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HomeMy WebLinkAbout2003-02-04; City Council; 17067; Habitat Management Plan/Municipal Golf CourseAB# 17,067 MTG. 02/04/03 DEPT. PLN & CITY OF CARLSBAD -AGENDA BILL TITLE: - COURSE/LOCAL COASTAL PROGRAM AMENDMENT HABITAT MANAGEMENT PLANlMUNlClPAL GOLF LCPA 02-10/Dl02-01 (HMP ADDENDUM #2) DEPT. HD. RECOMMENDED ACTION: That the City Council ADOPT Resolutions No. 2003-038 2003-039 2003-040 ADOPTING the Negative Declaration and APPROVING an gmendment to {he Local Coasial Program for the Mello I, Mello II and Agua Hedionda Segments (LCPA 02-10) and Addendum No. 2 to the Habitat Management Plan, CERTIFYING that the Habitat Management Plan complies with the California Coastal Act and the California Coastal Management Program and that it will be conducted in a manner consistent with such Program and DIRECTING staff to submit revisions to the Municipal Golf Course plan to the California Coastal Commission in order to resolve the pending appeal of the Golf Course Coastal Development Permit (CDP 97-25). ITEM EXPLANATION: This item involves several actions related to applying additional habitat protection and conservation standards required by the California Coastal Commission to the remaining undeveloped properties in the coastal zone including the city's proposed Municipal Golf Course. The Local Coastal Program Amendment (LCPA 02-10) includes revisions and additions to incorporate the measures into three Local Coastal Plan segments (Mello If, Mello I and Agua Hedionda). The city's Habitat Management Plan (HMP), originally approved by Council on September 21, 1999, is proposed to be amended by adding an Addendum (Addendum #2) to incorporate the coastal habitat protection standards into the HMP document. The City Council must then certify that the HMP is consistent with the Coastal Act and the California Coastal Management Program pursuant to the request for Consistency Review granted by the federal Office of Ocean and Coastal Resource Management (OCRM) in August 2000. Finally, the City Council is being asked to consider and authorize staff to make several design revisions to the plans for the Municipal Golf Course in order to comply with the new habitat standards and resolve the pending Coastal Commission appeal of the golf course Coastal Development Permit (CDP 97-25). Background information, detailed action descriptions and analysis are provided in the attached Planning Commission Staff Report. On January 22. 2003, the Planning Commission held a public hearing and voted 5-1 (White) to recommend to City Council adoption of a Negative Declaration and to recommend approval of the Local Coastal Program Amendment and the HMP Addendum. Although the Planning Commission voted to support these actions, the Commissioners indicated that they had strong reservations about the impact of the additional conservation standards on private property in the coastal zone, the intervention by the Coastal Commission so late in the process and the relinquishment of local land use control to a state agency. The revisions to the design of the golf course are described in detail in the Planning Commission Staff Report. A summary of the revisions is contained in Exhibit 7 to this agenda bill. These revisions have been made in order to completely eliminate any impacts to wetlands, reduce impacts to dual-criteria slopes to less than 10% and to provide for more on-site creation of habitat. In conjunction with the design revisions to the Municipal Golf Course, the Planning Commission at its meeting of January 22, 2003, unanimously approved an Addendum to the Environmental Impact Report (EIR 97-01) that it previously certified' for the golf course. The Commission also recommended that if the Council decides to proceed with the permitting of the golf course, that the Council direct staff to make the necessary design revisions snd submit them to the Coastal Commission in order to resolve the appeal of the golf course Coastal Development Permit. PAGE 2 OF AGENDA BILL NO. 17* 067 ENVIRONMENTAL: The Planning Commission has determined that the Local Coastal Program Amendment and the Addendum #2 to the Habitat Management Plan would not have a significant effect on the environment since the actions only involve incorporating additional conservation and protection measures for habitat located in the Coastal Zone into the HMP and LCP. These actions do not specifically authorize or permit any development project which will be required to undergo separate environmental review. The Planning Director issued a Negative Declaration for the actions on December 20,2002. The Planning Commission also approved an Addendum to the Environmental Impact Report previously certified by the Commission for the Municipal Golf Course. The Addendum addresses the design revisions proposed to the golf course which reduce impacts to sensitive habitat areas. FISCAL IMPACT: Staff estimates that $135,000 has been spent on the preparation and processing of the Local Coastal Program Amendment, Dl 02-01 (Addendum #2 to HMP), and Golf Course Revisions since the time Federal Consistency Review was granted to the Coastal Commission. This estimate includes staff time (594 hours), consultant expenses and materials. It is estimated that it will cost an additional $15,000 in staff time and consultant support by the time the items are acted on by the California Coastal Commission and the wildlife agencies. Prior to Coastal Commission involvement (August 2000), the City had expended approximately $1 million to prepare the Habitat Management Plan. Other costs associated with the implementation of the HMP include: 1. The city-owned Lake Calavera property will be contributed to the preserve system, representing approximately $4.8 million in land value (valued as open space). In return, the City will receive mitigation credits that can be used to mitigate a wide variety of City projects. 2. The City’s participation in the MHCP Core Area will involve a total cost of approximately $6 million. The source of funds include previously committed mitigation funds from Villages of La Costa and Rancho Carrillo, proposed mitigation from the City’s golf course, and the proposed In-lieu Mitigation Fee program. Because of the amount of time that has elapsed from when the Council originally approved the concept of having an in-lieu mitigation fee, the fee study will need to be updated and the fee increased. With an update to the fee, the above sources will fully cover the estimated costs for the MHCP Core Area. 3. The City will have other recurring costs to manage City-owned habitat lands, including Lake Calavera and the Hub ParWeterans Memorial Park area and for overall administration of the HMP program. EXHIBITS: 1. 2. 3. 4. 5. 6. 7. 9. a. City Council Resolution No. 02-01 (Addendum #2 for HMP) City Council Resolution No. 2003-039 , (Federal Consistency Certification) City Council Resolution No. 2003-040 , (Golf Course Revisions) Planning Commission Resolutions No. 5360, 5361, 5362, and 5363 Planning Commission Staff Report, dated January 22, 2003 Summary of Golf Course Revisions Comment Letters. Draft Excerpt Planning Commission Minutes, dated January 22,2003 (not available Golf Course Schematics and Revised Routing Plan (Previously distributed). 2003-038 , (Negative Declaration/LCPA 02-1OlDl until 2/4/03) 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. 2003-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR A LOCAL COASTAL PROGRAM AMENDMENT AND AN ADDENDUM TO THE HABITAT MANAGEMENT PLAN AND APPROVING SAID LOCAL COASTAL PROGRAM AMENDMENT AND ADDENDUM TO THE HABITAT MANAGEMENT PLAN TO ADD HABITAT DEVELOPED PROPERTIES IN THE COASTAL ZONE. CASE NAME: HABITAT MANAGEMENT PIAN CASE NO.: LCPA 02-1O/DI 02-01 (HMP ADDENDUM #2) WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on January 22, 2003, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Local Coastal Program Amendment, and Addendum to the Habitat Management Plan and recommended their approval; and CONSERVATION STANDARDS TO REMAINING UN- WHEREAS, the City Council of the City of Carlsbad, California, on the 4th day of February, 2003, held a duly noticed public hearing to consider said Negative Declaration, Local Coastal Program Amendment, and Addendum to the Habitat Management Plan and at that time received recommendations, objections, protests, and comments from all persons interested in or opposed to LCPA 02-10 and Dl 02-01 (Addendum #2 to Habitat Management Plan). NOW, THEREFORE, 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 findings of the Planning Commission as contained in Planning Commission Resolutions No. 5360, 5361 and 5362 are incorporated herein by reference and are the findings of the City Council. Resolution No. 5360, on file with the City Clerk and incorporated herein by reference. 3. : That the Negative Declaration is adopted as shown in Planning Commission approved as shown in Planning Commission Resolution No. 5361, on file with the City Clerk and 4. That the amendment to the Local Coastal Program Amendment (LCPA 02-10) is incorporated herein by reference, except as amended to remove references to the Tabata Property (APNs 214-170-54 and 72) shown in Policy 3-8.7. In addition, staff is authorized to include any hardline boundaries negotiated prior to consideration of the Amendment by the California Coastal Commission. 5. That the Addendum to the Habitat Management Plan (Dl 02-01 Addendum #2) is approved as shown in Planning Commission Resolution No. 5362, on file with the City Clerk and 1 1 1 - 4 c - t 5 E 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporated herein by reference, except as amended to remove references to the Tabata Property (APNs 214-170-54 and 72) shown in Section D 7-14 G. 6. That the approval of LCPA 02-10 shall not become effective until it is approved by the California Coastal Commission and the Habitat Management Plan is given final approval by an Incidental Take Permit issued by the U.S. Fish and Wildlife Service. PASSED AND ADOPTED at a regular meeting of the City Council of the City oi Carlsbad on the 4th day of February, 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard. NOES: None. ABSENT: None. ATTEST: (SEAL) -2- 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. 2003.-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CARLSBAD HABITAT MANAGEMENT PLAN COMPLIES CARLSBAD, CALIFORNIA, FINDING AND CERTIFYING THAT WITH THE ENFORCEABLE PROVISIONS OF THE CALIFORNIA COASTAL ACT AND CALIFORNIA COASTAL MANAGEMENT PROGRAM AND THAT IT WILL BE CONDUCTED IN A MANNER CONSISTENT WITH SUCH PROGRAM. CASE NAME: HABITAT MANAGEMENT PLAN CASE NO.: LCPA 02-10 WHEREAS, the Code of Federal Regulations 15 CFR Part 930, Subpart D. requires that any activity affecting any coastal use or resource be conducted in a manner consistent with approved coastal management programs; and WHEREAS, for the State of California Coastal Act of 1976 as amended serves as the approved management program; and WHEREAS, the U.S. Fish and Wildlife Service is considering issuance of a Section lO(a) Incidental Take Permit to the City of Carlsbad based on the Habitat Management Plan, thereby triggering the requirement for review and certification of consistency with the Coastal Act; and WHEREAS, the California Coastal Commission initially challenged the consistency of the City's proposed Habitat Management Plan with the Coastal Act; and WHEREAS, the City of Carlsbad thereafter resolved the consistency issues raised by the California Coastal Commission by revising the proposed Habitat Management Plan for coastal zone properties in Addendum #2 and by revising its Local Coastal Program to incorporate habitat conservation requirements requested by California Coastal Commission staff; and WHEREAS, the City Council has considered all facts and information provided to it, including the Second Addendum to the Habitat Management Plan, attached to Planning Commission Resolution 5362 and incorporated herein by reference, the Local Coastal Program 5- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 Amendment, and other pertinent information, as required by the California Coastal Commission’s staff; and WHEREAS, the City Council of th,e City of Carlsbad, on the 4th day of FEBRUARY , 2003, held a duly noticed public hearing to consider the consistency of the Habitat Management Plan with the Coastal Act and at that time received and considered all written correspondence, testimony, recommendations, and comments from all interested persons. NOW, THEREFORE, the City Council of the City of Carlsbad, California, does hereby find and resolve as follows: 1 That the above recitations are true and correct. 2 That substantial evidence has been provided demonstrating the manner in which the Habitat Management Plan is consistent with the California Coastal Act. 3 That the City of Carlsbad has consulted with the affected federal agency, the US. Fish and Wildlife Service, and the California Coastal Commission regarding reasonably foreseeable coastal effects and consistency, and has considered the views, guidance, recommendations and comments of those agencies. The City of Carlsbad has furnished those agencies with copies of all documents pertinent to the consistency certification. 4 That ,based on all of the facts, information, documents and testimony, the Carlsbad Habitat Management Plan dated December 1999, with Two Addenda complies with .... .... . . .. . . .. .... .... .... . . .. Page 2 of 3 of Resolution No. 2003-039 -2- 6 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 the enforceable policies of the California Coastal Act and California Coastal Management Program and that it will be conducted in a manner consistent with such program. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 4th day of FEBRUARY 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ABSENT: None ATTEST: Page 3 of 3 of Resolution No. 2003-039 -3- 1 1 L I - t I E S la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 RESOLUTION NO. 2003-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, DIRECTING STAFF TO MAKE NECESSARY REVISIONS TO THE MUNICIPAL GOLF COURSE DESIGN AND SUBMIT THE REVISIONS TO THE COASTAL COMMISSION IN ORDER TO RESOLVE THE PENDING APPEAL BY THE COASTAL COMMISSION. CASE NAME: CARLSBAD MUNICIPAL GOLF COURSE CASE NO.: CDP 97-25 WHEREAS, on June 23, 2000, the California Coastal Commission appealed thf I Coastal Development Permit for the City’s Municipal Golf Course Project; and I WHEREAS, City and Coastal Commission staff have discussed revisions to the I Golf Course plans to address the issues raised by the Coastal Commission appeal; and WHEREAS, Coastal Commission staff has indicated that if certain revisions tc the layout of the Golf Course are made to eliminate any impacts to wetlands and reduce impacts to other habitat types that the appeal can be resolved; and WHEREAS, the City Council did on 4th day Of FEBRUARY 2003, review and consider the revisions to the Golf Course Plans; and WHEREAS, the Planning Commission on January 22. 2003, adopted an Addendum to the previously certified Environmental Impact Report for the Golf Course (EIR 97- 01), attached to Planning Commission Resolution 5363 and incorporated herein by reference, to address the revisions. NOW, THEREFORE, the City Council of the City of Carlsbad, does hereby resolve as follows: 1. That the above recitations are true and correct. 2. That the City Council directs staff to submit the necessary revisions to the Municipal Golf Course plans to the California Coastal Commission in order to resolve the Commission’s pending appeal of the Coastal Development Permit (CDP 97-25) for the Golf Course. .... .... .... 7 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 4th day of FEBRUARY 2003, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None ATTEST: (SEAL) Page 2 o 2 of Resolution No. 2003--040 -2- 1 - 1 3 - 4 c t - I 8 s 1c 11 12 13 14 15 It 17 18 19 2c 21 22 23 24 25 26 21 28 ! I I I I I ) , I , 1 I I 1 EXHIBIT 4 PLANNING COMMISSION RESOLUTION NO. 5360 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR A LOCAL COASTAL PROGRAM AMENDMENT AND ADDENDUM #2 TO THE HABITAT MANAGEMENT PLAN TO ADD HABITAT CONSERVATION AND PROTECTION STANDARDS TO THE REMAINING UNDEVELOPED PROPERTIES IN THE CITY’S COASTAL ZONE. CASE NAME: HABITAT MANAGEMENT PLAN CASE NO.: LCPA 02-10DI 02-01 WHEREAS, the City of Carlsbad has filed a verified application for an amendment to the Local Coastal Program and an Addendum to the Habitat Management Plan affecting properties located within the boundaries of the City’s Coastal Zone; and WHEREAS, a Negative Declaration was prepared in conjunction with said project; and WHEREAS, the Planning Commission did on the 22nd day of January, 2003 hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the initial study, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Negative Declaration. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the public hearing, the Planning Commission hereby RECOMMENDS ADOPTION of the Negative Declaration according to Exhibit “ND” dated December 20,2002, and “PII” dated December 16,2002 attached hereto and made a part hereof, based on the following findings: Findings: 1. The Planning Commission of the City of Carlsbad does hereby find: 1 L 1 , f s 1C 11 12 12 14 15 It 17 18 1s 2G 21 22 23 24 25 26 27 28 a. b. C. d. it has reviewed, analyzed and considered the Negative Declaration HABITAT MANAGEMENT PLAN - LCPA 02-101DI 02-01, the environmental impacts therein identified for this project and any comments thereon prior to RECOMMENDING APPROVAL of the project; and the Negative Declaration has been prepared in accordance with requirements of the California Environmental Quality Act, the State Guidelines and the Environmental Protection Procedures of the City of Carlsbad; and it reflects the independent judgment of the Planning Commission of the City of Carlsbad; and based on the EL4 Part I1 and comments thereon, there is no substantial evidence the project will have a significant effect on the environment. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Whitton, Dominguez, Heineman and Segall NOES: Commissioner White ABSENT: ABSTAIN: ce PLANNING COMMISSION ATTEST: Planning Director PC RES0 NO. 5360 -2- - City of Carlsbad NEGATIVE DECLARATION Project AddressLocation: CITY OF CARLSBAD -COASTAL ZONE Project Description: Local Coastal Program Amendment to incorporate the Habitat Management Plan and Second Addendum to the Habitat Management Plan. The project consists of amending the City of Carlsbad’s certified Local Coastal Program to include references to the Habitat Management Plan and revisions to the Habitat Management Plan needed for consistency between the two documents. The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the California Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, a Negative Declaration (declaration that the project will not have a significant impact on the environment) is hereby issued for the subject project. Justification for this action is on file in the Planning Department. A copy of the Negative Declaration with supportive documents is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from the public are invited. Please submit comments in writing to the Planning Department within 30 days of date of issuance. If you have any questions, please call Don Rideout in the Planning Department at (760) 602-4602. DATED: CASE NO: CASE NAME: PUBLISH DATE: December 20,2002 LCPA 02-10 Local Coastal Program Amendment for Carlsbad Habitat Management Plan December 20,2002 Planning Director 1635 Faraday Avenue Carlsbad. CA 92008-7314 (760) 602-3600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @ ENVIROh’MENTAL IMPACT ASSESSMENT FOFW - PART I1 (TO BE COMPLETED BY THE PLANNING DEPARTMENT) CASE NO: LCPA 02-10 DATE: December 16.2002 BACKGROUND 1. 2. 3. 4. 5. 6. 7. 8. 9. CASE NAME: Local Coastal Proeram Amendment for Carlsbad Habitat Manaeement PladSecond Addendum to Habitat Manaeement Plan LEAD AGENCY NAME AND ADDRESS: Citv of Carlsbad CONTACT PERSON AND PHONE NUMBER. Don Rideout. Princiual Planner PROJECT LOCATION Coastal Zone PROJECT SPONSORS NAME AND ADDRESS: Citv of Carlsbad. 1200 Carlsbad Villaee Drive, Carlsbad, CA 92008 GENERAL PLAN DESIGNATION: Various ZONING: Various OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED (i.e., permits, financing approval or participation agreements): California Coastal Commiision PROJECT DESCRIPTION/ ENVIRONMENTAL SElTING AND SURROUNDING LAND USES: The City of Carlsbad is urouosine an amendment to its certified Local Coastal Proeram (LCP’I to incoruorate the Habitat Manaeement Plan (HMP) and to make other revisions to the LCP necessary for consistency with the conservation urovisions of the uudated Habitat Manaeement Plan. The HMP is a Citvwide uroeram for conserving wildlife suecies and their habitats, particularly suecies listed as endaneered or threatened. The HMP was adouted bv the City Council in Seutember 1999. The existine LCP for Carlsbad consists of six seements. of which Villaee Redeveloument Area. West Batiauitos and East Batiauitos. The three segments to be three will be amended by the urouosed action. The sements that will not be amended are the HMP. In order to ensure consistency between the HMP and the LCP. both documents are being amended currently contain uolicies and reouirements for wildlife conservation that ure-date the amended to refer to each other. The HMP revisions are titled “Second Addendum to the Carlsbad Habitat Manaeement Plan Based on Comments from the California Coastal Commission and Including Miscellaneous Revisions” dated December 16. 2002. The urouosed action is the establishment of land use regulations and not a develoument uroiect. It involves amending the Local Coastal Promam to incoruorate an existine uolicv and reeulatory document, the Habitat Management Plan. Therefore. the following environmental analysis deals only with the uotential for the urouosed reeulations to result in an adverse imuact on the environment. 1 Rev. 07/03/02 12 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The summary of environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact,” or “Potentially Significant Impact Unless Mitigation Incorporated as indicated by the checklist on the following pages. 0 Aesthetics 0 Geology/Soils [XI Agricultural Resources [XI HazarddHazardous Materials 0 Air Quality 0 HydrologyNater Quality 0 Biological Resources 0 Land Use and Planning 0 Cultural Resources 0 Mineral Resources Mandatory Findings of Significance 0 Noise 0 Population and Housing 0 Public Services 0 Recreation 0 TransportatiodCirculation 2 Rev. 07/03/02 /3 DETERMINATION. (To be completed by the Lead Agency) I fmd that the proposed project COULD NOT have a sigdkant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I fmd that although the proposed project could have a significant effect on the environment, there will not been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. be a significant effect in this case because the mitigation measures described on an attached sheet have I fmd that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL WACT REPORT is required. I fmd that the proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) bas been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. A Negative Declaration is required, but it must analyze only the effects that remain to be addressed. I fmd that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing further is required. /17 ,/* Planner Signature Date I 3 Rev. 07/03/02 ENVIRONMENTAL IMPACTS STATE CEQA GUIDELINES, Chapter 3, Article 5, Section 15063 requires that the City conduct an Environmental Impact Assessment to determine if a project may have a significant effect on the environment. The Environmental biological and human factors that might be impacted by the proposed project and provides the City with information Impact Assessmeni appears in the following pages in the form of a checklist. Thls checklist identifies any physical, to rely on a previously approved EIR or Negative Declaration. to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), Negative Declaration, or . A brief explanation is required for all answers except “No Impact” answers that are adequately supported by an information source cited in the parentheses following each question. A “No Impact” answer is projects like the one involved. A “No Impact” answer should be explained when there is no source adequately supported if the referenced information sources show that the impact simply does not apply to document to refer to, or it is based on project-specific factors as well as general standards. . “Less Than Significant Impact” applies where there is supporting evidence that the potential impact is not . “Potentially Significant Unless Mitigation Incorporated” applies where the incorporation of mitigation significantly adverse, and the impact does not exceed adopted general standards and policies. measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The developer must agree to the mitigation, and the City must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 9 “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect is significantly 9 Based on an “EM-Part 11”, if a proposed project could have a potentially significant adverse effect on the adverse. EIR or Mitigated Negative Declaration pursuant to applicable standards and (b) have been avoided or environment, but 4 potentially significant adverse effects (a) have been analyzed adequately in an earlier mitigated pursuant to that earlier EIR or Mitigated Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, and none of the circumstances requiring a supplement to or supplemental EIR are present and all the mitigation measures required by the prior environmental document have been incorporated into this project, then no additional environmental document is required. . When “Potentially Significant Impact” is checked the project is not necessarily required to prepare an EIR if the significant adverse effect has been analyzed adequately in an earlier EIR pursuant to applicable standards and the effect will be mitigated, or a “Statement of Overriding Considerations” has been made pursuant to that earlier EIR. . A Negative Declaration may be prepared if the City perceives no substantial evidence that the project or any of its aspects may cause a significant adverse effect on the environment. . If there are one or more potentially significant adverse effects, the City may avoid preparing an EIR if there measures are agreed to by the developer prior to public review. In this case, the appropriate “Potentially are mitigation measures to clearly reduce adverse impacts to less than significant, and those mitigation may be prepared. Significant Impact Unless Mitigation Incorporated” may be checked and a Mitigated Negative Declaration 4 Rev. 07/03/02 /3& . An EIR must be prepared if “Potentially Significant Impact” is checked, and including but not limited to the following circumstances: (1) the potentially sigmticant adverse effect has not been discussed or mitigated in an earlier EIR pursuant to applicable standards, and the developer does not agree to mitigation Considerations” for the sigmfkant adverse impact has not been made pursuant to an earlier EN; (3) measures that reduce the adverse impact to less than significant: (2) a ‘Statement of Overriding proposed mitigation measures do not reduce the adverse impact to less than significant; or (4) through the EM-Part II analysis it is not possible to determine the level of significance for a potentially adverse effect, level of significance. or determine the effectiveness of a mitigation measure in reducing a potentially significant effect to below a A discussion of potential impacts and the proposed mitigation measures appears at the end of the form under m, Particular attention should be given to discussing mitigation for impacts, which would otherwise be determined significant. 5 Rev. 07/03/02 14 Issues (and Supporting Information Sources). Potentially Significant Impact I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light and glare, which would adversely affect day or nighttime views in the area? 11. AGRICULTRAL RESOURCES - (In determining environmental effects, lead agencies may refer to the whether impacts to agricultural resources are significant California Agricultural Land Evaluation and Site Assessment Model-1997 prepared by the California Depamnent of Conservation as an optional model to use in assessing impacts on agriculture and farmland.) Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 111. AIR QUALITY - (Where available, the significance management or air pollution control district may be relied criteria established by the applicable air quality upon to make the following determinations.) Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 0 0 0 0 0 0 0 0 0 Significant Potentially Incorporated Impact Impact Mitigation Significant No Unless Less Than 0 ON 0 om 0 ON 0 om 0 0 0 0 0 om 6 Rev. 07/03/02 /7 Issues (and Supporting Information Sources). Potentially Significant lmpact c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 0 d) Expose sensitive receptors to substantial pollutant 0 0 concentrations? e) Create objectionable odors affecting a substantial number of people? W. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special SUNS species in local or regional plans, policies, or regulations, or by California Depamnent of Fish and Game or U.S. Fish and Wildlife Service? 0 b) Have a substantial adverse effect on any riparian, aquatic or wetland habitat or other sensitive natural policies, or regulations or by CaIifornia Department community identified in local or regional plans, of Fish and Game or U.S. Fish and Wildlife Service? 0 c) Have a substantial adverse effect on federally protected wetlands as defmed by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological intemption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 0 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? sensitive? 0 g) Impact mbutav areas that are environmentally Significant Potentially Incorporated lmpact lmpact Mitigation Significant ho Unless Less Than 0 17 0 0 0 0 om om om om om om 0 OB 0 OB 0 om 7 Rev. 07/03/02 /8 Issues (and Supporting Information Sources). Significant Potentially Unless Mitigation Incorporated Potentially Significant Impact Significant No Less Than Impact Impact V. CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in !j15064.5? b) Cause a substantial adverse change in the signifi- cance of an archeological resource pursuant to !j15064.5? c) Directly or indirectly destroy a unique paleontologi- cal resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or shuctures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other Division of Mines and Geology Special substantial evidence of a known fault? Refer to Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, project, and potentially result in on- or off-site or that would become unstable as a result of the landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soils, as defmed in Table 18 - 1-B of the Uniform Building Code (1997), creating substantial risks to life or property? 0 0 0 0 0 0 0 OIXI 0 0 0 0 0 0 0 om om 0 0 0 0 0 om 0 0 8 Rev. 07/03/02 /? Issues (and Supporting Information Sources). Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e) Have soils incapable of adequately suppomg the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 0 0 OB Vn. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 0 0 0 0 b) Create a significant hazard to the public or environment through reasonably foreseeable upset ' hazardous materials into the environment? and accident conditions involving the release of c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 0 0 d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to would it create a significant hazard to the public or Government Code Section 65962.5 and, as a result, environment? 