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HomeMy WebLinkAbout1985-06-11; City Council; 8206; Hunt Properties/Eastern Batiquitos LagoonOil. OF CARLSBAD — AGENDA BILL AB#_ MTG 6/11/85 DEPT._ TITLE: HUNT PROPERTIES/EASTERN BATIQUITOS LAGOON: A PROPOSED AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) RECOMMENDED ACTION: 1. Establish a six-week review period to begin June 11, 1985 and end at a July 23, 1985 public hearing, during which interested parties may review the proposed LCP amendment. 2. Direct staff to prepare a notice of the availability of the LCP amendment document pursuant to Title 14, section 13515 of the California Administrative Code. ITEM EXPLANATION; The area covered by the proposed LCP amendment includes a portion of the Hunt Properties on the north shore of Batiquitos Lagoon, Green Valley and the lagoon. Also included are public and private holdings in the rest of the eastern lagoon (see Exhibit 2). The entire area was annexed to the City of Carlsbad in February 1985. Because the property was not, until recently, within the City's jurisdiction, the responsibility for LCP preparation rested with the County of San Diego. The annexation has removed the property from County land use jurisdiction. The annexation also effectively removed the property from the County's LCP and thus a hole has been created in the LCP policies for the area. In creating this hole the Coastal Commission has acknowledged the need for the City to submit a replacement LCP segment as an amendment to the larger Carlsbad LCP document. The documents attached to this agenda bill are land use policies and implementing zoning ordinances which constitute an LCP amendment for the? subject properties. The organization for this LCP amendment was configured to "fit" the Carlsbad (Mello I and II area) LCP format. The proposed amendment establishes the general conditions that will aPPly to development in the Coastal Zone. The proposed LCP amendment establishes the Developable Agriculture Zone over both the north shore and Green Valley and provides for the enhancement of the lagoon, based on a plan being prepared by the Coastal Conservancy. In addition, the proposed amendment allots for the property to be developed under a master plan consistent with the Carlsbad. General Plan. The process for the Hunt'LCP amendment will be the same as the Carlsbad (Mello I and II) and Sammis LCP process now under way. The State Administrative Code requires the City to open a six-week review period for all interested parties of the LCP amendment proposal. The Coastal Commission has supplied the City with a' list of interested _ parties which the City has used during all previous amendment review O periods. After the six-v/eek review Council would hold a public hear- tr ing on the proposed amendment. Following the hearing Council would consider adopting a resolution approving the LCP amendment, indicating its intent to implement the LCP if approved by the Coastal Commission, O 3 OO PAGE 2 OF AB # The Hunt LCP amendment is expected to follow the City's current LCP efforts by about three months. Both the Carlsbad and the Sammis Properties LCPs are scheduled for Coastal Com- mission consideration at the July 23-26, 1985 meeting to be held in San Diego. EXHIBITS; 1. Hunt Properties amendment to the Carlsbad Local Coastal Program. 2. Location map. R/AG 5/85 HUNT PROPERTIES/EASTERN BATIQUITOS LAGOON LCP AMENDMENT Exhibit 2 HUNT PROPERTIES Proposed Amendment to the Carlsbad Local Coastal Program June 18, 1985 Exhibit 1 ATTACHMENT C HUNT PROPERTIES LAND USE This attachment amends the Carlsbad Local Coastal Program by including and addressing the Hunt Properties within the City of Carlsbad's coastal zone - outside the Mello I and II areas. The subject geographical area is east of Interstate 5 and generally includes the north shore of the Batiquitos Lagoon, Batiquitos Lagoon and Green Valley. The area was, prior to annexation into the City of Carlsbad in 1984, part of the San Dieguito LCP. A. Land Use Categories Sub-areas: 1. Batiquitos Lagoon north shore area (outside Batiquitos Lagoon wetland) - this area is designated Developable Agriculture Land (DAg). If the property is developed under the DAg conversion provisions set forth in the zoning section of this attachment, a maximum residen- tial density of 2.8 dwelling units per acre may be achieved. Development standards shall be those of the R-l zone with qualified "Q" overlay. 2. Batiquitos Lagoon - the lagoon wetland area is desig- nated Open Space (0-S). Any restoration enhancement and preservation of the lagoon shall be consistent with the Batiquitos Lagoon Enhancement Plan. (See Environ- mentally Sensitive Habitats section.) 3. Green Valley (south of existing La Costa Avenue and west of El Camino Real) - the riparian corridor which traverses the property from south to north shall be designated Open Space (0-S). The precise boundaries of the corridor shall be established through future mandatory environmental review prior to any develop- ment on site. The area outside the identified riparian area is desig- nated Developable Agricultural Land (DAg). If the property is developed under the DAg conversion pro- visions set forth in the zoning section of this attachment, a maximum residential denisty of 2.8 dwelling units per acre may be achieved. Development standards shall be those of the R-l zone with "Q" overlay. ' /- 4. The above subparcels may be combined, planned and pro- cessed under a single master plan and specific plan consistent with those uses permitted by the Carlsbad General Plan. ''••••> -1- B. Developable Agricultural Lands 1. Areas designated Developable Agricultural Lands may be converted to non-agricultural uses if the City finds at the time of proposed conversion that con- tinued or renewed agriculture is infeasible. 