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HomeMy WebLinkAbout1999-11-16; City Council; 15499; Cristalla Aviara Planning Area 23. e - CITY OF CARLSBAD -AGENDA BILL \\3 AB# 15,499 TITLE- . CRISTALLA - AVIARA PA 23 MTG. 1’ j b/99 SUGGESTED MODIFICATIONS MP 177(CC) DEPT. PLN & RECOMMENDED ACTION: That the Council INTRODUCE Ordinance No. NS-520 amending the Aviara Master Plan to incorporate the Coastal Commission’s Suggested Modifications into the Aviara Master Plan. ITEM EXPLANATION: On April 20, 1999, the City Council approved an amendment to the Aviara Master Plan pertaining to the Cristalla - Aviara PA 23 development, located north of Aviara Parkway, both east and west of Black Rail Road. 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 July 20, 1999, with suggested modifications. These modifications, shown in Attachment “A”, must be incorporated into the local regulatory documents to maintain consistency between the Aviara Master Plan and the LCP. The suggested modifications deal exclusively with more precise language regarding fire suppression around Aviara Planning Area 23. They place a reference to the Master Plan’s “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Communities” in the landscape section for Planning Area 23, tying the two documents together. These suggested modifications raise no issues with staff and all are consistent with previous approvals. The Planning Commission recommended approval of these suggested modifications at their meeting of October 6, 1999. 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 fire suppression within the Aviara Master Plan and do not cause any fiscal impacts. As with 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. EXHIBITS: 1. City Council Ordinance No. NS-520 2. Location Map 3. Planning Commission Resolution No. 4639 4. Planning Commission Staff Report, dated October 6, 1999 5. Draft Excerpts of Planning Commission Minutes, dated October 6, 1999. 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-520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSLBAD, CALIFORNIA, AMENDING THE AVIARA MASTER PLAN BY THE AMENDMENT OF THE LANDSCAPE DESIGN CRITERIA REQUIREMENTS FOR PLANNING AREA 23, INCORPORATING THE CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS. CASE NAME: CRISTALLA - AVIARA PA 23 SUGGESTED MODIFICATION CASE NO.: MP 177(CC) 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 was amended through the approval of Cristalla - Aviara PA 23, MP 177(X) through City Council Ordinance No. NS 474 on May 11, 1999; 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 Master Plan is hereby further amended by amending the portion entitled Aviara Planning Area 23, “Landscape” section (at page 161) to read as follows: II// 4 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Landscane 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 Suppression Landscape Guidelines for Undistributed and Revegetated Native Plant Communities” provided that 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. 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 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 1999, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of 1999, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKIWNZ, City Clerk mw -2- 3 EXHIBIT 2 p“- -___.. M ., ’ __ .’ *c - --._I- c -q$ .--<#Q jd -.&*~ - I;> 1.. -:;I% ,_ -’ FL- : !A!-!- 2 . . \pp@ RtJ fSLOMA>+ ; .\- .