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HomeMy WebLinkAbout1984-10-02; City Council; 7902; Carlsbad's LCPC1T\ ;F CARLSBAD — AGENDA ILL en I <D en-P Q)o • -P0) 0) 3S <D 5•H -P.-jd 4-1in dlTj 3:0.3en m -Sg*•P en GCD «D o CD Q *H0 rd'd -P -HrH td S-I-e o QJ 0) S-I-Ho oo oo d, ^I io o -Io AR* 7 JO 2. MTG 10/2/84 DEPT. CA TITLE: CARLSBAD'S LOCAL COASTAL PROGRAM (MELLO I AND II) DEPT. HD. CITY ATTY\jtf> CITY MGR. Jds RECOMMENDED ACTION: The Council's local coastal plan committee recommends that the Council by motion: 1. State the City's intention to implement the LCP for the Mello I & II areas, and 2. Direct the City Manager to return with a work program to carry out that intention and give permit authority to the City. ITEM EXPLANATION Mayor Casler and Councilman Chick, the City Council's Local Coastal Program Committee, have asked our office to prepare this agenda bill placing their recommended action before the Council for consideration. A memorandum from the City Manager giving some background on the City's local coastal planning efforts and discussing some of the considerations which bear on this question is attached. On September 16, 1980, the Council, by motion, approved the September 15, 1980 memorandum from the City Attorney and the Planning Director as stating the City's policy on the LCP for the Mello I properties and directed the Mayor to tell the Coastal Commission the City would not approve or implement the plan. On May 26, 1981 the Council, by motion, affirmed its support for the "Toups plan" as modified by the Regional Commission for the Mello II properties. The plan adopted by the State Commission was substantially changed. On June 9, 1981 the Council, by motion, registered its disagreement with the ordinances written by the state staff to implement the Mello II LCP as adopted by the State Commission and stated that the City would not participate in carrying them out. If the Council now wishes to consider a change in those positions your action is to so indicate by motion and direct the City Manager as the Council determines necessary to carry out the City Counci's present intentions in the matter. PAGE 2 of AB# FISCAL IMPACT The City Manager reports that if the recommended action is approved staff will be required to process general plan amendments, zone changes, prepare enabling ordinances and to schedule public hearings before the City Council and Coastal Commission. He will return with a report indicating the need for additional planning staff to handle this work and increased workload to process the coastal permits. There is a possibility that State funds may be available to pay some of these costs. EXHIBIT Memorandum from City Manager dated September 27, 1984 BUENA VISTA LASOON;? PACIFIC OCEAN — J CITY OF CARLSBAD MELLO I AREA AGUA HEDIONDA PLAN AREA MELLO II AREA -17-3 September 27, 1984 TO: MAYOR AND CITY COUNCIL FROM: City Manager LOCAL COASTAL PROGRAM The Coastal Initiative in 1972 and the Coastal Act of 1976 provided a process whereby local government could prepare and adopt a local coastal plan (LCP) for the areas within its coastal zone. Carlsbad commenced the planning process in 1975. The coastal planning process has been very complex and time consuming. There are several parts to the Carlsbad Coastal program. Agua Hedionda LCP This plan was prepared by City staff between 1975 and 1982. It was certified by the Coastal Commission in 1982 and is administered by the City. It covers 1,100 acres in and around Agua Hedionda Lagoon. Mello I - LCP In 1980 the state legislature mandated that Coastal Commission adopt a plan for 1^000 acres located north of Batiquitos Lagoon. This LCP was approved by the Coastal Commission September 20, 1980 without the participation or approval of i^he city. Carlsbad LCP - Mello II The plan now known as the Carlsbad LCP has also been designated as "Mello II". The 1977 by the City. The Coastal Commission took over from the city in 1980 and certified its own plan in 1981. The plan covers 5,000 e.cres of coastal lands in Carlsbad. It excludes the Agua Hedionda LCP and blankets in the Mello I LCP. t plan was commenced in Mayor and City Council September 27, 1984 Page 2 In various presentations, hearings and reports in 1980 and 1981 the City Council took strong exception to the actions of the State Coastal Commission. Those objections fell on deaf ears. In the Carlsbad case the state did the planning instead of the city; the state certified the LCP without city concurrence; and the state administers the permit process instead of allowing local government to do it. The net effect is that property owners who wish to develop in the Carlsbad coastal zone are required to go through a dual permit process. They must first gain city approval for their projects and then file an application for Coastal Commision approval. The time and cost of such a burdensome process has created problems for all parties--landowners, developers, the state and the city. The City's objections to the state certified LCP were explained in letters filed with the Coastal Commission in 1980, and 1981. In a letter dated December 29, 1981 the Mayor notified the Coastal Commission that the City Council had opted not to approve the Carlsbad LCP and not to submit formal amendments to the state plan. Since 1981 there have been some changes which have significantly altered the conditions of the Carlsbad LCP. 1. Agricultural Subsidy Program. The legislature has approved and the Governor has signed AB 3744 (Bradley). The bill eliminates the agricultural subsidy program in Carlsbad. 2. Low Cost Housing. In 1982 the legislature eliminated the inclusionary zoning clause which required 25% of housing units in the coastal zone to be for low and moderate income families. 3. Cannon Road. The city reached agreement in 1982 on the alignment for Cannon Road from 1-5 to El Camino Real. 4. Wetlands. The city reached agreement with State Fish and Game concerning the wetlands boundary for Agua Hedionda Lagoon. The Batiquitos wetlands boundary line has been delineated in the city's Lagoon Management Report. Mayor and City Council September 27, 1984 Page 3 5. Grading. In 1982 the city modified its grading ordinance to more closely conform to the stringent require- ments of the Coastal Act. Additional grading regulations have been proposed by a Coastal Conservancy study which is receiving city attention at this time. In 1984 the City Council appointed Mayor Casler and Councilman Chick to review the LCP and consider the possibility of proposing amendments which would allow the City to approve the LCP. The committee has reviewed the LCP regulations in detail and has prepared a report which identifies the inconsistencies between the LCP and the City General Plan. The Committee also has noted that the major objections raised by the city in 1980-81 have been dealt with by the legislature— e.g. agricultural subsidy program and low cost housing. In addition several other issues have been resolved in the past three years. In view of this situation the committee feels that the Council should consider assuming responsibility for administration of the LCP. Such an action would resolve the long standing dispute between the City and the Commission over jurisdiction and it could eliminate the arduous and costly dual permit process which now exists. To be sure this action would not resolve all outstanding issues. The City will be obligated to process developments in the Coastal Zone and to recommend amendments to the LCP when appropriate. The City will need to propose some substitute for permanent agricultural zoning. Other issues will need to be resolved over time. If Council desires to change city policy and to consider assuming LCP administration there are several courses of action possible: 1. Adopt the current LCP ordinance and regulations first and later request amendments. 