2. As a condition of approval of any conversion of agricultural land located within this area to urban uses, the applicant shall be required to pay a coas- tal resource enhancement fee of $6,500 per acre con- verted to urban uses to 'be administered by a joint Coastal Conservancy/City of Carlsbad trust. If a future enhancement study of Batiquitos La/goon deter- mines that a greater per-acre coastal resource enhancement fee is necessary to implement 'the plan, then the per-acre fee may be increased by vote of the Carlsbad City Council as necessary, but not to exceed $10,000 per acre of non-prime agricultural land con- verted to urban uses. 3. The City of Carlsbad in consultation with the State Coastal Conservancy shall create a Batiquitos Lagoon Trust. Consistent with California Public Resources Code Section 30171.5 all coastal resource enhancement fees collected pursuant to subdivision (b) shall be administered by the trust. Separate accounting of fund collection, management and disbursement shall be carried out by the City. a. Priority for the Expenditure Funds - The following are the categories and priorities in order of expenditure of funds: i. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon. ii. Development of an interpretive center at Buena Vista Lagoon. iii. Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad. iv. Any other project or activity benefiting natural resources in the coastal zone in the City of Carlsbad that is provided for in the local coastal program of the City of Carlsbad. b. The priorities in 3a. above are established by Public Resources Code Section 30171.5. If those priorities are determined to be illegal, funds may be expended according to the priorities established in the Mello I and II LCP. -2- Land Uses Established by Master Plan Land use categories provided in section A. including all provisions (including mitigation fee) of the Developable Agricultural Lands category may be replaced with alter- native land uses through the provisions of a Master Plan. These uses must be represented as permitted by the Carlsbad General Plan. The highest priority of resource protection for these pro- perties is the Batiquitos Lagoon wetland. It is recognized that other resources exist within the possible Master Plan area. The Master Plan mechanism provides a methodology for permitting land uses reflective of the necessary hierarchy of various resource values. Section 30007.5 of the Coastal Act states: "The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature, therefore, declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resour- ces. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies." 1. If a Master Plan for all land use areas is pursued, the substitution of uses for those designated in Section A., and the elimination of an agricultural conversion mitigation fee shall be allowed only through the following findings: a. The Master Plan provides overriding bene- fits to the resources of the lagoon area. b. The Master Plan provides significant pro- tection and enhancement of the sensitive habitats in and around the wetland above and beyond the existing land use control's current requirements. 2. In considering a Master Plan for the combined sub- areas, possible trade offs for increased resource protection could be reflected through the following techniques: r \ - •-: a. Increased development density on areas not of high resource value to provide protec- < -••<••,''> tion for more sensitive habitats and ; .: ;' visually important open space areas. - : -3- 7 b. Conversion of marginal agricultural lands to accommodate clustered or buffered development allowing the permanent preservation protection and enhancement of high priority biological areas. c. Development of marginal and/or disturbed riparian and/or wetland areas to provide additional enhanced or restored riparian or wetland habitats in more stable, control- led or buffered areas. d. Increased development density or intensity to provide sufficient project revenues for provision of innovative wetland res- toration, enhancement and maintenance techniques. D. Grading and Erosion Control The identification of Batiquitos Lagoon as the primary coastal resource within the subject area warrants strin- gent controls on upstream development activities. Down- stream impacts of possible erosion and sedimentation, due to development must be limited to insignificant levels. In addition, many slope areas contain sensitive vegetation and support a variety of wildlife species. Slope areas also pose possible geologic hazards and require close development review. In light of the above conclusions, the following criteria are established: 1. Grading of slopes in excess of 25% is prohibited. To allow exceptions to the disturbance restric- tion the Carlsbad City Council must make findings of fact regarding slope disturbance as a part of the issuance of a coastal permit. All of the following are mandatory findings for all exceptions: a. A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts miti- gatable for at least 75 years, or life of structure. b. Grading of the slope is essential to the development intent and design. c. Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas. -4- d. If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. e. If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be allowed only if no interruption of sig- nificant wildlife cor,r,idors occurs. f. Because north-facing slopes are generally more prone to stability problems and 'in many cases contain more extensive natural vegetation, no grading or removal of veg'e- tation from these areas will be permitted unless all environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation. 2. Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken on and/or off site to prevent siltation of lagoons and other environmentally sensitive areas. 3. Grading activity shall be prohibited during the rainy season from October 1st to April 1st of any year. A. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent land- scape materials. Landscaping shall be maintained and replanted if not established by December 1st. 5. Grading plans shall indicate staking or fencing of open space areas during construction and shall speci- fically prohibit running or parking earthmoving equip- ment, stockpiling of earthwork material, or other disturbances within the open space areas. 6. Any necessary temporary or permanent erosion control devices, such as the desilting basin, shall be dev- eloped and installed prior to any on- or off-site grading activities, or, concurrent with grading, provided all devices are installed and operating prior to October 1st, and installation is assured through bonding or other acceptable means. 7. The developer must provide for the long term main- tenance of drainage improvements and erosion control devices. ,, -5- 7 E. Landscaping In order to guard against introduction of any species which are inherently noxious to or incompatible with the adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used in areas of close proximity to the wetland to the maximum extent feasible. Landscaping adjacent to structures should provide an effective screen of urban development. F. Environmentally Sensitive Habi'tats The environmentally sensitive habitats (wetlands and 25%+ slopes) shall be preserved as open space. These sensitive areas shall be protected from any significant disruption. Furthermore, development on the bluff tops shall be set back from the bluff edges to prevent possi- ble impacts on adjacent environmentally sensitive habitats. Any restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent with a Batiquitos Lagoon Enhance- ment Plan. When completed by the California Coastal Conser- vancy and adopted by the City of Carlsbad and certified by the California Coastal Commission, the Batiquitos Lagoon Enhancement Plan will become an attachment to the Carlsbad Local Coastal Program. The provisions called for in F. will be implemented through the approvals granted for development. G. Scenic and Visual Qualities • The scenic and visual qualities of the subject areas are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are important resources. Many of the requirements previously established by this element address visual quality components, such as: — blufftop setbacks — preservation of slope areas — preservation of lagoon and riparian habitats — enhancement of the lagoon environments — controlled grading ; In addition to these provisions, the following shall be pro- vided to further address the important scenic and visual character of the area: 1. La Costa Avenue shall be established as a scenic corridor pursuant to the City of Carlsbad General Plan Scenic Highways Element. -6- 2. If a public roadway is established along a part or the entire lagoon north shore, scenic corridor status shall be established for that area. 3. Existing mature, healthy vegetation, such as eucalyptus stands, shall be preserved where possible. 4. Off-site signing along public roadways shall be prohibited. 5. If a master plan is pursued for the property, the provisions of the City of Carlsbad Scenic Preservation Overlay Zone should be utilized where appropriate. 6. View points shall be established along the north and south shore areas, to provide varied visual access to the lagoon, across the lagoon and from the lagoon to upland areas. 7. View points should offer a mix of accessibility for pedestrian, bicycle and motor vehicles. 8. If a master plan is pursued, consideration may be given to combined public visual access and visi- tor-serving uses, if the use is provided compatibly with adjacent or nearby coastal resources. H. Public Access The primary coastal resource in the area is Batiquitos Lagoon. The balance of public access and ecological pro- tection requires careful consideration. With this under- standing the following goals are established: 1. Continuous bicycle and/or pedestrian access should be provided along the-lagoon south shore and along El Camino Real. 2. Controlled pedestrian access to the lagoon for wetland viewing should be provided along the south lagoon shore at a minimum of three points. 