0 CI e) For a project within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airpon or public use airport, would residing or working in the project area? the project result in a safety hazard for people 0 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 0 0 0 cl 0 0 g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fnes, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY ~ Would the project: a) Violate any water quality standards or waste discharge requirements? 0'0 0151 0151 El151 IXIO 9 Rev. 07/03/02 40 Issues (and Supporting Information Sources). Significant Potentially Unless Mitigation Incorporated Potentially Slgnificant Impact Significant Less Than Impact 0 Impact lU0 b) Substantially deplete groundwater supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (i.e., the production rate of pre-existing nearby wells would drop to a level which would not suppon existing land uses or planned uses for which permits have been granted)? c) Impacts to groundwater quality? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the result in substantial erosion or siltation on- or off- course of a stream or river, in a manner, which would site? Ixl 0 0 0 0 €3 [XI 0 e) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the flow rate or amount (volume) of surface runoff in a manner, which would result in flooding on- or off- site? 0 0 0 IXI f) Create or contribute moff water, which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? g) Otherwise substantially degrade water quality? h) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? i) Place within 100-year flood hazard area smctures, which would impede or redirect flood flows? j) Expose people or smctures to a significant risk of loss injury or death involving flooding, including flooding as a result of the failure of a levee or dam? k) Inundation by seiche, tsunami, or mudflow? 1) Increased erosion (sediment) into receiving surface waters. 0 151 0 0 O IXI [XI 0 0 0 [XI 151 0 0 0 0 [XI IXI 0 m) Increased pollutant discharges (e.g., heavy metals, pathogens, petroleum derivatives, synthetic organics, nutrients, oxygen-demanding substances and trash) into receiving surface waters or other alteration of receiving surface water quality (e.g., temperature, dissolved oxygen or turbidity)? [XI 10 Rev. 07/03/02 a/ Issues (and Supporting Information Sources). Potentially Significant Impact n) Changes to receiving water quality (marine, fresh or wetland waters) during or following construction? 0 0) Increase in any pollutant to an already impaired water body as listed on the Clean Water Act Section 303(d) list? receiving water quality objectives or degradation of 0 beneficial uses? 0 p) The exceedance of applicable surface or groundwater IX. LANDUSE AND PLANNING -Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, local coastal program, or zoning mitigating an environmental effect? ordinance) adopted for the purpose of avoiding or plan or natural community conservation plan? 0 o 0 c) Conflict with any applicable habitat conservation X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? 0 0 b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? groundbourne vibration or groundbourne noise 0 levels? levels in the project vicinity above levels existing 0 without the project? ambient noise levels in the project vicinity above 0 levels existing without the project? 0 b) Exposure of persons to or generation of excessive c) A substantial permanent increase in ambient noise d) A substantial temporary or periodic increase in Potentially Significant Mitgation Slgnificult No lncorparated Impact lmpact Unless Less Than 0 05 0 om 0 om 0 0 0 0 0 0 0 0 0 ON om om 0' on om om om 11 Rev. 07/03/02 22 Issues (and Supporfing Infomution Sources). Potentially Significant Impact e) For a project located within an airport land use plan miles of a public airport or public use airport, would or, where such a plan has not been adopted, within 2 project area to excessive noise levels? the project expose people residing or working in the f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Xu. POPULATION AND HOUSING - Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC.SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, a need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? iv) Parks? VJ Other public facilities? XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical accelerated? deterioration of the facility would occur or be 0 0 0 Significant Potentially incorporated Impact lmpact Mnigation Significant KO Unless Less Than 0 UIXI 0 om 0 om OM 0 0 0 12 Rev. 07/03/02 2.3 Issues (and Supporting Information Sources). Potentially Significant Impact b) Does the project include recreational facilities or require the consmction or expansion of recreational facilities, which might have an adverse physical effect on the environment? 0 XV. TRANSPORTATIONiTRC - Would the project: a) Cause an increase in traffic, which is substantial in street system (Le., result in a substantial increase in relation to the existing traffic load and capacity of the either the number of vehicle nips. the volume to capacity ratio on roads, or congestion at intersections)? 0 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 0 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 0 0 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 t) Result in insufficient parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turn- outs, bicycle racks)? 0 XVI. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treament requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treahnent facilities or expansion of existing facilities, the construction of which would cause significant environmental effects? , 0 0 c) Require or result in the construction of new storm water drainage facilities or expansion of existing significant environmental effects? facilities, the construction of which could cause 0 d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 0 Potentially Significant Unless Mitlganon incorporated 0 0 0 0 0 0 0 0 0 0 Slgnificmt KO Less Than Impact Impact OIXI OB OIXI OB OB 13 Rev. 07/03/02 issues (and Suppolting Information Sources). Polentially Significant Potentially Unless Slgnificant Mingatlon Significant KO Less Than Impact Incorporated Impact Impact e) Result in a determination by the wastewater fzeatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? 0 UISI f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? OB g) Comply with federal, state, and local statutes and regulations related to solid waste? 0 UISI XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the OB habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0 b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumula- tively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the probable future projects?) effects of other current projects, and the effects of 0 0 c) Does the project have environmental effects, which will cause the substantial adverse effects on human beings, either directly or indirectly? 0 0 XVIII. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, Impacts adequately addressed. Identify which effects from the above checklist were within the and state whether such effects were addressed by mitigation measures based on the earlier analysis. C) Mitigation measures. For effects that are “Less Than Significant with Mitigation Incorporated,” describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 14 Rev. 07/03/02 95- A Mitigated Negative Declaration was previously prepared and certified for the Habitat Management Plan. This document is on file with the City of Carlsbad Planning Department nnder file number EM 99-04. That document analyzed all of the potential environmental effects of implementation of the Habitat Management Plan and concluded that there will be potentially significant impacts to biology and land use unless mitigation measures are adopted. Mitigation measures were adopted as part of the certification of EIA 99-04 that adequately reduce the impacts to below the level of significance. DISCUSSION OF ENVIRONMENTAL EVALUATION The following is an analysis and discussion of the potential environmental effects of the proposed Local Coastal Program Amendment and the Second Addendum to the HMP. I. AESTHETICS. Amending the Carlsbad Local Coastal Program to include the already adopted Habitat Management Plan will not have any effect on aesthetics. All development projects will be required to undergo environmental review during which aesthetics will be analyzed. 11. AGRICULTRAL RESOURCES (e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? Less than significant. LCPA 02-10 could potentially result in a decrease in the amount of agricultural land due to the proposed policy which requires creation of habitat as partial or full mitigation for impacts to biological resources. The creation of habitat may take place on agricultural land if such land is purchased by a project applicant for mitigation purposes. in that event there would be a conversion of the mitigation land from agricultural use to wildlife habitat. However, this impact will be less than significant. The development and does not entail any of the same impacts. conversion of agricultural land to another type of open space use is qualitatively different from urban 111. AIR QUALITY-Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. Amending the Carlsbad Local Coastal Program to include the already adopted Habitat Management Plan will not have any effect on air quality. The following discussion provided more detailed background on the status of air quality in Carlsbad and the region. Carlsbad is located in the San Diego Air Basin which is a federal and state non-attainment area for ozone (Q), and a state non-attainment area for particulate matter less than or equal to 10 microns in diameter (PMlo). The periodic violations of national Ambient Air Quality Standards (AAQS) in the San Diego Air Basin (SDAB), particularly for ozone in inland foothill areas, requires that a plan be developed outlining the pollution controls that will be undertaken to improve air quality. In San Diego County, this attainment planning process is embodied in the Regional Air Quality Strategies (RAQS) developed jointly by the Air Pollution Control District (APCD) and the San Diego Association of Governments (SANDAG). A plan to meet the federal standard for ozone was developed in 1994 during the process of updating the 1991 state- mandated plan. This local plan was combined with plans from all other California non-attainment areas having serious ozone problems and used to create the California State Implementation Plan (SIP). The SIP was adopted by the Air Resources Board (ARB) after public hearings on November 9th through 10th in 1994, and was forwarded to regarding airsheds with the worst smog problems, EPA approved the SIP in mid-1996. the Environmental Protection Agency (EPA) for approval. After considerable analysis and debate, particularly The proposed project relates to the SIP and/or RAQS through the land use and growth assumptions that are incorporated into the air quality planning document. These growth assumptions are based on each city’s and the presumably has been anticipated with the regional air quality planning process. Such consistency would ensure that County’s general plan. If a proposed project is consistent with its applicable General Plan, then the project the project would not have an adverse regional airquality impact. 15 Rev. 07/03/02 J& Section 15125(B) of the State of California Environment Quality Act (CEQA) Guidelines contains specific reference to the need to evaluate any inconsistencies between the proposed project and the applicable air quality management plan. Transportation Control Measures (TCMs) are part of the RAQS. The RAQS and TCM plan set fonh the steps needed to accomplish attainment of state and federal ambient air quality standards. The California Air Resources Board provides criteria for determining whether a project conforms with the RAQS which include the following: Is the project consistent with the growth assumptions in the regional air quality plan? Is a regional air quality plan being implemented in the project area? The project area is located in the San Diego Air Basin, and as such, is located in an area where a RAQS is being implemented. The project is consistent with the growth assumptions of the City’s General Plan and the RAQS. implementation of the regional plan. Therefore, the project is consistent with the regional air quality plan and will in no way conflict with or obstruct b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The closest air quality monitoring station is in the City of Oceanside. Data available for this monitoring site through April, 2002 indicate that the most recent air quality violations recorded were for the state one hour standard for ozone (one day in both 2000 and 2001) and one day in 2001 for the federal 8-hour average for quality standards have been recorded recently. ozone and one day for the 24-hour state standard for suspended particulates in 1996. No violations of any other air C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? No Impact. The Air Basin is currently in a non-attainment zone for ozone and suspended fine particulates. As purely regulatory and does not authorize any development. Given the lack of emissions associated with the described above, however, there would be no emissions associated with the proposed project because the project is proposed project, air quality would be the same whether or not the proposed project is implemented. According to the CEQA Guidelines Section 15064(i)(3), the proposed project will not make any contribution to cumulative impacts. d) Expose sensitlve receptors to substantial pollutant concentrations? No Impact. As described above, the proposed project would not result in any pollutant emissions or concenmtions. e) Create objectionable odors affecting a substantial number of people? No Impact. As described above, the proposed project would not result in any pollutant emissions or objectionable odors. IV. Biological Resources No impact. The proposed project deals primarily with biological resources in that it involves incorporating permit any development project or any impacts to biological resources. The proposed action modifies the Habitat Management Plan into the City’s Local Coastal Program. This action does not authorize or certain provisions of the Local Coastal Program to provide higher levels protection for biological resources. The present Local Coastal Program provides some protection for wetlands and habitats located on steep areas other than steep slopes. In addition, the proposed LCPA 02-10 includes enhanced buffer requirements slopes. The proposed LCPA 02-10 provides greater protection for wetlands and for habitats located on and the requirement for a long-term management and monitoring program for species and habitats. Any development projects which would have the potential to impact biological resources are currently required to undergo an extensive review and permitting process which includes biological surveys of the project site, compliance with the Habitat Management Plan, compliance with the Local Coastal Program (for properties located inside the Coastal Zone), CEQA compliance, public hearings, issuance of local ’ permits, and issuance of state or federal permits if required. These existing plans and regulatory mechanisms ensure that potentially significant biological impacts are disclosed and fully mitigated. 16 Rev. 07/03/02 27 Habitat Management Plan into the Local Coastal Program and making miscellaneous adjustments for The proposed project supports and strengthens the existing regulatory process by incorporating the adopted consistency. V. Cultural Resources “f No Impact. Because the proposed project does not authorize any grading, excavation, or soil disturbance of any kind, the project will not have any effect om cultural resources. Protection of cultural resources will continue to be governed, both inside and outside the Coastal Zone, by the City of Carlsbad Cultural Guidelines dated December 1990 which are incorporated in the General Plan. VI. GEOLOGY AND SOILS No Impact. As noted above the proposed project does not authorize any grading, excavation, or soil disturbance of any kind. The project does not modify any of the existing regulations dealing with grading or earth moving. Therefore, the project will have no impact on geology and soils. VII. HAZARDS AND HAZARDOUS MATERIALS Less than Significant Impact. Because the proposed project is a purely regulatory action that does not authorize any development, it will not have the potential to create a hazard to the pubic or the environment. The project does not authorize the transportation, use, or release of any hazardous materials or waste. By encouraging the conservation of native vegetation in the Coastal Zone, the project has the potential to result in a slight increase in the risk of wildland fues. However, the proposed project contains within it regulations regarding fuel modification zones and setbacks of development from native vegetation. Therefore, the potential impact is less than significant. VIII. HYDROLOGY AND WATER QUALITY. No Impact. Because the proposed project is a purely regulatoty action that does not authorize any development, it will not have the potential to affect hydrology or water quality. All development projects are required to meet all federal, state, and local regulations, including the federal Clean Water Act, California Adminiswative Code Title 23, and specific basin plan objectives identified in the “Water Quality Control Plan for the San Diego Basin.” The Water Quality Control Plan identifies specific objectives for the Carlsbad Hydrologic Unit and its subareas. All development projects must obtain a National Pollution Discharge Elimination System permit prior to constmction. The permit will require that the project develop and implement specific erosion control and storm water pollution prevention plans to protect water quality. IX. LAND USE AND PLANNING No Impact. The proposed LCPA 02-10 does not have the potential to divide an existing community not conflict with any adopted plan, regulation or habitat conservation plan because the purpose of the because it is a purely regulatory action dealing with conservation of biological resources. The project will project is to bring applicable plans and regulations into consistency with each other. This will be accomplished by amending the Carlsbad Local Coastal Program to incorporate by reference the Habitat Management Plan, and making other miscellaneous changes. X. MINERAL RESOURCES No Impact. Because the proposed project is a purely regulatoly action that does not authorize any development, it will not have the potential to affect mineral resources. Existing locations for mineral extraction exist outside the Coastal Zone and will not be affected by the proposed LCPA. XI. NOISE No Impact. Because the proposed project is a purely regulatory action that does not authorize any nolse. development, it will not have the potential to create any noise impacts or expose sensitive receptors to 17 Rev. 07/03/02 638 XII. POPULATION AND HOUSING NO Impact. The project consists of amending the Local Coastal Program to incorporate an existing policy document, the Habitat Management Plan. This action has no potential to induce growth or to displace existing housing or people. WI. PUBLIC SERVICES No Impact. The proposed project has no potential to impact Fire, Police, Schools, Parks, or other public services. XIV. RECREATION No Impact. The project has no potential to impact recreational facilities. XV. TRANSPORTATION/TRAFFIC No Impact. Because the proposed project is a purely regulatory action that does not authorize any development, it will not have the potential to create any transportation or traffic impacts. The proposed project will not add any trips to existing roads. The project does not modify or conflict with the regional congestion management plan. The project does not include any aviation components and would not result in a change of air traff~c patterns or result in substantial safety risks. The project will not affect any emergency routes. The project will not affect parking capacity. The project will not conflict with adopted policies, plans or programs supporting alternative transportation. XVI. UTILITIES AND SERVICES SYSTEMS No Impact. Because the proposed project is a purely regulatory action that does not authorize any water, wastewater, storm drainage, or landfills. development, it will not have the potential to create any impacts to utilities or services systems including EARLIER ANALYSIS USED AND SUPPORTING INFORMATION SOURCES The following documents were used in the analysis of this project and are on file in the City of Carlsbad Planning Department located at 1635 Faraday Avenue, Carlsbad, California, 92008. 1. Mitigated Negative Declaration EL4 99-04, Habitat Management Plan for Natural Communities in the City of Carlsbad, April 1999, on file in the Planning Department. 18 Rev. 07/03/02 47 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 PLANNING COMMISSION RESOLUTION NO. 5361 A RESOLUTION OF THE.PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM (LCP) TO AMEND TEXT WITHIN THE MELLO 11, MELLO I AND AGUA HEDIONDA SEGMENTS OF THE LCP DOCUMENT TO REVISE AND TO ADD HABITAT PROTECTION AND CONSERVATION MEASURES TO PRPOPERTIES LOCATED WITHIN THE BOUNDARIES OF THE COASTAL ZONE CASE NAME: HABITAT MANAGEMENT PLAN CASE NO: LCPA 02-10 WHEREAS, the City of Carlsbad, has filed a verified application for an amendment to the Local Coastal Program to incorporate habitat conservation standards affecting properties located in the City’s Coastal Zone; and WHEREAS, the proposed Local Coastal Program amendment affects three LCP segments as set forth in Exhibits “A” (Mello I1 segment), ”B” (Mello I segment), and “C” (Agua Hedionda segment) attached hereto and made a part hereof; and WHEREAS, said application constitutes a request for a Local Coastal Program Amendment as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California Coastal Commission Administrative Regulations; and WHEREAS, the Planning Commission did on the 22nd day of January, 2003, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Local Coastal Program Amendment. WHEREAS, State Coastal Guidelines requires a six week public review period for any amendment to the Local Coastal Program. 30 1 2 2 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period, starting on December 5, 2002, and ending on January 10, 2003, staff shall present to the Planning Commission a summary of the comments received. I i C) That based on the evidence presented at the public hearing, the Commission LCPA 02-10 based on the following findings and subject to the following condition: RECOMMENDS APPROVAL of 'HABITAT MANAGEMENT PLAN - 1. That the proposed Local Coastal Program Amendment contains habitat protection standards and conservation measures which are necessary to protect coastal resources, sensitive habitat, and endangered species which is required by the California Coastal Act. 2. That the proposed Local Coastal Amendment meets the requirements of, and is in conformity with the policies of Chapter 3 of the Coastal Act and all applicable policies of the Mello 11, Mello I and Agua Hedionda segments of the Carlsbad Local Coastal Program not being amended by this amendment 3. That the proposed amendment to the Mello 11, Mello I and Agua Hedionda segments of the Local Coastal Program is required to maintain consistency between the proposed Habitat Management Plan and the Coastal Plan regarding the protection of sensitive habitat in the Coastal Zone. Condition: 1. The Local Coastal Program Amendment shall become effective upon the final approval of the HMP and Incidental Take Permit by the U.S. Fish and Wildlife Service. .. ... ... PC RES0 NO. 5361 -2- 3f 1 2 2 4 c - t - I E s 1( I1 1; 1: 1' 1: IC 1; 18 15 2( 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on the 22nd day of January, 2003, by the following vote, to wit: AYES : Chairperson Baker, Commissioners Whitton, Dominguez, Heineman and Segall NOES: Commissioner White ABSENT: ABSTAIN: cw PLANN~NG COMMISSION ATTEST: Planning Director PC RES0 NO. 5361 -3- LCPA 02-10 -Exhibit A MELLO 11 SEGMENT REVISIONS 3. PROTECTION OF SENSITIVE NATIVE VEGETATION AREAS POLICY 3-1 CARLSBAD HABITAT MANAGEMENT PLAN (HMP) Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for farming. These areas exhibit a large number and diversity of both plant and animal species, several of which are threatened because of extensive conversion of mixed Chaparral and Coastal Sage scrub habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent to soil erosion and attendant difficulties. The Carlsbad Habitat Manapement Plan (HMP) is a comurehensive, citvwide Dropram to identifi how the citv. in cooperation with federal and state agencies. can ureserve the diversitv of habitar and protect sensitive bioloaical resources within the citv and the Coastal zone. The HMP has been urepared as uart of the San Diepo Countv Multiple Habitat Conservation Prowam {MHCP). The MHCP will establish a coordinated habitat ureserve svstem to urotect listed species and rare native vepetation while accommodating repional develoument needs. The HMP provides a comurehensive ulan for creation and management of urouosed preserve areas in the coastal zone, alonq with aupropriate criteria for develoument reauirements and delineation of develoument/ureservation boundaries. The creation of an effective habitat ureserve requires a careful balancinp of acauisition, preservation and mitipation requirements, as well as enforceable monitoring, remediation, and an adeauatelv hnded maintenance prowam for the ureserve area. Section 30240(a) of the Coastal Act establishes a suecific mandate for resource preservation. It states. in part, "/e)nvironmentallv sensitive habitat areas shall be protected apainst any sipnificant disruution of habitat values ..." Environmentallv sensitive habitat area (ESHA) is defined in Section 30107.5 of the Coastal Act as "any area in which ulant or animal life or their habitats are either rare or esuecially valuable because of their special nature or role in an ecosvstem and which could be easilv disturbed or degruded bv human activities and developments. " The repional nature of the habitat preservation effort sets the MHCP and HMP auart from other ulans affectinp ESHA, where the noncomprehensive nature of the ulans and lack of repional resource urotection standards reauire more strinpent limitations to coastal ESHA impacts for individual sites. The clustering and concentration of develoument awav from sensitive areas that will result from the prouosed standards contained in the HMP and identified in the uolicies below will provide a larper. more contimous ureserve area than if development on the same urouerties were to be approved on a lot-bv-lot basis. 3-1.1 Habitat Manapement Plan The document titled "Habitat Manapement Plan for Natural Communities in the Citv of Carlsbad. December 1999 with Two Addenda-" Olereafier referred to as HMP) is incoruorated herein bv reference. The Second Addendum dated December. 2002 contains additional conservation standards and habitat protection uolicies that auplv within the Coastal Zone. The HMP has been developed so as to implement and be consistent with all other provisions of this LCP. as amended. Anv chanpes to the HMP that affect develoument within the coastal zone (including. but not limited to. chanaes to mitipation requirements) shall be certified bv the Coastal Commission as LCP amendments prior to becominp effective. 38 33 3-1.2 Environmentallv Sensitive Habitat Areas (ESHA) Pursuant to Section 30240 of the California Coastal Act. environmentallv sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act. shall be urotected aaainst anv sianificant disruution of habitat values. and onlv uses dependent on those resources shall be allowed within those areas. 3-1.3 Coastal Saae Scrub Coastal Saae Scrub is a resource of uarticular importance to the ecosvstems of the Coastal Zone. due in Dart to the uresence of the Coastal California matcatcher (Federal Threatened) and other mecies. Properties containina Coastal Saae Scrub shall conserve a minimum 67% of the Coastal Saae Scrub and 75% of the anatcatchers onsite, Conservation of anatcatchers shall be determined in consultation with the wildlife apencies. 3-1.4 Oak Woodland Oak woodland is a closed to relativelv ouen stand of trees within which a dominant tree species is a species of Oak. In coastal southern California. that suecies is aenerallv Coast Live oak (Ouercus aarifolia). which is commonlv found on sloues and riuarian situations. Shrubs varv from occasional to common, and the herb laver is often continuous and dominated bv a variety of annual passes. 3-1.5 Streams A stream is a touoprauhical feature with a clear bed and bank that ueriodicallv conveys water. 3-1.6 Euhemeral Drainaees and Euhemeral Streams Euhemeral drainages and ephemeral streams are touoarauhic features that convev water, but onlv durine and shortlv after rainfall events in a tvuical vear. 3-1.7 Wetlands Pursuant to California Public Resources Code Section 30121 and Title 14. California Code of Remiations Section 13577/b). 'wetland' means lands within the coastal zone which may be covered ueriodicallv or uermanentlv with shallow water and include saltwater marshes. freshwater marshes, open or closed brackish water marshes, swamus, mudflats. and fens. Wetland shall include land where the water table is at. near. or above the land surface Iona enough to vromote the formation of hvdric soils or to suuuort the growth of hvdrouhvtes. and shall also include those tyues of wetlands where vepetation is lackina and soil is uoorlv developed or absent as a result of frequent and drastic fluctuations of surface water levels. wave action, water flow, turbidity or hiph concentrations of salts or other substances in the substrate. A ureuonderance of hvdric soils or a ureuonderance of wetland indicator suecies shall be considered uresumutive evidence of wetland conditions. Wetlands shall be delineated followina the definitions and boundan, descriutions in Section 13577 of the California Code ofRepulations. Pursuant to California Public Resources Code Section 30233. no imuacts to wetlands shall be allowed exceut as follows: 39 a. The dikinp. filling. or dredgina of oDen coastal waters. wetlands. estuaries, and lakes shall be permitted in accordance with other auulicable Drovisions of this division, where there is no feasible less environmentallv damaging alternative. and where feasible mitigation measures have been provided to minimize adverse environmental effects. and shall be limited to the followina: (I) New or exuanded Dort. enerm. and coastal-deuendent industrial facilities, includina commercial fishina facilities. (2) Maintaininp existing. or restoring ureviouslv dredaed, deDths in existing navigational channels. turnina basins, vessel berthing and mooring areas. and boat launching ramDs. (3) In wetland areas onlv, entrance channels for new or auanded boating facilities: and in a degraded wetland, identified bv the Deuartment of Fish and Game uursuant to subdivision 6) ,of Section 30411, for boatina facilities if: in conjunction with such boatina facilities. a substantial aortion of the degraded wetland is restored and maintained as a bioloaicallv uroductive wetland. The size of the wetland area used for boating facilities. including berthina suace, turning basins. necessary navigation channels, and anv necessarv suuuort service facilities. shall not exceed 25 percent of the degraded wetland. (4) In oDen coastal waters. other than wetlands. includinp streams. estuaries, and lakes, new or exDanded boatina facilities and the Dlacement of structural pilinas for public recreational piers that urovide public access and recreational ouuortunities. (5) Incidental uublic service Duruoses. including but not limited to. burvina cables and uiues or insoection of Diers and maintenance of existing intakes and outfall lines. (6) Mineral extraction. includina sand for restorinp beaches, except in environmentallv sensitive areas. (7) Restoration Dumoses. (8) Nature studv. aauaculiure, or similar resource deuendent activities. b. Dredping and snoils disuosal shall be planned and carried out to avoid simificant disruption to marine and wildlifi? habitats and wafer circulation. Dredge spoils suitable for beach reulenishment should be transuorted for such uuruoses to appropriate beaches or into suitable lona shore current svstems. e. In addition to the other orovisions of this section. diking. fillinp. or dredging in existing estuaries and wetlands shall maintain or enhance the functional caDacihr ofthe wetland or estuary. Anv lagoon alterations shall be limited to very minor incidental public facilities. restorative measures, and nature studv. if otherwise in accordance with this division. 