2. Request the Coastal Commission to amend the LCP first and then adopt amended regulations. Mayor and City Council September 27, 1984 Page 4 3. Wait until Sammis and Hunt lands are annexed to Carlsbad LCP before assuming jurisdiction. 4. Wait until review of Land Use Element of General Plan is completed. If the decision is to commence action to assume jurisdiction it will require staff to prepare enabling ordinances and to schedule hearings before the City Council and Coastal Commission. A report will be filed later indicating the need for additional planning staff to handle this increased workload. There is a likelihood that State funds may be available to pay for some of these costs. FRANK ALESHIRE City Manager FA:b Attachments: Exhibit A • Exhibit B • Exhibit C • Exhibit D • Exhibit E • Exhibit E2 Exhibit F Exhibit G • Exhibit H • - Mello I - City Attorney Memo (9/15/80) - Mello I - Planning Department Memo (9/15/80) - Mello I - Council Minutes (9/16/80) - Mello I - Mayor letter (9/24/80) - Mello II - Planning Director letter (5/29/81) - Mello II - Mayor comments to Coastal Commission (5/21/81) - Mello II - Council Agenda Bill (6/9/81) - Agricultural Program Council Agenda Bill (12/15/81) - Carlsbad LCP - Mayor letter (12/29/81) 7 MEMORANDUM DATE: September 15, 1980 TO: City Manager FROM: City Attorney SUBJECT: LOCAL COASTAL PROGRAM FOR HELLO BILL FROPERTIESQl } After reviewing the Coastal Staff recommendation and proposed findings for this City of Carlsbad Mello Bill properties, we have determined that the legal considerations remain substantially the same as when the local coastal program was submitted to the Regional Commission, i.e., provision of low and moderate income housing in a manner inconsistent with the City's housing element, permanent preservation of agricultural land, transfer of development rights and insuring that the owner of each parcel of property within the coastal zone is allowed a reasonable economic use. Comments on this LCP should indicate why the Coastal Commission plans will not work and should also provide an alternative which meets the mandates of the Act. Additionally, our criticisms should be tied to one or more of the following requirements of the Mello Bill: "(1) Protection of agricultural lands and uses to the extent feasible. (2) Minimization of adverse impacts from sedimentation. (3) Protection of feasible public recreational opportunities. (4) Provision for economically feasible development con- sistent with the three elements specified in this subdivision." Concerning the first issue, the state staff report continues to require mandatory inclusionary zoning within the coastal zone in a manner which is inconsistent with the City's housing element. The City's past contention has been that the housing crisis ought to be solved on a city-wide basis pursuant to the housing element and that the policies, standards and goals of the City's housing element should be applied to the coastal zone. Apparently this contention has remained unchanged. However, presently the City dees not have a housing element which maets all state mandates. While revision is occurring, it may be difficult within the time allotted for approval of the LCP for the Mello Bill properties to adopt an adequate housing element. For this reason, perhaps we should suggest to the Commission that the housing program suggested by the state staff report be included until that time in which the City adopts the new housing element for the entire city at which time the goals, standards and policies of the City's housing element would apply City Manager -2- September 15, 1980 to .new residential development in the coastal zone. At that time the conditions for mandatory inclusionary zoning and the housing program stated in the local coastal program would no longer be applicable. We should suggest that language be included in the LCP which would do this automatically without the need for further amendment. Such a suggestion would allow the Coastal Commission to insure that its housing policies are met until the City adopts an adequate housing element. When the new housing element.is adopted, the goals, standards and policies of the City's housing element would be applied to the coastal zone consistent with Section 30213 of the Public Resources Code. Legal challenge to the housing requirments is also a reasonable choice. Regarding agricultural preservation, the state staff is recommending that the transfer development rights or-agricultural subsidy credit program not be applied'to the Hello Bill property. However, it is clear from the suggested findings that the state staff does not intend to preclude the inclusion of the Mello Bill properties in an agricultural subsidy program which would be applied to the entire coastal zone under the LCP to be adopted on July 1, 1981. If that agricultural subsidy program is, in effect, a transfer development rights program, or requires a developer to subsidize other agricultural land before he can develop, significant legal . problems arise. First, general law cities are not now authorized by the state to engage in transfer development rights programs. Second, subsidization programs may run a foul of the special tax limitiations imposed by the constitution. Instead of providing for permanent agricultural use as suggested by the staff report or one of the two other agricultural programs, the City ought to suggest that an extensive agricultural protection program be developed for property within the coastal zone. This program would protect agricultural land unless it was shown, based on certain standards and criteria, that either the land was no longer feasible as agricultural land or that adverse effects of conversion of the agricultural land would be mitigated to certain standards. If this were integrated with an agricultural protection program on a city-wide basis, it may be possible to allow conversion of agricultural land within the coastal zone provided that agricultural land outside of the coastal zone but within-the city was protected. The City must understand that the Coastal Commission is extremely concerned about the protection of coastal agricultural lands, particularly given the mandates of Sections 30241 and 30242. Those sections require that agricultural land be protected within the coastal zone. Specific reference to protection of agricultural land and uses is also made in the Mello Bill itself (Section 30170(f)). If the City intends to attack the feasibility of agricultural use, significant factual analysis will have to be made which prove the feasibility. City Manager -3- September 15, 1980 Certain of the grading restrictions which we previously objected to have been modified. However, within the Rancho La Costa area the density potential based on ranges of slope steepness is difficult to interpret and implement. Also, it appears there is a possiblity that the developer would not be able to realize