analysis of archaeological sites, and site- specific mitigation measures. These have been incorporated into this plan, and are contained in attachment 2. Park Drive, Adams Avenue, Carlsbad Boulevard and El Camho Real have been designated as potential scenic roadways .in tl Carlsbad General Plan. These roads will be subject to !spec. landscape provisions and design criteria. -47- O Policies - 8.1 Park Avenue, Adams Avenue and Carlsbad Boulevard ar designated as scenic roadways. Development adjacent to roads shall maintain a minimum 20 foot landscaped buffer between the street and parking areas. R2quired 1andscaE setbacks may include sidewalks and bikeways, but shall r include parking areas. Parking areas shall be screened the street utilizing vegetation, tree forms, and berms, appropriaf e. - 8.2 preserved, and made available to the public, as indicate Exhibit K. - 8.3 Development located adjacent to scenic roadways,, 0' located between the road and shoreline, shall be regula follows : a) Where a significant elevation difference (e.g., 35 Special vista points and viewing areas shall be exists between the shoreline and the first parallel public road, as in the case of Hedionda Point and S Harbor, no portion of a structure in the intervenin shall be permitted to exceed the elevation of the roadway. Where no significant elevation difference exists be the shoreline and the first parallel public roadl permitted development in the intervening area shall provide a view corridor, of a width equivalent to a least one-third of the road frontage of the parcel, shall be kept free of all structures and free of landscaping which at maturity would rise above a reasonable viewline from vehicles passing on the pr: road. On all property adjoining the Shoreline, permitted development shall be designed to "step down" in hej to avoid casting shadows on shoreline areas and to produce a perceived transition from open space are; developed areas i and Any development proposed to be located on or near i significant landform (e.g, 8 Hedionda Point) shall 1 designed so as to minimize disturbance of natural landforms, and shall be developed in a manner thak assures its compatibility and harmony with the nat: landform through use of such architectural technic1 terraced or pole foundations and variation of roof to complement the topography. - 8.4 All new development in the plan area shall be sub the provisions of the Carlsbad Scenic Preservation Ove Zone. b) c) d) -40- -_ -.-___ .- ~. .. _, cn*rrCs 3** TWO C.7. sr CY)L% . ... , . '..AI, I_ .. - . . - . - - - - -49- - 8.5 Archaeological sites in the plan area shall be preserl or excavated as provided in attachment 2. 8.6 The regulation of signs shall be in accordance with ti Carlsbad Zoning Ordinance. roof or pole signs shall be permitted. Commercial uses sh, provide wall or monument signs. - 8.7 To achieve consistency with Sections 30221 and 30252(1 of the Coastal Act, design of a residential subdivision on the Pannonia property shall preserve the bluff face and provide for a landscaped recreational accessway around the south and west perimeter of the bluff top. shall be of adequate width and designed to facilitate pub1 use for bicycling, strolling and other passive recreationa purposes. - Additionally, no freestanding, Such a trial -50- & n% mm n ._ -I I city of catlsbad 1ocaU coastal P rh . ARACHMENT 7 1. CHRONOLOGY'OF EVENTS RELATING TO AGUA HEDIONDA SPECIFIC p~ December 2, 1975. City Council hearing. Carlsbad City Coun endorses preparation of Agua Hedionda Specific Plan (AHSP) . January 1, 1976. Coastal Commission allocates $16,000 grant city for preparation of Agua Hedionda Specific Plan. February 3, 1976. City Council hearing. City Council appro agreement between city and Coastal Commission for preparatio Agua Hedionda Specific ?Ian. June 6, 1976. Draft Environmental Impact Report (EIR) completed. June 8, 1976. Draft EIR circulated for public review and comment. August 4, 1976. Draft EIR completed. August 11 , 1976 . Agua Hedionda Specific Plan completed. Planning Commission public hearing; no action taken. August 18, 1976. Special Planning Commission hearing oni Specific Plan and EIR. No action taken. August 25, 1976. Planning Commission hearing; public comer received on Agua Hedionda