3. Lagoon overlook areas for pedestrian and bicycle access should be provided along El Camino Real at a minimum of three points. 4. Continuous motor vehicle, bicycle and pedestrian access in close visual proximity to the north lagoon shoreline should be established. -7- 5. Controlled pedestrian access to the lagoon for wetland viewing should be provided along the north lagoon shoreline at a minimum of three points. 6. All direct access points adjacent to the wetland shall be reviewed and approved by the California Department of Fish and Game prior to establishment. 7. All accessways for public use shall be established by irrevocable offers of .dedication to appropriate public agencies as a condition of development. I. Visitor-Serving Uses If a master plan is pursued for the property, visitor- serving uses in close proximity, to the wetland may be considered under the following provisions: 1. Disturbance of marginal and/or disturbed riparian and/or wetland areas are offset by provision of enhanced or restored riparian or wetland areas in more stable, controlled or buffered areas. Those areas disturbed shall be replaced at a one-to-one area ratio. 2. Visitor-serving uses must be consistent with the Carlsbad General Plan. 3. Inclusion of the uses can be shown to provide sufficient additional project revenue to allow otherwise unavailable lagoon restoration, enhancement and maintenance techniques. J. State Lands Commission Review Prior to issuance of the coastal development permit, permittee shall obtain a written determination from the State Lands Commission that: ; 1. No State Lands are involved in the development, or 2. State Lands are involved in the development and all permits required by the State Lands Commi- ssion have been obtained, or 3. State Lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. -8- ATTACHMENT 8 HUNT PROPERTIES ZONING Addition to the Planned Community Zone - the following new section shall be added to Ch. 21.38 of the Carlsbad Municipal Code: Additional Standards - Hunt Properties, sub-areas; Batiquitos Lagoon North Shore, Batiquitos Lagoon, Green Valley. 1. Permits Required. No development, including trat not limited to land divisions, as defined in Sect-ion 21.04.108 of this code shall occur without a Coastal Development Permit having first been issued pursuant to Chapter 21.65 of this Code. A master plan or a planned development permit processed according to Section 21. .060 shall be considered a coastal permit if also processed in compliance with Chapter 21.65. 2. Maximum Density of Development. A. If all identified sub-areas are not combined and processed under one master plan, the maxi- mum density of development shall be as provided in A-l, 2 and 3 of Attachment C of the Land Use section of the Carlsbad Local Coastal Program, upon payment of an agricultural conversion miti- gation fee pursuant to the provisions of the Developable Agricultural Zone (DAg), i.e. Batiquitos Lagoon North Shore: residential 2.8 dwelling units per acre maximum; Batiquitos Lagoon: open space; Green Valley: riparian corridor - O.S, remainder residential 2.8 dwelling units per acre maximum. These den- sities shall be implemented under the standards of the following zones: Batiquitos Lagoon North Shore: R-1-"Q" Batiquitos Lagoon: O.S. Green Valley: R-1-"Q", O.S. B. If the identified sub-areas are combined and pro- cessed under one master plan the master plan process shall establish specific land use locations and attainable densities consistent with the applicable General Plan categories. No agricultural conversion mitigation fee shall be required, however: Under the combined master plan approach, criteria set forth in the Carlsbad Local Coastal Program Land Use section, Attachment C, item C-la. and b. must be found. They are: -1- 13 a. The master plan provides overriding benefits to the resources of the lagoon area. b. The master plan provides significant pro- tection and enhancement of sensitive habitats in and around the wetland above and beyond the existing land use control's current requirements. i Also, the combined maser plan process shall review and consider the techniques outlined in the Carlsbad Local Coastal Program'" -Land Use section, Attachment C, item C-2a, b, c, and d. 3. Erosion, Drainage, Sedimentation. Subject to the modifi- cations, additions, or exceptions expressed below, as a part of the permit application, the applicant shall sub- mit an erosion, sedimentation and drainage plan prepared •' by a qualified professional, including the requirements of the Model Erosion Control Ordinance reprinted in the Appen- dix to the June 1980 Carlsbad Master Drainage Plan, the requirements of the Master Drainage Plan, and the additional requirements specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainage Plan and its appendices are herein incorporated by this reference and are part of this zone. The general provisions, standards content of plans and implementation contained therein are in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirement specified above: A. A soils map in the scale of 1" = 100 feet, showing both the erodibility of soils and the type and location of soils, using the SCS Land Use Capa- bility Classification System and standards of erodibility developed by SCS. The soils map shall be certified by a soils engineer as true and accurate. B. Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken on and/or off-site to prevent siltation of lagoons and other environ- mentally sensitive areas. C. The appropriate measures shall be installed prior to on-site grading. , D. All bluff slopes shall be placed in open space easements as a condition of development approval. •••••< -2- Grading of slopes in excess of 25% is prohibi- ted. Exceptions to this provision require findings of fact by the Carlsbad City Council as set forth in the Carlsbad Local Coastal Pro- gram Land Use section, Attachment C, item D-la. to f. Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to dev- elopment in accordance with the following addi- tional criteria: > a. Submittal of a runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year frequency storm. Runoff control shall be accomplished by a variety of measures including, but not limited to, on-site catch- ment basins, detention basins, siltation traps and energy dissipators and shall not be concentrated in one area or a few locations. b. Detailed maintenance arrangements and various alternatives for providing the ongoing repair and maintenance of any approved drainage and erosion control facilities. If the off-site or on-site improvements are not to be accepted or maintained by a public agency, detailed maintenance agreements shall be secured prior to issuance of a permit. c. All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any on-site grading activities. d. All grading activities shall be prohibited within the period from November 1st to March 31st of each year. e. All areas disturbed by grading, but not com- pleted during the construction period, including graded pads, shall be planted and stabilized prior to November 1st with temporary or perm- anent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, fil- tered inlets, debris basins and silt traps, shall -3- be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed land- scape architect and shall consist of seeding, mulching, fertilization and irrigation ade- quate to provide 90 percent coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles. f. Grading plans shall indicate staking or fencing of open space areas during construction.' and shall specifically prohibit running or parking of earthmoving equipment, stockpiling o'f earth- work materials, or other disturbances within open space areas. A. Landscaping. In order to guard against the introduction of any species which are inherently noxious to, or incom- •' patible with the adjacent lagoon habitat, the master plan shall indicate that drought tolerant and native vegetation shall be used in areas of close proximity to the wetland to the greatest extent feasible. Prior to development, a detailed landscape plan must be submitted and approved by the City. Said landscape plan shall be reviewed by the Department of Fish and Game for compatibility of landscape materials with adjacent environmentally sensitive habitat species. 5. Environmentally Sensitive Habitats. The environmentally sensitive habitats located on both wetlands and 25%+ slopes shall be preserved as open space. These sensitive areas shall be protected from any significant disruption. Furthermore, development on the bluff tops shall be set back from the bluff edges to prevent possible impacts on adjacent environmentally sensitive habitats. Detailed topographic maps shall be prepared by qualified professionals including biologists, hydrologists and engi- neers in sufficient detail to locate the boundary of lagoon or wetland and upland areas. The scale shall not be less than 1" = 100 feet with a contour interval of 5 feet, and shall include an overlay delineating the loca- tion of the development. The lagoon and wetland areas shall be delineated according to the requirements of Section 30121 of the Coastal Act and the LCP Mapping regulations, subject to the review and approval,of the Department of Fish and Game. 6. Scenic and Visual Qualities. The scenic and visual quali- ties of the subject areas are of great value to the region. Specific criteria shall be included in the maister plan to -4- reflect the requirements of the Carlsbad Local Coastal Program Land Use section, Attachment C, item G-l to 8. 7. Public Access. The primary coastal resource in the area is Batiquitos Lagoon. The balance of public access and ecological protection requires careful con- sideration. The master plan shall reflect the goals established in the Carlsbad Local Coastal Program Land Use section, Attachment C, item H-l to 7. 8. Visitor-Serving Uses. Through the comprehensive planning of the master plan process, visitor-serving uses, in close proximity to the wetland, may be considered under the pro- visions of the Carlsbad Local Coastal Program Land Use section, Attachment C, item 1-1, 2 and 3. 9. State Lands Commission Review. Prior to issuance of the coastal development permit, permittee shall obtain a writ- ten determination from the State Lands Commission that: A. No State Lands are involved in the development, or B. State Lands are involved in the development and all permits required by the State Lands Commis- sion have been obtained, or C. State Lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. -5-