the full development potential on the slope area and may only be able to develop up to one half of the development potential on the property. It does appear, however, that the Coastal Commission staff is attempting to utilize the procedure we discussed when we met with them concerning development on slope areas if adequate mitigation measures were provided. Notwithstanding this attempt, development is generally prohibited on slopes greater than 20% without factual justification. The City should recommend use of both a mitigation technique utilizing existing or future City ordinances, and perhaps prohibition, if mitigation of adverse effects is not possible. As a general comment, the staff report is in many areas vague and ambiguous. Sentences are susceptible sometimes to two or more reasonable interpretations and there are a variety of inconsistencies in the plan. We'll be meeting with a legal representative from the State Coastal Commission on Tuesday, -September 16, 1980, to go over these inconsistencies and problems. In addition, the implementing ordinances have not been provided. The lawyer for the Coastal Commission indicated that those ordinances would be provided to us prior to our September 16th meeting. We will be conveying to the legal representatives for the Commission our specific legal concerns on specific portions of the implementing ordinances and the land use plan at that time. Concerning the Occidental Land Company property, inconsistent provisions for development are provided in the staff report. If each parcel of land is developed separately, severe restrictions are placed on the land and the development potential is severely restricted. Agricultural land, however, is protected under that development scenario. It may be under that development scenario that a reasonable return on the property may not be possible. If this is so, the City would have difficulty in implementing that particular development scheme. Under the other development scenario, increases in development potential are allowed provided that the property develops as one complete unit. Permanent agricultural land must be provided under the second scenaro as well. As long as under both scenarios each individual legal parcel is afforded a reasonable return to the property owner, development restrictions under the coastal zone would probably withstand constitutional scrunity. In order to attack the Commission's proposed findings on this issue, evidence of the proposal's unworkability will need to be provided. City Manager -4- September 15, 1980 There are significant legal questions revolving around the imple- mentation of this local coastal program. We have had discussions with the Coastal staff and they indicate that it is their opinion that once the Commission adopts the land use plan and the.ordinance they will continue to issue developmental permits pursuant to the adopted LCP until such time as the City approves by resolution in a ministerial capacity the plan, the implementing ordinances and the procedural documents. It is our opinion that upon the effective date of adoption of all the implementing ordinances by the Coastal Commission, that under Section 30519 of the code, the Regional Commission would lose its power to issue coastal develop- ment permits. , This is assuming that the. procecural ordinances are adopted either by the Commission or by the City. We have also discussed other legal issues such as the right to referendum and due process with the Coastal staff. These are legal issues over which the Commission really has no authority and may have to be resolved in litigation subsequent to the enactment of the local coastal program by the Coastal Commission. A further report on the outcome of our meeting with the Coastal Commission's attorneys will be forthcoming after the September 16th meeting. We will attempt to have comments for you so that they can be presented to the Council that evening. One final note, we have reviewed the comments on the Mello Bill properties provided by the Planning Department. These comments are an accurate reflection of the effect of the proposal and the City's contentions. From an advocacy stand- point, however, simply declaring that certain actions are arbitrary, unnecessary, or contrary to past City policy may not be adequate. Obviously the Commission does not think that the actions are any of those things except, perhaps, contrary to City policy. If the City's goal is to set up a good case against the Commission, we will need to at sometime present a good factual and policy statement why we can't or shouldn't do what the Commission requires. If the City cannot show that the City's proposals meet the requirements of the Coastal Act policies and mandates as v;ell or better than the Commission's proposals, or at least cannot present a reasonable argument that they do, or next best, hope for challenge may be on legal grounds against the implementation process. Those strategies will have to be developed later. If we'can of further assistance, please let us know. VINCENT F. BIONDO, JR., City Attorney DANIETJ S. HENTSCHKE, Assistant City Attorney DSJI/mla cc: Tom Hageman DATE: September 15, 193*0 TO: Frank Aleshire, City Manager FROM: Planning Department SUBJECT: MELLO BILL LOCAL COASTAL PROGRAM The following summarizes the major issues of the State Coastal Commission staff recommendation regarding the Mello Bill Properties Local Coastal Program. 1. Standard Pacific (83 acres) Current Zoning: RD-M (Multiple Zone) Current General Plan: Medium Density (4-10) A. Land Use: Residential, maximum 7 du/acre. Poinsettia Lane may be extended to eastern edge of property. B. Buffers Open Space: Minimum 15't of gross acreage irf~open s p a ce~a~d~ya cent to north end east boundaries to provide buffer zones. Buffers may include roadways, and sha]] generally be 500' on north., and 100' on eastern boundary. C. Drainagc, Erosion: Site specific report required. ATIImprovements noted in Carlsbad Master Drainage Plan shall be fully improved between property and Batiquitos Lagoon (i.e., storm drain) prior to initial grading. Housing: Mandatory inclusionory, 251 affordable wltTE2~S% density bonus. (Comments: Allowable density closely approximates curient genera] plan and zoning. Requirements for buffer areas may require new site plan and tentative tract map for property. Off-site drainage requirements.wil1 be costly to developer, and it may be difficult to form an assessment district to spread costs among effected properties. Housing requirements are counter to stated city policy, and make no allowance for city's Housing Element. 2. Occidental (143 acres) Current Zoning: C-2/P-C Current General Plan: R-C, "C, T-S/ Medium Density (4-10 du) A- Land Use: Designated Planned Agricultural Development. Two d e v e 1 opment scenarios are recommended. The first is allowable if the five parcels are developed separately, the second if the parcels are developed under a single master plan. 1. Separate Parcel Development: Parcel with soils classifTe~cT Class I to IV can be developed at 1 du per 10 acres, provided development is "clustered on lots adjacent to existing roads of no greater than one acre." All remaining agricultural lands shall be permanently protected by agricultural conservation easement. Parcels with soils of Class YI+ can be developed at 2 du/acre, clustered to provide minimum 300' buffers adjacent to agriculture, and remaining agriculture lands shall be covered by conservation easement s. 2. 