HomeMy WebLinkAbout1983-09-13; City Council; 7498; Coastal Zone UpdateCIT> OF CARLSBAD — AGENDA ^LI-
MTG._9/W83_
DEPT.J&A.
TITLE:
COASTAL ZONE UPDATE
DEPT.
CITY ATTY
CITY MGR..
RECOMMENDED ACTION:
None. Information item only.
ITEM EXPLANATION:
Attached are three exhibits for the City Council's/Planning Commission's
information regarding the state of the Carlsbad Coastal Zone.
FISCAL IMPACT:
None.
EXHIBITS:
1. Coastal Zone Status Report, February, 1983. This report, prepared
by City staff, contains a summary of technical definitions, major
coastal legislation, the current status and chronological legal actions
relative to the various segments of the Carlsbad Coastal Zone.
2. A memo from the City Manager to the Planning Commission/City Council
and staff, relative to a portion of the Mello Bill II agricultural sub-
sidy program affecting an area south of Palomar Airport Road and east of
Alta Mira.
3. Memo from James Hagaman to Frank Aleshire regarding discussions bet-
ween City and Coastal Commission staff regarding amending, or resubmitting,
all, or portions of, the Carlsbad LCP.
Staff will make a brief presentations and respond to any questions regarding
these issues, at the joint City Council /PI anrri no Commission meeting.
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coastal zonestatus report
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INTRODUCTION
This report provides the City Council with a
summary of technical definitions, major legislation,
current status and chronological actions relative to
the Carlsbad Coastal Zone. The status of the four
planning areas of the Carlsbad Coastal Zone is dis-
cussed and defined. These are the Agua Hedionda
Lagoon segment, Mello Bill I segment, San Dieguito
LCP and the Carlsbad Coastal Zone area. Maps dep-
icting these areas are provided as attachments to
this report.
I. Terminology 1
a. LCP 1
b. Coastal Development Permit 1-
c. Planning Area Segmentation "
d. Coastal Legislation ^
II. Coastal Program Chronology and Status Report 3
a. Agua Hedionda Lagoon Segment 3
b. San Dieguito Segment ^
c. Mello Bill I Segment *
d. Carlsbad Coastal Zone Segment ®
ATTACHMENTS
1. LCP Planning Areas Map 8
2. Mello Bill I Properties Map S
3. Agua Hedionda Lagoon Area of Interim 1O
Permit Authority
4. Letter from Mayor Packard (12-29-81) 11
5. Agricultural Lands Map IS
I. TERMINOLOGY
a. LCP. LCP refers to a complete Local Coastal Program com-
prised of two components. These are the Land Use Plan (LUP) and the
implementing zoning/ordinances.
b. Coastal Development Permit. Most development projects in
the coastal zone require a coastal development permit. Since the
current position of the City is that the Coastal Commission should
continue administering development in most areas of the Carlsbad
coastal zone, developers must process permits with both the City
and the Commission. This is referred to as "dual permit proces-
sing." Under the dual permit process, a project must receive all
local discretionary approvals before the applicant may apply for
a coastal development permit. This adds about six to eight weeks
processing time to most projects. The only portion of the coas-
tal zone in which the City may soon issue coastal permits is Agua
Hedionda Lagoon.
c. Planning Area Segmentation. As a result of State legis-
lation, the Carlsbad Coastal Zone has been segmented into four
planning area segments. These are as follows (see map, attachment
1):
1. Agua Hedionda segment. Covers approximately
1100 acres, including the Agua Hedionda Lagoon,
wetlands and adjacent property. This is the
only portion of the Carlsbad Coastal Zone under
jurisdiction of the City.
2. Mello Bill I segment (attachement 2, map).
Covers three specific properties totaling 1000
acres south of Palomar Airport Road.
3. Mello Bill II segment. Referred to as the
Carlsbad LCP, this segment covers the majority
of the Carlsbad Coastal Zone. The Hello Bill
II segment includes approximately 5387 acres.
Both the Mello Bill I and II segments are admin-
istered by the State Coastal Commission.
4. San Dieguito coastal planning area. This covers about
1191 acres of unincorporated area, including Batiquitos
Lagoon and property along the north shore. This planning
area is being administered by San Diego County, pursuant
to an agreement between the Board of Supervisors and City
Council.
Each of these coastal zone segments are subject to a
separate land use plan and implementation program.
d. Coastal Legislation. Major legislation related to the Carlsbad
coastal zone are as follows:
1. California Coastal Zone Conservation Act. Originally
passed as a referendum on November 7, 1972, and subse-
quently renewed as the California Coastal Act of 1976
(August, 1976). The Coastal Act provides the primary
legislation requiring 15 coastal counties and 53 cities
to prepare coastal plans. The Coastal Act provides
guidelines regarding the scope, content and processing
of LCPs, and establishes the Coastal Commission.