40 35 d. Erosion control and flood control facilities constructed on watercourses can imuede the movement of sediment and nutrients which would otherwise be carried bv storm runoff into coastal waters. To facilitate the continued deliverv of these sediments lo the littoral zone. whenever feasible. the material removed from these facilities may be placed at auurouriate uoints on the shoreline in accordance with other auulicable provision of this division. where feasible mitipation measures have been urovided to minimize adverse environmental effects. Asuects that shall be considered before issuinp a coastal develoument uermit for such uuruoses are the method of ulacement. time of year ofvlacement, and sensitivity of the ulacement area. 3-1.8 Wetland Mitipation Requirements Jf imuacts to a wetland are allowed consistent with Policv 3-1.7. mitigation shall be provided at a ratio of 3:l for riparian imuacts and 4:1 for saltwater or freshwater wetland or marsh impacts. 3-1.9 No Net Loss ofHabitat There shall be no net loss of Coastal Sage Scnib. Maritime Succulent Scrub. Southern Maritime Chaparral. Southern Mixed Chauarral. Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad. Mitipation for imuacts to anv of these habitat tvues, when uermitted, shall include a creation comuonent that achieves the no net loss standard. Substantial restoration of hiehlv degraded areas (where effective functions of the habitat tvue have been lost) may be substituted for creation subject to the consultation and concurrence of the US. Fish and Wildlife Service and the California Department of Fish and Game (wildlife aaencies). The Coastal Commission shall be notified and vrovided an ouuortunitv to comment uuon urouosed substitutions of substantial restoration for the reauired creation component. Develoument shall be consistent with Policv 3-1.2 of this section, unless vroposed impacts are suecificallv identified in the HMP: these imuacts shall be located to minimize imuacts to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat. 3-1.10 Upland Habitat Mitipation Reauirements Where imuacts to the habitats stated in 3-1.9 are allowed. mitipation shall be urovided as follows: a. The no net loss standard shall be satisfied as stated in 3-1.9. Tvuicallv this will consist of creation of the habitat tvue beinp imvacted for substantial restoration where allowed) at a ratio ofat least I:I as provided in the HMP. b. Onsite preservation is not elipible for mitication credit in the coastal zone. Onsite or off-site ouen suace preserve areas may be utilized to satisfi reauired mitipation for habitat imuacts associated with develoument if the preserve areas are disturbed and suitable for restoration or enhancement, or thev are devoid of habitat value and therefore suitable for the I:I mitipation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of gualitativelv changina habitat tvue and mav meet the creation reauirement if it restores habitat tvue that was historicallv uresent, but has suffered habitat conversion or such extreme decradation that most of the uresent dominant svecies are not Dart of the 41 36 orirrinal vepetation. Substantial restoration contrasts with 'enhancement activities which include weedina or plantinn within vepetation that retains its historical character. and restoration of disturbed areas to increase the value of existinn habitat which mav meet other mitipation requirements pursuant to the HMP. c. ImDacts to Coastal Saee Scrub shall be mitigated at an overall ratio of 2:1, with the creation component satisfiinp half of the total oblipation. The remainder of the mitipation oblipation shall be satisfied Dursuant to the provisions of the HMP. d. Impacts to Southern Maritime ChaDarral or Maritime Succulent Scrub shall be mitipated at an overall ratio of 3:l. with the creation comDonent satisfvina one-third of the total oblipation. The remainder of the mitigation oblipation shall be satisfied pursuant to the Drovisions of the HMP. e. ImDacts to Southern Mixed Chaparral, Native Grassland. and Oak Woodland shall be mitipated resuectivelv at ratios of I:l. 3:I. and 3:1 with the creation component satisfvinp the oblipation or one-third of the total oblipation. The remainder of the mitipation obligation shall be satisfied Dursuant to the Drovisions ofthe HMF'. f: Mitigation for imDacts within the coastal zone should be Drovided within the coastal zone if possible. Darticularlv the 1:1 creation comDonent, in order to have no net loss of habitat within the coastal zone. Mitieation measures on land outside the Coastal Zone may be acceDtable if such mitigation would clearlv result in higher levels of habitat Drotection and value and/or would orovide sianificantlv preater mitieation ratios. and the mitipation area is Dart of the HMP. Land area inside and outside the coastal zone which serves as mitigation for habitat imDacts in the coastal zone shall be permanenth retired from development Dotential and secured as Dart of the HMP preserve management Dlan as a condition ofdevelopment aDurova1. g. Habitat mitipation reauirements other than the creation or substantial restoration comaonent mav be uartiallv or wholly fulfilled bv acauisition of existinp like habitat and/or retirement of deve1oDment credits on existinn like habitat with permanent preservation as Dart of the HMP nreserve manapement nlan. h. AN mitipation areas, onsite and offsite. shall be secured with a conservation easement in favor of the wildlife apencies. In addition. a Dreserve manapement plan shall be prepared for the mitipation areas. to the satisfaction of the Citv, the wildlik apencies, a& funding to Drotect the Dreserve as oven sDace and to maintain the biolopical values of the mitination areas in DerDetuitv. Manapement Drovisions and fundinp shall be in place arior to anv imDacts to habitat. At a minimum. monitorinp reDorts shall be reauired as a condition of develoament aaproval after the first and third vear of habitat mitipation efforts. The Dreserve manapement Dlan shall be incornorated into the Imulementation Plan of the LCP through an LCP amendment within one vear of Commission cerfication of the HMP as Dart of the certified LCP. i. If anv conflict should arise between these Policies of the LCP and the Drovisions of the HMP. the LCP shall take Drecedence. 42 37 3-1.11 Hiphlv Constrained Properties There are proverties in the Coastal Zone that are entirely or almost entirelv constrained bv environrnentallv sensitive habitat area (ESHA). In these cases. one of the followinp additional standards shall applv: If more than 80% of the urovertv bv area is covered with ESHA at least 75% of the prouertv shall be conserved, OR Ifthe City, with the concurrences of the wildlife aeencies and the Coastal Commission throuph an LCP amendment, auuroves a Hardline ureserve boundaw for anv of the above-described prouerties as uart of the HMP, then the amount of onsite ureservation as identified in the Hardline boundaw shall auulv. 3-1.12 Buffers and Fuel Modification Zones Buffers shall be urovided between all oreserved habitat areas and develoument. Minimum buffer widths shall be provided as follows: a. IO0 fi. for wetlands b. 50 ti. for riuarian areas c. 20 fi. for all other native habitats (coastal sape scrub, southern maritime chauarral. maritime succulent scrub, southern mixed chavarral. native prassland, oak woodland) Anv urouosed reductions in buffer widths for a suecific site shall reauire sufficient information to determine that a buffer of lesser width will urotect the identified resources. Such information shall include, but is not limited to. the size and tvue of the development and/or provosed mitipation (such as ulantinp of vegetation or the construction of fencinp) that will also achieve the uurvoses of the buffer. The California Department of Fish and Game. the U.S. Fish and Wildlife Service, and the Coastal Commission staffshall be consulted in such buffer determinations. No develoument. pradinp. or alterations. includinp clearinp of vepetation. shall occur in the buffer area, exceut for: a. Modification Zone 3 to a maximum of 20 fi for uuland and non-rivarian habitat. No fuel modification shall take place within 50 fi. of rivarian areas. wetlands. or oak woodland. b. For buffer areas 50 fi. or ereater in width. recreation trails and uublic uathwavs within the first IS feet of the buffer closest to the develovment. urovided that construction of the trail or uathwav and its uroposed use is consistent with the preservation poals for the adjacent habitat. and that avurouriate measures are taken for uhvsical separation from sensitive areas. Buffer areas that do not contain native.habitat shall be landscaped usinn native vlants. Sipnape and vhvsical barriers such as walls or fences shall be reauired to minimize edpe effects of develovment. 43 POLICY 3-2 BUENA VISTA LAGOON Developments located along the first row of lots bordering Buena Vista Lagoon, including the parcel at the mouth of the lagoon (See Exhibit 4.5, Page 60), shall be designated for residential development at a density of up to 4 dwelling.units per acre. Proposed development in this area shall be required to submit topographic and vegetation mapping and analysis, as well as soils reports, as part of the coastal development permit application. Such information shall be provided as a part of or in addition to any required Environmental Impact Report, and shall be prepared by qualified professionals and in sufficient detail to enable the City to locate the boundary of wetland and upland areas and areas of slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to determine the appropriate developable areas, generally not less than a scale of 1” - 100” with a topographic contour interval of 5 feet, and shall include an overlay delineating the location of the proposed project. Criteria used to identify any wetlands existing on the site shall be those of Section 30121 of the Coastal Act and based upon the standards of the Local Coastal Program mapping regulations, and shall be applied in consultation with the State Department of Fish and Game. Development shall be clustered to preserve open space for habitat protection. Minimum setbacks of at least 100 feet from wetlands shall be required in all development, in order to buffer such sensitive habitat areas from intrusion unless otherwise permitted Dursuant to Policv 3-I.12. Such buffer areas, as well as other open space areas required in permitted development to preserve habitat areas, shall be permanently preserved for habitat uses through provision of an open space easement as a condition of project approval. The density of any permitted development shall be based upon the net developable area of the parcel, excluding any portion of a parcel which is in wetlands. Storm drain alignments as proposed in the Carlsbad Master Drainage Plan which would be carried through or empty into Buena Vista Lagoon shall not be permitted, unle4ss such improvements comply with the requirements of Sections 30230,30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the State Department of Fish and Game. Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single planned unit development permit for the entire original parcel. POLICY 3-3 BATIOUITOS LAGOON Erosion drainage and sedimentation of Batiquitos Lagoon were previously addressed, in the certified Local Coastal Program prepared by the Coastal Commission for the areas subject to AB462 (Mello I Segment) (See Exhibit 1.1). Development within the area which is the subject of that plan AB462 (Mello I Segment), and of AB1971 (Mello I1 Segment), shall also be required to meet those same policies. Much of the Batiquitos Lagoon watershed is designated in this plan for continued agricultural use which does not require a coastal development permit. When a costal development permit is required, however, conditions shall be imposed which will assure that the permitted development will be carried out in a manner that assures protection of the water quality of the lagoon. Removal of major vegetation, for instance, requires a coastal development permit, and such permitted activity shall be conditioned to limit the manner, time and location of vegetation removal so as to minimize soil erosion. 44 39 Development shall be clustered to preserve sensitive habitat areas and maintain the maximum amount of permanent open space feasible. At a minimum, the following policies shall regulate development in areas adjacent to the lagoon: a. A minimum setback of 100 feet from the wetland shall be required, with the wetland area determined as described in Policy 3-2, Buena Vista Lagoon on Page 38. b. At least two-thirds (2/3) of any permitted development shall be clustered on the half of the property furthest away from the lagoon at the base of the bluff. c. Existing mature trees shall be preserved. d. An offer to dedicate land for public recreation use, in favor of the City of Carlsbad or State Coastal Conservancy and irrevocable for a term of 21 years, shall be required as a condition of development. The required land dedication shall be of a size adequate to accommodate public use facilities including some picnic tables and public parking, and shall include a public access trail parallel to the lagoon shore of at least 15 feet in width with unobstructed views to the lagoon. e. To facilitate provision of public use area and preservation of environmentally sensitive lands and to maintain the outstanding visual resources in the area surrounding the lagoon, and additional density credit of one dwelling unit per acre of developed land shall be provided for each two and on half percent (2 1/2%) of total lot area, excluding wetlands, which is maintained in open space and public recreation in excess of fifty percent (SO%) of the total lot area, excluding wetlands. f. Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single planned development permit over the entire original parcel. The base residential density shall be a maximum of 12 dwelling units per gross acre, excluding wetlands, subject to increase as provided in Policy 3-3 3) above. POLICY 3-4 GRADING AND LANDSCAPING REOUREMENTS In addition to the requirements of the model grading ordinance in the Carlsbad Master Drainage Plan, permitted new development shall also comply with the following requirements: a. Grading activity shall be prohibited during the rainy season: from October 1st to April 1'' of each year. b. All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well established by December 1st following the initial planting. C. The October 1st nradina season deadline mav be extended with the auproval of the Citv Engineer subiect to imuiemeniation bv October Isr of special erosion control measures designed to prohibit discharpe of sediments off-site during and after the gradinp operation. Extensions bevond November 15th mav be allowed in areas of verv low risk of impact to sensitive coastal resources and mav be auuroved either 4s 40 as Dart of the oripinal coastal develoument uermit or as an amendment LO an existinp coastal develoument uermit. d. If any of the resuonsible resource apencies prohibit madine ouerations durina the summer Erading period in order to urotect endanpered or rare suecies or sensitive environmental resources. then aradina activities mav be allowed durinp the winter by a coastal develoument uermit or uermit amendment, urovided that auurouriate best management practices (BMPs) are incorporated to limit votential adverse imuacts from winter pradina activities. POLICY 3-5 KELLY RANCH a. Maximum Densitv of Develooment (I) Residential densities in the 433-acre Kelly Ranch shall be permitted and based on the underlying LCP Land Use designation. The residential land use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. (2) Approximately 2.8 acres located adjacent to and west of Cannon Road, CDP 98-47 are designated Open Space with an interpretive center of Agua Hedionda Lagoon designated as an allowable use. b. Coastal Commission Permit 6-84-617 Amiculture Agricultural preservation policies for the 433-acre Kelly Ranch have been deleted by LCP amendment of 1-85. c. Preservation of Stem Sloues. Sensitive Vegetation and Erosion Control Any development proposal that affects steep slopes (25% inclination or greater) shall be required to prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared during CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. (1) Areas and Slopes Possessing Endangered Species andor Coastal Sage Scrub and Chaparral Plant communities; for those slopes possessing endangered planthima1 species andor Coastal Sage Scrub and Chaparral plant communities, the following policy language would apply: a) Costal Sage Scrub and Chaparral plant communities shall be preserved in their natural state, within designated open space areas shown on the LCP Kelly Ranch Open Space map. b) Restoration of the disturbed areas within the delineated open space shall be required as a condition of subdivision approval and shall be developed in consultation with the Department of Fish and Game. The disturbed areas shall be revegetated and existing vegetation enhanced with native species to serve as upland transitional habitat to low-lying wetlands and environmentally sensitive habitat 46 LC( areas north and west of Cannon Road. The restoration and enhancement plan shall include a maintenance and monitoring component to assure long-term productivity and continuance of the habitat value. c) Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of Carlsbad or other public entity, development of steep slopes over 25% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game and the U.S. Fish and Wildlife Service as consistent with the State and Federal Endangered Species Act. Dedication will assure preservation of a viable upland habitat comdor and scenic hillsides. d) Slopes and habitat areas within the designated open space, shall be placed in a permanent open space conservation easement or dedicated in fee as a condition of subdivision approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating authorized firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. The easement shall be granted to the City of Carlsbad to be maintained and managed as part of the LCP open space system for Kelly Ranch. (2) Drainage and Runoff Rates: Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state and appropriate measures shall be taken in and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. (3) Installation Timing of Drainage and Runoff Control Measures: The appropriate measures shall be installed prior to onsite grading. d. Brush Management A fire suppression plan shall be required for all residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and landscape screening of the residential structures. No portions of brush management Zone 1 and 2 as defined in the City of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be permitted designated open space upon written approval of the Fire Department and only when native fire retardant planting is permitterld to replace high and moderate fuel species required to be removed. e. Sittinaxking, Due to severe site constraints, innovative sitting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface are. Dwelling units shall be clustered in the relatively flat portions of the site. 47 f. Road in Open Space Access Roads shall be a permitted use within designated open space subject to an approved coastal development permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. g. Other Uses in Open Space The designated open space on Planning Area D may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development permit. h. Water Ouality All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all applicable-local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public works, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and cities by the California Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and significant redevelopment of private and publicly owned properties must incorporate design elements andor Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm even up to and including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a) Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and/or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; 48 b) Use porous materials for or near walkways and driveways where feasible; c) Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways; d) Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e) Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California 'Stormwater Best Management Practices Handbook (Municipal). f) The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the projectl Parkins Lots Development plans for, or which include parking lots greater than 5,000 sq. A. in size and/or with 25 or more spaces, susceptible to stormwater, shall: a) Incoporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm even up to and including the 85" percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Practices Handbooks (Commercial and Industrial). All Develouments a) A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b) A landscape management plan that includes herbicide/pesticide management. Such measures shall be incorporated into project design through a water qualityhban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such 49 i. J. k. measures shall be required as a condition of coastal development permit approval at the subdivision and/or development state, as appropriate. Vista Points: Public vista points shall be provided at two locations, one in Planning Area J and the other entirely within Planning Area L or including portions of Planning Area L and the disturbed high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may be located in disturbed open space areas subject to approval by the Department of Fish and Game. Support parking shall be provided and my be located either on street or off-street within close proximity to the vista point(s). Dedications necessary to provide the vista points and access to the vista points shall be a condition of coastal development permit approval at the subdivision stage. Public Trails: A public trails system that links Agua Hedionda Lagoon, the interpretive center, the street system, open space areas and public vista point(s) shall be provided in consultation with the California Department of Fish and Game. Trails provided outside of the public right-of-way , as defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space & Conservation Map). Public StreetdGated Communities: The street systems shall provide public access and support parking for the public trail system and vista points in the residential developments located in Planning Areas J, K and K of Kelly Ranch. Public access may be provided through public streets, or private streets with public access easements or deed restriction. Private gated communities shall not be permitted within those planning areas. POLICY 3-6 SEAPOINTEENCINAS CREEK Permitted uses within the wetlands and designated upland buffer of the Ward property @ortion of Parcel #214-010-Ol), shall be limited to access paths in uplands, aquaculture, fencing, nature study projects or similar resource dependent uses, wetland restoration projects and other improvements necessary to protect wetlands. POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACARIO CANYON AND VETERANS MEMORIAL PARK The Citv of Carlsbad owns auuroximatelv 521 acres in and adjacent to Macario Canvon. A municiual golf course has been urouosed for a uoriion of the urouertv, and a oublic uark is ulanned for another portion. Develoument of the prouertv shall be subject to the followinp policies repardinp protection of habitat: a. The impact and conservation areas for the Municiual Golf Course are shown as a Hardline desim in the HMP (Fimre 8 Revised). and which shall serve as the standard of review for determinim areas in which develoument may occur in the future. Areas shown for conservation shall not be imuacted or disturbed exceut for reveptation. restoration and other similar activities related to mitication. Areas shown for impact mav be fully developed with auvrouriate mitination. b. Anv imuacts to Coastal Sape Scrub shall be mitipated bv on-site creation ai a rate of 2:1 in compliance with the no net loss standard stated in Policv 3-1.2. Onsite revegetation or restoration mav be done on apricultural. disturbed or non-native 50 45 grassland areas. For impacts to the Coastal California matcatcher. additional mitipation shall be urovided by acauisition and wesewation at a I:] ratio of land supporting matcatchers. Imuacts to dual criteria sloues shall not exceed 10% in compliance with Policy 4-3(b). C. In order to provide a viable north-south wildlife corridor across Macario Canvon, the area shown on the HMP Hardline map as “Veterans Memorial Park Wildlife Corridor” shall be conserved concurrent with any imuacts to the Macario Canvon properh,. No development shall occur within the Wildlife Corridor except a desianated trail and rest areas alonp the trail. d. Protection and manapement of all mitipation areas shall be consistent with Policv 3-l.lO.fand h. e. The area shown as “Veterans Memorial Park Development Area” is desimated for public recreational use. It is the intent of this uolicv that the uublic uark area be developed so as to maximize vublic access and vrovide a varieh, of recreational ouuortunities. Steer, sloue areas shall be Dlanned for more uassive tvue uses with gradinp ofsuch areas limited to the amoun’t necessary to allow such uses. I: Sepments of the Citvwide Trail System viewuoints and other ouportunities for public access shall be incorporated into the development areas. g. In the riparian area of Macario Canvon Creek, two crossinas shall be allowed, as shown in the HMP Hardline exhibit. Crossinp #I shall utilize the existinn farm road. Crossinp #2 shall utilize a bridee sunn structure. No riparian imuacts shall occur for either crossina. h. The desim of rivarian buffers shall be as shown in the HMP. Buffers shall be Iandscaued with avurouriate native. non-invasive plants to urovide a natural transition between recreational areas and riparian habitat, as well as to discourape human intrusion into the riparian area. Apuropriate siminp and fencinp will also be utilized as urovided in Section 3-1.12. POLICY 3-8 OTHER PARCELS - SPECIFIC HABITAT PROTECTION STANDARDS The followinp standards are intended to be midelines for develovment and habitat ureservation. based uuon best available information at the time these standards were orepared. The standards auulv to parcels primarilv in Zones 20 and 21 shown on Exhibit A in the HMP Addendum #2 and that are located within the bioloaical core and linkape areas desimated in the MHCP. and are in addition to the auulicable standards contained in Policv 3-1 and the HMP. The standards are intended to direct development to existing disturbed areas to the maximum extent feasible, limit impacts to native vepetation and establish viable core and linkape areas as delineated in the HMP. In peneral. each urouertv shall be allowed to develou at least 25% of the site with apurouriate mitipation as suecified in Policies 3-1.9 throuph 3-1.12. When individual properties are prouosed for rezoning or develoument, detailed bioloaical information will be reauired to determine whether the uroposal is consistent with Policv 3-1 and the standards below, based upon the actual woe. location and condition of onsite resources. and the apurouriate locations of develoument and ureservation areas. 51 46 3-8.1 Assessor's Parcel No. 207-100-48 (Aura Circle) Avoid removal of maritime succulent scrub. Preserve at least 75% of coastal sape scrub. Mitieate habitat imuacts by creation or enhancement of like habitat adiacent to Ama Hedionda Lagoon if uossible. as Dart of overall mitigation reguirements. 3-8.2 Assessor's Parcel No. 212-120-33 (Hieatt - No imuact to vernal uools. Minimize imuact to vernal uool watersheds. 3-8.3 Assessor's Parcel No. 212-010-3 (Kirpis) - Preserve 75% of DroDertv with develoament clustered immediatelv adiacent to KeNv Ranch. 3-8.4 Assessor's Parcel No. 215-070-38 (Fernandez) - Cluster develoDment on disturbed areas to the maximum extent feasible. Maximum 10% imuact on CSS and SMC for access purposes. 3-8.5 Assessor's Parcel No. 215-040-03 (Murova) - Cluster develoDment on disturbed areas to the maximum extent feasible. Maximum 10% imuact on CSS and SMC for access purDoses. 3-8.6 Assessor's Parcel No. 215-070-13 and 36 (Promenade) - Cluster develoument on disturbed areas. No imDacts to native habitat allowed. 3-8.7 Assessor's Parcel No. 214-1 70-54, 58. 59. 72 ,74. 75. 79. 80. 81. 84. 85 [Thomuson/Tabata) - Cluster development on disturbed areas. No impacts to native habitat allowed. 3-8.8 Assessor's Parcel No. 215-080-04 and 22 (Redeemer bv the Sea) - Cluster development on disturbed areas. No imoacts to native habitat allowed. 3-8.9 Assessor's Parcel No. 212-040-50 (Emerald Point) - DeveloDment limited to disturbed and non-native massland areas. No impacts to native habitat allowed. 3-8.10 Assessor's Parcel No. 215-020-06 (RWSB) - Develoument limited to disturbed oortion of proDeriv adiacent to Cassia Lane. ImDacts to SMC habitat limited to construction of Poinsettia Lane and additional 10% encroachment for onsite access. 3-8.11 Assessor's Parcel No. 215-020-07 (Maldonado) - Cluster develoument southwest of future Poinsettia Lane extension. No imDacts to the coast oak woodland and riparian area exceDt for Poinsettia Lane extension. Consider wildlife crossing through Poinsettia Lane reauired bv wildlife resource aeencies. The disturbed area northeast OfPoinsettin Lane is recommended for offsite mitipation for other uroDerties in Zone 21. 3-8.12 Assessor's Parcel No. 215-050-21 Namikas) - Develonment shall be limited to a maximum of 25% of the urouertv. not including Poinsettia Lane construction. and shall be clustered on the western uortion of the uroDertv. No imuacts to coast oak woodland. riparian areas or wetlands exceDt for Poinsettia Lane extension. 52 3-8.13 Assessor’s Parcel No. 215-050-22 (Sudduth) - Development shall be limited to a maximum of 25% of the property. not includina Poinsettia Lane construction. and shall be clustered on the western uortion of the urouertv. No impacts to coast oak woodland, riuarian area or wetlands except for Poinsettia Lane extension. 