'PIanned Agricultural Zone: If all parcels are "cfeVeTo7~e~cT"un"d"e~r one "master plan, the following may occur: Residential uses on Class YI+ soils at 4 du/acre, using RD-M standards. Commercial uses on two parcels south of Poinsettia, provided 35% of land is exclusively tourist commercial. Exclusive Agriculture under conservation easement for 2 parcels north of Poinsettia and adjacent to 1-5. B. Housing: Mandatory inclusionary if development of eastern most parcel at 4 du/acre occurs at 251 affordable with 25% density bonus. C. Erosion, Drainage: Site specific report required. All mitfigation measures and Carlsbad Drainage Plan improvements between property and Batiquitos Lagoon must be installed prior to grading. Comments: Recommended land uses for most of property are inconsistent with city zoning/general plan. Maximum residential development (approximately: 100 units + affordable) will require new site plnn and tentative -2-1.3 tract map for property, and is proposed to occur on land currently designated for city park/school site. Coastal staff proposes undefined development mechanisms (i.e., agricultural conservation casement and planned agricultural zone). These may be difficult to administer and implement. Affordable housing recommendations and permanent agriculture designation are counter to stated city policy. 3. Rancho La Costa (774 acres) Current Zoning: Planned Community (P-C) Curent General Plan: Low-Medium Density (0-4 du/acre) A. Land Use : Maximum residential development to be computed as follows: 1. Agricultural land shall result in an allowable development intensity of 1 dwelling unit per ten . acres; . 2. All slopes greater than 25 percent shall result in an allowable development intensity of 1 dwelling unit per ten acres; 3. All slopes greater than 20 percent but less than 25 percent shall result in a development intensity of 1 dwelling unit por five acres; 4. All slopes greater than 15 percent but less than 20 • percent shall result in a development intensity of 1 dwelling unit per acre. 5. All slopes greater than 10 percent but less than 15 percent shall result in a development intensity of 2 dwelling units per acre; 6. All areas with a slope of less than 10 percent shall result in a development intensity of 6 units per acre. Development shall use city's planned community zone standards. "As a condition of approval of any master plan the city shall require that ... Class I - IV soils ... no more than 200 acres.... shall be permanently restricted by agricultural use." B. Drain a g e , F. r o s i on No grading or structures on slopes of 20%+, or highly erodable soil slopes of ]0? 0+. Exceptions for critical road access only. -s- All appropriate on/off site drainage devices shall be installed prior to grading. All undeveloped slopes shall be placed in open space easements. Modifications of criteria shall be allowed if application results in less than, (but not to exceed) 1/2 of allowable density. Site specific report required. C. Housing mandatory inclusionary of 15% affordable with 251 (Tensity bonus. ^• Buffers/Open Space: Buffer areas on at least 100' sTdj'acent~tc> agriculture, protected through conservation easements. • Comments: The slope/density formula is complex and prohibitive. Coastal staff recommends that the city require permanent agricultural preservation as condition of master plan approval, counter to city policy. Staff seems to state that not more than 50% of the allowable density may occur; this appears to be highly ambiguous. Agricultural conservation mechanism is undefined, and may be difficult to administer. Affordable housing recommendations are counter to city policy. PT:ar 9/15/80 •\ 1 jiiiMiMl^liL:^!-^ I Bin, oH PM Iin U)8 oi Cttp ot (usristiaa Page 11 COUNCIL September 16, 1980 307 (77) Council recognized Dave Walton of Del Mar. Mr. Walton explained the urgency of his request for approval in advance of the next meeting was due to the fact that his construction loan was scheduled to be funded on the following day. Coundil directed this item added to this Agenda. Council approved the final map of Carlsbad Tract 79-8. COUNCIL REPORTS JAC Council Member Casler indicated she would be meeting with the Vista Sanitation District representative to discuss JAC reorganization. Perks & Recreation Commission Motion Ayes Motion Ayes Council Member Lewis indicated the Commission •was desirious of guidance from Council relative to development of Calavera Lake. It was the consensus of Council that Council Member Lewis respond to the Parks & Recreation Commission that the development of Calavera Lake will be considered by the consultant retained to perform the Parks & Recreation Element of the General Plan. Council policy on the development of Calavera Lake will be determined following completion of the consultant's report and recommendations. Legislation/Replenishment of Beaches Mayor Packard referenced a communication from representative Clair Burgener relative to clarification of Council understanding of the purpose of funds granted to Oceanside for restoration of their beaches. Mayor Packard indicated it was the also the City's under- standing that the funds granted to Oceanside not be used as part of -any project to remedy erosion problems. Council expressed appreciation that Mr. Burgener recognized and understood the purpose and intent of the funds. State Coastal Commission Hearing on Mello Bill Properties. Mayor Packard explained the State Commission would be meeting on Thursday, September 18, 1980 <,and it was urgent that Council take an officic'il ' position . Council directed this matter placed on this Agenda. Hold on Ayes X X X _ dtp ot <Lansuau Page 12 September 16, 1980 308 Mayor Packard referenced the September 15, 1980 Memorandums from the City Attorney and the Planning Department to the City Manager, which articulated concerns as to the Local Coastal Plan for the Mello Bill Properties. Additionall a Resolution has been prepared to present concer to the Sta.te legislature. Mayor Packard noted that while the City may not approve or disapprov the plan, it is important that Council opposi- tion go on record. Council adopted the following Resolution: RESOLUTION NO. 6306, URGING LEGIS- LATURE TO PROVIDE BY STATUTE THAT THE- LOCAL HOUSING ELEMENT FULFILLS THE MANDATE OF THE COASTAL ACT TO PROVIDE LOW AND MODERATE IK COME . HOUSING OPPORTUNITIES. Council also approved the September 15, 1980 .Memorandums from the City Attorney and the Planning Department to the City Manager, as articulating the official policy of the City with regard to the LCP for the Mello Bill Properties, and directed the Mayor to convey the same on Thursday, September 15, 1980. ADJOURNMENT By proper motion, Council adjourned at 10:24 P.M. to Tuesday, September 23, 1980 at 7:00 P . K . for a Work Study Meeting in the Council Chambers, 1200 Elm Avenue, Carlsbad. Respectfully submitted, Motion Ayes Motion Ayes X }X X X X ALETHA L. RAUTENKRANZ , City Clerk Anita D. Murphy, Recording Secretary IA1M-0 t 438-5563 ""w \'?f*WfPf iVA.««'*Ji«y.