2. AB462 (Mello Bill I) requires that three properties
in the Carlsbad Coastal Zone (referred to as "Hello
Bill" properties) have a certified Local Coastal Plan by
October 1, 1980. This legislation allowed the State
Coastal Commission to adopt an LCP without the appro-
val of the City.
3. AB 1171 (Mello Bill II). Passed on June 12 1980,
this legislation allowed for the adoption of a local
coastal plan for the majority of the Carlsbad Coastal
Zone by the State Commission without the participation
of the City. Mello Bill II required the State Commis-
sion to certify a land use plan and implementation
program by July 1, 1981.
4. AB 385 (Hannigan Bill). This legislation provides
for local jurisdictions to receive interim coastal per-
mit authority while the implementation portion of the
LCP is being prepared. The local jurisdiction must
submit an interim ordinance to the State Commission
for review and approval. In Carlsbad, the City may
receive interim permit authority in those portions of
the Agua Hedionda LUP which are not adjacent to, or
within 300 feet of, the lagoon. All other portions
of the Carlsbad Coastal Zone are under the jurisdic-
tion of the State Commission, and are not subject to
interim permit authority.
II. COASTAL PROGRAM CHRONOLOGY AND STATUS REPORT
a. Agua Hedionda Segment
1. Chronology.
December 2, 1975. Carlsbad City Council endorsed
preparation of Agua Hedionda Coastal Plan.
June 6. 1976. Draft Environmental Impact Report
completed.
October 13, 1976. Planning Commission recommended
certification of EIR, and approval in concept of
Agua Hedionda Plan.
December 21, 1976. City Council certified EIR,
approved Agua Hedionda Coastal Plan in concept.
December 23, 1977. San Diego Regional Coastal
Commission approved Agua Hedionda Plan with
23 conditions of approval.
May 15, 1978. State Coastal Commission certified
Agua Hedionda Plan with 31 conditions of approval.
June 5. 1979. City Council selected two«members,
Mayor Packard and Councilwoman Casler, to represent
the City on the Agua Hedionda Negotiating Committee.
November 20, 1980. Final meeting of Negotiating Com-
mittee. City and Coastal representatives agreed on
revised conditions of approval.
March 10. 1982. City staff completed revised draft
of Agua Hedionda Land Use Plan.
May 18, 1982. Following public hearings, City Coun-
cil approved Agua Hedionda Plan.
August 27, 1982. Coastal Commission certified Agua
Hedionda Plan as submitted by the City.
2. Agua Hedionda Status Report.
The Agua Hedionda Land Use Plan was approved by the
State Coastal Commission on August 27, 1982. The Plan
was approved as submitted by the City, with no changes,
modifications or conditions.
Land Use Planning staff is currently processing a
General Plan amendment to provide consistency between
the Land Use Element and the Agua Hedionda Land Use Plan.
They are also processing the interim coas-
tal development permit ordinance to allow the
City to issue coastal permits in certain portions
of the plan area (see attachment 3, map). These
items are being processed concurrently . They
are being reviewed by the Planning Commission, and
should be scheduled for City Council consideration
in February, or March. The City should have interim
permit authority by June, 1983.
City staff will probably begin work on the perm-
anent implementation/zoning program in Spring, 1983.
This phase of the Agua Hedionda LCP must be completed
and submitted to the Coastal Commission by December,
1984. State funding is available to complete the
implementation program. Upon State Commission appro-
val of the City's implementation program, the Agua
Hedionda Plan will be a fully certified Local Coas-
tal Program.
b. San Dieguito Segment
1. Chronology
December 5, 1980. San Diego County submitted the
San Dieguito Land Use Plan.
April 16, 1981. State Coastal Commission finds sub-
stantial issues (areas in conflict with the Coastal
Act) with the County's submittal.
June 10, 1981. State Commission denies County LUP
submittal; conditionally approved the LUP, with
suggested revisions.
January 1, 1982. The County resubmitted an amended
Land Use Plan.
September 22, 1982. State Coastal Commission approved
San Dieguito LUP as submitted by the County.
2. San Dieguito Status Report
The San Dieguito Coastal Plan area extends from Sou-
thern Carlsbad to Del Mar. Approximately 1191 acres
are within the Carlsbad General Plan sphere of inf-
luence. The San Dieguito Land Use Plan contains the
following land use designations which affect Carlsbad:
Batiquitos Lagoon has been designated as an Ecolog-
ical Resource Area (ERA), limiting uses to habitat
enhancement, education and scientific study, and
aquaculture.
