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HomeMy WebLinkAbout2002-09-10; City Council; 16872; Thompson/Tabata Suggested ModificationsCITY OF CARLSBAD - AGENDA BILL AB# 16,872 m: MTG. 9-10-02 DEPT. PLN & COASTAL COMMISSION SUGGESTED MODIFICATIONS THOMPSONfrABATA SUBDIVISION LCPA 98-04(A) b DEPT. HD. CITY ATTY. CITY MGR RECOMMENDED ACTION: That the Council ADOPT Resolution No. 2002-261 , APPROVING the Local Coastal Program Amendment to incorporate the California Coastal Commission’s Suggested Modifications into the Land Use Map for the Mello II segment of the Local Coastal Program. ITEM EXPLANATION: On February 5 and February 12, 2002, the City Council approved the Thompsonmabata residential subdivision. One of the actions included in that approval was a Zone Change and Local Coastal Program to change the zoning of the property from Limited Control (LC) to One Family Residential (R-1-Q) and Residential Density Multiple (RD-M-Q). As required by the Coastal Act, the Local Coastal Program was referred to the California Coastal Commission for their review and approval. On August 7, 2002, the Coastal Commission approved the Thompsonmabata Local Coastal Program Amendment; this approval included suggested modifications to the zoning map for the Mello II segment of the Local Coastal Program. These modifications, shown in Attachment “A, must be accepted by the City for the Local Coastal Program Amendment to be effectuated. The suggested modifications deal with habitat preservation concerns and raise no issues to staff. They include preservation of the onsite southern willow scrub habitat and buffer areas for both the willow scrub habitat and the coastal sage scrub habitat onsite. Implementation of the suggested modifications would necessitate the adjustment of several tentative map lot lines within the subdivision boundary and the restriction of residential development on three lots. These adjustments are minor in nature and can be accomplished through the City’s Substantial Conformance Determination process. ENVIRONMENTAL: The proposed modifications do not affect the previous environmental determinations. The potential impacts of the previously approved actions were already evaluated in the Zone 20 EIR and the Mitigated Negative Declaration for the Thompsonmabata residential subdivision. No Public Resource Code 21081 findings are required. FISCAL IMPACT The modifications suggested by the Coastal Commission deal only with habitat preservation features of the Thompsonmabata subdivision and do not cause any fiscal impacts. EXHIBITS: 1. City Council Resolution No. 2002-261 2. Location Map 3. Attachment “A”, Coastal Commission Suggested Modifications (1-2002D). I 1 L < t - I E 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2002-261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO ACKNOWLEDGE AND ADOPT THE COASTAL COMMISSION'S SUGGESTED MODIFICATIONS INTO THE LOCAL COASTAL PROGRAM ZONING MAP FOR THE THOMPSONITABATA RESIDENTIAL SUBDIVISION, LOCATED IN THE SOUTHWEST QUADRANT. CASE NAME: THOMPSONITABATA CASE NO.: LCPA 98-04(A) WHEREAS, on February 5 and February 12, 2002, the City Council held dull noticed public hearings as prescribed by law to consider Local Coastal Program Amendmen (LCPA 98-04) for the ThompsonITabata residential subdivision; and WHEREAS, the California Coastal Commission did on the 7th day of August 2002, hold a duly noticed public hearing as prescribed by law to consider an amendment to thc Local Coastal Program and acted to certify the amendment with suggested modifications; and WHEREAS, these Coastal Commission Suggested Modifications must bc incorporated into the Local Coastal Program Zoning Map to become effectuated; and WHEREAS, on the 10 th day of SEPTENBER , 2002, the Carlsbad City Council formally acknowledged receipt of the Coastal Commission's resolution o certification, including the suggested modifications NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad. California, as follows: 1. That the above recitations are true and correct. 2. That the proposed Suggested Modifications will meet the requirements 01 and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. 3. That the Suggested Modifications to the Mello I1 segment of the Local Coastal Program are approved substantially as shown in Attachment '"A on file in the Planning Department and attached hereto. 4. That the ThompsoniTabata Tentative Map and Site Plan previously approved by the City of Carlsbad be modified as necessary to comply with the applicable segments of the Carlsbad Local Coastal Program, as amended by this action. Attachment "A. 5. That staff is directed to modify the LCP zoning map in accordance with I 1 I I( 1: 1: 1: 1' 15 1f li 18 19 20 21 22 23 24 25 26 27 28 Attachment "A. 6. That the City agrees to issue coastal permits in accordance witi- PASSED AND ADOPTED at a regular meeting of the City Council of the City 01 Carlsbad on the mhday of SEPTEMBER 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None Menber Nygaard AlTEST: " lz@u/ WOOD, City Clerk Page 2 of 2 of Resolution No. 2002-261 -2- EXHIBIT 2 THOMPSONITABATA LCPA 98-04(A) EXHIBIT 3 Attachment "A LCPA 98-041A) - Suqqested Modification Lanquaqe The City shall incorporate the following requirements onto the certified Local Coastal Program Zoning Map to apply to the subject parcels (APNs 214-140-44, 214-170-09, -36, -58, -59, -73, -77): a. The onsite areas of native vegetated habitat (approximately 2 acres), including coastal sage scrub, southern willow scrub and riparian area, shall be protected as a condition of development approval, and secured through a recordation of an open space conservation easement in favor of the City of Carlsbad or other conservation agency, or through other appropriate preservation method. Use of the open space area containing native vegetated habitat shall be restricted to habitat conservation, restoration and enhancement, and operation and maintenance of existing storm water facilities in the riparian area as necessary to serve existing and future development. b. As a condition of development approval, the onsite coastal sage scrub shall be protected by a buffer which shall include the slope upland of the habitat and a six foot high, solid barrier wall permanently located at the top of the slope, to separate the coastal sage scrub from the adjacent residential development. No gates, openings, or access to the habitat shall be provided through the barrier wall from the residential lot to the open space; however, the upper two feet of the wall may be plexiglass. The wall and its function as a habitat protection barrier shall be maintained by the Home Owners Association. All brush management for fire protection shall occur on the residential side of the habitat barrier wall. No clearing of coastal sage scrub habitat shall be permitted. The buffer area shall be secured through an easement or deed restriction that prohibits structures, grading and/or non-native plantings in the habitat buffer area. Revegetation of the disturbed area adjacent to the wall shall occur utilizing native, non-invasive species to reduce erosion potential, enhance habitat value and to screen the wall from views toward the residential development from the east. The development shall direct controllable noise and light sources away from the habitat areas and, if plexiglass is utilized, no lighting shall be permitted within 20 feet of the barrier wall. c. As a condition of development approval, the onsite areas of southern willow scrub, riparian and wetland area shall be protected by a minimum 50-foot buffer area, to the extent that the buffer can be physically accommodated on the subject site. Where the distance between the riparian area and existing adjacent development to the west is less than 50 feet, the buffer shall be provided to the maximum extent feasible. Remedial grading activities are allowed within the buffer area to the minimum extent necessary to stabilize adjacent soil conditions for safety and environmental protection purposes. The buffer area shall be secured 5 through an easement or deed restriction that prohibits structures and/or non-native plantings in the habitat buffer area. The buffer surrounding the riparian habitat shall be enhanced through planting native vegetation determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Brush management for fire protection is not allowed in the buffer area. Passive recreational uses such as sidewalks and seating areas are allowable in the upper half of the buffer zone.