HomeMy WebLinkAbout1997-01-14; City Council; 13995; AGUA HEDIONDA LAGOON RESOLUTION OF INTENTIONI
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%Y OF CARLSBAD - AGENb BILL I,
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AB# /3i 99.5
RECOMMENDED ACTION:
CITY MGR DEPT. PLN
CITY ATTY. AGUA HEDIONDA LAGOON MTG. 1 /14/97
E: 1 DEPT. HD.
As previously directed by Council, Staff is recommending that the City Council ADOPT I
of Intention (ROI) NO. 9 7 e 1 3 authorizing Staff to study the land uses permi-
City’s General Plan, Coastal Plan and Zoning Map along the south shore of Agua Hedionr
and consider allowing only open space uses.
ITEM EXPLANATION:
The purpose of this agenda bill is to provide an ROI to initiate the re-designation of areas o
shore of Agua Hedionda Lagoon to Open Space on the City’s General Plan, Local Coast:
and Zoning Maps. Re-designation of these areas is proposed in response to Council‘
direction; and to create consistency between the three land use designations (General Plan, ;
Local Coastal Program).
#’ RESOLUTION OF INTENTION
This issue is being addressed because there are inconsistencies with the land use dt
covering the south shore of the Agua Hedionda Lagoon area. As shown on Exh
“C”,(attached to the ROI) the area‘s General Plan and Local Coastal Program designatic
(Travel-Recreation Commercial) and OS (Open Space) are consistent with each other. Hoc
differ from the primary zoning designation of P-U (Public Utility) which spans most ol
shore area.
State law and General Plan Guidelines require that a coastal city’s General Plan, zoninl
local coastal program land use plan be consistent with each other. Specifically, the General
designation of Open Space and the two areas of Travel-Recreation Commercial are incons
the P-U zoning designation.
I The ROI proposes to change the General Plan and LCP designations of T-R to Open Sp
large 45 acre parcel of T-R designated land located south of the lagoon and immediately e2
5 freeway; and it proposes to change the smaller parcel of General PladLCP designated T-
located in the eastern portion of the study area to Open Space as well. Both of these
shown on Exhibits “B” and ’‘CY. Concurrently, the ROI will initiate the zoning designat
from P-U as shown on the zoning map exhibit (Exhibit “A” - attached) to Open Space.
On September 10, 1996, the City Council considered an Agenda Bill regarding the potenti
a study for the Agua Hedionda Lagoon (AHL) area. The Council had several questions an(
the matter for an additional report from staff responding to the questions. Previous directic
given to staff to do a focused study to resolve the inconsistency issue by bringing the d
into conformance by allowing only open space uses for the south shore area. This wo1
appropriate changes to the General Plan, zoning map and LCP land use plan to only allow
land uses via open space land use designations.
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CITY COUNCIL RESOLUTION OF INTENTION NO. 97-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CmSBAD, CALIFORNIA DECLARING THE INTENTION
TO STUDY THE LAND USES PERMITTED BY THE CITY’S
GENERAL PLAN, LOCAL COASTAL PROGRAM LAND USE
PLAN AND ZONING MAP ALONG THE SOUTH SHORE OF
AGUA HEDIONDA LAGOON
WHEREAS, the City of Carlsbad General Plan, Agua Hedionda Lo(
Program Land Use Plan and the City’s Zoning Map currently designates most of the
of Agua Hedionda Lagoon for open space uses; and
WHEREAS, there are two areas as sh.own on the South Shore
Designations Zoning Map attached as Exhibit “A”, which are designated for non-
uses; and
WHEREAS, the Agua Hedionda Land Use Plan was originally prep
City in 1977 and approved by the Coastal Commission in 1982; and
WHEREAS, the South Shore of Agua Hedionda Lagoon has existi
designation inconsistencies between Zoning, General Plan and Local Coast;
designations as shown on attached Exhibits “A-C”, respectively; and
WHEREAS, the City Council wishes to study the appropriateness (
space uses on the south shore of Agua Hedionda Lagoon and wishes to consider
south shore should be designated for open space on the Zoning Map, General Pla
Coastal Program Land Use Plan.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
2. That it is the intention of the City Council to consider amending the (
the Local Coastal Program and the Zoning Map to designate the el
portions of that area, on the south shore of Agua Hedionda Lagoon ti
or other appropriate designations.
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3. That the City Council directs the Planning Director to conduct the
studies, notices, and reports and bring this matter without undue delay
Planning Commission for public hearing and recommendation to
Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
Council of the City of Carlsbad on the 14th day of January 1
by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin a
NOES: None
ABSENT: None
7. q?j?jw
ATTEST:
ALETHA L. RAUT
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’ PAGE 2 OFAGEND dlB ILL NO. /3. ’? 4 s 0
With regards to the existing P-C zone over the south shore area on the zoning map, the
requires a valid Precise Development Plan (PDP) to allow the on-going operations of a puk
A PDP for the area does not currently exist and therefore creates a non-conforming
Redesignating this area for open space purposes would eliminate this non-conforming situa
In addition, since the September lot” Council meeting, the Agua Hedionda Lagoon I
sponsored a workshop on October 3 1, 1996, utilizing grant money they secured from t
Conservancy. City staff attended the workshop in an observational role along with o
“stakeholders” in AHL activities. The position of the AHL Foundation is that ci
community groups would like to see a long term plan which would maintain multi-d
recreational opportunities in AHL without adversely impacting biological or physical aspecl
or its function as a cooling source for the power plant.
A formal request of the Parks and Recreation Commission was made by the AHL Founda
September 16, 1996 Commission meeting to comprehensively study various aspects of tht
The idea of a recreational management plan for the long term maintenance of multi-di
recreational activities on AHL has surfaced as something that the Foundatiodcommunity
to see the City address.
In conclusion, staff has attached a report to this agenda bill which provides some b
information and a regulatory overview of AHL in response to general questions 2
surrounding the south shore of AHL as raised at the September 10, 1996 City Council meetj
ENVIRONMENTAL REVIEW:
The proposed Zone Change, General Plan Amendment and Local Coastal Program AI
process would be subject to standard environmental review procedures consistent with the
Environmental Quality Act (CEQA).
FISCAL IMPACT:
Aside from typical administrative costs associated with processing the amendments, no dj
impacts are anticipated.
EXHIBITS;
1. City Council Resolution of Intention 9 I -I 9 (Exhibits “A”-“C” attached)
2. Agua Hedionda Lagoon Report, dated November 22, 1996.
0 e EXHI
AGUA HEDIONDA LAGOON REPORT
INTRODUCTION
I. OVERVIEW OF AGUA HEDIONDA LAGOON (AHL)
A. LAGOON ACTIVITIES
B. ENVIRONMENTAL CONSTRAINTS
C. REGULATORY AGENCIES AND RELATED DUTIES
11. LAND USE AND RECREATION CONTROLS ON AHL
A. LAND USE
B. REGULATION OF BOATINGIWATERCRAFT
AND RECREATION ON AHL
111. CITY COUNCIL ISSUES
A. MORATORIUM
B. WORKSHOP
IV. FUTURE OPTIONS
V. WORKLOAD ASSESSMENT
ATTACHMENTS
#1 Excerpts from the Agua Hedionda Lagoon LCP Land Use Plan
#2 Chapter 1 1.24 of the Carlsbad Municipal Code
EXHIBITS “A”-“C” : ZONING, GEKERAL PLAN AND LCP DESIGNATIONS
11/22/96
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INTRODUCTION
The purpose of this report is to provide an overview of the types of activities and regulatic
which apply to the Agua Hedionda Lagoon (AHL) area. The report also addresses some recl
Council issues by including a discussion of existing and potential land use designations 2
concluding with a recommended course of action to study designating the south shore of AI
for open space designation on the City's General Plan, Zoning Map and Coastal Plan.
I. OVERVIEW OF AGUA HEDIONDA LAGOON
A. LAGOON ACTIVITIES
AHL is a multiple use wetland area. A broad spectrum of recreational and institutional activit
are associated with AHL, ranging from passive recreation uses on the perimeter of the Lagc
(fishing, walking, etc.) to highly active uses on and in the Lagoon (water skiing beh:
powerboats, jet skis, etc.) with the regional power utility of SDG&E, aquaculture, agricultL
residential development and some limited commercial uses on the shore.
Below is an overview of AHL activities.
User Group Type of Use
Hubbs SeaWorld Fish Hatchery
SeaFarms, Inc.