South Carlsbad State.Beach. Boat launching facili-
ties are encouraged here, consistent with State Park
and Recreation plans.
North Shore property between Carlsbad Blvd. and the
railroad tracks, has been designated PD (planned dev-
elopment) at 14.5 du/acre. Density designation on
this property is consistent with the Carlsbad General
Plan Land Use Element.
Seabluff property on the north shore between the rail-
road and 1-5 has been designated AC (agricultural
cropland). Of the 100 acre site, a maximum 600 resi-
dential units is allowed on 40 acres, consistent with
the Carlsbad Land Use Element. The remaining 60 acres
must be preserved for agriculture, open space and trails.
North Shore of Batiquitos Lagoon from El Camino Real to
an area east of Lagoon Lane has been designated for res-
idential development at one unit per acre. Transfer of
this density to the Green Valley area, and the preser-
vation of the North Shore for agricultural use, is
encouraged.
The County will have full coastal permit issuing
authority upon approval by the Coastal Commission of an
implementation program.
c. Hello Bill I Segment
1. Chronology
August 1, 1980. San Diego Regional Coast Commission held
public hearing on Mello Bill I Local Coastal Program as
drafted by Commission staff.
August 15, 1980. Regional Commission recommends appro-
val of Mello Bill I LCP, as drafted by Commission staff.
September 18, 1980. California State Coastal Commission
approved Mello Bill I Land Use Plan (LUP).
September 30, 1980. State Commission approved Mello Bill
I Zoning/Implementation program.
2. Mello Bill I Update
The Mello Bill I LCP was adopted by the Coastal
Commission without the participation, or approval,
of the City. As a result of this, the position of
the City has been that the Mello Bill I LCP is the
responsibility of the Coastal Commission to administer.
This position is articulated in a letter from Mayor
Packard to the District Director of the San Diego
Commission (attachment 4). Under this arrangement,
it is the responsibility of a property owner, or dev-
eloper, to secure a coastal development permit, or
initiate amendments to the certified LCP.
d. Carlsbad Coastal Zone (Mello Bill II LCP)
1. Chronology
June 14, 1980. Assembly Bill 1171, establishing the
Me 11o Bill II LCP process was adopted by the State
legislature.
March 10, 1981. Carlsbad City Council took action
indicating that the Land Use Plan prepared by the
State's planning consultant (P.R.C. Toups) would be
acceptable if changes proposed by the City were inc-
orporated.
March 20, 1981. City's proposed amendments to Land
Use Plan forwarded to the San Diego Regional Coast
Commission.
March 26, 1981. Regional Commission recommended appro-
val of Land Use Plan as amended by the City.
June 3, 1981. Land Use Plan, as amended by State Com-
mission staff was certified. Revisions proposed by
the City were not approved.
June 8, 1981. Mello Bill II Zoning/Implementation
Program adopted by State Commission.
December 29, 1981. Letter from Mayor Packard sent
to regional commission director, stating City's posi-
tion regarding participation in State-approved LCP
(attachment 4).
2. Carlsbad LCP (Mello Bill II) Update
The Carlsbad Local Coastal Program (LCP) was
drafted by a private consulting firm (P.R.C. Toups)
under contract with the State Coastal Commission.
The LCP certified by the State Commission was the
P.R.C. Toups plan, incorporating substantial revi-
sions recommended by State Commission staff. The
City's position regarding the Carlsbad LCP was consis-
tent with that expressed on the Mello Bill I LCP
(attachment 4). Currently, developers must obtain
a coastal permit from the Coastal Commission, after
receiving all necessary City approvals. This is
referred to as "dual permit processing."
As part of the Carlsbad LCP, the Coastal Com-
mission adopted an Agricultural Subsidy Program.
This program effects coastal agricultural lands
in both the Carlsbad LCP and Hello Bill I LCP.
Agricultural lands designated as "developable"
are required to pay an agricultural conversion
fee of approximately $24,030 an acre. This fee
is adjusted on an annual basis to reflect chan-
ges in the consumer price index (CPI). Map
attachment 5 shows those lands which must pay a
conversion fee, and those that will be subsidized
to remain permanently in agriculture. The State
Coastal Conservancy will administer the subsidy
program. It is estimated that the required con-
version fees will total $7-million to be collec-
ted over 10 to 15 years. The fund is scheduled
to provide $4-million in direct subsidies (i.e.
purchase development rights) to the owners of
640 acres of "long term agriculture." The rem-
aining $3-million will be used to fund improve-
ments which enhance the feasibility of long term
agricultural uses. Projects which have received
priority status by the State Coastal Conservancy
include: wastewater distribution systems, agri-
cultural research, low interest loans, adminis-
trative costs.