3-8.14 Assessor’s Parcel No. 215-050-44. 45, 46. 47 Kevane) - Develoument shall be limrted to a maximum of 25% of the urouertv. not includina Poinsettia Lane construction and shall be clustered on the western uortion of the urouerty. No imuacts to coast oak woodland, riuarian areas or wetlands exceut for Poinsettia Lane extension. 3-8.15 Assessor’s Parcel No. 215-050-12 (Reiter) - Develoument shall be limited to a maximum of 25% of the Drouertv. not includinp Poinsettia Lane construction and shall be clustered on the western uortion of the urouertv. No imuacts to coast oak woodland. riuarian areas or wetlands exceut for Poinsettia Lane extension. 3-8.16 Assessor’s Parcel No. 215-050-73 (Levatino) - Maximum 25% develoument clustered on the southern uortion of the urouertv. The parcel suecific standards listed above are adouted because hardline ureserve boundarv lines were not established at the time of ureuaration of the HMP. The uuruose of the standards is to ensure that future development is sited to ureserve the maximum amount of ESHA within the coastal zone, and to establish a viable habitat corridor and ureserve area in Zones 20 and 21. If the Citv, with the concurrence of the wildlife apencies and the Coastal Commission throuah an LCP amendment. subsequentlv auuroves a hardline ureserve boundarv for any of the above- described urouerties as Dart of the HMP, then the onsite preservation included in the hardline preserve boundarv shall auulv. 4. GEOLOGIC, FLOODPLAIN AND SHORELINE HAZARD AREAS POLICY 4-1 COASTAL EROSION (4 Development Along Shoreline For all new development along the shoreline, including additions to existing development, a site- specific geologic investigation and analysis similar to that required by the Coastal Commission’s Geologic Stability and Bluff top Guidelines shall be required; for permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of the structure, whichever is greater. Additionally, permitted development shall incorporate, where feasible, sub-drainage systems to remove groundwater from the bluffs, and shall use drought-resistant vegetation in landscaping, as well as adhering to the standards for erosion control contained in the Carlsbad Master Drainage Plan. A waiver of public liability shall be required for any permitted development for which an assurance of structural stability cannot be provided. (b) Beach Sand Erosion Pursue mitigation measures which address the causes of beach sand erosion; sand dredging and use of the Longer Tube to reduce wave energy are two such measure which have been suggested. The City should continue to participate in the Regional Coastal Erosion Committee’s studies of the causes and cures for shoreline erosion. 53 4f (c) Shoreline Structures Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal- dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of coastal development permit approval, permitted shoreline structures may be required to replenish the beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included as a condition of project approval. Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the material is suitable for sand replenishment. (4 Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the exception of access ways to provide public beach access and of limited public recreation facilities. POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY The soils investigations now required as part of the land subdivision process are adequate to identify with specific areas of landslide and instability. However, these investigations will need to be particularly thorough in those areas with La Jolla Group soils which have been identified for potential future development. Currently, soils investigations are only required for subdivisions. In future, any development proposed for areas known to be prone to landslide shall include a geologic investigation identifymg appropriate mitigation measures, and such geologic report shall be substantially as has been required by the Coastal Commission’s George Stability and Bluff top Develop Guidelines. POLICY 4-3 ACCELERATED SOIL EROSION (4 Areas West of 1-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing Storm Drains For areas west of the existing Paseo del Norte, west of 1-5 and along El Camino Real immediately upstream of the existing storm drains, the following policy shall apply: A site-specific report prepared by a qualified professional shall be required for all proposed development, identifying mitigation measures needed to avoid increased runoff and soil erosion. The report shall be subject to the requirements of the model erosion control ordinance contained in the Appendix to the Carlsbad Master Drainage Plane (June, 1980), and to the additional requirements contained herein. Such mitigation shall become an element of the project, and shall be installed prior to the initial grading. At a minimum, such mitigation shall require construction of all improvements shown in the Master Drainage Plan for the area between the project site and the Lagoon (including the debris basin), as well as: restriction of grading activities to the months of April through September of each year, revegetation of graded areas immediately affer grading; and a mechanism for permanent maintenance if the City declines to accept the responsibility. Construction of drainage improvements 54 may be through formation of an assessment district, or through any similar arrangement that allots costs among the various landowners in an equitable manner. (b) All Other Areas This policy applies to all other areas except those subject to Policies 3-5 and 3-7 above. Any development proposal that affects steep slopes (25% inclination or greater) shall be required to prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC Tour maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. (1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant- Communities. For those slopes mapped as possessing endangered planthimal species and/or Coastal Sage Scrub and Chaparral plant communities, Policies 3-1 and 3-8 and the following provisions would applv: a) Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with all or nearly all of their area in slope area over 25% grade, encroachment may be permitted; however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads on the City's Circulation Element or the development of utility systems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. b) No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned United Development is proposed which limits grading and development to not more than 10% of the total site area. c) Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards to prohibit the removal of native vegetation except for permitted firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. d) The percentape of steev dove encroachment listed in la) and Ib) above mav be modified onlv for develovment consistent with the auvroved HMP and the resource habitat protection policies includinp Policv 3 above. and apuroved as Dart of the Citv 's Incidental Take Permit oursuant to the adovted HMP. 55 (2) All Other Steep Slope Areas For all other steep slope areas, the City Council may allow exceptions to the above grading provisions provided the following mandatory findings to allow exceptions are made: a) A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years, or life of structure. b) Grading of the slope is essential to the development intent and design. c) Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas and is consistent with the habitat protection uolicies contained in Policies 3-1 and 3-8. d) If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. e) If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be allowed only if no interruption of significant wildlife corridors occurs. f) Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation. (3) Required Runoff Control Plan No development shall be permitted except pursuant to submittal of a runoff control plan prepared by a licensed engineer qualified in hydrology and hydraulics; such approved plans shall assure that there would be no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year frequency storm. Runoff control shall be accomplished by a variety of measures, including, but not limited to, onsite catchment basins, detention basins, siltation traps and energy dissipators, and shall not be concentrated in one areas. (4) Required Drainage of Erosion Control Facility Maintenance Arrangements Development approvals shall include detailed maintenance arrangements for providing the ongoing repair and maintenance for all approved drainage or erosion-control facilities. (5) Installation and Timing of Permanent Runoff and Erosion Control Devices All permanent runoff control and erosion control devices shall be developed and installed prior to concurrent with any onsite grading activities. 56 (6) Required Open Space Easements on Undeveloped Slopes All undevelopable slopes shall be placed in open space easements as a condition of development approval. 51 DRAFT MELLO I SEGMENT REVISIONS LCPA 02-10 -Exhibit B POLICY 7 -PROTECTION OF SENSITIVE NATIVE VEGETATION AREAS The Carlsbad Habitat Manapement Plan (HMP) is a comorehensive, citvwide Dropram to identifv how the citv, in cooperation with federal and state apencies. can ureserve the diversitv of habitat and orotect sensitive biolopical resources within the citv and the Coastal zone. The HMP has been prepared as Dart of the San Diepo Countv Multide Habitat Conservation Prorram (MHCP). The MHCP will establish a coordinated habitat oreserve system to orotect listed species and rare native vepetation while accommodatine repional develooment needs. The HMP provides a comprehensive ulan for creation and manazement of DrODOSed oreserve areas in the coastal zone, alonp with auorooriate criteria for develooment reauirements and delineation of deve/oDment/Dreservation boundaries. The creation of an effective habitat oreserve reauires a careful balancinp of acauisition. oreservation and mitipation requirements. as well as enforceable monitoring. remediation and an adeauatelv funded maintenance Dropram for the ureserve area. Section 30240/a) of the Coastal Act establishes a specific mandate for resource oreservation. It states, in Dart, “(e)nvironmentallv sensitive habitat areas shall be vrotected apainst anv sienificant disruotion of habitat values ... ” Environmentallv sensitive habitat area (ESHA) is defined in Section 30107.5 of the Coastal Act as “any area in which ulant or animal life or their habitats are either rare or esueciullv valuable because of their special nature or role in an ecosvstem and which could be easilv disturbed or demaded bv human activities and developments. The repional nature of the habitat oreservation effort sets the MHCP and HMP auart from other plans affectinn ESHA. where the noncomorehensive nature of the plans and lack of regional resource urotection standards reauire more strinpent limitations to coastal ESHA imuacts for individual sites. The clusterinp and concentration of development awav from sensitive areas that will result from the DroDOSed standards contained in the HMP and identified in the uolicies below will provide a laraer. more contipuous oreserve area than if develooment on the same oroperties were to be aouroved on a lot-bv-lot basis. 7-1.1 Habitat Manapement Plan The document titled “Habitat Manapement Plan for Natural Communities in the Citv of Carlsbad. December 1999 with Two Addenda” (hereafter referred to as HMP) is incoruorated herein bv reference. The Second Addendum dated December 2002 contains additional conservation standards and habitat orotection oolicies that aoolv within the Coastal Zone. The HMP has been develoued so as to imulement and be consistent with all other orovisions of this LCP, as amended. Anv chanpes to the HMP that affect develooment within the coastal zone (includina. but not limited to, chanpes to mitipation reauirementsl shall be certified bv the Coastal Commission as LCP amendments orior to becoming effective. 7-1.2 Environmentallv Sensitive Habitat Areas (ESHA) y areas, as defined in Section 30107.5 of the Coastal Act. shall be urotected aaainst any 14 53 significant disruption ofhabitat values. and onlv uses deuendent on those resources shall be allowed within those areas. 7-1.3 Coastal Sage Scrub Coastal Sape Scrub is a resource of particular importance to the ecosvstems of the Coastal Zone. due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species. Properties containinn Costal Sage Scrub shaIl conserve a minimum 67% of the Coastal Sage Scrub and 75% of the pnatcatchers onsite. Conservation of matcatchers shall be determined in consultation with the wildlife apencies. 7-1.4 Oak Woodland An oak woodland is a closed to relativelv ouen stand of trees within which a dominant tree species is a species of oak. In coastal southern California. that species is eenerallv Coast Live Oak fouercus agrifolia). which is commonlv found on slopes and riuarian situations. Shrubs van, from occasional to common and the herb laver is ofien continuous and dominated bv a variety of annual grasses. 7-1.5 Streams A stream is a touoprauhical feature with a clear bed and bank that periodicah convevs water. 7-1.6 Ephemeral Drainapes and Ephemeral Streams Ephemeral drainapes and ephemeral streams are toDoPrauhic features that convey water. but onlv durinp and shortlv afier rainfall events in a tyuical year. 7- I. 7 Wetlands e ofRepulations Section 13577fi). 'wetland' means lands within the coastal zone which may be covered Deriodicab or permanenth with shallow water and include saltwater marshes, freshwater marshes, oven or closed brackish water marshes, swamps. mudflats and fens. Wetland shall include land where the water table is at, near or above the land surface long enough to vromote the formation of hvdric soils or to support the erowth of hvdronhvtes and shall also include those tvues of wetlands where vepetation is lacking and soil is poorly developed or absent as a result of freauent and drastic fluctuations of surface water levels. wave action. water flow, turbidity or hiph concentrations ofsalts or other substances in the substrate. A vrevonderance of hvdric soils or a ureuonderance of wetland indicator species shall be considered presumptive evidence of wetland conditions. Wetlands shall be delineated followinp the definitions and boundarv descriptions in Section I3577 ofihe CaIifirnia Code OfRepulations. be allowed exceut as urovided in that Section. 15 DRAFT 7-1.8 Wetland Mitipation Reauirements If impacts to a wetland are allowed consistent with Policv 7-1.7, mitipation shall be provided at a ration of 3:l for riuarian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts. 7-1.9 No Net Loss ofHabitat There shall be no net loss of Coastal Sape Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral. Southern Mixed Chauarral. Native Grassland and Oak Woodland within the Coastal Zone of Carlsbad. Mitipation for impacts to anv of these habitat tvues, when uermitted. shall include a creation comuonent that achieves the no net loss standard. Substantial restoration of hiphlv depraded areas (where effective functions of the habitat tvpe have been lost) mav be substituted for creation subject to the consultation and concurrence of the US. Fish and Wildlife Sewice and the California Department of Fish and Game (wildlife anencies). The Coastal Commission shall be notified and provided an opaortunitv to comment uuon urouosed substitutions of substantial restoration for the reauired creation component. Development shall be consistent with Policv 7-1.2 of this section, unless proposed impacts are specificallv identified in the HMP: these impacts shall be located to minimize imuacts to Coastal Sape Scrub and maximize protection of the Coastal.California matcatcher and its habitat. 7-1.10 Upland Habitat Mitieation Reauirements Where imuacts to the habitants stated in 7-1.9 are allowed, mitination shall be urovided as follows: a. The no net loss standard shall be satisfied as stated in 7-1.9. Tvuicallv this will consist of creation of the habitat tvpe beine imuacted (or substantial restoration where allowed) at a ratio of at least I:I as urovided in the HMP. b. Onsite ureservation is not elipible for mitipation credit in the coastal zone exceut as provided in subsection p. below. c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:I. with the creation comuonent satisfline half of the total obliaation. The remainder of the mitipation oblipation shall be satisfied pursuant to the provisions of the HMP. d. Imuacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitipated at an overall ratio of 3:1, with the creation comuonent satisflinn one-third of the total oblipation. The remainder of the mitipation oblipation shall be satisfied uursuant to the provisions of the HMP. e. Imuacts to Southern Mixed Chauarral. Native Grassland and Oak Woodland shall be mitipated resuectivelv at ratios of 1:l. 2.1 and 3.1, with the creation comuonent satisflinp the obligation or one-third of the total oblipation. The remainder of the mitipation obliration shall be satisfied uursuant to the provisions of the HMP. f: .Mitipation for imuacts within the coastal zone should be provided within the coastal zone if uossible. oarticularlv the It1 creation comuonent. in order to have no net loss of 16 54 DRAFT habitat within the coastal zone. Mitipation measures on land outside the Coastal Zone may be acceptable if such mitigation would clearlv result in higher levels of habitat rotection and value and/or would urovide sknificantlv preater mitipation ratios and ;he mitigation area is Dart of the Hip, Land area inside and outside the coastal zone which serves as mitipation for habitat impacts in the coastal zone shall be uermanently retired from development uotential and secured as Dart of the HMP preserve manapement plan as a condition of develoument amroval. g. Onsite of off-site open sDace Preserve areas mav be utilized to satisfi reauired mitigation for habitat imuacts associated with develoDment if the ureserve areas are disturbed and suitable for restoration or enhancement. or thev are devoid of habitat value and therefore suitable for the 1:I mitipation comuonent reauirinp creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of aualitativelv chanpinp habitat tvue and mav meet the creation reauirement if it restores habitat tvpe that was historicallv present, but has suffered habitat conversion or such extreme dearadation that most of the present dominant suecies are not Dart of the oripinal vegetation. Substantial restoration contrasts with enhancement activities which include weedina or Dlantinp within vegetation that retains its historical character. and restoration of disturbed areas to increase the value of existinr habitat which mav meet other mitipation reauirements Dursuant to the HMP. h. Habitat mitipation reauirements other than the creation or substantial restoration comuonent mav be Dartiallv or whollv fulfilled bv acauisition of existinp like habitat andor retirement of development credits on existinp like habitat with uermanent preservation as part of the HMP areserve manapement plan. i. All mitipation areas. onsite and offsite. shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a ureserve management Dh shall be preuared for the mitipation areas, to the satisfaction of the Citv. the wildlife agencies and the Coastal Commission. The ureserve manapement ulan shall ensure adeauate fundina to protect the ureserve as open space and to maintain the biological values of the mitieation areas in DerDetuitv. Management provisions and fundim shall be in dace prior to any imuacts to habitat. At a minimum, monitorinp reports shall be reauired as a condition of develoument aDuroval after the first and third vear of habitat mitiration efforts. The ureserve manapement ulan shall be incoruorated into the Implementation Plan of the LCP throuph an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP. j. If anv conflict should arise between the Policies of the LCP and the urovisions of the HMP, the LCP shall take urecedence. 7-1.1 1 Hiphlv Constrained Prooerties There are urouerties in the Coastal Zone that are entirelv or almost entirelv constrained bv environmentallv sensitive habitat area (ESHA). In these cases. one of the following additional standards shall aDolv: a. If more than 80% of the Drouertv bv area is covered with ESHA at least 75% of the prooertv shall be conserved. OR 17 b. If the Cirv. with the concurrences of the wildlife apencies and the Coastal Commission throuph an LCP amendment, aouroved a Hardline ureserve boundarv for any of the above-described uroperties as part of the HMP. then the amount of onsite preservation as identified in the Hardline boundorv shall apolv. 7-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be urovided as follows: a. 100 feet for wetlands b. 50 feet for riuarian areas e. 20 feet for all other native habitats (coastal sape scrub, southern maritime chauarral, maritime succulent scrub. southern mixed chauarral. native prassland, oak woodland). Buffer widths shall be measured from the edpe of oreserved habitat nearest the develoument to the closest uoint of development. For wetlands and riuarian areas possessinp an unvepetated bank or steep slope (meater than 25%). the buffer shall be measured from the top of the bank or steep slooe rather than the edpe of habitat. unless there is at least 50 feet between the riuarian or wetland area and the toe of the slope. If the toe of the sloue is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. Anv uroposed reductions in buffer widths for a specific site shall reauire suficient information to determine that a buffer of lesser width will urotect the identified resources. Such information shall include, but is not limited to. the size and tvue of the develoument and/or proposed mitipation (such as ulantina of vepetation or the construction of fencind that will also achieve the purvoses of the buffer. The California Department of Fish and Game, the US. Fish and Wildlife Service. and the Coastal Commission staff shall be consulted in such buffer determinations. No development. wadinn or alterations, includinp clearins? of vepetation. shall occur in the buffer area, excevt for: a. Fuel modification Zone 3 to a maximum of 20 feet for uuland and non-riuarian habitat. No fuel modification shall take dace within 50 feet of riuarian areas. wetlands or oak woodland. b. Recreation trails and public uathwavs within the first 15 feet of the buffer closest to the develooment, urovided that construction of the trail or uathwav and its uroposed use is consistent with the preservation poals for the adjacent habitat and that aourooriate measures are taken for uhvsical seuaration from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped wine native ulants. Sipnape and uhvsical barriers such as walls or fences shall be reauired to minimize edB &ects of development. 18 7-1.13 Hardline Preserve Boundaries The vurvose of the standards listed above is to ensure that the future develovment is sited to ureserve the maximum amount of ESHA within the coastal zone. and to establish viable habitat corridors and vresewe areas. If the Citv, with the concurrence of the wildlife arencies and the Coastal Commission throuph an LCP amendment subseauentlv avvroves a Hardline preserve boundan, for anv proverties as Dart of the HMP, then the onsite preservation included in the Hardline preserve boundan, shall avplv. 7-1.14 Steev Slove Encroachments The vercentare of steev dove encroachment allowed by the drainape and erosion control policies mav be modified for develovment consistent with the habitat vrotection policies listed above and avnroved as Dart of the adovted HMP. 19 58 DRAFT LCPA 02-10 -Exhibit C AGUA EIEDIONDA SEGMENT REVISIONS 3-13PROTECTION OFSENSITIVE NATIVE VEGETATIONAREAS the citv. in cooDeration with federal and state agencies. can Dreserve the diversitv of habitat and urotect sensitive biolopical resources within the citv and the Coastal zone. The HMP has been urepared as uart of the San Diepo County Multiple Habitat Conservation Propram (MHCP)). The MHCP will establish a coordinated habitat preserve svstem to protect listed sDecies and rare native vepetation while accommodating regional development needs. The HMP urovides a comurehensive ulan for creation and management ofurouosed Dreserve areas in the coastal zone. along with amrouriate criteria for develoument reauirements and delineation of develoumenthreservation boundaries. The creation of an effective habitat ureserve requires a careful balancinp of acauisition, preservation and mitipation reauirements. as well as enforceable monitorinp. remediation and an adeouatelv funded maintenance Droram for the ureserve area. Section 30240la) of the Coastal Act establishes a svecific mandate for resource ureservation. It states, in Dart‘ “lehironmentallv sensitive habitat areas shall be Drotected apainst any sipnificant disruDtion ofhabitat values ... ” Environmentallv sensitive habitat area fESHA) is defined in Section 30107.5 ofthe Coastal Act as “anv area in which olant of animal life or their habitats are either rare or esuecially valuable because of their suecial nature or role in an ecosystem and which could be easilv disturbed or depraded bv human activities and develo~ments. ” The renional nature of the habitat ureservation effort sets the MHCP and HMP avart from other plans affecting ESHA. where the noncomurehensive nature of the ulans and lack of regional resource protection standards reauire more stringent limitations to coastal ESHA imoacts for individual sites. The clusterinp and concentration of develoument awav from sensitive areas that will result from the proDosed standards contained in the HMP and identified in the policies below will Drovide a lorper, more contieuous preserve area than if develoument on the same DroDerties were to be aouroved on a lot- by-lot basis. 3-13-1.1 Habitat Manapement Plan The document titled “Habitat Manapement Plan for Natural Communities in the Citv of Carlsbad, December 1999 with Two Addenda” fiereafter referred to as HMP) is incorDorated herein bv reference. The Second Addendum dated December. 2002 contains additional conservation standards and habitat vrotection Dolicies that ODD& within the Coastal Zone. The HMP has been develoved so as to implement and be consistent with all other orovisions of this LCP, as amended. Anv chanpes to the HMP that affect develoDment within the coastal zone hcludina. but not limited to. changes to mitination reauirements) shall be certified bv the Coastal Commission as LCP amendments urior to becoming effective. 3-13-1.2 Environmentallv Sensitive Habitat Areas IESHA) Pursuant to Section 30240 of the California Coastal Act. environmentallv sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act. shall be Drotected 26 59 DRAFT apainst anv significant disruption of habitat values. and onlv uses dependent on those resources shall be allowed within those areas. 3-13-1.3 Coastal Sape Scrub Coastal Sape Scrub is a resource of particular importance to the ecosvstems of the Coastal Zone. due in part to the presence of the Coastal California anatcatcher (Federal Threatened) and other species. Properties containinp Coastal Sape Scrub shall conserve a minimum 67% of the Coastal Sape Scrub and 75% of the pnatcatchers onsite. Conservation of pnatcatchers shall be determined in consultation with the wildlife azencies. 3-13-1.4 Oak Woodland An oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a species of oak. In coastal southern California. that species is eeneraily Coast Live Oak fouercus aprifolia). which is commonlv found on slopes and riparian situations. Shrubs van, from occasional to common, and the herb laver is ofien continuous and dominated bv a varietv of annual arasses. 3-13-1.5 Streams A stream is a touoaraphical feature with a clear bed and bank that oeriodicaih convevs water. 3-13-1.6 Ephemeral Drainapes and Ephemeral Streams Ephemeral drainages and ephemeral streams are touoaraohic features that convw water. but only durinn and shortlv afier rainfall events in a tvpical vear. 3-13-1.7 Wetlands Pursuant to California Public Resources Code Section 30121 and Title 14. California Code of Remlations Section 13577a). 'wetland' means lands within the coastal zone which may be covered periodicalh or uermanentlv with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes. swamps, mudflats and fens. Wetland shall include land where the water table is at. near or above the land surface lona enounh to promote the formation of hvdric soils or to SUDDOrt the growth of hvdroDhvtes. and shall also include those twes of wetlands where veeetation is lackinp and soil is poorlv developed or absent as a result of freauent and drastic fluctuations of surface water levels. wave action, water flow, turbiditv or hiph concentrations of salts or other substances in the substrate. A urenonderance of hvdric soils or a ureponderance of wetland indicator species shall be considered presumptive evidence of wetland conditions. Wetlands shall be delineated followinn the definitions and boundan, descriutions in Section 13577 ofthe California Code ofRePulations. Pursuant to California Public Resources Code Section 30233. no impacts to wetlands shall be allowed except as provided in that Section. 21 PRAFT 3-13-1.8 Wetland Mitipation Reauirements If impacts to wetlands are allowed consistent with Policv 3-13-1.7, mitination shall be provided at a ratio of 3:l for riparian impacts and 4:l for saltwater or freshwater wetland or marsh impacts. 3-13-1.9 No Net Loss ofHabitat There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub. Southern Maritime Chaparral. Southern Mixed Chaparral. Native Grassland and Oak Woodland within the Coastal Zone of Carlsbad. Mitipation for impacts to anv of the habitat &Des, when permitted, shall include a creation component that achieves the no net loss standard. Substantial restoration of highly depraded areas (where effective functions of the habitat tvne have been lost) may be substituted for creation subject to the consultation and concurrence of the US. Fish and Wildlife Service and the California Department of Fish and Game (wildlife apencies). The Coastal Commission shall be notified and provided an opportunitv to comment upon proposed substitutions of substantial restoration for the required creation component. Development shall be consistent with Polin, 3-13-1.2 of this section, unless proposed impacts are specifically identified in the HMP: these impacts shall be located to minimize impacts 10 Coastal Sape Scrub and maximize protection of the Coastal California pnatcatcher and its habitat. 