(Commercial and private users)
Jet skis, water skis, wave runners, powerbo; Powered Vessel Users
Day camp with passive water/Lagoon activiti YMCA
Shellfish and abalone aquaculture farming
Hiking, walking, jogging, fishing, clam digg Miscellaneous Passive Users
sailboards/windsurfers institutional users)
Kayaks, canoes, rowboats and Passive Vessel Users (Commercial, private and
motorized craft
and bird watching
B. ENVIRONMENTAL CONSTRAINTS
AHL is a marine resource that is under the jurisdiction of various state and federal agencies v
mandates to protect the environmental resources. A variety of marine (eel grass) and sensit
terrestrial plant (Salicornia) and bird (Least Tern) species are located in or near the Lago
Steep slopes (25% inclinhtion and patches of coastal sage) surround portions of AHL. Spec
regulations apply to such lands.
The lagoon was restored in the 1950's by SDG&E to provide a cooling source for the Enc
Power Plant. Since a large portion of the daily tidal volume is used to cool the power generat
equipment, there is a diminished tidal power to maintain an open tidal inlet. Consequen
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SDG&E must conduct maintenance dredging to remove marine sediments that accumulate e
of the inlet. The eastern end of AHL contains floodplain and flood hazard areas and is mos
undeveloped. The entire lagoon is within the Coastal Zone. Development in and around
lagoon is additionally regulated by the AHL Local Coastal Program which requires a cox
development permit issued by the California Coastal Commission. Additionally, the AHL a
contains several archeological sites.
C. REGULATORY AGENCIES AND RELATED DUTIES
Since AHL is a lagoon with navigable waters containing a variety of sensitive plant and anir
habitats in the coastal zone, a wide spectrum of agencies and entities either are, or potentially (
be, involved in some regulatory capacity. Unlike Batiquitos or Euena Vista Lagoons which
owned by State level public resource agencies, AHL belongs to a public utility (San Diego (
& Electric). A preliminary list of agencies with jurisdiction in AHL (17 identifiedj follo
with duties ranging from land use control to wildlife protection and recreation management:
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Agency Name Duties
Calif. Dept. of Boating 2% Waterways/Calif. Designates AHL as a special use area; regula
Harbors and Navigation Code
Calif. Department of Motor Vehicles
navigational rules
Protects/regulates State listed plants and Calif. Department of Fish and Game
Issues bodvessel registrations
US. Fish and Wildlife Service Acts in conjunction with permits issued by
animals
Corps of Engineers; serves as biologi
regulatory component of COE activities 2
permits; protects and regulates federally lis
animals and their respective habitats
U.S. Army Corps of Engineers Issues permits for any dredging, removal, fill
similar activities (typically 404 permits); wo
in coordination with Fish and Wildlife Servic
California Coastal Commission Implements AHL Local Coastal Progr
segment via issuance of Coastal Developm
Permits and review of LCP amendments
San Diego Gas & Electric Exempt from City issued Lagoon Use Perm I Provides written authorization for: (1) power
passive vessels in outer lagoon (2) powe
vessels in middle lagoon (3) swimming in
middle or outer lagoon areas. SDG&E own:
has the responsibility to maintain the Lagoor
Public Utilities Commission Federal agency that oversees SDG&E
City of Carlsbad - City Council Issues Special Use Permits for flood haz
areas; authorizes boat races, ski meets, b
parades and other aquatic special events
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City of Carlsbad - Community Services Dept.
Permits for lagoon users (except SDG&
Issues annual and temporary Lagoon I
performs enforcement of Chapter 11.24 wh
outlines the mandated City regulation of AH1
City of Carlsbad - Police Department Issues special operations/special event pern
(to exceed speed limit)
Snug Harbor Marina Issues daily Lagoon Use Permits
U.S. Coast Guard Has ability to enforce all State and fed€
boating regulations; can perform search 2
rescue on this navigable body of water
Regional Water Quality Control Board
Caltrans
Regulates water quality
Processes certain permits and makes City of Carlsbad - Community Development
Maintains/operates railroad right of way/trest San Diego Northern Railway
Maintains/operates freeway right of way
recommendations to City Council.
11. LAND USE AND RECREATION CONTROLS ON AHL
A. LAND USE
The primary local land use regulations which govern AHL are the General Plan, the Zon
Ordinance and the Local Coastal Program. Agua Hedionda Lagoon is surrounded by multi
General Plan, Zoning, and Local Coastal Program (LCP) land use designations. Since the for
of the Council has been on south shore land uses, discussion in this section of the reporl
limited to that area.
General Plan
The General Plan designates the majority of the south shore of the lagoon as Open Space (OS)
shown on the attached exhibits. A 45 acre portion of the area to the east of the 1-5 freewa)
designated by the General Plan as TraveVRecreation Commercial (T/R Commercial) in addit
to a smaller parcel near the eastern perimeter of the Lagoon also designated TIR Commerc
Any proposals for land development must comply with the goals, objectives and policies of
General Plan.
T/R Commercial uses include motels: hotels and restaurants designed to accommodate the tra
and recreational needs of tourists, residents and employees of industrial/business centers.
Open Space designations include the preservation of natural resource areas, provision of t
systems and habitat preserve areas.
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Zoning
The majority of the south shore of the lagoon is designated as a Public Utility (P-U) zone. T
zoning designation is inconsistent with the two associated General Plan designations cover:
the south shore of AHL (TIR Commercial and OS). This zone allows only public utility 2
related uses, government maintenance and service facilities, agriculture/horticulture, recreatio
facilities and certain incidental uses.
No building permits or other entitlements can be issued for land in this zone unless a Prec
Development Plan (PDP) for the property has been approved by the Council. As of this d
(12/96) a PDP does not exist and therefore, a non-conforming situation exists given
requirement of the P-IJ zone to have a valid PDP in place to allow public utility operations.
Floodplain Areas
Areas at the eastern end of AHL are within a floodplain, and are regulated by the Cit:
Floodplain Overlay Zone which applies special standards and requires permits for developmen
Local Coastal Program
As shown on the attached exhibits, the General Plan and LCP designations are consistent w
each and implement the same range of allowable uses for Travel-Recreation Commercial a
Open Space.
The area surrounding Agua Hedionda Lagoon and the lagoon itself is within the Agua Hedior
Lagoon Segment of the Local Coastal Program. This segment has not been effectively certif
by the California Coastal Commission therefore all coastal development permits (CDPs) wit1
this area must be reviewed and approved by the Coastal Commission. In October 1996
authorization to issue CDPs within most of the City’s Coastal Zone was granted by the Coas
Commission except for certain areas of deferred certification. The area included in the AI
LCP segment is the largest and primary area of deferred certification.
Any General Plan and Zoning changes must also be reviewed and approved by the Coas
Commission via Local Coastal Program amendments.
Certain excerpts from the Agua Hedionda Land Use Plan are attached as Attachment I
Specifically, the Plan Introduction, Background and Chronology of Events chapters are attachc
B. REGULATION OF BOATING/WATERCRAFT AND RECREATION ON AHL
The basis for City regulation of Agua Hedionda Lagoon lies in Title 11 (Public Property)
Carlsbad Municipal Code. Chapter 1 1.24 - Agua Hedionda Lagoon (Attachment #2) impleme
Ordinance NS-292 (September 1994) which regulates various aspects and activities related to
Lagoon to allow for ‘i.. .safe conduct among the users of the Agua Hedionda Lagoon.” Title 2
the Municipal Code (Administration and Personnel) designates the Parks and Recreati
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the Municipal Code (Administration and Personnel) designates the Parks and Recreati
Commission (Chapter 2.36) as the body to review and make recommendations on matt’
relating to park and recreational facilities on or in public grounds throughout the City (therefc
including AHL). Chapter 11.24 requires a City issued Lagoon Use Permit for all recreatiol
vessels using AHL and enforcement is specifically assigned to the Community Services Direc
(1 1.24.1 37).
The above described regulations are from the Carlsbad Municipal Code and restrict use E
access of AHL; they are not related to the development regulations and provisions imposed
adjacent AHL properties by existing land use designations noted in IIA above (Local Coas
Program, General Plan and zoning designations).
111. CITY COUNCIL ISSUES
A. MORATORIUM
The council requested that staff investigate and report on the potential for a developm
moratorium while this area is under study. State law allows for the adoption of an inter
ordinance by “the legislative body, to protect public safety, health and welfare.. . . ..prohibit:
any uses which may be in conflict with a contemplated general plan, specific plan, or zonj
proposal” which the city may be studying (Section 65858 Planning, Zoning and Developm
Law).
However: as noted in Section I1 A. of this report, three layers of land use control already er
over Agua Hedionda Lagoon. Each one of these layers require the approval of the City Cour
for development projects or changes to plans or existing designations. It is staffs conclusil
therefore, that adequate land use controls already exist for this location and that a moratoriuw
not necessary.
B. WORKSHOP
In prior discussions the Council had also asked whether a City sponsored workshop regard
this matter should be held. Meanwhile, a grant was secured by the Agua Hedionda Lagc
Foundation from the Coastal Conservancy for the purpose of financing a workshop to forn
Framework Plan for the Foundation to guide their advocacy efforts and to be the basis for tl-
recommendations to various public and private entities involved with AHL. This workshop x
held by the Agua Hedionda Lagoon Foundation on October 3 1, 1996. Participants included 1:
owners, city representatives, SDGE, residents, business owners, and resource agencies. C
staff attended in a limited observational role.