ATTACHMENT 1
LCP PLANNING AREAS
(•I. AGU* HEDIONDA
3 AAELIO BILL
SAN D1EGUITO
CARLSBAD LCP
LCP PLANNING AREAS
AT-ACHMENT 4
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the Mayor
December 29r 1981
TELEPHONE:
438-5561
Citp of Cartebab
U*~C 3
CITY OF CA t>l
Planr '
Tom Crandall, District Director
California Coastal Commission
San Diego District
6154 Mission Gorge Road, Suite 220
San Diego, California 92120
CARLSBAD LOCAL COASTAL PLAN
Dear Mr. Crandall:
This is a follow-up to your letter of November 12, 1981. The
City Council has decided not to file a request with the Coastal
Commission to revise or amend the Carlsbad LCP. The City's
position remains as stated in the past — the LCP is the Com-
mission's plan and any modifications should be initiated by
the commission, not by the City.
This means that we will continue a dual permit process. We will
advise property owners to file applications for development
permits with the City to be processed under City Zoning Ordinances
and General Plan. We will also advise property owners to file
with the Coastal Commission in order to receive State approval
consistent with the adopted Carlsbad LCP. This dual process is
not in accordance with the intent of the Coastal Act which is to
return land use planning implementation to local government.
Since the Coastal Commission has overruled the recommendations of
the City and has adopted an LCP which is unacceptable to the City
Council, we feel that a dual permit process is the most reasonable
option open to us.
This decision means that Carlsbad will not recommend a substitute
to the Coastal Commission agricultural subsidy program. The City
Council remains opposed to the state's agricultural subsidy program
because we believe it to be bad public policy and legally questionable.
The Coastal Commission has already rejected the City's proposed
agricultural incentive program. Since the parties cannot agree,
we feel the burden must be placed on Carlsbad property owners to
propose modified agricultural programs which can be approved by the
City and the Coastal Commission. In fact, we know that some agri-
cultural land owners have already discussed a "mixed use" plan with
your staff. Handling the agricultural issue on a piecemeal, project-
by-project basis seems faster and more effective than trying to
fabricate a new policy. We have no reason to believe that the
Coastal Commission would consider any modifications to the agricultural
subsidy program at this time.
11
Tom Crandall December 29, 1981California Coastal Commission Page 2
On January 1, 1982 the Coastal Conservancy will implement the
agricultural subsidy program. Under the program adopted by
the Coastal Commission the Conservancy could collect $7 million
in subsidy payments from Carlsbad developers. The City Council
feels very strongly that this money should be spent in Carlsbad
to benefit Carlsbad agriculture. Current rules would allow the
Conservancy to spend the money anywhere in California. We will
oppose the transfer of that money out of the city and wish to
suggest regulations which would prohibit such transfer. How can
we initiate such a regulation?
In regards to the Agua Hedionda LCP, the City intends to process
a "resubmittal" to the Coastal Commission. Since 1977 the City
has been working with the Commission to draft an acceptable LCP.
We think we have now resolved the 32 issues the Commission staff
objected to in 1979 — except for Cannon Road.
We propose to meet with State Fish and Game officials to work
out an acceptable alignment for Cannon Road. The major issue is
that the road runs through designated wet lands. We will explore
mitigation measures and present' to the Coastal Commission a
specific plan with conditions acceptable to Fish and Game. In
summary, we intend to resubmit the Agua Hedionda LCP for public
hearings and Coastal Commission Certification in 1982.
We intend to take no action on the Carlsbad LCP. This will re-
quire the Commission to implement the LCP as certified.
Thank you for meeting with us. We intend to continue to work
with your staff and with property owners to resolve problems
as they come up. Under present coastal policies, both the City
and the State exercise authority over developments in the coastal
zone. We hope the Commission will someday see fit to return
permit authority to the City - as envisioned by the legislature.
Respectfully,
' /&&*f\^__
RONALD C. PACKARD
Mayor
RCP-.gb
cc: City Council
City Attorney
Planning Director
Mike Fischer
Senator William Craven
Assemblyman Robert Frazee
Paul Eckert, Chairman, Board of Supervisors
Dwight Spiers
Don Agatep
Peter Mackauf
v,^ • ^ - -_-.--. •
ATTACHMENT 5
LA^IDS
LANDS PRESERVED
TO PAY SUBSIDY
AUGUST 8, 1933 Exhibit .2
TO: CITY COUNCIL
PLANNING COMMISSION
LAND USE PLANNING MANAGER
RESEARCH/ANALYSIS GROUP MANAGER.!