>/Office of ttic Mayor Clip of €&tis&ab September 24, 1980 Commissioners ' CALIFORNIA COASTAL COMMISSION 631 Howard Street San Francisco, CA 94105 Dear Commissioners: Becaxise of the significant objections which the City continues to have regarding the Local Coastal Program for the "Mello Bill" properties, the City Council has determined that it does not intend to participate in the implementation of the plan. In the City's opinion, the LCP does not meet the mandates of Section 30170(f) or the policies of the Coastal Act and does not reflect the needs of the City or its residents. Many of our expressed concerns have fallen on deaf ears. The Commis- sion's response, that we may seek change through the amend- ment process, is both inadequate and unrealistic. Because the adoption of this program will undoubtedly set a precedent for the Local Coastal Program for the remainder of the City of Carlsbad, I would again like to renew our concerns. First, the City Council believes that the provisions for mandatory inclusionary zoning for low and moderate income housing within the coastal zone, without regard to the provisions of the City's Housing Element, is contrary to the express language of Section 30213 of the Resources Code which states: "New housing in the coastal zone shall be developed in conformity with the standards, policies and goals of local housing elements adopted in accordance with requirements of Subdivision(c) of Section 65302 of the Government Code." The City Council of the City of Carlsbad has accepted the responsibility to provide housing opportunities within the entire City of Carlsbad for all economic sectors of the community. The Commission's mandate for inclusionary zoning within the coastal zone disrupts overall City policies and Commissioners -2- September 24, 1980 ignores the demographic, economic and social realities of the City of Carlsbad. Because the standards, goals, and policies .of local housing elements apply to the entire City, including the coastal zone, the Council believes it is,more appropriate to deal with the housing crisis on a city-wide basis. Because most of the residential areas of the City of Carlsbad are with- in five miles of the coast, and readily accessible through convenient public and private transportation, the Commission's mandatory inclusionary zoning for low and moderate income housing cannot be justified under the goal of obtaining access to Carlsbad's coastal resources. The second major area of concern to the City of Carlsbad is the permanent agricultural zoning which the Commission has imposed. The City believes that permanent agricultural restrictions for the properties involved are not supported by the economic data. The City Council recognizes agriculture as an important industry and resource in the City of Carlsbad and has begun to adopt pro- grams which will protect the economic feasibility of agriculture in the City for as long as possible. However, the City Council realistically recognizes that there comes a time when no economic return can be made through agriculture. Permanent agricultural protection prohibits the conversion of the land to a different use. If government demands that the property be maintained in a' use which is not economically productive, inverse cond^;nnation may result. The City of Carlsbad does not wish to be placed in that position at this time. The City recognizes that protection of coastal agricultural lands, particularly given the mandates of Sections 30241 and 30242, is-an important policy of the Coastal Commission. However, the City believes that this protection can be better achieved through methods other than permanent agricultural use restrictions. The evidence presented at the Commission's own public hearing supports the City's proposition. Finally, the City has significant concerns over the grading restrictions imposed by the Local Coastal Program for the Mello Bill properties. The development restrictions based on slope, particularly those applied to the Rancho La Costa properties, clearly indicate that the Commission is not concerned with the protection of the environment but is rather imposing severe developmental restrictions based on an arbitrary standard. The City desires to protect its significant coastal resources', including the lagoons, but believes that goal can be accomplished through the use of strict grading standards, mitigation techniques and other requirements rather than simply resorting to a ban on development. c Commissioners - • -3- *• September 24, 1980 Many of the resources sought to be protected by the Coastal Act exist in the City of Carlsbad. These resources are among the assets which make Carlsbad unique among California coastal cities. The City Council desires to protect these resources according to the policies of the Coastal Act, but in many respects has been given a "Hobson's" choice in the LCP for the Mello Bill properties. To accept the plan and ordinances as adopted by the Commission would be to subject our City to liability, necessitate programs for which we lack legal authority and require that we act contrary to what we believe is best for the City of Carlsbad. If we fail to adopt them, it appears the requirements will be imposed upon us by a continuation of the permit process. At this time we choose the latter course and advise the Commission that the City does not intend to implement the provisions of the Local Coastal Program or the zoning ordinances as presently proposed for the Mello Bill properties. If the Commission persists in this exercise of State land"use control, you should do so with the knowledge that you will be responsible for the implementation and administration of the plan. . • .•.,.. -.: . -...-.. ..• .., • •• .-... . . .. .• . ., ...... .. ,-.-'. ..... Very "truly yours, n A/' x< - RONALD C. PACKARD Mayor JXCP/DSH/mla cc: Assemblyman Robert C. Frazee DEVELOPMENTAL SERVICES D Assistant City Manager (714) 438-5596 D Building Department (714) 438-5525 Q Engineering Department (714) 438-5541 D Housing & Redevelopment Department (714)438-5611 (if Planning Department (714) 438-5591 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 Citp of Cartebab May 29, 1981 Michael Fischer, Executive Director California State Coastal Commission 631 Howard Street San Francisco, CA 94105 SUBJECT: Carlsbad Local Coastal Plan Dear Mr. fisher, Included herewith is a brief city staff analysis of the city's major concerns and objections with the recommendations of the state commission s1;aff regarding the Carlsbad Local Coastal Plan. On May 26, the Carlsbad City Council took action reaffirming the advisory findings of the San Diego Regional Commission. Once again, we urge the Commission to support the findings of the Regional Commission, and to' adopt the Local Coastal Plan supported by the Carlsbad City Council. If I me. can be "of further assistance in this regard, please contact Very ames C. Hagaman Planning Director JCH:PT:rh Attachment MEMORANDUM DATE: May 28, 1981 TO: Frank Aleshire, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: Summary of Major Objections/Concerns with State Commission Staff Recommendations for Carlsbad Local Coastal Program The following outlines the city staff analysis of the major objections/concerns with the state commission staff recommendations for the Carlsbad LCP. 1. Agricul ture. State recommends agricultural subsidy program administered by coastal conservancy, allowing land along 1-5 to convert by paying subsidy fee ($24,000/acre) , and requiring areas between Palomar Airport Road and Batiquitos Lagoon to remain in permanent agriculture. Include review of program by state commission on annual basis. 