At the conclusion of the workshop it was apparent that the major land owners and stakeholders
the area were generally satisfied with the AHL Local Coastal Program for their purposes an
consensus to revise the entire LCP was not evident. What did surface was a commur
valueidesire for a long term vision for AHL which would be implemented in concert with
responsible entities that would allow for multi-dimensional recreational opportunities with
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impacting the lagoons’ biological or physical qualities; or hinder the function of the lagoon a
cooling source for the SDG&E power plant.
One of staffs primary recommendations (as outlined in V. below) is to develop a recreatio
management plan under the guidance of the City’s Parks and Recreation Commission. T
effort may or may not involve a workshop component; such a recreation plan would be separ
from the proposed open space study associated with this report which would be conducted
Planning staff. An open space study (also outlined in V. below), involving only the south sht
would be fairly straightforward and would not warrant a City sponsored workshop.
IV. FUTURE OPTIONS
At this time staff recommends that (1) a revision to the LCP is not warranted and (
should not be initiated by the City, (2) a focused review of south shore land uses specific2
focused on only allowing open spaces uses on the south shore should be authorized by Cour
and initiated by staff, and (3) a recreational use/management plan should be developed unl
the guidance of the City’s Parks and Recreation Commission as a separate work effort
provide the community with a realistic vision to maintain the variety of AHL users, recreatio
opportunities and natural features.
Commercial Uses
On a related item, the City’s Draft Commercial study shows that the Agua Hedionda Lagoon a
is adequately served by both neighborhood commercial and community shopping sites. T
study, however, did not include analysis of visitor serving commercial uses. Currently, the no
shore of AHL does support a privately operated recreational marina (Snug Harbor) as well
limited restaurant uses.
V . WORKLOAD ASSESSMENT
Study of the south shore area only as proposed in recommendation (2) above would take st
approximately 6-7 months to bring the package before the Council and then another 3-4 mon
to process the LCP amendment component of the package through the Coastal Commission.
If determined to be an appropriate course of action, a recreational users management p
(recommendation (3) above) can be drafted, however, this work effort has not been adequat
scoped out in detail by all potentially involved staff and, therefore, there is no time estimate
this work effort at this time.
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I INTRODUCTION
This document represents a revised version of the Agua Hedionda Specific Plan, originally submitted to the California Coastal Commission in October, 1977. This plan proposes land uses and
environmental control measures for an 1,100 acre segment of the Carlsbad Coastal Zone, including the 230 acre Agua Hedionda La-
goon and adjacent marsh, upland habitats and wetland areas.
1. Plan History
The Agua Hedionda Land Use Plan was originally developed a
a pilot local coastal plan under a $16,000 grant from the California State Coastal Commission. The Plan was
formulated as a joint effort between property owners, the
numerous public hearings and workshops, the plan was submitted by the city to the Coastal Commission in October
1977. Several public hearings regarding the Plan were conducted by the Regional and State Coastal Commissions, a
the Plan was returned to the city with 32 conditions of
approval (32 issue areas requiring modification to meet thl requirements of the Coastal Act.)
In response to the State Coastal Commissions actions regatc
ing the Plan, the Carlsbad City Council suggested setting a Negotiating Committee to resolve unsettled issues. The
Negotiating Committee, including city and Coastal Commissic staff members and elected representatives, began meeting 01
July 6, 1979. The final meeting of the Negotiating Commit- tee occurred in November, 1980, and resulted in a revised
version of 24 conditions of approval resolving the majorit:
of unsettled issues,
This Plan represents a synthesis of the original Plan, in- corporating the negotiated conditions of approval, and uti- lizing the format of the city - modified Carlsbad Local Coastal Plan, prepared by the firm of PRC Toups. Attachmex
1 provides a complete chronology of the development and pa: procedural aspects of the plan.
city of Carlsbad and the Coastal Commission. Following
ATTACHM
t, a1 I e
2, Scope
Each of the 15 counties and 53 municipal jurisdictions along
the California coast are required to prepare a Local Coastal
program (LCP). The LCP consists of a local governments Land U
plans, Zoning Ordinance and Zoning which meet the requirements and implement the provisions arid policies of the California
Coastal Act. The LCP consists of two principal componants: (
the Land Use Plan and (2) Implementing Ordinances. This porti of the Agua Hedionda LCP is meant to fulfill the requirements for a Land Use Plan. Implementation will be considered at a
later date, subsequent to city and Coastal Commission review a
approval of the Land Use Plan.
The Carlsbad Coastal Zone, as a result of legislative action, has been segmented into four distinct planning areas. (See Exhibit ,An) These are as follows: - Agua Hedionda LCP Segment - 1,100 acres;
o Mello Bill Local Coastal Plan Area - 1,000 acres; San Dieguito LCP (County of San Diego) - 1,191 acres;
O City of Carlsbad Local Coastal Plan - 5,387 acres;
This plan addresses only those issues pertaining to the 1,100 acre Agua Hedionda Local Coastal Plan area.
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II. BACKGROUND
This section of the plan addresses the major componants and doc
ments upon which development of the plan is based. The plan rc
presents a synthesis of the requirements of the California
Coastal Act, relevant policies of the Carlsbad General Plan ant the environmental concerns and mitigation measures contained ir the Agua Hedionda Environmental Impact Report.
1.- -Environmental-Setting
Agua Hedionda Lagoon is one of three coastal lagoons with:
the Carlsbad General Plan Area. The lagoon is centrally located in the Carlsbad Coastal Zone, and comprises approximately 230 acres of water surface, and additional upland marsh and wetland areas. The lagoon extends 1.7
miles inland from the coast, and is approximately .5 mile:
across, at its widest point. The lagoon consists of threc
distinct areas, as follows:
(1 ) Outer Lagoon, comprising 66 acres of water, used as z cooling water source for the SDGhE power plant facility;
(2) Middle-Lagoon, containing 27 acres of water surface,
used principally for passive recreation uses;
(3) Inner-Lagoon, totals approximately 140 acres of water
surface, used for active recreation activities.
Additional wetland areas, containing environmentally
sensitive habitats, are located at the extreme easter
end of the lagoon.
The separation of the lagoon into three areas is the resul of the development of transportation corridors crossing tt lagoon body. These include the construction of the railroad in the late 18OO's, the bridging of the lagoon
mouth by Pacific Coast Highway in 1910, and the construction of the 1-5 freeway corridor in 1967.
Originally, the lagoon was an increasingly restricted salt
water marsh, the result of accumulated sedimentation, and
the absence of tidal flushing. Between 1952 and 1954, the
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San Diego Gas and Electric Company (SDG&E) removed a?prox-
imately 310,000 cubic yards of sediment from the laqoon,
restoring the lagoon to an average 10 foot depth, and
opening the lagoon mouth to permanent tidal flushing. As noted in d repart by the Stake Department of Fish and Gams the resultant deepening and tidal flushing created a new
deep-water environment, supporting a wide variety of mari and terres.tria1 environments. The report goes on to state "This environment, or ecosystem, contains a highly diverse flora and fauna that, in addition to making a mor(
interesting and attractive lagoon and wetland, provides a
wider range of recreational and educational use." 1
2. The California Coastal Act
The California Coastal Act, originally passed as the California Coastal Zone and Conservation Act on November '
1972, and subsernrnia Coastal
Act of 1976 provides the basic policy -k
the Agua Hedionda Plan is based, The Coastal Act requires coastal counties and municipal jurisdictions to prepare
Land Use and implementation programs for all lands within
the California Coastal zone.
The major policies, goals and priorities articulated in ti Coastal Act of 1976 are as follows:
Basic Policies:
O That the California coastal zone is a distinct and
valuable resource of vital and enduring interest to all
the people and exists as a delicately balanced
ecosystem;
o That the permanent protection of the state's natural ar
scenic resources is a paramount concern to present and
future residents of the state and nation;
' That to promote the public safety, health, and welfare
and to protect public and private property, wildlife,
marine fisheries, other ocean resources and the natural
environment, it is necessary to protect the ecological
balance of the coastal zone and prevent its deterioration and destruction;
O That existing developed uses, and future developments that are carefully planned and developed consistent wit the policies of this division, are essential to the economic and social well-being of the people of this
state and especially to work persons employed within tk,
coastal zone.
1 Bradshaw, Jack. The Natural Resources of Agua Hedionda Lagoon. U.S, Fish and Wildllfe Service, San Diego, Calltornia, June, 1976. P.1.
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Basic Goals: 0
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O Protect, maintain, and where feasible, enhance and re- store the overall quality of the coastal zone environmer
and its natural and man-made resources.