FROM: City Manager
MELLO II - LOCAL COASTAL PLAN - 375 acres South of Palomar,
East of Alta Mira
On July 27, 1983 the Coastal Commission voted on.a proposed
amendment to the LCP presented by Don Agatep on behalf of
seven landowners.*»
The owners requested urban development of 187 acres and
agreed to retain agriculture on the remaining 187 acres.
The Coastal Commission denied the mixed use request and
found that:
1. Continued agricultural use of the entire 375 acres is
feasible because the landowners will receive agri-
cultural subsidy payments from the Conservancy.
2. Land purchases based upon speculation of future per-
mitted uses cannot be the sole determinant, in deciding
if agricultural use is feasible.
The Commission then adopted a master plan for the area
authorizing urban use for 100 acres and agricultural preser-
vation for 270 acres. Owners have until July 31, 1984 to
comply with the mixed use plan; otherwise, the entire 375
acres stays in agriculture.
The Coastal staff report on this application gives clear
insight to the Commission's objectives to preserve agri-
culture .
I will be scheduling a joint Planning Commission-Council
workshop in September to review the Coastal Commission action.
FRANK ALESHIRE
FA:cle
Exhibit 3
JUNE 20, 1983
TO; FRANK ALESHIRE, City Manager
FROM: JIM HAGAMAN, Policy Development Manager
CARLSBAD'S LOCAL COASTAL PROGRAM
I met with Tom Crandall and Chuck Damm to discuss the pos-
sibility of Carlsbad revising the State's LCP and taking
permit authority for our Coastal Zone.
We addressed the following items:
a) processing time
b) amendment of State adopted LCP vs.
submittal of Carlsbad's own LCP
c) four primary issues:
1. agriculture
2. 25% slope
3. density .
4. land uses
d) segmentation of LCP
Processing time - It is estimated that the total processing
time for a submittal of a new Carlsbad LCP would be one year.
If an amendment was considered adequate/ one to two months
could be saved. The coastal portion of the processing time
would be approximately three months.
Amendment of State adopted LCP vs. submittal of a new Carls-
bad LCP - the current State adopted LCP is difficult and con-
fusing for staff and land owners to understand, plus the
graphics are marginal at best, and do not meet City needs.
Individual property owners have little confidence in how
their property will be treated during the development pro-
cess by the Coastal staff. It is also, in my opinion, not
acceptable to have different documents and graphics for the
Agua Hedionda LCP, the Carlsbad LCP and San Dieguito LCP as
three separate land use documents.
The reformatting of the Carlsbad and San Dieguito LCP to be
consistent with Agua Hedionda LCP with clear, understandable
graphics seems logical and necessary. This effort would
require more time to complete, but should not add over two
months to the process. This process is still considered pos-
sible to complete within one year.
Carlsbad's Local Coastal Program/...2
Four primary issues -
Agriculture: On this issue, I found an irreconcilable
difference. The City's position is to encourage agricul-
tural uses as much as possible, while recognizing agri-
culture as an interim use, which some time in the future
will not be economically viable.
The Coastal staff's position is that agricultural lands
identified in the Coastal Zone are a permanent use. Such
suggestions as a mixed use approach, considering only prime
agricultural lands, are tainted by any degree of non-
permanency of such proposals even if agricultural uses are
non-economical. After this discussion, it is my opinion
that agriculture must be handled at the legislative level.
Agriculture is a statewide issue and should be handled as
such by the legislature.
25% slope: There is some evidence that minor modifications
to this standard are possible in some recently approved
LCPs. Encroachments have been allowed within the 25%
slope area, and mapping overlays have been used to modify
the 25% slope.
Density and land uses: Are generally not specific and can
be addressed at the appropriate time as the LCP proceeds.
\
Segmentation of LCP - Coastal staff concurred that the City
can segment the LCP. This would allow City to reclaim per-
mit authority in stages, i.e. the area north of Agua Hedionda
Lagoon, the area between Palomar Airport Road and Agua
Kedionda Lagoon and the area south of Palomar Airport Road.
The Coastal staff indicated they would help us when they
could, but currently operate with minimum resources.
Conclusion - The City should explore the possibility of
removing agricultural uses from the Coastal Act as a first
priority. If the agricultural issue is resolved, then the
remaining issues could be workable and the City's goal of
reclaiming permit authority can be accomplished.
'AMES C. HAGAMAN'">
JCH:PGK