HomeMy WebLinkAbout1998-12-01; City Council; 14959; Aviara Planning Area 19- \ % CITY OF CARLSBAD -A&A BILL
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DEPT. PLN &
AVIARA PLANNING AREA 19
SUGGESTED MODIFICATIONS
MP 177(AA)
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RECOMMENDED ACTION:
That the Council INTRODUCE Ordinance No. NS - 1/L 3 , amending the Aviara Master
Plan to incorporate the Coastal Commission’s Suggested Modifications for Planning Area 19 into the
Master Plan and LCP.
ITEM EXPLANATION:
On January 6, 1998, the City Council approved an amendment to the Aviara Master Plan pertaining
to the Aviara Phase III North land use change, located in Planning Areas 18, 19 and 20. Since the
Aviara Master Plan serves as the implementing ordinance for that portion of the City’s Local Coastal
Program (LCP) within Aviara, the Council’s actions included an amendment to the LCP. This LCP
amendment was approved by the California Coastal Commission on June 9, 1998, with suggested
modifications. All but one of the modifications dealing with Aviara Phase II North were incorporated
into the local regulatory documents through Council action on July 21, 1998.
The one suggested modification which was not incorporated dealt with fire suppression regulations
for all native habitat surrounding Planning Area 19. This modification was previously deemed
inapplicable by City staff since Planning Area 19 is completely surrounded by development. Staff
discussed this inapplicability with the Coastal Commission and submitted supporting documentation.
Early indications lead staff to believe that the inapplicable regulation would be deleted, therefore
staff did not recommend that the modification be accepted. After the other suggested modifications
were adopted by the City, City staff learned that the Coastal Commission’s legal staff determined
that they could not adjust their approvals to eliminate the inapplicable regulation without revisiting
the entire LCPA through a subsequent application process. Therefore, staff is returning to Council
to accept the Coastal Commission suggested modification for fire suppression around Planning Area
19. While the regulation is irrelevant to Planning Area 19, it does not conflict with the previous
approvals for the Aviara Phase III North master plan amendment.
ENVIRONMENTAL REVIEW:
The proposed modifications do not affect the previous environmental determinations. The potential
impacts of the previously approved actions were already evaluated in the ElRs for the Aviara Master
Plan (EIR 83-02(A)) and the 1994 General Plan Update (MEIR 93-01). No Public Resources Code
21081 findings are required.
FISCAL IMPACT:
The modifications suggested by the Coastal Commission deal only with development standards and
physical features of the Aviara Master Plan and do not cause any fiscal impacts. As with the
previous approvals, all development fees have been, or will be paid, and all units are
accommodated in the Zone 19 Local Facilities Management Zone projections.
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PAGE 2 OF AGEND:BILL NO. jy: 9 5 7
EXHIBITS:
1. City Council Ordinance No. N % c 4 6 3
2. Location Map
3. Planning Commission Resolution No. 4409
4. Planning Commission Staff Report, dated October 21, 1998
5. Draft Excerpts of Planning Commission Minutes, dated October 21, 1998
6. Attachment “A”, Coastal Commission Suggested Modifications (I-98A) for Planning Area 19.
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ORDINANCE NO. NS-463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE AVIARA MASTER
PLAN BY THE AMENDMENT OF THE LANDSCAPE DESIGN
CRITERIA REQUIREMENTS FOR PLANNING AREA 19,
INCORPORATING THE CALIFORNIA COASTAL COMMIS-
SION’S SUGGESTED MODIFICATIONS.
CASE NAME: AVIARA PLANNING AREA 19 SUGGESTED
MODIFICATIONS
CASE NO.: MP 177(AA)
WHEREAS, the City Council of the City of Carlsbad, California has reviewed and
considered a Master Plan Amendment to provide consistency between the Aviara Master Plan
and Local Coastal Program; and
WHEREAS, the Aviara Master Plan was adopted by City Council Ordinance No.
9839 on December 22, 1987, and constitutes the zoning for the subject property; and
WHEREAS, the Aviara Master Plan has been amended a total of twenty times
since original adoption, most recently for MP 177(Z) through City Council Ordinance NS-453 on
July 21, 1998; and
WHEREAS, the City of Carlsbad acknowledges receipt of the California Coastal
Commission’s resolution of certification including suggested modifications for the Aviara Master
Plan as set forth in this resolution; and
WHEREAS, after procedures in accordance with the requirements of law, the
City Council determined that the public interest indicates that said plan amendment be
approved.