O Assure orderly, balanced utilization and conservation
of coastal zone resources taking into account the
social and economic needs of the people of the state.
' Maximize public access to and along the coast and public recreational opportunites in the coastal zone consistent with sound resource conservation principles and constit1
tionally protected rights of private property owners.
Assure priority for coastal-dependent and coastal rela-
ted development over other development on the coast.
0
Encourage state and local initiatives and cooperation ir
preparing procedures to implement coorinated planning ar development of mutually benefical uses, including educa-
tional uses, in the coastal zone.
Pr iorities:
The Coastal Act articulates land use priorities for the coastal zone. Highest priority is placed on the preservation and prote
tion of natural resources, including environmentally sensitive
habitat areas, wetlands and agricultural lands. The following lists Land Use/Development priorities defined by the Coastal Ac
' Preservation of natural resources and environmentally se
sitive areas;
o Coastal dependent development ( i.e. development requir-
ing a site adjacent to the ocean to function);
o Public recreational uses;
E Vistor-serving commercial recreation;
a Private residential, industrial and commercial develop-
ment.
3. Carlsbad.Genera1 Plan: -Goals and Policies
The Carlsbad General Plan provides the broad guidelines an, goals which shape and direct the future growth of the city
-6-
11 a. e e
The General Plan reCOgniZeS the unique environmental stat
of the layoon and its environs, designating the entire
shoreline, and a majority of the flood-plain area and the south shore properties as "open space". The General Plan
further requires the develGpment of a specific plan for t
lagoon area, and designates the entire Agua Hedionda Plan
area as a "special treatment area".
In order to provide consistency with other areas of the city, and to allow for the eventual integration of the co tents of this Plan with the overall General Plan, the Spe
fic Plan must address relevant aspects of the General Pla
Major goals and policy groups of the Carlsbad General Plan re1
vent to the formulation of this Plan are summerized as follows
Land Use _~_
~ ~~
* Preserve and enhance the environment, character and ima of the city as a desirable residential, beach and open
space-oriented community;
a Promote the economic viability of the agricultural and
horticultural industries;
O Generate the development of commercial enterprises that
support local industries, population and tourist trade;
O Encourage development only in those areas which can bes support a change in land use without adverse impact;
Protect and conserve natural resources, fragile ecologi
cal areas, unique natural assets and historically signi
ficant features of the community;
' Provide for an orderly balance of both public and pri- vate land uses within convenient and compatible loca-
tions throughout the city and ensure that all such uses - (type, amount, design and arrangement) - serve to pro
tect and enhance the environment, character and image o the city.
Open Space/Conservation
o Landforms. To protect the unique variety of landforms
distinctive of the city's topography and to ensure that
the development process considers and strives to pre-
serve these landforms rather than to create an unnatur-
al, uniform landscape.
o Outdoor Recreation. To conserve, develop, and utilize areas particularly suited for outdoor recreation by pre
value and developing areas especially suited for active
park and recreational purposes.
serving areas of unique scenic, historical and cultural
-7-
9. *I 0 a
o Preservation of Natural Resources. To preserve natural
resources by: protecting fish, wildlife and veqetation
habitats: retaininq the natural character of waterways,
shoreline features, hillsides and ,scenic areas: safe- guarding areas for scientific and educational research;
respecting the limitations of our air and water resource
to absorb pollution: encouraging legislation that will assist in preserving these resources.
-
O Agricultural Lands. To regard agricultural land and
prime soil as a natural resource and as a siqnificant
contrasting land use to the urbanized environment of the
city. ,
Geologic Hazards
o The Geologic and Seismic Safety Element goal is to min-
mize the loss of life, injury to health and destruction
of property in the city of Carlsbad by implementing ne- cessary planning and development policy recommendations that give consideration to potential geologic and seis- mic occurrences and their lonq ranqe impact on the com-
muni ty .
Circulation
O Coordinate the circulaticn plan with the development of
the scenic route program (covered exclusively in the
Scenic Highway Element) for the preservation and enhan- cement of the scenic qualities of selected corridors.
O Improve operational efficiencies of streets by using mo- dern design standards and the latest available techno-
logy. Include provisions for emerqency and public ser- vice vehicles.
o Construct each addition to the circulation system so
that it will provide a usable link in the total system.
o Provide bikeways for school routes, commuter routes and
recreational uses. Also, make provisions for bikeways
in virtually all new major secondary and scenic road-
ways. Coordinate implementation of bikeways with Parks
and Recreation Element.
a Encourage and assist in the planninq and development of
a regional mass transit system with other appropriate
agencies.
Housing
O Preservation. Preserve the neighborhood atmosphere, re-
tain the indentity of existinq neighborhoods, maximize
open space and ensure slope preservation.
-8-
It '? 0 0
' Choice. Ensure a variety of housing types, a choice of all ecomonic ranges, wide range of housing types, apart
ments, townhouses, etc. , different styles and price le- vels in a variety of locations,
o Housing Needs. Utilize programs to revitalize deterior ating areas or those with high potential fOK deteriora-
tion; seek to provide low and moderate income housing.
4. Environmental Impact Report
The Environmental Impact F.eport (EIR) on the Agua Hediond Local Coastal Plan was certified by the Carlsbad City
Council on December 21, 1976. All mitigation measures
Council, and have been incorporated into this Plan. The Agua Hedionda EIR thoroughly documented and identified
potential environmental impacts, and recommended an
excellent mitigation program aimed at minimizing all
potential adverse impacts. In the process of review, the
analysis of the proposed Plan. In an academic critique c the Plan, funded by the State Coastal Commission, an analysis of the EIR states "The EIR adequately, if not
excellently, assesses the natural resource values... and
presents a reasonable analysis of impacts and mitigation
measures." 2 A report on Agua Hedionda Lagoon by the State Department of Fish and Game concludes "The EIR reflects the city of Carlsbad planning departments awaren
and concern for the areas natural resources", and further states that "The Specific Plan also enumerates thoroughly
environmental impacts that cannot be avoided if the proje
is implemented, and many sound mitigation measures for th impacts identified. " 3
recommended in the EIR were accepted by the Carlsbad City
EIR was well received and considered to be a thorough
2 Onuf, Christopher. Guidelines for the Protection of the Natural Resources of Ca'lifornias Wetlands. University of California, Santa Barbara. May, 1979. P. 1-12.
3 Bradshaw, Jack. The Natural Resources of Agua Hedionda
Lagoon. U.S. Fish ana Wildlife Service. San Diego, Californi
June, 1976, P.8.
-9-
11 'I a e 1. CHRONOLOGY OF EV~NTS RELATING TO AGUA HEDIONDA SPECIFIC DLA:
December 2, 1975. City Council hearing. Carlsbad City Councj
endorses preparation of Agua Hedionda Specific Plan (AHSP).
January 1 , 1976. Coastal Commission allocates $16,000 grant t city lror preparation of Aqua Hedionda Specific Plan.
February 3, 1976. City Council hearing. City Council approvf agreement between city and Coastal Commission for PreDaration
Agua Hedionda Specific 2lan.
June 6, 1976. Draft Environmental Impact Report (EIR)
completed.
"
June 8, 1976, Draft EIR circulated for public review and
cornmen t .
August 4, 1976. Draft EIR Completed.
August 11 , 1976. Agua Hedionda Specific Plan completed.
Planning Commission public hearing; no action taken.
August 18, 1976. Special Planning Commission hearing on
Specific Plan and EIR. No action taken.
August 25, 1976. Planning Commission hearing; public comment received on Agua Hedionda Specific Plan and EIR. No action
taken; item continued.
September 8, 1976. Planning Commission public hearing. No
action; item continued.
September 20, 1976. Planning Commission public hearing. No
action; item continued.
October 13, 1976. Planning Commission public hearing.
Recommended certification of EIR and approval in concept of Specific Plan.
October 26, 1976. City Council hearing. Discussion and pub1
input regarding Agua Hedionda Specific Plan and EIR. No acti taken; item continued.
November 6, 1976. City Council hearing. Discussion of Agua
Hedionda Specific Plan. No action taken; item continued.
November 13, 1976. City Council hearing. Discussion of Aqua
Hedionda Specific Plan. No action taken; item continued.
November 23, 1976. City Council hearing. Staff directed to
prepare final draft of Aqua Hedionda Specific Plan. No actio
tzken.
-51-
.I a. e e December 7, 1976. City Co.unci1 hearing. Staff directed to
provide additional information. No action taken.
December 21, 1976. City Council hearing. City Council
certified Agua Hedionda EIR, approved Aqua Hedionda Specific
Plan in concept, and directed staff to forward Councii
recommendation to Coastal Commission.
May 20, 1977. Aqua Hedionda Specific Plan submitted to Coasta: Commission.
October 6, 1977. Regional Coastal Commission accepts Aqua Hedionda Specific Plan for processing.