Specific Plan and EIR. No action taken; item continued. September 8, 1976. Planning Commission public hearing. No action; item continued. September 20, 1976. Planning Commission public hearing. Nc action; item continued. October 13, 1976. Planning Commission public hearing. Recommended certification of EIR and approval in concept. of Specific Plan. October 26, 1976. City Council hearing. Discussion and put input regatding Agua Hedionda Specific Plan and EIR. No act taken; item continued. November 6, 1976. City Council hearing. Discussion of Agui Hedionda Specitic Plan. No action taken: item continued. November 13, 1976. City Council hearing. Discussion of Agt Hedionda Specitic Plan. No action taken; item continued. November 23, 1976. City Council hearing. Staff directed tc prepare final draft of Agua Hedionda Specific Plan. No act: taken . - -Sl- December 7, 1976. City Council hearing. Staff directed to provide additional information. No action taken, December 21, 1976. City Council hearing. City Council certified Agua Hedionda EIR, approved Aqua Hedionda Specific plan in concept, and directed staff to forward Council recommendation to Coastal Commission. 20, 1977. Agua Hedionda Specific Plan submitted to Coast b October 6, 1977 . Regional Coastal Commission accepts Aqua Hedionda Specific Plan for processing, October 28, 1977. Regional Commission hearing. Commission staff identities major issues. Commission staff directed to contact State Lands Commission regarding public trust issue. action taken. November 11, 1977. Regrional Commission hearing. Final Commission statt recommendations presented. No action taken, December 16, 1977. Regional Commission hearing. Commission staff recommends adoption of Agua Hedionda Specific Plan wit1 conditions of approval. No action taken. December 23 , 1977. Regional Coinmission hearing. Commission approves Aqua Hedionda Specific Plan with 23 conditions of approval (including modifications to Commission staff recommendat ion) . January 6, 1978. Regional Commission approval of Aqua Hedioi Specitic Plan with conditions forwarded to State Commission. February 8, 1978. City Council hearing. Staff directed to. transmit letter to State Commission appealing several of the conditions imposed by the Regional Commission. February 14, 1978. State Commission hearing. Substantial i (issues which may confltict with the Coastal Act) identified. action taken. March 14, 1978. State Commission hearing. No action taken. April 18, 1978. State Commission hearing. Commission staff recommends approval of Agua Hedionda Specific Plan, with conditions. No action taken. h Agua He ion a Specific Plan with 31 conditions of approval, June 12, 1978. State Commission action on -Aqua Hedionda Specific Plan transmitted to city. February 27, 1979, City Council hearing. Council reviews A Reaionda speciric Plan conditions of approval. 15, 1978. State Commission hearing. Commission certifi -52- March 3, 1979. City Council hearing. Council establishebs position on Agua Hedionda Specific Plan conditions of approv; March 8, 1979. City Council's position on Agua Hedionda specific Plan conditions, and proposal to establish a Aegotiating committee forwarded to State Commission. June 5, 1979. City Council hearing. Council selects twcl members, Mayor Packard and Councilwoman Casler, to represent city on Agua Hedionda Negotiating Committee. July 6, 1979. Negotiating Committee, including City and Coat tommission staff are representatives, meets in Carlsbad. August 15, 1979. Members of City and State Commission st:aff meet in Carlsbad. Commission staff to redraft conditions of approval pursuant to City/Commission discussion. November, 1979. Revised conditions of approval sent to State Commission tor review. State Commission staff informs Regic Commission staff that redraft is unacceptable, March 26, 1980. Members of City and Regional Commission sta! meet in Carlsbad. Tentative agreement made on majority of Ac Hedionda Specific Plan conditions of approval, April 9, 1980. Revised conditions of approval transmitted tc city from Regional Commission staff. June 30, 1980. Members of City, State and Regional Cornissic statts meet in Carlsbad,. Commission sends new staff representatives, and articulates new position on conditions