NOW, THEREFORE, The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION I: That the Aviara Planning Area 19, “Landscape” section (page 141)
be revised to read as follows:
Landscape
A fire suppression zone subject to the approval of the Planning Director and Fire
Marshal shall be established between native areas and structures. The fire
suppression plan should incorporate structural setbacks from native areas in
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combination with a program of selective thinning of native vegetation as indicated
in the “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated
Native Plant Communities” provided no portion of Zone 1 as defined in the
“Guidelines” shall encroach upon deed restricted open space areas required as
part of the approval of the Master Plan. All elements of the fire suppression plan,
including the location of zone boundaries and selective thinning programs shall
be subject to approval of the Planning Director. Any deviation from the “Fire
Suppression Landscape Guidelines” shall be the subject of future local coastal
program amendments.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
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published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall nof be
effective within the City’s Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 1998, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the of day 1998, by the following vote, to wit:
AYES:
NOES:
18 ABSENT:
19 ABSTAIN:
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22 CLAUDE A. LEWIS, Mayor
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24 Al-TEST:
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26 ALETHA L. RAUTENKRANZ, City Clerk
-2-
AVIARA P. A. 19
SUGGESTED MODIFICATIONS
MP 177(AA)
EXHIBIT 3 (
1 PLANNING COMMISSION RESOLUTION NO. 4409
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A MASTER PLAN AMENDMENT BY THE
AMENDMENT OF THE LANDSCAPE DESIGN CRITERIA
FOR PLANNING AREA 19, INCORPORATING THE CALI-
FORNIA COASTAL COMMISSION’S SUGGESTED MODIFI-
CATIONS FOR PROPERTY GENERALLY LOCATED ON THE
NORTHEAST CORNER OF POINSETTIA LANE AND
AMBROSIA LANE IN LOCAL FACILITIES MANAGEMENT
ZONE 19.
CASE NAME: AVIARA PLANNING AREA 19 SUGGES-
TED MODIFICATIONS
CASE NO: MP 177(AA)
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WHEREAS, the Planning Commission of the City of Carlsbad, California has
reviewed and considered an application for a Master Plan Amendment to provide consistency
between the Aviara Master Plan and the City’s Local Coastal Program; and
WHEREAS, said application constitutes a request for a Master Plan Amendment
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as shown on Exhibit “X”, dated October 21,1998, attached hereto and made a part hereof; and
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WHEREAS, the Aviara Master Plan was adopted by City Council Ordinance
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No. 9839 on December 22,1987, and constitutes the zoning for the subject property; and
WHEREAS, the Aviara Master Plan was amended through the approval of the
Aviara Phase III North land use change, MP 177(U) through City Council Ordinance No.
NS-440 on January 6,1998; and
WHEREAS, the City Council approved Local Coastal Program Amendment
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24 LCPA 97-06 concurrently with the Aviara Phase III North master plan amendment; and
25 II WHEREAS, on June 9, 1998, the California Coastal Commission approved said
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Master Plan Amendment and Local Coastal Program Amendment with suggested
modifications; and
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WHEREAS, the City of Carlsbad acknowledges receipt of the California Coastal
Commission’s resolution of certification including suggested modifications for the Aviara
Master Plan as set forth in this resolution; and
WHEREAS, acceptance of the California Coastal Commission’s suggested
modifications is necessary to comply with the California Coastal Act and California
Administrative Code; and
WHEREAS, the Planning Commission did on the 21st day of October, 1998,
hold a duly noticed public hearing as prescribed by law to consider said Coastal Commission
suggested modifications; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Master Plan Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
W That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of AVIARA PA 19 SUGGESTED MODIFI-
CATIONS (MP 177(AA)), according to Exhibit “X”, dated October 21, 1998,
attached hereto, based on the following findings:
Findinps:
1. The California Coastal Commission’s Suggested Modifications, as shown in Exhibit
“X”, October 21, 1998, attached hereto, are consistent with the City of Carlsbad’s
Local Coastal Program in that they protect sensitive coastal resources from
degradation due to fire suppression for residential development.
2. The acceptance of the proposed Suggested Modifications is necessary to effectuate
the Local Coastal Program Amendment, in accordance with Section 13544.5 of Title
14 of the California Code of Regulations.
PC RESO NO. 4409 -2- pi
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3. That the proposed master plan amendment is necessary to retain consistency
between the Aviara Master Plan and the implementing ordinances for the City’s
Local Coastal Program.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 21st day of October 1998, by the
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Heineman, Monroy,
Nielsen, and Savary
NOES:
ABSENT: Commissioner Welshons
ABSTAIN:
: .: BAILE-Y NOQLE,Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MIp/,&;6f&&-
Planning Director
PC RESO NO. 4409 -3-
EXHIBIT 4
me City of CABLSBAB Planning Department A REPORT TO THE PLANNING COMMISSION@
Item No. 0 1
P.C. AGENDA OF: October 21,1998
Application complete date: n/a
Project Planner: Michael Grim
Project Engineer: n/a
SUBJECT: MP 177&Q - AVIARA PLANNING AREA 19 SUGGESTED MODIFICA-
TIONS - Request for a Master Plan Amendment to incorporate the Coastal
Commission’s Suggested Modifications for Planning Area 19 into the Aviara
Master Plan and LCP Implementing Ordinances.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 4409, RECOM-
MENDING APPROVAL of Master Plan Amendment MP 177(AA), based upon the findings
contained therein.