October 28, 1977. Regional Commission hearing. Commission
staff identifies major issues. Commission staff directed to
contact State Lands Commission regarding public trust issue. 1 action taken.
November. 11 , 1977 . Regional Commission hearing. Final
Commrsslon staff recommendations presented. No action taken.
December 16, 1977. Regional Commission hearing. Commission staff recommends adoption of Aqua Hedionda Specific Plan with conditions of approval. No action taken.
December 23, 1977. Regional Commission hearing. Commission
approves Aqua Hedionda Specific Plan with 23 conditions of
recommendation).
January 6, 1978. Regional Commission approval of Aqua Hediond
Specitlc Plan with conditions forwarded to State Commission.
February 8, 1978. City Council hearing. Staff directed to
transmit letter to State Commission appealing several of the
conditions imposed by the Regional Commission.
February 14, 1978. State Commission hearing. Substantial iss
(issues which may conflict with the Coastal Act) identified.
action taken.
March 14, 1978. State Commission hearing. No action taken.
April 18, 1978. State Commission hearing. Commission staff recommends approval of Agua Hedionda Specific Plan, with
approval (including modifications to Commission staff
conditions. No action taken,
May 15, 1978. State Commission hearing. Commission certifies
Agua Hedionda Specific Plan with 31 conditions of approval.
June 12, 1978. State Commission action on Aqua Hedionda
Specific Plan transmitted to city.
February 27, 1979. City Council hearing. Council reviews A~L Hedlonda Specltic Plan conditions of approval.
-52-
a. 4. 0 e
"" ". -
posltlor - - ii
Marrh 3. 1979. City Council hearing. Council establishes
1 on Aqua Hedionda Specific Plan conditions of approval.
March 8, 1979. City Council's position on Agua Hedionda
Specific Plan conditions, and proposal to establish a
negotiating committee forwarded to State Commission.
June 5, 1979. City Council hearing. Council selects two members, Mayor Packard and Councilwoman Casler, to represent city on Agua Hedionda Negotiating Committee.
July 6, 1979. Negotiating Committee, including City and Coast;
commission staff are representatives, meets in Carlsbad.
August 15, 1979. Members of City and State Commission staff
meet in Carlsbad. Commission staff to redraft conditions of
approval pursuant to City/Commission discussion.
November, 1979. Revised conditions of approval sent to State Commission tor review. State Commission staff informs Region, Commission staff that redraft is unacceptable.
March 26,-1980. Members of City and Regional Commission staff
meet in Carlsbad. Tentative agreement made on majority of Agu Hedionda Specific Plan conditions of approval,
April 9, 1980. Revised conditions of approval transmitted to
city from Regional Commission staff.
June 30, 1980. Members of City, State and Regional Commission staffs meet in Carlsbad. Commission sends new staff representatives, and articulates new position on conditions of approval. Conditions of April 9, 1980, reviewed, and issues
requiring further negotiation were identified.
July 22, 1980. Members of City, State and Regional Commission staif meet in San Diego. Agua Hedionda Specific Plan conditions, redrafted by State Commission staff, were reviewed
November 20, 1980. Members of City, State and Regional
Commission staffs, and Negotiating Committee representatives
meet in San Diego. State Commission staff to redraft conditic
per negotiating committee discussion, and transmit to city,
December 18, 1980. City receives State Commission staff redra
of Agua Hedionda Specific Plan conditions of approval.
September , 1981. City staff begins redraft of Agua Hedionda
Specific Plan, incorporating City Negotiating Committee positi on conditions of approval.
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(I. a 0 1
Chapter 11.24
AGUA HEDIONDA
LAGOON*
sections:
11.24.005 Application.
1124.010 Definitions.
11.24.015 Special use -Agua
11.24.020 Lagoon use permits.
11.24.030 Maximum vessel speed limit.
11.24.035 Operation of vessels at night.
11.2.4.040 Middle lagoon.
11.24.045 Outer lagoon.
112.050 her lagoon.
11.24.055 Fishing.
1124.060 Public access.
Hedionda Lagoon.
11.24.065 Private launch ramp.
11.24.075 Maximum number of vessels on
the water.
11.24.080 Maximum vessel length.
11.24.085 Prohibited uses.
1124.095 Areas for swimming or wading.
11.24.100 Throwing waste or refuse in
water or on public access or
shoreline.
11.24.105 Aquatic special events.
1124.110 Water-skiing slalom course.
11.24.115 Ski boats and skiers.
11.24.120 Establishment of vessel transit
11.24.125 City's liability-Use of areas at
comdors.
own risk.
1124.130 Compliance with orders.
11.24.135 Boating regulations.
11.24.137 Enforcement by community
services director.
11.24.140 Constitutionality or invalidity.
mor orduwa tustory: Ords. 12%. 3033,3083.3091.3093.31 18.
3127. 3142. 3153,3154. 3161, 3213,3222 md NS-286.
1124.010 Definitions.
For the purposes of this chaprer the d
ouhed in the State Harbors and h:avi_eau
Vehicle Code and California Administrat
shall apply. (Ord. NS-292 8 1 (part), 19!
1124.015 Special use -Apua H
The entire Agua Hdonda Lagoon, con
three sections known as outer lagoon. inn1
and middle lagoon, are declared to be a SF
area and under the provisions of the Calif0
bors and Navigation Code Section 660. L
lagoon is subject to the provisions of thi
and any regulaaons adopted by the city
Lagoon.
(Ord. NS-292 0 1 (part), 1994)
112.020 Lagoon use permits.
It is unlawful to operate any type of vess
water without first obtaining an annual or te
lagoon use permit issued by the city's co
services department or a daily lagoon us
issued by Snug Harbor Marina office. TI
operator shall display the city's annual per
in the specified location at all times or po!
show upon request a valid temporary la!
permit. The following requirements shall 1
obtain a lagoon use permit:
(1 ) Permit application and hold harmle:
nity agreement shall be filled out and sig
reswnsible adult:
(2) The cumnt permit fee as establishe
city council by resolution must be paid;
(3) The fee is nonrefundable and nonm
(4) Annual permit fee is based on the
year, January 1st through December 31st :
be half-priced when purchased anytime
October 15th and December 3 1st;
(5) Annual permit fee for boardsails B
11.24.005 Application.
The provisions of Sections 11 24.010 through
1 1.24.140 apply to Agua Hedionda Lagoon. (Ord.
passive vessels eight feet or less, shall be
the established annual fee. An additional 1
permit decal may be purchased for an own
sonal use at an annual fee as established b}
council by resolution; NS-292 Q 1 (part), 1994)
337 (C
ATTACP
I/ u 1’1 -24.020 e e
(6) One daily permit fee may be credited toward
the full purchase of an annual permit, by submitting
the daily fee receipt with an annual permit applica-
tion, any time prior to October 15th;
(7) Replacement decal fee shall be set by the city
council by resolution;
(8) Repealed by Ord. NS-17;
(9) Those vessels that are requrred by Department
of Motor Vehicles to obtain vessel registration shall-
provide a copy of valid vessel registration;
( 10) Lagoon use permits are not required for
dredging, research, parrolling or maintenance by San
Diego Gas and Electric Company and their
designees. ((3rd. NS-292 0 1 (part), 1994)
1124.030 Maximum vessel speed limit.
It is unlawful to operate a vessel at speeds in
excess of forty-five miles per hour except pursuant
to a special operations permit issued by the chief of
police upon authorization of the city council subject
to such terms and conditions as the city council
deems necessary. (Ord. NS-292 8 1 (part), 1994)
11.24.035 Operation of vessels at night.
Between sunset and sunrise the following day, no
person shall operate a vessel at speeds in excess of
five miles per hour. (Ord. NS-292 $ 1 (part), 1994)
11.24.040 Middle lagoon.
The middle lagoon, including the water area
between Interstate 5 and the railroad tracks, is for
use by passive vessels. It is unlawful to operate a
powered vessel at any time on the middle lagoon
except by safety, maintenance or research personnel
without written authorization by San Diego Gas and
Electric Company or their representative. (Ord. NS-
292 !j 1 (part), 1994)
11.24.045 Outer lagoon.
The outer lagoon, including the water area be-
tween Carlsbad Boulevard and the railroad tracks,
is limited to use by San Diego Gas and Electric
shorehe in posted areas. It is unlawful to oper
any power or passive vessel in the outer lag
without written approval by San Diego Gas 2
Electric Company except for the purpose of mak
a rescue or conducting safety service operatic
including search and recovery. Lagoon use pern
cannot be- issued by the city for use of the OL
lagoon. (Ord. NS-292 $ 1 @art). 1994)
11.24.050 Inner lagoon.
The inner lagoon, including all water areas e
of Interstate 5, shall be subject to the follow
(1) Separate areas are established for use
powerboats, personal watercraft and passive vessc
with boat corridors adjacent to the shorelines
transit to and from these separate areas.
