HomeMy WebLinkAbout1999-11-16; City Council; 15499; Cristalla Aviara Planning Area 23.
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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.
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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:
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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
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EXHIBIT 2
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CRISTALLA - AVIARA 23
SUGGESTED MODIFICATIONS
MP 177 (CC)
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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
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1 WHEREAS, the City of Carlsbad acknowledges receipt of the California Coastal
2 Commission’s resolution of certification including suggested modifications for the Aviara
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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
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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
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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
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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
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PC RESO NO. 4639 -3-
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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.
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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
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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
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