2. Cannon Road State staff has deleted all reference to' Cannon Road from the Carlsbad LCP. 3. Macario Park State staff makes no direct reference to Macario Park, designates park site as mixed agriculture/residential use; allows for park development at "future, undetermined site", recommends residential use for General Plan non-residential reserve area impacted by airport influence/crash zone. (Policy 64) 4. Kelly Point Area recommends Rancho La Costa "sliding density scale" for Kelly point area, (policy 3.5) 5. Land Use Map State staff has not included a revi sed land use map with staff report. Toups land use map contains numerous errors and ommissions. 6. Grading Ordi nance recommends amending municipal grading ordinance (policy 4-12) 7. Buena Vista Lagoon recommends down-zoning all vac ant B.uena Vista La goon lots (including Point San Malo) from 10-20 du/acre to 0-4 du/acre. (policy 3.2) 8* Mello Bil1 recommends increasing density of Occidental parcels (Hello Bill LCP) to 12 du/acre for participation in Agriculture Subsidy program. Recommended density exceeds existing general plan, is not consistent with general plan density range concept. Mello Bill properties are not appropriate for inclusion in Carlsbad LCP. 9. Encina Fishing Area/Beaches included in staff recommendations;should be deleted, these lands are in the Aqua Hedionda Specific Plan Area, (policy 6.3) 10. Condo Conversions prohibit condo conversion where majority of displacees are "low/moderate income"; re-quire 30% mandatory . i ncl usi on where conversion is approved, (policy 9-3) 11. Affordable Housing mandatory inclusionary zoning of 25%. (policy 9.9) 12. Agricultural Buffers requires minimum 100'-300' buffer between agriculture and new development, (policy 24) JCH:PT:rh -2- MEMORANDUM DATE: May 26, 1981 TO: Frank Aleshlre, City Manager FROM: James C. Hagaman, Planning Director SUBJECT: Summary of Major Policy Changes in Carlsbad LCP State Staff Report The following highlights the major policy revisions to the Regional Commission approved Carlsbad LCP, as proposed in the State Commission Staff Report. (p2-16) 1. Agriculture State recommends agricultural subsidy program administered by coastal conservancy, allowing land along 1-5 to convert by paying subsidy fee ($24,000/acre), and requiring areas between Palomar Airport Road and Batiquitos Lagoon to remain in permanent agriculture. Include review of program by state commission on annual basis. (p 23) 2. Cannon Road .State staff has deleted all reference to Cannon Road from the Carlsbad LCP. (p 24) 3. Macarip Park State staff makes no direct reference to Macario Park, designates park site as mixed agriculture/residential use; allows for park development at "future, undetermined site." (policy 64) (p 18) 4. Kelly Point Area recommends Rancho La Costa "sliding density scale" for Kelly point area, (policy 3.5) (p 16 & 5. Steep Slope prohibits development on 25% + p 20) slope; allow up to 1 du/ac credit, (policy 3-1, 4.7) (p 21) 6. Grading Ordinance recommends amending municipal grading ordinance (policy 4-12) (p 16) 7. Buena Vista Lagoon recommends down-zoning all vacant Buena Vista Lagoon lots (including Point San Malo) from 10-20 du/acre to 0-4 du/acre. (policy 3.2) (p 7) 8. Mello Bill recommends increasing density of Occidental parcels. (Mello Bill LCP) to 12 du/acre for participation in Agriculture Subsidy program. (p 24) 9. Encina Fishing Area/Beaches included in staff recommendations;should be deleted, these lands are in the Aqua Hedionda Specific Plan Area, (policy 6.3) (p 31) 10. Condq Conversions prohibit condo conversion where majority of displacees are "low/moderate income"; require 30% mandantory inclusion where conversion is approved, (policy 9-3) (p 32) 11. Affordable Housing mandatory inclusionary zoning of 25%. (policy 9.9) (p 14) 12. Agricultural Buffers requires minimum 100'-300' buffer between agriculture and new development, (policy 24) JCH:PT;rh -2- VICE MAYOR'S COMMENTS TO STATE COASTAL COMMISSION 5/21/81 RE: CARLSBAD LOCAL COASTAL PROGRAM MELLO JT Chairman Grote and Members of the Commission: I am Mary Casler, Vice Mayor of Carlsbad and speak on behalf of the Mayor and the City Council. This LCP as presented to you is heavily padded. Of the 79 policies it contains, 34 are already in effect in the city. Several more refer to state lands and there are 2 very obvious errors. We have reviewed the staff recommendations for the Carlsbad LCP with deep disappointment, especially in the area of agriculture. Your staff has not moved from its stance taken in January. The staff has ignored the advisory approval of the Regional Commission, which heard the city's LCP and passed it unanimously. The staff has discarded the findings of the Regional Commission. The staff has repudiated the input of the city of Carlsbad. Your staff has ignored the soil classifications of the agricultural lands. They are recommending land stay in agriculture which is the poorest in the city. Land recommended for development is the best soil. I can only conclude that the staff has tilted the scales in favor of the large landowners of the "Mello 1" properties who can well afford to purchase development rights from our smaller farmers and leave them up the creek in years to come when their soil is no longer productive. We ask a return to the "mixed use" concept as approved by the Regional Commission. It will work and it will preserve agriculture. In housing, we ask you to accept the city of Carlsbad's Housing Element. We are making very satisfactory progress in its implementation. Last Tuesday we approved a development of 82 units to be sold between 60-80 thousand dollars (very low for San Diego County) and we included a provision that the owner must live in his unit for a year, in order to discourage speculation. We do have subsidized housing now and an additional project is before the Planning Commission to add another 40 units for seniors. We are providing "our fair share" but we are doing it near stores and bus lines - not in the hinterlands which the coastal zone encompasses. We consider this an unworkable plan. We request you ask your staff for an evaluation of the alternative as presented by the city and we ask you Commissioners to consider it carefully. We feel it is a plan which fulfills the objectives of the Coastal Act and will be one of which we can all be proud. AGENDA BILL INITIAL: TH:LS AGENDA BILL NO: 6 fr 3 7 DEPT. HD. DATE: _ JUNE 9. 