(2) Personal watercraft shall be limited to us(
Snug Harbor, between the north side of the sand
and the boat corridors along the north, east and u
shorelines. Personal watercraft will maintain a co
terclockwise pattern when in their area. A per:
may not operate nor give permission to operat
personal watercraft for the purpose of towinl
person on water skis, aquaplane or similar devi
For the purpose of the Agua Hedionda Lago
the definition of a personal watercraft is a Clas!
(A) Has an inboard motor which uses inter
combustion engine powering a water jet pump as
primary source of motive propulsion;
(B) Is designed with the concept that the ope=
and passenger ride on the outside surfaces of
vessel as opposed to riding inside the vessel;
(C) Has the probability that the operator and F
senger may, in the normal course of use, fall o\
board;
(D) Is designed with no open load carrying a
(E) Is rated for a maximum of two persons.
(3) Powerboats shall be limited to use in
middle area of the inner lagoon, between the sa
regulations all year round
vessel (under sixteen feet) which:
which would retain water; and
-
Company and those activities specifically approved side of the sandbar, the north shoreline boat cc
in writing by San Diego Gas and Electric Company dors and the passive use area; powerboats SI
including marine research and fishing from the west
(carisbad 2-95) 338
". 0 0 11
maintain a counterclockwise aaffic pattern when in
the power vesseI area
(4) Passive vessels and boardsails shall be limited
to use in the eastern end of the inner lagoon. within
the passive use area. (Ord. NS-292 9 1 (part), 1994)
1134.055 Fishing.
vessel shall be limited to the passive use area; fish-
ing from a power vessel shall be limited to the
powerboat area It is unlawful to cast fishing lines
into any boat corridor or in the traffic pattern of
water-ski boars and skiers. (Ord. NS-292 9 1 (part),
1994)
1124.060 PubIic access.
Fishing from the shoreline or from a passive
All public accesses are subject to the following
year-round regulations:
(1) Open for walk-in traffic only, from sunrise to
sunset; it is unlawful to drive a motorized vehicle
on a public access when posted for walk-in traffic
only; (2) Passive vessels with a valid city permit may
be launched at any public access;
(3) It is unlawful to launch a motorized vessel
from any public access. (Ord. NS-292 Q 1 @art),
1994)
11.24.065 Private launch ramp.
Snug Harbor Marina is a privately owned and
operated launch ramp. Vessels launched from Snug
Harbor shall be subject to the following regulations
and procedures all year-round:
(1) Powerboats, personal watercraft and passive
vessels shall transit through Snug Harbor Marina
area within the west and east boat corridors at a
speed not to exceed five miles per hour.
(2) The west boat corridor is limited to traffic
headmg southeast to transit from the marina to the
powerboat area
(3) The east boat corridor is limited to traffic
heading northwest returning to the marina and to
Bristol Cove, personal warcraft and passive vessels
going to and from the designated use areas. (Ord.
NS-292 0 1 @art), 1994)
11.24.075 Maximum number of vessel
the water.
The maximum number of passive and
vessels (excluding personal watercraft) us
water in their designated use areas ar any o
shall not exceed thuty vessels per area. Th
mum number of personal watercraft using
sonal wakrcraft area at any one time shdl
ceed twelve. The maximum number of bo:
using the passive use area at any one time s:
exceed twenty. (Ord. NS-292 0 1 (part), 19
1124.080 Maximum vessel length.
The maximum vessel length allowed in tl
lagoon, excluding rescue, research and main
vessels, shall be twenty-one feet or less for
vessels and eighteen feet or less for passive 1
(Ord. NS-292 9 1 @art>, 1994)
11.24.085 Prohibited uses.
The city reserves the right to limit the 1
vessels and aquatic uses of the lagoon. The 1
ing type of vessels or uses are not &ow&
lagoon:
(1) Parasails;
(2) Hovercraft (except for official use);
(3) High profile cabin cruisers;
(4) Motorized surfboard-like vessels:
(5) No aircraft shall land on takeoff frc
water or public shoreline and public accesse
(6) No aquatic vessel racing is allowed ex1
authorized by city council in accordance wit
tion 11.24.105:
(7) No mooring a vessel except in an a
designated;
(8) This section is not intended to apply
Diego Gas and Electric Company, the state, c
city or other political subdivision of the sta~
city does not intend to regulate maintenance,
ing, research, patrol utility and other vessels
rized by San Diego Gas and Electric Compa
uses in the lagoon. (Ord. NS-292 $ 1 @art),
1124.095 Areas for swimming or wadi
No swimming or wading from shore sh
339 (&kt
I -1 1.24.095 0 0
permitted in the lagoon except as authorized in
writing by San Diego Gas and Elecnic Company in
the middle and outer lagoon (Ord. NS-292 $ 1
(part), 1994)
1124.100 Throwing waste or refuse in
water or on public access or
shoreline.
It is unlawful to place waste or refuse of any kind
in the water, on the shoreline or public access ex-
cept in designated waste or refuse containers. (Ord.
NS-292 5 1 (part>, 1994)
1134.105 Aquatic special events.
Boat races, ski meets, boat parades or other
aquatic special events on the water shall be held
only by the specific authorization of the city coun-
cil. Such authorization shall be by the city council
for each meet, race or special event authorized. The
city council in approving such event may impose
conditions and establish special regulation as the
council deems necessary. ((3rd. NS-292 3 1 (part),
1994)
11.24.110 Water-skiing slalom course.
The privately owned and maintained slalom
course, open for use by the public, may remain in
Agua Hedionda Lagoon subject to removal when
directed by the city council. The overall slalom
course area located parallel to the southeastem
shoreline within both the powerboat area and pas-
sive use area is one thousand eight hundred fifty
of rhe slalom course, as defined by marker buoys.
The following shall apply when daylight savings
time is in effect (April through October): The course
may be used in two directions between sunrise and
ten a.m. daily. After ten am. the course will be
closed and unlawN to use. Each pass made through
the course, when closed, shall constitute a new and
separate offense. Between sunrise and ten am. daily,
powerboats and sluers shall comply with the follow-
ing procedures:
(1) No vessel may enter through the slalom
course area when another vessel is towing a skier.
feet long and no more than one hundred feet north
~Grl.M 10-94)
(2) Only one boat at a time may use the course
Other boats wishmg to use the course will sit ar i
safe distance at the west end of the designated sla
lorn course area A skier may take a maximum 0
four passes through the course. A boat completin,
its passes should remeve its skier and proceed B
wakeless speed to the waiting area. south beach o
powehat area The next boat in line may proceec
to the starting area and begin pulling their sluer. Fo
the purposes of this chapter. the definition of a pas
shall be one round trip through the course.
(3) If your skier falls during a pass, the boa
must return at a safe speed to pick up the skier
Each skier is allowed two falls per pass. A failec
atxempt to get up is to be considered a fall.
(4) It is unlawful to pull more than one she
within the boundaries of the designated slalon
(5) The city reserves the right to terminate use ol
the slalom course by any vessel or skier at any time
based on safety and liability concerns.
(6) In the event of any dispute or question as to
what constitutes a safety or liability concern, the
decision of the city shall be binding and conclusive.
When pacific standard time is in effect (Novem-
ber through March), all of the aforementioned sla-
lom course rules shall remain in effect with the
exception of the time restriction (Ord. NS-292 5 I
(part), 1994)
1134.115 Ski boats and skiers.
come am
Ski boats and skiers shall comply with the fol-
(1) Ski boats shall maintain a counterclockwise
panem in the powerboat area
(2) No ski boat shall enter the partem at more
than a forty-five degree angle.
(3) Water shers will start from deep water. south
of the sandbar, or from the south beach shoreline;
no takeoff or drop-off allowed in Snug Harbor Ma-
rina at any time.
(4) Takeoff fraffic shall standby until the way is
safe and clear before starting.
(5) All drop-offs shall be done parallel to the
shoreline: the ski boat shall not “hook,” instead it
lowing rules and procedures:
340
0, E. 0 0 11.
shall remain parallel to the shoreline; once the skier
drops off, the slu boat shall stop, draw in the
towline and when safe, make a small wakeless
counterclockwise turn back to the desired beach
location.
(6) The maximum number of towlines used be-
hind any one vessel shall be two; the maximum
number of sluers behmd any one vessel shall be
(7) When towing two skiers and one skier falls,
the second skier shall let go of the towline. The ski
boat shall then follow established procedure and
safety precautions for skier pick-up and takeoff pro-
cedures.
(8) Towing of any object or aquatic device (ex-
cluding water skis) is subject to approval by the
city, in advance, and when approved, such use shall
comply with the requirements of this section.
(9) No boat shall pull into the beach with ski line
dragging behind.
(10) Boat and other water vehicle racing is pro-
hibited unless approved in accordance with Section
two.
