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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. O J-o< O O g Oz3 OO ExHbtt 1 coastal zonestatus report CtTYOFOWLSBMJ, 2-83 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