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Home My WebLink About2002-09-10; City Council; 16874; Roesch Property Suggested ModificationsCITY OF CARLSBAD - AGENDA BILL m: DEPT. HD. . ROESCH PROPERTY SUBDIVISION Y COASTAL COMMISSIONSUGGESTED MODIFICATIONS CITY ATTY. & LCPA 98-09(A) CITY MGRZi? AB# 16,874 MTG. 9-10-02 DEPT. PLN & RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2002-263 , APPROVING LCPA 98-09(A) which is an amendment to LCPA 98-09 to acknowledge the receipt of and incorporate the California Coastal Commission suggested modifications to add language to the Mello II segment zoning map of the Carlsbad Local Coastal Program. ITEM EXPLANATION: The Roesch Property Subdivision Local Coastal Program Amendment (LCPA 98-09) was approved by the City Council in November 16, 1999. Subsequently the amendment was submitted to and reviewed by the California Coastal Commission (CCC) in July 2001. The CCC approved the City’s requested amendment with modifications. In order for the amendment to become effective, the City must accept the CCC suggested modifications and incorporate them into the Local Coastal Program Zoning Map. Adoption of the suggested modifications requires amending the LCP Zone Map to incorporate the following site specific conditions for Lot 22 of Carlsbad Tract Map CT 98-19: A. Use of the 21.87 acre area in Lot 22 is restricted to habitat conservation, passive recreation (public trail), and utilities within the existing utility easement. No development of additional recreational facilities or associated amenities shall be allowed. Any subsequent modifications to the herein approved open space uses will require a LCP amendment. B. Impacts from grading and/or development on native vegetation such as southern maritime chaparral within any portion of the site shall be mitigated by revegetating and restoring the affected areas to the maximum extent feasible, while retaining necessary brush management features for fire protection. C. Replanting andlor restoration measures which are implemented to mitigate for native vegetation impacts shall be subject to a five-year maintenance and monitoring requirement to ensure that impacted vegetation is successfully restored to its original (or greater) habitat value within five years. If at any time during this period it is determined that the level of viability or successful integration of the mitigation measures is such that the impacted native vegetation will not be successfully restored, replanting or other additional restoration efforts shall be required to ensure adequate mitigation. The project was approved consistent with the above requirements and it is currently under mnstruction. ENVIRONMENTAL: The program of the California Coastal Commission involving the preparation, approval, and :ertification of Local Coastal Programs as provided in Sections 30500 through 30522 of the Public qesources Code has been certified by the Secretary for Resources as meeting the requirements of Section 21080.5. Acknowledgement and adoption of the Coastal Commission suggested nodifications is exempt from the California Environmental Quality Act and no environmental analysis snecessary. PAGE 2 OF AGENDA BILL NO. 16,874 FISCAL IMPACT Adoption of the suggested modifications will not have a fiscal impact on the City. EXHIBITS: 1. City Council Resolution No. 2002-263 2. Location Map 3. Attachment 'A", Coastal Commission Suggested Modifications 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 RESOLUTION NO. 2002-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL LEDGE AND ADOPT THE CALIFORNIA COASTAL COMMISSION SUGGESTED MODIFICATIONS FOR COASTAL PROGRAM AMENDMENT, TO ACKNOW- ~. ~ ~~~~~ ~~ LCPA 98-09. CASE NAME: ROESCH PROPERTY SUBDIVISION CASE NO.: LCPA 98-09(A) The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, the Planning Commission did on October 6, 1999 hold a duly noticed public hearing as prescribed by law to consider Local Coastal Program Amendment 98- 09 and adopted Planning Commission Resolution No. 4628 recommending to the City Council that it be approved; and WHEREAS, the City Council did on the 16th day of November, 1999 hold a duly noticed public hearing as prescribed by law to consider an amendment to the Local Coastal Program and acted to approve the amendment; and WHEREAS, the California Coastal Commission did on the 19th day of July, 2001 hold a duly noticed public hearing as prescribed by law to consider an amendment to the Local Coastal Program and acted to certify the amendment with suggested modifications; and WHEREAS, on the 10th day of SEPTEMBER , 2002 the Carlsbad City Council formally acknowledged receipt of the Coastal Commission's resolution of certification, including the suggested modifications The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true and correct. conform with the policies of Chapter 3 (commencing with Section 30200) of the California 2. That the suggested modifications will meet the requirements of and Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. LCPA 98-09, are approved through incorporation into the Local Coastal Program Zoning Map 3. That the suggested modifications to Local Coastal Program Amendment attached hereto as Attachment "A. 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 4. That staff is directed to modify the Local Coastal Program zoning map il ! accordance with Attachment '"A. 5. That the City agrees to issue coastal development permits in accordanct with Attachment "A. PASSED AND ADOPTED at a regular meeting of the City Council of the City o Carlsbad on the 10 th day of SEPTEMBER , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Nygaard ' 11 Page 2 of 2 of Resolution No. 2002-263 -2- EXHIBIT 3 ATTACHMENT"A The City shall incorporate the following requirements onto the certified LCP Zoning Map for Lot 22 of Carlsbad Tract CT 98-1 9 (APN 21 5-074-22). A. Use of the 21.87 acre area in Lot 22 is restricted to habitat conservation, passive recreation (public trail), and utilities within the existing utility easement. No development of additional recreational facilities or associated amenities shall be allowed. Any subsequent modifications to the herein approved open space uses will require a LCP amendment. B. Impacts from grading and/or development on native vegetation such as southern maritime chaparral within any portion of the site shall be mitigated feasible, while retaining necessary brush management features for fire by revegetating and restoring the affected areas to the maximum extent protection. C. Replanting and/or restoration measures which are implemented to mitigate for native vegetation impacts shall be subject to a five-year maintenance and monitoring requirement to ensure that impacted vegetation is successfully restored to its original (or greater) habitat value within five years. If at any time during this period, it is determined that the level of viability or successful integration of the mitigation measures is such that the impacted native vegetation will not be successfully restored, replanting or other additional restoration efforts shall be required to ensure adequate mitigation. ROESCH PROPERTY RESIDENTIAL SUBDIVISION LCPA 98-09(A)