3-13-1.10 Upland Habitat Mitipation Reauirements Where impacts to the habitats stated in 3-13-1.9 are allowed. mitieation shall be provided as follows: a. The no net loss standard shall be satisfied as stated in 3-13-1.9. TvDicah this will consist of creation of the habitat tvpe beinp impacted (or substantial restoration where allowed) at a ration of at least 1 :I as provided in the HMP. b. Onsite preservation is not eligible for mitipation credit in the coastal zone except as provided in subsection P. below. c. Impacts to Coastal Sage Scrub shall be mitipated at an overall ratio of 2:1 with the creation com~onent satisfvinp half of the total oblipation. The remainder of the mitipation oblipation shall be satisfied pursuant to the provisions of the HMP. d. Impacts to Southern Maritime Chaparral of Maritime Succulent Scrub shall be mitipated at an overall ratio of 3:l. with the creation component satisfvina one- third of the total oblipation. The remainder of the mitipation oblipation shall be satisfied pursuant to the provisions of the HMP. e. Impacts to Southern Mixed ChaDarra[. Native Grassland and Oak Woodland shall be mitipated respectivelv at ratios of I:l, 2:1 and 3:13 with the creation component satisfvinp the oblipation or one-third of the total oblipation. The remainder of the mitication oblipation shall be satisfied pursuant to the provisions of the HMP. 28 DRAFT f Mitipation for imuacts within the coastal zone should be provided within the coastal zone. ifvossible. Darticularlv the 1:I creation comuonent, in order to have no net loss of habitat within the coastal zone. Mitipation measures on land outside the Coastal Zone mav be acceptable if such mitipation would clearlv result in hipher levels of habitat urotection and value and/or would provide sipnificantlv greater mitipation ratios, and the mitigation area is part of the HMP. Land area inside and outside the coastal zone which serves as mitipation for habitat impacts in the coastal zone shall be permanentlv retired from develoument potential and secured as Dart of the HMP preserve manapement plan as a condition of development auoroval. g. Onsite of off-site open mace preserve areas mav be utilized to satisfv reauired mitipation for habitat impacts associated with develoument if the ureserve areas are disturbed and suitable for restoration or enhancement, or thev are devoid of habitat value and therefore suitable for the 1:I mitipation component reauiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of aualitativelv chanpinn habitat tvpe and mav meet the creation reauirement if it restores habitat fvpe that was historicallv uresent. but has suffered habitat conversion or such atreme depradation that most of the present dominant species are not Dart of the oripinal vepetation. Substantial restoration contrasts with enhancement activities, which include weedinp. or planting within vepetation that retains its historical character, and restoration of disturbed areas to increase the value of existina habitat which mav meet other mitipation reauirements uursuant to the HMP. h. Habitat mitipation reauirements other than the creation or substantial restoration component mav be uartiallv or whollv fulfilled bv acquisition of existinp like habitat and/or retirement of development credits on existinp like habitat with permanent preservation as Dart of the HMP preserve manapement ulan. i. All mitipation areas. onsite and offsite. shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a ureserve manaeement plan shall be prepared for the mitipation areas, to the satisfaction of the Citv. the wildlife apencies and the Coastal Commission. The preserve manapement olan shall ensure adeauate fundinp to urotect the ureserve as ouen mace and to maintain the biolopical values of the mitipation areas in ueruetuitv. Manapement provisions and fundinz shall be in place prior to any impacts to habitat. At a minimum, monitorinp revorts shall be reauired as a condition of develoument auuroval after the first and third vear of habitat mitipation efforts. The ureserve manapement ulan shall be incorvorated into the Imulementation Plan of the LCP throuph and LCP Amendment within one vear of Commission certification of the HMP as vart of the certified LCP. j. If any conflict should arise between Policies of the LCP and the urovisions of the HMP. the LCP shall take urecedence. 29 DRAFT 3-13-1.11 Hiehlv Constrained Properties There are properties in the Coastal Zone that are entirelv or almost entirelv constrained by environmentallv sensitive habitat area (ESHA). In these cases, one of the following additional standards shall apdv: a. If more than 80% of the prooertv bv area is conserved with ESHA at lease 75% of the propertv shall be conserved. OR b. If the Citv. with the concurrences of the wildlife anencies and the Coastal Commission throuph an LCP amendment, apuroved a Hardline preserve boundaw for any of the above-described properties as part of the HMP, then the amount of onsite preservation as identified in the Hardline boundan, shall aDdV, 3-13-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: a. 100 feet for wetlands b. 50 feet for riparian areas c. 20 feet for all other native habitats (coastal sage scrub. southern maritime chauarral, maritime succulent scrub, southern mixed chaparral. native prassland, oak woodland). Buffer widths shall be measured from the edge of oreserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessinp an unvepetated bank or steep slope (greater than 25%). the buffer shall be measured from the top of the bank or steep slope rather than the edpe of habitat. unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less that 50 feet from the wetland or riparian area. the buffer shall be measured from the top of the slope. Anv DrODOSed reductions in buffer widths for a specific site shall reauire suficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include. but is not limited to, the size and tvoe of the development and/or prouosed mitigation (such as planting of vepetation or the Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal construction of fencing) that will also achieve the purposes of the buffer. The California Commission staffshall be consulted in such buffer determinations. NO the buffer area, except for: a. Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riuarian area, wetlands or oak woodland. 30 63 DRAFT b. Recreation trails and uublic Dathwavs within the first I5 feet of the buffer closest to the deve1oDment. urovided that construction of the trail or pathway and its roDosed use is consistent with the ureservation aoals for the adiacent habitat. and ?hat aDDroDriate measures are taken for Dhvsical SeDaration from sensitive areas. Buffer areas that do not contain native habitat shall be landscaued usinp native plants. Sipnape . and uhvsical barriers such as walls or fences shall be reauired to minimize edee effects of develoDment. 3-13-1.13 Hardline Preserve Boundaries The DurDose of the standards listed above is to ensure that future develoument is sited to preserve the maximum amount of ESHA within the coastal zone. and to establish viable habitat corridors and preserve areas. If the Citv, with the concurrence of the wildlife apencies and the Coastal Commission throuph an LCP amendment subseauentlv aDuroves a Hardline Dreserve boundary for anv moperties as Dart of the HMP. then the onsite preservation included in the Hardline ureserve boundarv shall aoulv. 3-14 GRADING AND LANDSCAPING REOUIREMENTS In addition to the reauirements of the model pradinp ordinance in the Carlsbad Master Drainape Plan. permitted new develoDment shall also comdv with the followinp reauirements: a. Gradinp activitv shall be prohibited durina the rainy season: fiom October I" to April I" of each year. b. All waded areas shall be landscaped urior to October I" of each year with either temnorarv or permanent landscaDinp materials, to reduce erosion uotential. Such 1andscaDina shall be maintained and replanted if not well-established bv December I" followinp the initial plantin& c. The October 1'' pradinp season deadline may be extended with the amraval of the Citv Engineer subiect to imulementation bv October 1" of special erosion control measures desipned to urohibit discharpe of sediments off-site durinp and afrer the aradinp oDeration. Extensions bevond November IS" mav be allowed in areas of very low risk of imuact to sensitive coastal resources and mav be aDDroved either as Dart of the original coastal develoDment uermit or as an amendment to an existing coastal develooment Dermit. d. If anv of the responsible resource agencies prohibit wadinp ouerations durinp the summer wading period in order to Drotect endanpered or rare sDecies or sensitive environmental resources. then gradinp activities mav be allowed durine the winter bv a coastal devefoument permit or oermit amendment. vrovided that aDDroDriate best manapement Dractices /BMPs) are incotvorated to limit potential adverse impacts from winter nradinp activities. 31 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 21 28 prepare PLANNING COMMISSION RESOLUTION NO. 5362 A RESOLUTION OF THE PLANNING COMMISSION OF THE MENDING APPROVAL OF ADDENDUM NO. 2 TO THE HABITAT MANAGEMENT PLAN TO INCORPORATE ADDITIONAL HABITAT CONSERVATION STANDARDS FOR PROPERTIES LOCATED WITHIN THE BOUNDARIES OF THE COASTAL ZONE AND TO ESTABLISH CONFORMANCE WITH THE CARLSBAD LOCAL COASTAL PROGRAM. CASE NAME: HABITAT MANAGEMENT PLAN CASE NO: DI 02-01 WHEREAS, Addendum No. 2 to the Habitat Management Plan has been CITY OF CITY CARLSBAD, CALIFORNIA, RECOM- d by the Planning Director and submitted to the Planning Commission; and WHEREAS, the Addendum was prepared in order to establish consistency between the Habitat Management Plan and new conservation standards being added to the City’s Local Coastal Program; and WHEREAS, California State law requires consistency between all Local Coastal Plan and Zoning regulations; and WHEREAS, the Addendum promotes the original intent of the HMP, which is to protect sensitive habitat; and WHEREAS, the Planning Commission did on the 22nd day of January, 2003 consider said matter and all factors relating to the Discussion Item; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That based on the evidence presented at the meeting, the Commission RECOMMENDS APPROVAL of Addendum No. 2 to the Habitat Management Plan as contained in Exhibit “X” to this resolution. Findings: 1. The Addendum will create consistency between the Habitat Management Plan and the Local Coastal Plan. 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 2. The Addendum is consistent with the original intent of the Habitat Management Plan which is to ensure the conservation of sensitive habitat while also allowing compatible economic development of public and private property. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of January, 2003, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Chairperson Baker, Commissioners Whitton, Dorninguez, Heineman and Segall Commissioner White PC RES0 NO. 5362 -2- ATTEST: Planning Director EXHIBIT “X” SECOND ADDENDUM TO THE CARLSBAD HABITAT MANAGEMENT PLAN BASED ON COMMENTS FROM THE CALIFORNIA COASTAL COMMISSION AND INCLUDING MISCELLANEOUS REVISIONS December 16,2002 Second Addendum to HMP - Page # 1 A. BACKGROUND TO SECOND ADDENDUM The Habitat Management Plan for Natural Communities in the City of Carlsbad (HMP) was approved by the Carlsbad City Council on September 21, 1999. Subsequently, the first addendum was prepared based on comments by the U.S. Fish and Wildlife Service and California Department of Fish and Game. The completed document dated December 1999 with Addendum was submitted to the wildlife agencies for approval of an Incidental Take Permit under section lO(a)(l)(B) of the Endangered Species Act. In August 2000 the federal Office of Ocean and Coastal Resource Management granted the California Coastal Commission’s request for a Consistency Review of the HMP. This action precluded approval of the Incidental Take Permit until the Coastal Commission has approved the Consistency Review. The purpose of the Consistency Review in this case is to determine whether issuance of the Incidental Take Permit to Carlsbad would be consistent with the California Coastal Act. As a result of discussions between the City of Carlsbad and the Coastal Commission, it was determined that the Consistency Review should be accompanied by revisions to the HMP and to the Carlsbad Local Coastal Program. This Second Addendum comprises the revisions to the HMP as recommended by the Coastal Commission. B. REVISIONS 1. Revise Section D. Conservation Strategy by the addition of a new Subsection beginning on Page D-96 as follows: 7. Additional Conservation Standards To Be Applied To Properties in the Coastal Zone. 7-1 7-2 Environmentally Sensitive Habitat Areas (ESHA) Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shali be allowed within those areas. Coastal Sage Scrub Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species. Properties containing Coastal Sage Scrub located in the Coastal Zone shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be determined in consultation with the wildlife agencies. Second Addendum to HMP - Page # 2 7-3 Oak Woodland which a dominant tree species is a species of oak. In coastal southern An oak woodland is a closed to relatively open stand of trees within California, that species is generally Coast Live Oak (Quercus agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to common, and the herb layer is often continuous and dominated by a variety of annual grasses. 7-4 Streams A stream is a topographical feature with a clear bed and bank that periodically conveys water. 7-5 Ephemeral Drainages and Ephemeral Streams Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during and shortly after rainfall events in a typical year. 7-6 Wetlands Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of Regulations Section 13577(b). 'wetland' means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps. mudflats. and fens. Wetland shall include land where the water table is of hydric soils or to support the growth of hydrophytes, and shall also at, near, or above the land surface long enough to promote the formation include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be considered presumptive evidence of wetland conditions. Wetlands in the Coastal Zone shall be delineated following the definitions and boundary descriptions in Section 13577 of the California Code Of Regulations. Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed in the Coastal Zone except as provided in that Section. 7-7 Wetland Mitigation Requirements mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:l If impacts to a wetland are allowed consistent with Policy 7-6 above, for saltwater or freshwater wetland or marsh impacts. 7-8 No Net Loss of Habitat There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall Second Addendum to HMP - Page # 3 include a creation component that achieves the no net loss standard. functions of the habitat type have been lost) may be substituted for Substantial restoration of highly degraded areas (where effective creation subject to the consultation and concurrence of the US. Fish and Wildlife Service and the California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. Development shall be consistent with Policy 7-1 of this subsection, unless proposed impacts are specifically identified in the HMP; these impacts shall be located to Coastal California gnatcatcher and its habitat. minimize impacts to Coastal Sage Scrub and maximize protection of the 7-9 Upland Habitat Mitigation Requirements Where impacts to the habitats stated in 7-1 are allowed, mitigation shall be provided as follows: a. The no net loss standard shall be satisfied as stated in 7-8. Typically this will consist of creation of the habitat type being impacted (or provided in the HMP. substantial restoration where allowed) at a ratio of at least 1:l as b. Onsite preservation is not eligible for mitigation credit in the coastal zone. Onsite or off-site open space preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with development if the preserve areas are disturbed and suitable for restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:l mitigation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of qualitatively changing habitat type and may meet the creation requirement if it restores habitat type that was historically present, but has suffered habitat conversion or such extreme degradation that most of the present dominant species are not part of the original vegetation. Substantial restoration contrasts with enhancement activities which include weeding or planting within vegetation that retains its historical character, and restoration of disturbed areas to increase the value of existing habitat which may meet other mitigation requirements pursuant to the HMP. c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation component satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an overall ratio of 3:i. with the creation component satisfying one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. e. Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be mitigated respectively at ratios of l:l, 3:l. and 3:1, with the creation component satisfying the obligation or one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. Second Addendum to HMP - Page # 4 f. Mitigation for impacts within the coastal zone should be provided within the coastal zone if possible, particularly the 1:l creation component, in order to have no net loss of habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if such mitigation would clearly result in higher levels of greater mitigation ratios, and the mitigation area is part of the HMP. habitat protection and value andlor would provide significantly mitigation for habitat impacts in the coastal zone shall be Land area inside and outside the coastal zone which serves as permanently retired from development potential and secured as part of the HMP preserve management plan as a condition of development approval. g. Habitat mitigation requirements other than the creation or substantial acquisition of existing like habitat and/or retirement of development restoration component may be partially or wholly fulfilled by credits on existing like habitat with permanent preservation as part of the HMP preserve management plan. h. All mitigation areas, onsite and offsite. shall be secured with a conservation easement in favor of the wiidlife agencies. In addition, a areas, to the satisfaction of the City, the wildlife agencies, and the preserve management plan shall be prepared for the mitigation adequate funding to protect the preserve as open space and to Coastal Commission. The preserve management plan shall ensure maintain the biological values of the mitigation areas in perpetuity. Management provisions and funding shall be in place prior to any impacts to habitat. At a minimum, monitoring reports shall be required as a condition of development approval after the first and third year of habitat mitigation efforts. The preserve management plan shall be incorporated into the Implementation Plan of the LCP through an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP. i If any conflict should arise between the provisions of the HMP and the policies of the LCP. the LCP shall take precedence. 7-10 Highly Constrained Properties There are properties in the Coastal Zone that are entirely or almost entirely constrained by environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards shall apply: a. If more than 80% of the property by area is covered with ESHA at least 75% of the property shall be conserved, OR b. If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP amendment, approves a Hardline preserve boundary for any of these properties as part of the HMP, then the amount of onsite preservation as identified in the Hardline boundary shall apply. 7-1 1 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: a. 100 ft. for wetlands b. 50 ft. for riparian areas Second Addendum to HMP - Page # 5 b. 50 ft. for riparian areas c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope-rather than the edge of habitat, unless there is at least 50 ft. between the riparian or wetland area and the toe of the slope. area, the buffer shall be measured from the top of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Commission staff shall be consulted in such buffer determinations. Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal shall occur in the buffer area, except for: No development, grading, or alterations, including clearing of vegetation, a. Fuel modification Zone 3 to a maximum of 20 ft. for upland and non- riparian habitat. No fuel modification shall take place within 50 ft. of riparian areas, wetlands, or oak woodland. b. Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the measures are taken for physical separation from sensitive areas. preservation goals for the adjacent habitat, and that appropriate native plants. Signage and physical barriers such as walls or fences Buffer areas that do not contain native habitat shall be landscaped using shall be required to minimize edge effects of development. 7.12 Grading and Landscaping Requirements In addition to the requirements of the model grading ordinance in the comply with the following requirements: Carlsbad Master Drainage Plan, permitted new development shall also a. Grading activity shall be prohibited during the rainy season: from October 1st to April 1st of each year. b. All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials. to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting. Second Addendum to HMP - Page # 6 c. The October 1st grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1st of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15th may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit. permit or as an amendment to an existing coastal development d. If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate best management practices (BMPs) are incorporated to limit potential adverse impacts from winter grading activities. 7.13 City Owner Lands Adjacent To Macario Canyon and Veterans Memorial Park The City of 'Carlsbad owns approximately 521 acres in and adjacent to municipal golf course has been proposed for a portion of the property, Macario Canyon, a portion of which is located in the Coastal Zone. A and a public park is planned for another portion. Development of the property shall be subject to the following policies regarding protection of habitat: a. The impact and conservation areas for the municipal golf course are shown as a Hardline design in the HMP (Figure B Revised) and, which shall serve as the standard of review for determining areas in which development may occur in the future. Areas shown for conservation shall not be impacted or disturbed except for revegetation, restoration, and other similar activities related to mitigation. Areas shown for impact may be fully developed with appropriate mitigation. b. Any impacts to Coastal Sage Scrub shall be mitigated by on-site creation at a ratio of 2:l in compliance with the no net loss standard stated in 7-1. Onsite revegetation or restoration may be done on agricultural, disturbed or non-native grassland areas. For impacts to the Coastal California gnatcatcher, additional mitigation shall be supporting gnatcatchers. Impacts to dual criteria slopes shall not provided by acquisition and preservation at a 1:l ratio of land exceed 10%. c. In order to provide a viable north-south wildlife corridor across Macario Canyon, the area shown on the HMP Hardline map as "Veterans Memorial Park Wildlife Corridor" shall be conserved concurrent with any impacts to the Macario Canyon property. No development shall occur within the Wildlife Corridor except a designated trail and rest areas along the trail. d. Protection and management of all mitigation areas shall be consistent with 7-9(f) and (h). Second Addendum to HMP - Page # 7 '13 e. The area shown as Veterans Memorial Park Development Area” is designated for public recreational use. It is the intent of this policy that the public park area be developed so as to maximize public access and provide a variety of recreational opportunities. Steep slope areas shallbe planned for more passive type uses with grading of such areas limited to the amount necessary to allow such uses. f. Segments of the Citywide Trail System viewpoints. and other opportunities for public access shall be incorporated into the development areas. g. In the riparian area of Macario Canyon Creek, two crossings shall be allowed, as shown in the HMP Hardline exhibit. Crossing #1 shall structure. No riparian impacts shall occur for either crossing. utilize the existing farm road. Crossing #2 shall utilize a bridge span h. The design of riparian buffers shall be as shown in the HMP. Buffers shall be landscaped with appropriate native, non-invasive plants to provide a natural transition between recreational areas and riparian habitat, as well as to discourage human intrusion into the riparian area. Appropriate signing and fencing will also be utilized. 7-14 Other Parcels - Specific Habitat Protection Standards The following standards apply to those parcels in Zones 20 and 21 shown on Exhibit A to this Addendum which are located within the biological core and linkage areas designated in the MHCP. They are in addition to the applicable, general conservation standards contained in 7-1 through 7-11 and the HMP. The standards are intended to direct development to existing disturbed areas to the maximum extent feasible, limit impacts to native vegetation, and establish viable core and linkage areas as delineated in the HMP. In general, each property shall be allowed to develop at least 25% of the site with appropriate mitigation as specified in 7-8 through 7-1 1. When individual properties are proposed for rezoning or development, detailed biological information will be required to determine whether the proposal is consistent with the HMP, subsection 7 and the standards below, based upon the actual type, location and condition of onsite resources, and the appropriate locations of development and preservation areas. A. Assessor’s Parcel No. 207-100-48 (Aura Circle) - Avoid removal of maritime succulent scrub. Preserve at least 75% of coastal sage scrub. Mitigate habitat impacts by creation or enhancement of like habitat adjacent to Agua Hedionda Lagoon if possible, as part of overall mitigation requirements. B. Assessor‘s Parcel No. 212-120-33 (Hieatt) - No impact to vernal pools. Minimize impact to vernal pool watersheds. C. Assessor‘s Parcel No. 212-010-3 (Kirgis) - Preserve 75% of property with development clustered immediately adjacent to Kelly Ranch. D. Assessor’s Parcel No. 215-070-38 (Fernandez) - Cluster development on disturbed areas to the maximum extent feasible. Maximum 10% impact on CSS and SMC for access purposes. Second Addendum to HMP - Page # 8 E. Assessor's Parcel No. 215-040-03 (Muroya) - Cluster development on disturbed areas to the maximum extent feasible. Maximum 10% impact on CSS and SMC for access purposes. F. Assessor's Parcel No. 215-070-13 and 36 (Promenade) - Cluster development on disturbed areas. No impacts to native habitat allowed. G. Assessor's Parcel No. 214-170-54, 58. 59, 72, 74, 75, 79, 80, 81, 84 and 85 (ThompsonlTabata) - Cluster development on disturbed areas. No impacts to native habitat allowed. H. Assessor's Parcel No. 215-80-04 and 22 (Redeemer by the Sea) - Cluster development on disturbed areas. No impacts to native habitat allowed. I. Assessor's Parcel No. 212-040-50 (Emerald Point) - Development limited to disturbed and non-native grassland areas. No impacts to native habitat allowed. J. Assessor's Parcel No. 215-020-06 (RWSB) - Development limited to disturbed portion of property adjacent to Cassia Lane. Impacts to SMC habitat limited to construction of Poinsettia Lane and additional 10% encroachment for onsite access. K. Assessor's Parcel NO. 215-020-07 (Maldonado) - Cluster development southwest of future Poinsettia Lane extension. No impacts to the coast oak woodland and riparian area except for Poinsettia Lane extension. Consider wildlife crossing through Poinsettia Lane if required by wildlife resource agencies. The disturbed area northeast of Poinsettia Lane is recommended for offsite mitigation for other properties in Zone 21. L. Assessor's Parcel No. 215-050-21 (Namikas) - Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. M. Assessor's Parcel No. 215-050-22 (Sudduth) - Development shall be limited to a maximum of 25% of the property, not including Poinsettia the property. No impacts to coast oak woodland, riparian areas or Lane construction, and shall be clustered on the western portion of wetlands except for Poinsettia Lane extension. N. Assessor's Parcel No. 215-05044, 45, 46, 47 (Kevane) - Development shall be limited. to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension 0. Assessor's Parcel No. 215-050-12 (Reiter) - Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. Second Addendum to HMP - Page # 9 P. Assessor’s Parcel No. 215-050-73 (Levatino) - Maximum 25% development clustered on the southern portion of the property. The parcel specific standards listed above are adopted because hardline of the HMP. The purpose of the standards is to ensure that future preserve boundary lines were not established at the time of preparation development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish a viable habitat corridor and preserve area in Zones 20 and 21. If the City, with the concurrence of the wildlife agencies and the Coastal Commission through an LCP amendment, subsequently approves a Hardline preserve boundary for any of the above-described properties as part of the HMP, then the onsite preservation included in the Hardline preserve boundary shall apply. 2. The attached Figure 8 - Revised - City Golf Course shall replace the existing Figure 8 on Page D-19. 3. Hardline Preserve Boundary maps (attached) for the Summit Property and the Mandana Property shall be incorporated into the HMP and identified as Figures 34 and 35. Second Addendum to HMP - Page # 10 7L Figure 8 - Revised City Golf Course 850 425 0 850 S Pmted 15 JmuW 2003 har~,sup~unuplann~nplRsl.wG~ouns.m~d Feet 78 1 Fig.ure 34 1 Summit at Carlsbad Property .+ S Figure 35 Mandana Property + S 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 PLANNING COMMISSION RESOLUTION NO. 5363 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD,. CALIFORNIA, APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CARLSBAD MUNICIPAL GOLF COURSE CASE NAME: HABITAT MANAGEMENT PLAN/MUNICI- PAL GOLF COURSE CASE NO.: EIR 97-01 ADDENDUM WHEREAS, the Planning Commission of the City of Carlsbad certified a Final Environmental Impact Report (EIR 97-01) for the Carlsbad Municipal Golf Course on June 7,2000; and WHEREAS, certain design modifications to the plans for the Municipal Golf Course have been made in order to comply with new habitat protection standards for properties in the Coastal Zone being incorporated into the Carlsbad Local Coastal Program; and WHEREAS, the Planning Director has reviewed the modifications to the design of the Golf Course and has prepared an Addendum to Environmental Impact Report, EIR 97-01, according to Exhibit “Y,” attached hereto and made a part hereof; and WHEREAS, the Planning Commission did on the 22nd day of January, 2003, hold a.duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, examining the Addendum, analyzing the information submitted by staff, and considering any written comments received, the Planning Commission considered all factors relating to the Addendum. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of Carlsbad as follows: A) That the foregoing recitations are true and correct. B) That the Addendum to the Final Environmental Impact Report for the Carlsbad Municipal Golf Course as contained in Exhibit “Y” is hereby APPROVED based on the following findings: 81 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 Findings: 1. The Planning Commission of the City of Carlsbad does hereby find that the Addendum to Final EIR 97-01 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Carlsbad. 2. The Planning Commission of the City of Carlsbad finds that the Addendum to Final EIR 97-01 reflects the independent judgment of the City of Carlsbad Planning Commission. 