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HomeMy WebLinkAbout1998-12-01; City Council; 14959; Aviara Planning Area 19- \ % CITY OF CARLSBAD -A&A BILL AB# Ja m: MTG.12(1 19 ti DEPT. PLN & AVIARA PLANNING AREA 19 SUGGESTED MODIFICATIONS MP 177(AA) - DEPT. HD. ’ 29- CITY Al-l-Y. @ ’ ClTYMGR%& 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. . 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 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. 6 7 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 8 9 10 11 12 13 14 15 16 17 II 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: 20 21 22 CLAUDE A. LEWIS, Mayor 23 24 Al-TEST: 25 26 ALETHA L. RAUTENKRANZ, City Clerk -2- AVIARA P. A. 19 SUGGESTED MODIFICATIONS MP 177(AA) EXHIBIT 3 ( 1 PLANNING COMMISSION RESOLUTION NO. 4409 2 3 4 5 6 7 8 9 10 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) 11 12 13 14 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 15 16 as shown on Exhibit “X”, dated October 21,1998, attached hereto and made a part hereof; and 17 WHEREAS, the Aviara Master Plan was adopted by City Council Ordinance 18 19 20 21 22 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 23 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 26 27 28 Master Plan Amendment and Local Coastal Program Amendment with suggested modifications; and 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P 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 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ‘21 22 23 24 25 26 27 28 A 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,. - 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. l/8 Page Ad Please November 3, 1998 Date p\ia \+a) 9r -Jo fafw: r\ $J )9 & ly 3:oop~ CARLSBAD UNIF SCHOOL DIST SD COUNTY PLANNING CITY OF ENCINITAS 801 PINE AVE STE B 505 S VULCAN AVE CARLSBAD CA 92008 5201 RUFFIN RD ENCINITAS CA 92024 SAN DIEGO CA 92123 CITY OF SAN MARCOS CITY OF OCEANSIDE CITY OF VISTA 1 CIVIC CENTER DR 300 NORTH COAST HWY PO BOX 1988 SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 VISTA CA 92085 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY SANDAG STE 50 STE B STE 800 330 GOLDENSHORE 9771 CLAIREMONT MESA BLVD 401 B STREET LONG BEACH CA 90802 SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 LAFCO AIR POLLUTION CNTRL DIST U.S. FISH & WILDLIFE 1600 PACIFIC HWY 9150 CHESAPEAKE DR 2730 LOKER AVE WEST SAN DIEGO CA 92101 SAN DIEGO CA 92123 CARLSBAD CA 92008 CA COASTAL COMMISSION AVIARA LAND ASSOCIATES STE 200 STE 206 3111 CAMINO DEL RIO NO 2011 PALOMAR AIRPORT RD SAN DIEGO CA 92108 CARLSBAD CA 92009 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 (ABOVE ADDRESS - For City Council Notices Only) CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD MUNICIPAL WATER DISTRICT PROJECT PLANNER MIKE GRIM