1981 _ CTY. ATTY. V/~/3 DEPARTMENT: _ PLANNING DEPARTMENT _ CTY. MGR.v^7 SUBJECT: CARLSBAD (MELLO BILL II) LOCAL COASTAL PROGRAM (LCP) IMPLEMENTING ORDINANCES STATEMENT OF THE MATTER: On June 16, 17, or 18 the State Coastal Commission plans to take action on the subject implementing ordinances. Adoption will create a "certified" LCP. The action will take place under a similar process to the one taken in the Mello Bill I LCP in October 1980. The Carlsbad LCP implementing ordinances are designed to carry out the Land Use Plan portion of the LCP. The State Coastal Commission adopted a land use plan recommended by their staff over the objections of the city on June 3, 1981. Because planning staff is strongly opposed to the Land Use Plan adopted by the State Coastal Commission, we cannot support the accompanying implementing ordi- nances. We also concur with the City Attorney's opinion and recommendation re- garding the ordinances. The City Attorney, in correspondence to the Planning Director, states: "As you are well aware, the position of this office is that a number of the programs specified in the Local Coastal Plan are legally suspect. Likewise, the ordinances implementing those portions of the plan are suspect...We could not recommend to the City Council that they take any steps to imple- ment the ordinances as they are presently drafted...If the Coastal Commis- sion adopts its staff recommendation, the posture that we would recommend on the Mello Bill II properties would be the same that we have taken on the Mello Bill I properties. That is, the State has instituted state land use planning for the coastal zone in the City of Carlsbad and that because the program is contrary to the best interests of Carlsbad, this city will not go along with the program...Of course, this results in a two-step process for developers, but that process is unavoidable given the respective positions of the City Council and the State Coastal Commission." FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: None. RECOMMENDATION Direct staff to prepare a letter for the Mayor's signature stating that the city disagrees with the recommended implementing ordinances and will not participate in carrying them out if adopted by the State Coastal Commission. This letter would be forwarded to the State Coastal Commission prior to the final vote hear- ing on June 16, 17 or 18. ATTACHMENTS 1. Letter from Mayor Packard to State Coastal Commission, dated May 28, 1981. 2. Letter from Mayor Packard to State Coastal Commission regarding non-partici- pation in Mello Bill I implementation, dated September 24, 1980. 3. A copy of the implementing ordinances are available for review in the Plan- ning Department. APPROVED EXHIBIT F 1200 ELM AVENUE CARLSBAD. CALIFORNIA 92008 Office of the Mayor TELEPHONE: (714)729-1181 Cttp of Cartebafc May28, 1981 California State Coastal Commission Lenard Grote, Chairman 631 Howard Street San Francisco, CA 94105 Dear Commissioner Grote, On May 26, 1981, the Carlsbad City Council reviewed the recommendations of the State Commission staff regarding the Carlsbad Local Coastal Plan, and considered the procedural aspects of the certification process. The City Council took action strongly reaffirming our position as presented to the San Diego Regional Commission, and to support the advisory findings of that body. I strongly urge you to consider the city's position as approved by the Regional Commission. Vie believe that this plan represents a viable program which meets the requirements of the Coastal Act, protects sensitive environmental and coastal resources, and balances the need to protect resources of statewide and local significance while recognizing the validity of local participation in the planning process. In regards 'to the Stafte Commission staff recommendations, I must, strongly object to the programs proposed by your staff. The city has serious reservations regarding the feasibility of implement- ing your staff's proposals, particularly regarding agriculture and housing. We feel that the policy program proposed by state staff is confusing and unwieldy, and recognizes neither the city's existing general plan nor the program recommended by your own consultant PRC Toups: In view of these reservations, it would be impossible for the city to participate in an LCP as drafted by the State Commission staff. • In summary, 1 again urge your support for the Toups plan as modified by the San Diego Regional Commission and hope that this will allow us to move forward in adopting and implementing a Local Coastal Program sensitive to the needs of both the city of Carlsbad and the state of California. Very truly yours, Mayor Ronald C. Packard RCP:PT:rh cc: Planning Director City Attorney '"-i Ron Beckman city Council CITY^-- CARLSBAD — AGENDA >. LL AR# £77O- */ MTR 12/15/81 npp-r PL TITLE: TTPTWFF PN RPPTrTTTTITRAT PRF^FPVATTnN PROGRAMS IN THE COASTAL ZONE. DEPT. HD. -l^// CITY ATTY\/^% CITY MfSR: -^^ X o i RECOMMENDED ACTION: It is recommended that the Council direct staff to discontinue work on a substitute agricultural plan. ITEM EXPLANATION On October 13, 1981 staff and the Agricultural Advisory Committee made a recommendation to the City Council proposing an alternative to the Coastal Commission agricultural subsidy credits program. The City Council did not react altogether favorably to the proposal and suggested that staff modify the program. In addition, Council directed staff to meet with the Coastal Commission staff to explore the possibility of substituting a program designed by the city for the current LCP subsidy plan. City staff met with the Coastal Commission staff on November 18, 1981. The Coastal staff indicated substitution was possible, however, they presented specific criteria that must be met in a city program. The attached report addresses some of the pros and cons of the two apparent choices which are: 1. Pursue a substitute. 2. Allow the existing program to remain in effect. Staff is concerned that the costs of pursuing an alternate program will potentially outweigh the results. FISCAL IMPACT Option 1; Pursue substitute agricultural program: Staff Associate Planner Principal Planner Planning Director Time 1/2 -1/4 As necessary Length of Study 1 Months 1 Months 7 Months Approximately 5 City Council hearings. Option 2; Allow the existing program to remain in effect; no cost. ATTACHMENTS A. Exhibit 1, Discussion EXW8IT6 MEMORANDUM DATE: December 7, 1981 TO: Frank Aleshire, City Manager FROM: James Hagaman, Planning Director SUBJECT: DISCUSSION REGARDING SUBSTITUTION OF A CITY AGRICULTURAL PRESERVATION PROGRAM FOR THE CURRENT LCP PROGRAM. At the City Council meeting of October 13, 1981, the Council ex- pressed some concern regarding a proposed city wide agricultural preservation program. They directed staff to concentrate only on the coastal zone and to pursue agricultural preservation only as a possible substitute for the current LCP subsidy program. Potential changes in the program suggested by Council were the following: 1. Make the program less restrictive on identified agricultural land in the long term (explore using only zoning as an approach). 2. Address what would occur on agricultural lands after pro- duction died out. 3. Investigate making the program totally voluntary. In addition, Council directed staff to meet with the coastal staff to discuss the possibility of substituting a city program for the LCP program. City staff met with the coastal staff on November 18, 1981. A number of conclusions were reached, they were: 1. The coastal staff indicated that they would consider a "mixed use" (in which a portion of a developed site would be re- tained in agriculture) substitute for the LCP subsidy pro- gram. 2. They would not consider the program as presented to the Coun- cil on October 13, or a program modified in the manner sugge- sted by Council to city staff. 