c approval. Conditions of April 9, 1980, reviewed, and issues requiring further negotiation were identified, July 22, 1980. Members of City, State and Regional Comm.issic staif meet in San Diego. Agua Hedionda Specific Plan conditions, redrafted by State Commission staff, were reviewc November 20, 1980. Members of City, State and Regional Commission statfs, and Negotiating Committee representatives meet in San Diego. StaLte Commission staff to redraft condit per negotiating committee discussion, and transmit to city. December 18, 1980. City receives State Commission staff red] ot Agua Hedionda Specific Plan conditions of approval. September , 1981. City staff begins redraft of Agua Hediondl Specific Plan, incorporating City Negotiating Committee posi' on conditions of approval. -5 3- L ATTACHMENT 2 2. ARCHAEOLOGY: MITIGATION MEASURES The aboriginal resources located within the Agua Hediond, Lagoon Area are all that remain of a once extensive I1unt and gatherinq population which once occupied coastal SOU' California. Studies by Dr. Malcolm Rouers (1920- 19155)~ James Moriarty (1966) I Claude Warren (1967), and it. Kaldenherg and Dr. Paul H. Ezell (1974) indicate that a static population existed along coastal San Diego Coiunty least as early as 9030+200 B.P. (Moriarity 1967). 'This population seems to have originated in Eastern Californi (Willey 1966) or the great basin (Davis 1973) and migrat into a pristine, unoccupied coastal area. Different the1 as to the exact route these people traversed when they c to dominate San Diego County are available (Rogers 1939, Rogers 1945; Von Werlhof 1975). Since archaeology is ye its formative period locally, we are able only to hypoth the relationship between landforms, land use, and paleoe travel and trade routes. What is known is that groups o people lived at major sites along the San Diego coast, exploited the estuarine resources, and eventually the resources were depleted. At that time (7000 BOP) an adjustment process occurred where the local groups had t readapt to a changing economic/resource situation. All of the sites along Aqua tledionda contain scientific of extreme value to scientists in understanding this ada process. New techniques and other scientific methods currently employed in San Diego County will enable scien to reinterpret and perhaps explain techno- environmental change in San Diego County. Prehistorians such as Ezell (1975) 8 Moriarty (1975) , Leonard (1975) and Warren (197s believe that sites found along Agua Hedionda and Batiqui Lagoons are of such an enormous scientific value tha,t ca controlled excavation and mitigation is necessary. Impacts. Since the plans for the Agua Hedionda Studiy ax formative staqes, the exact impact of development to) eac archaeological resource cannot be assessed. However', it be stated that any land alteration in the form of gradir intensive brushing or leveling in the vicinity of any of archaeological sites will adversely impact these resourc All of the sites located in this project area are srtbsux sites which contain an abundance of cultural materials. These may include human burials which are protected unde California health.and Safety Code, Section 8100 and the California Penal Code, Section 602, Chapter 1299 . Sect] 7052 of the California Health and Safety Code make t:he destruction of even an unmarked cemetery a felony. The] caution is necessary when considering any impact to the subsurface sites. According to the more recent Nencfocir County decision, six burials constitute a registered le! cemetery and any attempt to remove even prehistoric rem( without an appropriate permit would be construed as Source: Aqua Hedionda Environmental Impact Report I (IitY Carlsbad, June, 1976, P. 72-75. -54- "grave robbing". taken in the event any human remains are found. Site AH- the only site on the subject property where it seems unli any human remains may be unearthed. past land alteration activities and not to prehistoric si functions or locations. Mitigations A. Sites SDM-W-132, SDM-W-l32A, and UCLJ-M-15 are sites MAJOR scientific import and therefore the following eours of action are suggested: 1. Extreme legal and scientific care must This is largely due Perform a systematic posthole series on the site to determine the exact vertical and horizontal extent of site. Conduct a five percent text excavation manually ait tb site employing a research design which will allow neb valid scientific information to be generated as a res of the work. The units should be selected at random, Conduct C14 tests on the site during excavation sample from W-132A and AH 4 have been submitted to O( Riverside). 