3. The Planning Commission of the City of Carlsbad does hereby find that adoption of an Addendum to EIR 97-01 is appropriate and in conformance with CEQA in this case because some changes or additions to EIR 97-01 are necessary, but none of the conditions described in Section 15162 of CEQA calling for preparation of a subsequent EIR have occurred, in that: A. There are no significant new environmental effects and no substantial increase in the severity of a previously identified significant effect. The design revisions to the plans for the Carlsbad Municipal Golf Course are a result of complying with additional habitat protection standards in the Coastal Zone. The revisions would result in greater protection of coastal habitat resources and would reduce the severity of previously identified impacts. B. There has been no substantial change with respect to the circumstances under which the project is being undertaken. C. There is no new information of substantial importance that was not known at the time of preparation of EIR 97-01. D. Except for increased on-site restoration, the mitigation measures are not considerably different from those analyzed in EIR 97-01 and there are no mitigation measures previously found not to be feasible that are now found to be feasible which would substantially reduce one or more significant effects of the project. ... l.. 1.. PC RES0 NO. 5363 -2- 1 2 1 - 4 L - c * I t I 1( 11 1; 1: 1' I! 1t 1: 1) l! 2( 2: 2: 2: 2r 21 2( 2: 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, California, held on the 22nd day of January, 2003, by the following vote, to wit: AYES: Chairperson Baker, Commissioners Whitton, Dominguez, Heineman and Segall NOES: Commissioner White ABSENT: ABSTAIN: Gk R. Chaimerson CA&SF& PLANNING COMMISSION ATTEST: . Planning Director PC RES0 NO. 5363 -3- 83 EXHIBIT Y ADDENDUM TO MUNICIPAL GOLF COURSE EIR On June 7, 2000, the Carlsbad Planning Commission approved Coastal Development Permit CDP 97-25 and certified Environmental Impact Report EIR 97-01, approving the Carlsbad Municipal Golf Course. Subsequently, the California Coastal Commission appealed the CDP 97-25 based on concerns regarding impacts to biological resources in the coastal zone portion of the project, in particular wetlands and coastal sage scrub on slopes. The City of Carlsbad held discussions with the Coastal Commission regarding their concerns, resulting in modifications to the golf course design which completely eliminated all wetland impacts in the Coastal Zone portion of the project and reduced other habitat impacts. The revised golf course layout is shown on Attachment B. The existing golf course layout is shown on Attachment A. The following is a summary of the design modifications: 1. The approximate 5 acre commerciallindustrial pad at the northeast comer of Hidden Valley Road and Palomar Airport Road has been deleted to avoid any impacts to wetlands. 2. The golf practice range has been narrowed slightly and reoriented to avoid wetland impacts. 3. Hole 1 has been relocated to avoid wetland impacts 4. The most northwesterly cart path between holes 12 and 13 has been deleted, eliminating a creek crossing and thereby avoiding wetland impacts. 5. Existing hole #I2 has been deleted in order to provide greater protection for one gnatcatcher territory. It has been replaced by a new hole on agricultural land located between existing holes 13 and 15. Holes 12, 13 and 14 have been renumbered to reflect these revisions. 6. The approximate 6.7 acre industrial parcel located on the north side of College Boulevard and to provide greater protection for one gnatcatcher territory. has been reconfigured to reduce impacts to coastal sage scrub, to enlarge a wildlife corridor, 7. The cart path between holes 15 and 16 has been modified to reduce wetland impacts. 8. Habitat impacts are being mitigated by increased on-site creation of like habitat at a 2:l ratio. As a result of the above described revisions, all impacts to wetlands and southern maritime chaparral in the Coastal Zone have been eliminated. The following table shows the revised impacts to onsite sensitive vegetation and the modified mitigation requirements as a result of the revised Coastal Zone Coastal Zone The City of Carlsbad Planning Department EXHIBIT 5 A REPORT TO THE PLANNING COMMISSION Application complete date: P.C. AGENDA OF: January 22,2003 Project Planner: Don Rideout Michael Holzmiller Project Engineer: SUBJECT: LCPA 02-101EIR 97-01 ADDENDUM ID1 02-01 (HMP ADDENDUM #2) - HABITAT MANAGEMENT PLAN - Request for an amendment to the City’s Local Coastal Program (LCP) by amending three LCP segments (Mello 11, Mello I and Agua Hedionda) to add habitat conservation standards to remaining undeveloped properties in the Coastal Zone, adding an addendum (#2) to the City’s Draft Habitat Management Plan (HMP) to incorporate the additional standards, adopting a Negative Declaration for the additional standards and approving an Addendum to the previously certified Environmental Impact Report (EIR 97-01) for the City’s Municipal Golf Course . I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 5360 RECOMMENDING ADOPTION of a Negative Declaration, and ADOPT Planning Commission Resolutions No. 5361 and 5362 RECOMMENDING APPROVAL of Local Coastal Plan Amendments (LCPA 02-10) and DI 02-01 for HMP Addendum No. 2, and ADOPT Planning Commission Resolution No. 5363 APPROVING an Addendum to EIR 97-01; and that the Planning Commission forward a minute motion to the City Council to direct staff to submit design revisions to the Municipal Golf Course plan to the California Coastal Commission in order to resolve the pending appeal of Golf Course Coastal Development Permit (CDP 97-25). 11. INTRODUCTION This item involves several actions related to applying additional habitat protection and conservation measures to the remaining undeveloped properties in the City’s coastal zone. The LCPA includes revisions and additions to incorporate the measures into three LCP segments (Mello 11, Mello I and Agua Hedionda). The City’s draft Habitat Management Plan is also proposed to be amended by adding an Addendum (Addendum #2) to incorporate the coastal habitat protection standards into the HMP document. Finally, several design revisions to plans for the City’s Municipal Golf Course are being proposed in order to comply with the new coastal habitat standards. A detailed description of the actions is provided in this report, as well as an analysis of how the actions are consistent with applicable City plans and programs including the General Plan, the City’s Coastal Program and the draft HMP. Staffs analysis concludes that the actions are consistent with these plans and programs and, therefore, staff is recommending support of the requested actions. LCPA 02-10iEIR 97-01 Addendum1 02-01HMP Addendum #2 - HABITAT MANAGEMENT PLAN January 22,2003 Page 2 111. PROJECT DESCRIPTION AND BACKGROUND A. BACKGROUND Since 1991 the City of Carlsbad has been working on a HMP. The purpose of the plan is to conserve sensitive species and their habitat while also providing for compatible public and private development. The HMP was approved by the Carlsbad City Council on September 21, 1999. Subsequently, the first addendum was prepared based on comments by the US. Fish and Wildlife Service and California Department of Fish and Game. The completed document dated December 1999 with Addendum was submitted to the wildlife agencies for approval of an Incidental Take Permit. In August 2000 the federal Office of Ocean and Coastal Resource Management granted the California Coastal Commission’s request for a Consistency Review of the HMP. This action precluded approval of the Incidental Take Permit until the Coastal Commission has approved the Consistency Review. The purpose of the Consistency Review in this case is to determine whether issuance of the Incidental Take Permit to .Carlsbad would be consistent with the California Coastal Act. As a result of discussions between the City of Carlsbad and the Coastal Commission, it was determined that the Consistency Review should be accompanied by revisions to the HMP and to the Carlsbad LCP. The revisions are the subject of this staff report. In addition to the revisions to the HMP and LCP, this staff report addresses modifications to the proposed Municipal Golf Course. On June 7,2000, the Carlsbad Planning Commission certified Environmental Impact Report EIR 97-01 and approved Coastal Development Permit CDP 97-25, approving the Golf Course project. Subsequently, the California Coastal Commission appealed CDP 97-25 based on concerns regarding impacts to biological resources in the coastal zone portion of the project. Modifications have been made to the Golf Course design addressing the Coastal Commission’s concerns. An addendum to EIR 97-01 has been prepared and is attached. The Golf Course project modification is closely linked to both the HMP and LCP, and the various actions are therefore being processed concurrently, as further described below. B. PROJECT DESCRIPTION LCP AMENDMENTS - The Carlsbad LCP consists of six segments. Three of these segments are proposed for revision at this time. They are Mello I, Mello 11, and Agua Hedionda. The remaining three segments (Village Redevelopment Area, West Batiquitos and East Batiquitos) have been reviewed and do not require amendment. Mello I1 contains the majority of undeveloped land and habitat in the coastal zone. The table below is a summary of the key provisions added to the Mello I1 segment. For further detail, please refer to the revised text of Mello II which is provided as Exhibit “A” to Resolution No. 5361. LCPA 02-1OiEIR 97-01 Addendud1 02-01HMP Addendum #2 - HABITAT MANAGEMENT PLAN January 22,2003 TABLE 1. MAJOR CONSERVATIOh Impacts to Habitat Mitigation Wetlands Clonservation Standards Buffers Zolf Course Preserve Management Plan IEASURES IN THE COASTAL ZONE Impacts to Environmentally Sensitive Habitat Areas (ESHA) are prohibited unless specifically identified in the HMP. Mitigation must include creation of new habitat of the type being impacted at a ratio of 1 : 1 to achieve a "no net loss" standard. Additional mitigation must be as previously identified in the HMP. Offsite mitigation inside the coastal zone is preferred but may be outside the coastal zone if it would result in greater biological benefit. No impacts to wetlands except for uses allowed by Coastal Act. When allowed, impacts must be mitigated at 4:l ratio. Detailed conservation standards are provided for 15 specified properties. If 80% or more of a property is ESHA, 75% of the property must be conserved. At least 67% of coastal sage scrub and 75% of gnatcatchers must be preserved. Hardline boundaries can be negotiated in lieu of standards. Boundaries differing from standards require LCP amendment. 100 ft. for wetlands. 50 ft. for riparian and coast live oak woodland. 20 A. for all other native habitat. Trails and fuel modification zone 3 are permitted in buffers. Coastal Commission can support if it complies with new Mello II standards. Plan must be prepared within 1 year from approval of Hh4P. Must be adopted by LCP amendment. ?or Mello I and Agua Hedionda, the same measures as stated above apply, with the exception of :he list of 16 specified properties and the golf course. The revised text of Mello I and Agua 3edionda are provided as Exhibits "B and "C" to Resolution No. 5361. LCPA 02-10/EIR 97-01 Addendum/DI 02-01HMP Addendum #2 - HABITAT MANAGEMENT PLAN January 22,2003 Page 4 HMP SECOND ADDENDUM - In order to reflect the new standards that will apply inside the coastal zone and to maintain consistency with the LCP, a second addendum to the HMP has been prepared. The addendum, which is provided as Exhibit “X” to Resolution No. 5362, incorporates all of the new LCP provisions outlined above, in most instances using identical wording. In addition, the addendum includes new Hardline boundaries for two properties that are outside the coastal zone (the Summit and Mandana). These Hardline boundaries have been prepared during the time that the approval of the HMP has been on hold. GOLF COURSE - Due to the revisions needed to the Municipal Golf Course design for compliance with new coastal habitat protection policies, it is necessary to process an addendum to the certified Environmental Impact Report for the Golf Course (EIR 97-01). The addendum, which is provided as Exhibit “Y” to Resolution No. 5363, describes the changes that have been made in the design, provides schematic exhibits showing the original and revised layouts, and includes a revised table of impacts and mitigation. With respect to mitigation, a greater amount of on-site habitat creation will be provided in order to comply with the new standards being included in the Local Coastal Program. In addition all impacts to wetlands and southern maritime chaparral inside the Coastal Zone have been eliminated. Because the changes to the Golf Course were for the purpose of greater habitat protection, all impacts have been reduced compared with EIR 97-01 as originally certified. In conjunction with the EIR addendum, staff is also recommending that the Planning Commission, by motion, recommend to the City Council that the revision to the Golf Course design be submitted to the Coastal Commission to resolve the pending appeal of CDP 97-25. IV. ANALYSIS The recommendation of approval for these actions was developed by analyzing consistency with city plans and programs, more specifically, the General Plan, the LCP and the draft HMP. The following analysis section discusses consistency with each of these. A. General Plan The proposed actions are consistent with the applicable policies of the General Plan. Particularly relevant are policies contained in the Land Use and Open Space and Conservation Elements. The actions are consistent with the following stated policies of the Land Use and Open SpaceKonservation Elements: Develop and retain open space in all categories of land use; Participate in programs that restore and enhance the City’s degraded natural Implement, to the greatest extent feasible, the natural resource protection policies Preserve open space areas in as natural a state as possible; Participate in the statewide and regional plans (the state of California’s Natural Community Conservation Planning (NCCP), efforts with SANDAG and other north county cities in the preparation of a North County Wildlife Forum Multi- resources; of the LCP; LCPA 02-10EiR 97-01 Addendud1 02-OlHMP Addendum #2 - HABITAT MANAGEMENT PLAN Januarv 22.2003 species Habitat Conservation Plan), to conserve sensitive environmental resources; 0 Coordinate planning and development of a citywide open space system with habitat planning efforts; 0 Minimize the encroachment of development into wetland and riparian areas; Coordinate the protection of wetlands, woodlands, riparian areas, and other sensitive habitat areas with appropriate state and federal protection agencies; 0 Encourage and participate in regional planning efforts to protect environmentally sensitive species from extinction; Require adequate buffers between new development and environmentally sensitive habitats; 0 Require private development which impacts sensitive resources to provide appropriate mitigation measures, so that the existing biodiversity within the City is maintained; Require that at the time of any discretionary approval, any land dedicated to the City for its habitat or scenic value, have an appropriate easement and/or zoning placed on it for resource protection; and Recognize and implement the policies of the California Coastal Act and the Carlsbad LCP when reviewing potential development in the coastal zone. B. Local Coastal Program Compliance with the City’s certified LCP is determined by analyzing whether the proposed LCP amendment and I”P addendum are consistent with all other applicable policies or provisions of the LCP and the Coastal Act. Listed below are the policy areas addressed by the three LCP segments and an explanation of how the proposed project complies with the policy. Note: Although the three segments use slightly different terminology to describe these policy areas, all three address the same issues. Table 2 -COMPLIANCE WITH LCP POLICIES Policy Areas The proposed project may have a minor To prevent the Agriculture Compliance Purpose premature conversion habitat. However, this conversion is allowed urban uses conversion from agriculture to wildlife of agricultural lands to effect on agriculture by encouraging by Policy 2-1 of Mello 11, which states: “Any acreage under the control of a public entity for a public recreation or open space use shall be exempt from Policy 2-1 and be permitted to convert from an agricultural use 9, ... Geologic existing LCP provisions regarding these instability, soil Hazards Nothing in the proposed project affects the To address slope erosion, floodplains, and seismic hazards hazard areas. All existing provisions remain in full effect. LCPA 02-1OiEIR 97-01 AddenddI 02-OIHMP Addendum #2 - HABITAT MANAGEMENT PLAN January 22,2003 Table 2 - Public Works Recreation and Visitor-serving Facilities Visual Resources Public Access Environmentally Sensitive Habitat 30MPLIAh’CE WIT1 To assure that necessary infrastructure elements are provided in a manner that minimizes impacts to coastal zone resources To assure that adequate opportunities are provided for public recreation and facilities to serve visitors to the coast To assure that development in the coastal zone minimizes visual obstruction of public coastal views To provide the public with maximum opportunities for free access to the coastline To achieve optimum protection of wildlife habitat resources in the coastal zone LCP POLICIES, Continued The proposed project furthers this policy by establishing habitat protection standards that apply to public works projects as well as private development. The proposed project does not preclude development of any areas designated for recreation or visitor-serving facilities. In fact, by resolving issues of species and habitat protection, the project facilitates recreational development of Veterans Memorial Park and Hub Park, as well as privately owned properties designated for such uses. Among the action recommendations in the LCP is “preservation of natura1 vegetation on steep slopes” which is supported by the project. The project does not affect or modify any other provision of visual resources protection. Nothing in the proposed project effects the existing LCP provisions regarding public access. All existing provisions remain in full effect. The proposed project addresses Environmentally Sensitive Habitat by recommending new conservation and development standards for properties in the coastal zone. These new standards have been developed in coordination with Coastal Commission staff for the express purpose of implementing LCP and Coastal Act policies for the protection of habitat and species. As demonstrated in the above discussion, the proposed project is fully consistent with the certified LCP. C. Habitat Management Plan The purpose of the HMP is to promote conservation of rare habitats and species as required by state and federal law, while also facilitating compatible economic development of public and private land. The HMP as originally approved in 1999 did not make any distinctions between land inside and outside the coastal zone. In response to the LCPA 02-10EIR 97-01 AddendumlDI 02-01HMP Addendum #2 - HABITAT MANAGEMENT PLAN January 22,2003 Coastal Commission’s concerns, that distinction is now being made, resulting in modified standards for conservation in the coastal zone. The coastal zone standards, while different from the original HMP, remain consistent with the intent of the HMP. The differences are primarily in the areas of mitigation, Hardline Properties, treatment of highly constrained properties, and buffers. The following discussion explains the differences between the 1999 HMP and the proposed coastal zone standards. Compared with the 1999 HMP, the coastal zone standards generally increase the required mitigation ratios. The coastal standards also require that 1 : 1 creation of new habitat be a component of the mitigation. The coastal standards do not give credit for onsite preservation of existing habitat, but credit is given for substantial restoration. Two coastal zone properties shown as Hardlines in the 1999 HMP will be subject to new standards which may affect their Hardline boundaries. These properties are the City Golf Course and Kevane. The process for agreement on Hardlines is modified to include the Coastal Commission and to require a LCP amendment when Hardlines differ from the standards. The 1999 HMP recognized that some properties are highly constrained, and a 75% conservation standard was applied to these. The coastal zone standards increase the number of parcels that are subject to the 75% standard. Requirements for conservation of coastal sage scrub and gnatcatchers remain unchanged. The coastal zone standards generally increased the required buffer for all habitat types. Although the proposed coastal zone standards will create differences in the handling of properties inside and outside the coastal zone, the proposed standards remain consistent with the original intent of the Hh4P. V. ENVIRONMENTAL REVIEW An environmental analysis of the proposed actions was conducted and no significant impacts were identified. The proposed actions deal primarily with biological resources in that it involves incorporating additional conservation and protection measures for habitat located in the Coastal Zone into the HMP and the City’s LCP. This action does not authorize or permit any development project or any impacts to biological resources. The proposed action modifies certain provisions of the Local Coastal Program and makes additions to the HMP to provide higher levels of protection for biological resources. The present LCP provides some protection for wetlands and habitats located on steep slopes. The proposal provides greater protection for wetlands and for habitats located on areas other than steep slopes. In addition, the proposal includes enhanced buffer requirements and the requirement for long-term management and monitoring program for species and habitats. Any development project which would have the potential to impact biological resources are currently required to undergo an extensive review and permitting process which includes biological surveys of the project site, compliance with the HMP, compliance with the LCP (for properties located inside the Coastal Zone). CEQA compliance, public hearings, issuance of local permits, and issuance of state or federal permits if required. These existing plans and 93 LCPA 02-10/ElR 97-01 Addendm1 02-OIHMP Addendum #2 - HABITAT MANAGEMENT PLAN January 22,2003 regulatory mechanisms ensure that potentially significant biological impacts are disclosed and fully mitigated. Because the actions were determined not to have any adverse impacts on the environment, a Negative Declaration was issued by the Planning Director on December 20,2002. Notice of the Negative Declaration was provided to the State Clearinghouse and to the County Clerk and published in the newspaper. No written comments were received in response to the notice. The actions would result in several design revisions to the previously approved plans for the City's proposed Municipal Golf Course for which an EIR (EIR 97-01) was certified. These revisions are a result of complying with the additional habitat protection standards of the actions. The revisions would result in greater protection of coastal habitat resources and, would reduce the severity of previously identified impacts. Therefore, pursuant to Sections 15162 and 15164 of the California Environmental Quality Act, an Addendum to the previously certified EIR has been prepared. ATTACHMENTS: 1. Planning Commission Resolution No. 5360 (Neg. Dec.) 2. Planning Commission Resolution No. 5361 (LCPA) 3. Planning Commission Resolution No. 5362 (DI - HMP Addendum) 4. Planning Commission Resolution No. 5363 (EIR Addendum) 5. Revised Golf Course Routing Plan (previously distributed) SUMMARY OF GOLF COURSE REVISIONS 1. The approximate 5 acre commerciallindustrial pad at the northeast corner of Hidden Valley Road and Palomar Airport Road has been deleted to avoid any impacts to wetlands. 2. The golf practice range has been narrowed slightly and reoriented to avoid wetland impacts. 3. Hole 1 has been relocated to avoid wetland impacts 4. The most northwesterly cart path between holes 12 and 13 has been deleted, eliminating a creek crossing and thereby avoiding wetland impacts. 5. Existing hole #I2 has been deleted in order to provide greater protection for one gnatcatcher territoly. It has been replaced by a new hole on agricultural land located between existing holes 13 and 15. Holes 12, 13 and 14 have been renumbered to reflect these revisions. 6. The approximate 6.7 acre industrial parcel located on the north side of College Boulevard has been reconfigured to reduce impacts to coastal sage scrub, to enlarge a wildlife corridor, and to provide greater protection for one gnatcatcher territory. 7. The cart path between holes 15 and 16 has been modified to reduce wetland impacts. 8. Habitat impacts are being mitigated by increased on-site creation of like habitat at a 2:l ratio. As a result of the above described revisions, all impacts to wetlands and southern maritime to onsite sensitive vegetation and the modified mitigation requirements as a result of the revised chaparral in the Coastal Zone have been eliminated. The following table shows the revised impacts Coastal Zone Outside Coastal Zone 95 Jack Henthorn & Associates 5365 Avenida Encinas, Suite A Carlsbad, Californin 92008 (760) 438-4090 Fax (760) 438-0981 EXHIBIT 7 January 8,2003 Mr. Don Rideout City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008 Subject: Habitat Management Plan Recommendations from Coastal Commission Emerald Point (BCS) Assessor Parcel Number 212-040-50 As you are aware, the owners of the Emerald Point property have been working with the City and the wildlife agencies regarding the development of their site for the past several years. The owner’s representatives met with representatives of US. Fish and Wildlife Service, California Department of Fish and Game and the City of Carlsbad to establish development envelop. The owners then proceeded with design studies and filed development applications with the City of Carlsbad. The application that is on file demonstrates that 10.83 acres (over 60%) of the 18 acre site is classified as disturbed (previous agricultural activity) or developed (Sapphire Road improvements). The proposed development will impact 0.24 acres of the 4.86 acres Coastal Sage (CSS) found on the site, a preservation-level in excess Of 95%. None of the other habitat types found on site will be impacted and all non-impacted habitat will be placed in appropriate easements. The CSS impacts are currently proposed to be mitigated through on site revegetation of non-native grassland areas at a 2:l ratio.. The attached Biological Resources Assessment provides additional information relating to the habitat types found on site and the potential project impact. Section 3-8.9 of the HMP draft proposed by the Coastal Commission states “No impacts to native habitat allowed.” Other similar parcels identified in the HMP are permitted to have impacts of up to 10% of the total CSS and SMC for access purposes, including on site access. Due to the restrictions on this site related to avoiding steep slopes, airport noise contours and a variety of other regulatory land use restrictions, the Commission’s recommendation would cause an undue economic hardship on the owner. Therefore it is requested that the language in Policy section 3-8.9 be revised to read as follows: “Maximum 10% impact on CSS habitat.” If you have any questions or need additional information relating to this site, please contact me at your convenience. /\sincerely, / ip aci E, Henthom Authorized Representative. Copies: A. Hummel L. Sellinger K. Akers, California Coastal Commission, S.D. Anita M. Hayworth Biological Consultant 1235 Meadow Wood Place Encinitas, CA 92024 30 October 2002 Mr. Jack Henthorn Jack Henthorn and Associates 5375 Avenida Encinas Suite D Carlsbad, CA 92008 Re: Update of the BiologicaI Resources andlmpact Assessment ofthe EmeraIdPointe Estates (BCS Propeq), Carlsbad, CA Dear Mr. Henthorn, , Der our telephone conversation, I have reviewed the biological resources mapping for the approximately 17-acre Emerald Pointe Estates project. The purpose of this letter is to provide an update of the existing conditions of the property, if needed, and provide a re-evaluation and update of the mitigation requirements, if needed. The property is located south of Palomar Airport Road, and west of El Camino Real, Carlsbad, California. Laurel Tree Road and the Laurel Tree Apartment development borders the western edge of the property. Cobblestone Sea Village (Mar Brisa) development is located to the south and east, and agricultural land borders the north. The original biological survey was by me on 4 January 1997. A focussed survey for rare plants was conducted on 13 April 1997. The results of those survey visits were reported in a letter addressed to you dated 22 December 1998. The 2002 existing conditions of the site were evaluated through a site visit and a review of a 2002 aerial photograph of the site. The site has remained essentially unchanged from the conditions reported in the 1998 letter report. Thus the following table (Table l), extracted from the biology report and updated to reflect the new proposed impacts, provides the current conditions and the proposed impacts. Plant Community Open Space Direct Existing Acreage Impacts' Disturbed 4.62 0.24 4.86 Coastal Sage Scrub 0 0.33 0.33 Developed 4.81 5.69 10.50 IChaDarral 0.79 0 0.79 1 As noted in Table 1, a total of 0.24 acre of coastal sage scrub is proposed to be impacted by the project. Implementation of the proposed project would result no losses to sensitive plant species or other sensitive vegetation communities. The impact to the coastal sage scrub is a direct function of the requirement for fire suppression zones and only involves the thinning of underbrush. The impact to the coastal sage scrub vegetation community will require mitigation. Updated Mitieation Measures The Emerald Pointe Estates project includes in the project design the granting of an open space easement over 87 percent (4.62 acres) ofthe coastal sage scrub on the property. The onsite impact to coastal sage scrub is 0.24 acres. Although the City ofcarlsbad Habitat Management Plan is still in a draft form, the mitigation is calculated to be in conformance with that draft document. Mitigation for the impact to 0.24 acre of coastal sage scrub is recommended to consist of 0.5 acre of coastal sage scrub revegetation. There are areas onsite that are suitable for revegetation and these areas will be delineated by you and provided to the City. In general, areas of non-native grassland are suitable for restoration to coastal sage scrub. These areas are located on the northern portion of the property. The open space easement also includes the preservation of 100 percent ofnative and non-native grasslands, chaparral and a population of the rare plant species, San Diego thorn-mint. Please feel free to contact me at (760) 942-5147 with questions or if you require additional information. Very truly yours, Page 2 99 January 9,2002 City of Carlsbad Planning Department Attn: Don Rideout 1635 Faraday Avenue Carlsbad, CA 92008 Dear Mr. Rideout: Please accept the following comments on the Proposed LCP Amendment on behalf of San Diego Audubon Society; Surfiider Foundation, San Diego Chapter; Preserve Calavera; California Native Plant Society, San Diego Chapter; and National Wildlife Federation. We are pleased that the current LCP amendments for the Carlsbad HMP provide much stronger protections than the original draft HMP. We appreciate the City’s good-faith attempt to address the concerns raised in earlier comments. In general the LCP amendments do a good job of