II. INTRODUCTION
The proposal involves the adoption of the California Coastal Commission’s Suggested
Modifications to the Landscape design criteria for Planning Area 19 in the Aviara Master Plan.
The modifications are required to be accepted by the City in order to effectuate the recently
approved Local Coastal Program Amendment for the Aviara Phase III North land use
amendments (MP 177(U)/LCPA 97-06). The suggested modifications contain regulations
regarding fire suppression around Planning Area 19 and raise no issues with staff.
III. PROJECT DESCRIPTION AND BACKGROUND
On January 6, 1998, the City Council approved an amendment to the Aviara Master Plan
pertaining to the Aviara Phase III North land use change, located in Planning Areas 18, 19 and
20. Since the Aviara Master Plan serves as the implementing ordinance for that portion of the
City’s Local Coastal Program (LCP) within Aviara, the Council’s actions included an
amendment to the LCP. This LCP amendment was approved by the California Coastal
Commission on June 9, 1998, with suggested modifications. All but one of the modifications
dealing with Aviara Phase III North were incorporated into the local regulatory documents
through Council action on July 21, 1998.
The one suggested modification which was not incorporated dealt with fire suppression
regulations for all native habitat surrounding Planning Area 19. This modification, as shown in
Attachment “A”, dated June 9, 1998, was previously deemed inapplicable by City staff since
Planning Area 19 is completely surrounded by development. Staff discussed this inapplicable
regulation with the Coastal Commission and submitted supporting documentation. Early
MP 177(AA) - AVIARA r’n 19 SUGGESTED MODIFICATIONS
October 21, 1998
indications lead staff to believe that the inapplicable regulation would be deleted, therefore staff
did not recommend that the modification be accepted. After the other “suggested modifications”
were adopted by the City, City staff learned that the Coastal Commission’s legal staff determined
that they could not adjust their approvals to eliminate the inapplicable regulation without
revisiting the entire LCPA through a subsequent application process.
IV. ANALYSIS
Based upon the above, there are two processing alternatives to effectuate the Aviara Phase III
North LCPA. These alternatives are based upon the fact that, in order for a LCPA to become
part of a certified LCP, the local government must formally acknowledge receipt of the Coastal
Commission’s resolution, accept and agree with any Coastal Commission suggested
modifications, and adopt said modifications within six months of Coastal Commission approval.
The first processing alternative would be to allow the existing LCPA, with it’s suggested
modifications, to lapse past the six month deadline, thereby not certifying the LCPA. The entire
Aviara Phase III North LCP must then be reprocessed through the Planning Commission and
City Council and reapplied to the Coastal Commission.
The second processing alternative, which is also staffs recommendation, would involve
accepting the Coastal Commission’s suggested modification for fire suppression around Planning
Area 19. This alternative would allow the existing Aviara Phase III North LCP to become
effectively certified within the required six month timeframe. While the proposed fire
suppression regulations are irrelevant to Planning Area 19, they do not conflict with the previous
approvals for the Aviara Phase III North master plan amendment. In addition, the proposed
modifications do not affect any other policies or programs contained in the Aviara Master Plan,
therefore the proposal remains consistent with the previous analysis for the Aviara Phase III
master plan amendment.
V. ENVIRONMENTAL REVIEW
The proposed modifications do not affect the previous environmental determinations. The
potential impacts of the previously approved actions were already evaluated in the EIRs for the
Aviara Master Plan (EIR 83-02(A)) and the 1994 General Plan Update (MEIR 93-01). No Public
Resources Code 21081 findings are required.
ATTACHMENTS:
1. Planning Commission Resolution No. 4409
2. Location Map
3. Attachment “A”, Coastal Commission Suggested Modifications, dated June 9, 1998
ATTACHMENT “A”
AVIARA PLANNING AREA 19
COASTAL COMMISSION’S
SUGGESTED MODIFICATIONS
MP 177(AA)
JUNE 9,199s
Carlsbad LCPA l-98 A&8
Page 8
ation Plan (AvdMaster PlpnILUPIIP)
11. On page 141, within Planning Area 19, under Special Design Criteria
"Landscape", the following shall be added:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural
setbacks from native areas in combination with a program of selective thinning of native vegetation as indicated in the "Fire SUDD ession . Landscaue Guidelines for Undlstu rbed and Reveoetated Native Llant Communities" provided that no portion of Zone 1 as defined in the II Guidelines" shall encroach UDO deed restricted oue space a eas eauired
as part of the gpDrova1 of the iaster Plan. All eleients of Fhe ffre uopression plan. includina the location of zone boundaries and selective
thinnina urea m shall be subject to the approval of the Planning
Director. Ant deviation from the "Fire SUDD ession LandscaDe Gu'delines . shall be the sublect o f future local coastalrproaram amendments.'