2. 3. (one 4. Conduct palynological studies. 5. Prepare an analysis for the scientific community, If the information from the site is found to be so exten3 or so important and quantitative that a five percent test will not mitigate the impact,, then a complete fifteen pel salvage excavation-or greater--will be recommended. If, the other hand, the site is found to be yielding repettiti information, then no additional excavation would be recommended. B. Site Aqua Hedionda Number 4 is considered to be of moderate scientific import and therefore suggests that tk following course of action be taken: 1. Prepare a radial posthole series to determine the sit subsurface boundaries and map and collect all surfact artifactual material. All archaeological work shoulc photo-documented. A minor investigation of one-half of one percent of 1 subject archaeological site should be scientifically excavated prior to development to determine the scientific value of the site. 2. -55- 3. If the one-half percent test excavation shows the subject archaeological resources are limited to s;hall and/or disrupted midden, then no further excavati.on would be recommended. If the site is proven to c:onta concentrated archaeological deposits, then a five to fifteen percent subsurface excavation may be recommended , c. Sites AH5 and SDi 209 have been severely impactecl by construction of Park Avenue and are therefore considered be of Minor Scientific importance. The recordation of th sites as a result of this report mitigates any impacts. D. Sites RAH I, RAH 11, and RAH 111 have been mitigated an archaeological survey conducted for Rancho Aqua Hedior E, Sites SDM-W-130 and SDN-W-131 have not been studied f site significance, therefore mitigation (a) should be followed, F. Sites SDM-W-121 , SDM-W-126, SDM-W-127 and SDM-W-127a should be studied for site significance, Once a determination is made, appropriate mitigations as outline in this section should be followed, G. The value of these sites lies in the recovery of the scientific information contained within them. 1 m Reports. For all archaeological investigations, a report for the public record containing the results c the investigation should be prepared and submitted tc the appropriate agency. 2, Disposition.of .Artifacts and Fieldnotes. All arltifac and appropriate tieldnotes resulting trom any miltigat measures should be deposited with a public institutia or displayed in an appropriate area on the subject property. 3. Qualified Archaeologist. All archaeological work shc be conducted by an archaeologist qualified by the cit of Carlsbad, the County of San Diego, and/or the governing board of the Society for California Archaeology H, An alternative to the excavation of the sites would t the development of a plan which would allow for the physj preservation of the sites. Methods of preservation coulc include: 1. Placing five feet of fill over the sites and using tk as open space, -56- 2. Placing a chain link fence around the sites to prate, them froin the curious. Designing the project SO the sites will remain green area and access would be limited. 3. 4. Placing the sites in open space easenents. preservation would allow for the site to be available fol scientific research to future scholars with a demonstrat1 "need to know". This would be a positive scientific act -57- , S:'I:.~ 0: C,ihforn:>. i:<-t;nrf C Ero,.v!: j!, ;.J .. . .)r I ,a C;*Ilforni..q Coas:sI CcmCljslo/l 631 powa;d Street. G:? flm: Sari Fra,q,:izco, Ca'::c;r,ta 94105 ATTACHMENT 3 (41 S) 5"-55SS Fef?::tv.r;t 17, 1982 Earla Iztlafe California State Dopartnent of Fish and Ge~s 350 Golden 3korc Long Seach, Califo-mia 99802 Subject : Dear Mr. tampe : It is my understanding that you desire adeltional izfo-mfiorr as t,o the of Commission staff with regards to the alisnmsst of cannat ?sad glropoz City of CtrlsSad. As you are aware, the Czxission has takn the postr their actio2 on the Aqua Hedionda Specific ?Ian, several years asc), tha mad cocl:! riot be approved as consistent wlzh Coastal Act p=iicies: &e encroack2nt czto the wetland area adjacent to Ago- ??adion&a Lagoon. Since.the zk.t of the Commission's original actio3 on the A3ua He?!iondz ?lm, a nqztiating cormittea cornpriscd of sc*.