- --I _, S,fE c a -’ ‘- I ;p’-- u 2; ’ __- ‘- CRISTALLA - AVIARA 23 SUGGESTED MODIFICATIONS MP 177 (CC) 4 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 EXHIBIT 3 PLANNING COMMISSION RESOLUTION NO. 4639 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 23, INCORPORATING THE CALIFORNIA COASTAL COMMISSION’S SUGGESTED MODIFICATIONS FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF BLACK RAIL ROAD AND AVIARA PARKWAY IN LOCAL FACILITIES MANAGEMENT ZONE 19. CASE NAME: CRISTALLA - AVIARA PA 23 SUGGESTED MODIFICATIONS CASE NO: MP 177(CCl 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 as shown on Exhibit “X” dated October 6,1999, attached hereto, CRISTALLA - AVIARY PA 23 SUGGESTED MODIFICATIONS, MP 177(CC), as provided by MP 177 and Chapter 21.38 of the Carlsbad Municipal Code; and WHEREAS, on December 22, 1987, the City Council approved, MP 177, as described and conditioned in City Council Ordinance No. 9839; and amended MP 177 most recently on April 20, 1999 as described and conditioned in Planning Commission Resolution No. 4470. WHEREAS, the City Council approved Local Coastal Program Amendment LCPA 97-11 concurrently with the Cristalla - Aviara PA 23 development proposal; and WHEREAS, on August 12, 1999, the California Coastal Commission approved said Master Plan Amendment and Local Coastal Program Amendment with suggested modifications; and -. 1 WHEREAS, the City of Carlsbad acknowledges receipt of the California Coastal 2 Commission’s resolution of certification including suggested modifications for the Aviara 3 Master Plan as set forth in this resolution; and 4 c WHEREAS, acceptance of the California Coastal Commission’s suggested 6 modifications is necessary to comply with the California Coastal Act and California 7 Administrative Code; and 8 WHEREAS, the Planning Commission did, on the 6th day of October, 1999, 9 consider said request; and 10 11 WHEREAS, at said public hearing, upon hearing and considering all testimony 12 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 13 14 15 16 17 18 19 20 21 22 23 24 25 26 relating to the Master Plan Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of CRISTALLA - AVIARA PA 23 SUGGESTED MODIFICATIONS, MP 177(CC), based on the following findings: Findinw: 1. The California Coastal Commission’s Suggested Modifications, as shown on Exhibit “X”, dated October 6, 1999, 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. 27 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 28 Local Coastal Program. I II PC RESO NO. 4639 -2- 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 6th day of October, 1999, by the following vote, to wit: AYES: Vice Chairperson Compas, Commissioners L’Heureux, Nielsen, Segall, Trigas, and Welshons NOES: ABSENT: Chairperson Heineman ABSTAIN: db& WILLIAM COMPAS, Vice Chrkrrperson CARLSBAD PLANNING COMMISSION /I ATTEST: -- MICHAEL J. HOLZMtiER Planning Director 7 PC RESO NO. 4639 -3- - h The City of Carlsbad Planning Department EXHIBIT 4 A REPORT TO THE PLANNING COMMISSION -& Item No. 5 0 Application complete date: N/A P.C. AGENDA OF: October 6, 1999 Project Planner: Michael Grim Project Engineer: Clyde Wickham SUBJECT: MP 177(W) - CRISTALLA - AVIARA PA 23 SUGGESTED MODIFICA- TIONS - Request for an amendment to the Aviara Master Plan to incorporate the Coastal Commission’s Suggested Modifications for Planning Area 23 into the Aviara Master Plan and LCP Implementing Ordinances. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 4639, RECOMMENDING APPROVAL of Master Plan Amendment MP 177(CC), 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 23 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 Cristalla - Aviara PA 23 project (MP 177(X)/LCPA 97-l l/CT 97-2O/PUD 97-l 7/CDP 97-5 1). The suggested modifications contain regulations regarding tire suppression around Planning Area 23 and raise no issues with staff. (: III. PROJECT DESCRIPTION AND BACKGROUND On April 20, 1999, the City Council approved an amendment to the Aviara Master Plan pertaining to the Cristalla - Aviara PA 23 development. 