- EXHIBIT 5
DRAFT
PUBLIC HEARING:
1. MP 177(AA) - AVIARA PLANNING AREA 19 SUGGESTED MODIFICATIONS - Request for a
Master Plan Amendment to incorporate the Coastal Commission’s Suggested Modifications for
Planning Area 19 into the Aviara Master Plan and LCP Implementing Ordinances.
Commissioner Welshons requested to be excused from hearing this item, citing a remotely possible
conflict of interest in that her employer’s spouse may or may not have a connection with the land parcel in
this item. Also, her employer may or may not be representing the developer of this project.
MINUTES I2
PLANNING COMMr,JON October 21, 1950 Page 2
Assistant Planning Director, Gary Wayne, introduced this item and stated that Associate Planner, Michael
Grim, would present the staff report.
Project Planner, Mike Grim, presented the staff report and described the project as follows: This is a
request to incorporate the California Coastal Commission’s suggested modifications regarding fire
suppression around Planning Area 19, in Aviara Phase III. This is a catch-up item to previous actions
approved by this Commission. Staff has no issued with the proposal and urges approval of same.
Chairperson Noble opened Public Testimony and offered the invitation to speak. Seeing no one wishing
to testify,
Chairperson Noble closed the Public Testimony.
ACTION:
VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
Motion by Commissioner Nielsen, and duly seconded, to adopt Planning
Commission Resolution No. 4409, recommending approval of Master Plan
Amendment MP 177 (AA), based upon the findings and subject to the conditions
contained therein.
6-O
Noble, Heineman, Savary, Monroy, Compas, and Nielsen
None
None
Welshons
EXHIBIT 6
ATTACHMENT “A”
AVIARA PLANNING AREA 19
COASTAL COMMISSION’S
SUGGESTED MODIFICATIONS
MP 177(AA)
JUNE 9,1998
Carlsbad LCPA l-98 A&8
Page 8
section "Specia
rr--- 141, within PJ
sndscape", the
Special De sH&teria
11. On page 141, within Planning Area 19, under Special Design Criteria
"Landscape", the following shall be added:
A fire suppression zone subject to the approval of the Planning Director
and Fire Marshal shall be established between native areas and
structures. The fire suppression plan should incorporate structural setbacks from native areas in combination with a program of selective thinning of native vegetation as indicated in the II F ire SUppression . Landscape Guidelines for Undistu rbed and Reveaetated Native Plant
Communities" provided that no portion of Zone 1 as defined in the tt Guidelines*' shall encroach UDO deed restricted obe space a eas eauired as part of the approval of the iaster Plan. All eleients of ;he ffre . pression plan. i-ncludina the location of zone boundaries and selective thinnina proa ams shall be subject to the approval of the Planning Director. An; deviation from the "Fire SUDD ession LandSCaDe Guidelines . shall be the sublect o f future local coastalrproaram amendments,.
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NOTICE OF PUBLIC HEARING
MP 177(M) - AVIARA PLANNING AREA 19 SUGGESTED MODIFICATIONS
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public
hearing at the City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00
p.m., on Tuesday, December 1, 1998, to consider approval of a Master Plan Amendment for the
Aviara Master Plan, and more particularly described as:
Master Plan Amendment to incorporate the Coastal Commission’s
Suggested Modifications regarding fire suppression for Planning
Area 19 into the Aviara Master Plan and the LCP Implementing
Ordinances.
If you have any questions regarding this matter, please contact Mike Grim, in the Planning
Department, at (760) 438-l 161, extension 4499.
If you challenge the Master Plan Amendment in court, you may be limited to raising only those
issues raised by you or someone else at the public hearing described in this notice, or in written
correspondence delivered to the City of Carlsbad City Clerk’s Office at, or prior to, the public
hearing. The time within which you may judicially challenge this Master Plan Amendment, if
approved, is established by state law and/or city ordinance and is very short.
APPLICANT: Aviara Planning Area 19
PUBLISH: Friday, November 20,1998
CITY OF CARLSBAD
CITY COUNCIL
ARPORT
.-‘r, ,...-----A I
/I
: . . : : . : : :
AVIARA P. A. 19
SUGGESTED MODIFICATIONS
MP 177(AA)
(Form A)
TO: C1T.Y CLERIC’S OFFICE
FROM: PLANNING DEPARTMENT
RE: PUBLIC HEARING REQUEST
Attached are the materials necessary for you to notide
MP 177(AA) - Aviara Planning Area 19 Suggested Modifications
for a public hearing before the Clty Council.
Please notice the item for the COunCil me8tlng Of First Available Hearing
.
Thank you.
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