-cral Ci>l Cac:ncil nmber: several Cczstal Ccm!izsian mmbcrs has met an< detsrr-ined ::?at =kc! €011 langucge rsys=ding Canzon Rad3 is approprizte, su5ject to full Cmmcil Cormission 2;zovaL : ?ro?osec' "+-?-:on ?.sad" Extension - Tnc conzs~t-al aLF5mezt of Cannon ! shovn 02 t% drar't lszd use map for the Carlsbad LCP, prejared Sy 2F.C ' CQrporati.=;:, is acceptable. In the deve1o;:ont of a final srccific des the rca&is.;, the follo:.ring design criteria 2nd enuirozrenzcl nrotetctio: shall a??:?: Evaluation oE Ca!mor? Road rwtli*:;szczt - Cit? of Carlsi):~:], a) ::z ?ortior! 02 tha road constructio? s3tll 5~-.~aLvc 5illinq or c or' L ;.-==land zrea, zs dcfir.ed in Ssctlx 3~3121 or' tk= C3astz; Act; b) 70 <!a extent that any portion of :kt0 ma3 canstr-ction would in or adjacent to an environmentally srrisitit-e habitat area other a wezlaad, the road shall be sited an2 ci+si.;ae? to pre-rent impact: would siqif icar,tkj Sograde such arcas, s:?all avsid siqlnif icant d: of habitat values, and shall be sit& and 2eaiqr.d to Sc c@mi?atib: the costinuancc of habitat values; XXCEI # '3 O*? F, J -) .d CrrY OF CA Planniii? Dq -58- I Zirl Lauppe 4 Fckrua:-y 17, 1382 Pqe %ro C) To tSc extent that there are no fezrible Less envlran:nnntally d alternatives and the road as designed :could nonetselcss result in a iqacts to environnentally sensitive habitat areas, such inacts sh fully Titigated in accordance with the recomiezdations of thc State xent of Fish and Gainc; and, d) To 2rotect agricultural lands fros the growth-inducing 39tent-ic oroject, RO aqriculturnl lands shall bo assessed for constraction o road, anc? the road shall be designed sa as to avolC? uxontro'Lled ac into adjacent agricultural arqas. The Commission staff's interpretation of thc above stated Languqe is ti! Roae can, with adequate mitigation, be pemitted, 5ut only if it does na on wetland areas as defined in Section 30121. However, former wetland a are currently and have Ozen historically fazad, or smal1 wetlacd areas reaoved frm. the main lagoon complex by existing roads and which are les acre in size, could be exroached upon for cmstruction of Cannon Road. encroaehmsr?'. -muid ultirately be based OA a ?indins by the CoYnission th is n3 fcasiXn, less ezviromentally damagir.3 alternative to the ?rosased Zoad zlignrr.szt t7d t3at the Oepartment of FLsh and Gars concurs with the and ?ropes%,", ?!tigation; Clearly, it would 3e the *mission staff's po thzt finti Z~ZS aligrsent vould have to neet the criteria set forth in s WWbWt and WC'? r.oted akre - Me would expect, if on cnvitonacntally fcasibl is possible, 5z.t such ritiya ticn measures 23 saccia1 construction tcciin (e-g., Pif~~~ sagports \.+.ere mcroachnent on existing or fo-mer watland occurs), z==z:i zestoration, open space dedications, desilting basins, et h =de a ;zt of tr,e ?reposed road construction. Eopo-fully, 3Xs lettar clarifies the Corinission stcff's position with re' the critzzla x2er w5ich Cannon Road could Se built. IL you have furthe raqardi7.q th? annor? ?sad issue, please contact Tom CrkqBall at the San District o5:Ilza of the Ccastal Commission. <?hme: (714) 280-6992) Since giy-,, .. x-=+&-"- L.- A ---Ha e-4- 95a ~..rnrn wputy DiZoctOr of Laad ifse a3 : lro cc: A Ji.2 IIalr;.t.?l=n n LO;^ Cxc.ZaJ.1 -59- wc IAGHM~NI 4 ~WMMU~Y ainua ut tnc Lnuwuw Hater pipit (Anthus spfnoletta) igrates from north and is found near southern uddy shores in winter. Sparrow-sized with slender ills. bark tail with white outer feathers. eight: 5 1/2 to 6 1/2 inches. Scernann*s Gull (L. heermanni) Comnon along west Coast beaches and lagoons except 'ill spring whan it is confined to its breeding , islands. Darkast of gulls, uniformly dark below. Adult has white head and red bill. Height: I5 to 17 inches. I I WaStern Sendpiper (Calidris mauri) 1 I Most coixnon shorebird tound in both fresh and salt water. Lonq pointed bill that droops at tip. In 1 simmer back and crown are rusty; in fall plumage is i grey. Haightr 5 1/2 to 6 1/2 inches. -- Great Blue Eeron (Ardeo herodius) Largest of herons. Common on fresh as well as salt water. Read white; Male has long black plumes during mating season. white mantic. Height: 56 to 48 inches. Shaqqy blue-grey back and Least: Tern (S. a1bifror.s) Common among sandy beaches and lacootis. Cjlende te birds w/long narrow black tipped wings, ked black tail and pointed yellow 0111. 