3. A substitute program must contain the following components at a minimum: a) It must cover all lands identified in the LCP as agricul- tural (see attachment 1). No soil type criteria may be used to identify agricultural land. b) Any substitute program must preserve at least the same amount of acres of agricultural land as the LCP program (about 1100 acres; the plan presented to Council on Oc- tober 13 would preserve about 400 acres by mixed use). c) The program must be mandatory and binding on all affected property. d) The program must incorporate land use control more bind- ing than zoning, although zoning could be used in some areas. The binding method suggested by coastal staff was an open space easement in perpetuity. Subsequent to the November 18th meeting the city staff was in- formed by the Commission staff that if the city wished to propose a substitute they would have to do so prior to January 1, 1982. They indicated a possible extension if this deadline could be granted up to 6 months. The LCP subsidy program is scheduled to begin operation on January 1, 1982. Given the circumstances, there appears to be two alternatives; continue pursuing a substitute program (based on the Commission's "minimum" requirements,) or allow the existing LCP program to re- main in effect indefinitely. There are positive and negative aspects to the apparent choices, they are: Pursue Substitute Program PROS: a) Provide a more equitable approach to agricultural preser- vation. b) Resolve one of the major conflicts in the LCP disa- greement between Carlsbad and the Coastal Commission. c) Eliminate the subsidy payment scheme which is complex and unique to Carlsbad's LCP. CONS: a) May never be agreed to by the Commission. For example, some conflicts in the Agua Hedionda LCP have not yet been resolved, although negotiations have been going on since 1978. b) May be difficult to acquire support from all affected property onwers. Some property owners are already com- mitted to the Coastal Commission's subsidy plan. -2- c) New land use restrictions would be imposed by the city. d) May force the Council into a position of enforcing a pro- gram in which, under normal circumstances, they would not participate. Do Not Pursue a Substitute Program PROS: a) No commitment of staff or City Council time (including program preparation and continuing administration). b) Clearly maintains identification of the Coastal Com- mission's LCP as the "problem document" (this would be important in the case of litigation). c) Does not draw the city into the debate between property owners and the Coastal Commission over an issue which is now clearly a Coastal Commission policy. Property owners who felt a change was necessary would be channeled directly to the Coastal Commission for relief. d) No new land use restrictions would be imposed by the city. CONS: a) The subsidy program would continue to be imposed on prop- erty within Carlsbad's current and future areas of juris- diction. b) A major LCP conflict would not be resolved. The choice between the two alternatives is not a clear one in staff's opinion. It is natural to set goals of clearing up con- flicts and to pursue regaining lost land use controls. However, the judgement must also take into consideration the practical side of attainment. It is at this point the details are numerous and cloudy. Staff has two m_ajor concerns, recognizing the substantial amount of time required to attain success. These concerns are primarily based on previous experience in dealing with the Coastal Com- mission. Agua Hedionda LCP contains issues that have placed the city and Coastal Commission in similar negotiating position. Staffs two concerns are: 1. The Coastal Commission may never concede to a substitute for the agricultural subsidy credits program. In effect, the Commission has a very restrictive program ready to go now. Even though it will not take effect until January 1 , they have been negotiating with some property owners for months. -3- Some of these property owners are now committed to the LCP program. Staff does not see the negotiating process as expe- ditious. As a practical matter, the Coastal Commission has all the bargaining chips. They can hold out for the "best" proposal from the city with little lost except time. 2. The concept of agricultural preservation in perpetuity is solely the Coastal Commission's. Within the effected area there are two distinct groups of property owners. The group is polarized on the for and against sides. This is a potentially volatile situation for the city to participate in, particularly when litigation seems almost assured. To attempt to anticipate all the potential consequences of embarking on a negotiating process as briefly outlined above would be impossible. However, given the experience staff has acquired over the years with the Commission, and the primary concerns expressed here, staff cannot justify recommending continued work on a substitute agricultural program. Attachments; Map of agricultural lands TH:ar 12/8/81 -4- 3<t \W"- - - v - "'^"^ ATTACHMENT A AGRICULTURAL LANDS LANDS PRESERVED TO RAY SUBSIDT 1200 ELM AVENUE &*r****ft* TELEPHONE: CARLSBAD, CALIFORNIA 92008 . Fl X^'' Pi (714)438-5561 Office of the Mayor Citp of Cartebab December 29, 1981 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. ^f**" N Grandall 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. Vie 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, RONALD C. PACKARD Mayor RCP:gb cc: City Council City Attorney Planning Director Mike Fisbher Senator William Craven Assemblyman Robert Frazee Paul Eckert, Chairman, Board of Supervisors Dwight Spiers Don Agatep Peter Mackauf A State of California, Edmund G. Btuwn Jr., Governor a.\\ California Coastal Commission San Diego District 6154 Mission Gorge Road, Suite 220 San Diego, California 92120 (714) 280-6092 ATSS 636-5868 /V/V /S / November 12, 1981 Mayor Ron Packard City of Carlsbad 1200 Elm Avenue • Carlsbad, California 92003 ' Subject: Resolution of Differences Concerning the Carlsbad Local Coastal Program Dear Mayor Packard: Last Oune the Coastal Commission certified the local coastal program (LCP) for the City of Carlsbad. It is my understanding that several provisions of the LCP are in a form that is currently unacceptable to the City. I suspect the unacceptable provisions include at least those LCP policies regarding low and moderate income housing and the agricultural subsidy program. With the recent passage of legislation v/hich eliminates the Commission1 ;•••. responsibility for affoxdable housing programs, I have hopes that the Commission and the City can resolve any remaining differences and approve a mutually . acceptable LCP. While the Coar-tal Commission is> committed to preserving the maximum amount of agricultural land feasible within the Carlsbad coastal zone, it .was clear] y, indicated in the LCP that, the Commission was willing to consider alternative approaches other than the agricultural subsidy program in preserving agricultural lands. As the agricultural subsidy program is scheduled to become effective on January 1, 1902 , timing of preparation and adoption of alternative programs is critical. It may be that the Commission rccoiiOT'-nded agricultural subsidy program, or a variation thereof, in conjunction with otl: .V mechanisms for preserving agricultural lands (e.g. mixed us-..-- program, for example) could provide a solution to what I perceive as 'the major remaining "stumbling bl^-k" to completing the certification process for Carlsbad's LCP. . I v.'ould like to offer my assistance resolving, any remaining issues in the Carlsbad LCP. Therefore, please don't hesitate to contact me if yon or your staff have questions or desire a meeting to discuss the matter further- Good luck in your congressional campaign. Sincerely TOM CRANDALL District Director TC;lro cc: .'Jim Ilagrnnan Hob Brown O'lmck Dnmm