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 August 12, 1999, with suggested modifications. The suggested modification dealt with increased specificity regarding fire suppression around Planning Area 23. More exactly, the suggested modifications refer to Aviara’s “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Communities” for restrictions on deed restricted open space encroachment. These guidelines were required as a condition of approval of the original Coastal Development Permit for Aviara (then the Pacific Rim County Club and Resort Master Plan). Since the original adoption of the guidelines in 1990, the Coastal Commission has been adding references to the guidelines on a planning area by planning area basis. The exact wording and location of the suggested modification is contained in Attachment 3 - Coastal Commission Suggested Modifications, dated July 20, 1999. MP 177(CC) - CRISTALLA - AVIARA PA 23 SUGGESTED MODlFICATIONS October 6, 1999 Page 2 IV. ANALYSIS The City’s fire suppression program typically involves three, 20 foot wide zones for a total of 60 feet of defensible space. The theory behind the different zones is to minimize the amount of fuel for a fire in close proximity to homes or structures. Zone 1, which is the closest to the home or structure, requires all ornamental landscaping, fully irrigated and without large trees or shrubs. Zones 2 and 3 involve selective pruning and thinning of existing low or moderate fuel vegetation and removal of high fuel species. The proposed Suggested Modifications involve a prohibition of any Zone 1 fire suppression planting or clearing within the Coastal Commission’s deed restricted coastal resource areas. While this is the current practice throughout the Aviara Master Plan, the landscape criteria for Planning Area 23 did not overtly refer to Aviara’s “Fire Suppression Landscape Guidelines for Undisturbed and Revegetated Native Communities”. The proposed modifications would provide an additional link between Aviara’s landscape guidelines and development within Planning Area 23. Since the proposed fire suppression regulations do not conflict with the previous approvals for Cristalla and do not affect any other policies or programs contained in the Aviara Master Plan, staff is recommending approval of the suggested modifications. V. ENVIRONMENTAL REVIEW The proposed amendments 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-Ol), as well as the Mitigated Negative Declaration for the Aviara Phase III Master Plan Amendment (MP 177(G)). No Public Resources Code 2108 1 findings are required. ATTACHMENTS: 1. 2. 3. Planning Commission Resolution No. 4639 Location Map. Coastal Commission Suggested Modifications, dated July 20, 1999. MG:eh 9 - ATTACHMENT A COASTAL COMMISSION SUGGESTED MODIFICATIONS JULY 20,1999 Czirlsbad L‘y L 2-99B Page 6 _ . *. ._ ,. ,. “’ I move that the Con+ission approve the City of Carlsbad Mello I Implementation Plan Amendment 2-99B if it is modified in conformance with the suggestions set forth in this staff report. Staff Recommendation Staff recommends a YES vote and the adoption of the following resolution and findings. An affirmative vote by a majority of the Commissioners present is needed to pass the motion. Resolution IV The Commission hereby approves certification of the implementation amendment, as approved with suggested modifications, to the City of Carlsbad’s Local Coastal Program on the grounds that the amendment does conform with, and is adequate to carry out, the provisions of the certified land use plan. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts, which the approval would have on the environment. PART III. SUGGESTED MODIFICATIONS The following are the suggested revisions for this amendment request. Language to be added is underlined; language to be deleted is crossed out. 1. On Page 161, within Planning Area 23, 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 Suppression Landscape Guidelines for Undisturbed and Revegetated’Native Plant Communities” provided that no portion of Zone 1 as defined in the “Guidelines” shall encroach uporl deed restricted open space areas rkquired as part of the approvalof the Master Plan. All’. elements of the fire suppression plan, including the location of zone boundaries and selective thinning programs shall be subject to the approval of the Planning Director. Any deviation from the “Fire Suppression Landscape Guidelines” shall be the subject of future local coastal program amendments. PART IV. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD MELLO I LAND USE PLAN AMENDMENT #2-99B AS SUBMITTED A. AMENDMENT DESCRIPTION DRAFT EXHIBIT 5 5. MP177KC) CRISTALLA - AVIARA PA 23 SUGGESTED MODIFICATIONS - Request for an amendment to the Aviara Master Plan to incorporate the Coastal Commission’s Suggested Modifications for Planning Area 23 into the Aviara Master Plan and LCP Implementing Ordinances. ACTION: Motion by Commissioner L’Heureux, and duly seconded, that the Planning Commission approve items #3, #4, #5, on the agenda, including the date change on Resolution No. 4635 and the Errata sheets as presented. VOTE: 6-O AYES: Compas, L’Heureux, Segall, Trigas, Welshons, Nielsen NOES: None ABSENT: Heineman - NOTICE OF PUBLIC HEARING MP 177(W) CRISTALLA - PA 23 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 November 16, 1999, to consider a request for approval of an amendment to the Aviara Master Plan to incorporate the Coastal Commission’s Suggested Modifications for Planning Area 23 into the Aviara Master Plan and LCP Implementing Ordinances. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on or after November 12, 1999. If you have any questions regarding this matter, or would like to be notified of the decision, please contact Mike Grim in the City of Carlsbad Planning Department at (760) 43 8- 116 1, extension 4499. If you challenge the amendment to the Aviara Master Plan 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. APPLICANT: BREHM-AVIARA III DEVELOPMENT ASSOCIATION LP PUBLISH: November 5,1999 CITY OF CARLSBAD CITY COUNCIL -r- --__ ~ I p -- ..C m .$ %&. - i.- .xye _ , CRISTALLA - AVIARA 23 SUGGESTED MODIFICATIONS MP 177 (CC) . . . (Form A) TO: CITY CLERK’S OFFICE FROM: PLANNING DEPARTMENT RE: PUBLIC HEARING REQUEST Attached are the materials necessary for you to notice MP 177(CC) - Cristalla - Aviara Planning Area 23 - Suggested Modifications for a public hearing before the Clty Council. Please notice the item for the council meeting of First Available Hearing Thank you. Assistant City IIan- . l/8 Page Ad October 20, 1999 Date City of Carlsbad NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Carlsbad will hold a public hearing at the Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Wednesday, October 6, 1999, to consider a request for an amendment to the Aviara Master Plan to incorporate the Coastal Commission’s Suggested Modifications for Planning Area 23 into the Aviara Master Plan and LCP Implementing Ordinances. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the staff report will be available on and after September 30, 1999. If you have any questions, please call Mike Grim in the Planning Department at (760) 438-l 161, extension 4499. If you challenge the amendment to the Aviara Master Plan in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad at or prior to the public hearing. CASE FILE: MP 177(CC) CASE NAME: CRISTALLA - PA 23 PUBLISH: SEPTEMBER 23,1999 h! CITY OF CARLSBAD PLANNING DEPARTMENT 2075 Las Palmas Dr. - Carlsbad, CA 92009-l 576 l (760) 438-l 161 l FAX (760) 438-0894 @ CARLSBAD UNIF SCHOOL DIST CITY OF ENCINITAS 801 PINE AVE 505 S VULCAN AVE CARLSBAD CA 92008 ENCINITAS CA 92024 CITY OF SAN MARCOS CITY OF OCEANSIDE 1 CIVIC CENTER DR 300 NORTH COAST HWY SAN MARCOS CA 92069-2949 OCEANSIDE CA 92054 REGIONAL WATER QUALITY SANDAG STE B STE 800 9771 CLAIREMONT MESA BLVD 401 B STREET SAN DIEGO CA 92124-1331 SAN DIEGO CA 92101 AIR POLLUTION CNTRL DIST SD COUNTY PLANNING 9150 CHESAPEAKE DR STE B SAN DIEGO CA 92123 5201 RUFFIN RD SAN DIEGO CA 92123 U.S. FISH & WILDLIFE CA COASTAL COMMISSION 2730 LOKER AVE WEST STE 200 CARLSBAD CA 92008 3111 CAMINO DEL RIO NO SAN DIEGO CA 92108 CITY OF CARLSBAD CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY PUBLIC WORKS/ENGINEERING SERVICES DEPT CITY OF V1STA PO BOX 1988 VISTA CA 92085 CALIF DEPT OF FISH & GAME STE 50 330 GOLDENSHORE LONG BEACH CA 90802 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 CITY OF CARLSBAD MUNICIPAL WATER DISTRICT CITY OF CARLSBAD PROJECT PLANNER MIKE GRIM ---a .-. ---.A...,, e-m