813 crown and grey mantel. Dives for s-all t~sh ar insects. in the open. Height: 6 1/2 to 7 1/2 inches. Rzcnming endangered because they lay b Killdeer (C, vociferus) Very common in fields and pastures. Adult has two neck bands; juveniles, only one. Related to Plover family, but has a longer tail. upper tail and lower feathcts. Feigns injury near nest to distract intruders, Reight: 9 to 11 inches. Noted for orange Black 5ellicd PIovcr (P. squatarala) Medium to small shore bird. Rill is rather short and has noticable %vollina near tip. Neck ancl tail are shott. Qas striking black axillar: under ring. In summer face and mantel are black: in winter face and mantle ate white. eiqht: 9 1/2 to 11 112 inches. A e e Aner.ican Coot (Pulica. anericana Commonly found in fresh water during nesting season, in winter found in both fresh a.-rd salt :#ater. Dark plumage contrasts with whits bill and white narkings I undcr short tail. Feeds on shore and in water. I Height: 12 inches. mi IAY~~~CIWI a bUMMUN PLANIS UP AHC LAG~(JN \ I I I .I Sand spurry (Tissa marina) Annual or biennial, erect, free branching bosh foun in salt marshes along the pacific coast. Pink flowers bloom in sprinq. Grows to six feet high. I 3alt Grass (Distichlis spicatal Abundaat thrmghout marsh areas. root stock* Grow8 to 3 feet. Tall erect f Sheaths ovetlappirq and oftpn c-c Pick18 Fh8d (SJJliC0rniJJ)l Lo;d-growing perennial ground cover found in salt aarshes. Most common indicator Species for Generally four to six inches' \ i Cal €fornia Saqebruoh nt base. resembles sacs. Grows from two to four feet 1:;: 1 (Artemisia californf ca) I Common skrub along paciffc caast. Perennial. woody* ’. Stems branch fram 10 to 20 inches. Backvb e a t ( E toignum f as c i cul at 1 Perennial shrub. Short stems, th Rust colored in fall. Szall whit in Augtlst and Septcmbet. Grws t I I Eel Cras (tostera marina) ribbon-like. one to two feet long. Aquatic plant common along pacific coast. Leaves I , Flowers during summer months. Grows1 . Cocnon Cat Tail (Typha latifolia: Located in marsh areas throuqhout Nor: except in extreme north. Stems stout or black five inch spikes. Stens gro -. BI 5iXOGRAPHY 1. Bradshaw, Jack. The Natural Resources of Aqua Hedionda La eon- U.S. Fish and Wildlife Service. San Diego,, - States and Canada. Addison Brown. New York, 1966. - krnia, June, 1976, 2. BrittOn, Nathaniel. Illustrated Flora of the Northern 3. California State Coastal Commission. Statewide Interpretive Guideline for Wetlands and other Wet Environmentally Sensitive Habitat Areas State of California. San Francisco, California, February, 1981. 4. City of Carlsbad. Aqua Hedionda Lagoon Specific Plan Environmental Impact Report. Carlsbad, California, - Jun California, August, 197 4. 1976. 5. City of Carlsbad. Carlsbad General Plan, Carlsbad, 6. City of Huntington Beach. Coastal Element, Huntington 7. Jack G. Raub, Company. Aliso Viejo Planned Communit Costa Mesa, California, August, +9 1 8. Reilly, Edgar M. The Audobon Illustrated Handbook of 9. Rick Environmental Consultants. Aqua Hedionda Lagoon Nc Beach, California, August, 1980. DeVelOFment Plan. American Birds, New York. 1968. - Shores Archaeological Project. Rick Consultants. - San Diego, California, June, 1976. 10. David, Smith and Associates. An Analysis of Dredging Requirements for Aqua Hedionda Lagoon. La Jolla, California, July, 1978, 11. Qnuf, Christopher. Guidelines for the Protection of thc Natural Resources of Californias Coastal Wetlands. University of California, Santa Barbara, California, Ma 1979. - 12. PRC Toups Corporation. Carlsbad Local Coastal Program (Mello XI), La Jolla, California, July, 1980. 13. U.S. Department of the Interior, Guidelines for Understanding and Determining Optimum Recreation Carryi Capacity. U.S. Department ot the Interior. Washington D.C., January, 1977. - -64-