11.24-105. (Ord. NS-292 0 1 (part), 1994)
11.24.120 Establishment of vessel transit
comdors.
When buoys are- placed out from the shoreline to
establish vessel transit comdors, it is unlawful to
travel on the shore side of such buoys except for the
purpose of transit from one area to another at speeds
not to exceed five miles per hour. No towing of any
aquatic device or person is allowed between the
buoys and the shoreline. No water ski takeoff is
permitted in the boat comdor, between the buoys
and the shoreline. (Ord. NS-292 8 1 (part), 1994)
11.24.125 City’s liability-Use of areas at
own risk.
The city declares its purpose in adopting this
chapter is safe conduct among the users of the Agua
Hedionda Lagoon. The city council does not expand
its liability, if any, for accidents or injuries sustained
by the public user of such aquatic areas. Any person
utilizing aquatic areas does so at their own risk.
(oid. NS-292 8 1 (part), 1994)
11.24.130 Compliance with orders.
It is unlawful for any person to refuse to
or comply with the boating regulations a
pursuant to Section 11.24.135 or with any
sign, order, warning signals or other lawful di
of the lagoon pan01 or a lifeguard except
purpose of making a rescue, or for any perso
out lawful authority to deface, injure, knock
or remove any sign or warning placed for tk
pose of enforcing the provisions of this c
(ord. NS-292 5 1 @art), 1994)
1124.135 Boating regulations.
boating regulations for Agua Hedionda I
including, but not limited to, regulations fol
ski takeoff and drop-off areas and access
middle and inner lagoon water. All users
lagoon shall comply with these rules. (Ord. fi
The city council may by resolution es
§ 1 @art), 19%)
1124.137 Enforcement by community
services director.
(a) The community services director, recl
superintendent, aquatic supervisor and Lagoon
Specialists are deputized by the director pursl
subsection (b) of this section and are auth
pursuant to Penal Code Section 836.5 to anr
person without a warrant whenever said ern
has reasonable cause to believe that the persor
arrested has committed an infraction or misde
or in said employee’s presence which is a vic
of this chapter.
(b) The community services director may
tize the recreation superintendent, aquatic sup
and lagoon patrol specialists to exercise the
of arrest described in subsection (a) of this s
if the employee has completed an introd
course of training prescribed by the Commiss
Peace Officers Standards and Training pursu
Penal Code Section 832. Nothing in this cl
authonzes any employee in the community se:
department to cany a firearm. (Ord. NS-29:
1994)
341 (call
*I : 1 r.24.140 0
11.24.140 Constitutionality or invalidity.
If any section, subsection, sentence, ciause or
phrase of this chapter is for any -on held to be
invalid or unconstitutional, such invalidity or uncon-
stitutionality shall not affect the validity or constitu-
tionality of the remaining sections, and each section,
subsection, sentence, clause and phrase hereof would
have been prepared, proposed, adopted, approved
and ratified irrespective of the fact that any one or ~
more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional. (Ord.
NS-292 0 1 (part), 1994)
(CPLrbacJ 2-95) 342
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JAN-13-Y I IUN Ub: ZU LI I y 1 P LHKLMU LUII Ut 3 IHK NU' """""iii) r. UL
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JANUARY 137 1997
TO: CITY kLGVAGER
FROM: Planning Director -
T;+E .zip! cz.u;'.:c!L z - e;:'./ 5,J:INAc
d ".:- . _.I*.. ..." ... >,*> cb
LAC
LETTER FROM AGUA BEDlOlVDA TJAGOON FOUNDATION
Attached for your information and the CounciI Members is a copy of a letter staff received from
the Agua Hedionda Lagoon Foundation. It was received der the Agenda Bill for the Agua
Hedionda Lagoon Study Resolution of intention was prepared and thercfore was not included as
W attduncx~t to the kgenda Bill. The Foundation has been provided with a copy of the Agenda Bili.
MICHAEL J. HOLZMILLER
Attachment
JHN- 13-Y I HUN u8 : 28 i;l I& LHKLSHAU LUII Ut: tHK N"' '""@ r, UJ
,r(
January 9 7
AGUA HEDIONDA
I997
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bb, Michael Hdt7miIler
PIanning Director
Community Development
2075 Las Palmas Drive
Czfsbad, CA 92009- IS76
SlJBECT: Aqua Hcdionda Lapon - Local Coastal Ylan (LCP)
Dear Mi. HoltaailLer:
On behdf of the Agw Hedionda Lasoon Foundation (.A€&F), i would Iike to
Foundation regarding the Agua Hedionda Lagum LCP. This letter is a follow-up
to OUT initid letter to you dated March 1 S3 1996; our September 9, I996 letter to
City Council; the recent lagoon workshop chaired by Gary Hill on October 3 I,
1996; and subsequent meerings with you and your sta!T
We ta5rc this opportunity to provjde you with more specific comments on changes
we feel should be considered in your rcview of&c Apa Hedionda .Lagoon LCP
document. We urge You to mdaale and update the LCP as requird by the
Coasbl Act. In doing so, I- quest you look ar all items impacting the entire
lapon md not simply the South shore area.
The AHLF endorses the Coastal Act Policies identified in the LCP and feeis it is
important that this special resource has a comprehensive document that looks at
the area as a whole. Howevcr, we are very uncomfortable with the fact that the
pial has gone so many years with no evaluation as required by the Coastal Act.
Page 20 of the LCP StSte~ (L The Coastal Ad requira an evaluation of the
plan fur effectiveness and the impact of changing conditions, at least every
five yeam.,". To our hawledge, this ?,CY has not been rm-iewetl or
amended since it's adoption in 1382. Fahennore, this policy document. has
existed for over fourtem years without any impfementing ordinances to support it.
express my appreciation lo you and your sraf'f for the time sgent with OUT
r
A CaliFomia Nonprofit Corporation Since March 1990
P.O. Bas e (hisbad, CA 92018 +&-
JAN-] 3-97 [ON 08: 28 C IT" F CARlSBAD COMM DE
,+ , d FAX No* 430Qib
,_
P, 04 -
RC fulfowing is a list of concrrns and wgsvsted cix.mga 10 the ~cp. The
following sdbn titles, pnge numbus and paragraph EfcEnceS ~~pp~d 10 those listed in the LO.
a Background
On pages 7,8, and 9, the document reviews soak and poiicies on many afthe
sections of the General Plali. Since many elements of the General Plan have ken
updated, ths section needs to bc reviewed for consistency with the cumnt
General Plan.
rn-LanJ use
On Page 13, the first paragraph states there is saiIing in thc middle lagoon.
Although this type of activity may be desi&le, tk private concessionaire, North
County YMCA, does not offer this type oFreereation under its cumnt myam.
On Page 16, sation X,6 sates To enbancc public recreation activities, the area
between Snug €!hrbor and Hoover Street shdl be designated RC, for recreation
commercial use". lhis area has she been partidly developed as residential.
Sirm no other area was re-dcsigmted RC at the time of the residential approval,
it appem that it is in canflict with the Coastal Act Policy 30724 listed on pasf:
39. The LCP should be updated to reflect tkL new RC area.
On page 14, the map necds to be updated U) reflect the Land Use change. AH
rcfcmces tu the RC Land Use designadon in the am surrounding Hwver Street
needs to be updated
Section 2. Ap-culture
In general, tbis document appears 10 be missing key points regarding the overdl
impact agriculture has on the lagoon. Only through gd agriculture practices
thc 1aS-n be minimized. "he discussion md plicy statements in this section
should be updated to reflect this point. ~
Page 19, the last paragraph under the discussi,on section, the stalemm is ma&
that thc area is contiguous uirh other large agriculture lands to the south and east.
Those areas are now under dwefopment as part of the Carlsbad Ranch Specific
Pian. Duc tu this recent cbeiopment and the pmpscd Golf Come on a portion
ofthis Iand, Policy 2.2 and 2.3a appear to be in conflict and thus in need of
review and amendment.
and p'oper land stewarkhip, will the potentia! hamfid effects agncuftm has OR
JAN-13-97 MON 08:29 CITY F CARLSBAD COIM DE 9 FAX No1 43a0&
P, 0: _-
“. .-
SeCtloz~ 3: Environment
Oil page 24 3. la slates that. .. “Fencing shstll be required to prevent uncontrolled
access of persons of domestic ammais into the wetland of envirunmenwi sensitive
areas’’ .... Since ?here is no imptanentine, 0&3nce to support this, the wctlands
area fencing has been in a state of disrepair for years now and unauthorized
access has tfueatened the “environmentally sensitive” areas.
