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HomeMy WebLinkAbout2002-09-10; City Council; 16875; Carlsbad Promenade Suggested ModificationsCITY OF CARLSBAD -AGENDA BILL AB# 16,875 TITLE: MTG. 9-10-02 COASTAL COMMISSIONSUGGESTED MODIFICATIONS DEPT. CARLSBAD PROMENADE LCPA OO-OS(A) I DEPT. HD. CITY ATTY. CITY MGR a RECOMMENDED ACTION: That the City Council ADOPT Resolution No. 2002-264 , APPROVING LCPA 00-08(A) which is an amendment to LCPA 00-08 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 Carlsbad Promenade Local Coastal Program Amendment (LCPA 00-08) was approved by the the California Coastal Commission (CCC) in July 2002. The CCC approved the City’s requested City Council in February 19,2002. Subsequently the amendment was submitted to and reviewed by amendment with modifications. In order for the amendment to become effective, the City must accept the CCC suggested modifications and incorporate them into the appropriate segment of the Local Coastal Program. Adoption of the suggested modifications will affect only the Carlsbad Promenade property by adding language to require a habitat buffer between structures and the native habitat and to record an open space conservation easement in favor of the City or other conservation agency. These modifications will not affect the approved tentative tract map and the project has already been conditioned with respect to the open space easement requirement. ENVIRONMENTAL: The program of the California Coastal Commission involving the preparation, approval, and certification of Local Coastal Programs as provided in Sections 30500 through 30522 of the Public Resources 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 modifications is exempt from the California Environmental Quality Act and no environmental analysis is necessary. FISCAL IMPACT Adoption of the suggested modifications will not have a fiscal impact on the City. EXHIBITS: 2. 1. City Council Resolution No. 2002-264 Location Map 3. 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 RESOLUTION NO. 2002-264 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 CASE NAME: CARLSBAD PROMENADE CASE NO.: LCPA 00-08(A) The City Council of the City of Carlsbad, California, does hereby resolve a5 COASTAL PROGRAM AMENDMENT, TO ACKNOW- LCPA 00-08. follows: WHEREAS, the Planning Commission did on January 16, 2002, hold a duly noticed public hearing as prescribed by law to consider Local Coastal Program Amendment 00- 08 and adopted Planning Commission Resolution No. 5136 recommending to the City Council that it be approved; and , WHEREAS, the City Council did on the 19th day of February, 2002 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 9th day of July, 2002 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 10 th 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 2. That the suggested modifications will meet the requirements of 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 Local Coastal Program Amendment LCPA 00-08, are approved substantially as shown in Attachment "A on file in the Planning Department and'attached hereto. 1 2 3 4 5 6 5 e s 1c 11 1; 1: 14 1: 1( 1; 1f 15 2( 21 2: 2: 2L 2: 2( 2 21 4. That staff is directed to modify the LCP zoning map in accordance with Attachment "A," 5. That the City agrees to issue coastal development permits in accordance with Attachment "A." PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 10th day of SEPTEMBER , 2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Nygaard A~ST# /tlOR@NE M. WOOD, City Clerk Page 2 of 2 of Resolution No. 2002-264 -2- EXHIBIT 3 Attachment "A LCPA 00-08(A) - Carlsbad Promenade - Suqqested Modification Lanquaqe: The City shall incorporate the following requirements onto the certified LCP Zoning Map, to apply to the subject parcels (APN 215-070-13-00, 215-070-36-00, 214-550-01-00): a) The onsite areas of native vegetated habitat (approximately 10.34 acres), including coastal sage scrub, southern maritime chaparral, southern willow scrub and wetland areas, shall be protected as a condition of development approval, and secured through recordation of an open space conservation easement in favor of the City of Carlsbad or other conservation agency, or other appropriate preservation method. Use of the open space areas containing native vegetation shall be restricted to habitat conservation, restoration and enhancement. b) As a condition of development approval, a minimum 20-foot buffer area shall be required between structures and delineated native vegetation. The buffer area shall be secured through an easement or deed restriction that prohibits structures and/or non-native plantings in the habitat buffer area. A reduction to the 20-foot habitat buffer requirement may be allowed in order to obtain access to the property from Camino de las Ondas, where the maximum feasible habitat buffer shall be provided. Zone 3 brush management for fire protection may extend up to 20 feet into the habitat buffer area. EXHIBIT 2 CARLSBAD PROMENADE LCPA 00-08(A) 4