Section 4. Geologic llazards
Discussions on page 27 talks about soit erosion and sedimentation into the
lagoon. It states that the principie .murcc of sedimentation is beach sand emenng
the Xagwn mouth. That may be true For the outer lagoon, but tho; inna lagocm has received immense sg&nentation caused by emion hm tk djacent agriculture
areas to the south and development aad run-off fram the east. Discussim and
poiicy items in this section should updatcd to reflect rhis point.
section 5. Public Works
3ecmsc the Coastal Act‘s basic pais is to protect maintain and restore the
ovrrnIi qualiry of the coastal zone environmenf this secliun should inciude
policies reprdingtbe protection and enhancement oftbc lagoon’s water quality. erosion controi, the operation of the City’ Sewer Master Plan and the City3
dons 10 meet the National Pollution Discharge Efinatiicsn Systems all need to be
discussed in this section to show how water quality in protected.
This section should also be updated with cmcnt information on Cannon Road
Cannon Road alipent.
’ improvemenb. Thc map on page 33 needs to be updated to reflect the actual
Section 6; Recrearion
Policy 6.4 needs to be updated to reflect the zoning change in the Hoover Street
arm from RC to Residential. However, to be consistent with Coastal Act PolicieS
30222 and 30224 and the various LCP plicies rebqrding the encouraged use and
expansion of public recreation kcililies, rhe LCP should be updated to reflect
where the new RC mning is to be located.
JAN-13-97 flOH 08; 29 CIT F CARLSBAD COMI DE
1, .J. ;cE FAX Noa 4300@ .-
P, Ot
Section 7: Shoreline Access
In gcned, most p3icics and maps in this don arc in conflict with the more
current, 1992 Open Spacc and Corservarion Resource M-mt Plan
(OSCRMP]. Aithough the OSCRMP has nut been aflicially adopted yet, it went
though much more recent citizen-based workshops and reviews. In addition,
studies regarding South Shore tmis and access were done prior tQ th$ mfsbad
k3RCh SwCifil! Plan, which obviouSiy now has an impacr. Thus, dl maps and
policy statements in this section need to be revised to ~c,fl@t fie up&d plans.
The second pmgmph on page 42 discusscj the Fish Hatchery Trail becoming
more popular. However, witbout the nv impkmentmg ordinaries, it has
still not bem officially dedicated.
Section 8: Visual Rcwmces
Since the adoption of the LCP, various typts of sips have spmg up on and
wound the lagoon. There is no implementing ordin- to regulate the types of
sip pemtted in the LCP as stated on Page 50,8.5.
As you can see, there are many issues listed in the cmt ZlCP thas appear to be
inconsistent andior in conflicl with more recent plans and development in the
=. The i~~ues impact be atire lagwn, not jug the South Short!. Making t~
clzaPtge to even one area in the LC.. witflour hoking at the entire plan can be
defrimenraf to preserving the overall imegrity of fhe iiqpon and thus nega the
originai in~enz of the LCP.
We urge you to evaluate and update the LCP as required by the Coastal Act In
doing so, we requtst yuu look ar all items impacting the entire lagoon and not
smply the South shore m. Furthermore, we reqmt you pue the necessary
implementing ordinances which are muired as the second component of the LCP
bncereiy ,
onda Iagoon Foundation
CC: City mer
Mavor Lewis and Council Membcrs
AHLF Directors
0 e
Barbara Hunt Mead
4140 Adams Street
Carlsbad, California 92008
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SDGE San Diego Gas & Electric
AN ENOVA COMPANY
P 0 BOX 1831 * SAN DIEGO. CA 92112-4150 * E19i536-1585 * FAX 519/595-4611
DONALD E. FELSINGER
PRESIDENT AND
CHIEF EXECUTIVE OFFICER
January 14,1997
The Honorable Mayor Claude A. Lewis
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92009
and Councilmembers
Re: Resolution of Intention to Conduct Land Use Study for the
South Shore of the Agua Hedionda Lagoon (the “Lagoon Property”)
Dear Mayor Lewis and Councilmembers:
San Diego Gas & Electric Company (SDG&E) was dismayed to receive the
proposed Resolution of Intention to be considered at the Council’s meeting of January 14.
Please place this letter in the public record as a reflection that SDG&E opposes and
vehemently objects to the proposed Resolution of Intention.
As you are aware, by letter dated September 10, 1996, (a copy of which is
attached) SDG&E strongly objected to the Resolution of Intention relating to the Lagoon
Property which was before the Council at that time. The current Resolution of Intention
appears to be even more conclusory in its approach than the previous one, indicating that
its purpose is to “initiate the re-designation of’ the Lagoon Property to “Open Space”.
SDG&E has been proceeding in good faith to cooperate with the City and other
interested parties in a planning process which would protect the lagoon, provide
appropriate and varied recreational opportunities to the public and continue to fulfill its
function as a cooling source for the power plant.
The City’s proposal seems to be contrary to the productive overall planning
efforts which are presently in process. SDG&E’s reluctant interpretation of the City’s
action is that this is the first step in a plan to subsequently condemn the Lagoon Property
at a price below the value of the property as it is currently zoned. Such an action would
be a clear violation of SDG&E’s legal rights and would force SDG&E into litigation
against the City. Moreover, SDG&E has reason to believe that such an effort would not
be consistent with public desires.
J. e 0
The Honorable Mayor Claude A. Lewis and Councilmembers
Re: Resolution of Intention to Conduct Land Use Study for the
January 14, 1997
Page 2
South Shore of the Agua Hedionda Lagoon (the "Lagoon Property")
SDG&E much prefers to put its efforts towards good planning of the Agua
Hedionda Lagoon area rather than protracted and expensive litigation to prevent an
unlawful taking. If a major landowner in your city is forced into adversarial positions, it
will not serve the interests of the City or its residents.
SDG&E remains eager to meet with the Council and City staff regarding mutually
acceptable, publicly-favored uses of the Lagoon Property, and will continue to work with
the Agua Hedionda Lagoon Foundation and other interested community members toward
this goal. J. G. Larkin, Director of Real Estate Operations, will contact the person who
you designate to advance that process.
Sincerely,
3-k _"_ s';F* ' -.x\..
"~-~"-.~.......I"_
"..""_ ~~ "----- "i -." " ~x "
Donald E. Felsinger
DEF/dd
d7 4, * @
The Honorable Mayor Claude A. Lewis and Councilmembers
Re: Resolution of Intention to Conduct Land Use Study for the
January 14: 1997
Page 3
South Shore of the Agua Hedionda Lagoon (the "Lagoon Property")
bcc: S. D. Davis
J. G. Larkin
M. W. Nelson
M. J. Wood
G. A. Perlmutter
* JtllY-IJ-3 I llUlY IU' LIU
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wlll~LLiullu WWllll UL ,1111 Ll", IVUVY" 1
" ff, Discussion e 1 I "L
Agriculture in the Aqua Hedionda area is dependent upon a
wide range of factors. The soil resource is not as ideal ; that in other parts of the state, but is well suited to thr existing aqricultural operations. Climate is the major factar which has determined the success of the area's aqri. tultutc since it allows praduction during months when aqriculture is precluded in competing areas. Water is a critical factor, and both direct and indirect enerqy costs
contribute significantly to agricultural costs. Labor alsc represents a substantial proportion of costs; it5 future depends to a large extent on government policies toward
undocumented aiiens. Access to certain Carlsbad' .agricultural areas is difficult during certain times of th' yeat.Improvement of acce~s wauld involve a trade-off betwc 'production gains frem better access and the potehtial fer increased vandalism.
Agricultural activities in the plan areu are limited to
south share properties. This area is contiguous with othe large agricultural lands to the south and east.
policies '
2.1 Conversion of agricultural property shall be consistc wrth Coastal Act policies, and the policies of this plan.
2.2 The south shore agricultural lands shall be designate "open space'. This area shall be zoned 'Exclusive Agriculture. in the implementation phase of the plan.
2.3 Conversion of the 45 acre SDG&E south shore property
-
d shall be subject to the following conditions:
a) Prior: to development SDGCE shall record a permanent op
space easement over the rcmainfng agricultural lands i favor of the city of Carlabad. Said easement shall limit uaes to agriculture, utility right-of-way and
maintenance, roadways, and recreation trails that do n interfere with agricultural operations.
b) SIX&& shall provide a written report demonstrating to the satisfaction of the city, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Encina Power Plant in accordance
with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan for
the property.
-19-
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JHly- 13-Y I llUN 1 u i 3u L; i r GAKL~BHI) LUNI OL ~tlx f~ q38U ' Y i)
r, u.
1,.
I' 't c) Prior to issuance of a permit for.development of the parcel, tho ownet shall mke a portion of the Site available for develooment as a public recreational L if the city finds that current ar future recreationa needs require the development of such 45% in the SO
shore portion of the Land Use Plan area.
d) In the event that the Carlsbad Local Coastal Plan Is amended to allow for a city-spansored d4riCultural
program, SDG&E may apply .for inclusion in the amender
program.
* -20-