ensuring consistency with the HMP and of complying with the Coastal Act and habitat conservation planning requirements. We have some concerns about the following issues and would urge that modifications be made to address them. Invasive Plant Suecies Our organizations are very concerned with increasing problems associated with invasive non-native species in the coastal area. We urge you to take an active role in preventing the spread of invasive plant species. The problems caused by invasives can be witnessed in any North County coastal lagoon (Buena Vista, Hedionda, and Batiquitos, for example), and along most major thoroughfares (including 1-5, Palomar, 101, or Canon Rd.). Pampas Grass (Corraderia selloana) is the most problematic species, but Tamarisk, Arundo, Myoporum, and others have found refuge and are taking up too much space in our natural areas as well. The State of California will soon list the following plants as noxious weeds Arundo (Arundo donax) and Tamarisk (Tamarix sp.). The problem lies in the ease of acquiring these invasive species. Homeowners and developers can readily go into local nurseries and buy Pampas Grass and Myoporum. If they plant them on property that borders open space the impact to habitat is direct. Even when planted remotely, the impacts are significant, as both plants are wind dispersed and can spread their seeds for miles. In order to truly preserve our ecologically sensitive coastal habitats and protect the public’s investment of tax dollars in the MHCP program, we feel a greater emphasis should be placed on controlling the widespread use of invasive exotic plant species. Please see the enclosed Guide to Environmentally Sensitive Brush Management (City of San Diego) for a complete listing of invasive exotic plants threatening California’s open space. We urge the City of Carlsbad to prohibit the use of invasive exotic plants for all new development within the coastal development. An important supplement would take Funding Page 38 (Policy 3-1, 3rd Paragraph) of the LCP states that “[Tlhe creation of an effective habitat preserve requires a careful balancing of acquisition, preservation and mitigation requirements, as well as enforceable monitoring, remediation, and an adequately funded maintenance program for the preserve area.” We agree that adequate funding is key to the success of the program. We urge the City to work with SANDAG on identifying a regional fimding source. We also urge the City to make a regular and significant allocation from its general fund for education, and to institute the Habitat Take Permit Fee for maintenance, management, administration, etc. Water Ouality We encourage you to mirror the language for water quality protections in the recently approved Malibu LCP. Water quality provisions in the proposed LCP amendments should be at least as stringent as those in the Malibu LCP. Also, it is strongly recommended that a strong stream buffer zoning policy that is consistent with the Carlsbad Watershed Management Plan be adopted. This can be found in further detail in the Carlsbad Watershed Management Plan, section 5-4, Action #l. Golf course The golf course design exhibits are not included in the LCP. Please send them to: SD Audubon, 4891 Pacific Highway, Suite 112, San Diego, CA 921 10 when they are available. The Coastal Act explicitly limits allowable impacts to Environmental Sensitive Habitat Areas (ESHAs). Golf courses are not one of the impactshses allowed. Many activities permitted in flood plains, such as public parks, golf courses, and agriculture, eliminate or drastically reduce riparian habitat and are very damaging to riparian wildlife (Faber 1989 - see enclosure). Our wetlands in California have been reduced to 5% of their historic range; therefore, we strongly oppose the development of the golf course in sensitive wetland areas. It has been proven.by scientists such as Phyllis Faber that a Golf Course has negative impacts to its surrounding areas. Golf courses within the coastal zone are of particular concern because of the potential for leaching of biocides and fertilizers into ponds and coastal waters. These chemicals then enter the food web and degrade water quality, thereby threatening animal and human health. Research has found that the average golf course uses the following: 200 tons of fertilizer per month, 18 pounds of pesticide per treated acre per year- 5 times as much as agriculture, and 1,000,000 gallons of water per lo a day. New golf course designs have become more environmentally friendly, but the specific requirements to assure that have not been built into this LCP or the city’s general guidelines. An example of such a course is at Kiawah Island in South Carolina, adjacent to a fragile coastal wetlands area. Standards to assure such design need to be adopted now. Additionally, public opinion puts open space ahead of public golf courses in terms of priority. In 1999 and 2000, the City of Carlsbad conducted public opinion surveys to ascertain the attitudes and concerns of residents regarding the quality of life in Cqlsbad. For two years in a row, residents named excessive growth and development as their top concern, followed closely by increasing traffic congestion. In addition, the preservation of open space was residents’ top priority with regard to city programs and facilities. When rating the importance of facilities, “Open Space” was first, followed by “Nature Trails,” “Swimming Pools,” “Basketball Courts,” and finally, “Public Golf Courses.” We urge you to consider this information when analyzing the potential golf course. Thank you very much for considering these comments. Sincerely, Allison Rolfe, San Diego Audubon Society Marco Gonzalez, Surfrider Foundation, San Diego Chapter Diane Nygaard, Preserve Calavera Carolyn Martus, California Native Plant Society, San Diego Chapter Steve Torbit, National Wildlife Federation, Western Natural Resource Center 10 3 Jack Henthorn & Associates 5365 Auenida Encinas, Suite A Carlsbad, California 92008 (760) 438-4090 Fax (760) 438-0981 January 17,2003 Don Rideout City of Carlsbad 1635 Faraday Avenue Carlsbad. CA 92008 Subject: Habitat Management Plan Request for Aura Circle APN 207-100-48 Dear Mr. Rideout: As you are aware, the owners of the Aura Circle property have been working with the City and the California Coastal Commission regarding the development of their site. This cooperative effort has led to a redesign of the site plan which minimizes edge effect impacts and leaves a significant portion of the site in open space. The open space area will preserve on-site sensitive habitats and provide opportunities for the restoration of degraded areas. Consequently, the owners request that the Aura Circle site be designated a Habitat Management Plan (HMP) hardline area. The site is currently designated as a standards area in the draft HMP. The enclosed Biological Technical Report was revised by the owner’s biotogicat consultant following a field meeting with the Coastal Commission’s staff biologist, Caitlin Bean, on January 14,2003. The text and graphics reflect the revised development envelope, and the habit types illustrated have been identified and revised where necessary per Ms. Bean’s recommendations. If you have any questions or require additional information regarding this site, please contact me at your convenience. Sincerely, - .Y, Assoctate Planner encl. cc: G. Green J. Gallagher K. Akers, California Coastal Commission, SD lk -1- lo 4 Financial Management Company January 2 1 ; 2003 Mr. Michael Holzmiller, Planning Director City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, California 92008-7314 Re: The Oaks at Batiquitos Dear Mike, Enclosed are letters to each of the planning commissioners regarding our request to be made at the January 23rd meeting for a change in the language of the Second Addendum to the Carlsbad HMP. Per our discussion this morning, it is my understanding that you will arrange for each Commissioner to receive his or her copy before the meeting. A copy of one letter, with attachments, is also enclosed for your information. Thank you for your assistance and attention. Sincerely, Lawrence &/ H. Krasnow Enclosures I6769 Bernard0 Center Drive, Suite 24. San Diego, California 92 128 Telephone (858) 487-8030 Facsimile (858) 673-4264 /o 5 PROPOSED CHANGE TO SECOND ADDENDUM TO THE CARLSBAD HABITAT MANAGEMENT PLAN BASED ON COMMENTS FROM THE CALIFORNIA COASTAL COMMISSION AND INCLUDING MISCELLANEOUS REVISIONS Dated December 16,2002 Page 52. Delete 3-8.14 in its entirety and substitute the following: “3-8.14 Assessor’s Parcel No. 215-050-44,45,46,47 (Kevane) - Development shall be limited to that area shown as developable on figure 25, Kevane, of the December 1999 approved Habitat Management Plan for Natural Communities in the Cty of Carlsbad. No unmitigated impacts to coastal oak woodland, riparian areas or wetlands except for necessary utilities and requirements of the City of Carlsbad for fire and safety reasons.” KEVANElKRASNOW THE OAKS AT BATIQUITOS - CARLSBAD CALIFORNIA REASONS TO SUPPORT PROPOSED CHANGE TO SECOND ADDENDUM TO THE CARLSBAD HABITAT MANAGEMENT PLAN BASED ON COMMENTS FROM THE CALIFORNIA COASTAL COMMISSION AND INCLUDING MISCELLANEOUS REVISIONS Dated December 16,2002 Over the past ten years we have been working with the City of Carlsbad, US. Department of Fish and Wildlife and the California Department of Fish and Game. Three years ago we came to a joint agreement with all three of these agencies. to support our project as presently designed. All three agencies agreed to a hardline development plan and included this plan within the City’s Habitat Management Plan (HMP). FAIRNESS Property has been in Family ownership for over thirty years. Property has been properly zoned (R-I) for the proposed development for over twenty years. Map and planning has been in process for over ten years and included hundreds of meetings between ourselves, our biologists, our engineers and land planners, along with the City of Carlsbad Planning and Environmental personnel, and the Departments of Fish and Game and Fish & Wildlife personnel. This is not a project that was conceived yesterday, but rather a project that has evolved through a collaborative effort of hundreds of experts. Development proposal is consistent with surrounding property and community. The property is located 2 % miles inland from the coast. The local jurisdiction and both wildlife agencies have agreed to the For the proposed development, the property does not require a zone hardline set forth as figure 25. change. NEED - Proposed project is consistent with smart growth and provides All services are available adjacent to the property. Schools, shopping, new library and workplaces are all very close needed housing in the area. (walking distance for all of these activities). 1 SAFETY Current condition of property provides cover for illegal activity. Schoolchildren walk through property every day on their way to and from the middle and elementary school, located adjacent to the parcel. Uncontrolled brush is a fire hazard to existing homes surrounding property. HABITAT PROTECTION Almost half the property will remain in perpetual open space, cared for by Homeowner’s Association. Vacant property invites squatters, trash dumping and other habitat destruction. We spent more than $13,000 within the past year cleaning up after squatters and illegal dumping. The proposed hardline has been agreed to by the City of Carlsbad environmental department; the California Department of Fish and Game and the United States Department of Fish & Wildlife, after their review of various biology reports and numerous site visits with our biologists, engineers and ourselves. Lawrence H. Krasnow 16769 Bemardo Center Dr. #24 San Diego. CA 92128 (858) 6734264 Fax e-mail: Iarrvk@inarne.com (858) 487-8030 Robert F. Kevane 8480 La Mesa Blvd. La Mesa, CA 91941 (619) 5834124 (619) 697-8480 Fax e-mail: lamesatax@aol.com (619) 697-2001 2 JAMES M, HICKS LAND b. INMSTMWT SUS January 2 I 2003 Mr. Don Rideout Planning Department CITYOF CARLSBAD Carlsbad, CA 92008 1635 Faraday Avenue Re: Case File LCPA 02-IO/EIR 97-01 AddendumDI 02-01 (HMP Addendum #2) Levatino Property\ APN 215-050-73 Dear Don: For the last three years I have met with you. representatives of the California Department of Fish & Game, the U.S. Fish & Wildlife Service and the California Coartal Commission regarding the proposed limitation of development outlined in the amended Habitat Management Plan on the property owned by Mrs. Joseph Levatino which is currently rand LC (Limited Control). situated at the NWC ofEl Camioo Real and Dove Lane. 1 have attached to this letter my moa recent wrrespondence to the wildlife agencies and the coastal commission on this subject, Based upon our research we believe it is not economically feasible to limit development on this property to 25% of its total acreage. As you know, I am in the process of obtaining a reaffirmation from the wildlife agencies of their earlier approval to allow up to Soo/o of the property to be developed as outlined on mapping we had provided to them. Your office has already indicated you would continue to support your approval ofthat outline, We are in hopes that the California Coastal Commission will ape with the City ofcarlsbad and the wildlife agencies to allow this outline to be approved in “hardline” form and incorporated into the LCP as provided in the amended Habitat Management Plan, Each of the LC lands in the City of Carlsbad is unique, not only as to their physical makeup but also their development constraints as required by the City of Carlsbad and the other controlling agencies. The purpose of this letter is to ask that the City of Carlsbad’s Planning Commission fully Support those sections ofthe amended HMP which will protect impacted LC lands and not limit them to the development of only 25% of their propeny. 5150 AVENIDA ENCINAS CARLSBAD, CA 02008 (760) 438-2017 (780) 438-4048 FAX 675 SIERRA ROSE DR.. YIOZ RENO, NV 8861 1 (775) 770-2617 (775) 770-2018 FAX Jhkk.apowrrnet.net . . . . . . - . . JAMES M+ HICKS LAND 6' INMSlMEM SALES October 2 I, 2002 Ms. Keri Akers Coastal Program Analyst State of California CALIFORNIA COASTAL COMMISSION 757s Mctropoliran Drive, Suite 103 San Diego, CA 92 108-4402 Re: Levatino Propeny Carlsbed. CA Dear Keri: Over the past few months I have worked closely with you in an attempt to bring you up- to-date regarding the status of the above-referenced property as it relates to the City of Carlsbad's Habitat Management Plan, the needs ofthe U.S Fish & Wildlife Service and the concerns of le California Depaement of Fish & Game. The purpose of these visits was to provide you with a summary ofthe detailed work that had been completed by these three entities as ir related to the development of the Levatino properry The recent emergence of the California Coastal Commission into these early discussions was not anticipated. Although. discussions on the development of this property were held with the staff at the California Coastal Commission on more than one occasion I have carefully reviewed your notes from our last meeting and discussed them with Mr. Jack Henthorn who has been a consultant on the Levatino property for the past several years. We have the following comments to make on selective topics as they relate to the environmental status of the property and the constraints of development. HJjA Contentp We have determined that the developable portions of the property could, in fact. be impacted by slightly less than 80% of ESHA. We continue to work on a determination of those net lands available for development. L3Qzs The intersection spacing rquirements mandated by the City of Carlsbad will not allow primary access from El Camino Real. The primary access mus1 be tnken from Dove Lane. In order not to impact the small wetland area on the site, to meet the intersection spacing requirements for Dove Lane and, to meet the grading criteria the primary access must be taken toward the central portion of the property. For safety purposes, a secondary access is required. The wetland limitations and the intersection spacing requirements will not allow for a secondary access on Dove Lane. The secondary access for emergency purposes, to be located along El Camino Real, must be located toward the central ponion of the property as well to meet the criteria set forth by the Engineering 5150 AVENIDA ENCINAS CARLSBAD, CA 92008 (760) 438-2017 (700) 438-4048 FAX 675 SIERRA ROSE DR., Y102 * RENO, NV 89511 (775) 770-2017 (775) 770-2018 FAX jhickaOpowernet.ns1 Department at the City of Carlsbad as well as the Carlsbad Fire Department. Both required acce86 points must be located toward the central portion of the property Tooovraahv The property is long and narrow. with substantial street improvement requirements on both El Camino Real and Dove Lane. There is a 45 foot setback requirement along El Camino Real. To avoid 25% slopes, and ESHA. as well as provide the required access and setback requirements needed to develop the property is not physically possible. There are approximately 3.69 acres of Disturbed Coastal Sage, Annual Non-Native Grassland, Developed Land and other Disturbed Habitat on the property. These habitats are scattered over the entire property. The connection of these specific habitats to provide for an economically feasible site for development is not possible 89 well. KW There is only one small waland area identified on the property According to the Biological Survey that was conducted on the property, this area consists of 0.03 acres of land. .All efforts will be made to provide for a 100' setback from this small wetland area. 25% Develooment Constraint\ Reasonable Economiu Accordin8 IO rhe Growth Management Ordinance of the Ciry of Carlsbad and the Oeneral Plan of the City, the Levatino Property has been allowed to develop 65 residential units based upon approximately 11 acres of "unconstrained" land as defined to determine allowable density. In order to develop the property to its intended use, the City of Carlsbad (and other controlling agencies) will require that specific "on-site" and "off- site" improvements be completed. They will also require that fees be paid. As the unit count on the property is reduced (Le. 25% maximum dte development), the individual costs per unit will increase, which will impact the economic viability of the property. While many LC lands in the City of Carlsbad contain Environmentally Sensitive Habitat Areas, they are not all alike and we do not believe they should all be held to the game development constraints. As you can see with the Levatino property, provisions for access,' types of ESHA. setback requirements, required roadways. abuttinrJ land uses, slopes, allowable lot coverage, sound attenuation walls, mitigation requirements, height limitations, utility eowments, topography, zoning and emergency requirements, to name a few, all impact each property differenrly, It is my understanding that the California Coastal Commission had been working under that premise for the past several years. And in fact, have recently approved development in Zones 20 and 21 during that time. Other Agency Cammen3 The primary goal of rhe meetings between the City of Carlsbad, the U.S. Fish & Wildlife Service. the California Department of Fish & Game and the consultants representing the Levatino property was IO define that property’s role in the Habitat Management Plan. TO that end, we arrived at a mutually acceptable buildinB “envelope” with an emphasis on preserving the northern 50% of the property in Core # 6 + even thought the property has no direct physical relationship to Core #6 and is not a part of any proposed Linkage Area. The general consensus of those meetings was that the Levatino property played no major role in the Habitat Management Plan. SummJm, In Carlobad alone, the California Coastal Commission has approved the development of thousands of acres of land. The Levatino propeey is completely surrounded by some of thaw approvals. There has been much precedence set on the part of the Coastal Commisrion and, in most cases. it has not limited maximum site development to 25% . The cumt draft text of the Habitat Management Plan. proposed by the City of Crrlsbad almost three years ago with suppon from the US Department of Fish & Wildlife and the California Department of Fish & Game, will have a major impact upon what private landholdings throughout the & City may qualify for development. As with my efforts on the Levatino property. it is my understanding that other property owners in the City of Carlsbad were working closely with these groups to work out a mutually beneficial Wangement. In addition, others were meeting with the Coastal Commission staff as well. Unlike those landowners located outside of the coastal zone. owners of property in the coastal zone are currently faced with a double jeopardy in the preparation and adoption of the Habitat Management Plan, They have to not only meet the IMP criteria as set forth by the City of Carlsbad. the U.S. Department ofFish & Wildlife and the Californir Department of Fish & Game, but also suffer erther from the “overlap” of the California Coastal Commission. They have already given up on “Cores” and “Linkaye$’ and. in many cases, there is very little left to give. In an effort to complete the Habitat Management Plan I do not believe the California Coastal Commission has to compromise the LCP. But 1 would hope they would take into consideration the impact the Habitat Management Plan has already made on propeny owners located wirhin the coastal zone. And first and foremost, determine whether the Plan achieves its major goal. Which, 1 hsd always thought was a mutdly defined goal. As to the Levatino property, we ask the California Coastal Commission consider approval of the building “envelope” as outlined in my earlier letter to you. In our discussions with the City of Carlsbad, the U.S. Department of Fish & Wildlife and the California Department of Fish & Game, we agreed to eliminate approximately 50% of the land for development; although we felt we had a strong argument as to why we should not be 90 impacted. In exchange. we would be allowed to develop the remaining 50%. Having not been a pan of the discussions, we had no idea that the California Coastal Commission was going to anher limit our development by another 50% In closing, I would like to thank you very much for taking the time to meet with me and discuss with you the concerns ofthe Levatino family I am in hopes that a final Plan can be developed that not only achieves the goals of the HMP, but also considers those of the impacted landowners in the coastal zone, // 5 January 13,2003 Ms. Nancy Frost Wildlife Biologist CALIFORNIA DEPARTMENT OF FISH & GAME 4949 Viewridge Avenue San Diego, CA 92123 Re: Levatino Property NWC El Camino Real Dove Lane Carlrbad, CA Dear Nancy: Attached with this letter you will find a copy ofthe Prdiminlvy Vegetation and Biological Resource Impact Report on the Levatino property which wa8 prepared by Dudek and Associates on January 12.2000. This work was contracted a( the suggestion of Mr. David Lawhead of your department and Ms. Julie Vandenvier ofthe u.s, Department of Fish & Wildlife Services. I have also enclosed an aerial photograph identifying the property. Following the early inception of the City of Carlsbad’a Habitat “egement Plan (HMP) 1 held several meetings with Mr. Don Rideout at the City explaining to him the financial impact to the Levatino property should the HMP only allow the development of 25% of the land as was originally proposed. At the suggestion of Mr. Rideout we had several joint meetings with the City of Carlsbad, the CDF&G and the USF&WS over a period of about nine months in an effort to come to an agrement M to what portion of the property could be economically viable for development and still meet the guidelines and both the CDF%G and the USF&WS. objectives of the City of Carlsbad’r Habitat Management Plan 89 well the concerns of As a result of these meetings. the CDF&G, the USF&WS and the City of Carlsbad had all agreed verbally that the shaded portion of the property shown on Figure 4 ofthe Dudek study would be defined in the HMP as land suitable for development and auch property would be outlined in “hard-line boundaries” and incorporated into the HMP. The overall consensus was that the Levatino property did not contain a high level of sensitive habitat and, more importantly because it is surrounded by development, it would not play an effective role in contributing to the goals and objectives for Core #6 as a viable habitat comidor. Unfortunately, prior to bringing this egrcement to letter form, the Californir Coaatal Commission indicated a preference to be a part of the planning process in the formation of the HMP as it releted to properties under their jurisdiction. Of particular importance to them were the LC landr in the coastal zone. 51 50 AVENIDA ENCINAS CARLSBAD, CA e2008 peo) 438-2017 veo) 430.4048 FAX 675 SIERRA ROSE DR,, (102 RENO, NV 8S511 * (775) 770-2017 (775) 7742018 FAX ]hkksOpwrrnet.nrl For the past 10 months I have been meeting with Ms. Keri Aka, at the California Coastal the City of Carlsbad regarding the approved “hard4ne boundaries” of the Levatino Commission in an attempt to bring the Commiaeion into alignment with the agencies and ProPel-tY. In the final drafl of the Habitat Management Plan, as a result of numerous meetings between the Coastal Commission and the City of Cprlsbad there are provisions that allow for the development of more than 25% of the Levatino property. For example, it is stated in the Plan that “If the City, with the concurrences of the wildlife agencies and the Coadal Commission through an LCP amendment, approves a Hardline preserve boundary for any of these properties a8 part of the W. then the amount of onsite preservation as identified in the Hardline boundary shall apply.” The Plan hnher goes on to say that “The parcel specific standards listed above arc adopted because hardline preserve boundary lines were not enablirhed at the time of preparation of the I”. The purpose of the standards is to ensure that liiture development is sited to preserve the maximum amount of ESHA within the Coaltal zone and to establish a viable habitat corridor and preserve arm in Zones 20 and 21. If the City, with the concurrence of the wildlife agencie6 and the Coastal Commission through an LCP amendment, subsequently approves n Hardline preserve boundary for my of the above-dercribed properties as pm of the HMP, then the onsite preservation included in the Hardline preserve boundary shall apply.” And finally. under the Major Coastal Comml~slon Requuted Revisions to HMP, the negotiated position is that “Hardline boundarien can be negotiated in lieu of standards. Boundaries differing from standards require a Local Coastal Plan Amendment (LCPA).” The purpose ofthis letter is ask ifthc California Deputrnent ofFil& Game would re- afnrm their earlier position regarding the approval of the “hard-line boundaria” for the Levatino propeny as shown on Figure 4 in the Dudek Report. I have already spoken with Don Ridcout on this matter and he has stated that the Clty of Carlsbad would agree to eupport the approximately 8 acre “hard-line boundpry” as shown in the Dudek Report subject With the re-affirmation of the City of Carlsbad, the CDF&G and the USF&WS I am in hopes of meeting with Mr. John Martin of the USFBWS next week on this same it is my goal to ask that the Coastal Commission follow the recommendations of the City and the agencies regarding this matter and adopt the “hard-line boundary” in the Dud& Report. I will be meeting with Keri Akers and the State Biologin &om the California Coutd Commission on the Levatino property next Tuesday, Janruvy 14’, 10 tour the site and develop an opinion from her regarding the approval of the Dudek boundaries. 7 Your assistance and cooperation in this matter would be greatly appreciated. skawhmu Cc: Mrs. Joseph Levatino Mr. Andrew Potter, Esq. Mr. Don Rideout JAMES M, HICKS LANO 6, INMSTMENT SALES January 13,2003 Mr. John Martin Biologist 6010 Hidden Valley Road Carlsbnd, CA 92009 Re: Levatino Property U.S. DEPARTMENT OF FISH & WILDLIFE SERVICES WC El Camino Real Dove Lane Carlsbad, CA Dw Mr. Martin: Attached with this letter you will find a copy of the Preliminary Vegetation md Biological Resource Impact Report on the Levatino property which was prepared by Dudek and Associates on Janurvy 12,2000. This work was contracted at the luuggestion of Mr. David Lawhead of the California Department of Fish & Game and MI. Julie Vandewier of your department, I have also encloaed an asrial photograph identifying the P'OPW Following the early inception of the City of Carlebad's Habitat Management Plan (HMP) I held several meetings with Mr. Don Rideout at the City explaining to him the financial impact to the Levatino property should the HMP only allow the development of 25% of the land as was originally proposed. At the suggestion of Mr. Rideout we had 8weral joint meeting8 with the City of Carlsbad, the CDFkG and the USFBWS over a period of about nine months in an effort to wme to an agreement as to what portion of the property could be economically viable for development and still meet the guidelines and both the CDF&G and rhe USFBrWS. objectives of the City of Carlsbad'o Habitat Management Plan as well as the concerns of As a result of these meednge, the CDF&G, the USF&WS and the City of Carlsbad had dl agreed verbally that the shaded portion of the property shown on Figure 4 of the Dudek study would be defined in the ?l" as land suitable for development and such prom would be outlined in "hard-line boundaries" and incorporated into the HMP. The 0d1 consensue was that the Levatino property did not contain a high level of sensitive habitat and, more importantly because it is sunounded by development, it would not play an effective role in contributing to the Boals and objtCtiws for Core #6 as a viable habitat corridor. However, the northern 50% of the property WM required for preservation becauee of it8 "proximity" to the SDO&E easement located on the east side of El Camino Real. Unfortunately, prior to bringing this agreement to letter foq the California Coastal Commirrion indicated a preference to be a pan of the planning process in the formation of the HMP as it related to properties under their jurisdiction. Ofpanic~lar importance to them were the LC lands in the coastal zone. SI50 AVENIDA ENCINAS 'CARLSBAD, CA 82008 * (780) 4383017 (780) 430.4048 FAX 875 SIERRA ROSE DR., X102 RENO, NV 88611 (776) 77O.2017 * (775) 770-201B FAX ]hicktOpowmrrwl.nd For the past 10 months I have been meeting with Ms. Keri Akers at the California Coastal Commission in an attempt to bring the Commisaion into alignment with the agencies and the City of Carlsbad regarding the approved “hard-line boundaries” of the Levatino propmy. In the final draft of the Habitat Management Plan, as a result of numerous meetings bmvben the Coastal Commission and the City of Carlabad. there are provisions tbt allow for the development of more than 25% of the Levatino property. For example, it is stated in the Plan that “If the City, with the concurrences ofthe wildlife agencies and the Coastal Commission through an LCP amendment, approves a Hardline preserve boundary for any of these properties as part of the I”, then the amount of onsite preservation as identified in the Hardline boundary shall apply.’’ The Plan finher goes on to say that “The parcel specific standards listed above M rdopted because hardline preserve boundary lines were not established at the time of preparation of the W. The purpose of the standard8 is IO ensure that fbture development is sited to preserve the maximum amount of ESHA within the coastal zone and to establish a viable habitat corridor and preserve area in Zones 20 and 21. Ifthe City, with the concurrence of the wildlife agencies and the Coastal Commission through an LCP amendment, subsequently approv- a Hardline preserve boundary for any ofthe abovbdescribed propenieo m par! of the HMP, then the onsite preservation included in the Hardline preserve boundary shall apply.” And finally, under the Major Coartal Cornmission Requtrted Rwbionr to HMP, the negotiated position is that “Hardline boundaries can be negotiated in lieu of nandardr. Boundaries differing from standards require a Local Coastal Plan Amendment (LCPA).” The purpose of this letter is ask if the U.S. Department ofFish & Wildlife Services would reaffirm their earlier position regarding the approval of the “hard-line boundlrieB” far the Levatino property as shown on Figure 4 in the Dudek Report. I have already spoken with Don Rideout on thir matter and he has stated that the City of Carlsbad would agree to support the approximately 8 acre “hard-line boundary” as shown in the Dudek Report I have drafted and delivered a similar letter to W. Nancy Froat of the CDFBrO on thir same subject. With the re-affirmation of the City of Carlsbad, the CDF&G and the WSF&WS it is my 8oal to ask that the Coastal Commission follow the recommendations of the City and the agencies regarding this matter and adopt the “hard-line boundary” in the Dudek Repon. 1 will be meeting with Keri Akers nnd the State Biologist from the California Coastal Commission on the Levatino property next Tuesday, January 14*. to tour tho site and develop an opinion from her regarding the approval of the Dudek boundaries. Your assistance and cooperation in this matter would be greatly appreciated. Mr. Andrew Potter, Esq. Mr. Don Rideout Q January 22,2003 Julie Baker, Chairperson Planning Commission City of Carlsbad 1535 Faraday Drive Carlsbad, California 92009 RE Proposed Adoption of LCP Amendment to Implement Habitat Management Plan Dear Ms. Baker: Thank you for this opportunity to comment on the proposed amendments to the City's Local Coastal Program to implement the Carlsbad Habitat Management Plan (I"). , San Diego Gas & 6Iemic Company (SDG&E) owns approximately 250 acres in the Agua Hedionda area. The City sometimes calls this property the "South Shore Property." Furthering company land planning objectives for the South Shore Property, SDG&E was one of the first landowners to participate in the HMYs efforts to predetermine preserve and development boundaries for habitat-containing land in the City. SDG&E is proud of the agreement made, which "hardlines" approximately 50 acres of the property into open space, nearly 100% of the native habitat This initial agreement was balanced and provided a "win" for all concerned. In contrast, SDG&E believes that the scope of the proposed amendments fails to address an appropriate balancing of interests that habitat conservation planning takes into account, and focuses instead on stringent and unyielding principles associated with coastal zone regulation. While these conflicts can perhaps only be reconciled at the state and federal levels, SDG&E understands the need for the City to move forward with its approval of the HMP. Therefore, SDG&E makes the following two comments on the proposed amendments: The proposed buffers should be returned to case-by-case. The hardlines for the South Shore Property took into account the desired separation of development and open space. Adding any more land to buffers would be a superfluous and unjustified sequestering of private land The proposed Hi" amendment appears to restrict or eliminate access opportunities to the shoreline. This restriction may affect access to the one Agua Hedionda lagoon beach which was retained for eventual use by recreationists m using the City's future Hub Park or other nearby facilities. SDG&E requests that the beach access to this area is confirmed in the HMP. SDG&E respectfully asks that these changes be made by the Planning Commission as part of its approval of the LCP amendments by the City. Given that the majority of the land on the South Shore Property wiU be likely be used by the public as park or open space, SDG&E's requested changes can only improve the public's ability to use and enjoy coastal resources. We look forward to the opportunity to continue working with your staff to effect these important changes. Very huly yours, Donald E. Haines Manager Land Planning and Natural Resources cc: Don Neu, City of Carlsbad Don Rideout, City of Carlsbad Frm:J. WHALEN & ASSKIATES 619 683 5585 01/22/2003 16:56 #I55 P.002 7050 Friars Road. Suite 202 San Olago. Calllornia 92108-1136 619.683.5544 519,683,5585 FAX J.WhalenAsroclatos Balanclng Iha noeds 01 the cnviroomen! wilh :nose 01 businnss. Ms. Julie Baker, Chair City of Carlsbad Planning Commission 1535 Faraday Drive Carlsbad, Caltfornia 92009 RE: Kirgis-Wilson Comments on Proposed Adoption of LCP Amendment to Implement Habitat Management Plan Dear Chairwoman Baker; Thank you for this oppo&ty to comment on the proposed amendments to the city'^ Local Coastal Program incorporating the California Coastal Commission's (CCC) requested changes to the Carkbad Habltat Management Plan (HMP). This finn represents Robert Wilson, who plans to build his dream home on a small part of a 20-acre property in the Agua Hedionda area. The sosslled Kirgis/Wilson property had bea, participating in the HMP process and had phed to proceed using the plan standards limitlng development to only 25% of the total land, or about 5 acres out of twenty. Even so, una the recent CCC-quested changes, the parties (US. Fish & Wildlife Service, California Department of Fish & Game, City of Carlnbad, and the property owner) had agreed to a plan, which was good for the enviKmment and still permttted Mr. Wileon and his four friends to plan to build their homes. Mr. W&on has noted the ongoing discussion6 with the Coastal Commission staff on the HMP with interest and concern. Certain key elements of the original HMP are changed, significantly altering the nature of the HMP in the procesa. The unfortunate precedent set by these major changes to the underlying concepts of the NCCP's, if adopted statswide as Mr. Wilson understands CCC staff intends, will make it much more unlikely that a coastal city or county would undertake regional habitat conservation planning if they were not obligated to do so. As a result of these key changes, Mr. Wilson may no longer have an economically viable project To specify tho= changes: /a t' Frm:J. WHALEN & ASSOCIATES 619 683 5585 01/22/2003 16:s #155 P.003 1) No net loss ofhubifut ncrcugc, not bMtat value, as in the other NCCP plans, the effect of which is to quh mitigation on top of the already 31 ratio of open space to development area. This requires a property owner to locate fannland, or some other land in the coastal zone not vegetated with habitat ( an existing home?), acquire it and revegetate it at enormous cost. In effect, if a property owner cannot restore disturbed areas within their own project, they are faced with double mitigation costa, fimt to buy the land and then to plant it and ensure its regrowth. An altemative compliance prows war built into the regulation to allow waivers; wffl this be the only mechanism used due to the burdensome nature of the standard HMP program? 2) No weditp omite dedicution ofland to open opuce. In the case of Kirgis/WilscR almost fifteen acres of prime coastal sage scrub and southem maritime chaparral is supposedly worth nbthing as an offnet to the development impacts. This is unprecedented in the entire NW planning arena in San Diep County. B]1 of the other plans, including areas within the coastal zone in the approved city of San Diego MSCP plan, get wdit for onalte dedication of habitat. The no-credit poky wt~ bandied about before the MSCP was approved, but ultimately was repcted because a large property owner can sidestep the provision by withholding the bulk of the property am a remainder. The property owner cannot legally be compelled to proffer all land when a project proposal comes forward. Only small property ownen are hurt. 3) New md mbitnay buw. There is no scientific basis for these buffers. In fact, the development projects fn the HMP that already have hardlina have buffers built into the agreement. The CCC staff request is simply duplicative and not supported by conservation biology. Again, an alternative compliance med\anlsm is proposed to provlde rcllef fmrn the imposition of the arbirkary bufkr standards. 4) An increase in mitigation rutioe beyond those of the approved plans for habitat impacts has no correlatron with conservation biological principles. It only penalizes property owners who have the bad fortune to be in the coastal zone. A property owner only 100 ket away acrosa El Camino Real may have only a fraction of the mitigation requiremento of hie neighbor, even if they have the exact same impacts. How can thb be fa&? The net cfkct of these changes will be uneconomic projetto for the many who cannot afford the extra mitigation costs and loss of developable land. The drafters of the LCP amendmenb foresaw this m@tory inverse condemnation coming and built in a shty valve which basically &OW5 for all rules to be waived with the permission of the Coastal Commission staff. Does thia sound like a well-balanced, /a 5 Frm:J. WHALEN & ASCIATES 619 683 5585 01/22/2003 16% #155 P.004 good plan? Even if it conserves important coastal habitat in Carlsbad, if no other coastal jurisdiction proceeds with its habitat conservation plans, is the goal of comprehensive regional habitat conservation being met, or is the opportunity being lost due to regulatory overreach? Inefficient and onerous as it is, Mr. Wilson may be better off pursuing a standard ESA section 10 (a) permit under the old and obsolete permitting method which NCCP has put to rest in most areas of its implementation. He may have to explore other options. If the FlRnning Commission decides the benefits of the HMP am no longer worth the costs, the most severe loss will not be to the property owners, who no longer would be bound by the HMP strictures. The loss would be to the native ecosystem of the City of Carlsbad, both within and outside the coastal zone. With no HMP, there is no money to manage what land haa already been preserved. If the only habitat premed in Carlsbad is in the coastal zone, everyone loses because without inland conservation, coastal conservation is a pointless, even decorative, procesa. Something ha8 to give. Mr. Wileon in asking the help of the Carlsbad Planning Commission to unwind the preceding ated amendments and return the plan to the original HMP, which was supported by the USPWS, CDPG, the City, and the property owners as a workable plan. Coastal Commission staffers who worked in good faith with the City Mr. Wileon very much appreciates and supports the efforts of those staff to craft a workable compromise. Unfortunately, notwithstanding those good efforts, for Mr. Wilson to comply may be infeasible. If the City adopts the HMP, therefore, Mr. Wilson will need to immediately move towardd the alternative compliance mechanism. Instead, to allow the HMP to attain it6 promise, Mr. Wilson respectfully ash that these changes be made by the planning Commission a6 part of its approval of the LCP amendments by the City. We look forward to the opportunity to continue working with your staff to effect these important changes. ‘9 BrianRegan * Robert Wilson S:\JWA\C~lm*\ulfu\ \wW-LCP~~~.Qc -3- From: Michael Holzmiller To: 2/4/03 10:12AM Ray Patchett Subject: Date: HMP Agenda Item for Tonite's Council Meeting Ray: to the adoption of the LCPA and whose property is shown as standards areas in the LCPA are currently negotiating with the city, the wildlife agencies and the Coastal Commission staff to agree on hardline of the Council Agenda Bill), the hardline boundaries take precedance over the standards. None of the preserve boundaries. If this is accomplished, per Policy 3.8 of the LCPA(1ocated on handwritten Page 48 property owners will have completed negotiations before tonite's Council meeting but will probably reach agreement before the LCPA is heard by the Coastal Commission in three months. If agreement is reached before that time, staff has no objection to including the negotiated hardlines into the present concurs with this approach, the action would be to authorize staff at tonite's meeting to include any LCPA rather than making the property owner do a separate, follow-up LCPA at a later time. If the Council negotiated hardline boundaries for the standards properties identified in the LCPA if the negotiations are concluded prior to consideration of the item by the California Coastal Commission. Staff discussed this with Coastal Commission staff this morning and they agree with this approach. As was mentioned in the Council briefings yesterday, several of the property owners who are objecting cc: Don Rideout; Jane Mobaldi; Ron Ball; Sandra Holder Encinitas Ranch Company, L.P. February 4,2003 City Council City of Carlsbad Carlsbad Village Drive Carlsbad ,California Re: LCPA 02-10/EIR 97-01 ADDENDUM/ DI 02-01 (HMP ADDENDUM #2)- HABITAT MANAGEMENT PLAN City Council Hearing February 4,2003 Dear Mayor Lewis and Members of the Council: We are the owners of APN 21 1-040-33-00, a parcel of approximately 15 acres located east of the Costco Store and south of Palomar Airport Road. A significant portion of the property is wetland. However, approximately 3 acres has been consistently identified in the general plan as planned indushial uses, and the City has imposed assessments for roads etc. on the property based on such designation. The property freeway. We believe that these uses are within 100' of the wetlands. also includes major sewer and water easements for the various agencies connecting to the facilities west of the The language of the proposed HMP at section 7-1.12 requires that "___ buffer of lesser width shall require sufficient information to determine that a buffer of lesser width will protect the identified resource." Given the existing use of the land, and prior determinations by this Council and the Coastal Commission of the public utilities will no longer be permissible. It does not appear that the language contemplates a process or requirements for protection, it appears likely that the entire use of the property, including the existing major standards, which will avoid such a taking of the land by this action. If we are correct in our understanding of the language and process in the HMP, then we believe that compensation for the loss will be both necessary and appropriate should the Council adopt the HMP in the form submitted. We urge the Council to amend if necessary to provide a realistic process to avoid a "take " of the property and the key public utility easement Very Truly Yours, Encinitas Ranch Comuanv. LP By: Carltas Company, General Partner 1 ,I By: Carltas Company, General Partner 1 ,I Christopher C. Calkins, President CCCISO CC: Raymond R. Patchett, City Manager Lorraine M. Wood, City Clerk Ronald R. Ball, City Attorney John C. White, President-Carltas Development Company 5600 Avenida Encinas - Suite 100 - Carlsbad, California 92008452 U.S.A. Telephae: (760) 431-5Mx) Fax (760) 431-9020 .-. PETERSON & PRICE A PROFESSIONAL CORPORATION LAWYERS .,."-.l~.""" _I_"""- Union Bank of California Building San Diego, California 92101-4454 530 "B" Street, Suite 1700 Telephone (619) 234-0361 Fax (619) 234-4786 703 Palomar Airport Road Carlsbad. California 92009-1042 Suite 200 Telephone (760) 929-1920 fax (760) 929-2206 OF mUNSEL PAULA. PETERSON ~~~~~ File No. 6146.001 February 3,2003 Mayor Claude A. "Bud" Lewis and Members of the City Council City Of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008-1989 Re: Tuesday, February 4, 2003 Habitat Management Plan LCPA 02-10/EIR 97-01 Addendum/DI 02-01 (HMP Addendum #2) Dear Mayor Lewis and Members of the City Council: We represent Larry Krasnow and his family and Bob Kevane and his family with regard to the above referenced matter. Our clients own four (4) legal lots that comprise approximately 20 acres. The property is zoned R-1 and is located immediately east of Ambrosia Lane and to the west of Skimmer Court within LCP Segment Section Mello I1 (see attached Tab 1). Our clients have owned these 4 lots for over 30 years and have been, for the last 10 years, attempting to subdivide the property for development. In fact, over the last 7 years they have spent an extensive amount of time and money in negotiating with the US. Mayor Claude A. "Bud" Lewis and Members of The City Council February 3, 2003 Page 2 Fish & Wildlife Service, the California Department of Fish & Game, and the City of Carlsbad to effectuate a "Hard Line" for the Habitat Management Plan ('HMP") which would limit the amount of development on the site. This Hard Line was scientifically developed based upon specific biological mapping and surveys and in negotiations with the US. Fish & Wildlife Service and the California Department of Fish & Game. This Hard Line preserves the Oaks and a wildlife corridor through the center of the property (see attached copy of the approved Hard Line Figure 25 from the City of Carlsbad Habitat Management Plan dated December 1999 -Tab 2). As a result of the Hard Line that was approved by the City and the Agencies in December of 1999, our clients designed a subdivision which would have accommodated the wildlife corridor and would have achieved approximately 46 dwelling units. Recently, the California Coastal Commission Staff has taken a very aggressive stance concerning the HMP and has indicated that unless the City complies with all of the Coastal Commission Staff's demands, that the Coastal Commission Staff will not recommend certification of the Plan to the California Coastal Commission. As a result of the Coastal Commission Staff recommendations, unfortunately our clients have lost the right to develop 75% of their property, including 2 of their 4 lots! Mayor Claude A. "Bud" Lewis and Members of The City Council February 3, 2003 Page 3 The Staff recommended policies (that were dictated by the Coastal Commission Staff) for our clients' property restrict development to a maximum of 25% of the site and do not allow any development on the easterly 2 lots. This criteria was not based upon biological constraints. In fact, Caitlin Bean, the HCP/NCCP Coordinator and staff biologist for the State of California Coastal Commission (from Santa Cruz, California) recently visited the site on January 13, 2003 with our clients. Ms. Bean concurs with both of the projects' independent biologists representing the owners, that the site does not contain southern maritime chaparral, but rather has been appropriately categorized as chamise chaparral. These very restrictive development standards as contained within the Staff Report as Policy No. 3-8.14, clearly result in a taking of private property without just compensation. Development would be economically infeasible based upon the cost of the roads, infrastructure and other permitting fees associated with the construction of the project. Our clients do not believe it is appropriate or fair that the HMP should result in a taking of three-quarters of our clients' private property for public open space. Finally, we have reviewed Negative Declaration (Resolution No. 5360) for the LCP Amendment and HMP Addendum No. 2 and find that it has not been prepared in accordance with the California Environmental Quality Act. The implementation of Staff's Mayor Claude A. "Bud" Lewis and Members of The City Council February 3, 2003 Page 4 recommendation would physically divide an established community. Our clients' property is an infill site virtually surrounded by development. Further, it would conflict with the applicable Land Use Plans, Policies and Regulations which allow for residential development on this property in accordance with the standards associated with the R-1 zoning. Further, we believe that the adoption of these standards as it relates to our clients' property will result in cumulative impacts to the City's housing needs. None of the above referenced items were considered or addressed within the Negative Declaration prepared for the HMP. As such, we assert that the environmental documentation for the adoption of this HMP and Amendment to the Local Coastal Plan is inadequate and does not comply with the California Environmental Quality Act. Based upon all the above, we would respectfully request that the City Council incorporate our clients' Compromise Proposal into the HMP which they have forwarded to you for your consideration. You will note that this Compromise Proposal provides for significantly more open space preservation than the originally negotiated Hard Line. This reduced proposal will result in a project that is economically viable and fair given the very long history that our clients have been attempting to develop their property. Mayor Claude A. ”Bud” Lewis and Members of The City Council February 3, 2003 Page 5 Should you have any questions, please don’t hesitate to call. Sincerely, PETERSON & PRICE A Professional Corporation Matthew A. Peterson Enclosures cc: Ray Patchett, City Manager Michael Holzmiller, Planning Director Ron Ball, City Attorney Lorraine Wood, City Clerk Larry Krasnow Bob Kevane (All with copy of enclosures) 1 Location of Kevane Property Within the City of Carlsbad Zoning Map 2 Encinitas Ranch Company, L.P. February 4,2003 City Council City of Carlsbad Carlsbad Village Drive Carlsbad ,California Re: LCPA 02-10EIR 97-01 ADDENDUM/ DI 02-01 (HMP ADDENDUM #2)- HABITAT MANAGEMENT PLAN City Council Hearing February 4,2003 Dear Mayor Lewis and Members of the Council: We are the owners of APN 21 1-040-33-00, a parcel of approximately 15 acres located east of the Costco Store and south of Palomar Airport Road. A significant portion of the property is wetland. I However, approximately 3 acres has been consistently identified in the general plan as planned industrial uses, and the City has imposed assessments for roads etc. on the property based on such designation. The property also includes major sewer and water easements for the various agencies connecting to the facilities west of the freeway. We believe that these uses are within 100' of the wetlands. The language of the proposed HMP at section 7-1.12 requires that ".. . buffer of lesser width shall require sufficient information to determine that a buffer of lesser width will protect the identified resource." Given the existing use of the land, and prior determinations by this Council and the Coastal Commission of the requirements for protection, it appears likely that the entire use of the property, including the existing major public utilities will no longer be permissible. It does not appear that the language contemplates a process or standards, whch will avoid such a taking of the land by this action. If we are correct in our understanding of the language and process in the HMP, then we believe that compensation for the loss will be both necessary and appropriate should the Council adopt the HMP in the form submitted. We urge the Council to amend if necessary to provide a realistic process to avoid a "take " of the property and the key public utility easement Very Truly Yours, Encinitas Ranch Company, LP By: Carltas Company, General Partner I Christopher C. Calkins, President ccc/so I CC: Raymond R. Patchett, City Manager Ronald R. Ball, City Attorney Lorraine M. Wood, City Clerk John C. White, President-Carltas Development Company 5600 Avenida Encinas - Suite 100 - Carlsbad, California 92008-4452 U.S.A. ' Telephone: (760) 43 1-5600 Fax (760) 43 1-9020 1 L 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 All-hfisk cmmuNy r/ Date&,aw-m FottheInforrmdIanofthe: RESOLUTION NO. 2003 038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR A LOCAL COASTAL PROGRAM AMENDMENT AND AN ADDENDUM TO THE HABITAT MANAGEMENT PLAN AND APPROVING SAID LOCAL COASTAL PROGRAM AMENDMENT AND ADDENDUM TO THE HABITAT MANAGEMENT PLAN TO ADD HABITAT DEVELOPED PROPERTIES IN THE COASTAL ZONE. CASE NAME: HABITAT MANAGEMENT PLAN CASE NO.: LCPA 02-10IDI 02-01 (HMP ADDENDUM #2) CONSERVATION STANDARDS TO REMAINING UN- WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on January 22, 2003, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Local Coastal Program Amendment, and Addendum to the Habitat Management Plan and recommended their approval; and WHEREAS, the City Council of the City of Carlsbad, California, on the day of , 2003, held a duly noticed public hearing to consider said Negative Declaration, Local Coastal Program Amendment, and Addendum to the Habitat Management Plan and at that time received recommendations, objections, protests, and comments from all persons fnterested in or opposed to LCPA 02-10 and Dl 02-01 (Addendum #2 to Habitat Management Plan). NOW, THEREFORE, 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 findings of the Planning Commission as contained in Planning Commission Resolutions No. 5360, 5361 and 5362 are incorporated herein by. reference and are the findings of the City Council. 3. That the Negative Declaration is adopted as shown in Planning Commission Resolution No. 5360, 'on file with the City Clerk and incorporated herein by reference. 4. That the amendment to the Local Coastal Program Amendment (LCPA 02-10) is approved as shown in Planning Commission Resolution No. 5361, on file with the City Clerk and incorporated herein by reference. In addition, staff is authorized to include any hardline boundaries negotiated prior to consideration of the Amendment by the California Coastal Commission. . //I I .- I 1 1 L C - c 7 E c la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J .. 26 27 28 5. That the Addendum to the Habitat Management Plan (Dl gZ-01 Addendum #2) i: approved as shown in Planning Commission Resolution No. 5362, on file 'with the City Clerk ant incorporated herein by reference. 6. That the approval of LCPA 02-10 shall not become effective until it is approvet by the California Coastal Commission and the Habitat Management Plan is given final approva by an Incidental Take Permit issued by the U.S. Fish and Wildlife Service. PASSED AND ADOPTED at a regular meeting of the City Council of the City oi Carlsbad on the ~ day of , 2003, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST LORRAINE M. WOOD, City Clerk (SEAL) -2- NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, February 4, 2003, to consider a request for an amendment to the City’s Local Coastal Program (LCP) by amending three LCP segments (Mello II, Mello I and Agua Hedionda) to add habitat conservation standards to remaining undeveloped properties in the Coastal Zone, approving an Addendum to the previously certified Environmental Impact Report (EIR 97-01) for the City’s Municipal Golf Course and Dl 02-01, adding an addendum (#2) to the City’s Draft Habitat Management Plan (HMP) to incorporate the additional standards, and adopting a Negative Declaration for the additional standards. 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 January 31, 2003. If you have any questions, please call Don Rideout in the Planning Department at (760) 602-4602. If you challenge the amendment to the City’s Local Coastal Program, the addendum to the previously certified Environmental Impact Report for the City’s Municipal Golf Course, the addition of an addendum (#2) to the City’s Draft Habitat Management Plan to incorporate the additional standards and/or the Negative Declaration for the additional standards 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, Attn: City Clerk’s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: LCPA O2-IO/ElR 97-01 ADDENDUM/DI 02-01 (HMP ADDENDUM #2) CASE NAME: HABITAT MANAGEMENT PLAN PUBLISH: MONDAY, JANUARY 20,2003 CITY OF CARLSBAD CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, February 4, 2003, to consider a request for an amendment to the City’s Local Coastal Program (LCP) by amending three LCP segments (Mello II, Mello I and Agua Hedionda) to add habitat conservation standards to remaining undeveloped properties in the Coastal Zone, approving an Addendum to the previously certified Environmental Impact Report (EIR 97-01) for the City’s Municipal Golf Course and Dl 02-01, adding an addendum (#2) to the City’s Draft Habitat Management Plan (HMP) to incorporate the additional standards, and adopting a Negative Declaration for the additional standards. 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 January 31, 2003. If you have any questions, please call Don Rideout in the Planning Department at (760) 602-4602. If you challenge the amendment to the City’s Local Coastal Program, the addendum to the previously certified Environmental Impact Report for the City’s Municipal Golf Course, the addition of an addendum (#2) to the City’s Draft Habitat Management Plan to incorporate the additional standards and/or the Negative Declaration for the additional standards 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, Attn: City Clerk’s Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: LCPA O2-IO/ElR 97-01 ADDENDUM/DI 02-01 (HMP ADDENDUM #2) CASE NAME: HABITAT MANAGEMENT PLAN PUBLISH: MONDAY, JANUARY 20,2003 CITY OF CARLSBAD CITY COUNCIL JFIN-16-2883 16:19 UNION-TRIBUNE COPLEY NEWSPAPER8 TELECOPIER TRANSMISSION COVER PAGE 619 293 2430 P.01/02 From: Gwen Watson Telephone #: (619) 293-1460 Fax #: (61 9) 297-6081 ma Add res: Union -Tribune Publishing Co. Legal Advertising - Gwen . P.O. Box 120191 San Diego, CA 921 12 ' 366 43Ccdik7 ehysi'cal Addrw: Telephone #: 350 Carnino de la Reina lbo 7LU &9L7 San Diego, CA 92108 Fax #: # of Pages: (including this one) This is a copy of y u d ertisement. Please proof and advise me of,any changes by A.$+1Y 'today: This is an enlarged proof.. The original measures a &I&kWLG 61/ lo l& I The date(s). for publication is (are) The total cost for publishing is: PREPAYMENT IS REQUIRED UNLESS,YOU HAVE AN ESTABLISHED ACCOUNT WITH US. NO PROCESSING'OF LEGAL ADS ON THURSDAY AFTERNOON AND ALL DAY FRIDAY. 360 CAMINO DE LA REINA. P.O. BOX IRI, SAN DIE~O, CALIFORNIA ea11e-4108 TELEPHONE 619-a99-313¶ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, February 4, 2003, to consider a request for an amendment to the City’s Local Coastal Program (LCP) by amending three LCP segments (Mello II, Mello I and Agua Hedionda) to add habitat conservation standards to remaining undeveloped properties in the Coastal Zone, approving an Addendum to the previously certified Environmental Impact Report (EIR 97-01) for the City’s Municipal Golf Course and Dl 02-01, adding an addendum (#2) to the City’s Draft Habitat Management Plan (HMP) to incorporate the additional standards, and adopting a Negative Declaration for the additional standards. 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 January 31, 2003. If you have any questions, please call Don Rideout in the Planning Department at (760) 602-4602. If you challenge the amendment to the City’s Local Coastal Program 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: LCPA 02-IO/EIR 97-01 ADDENDUMlDlO2-01 (HMP ADDENDUM #2) CASE NAME: HABITAT MANAGEMENT PLAN PUBLISH: [DATE] CITY OF CARLSBAD CITY COUNCIL Smooth Feed SheetsfM Use template for 510CF CARLSBAD UNlF SCHOOL DIST CITY OF ENClNlTAS 801 PINE AVE 505 S VULCAN AVE CARLSBAD CA 92008 ENClNlTAS CA 92024 CITY OF OCEANSIDE CITY OF VISTA 300 NORTH COAST HWY PO BOX 1988 OCEANSIDE CA 92054 VISTA CA 92085 CALIF DEPT OF FISH & GAME REGIONAL WATER QUALITY 4949 VIEWRIDGE AVE STE 100 SAN DIEGO CA 92123 9174 SKY PARK CT SAN DIEGO CA 92123-4340 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92009 CITY OF CARLSBAD PUBLIC WORKS/COMMUNITY SERVICES CITY OF CARLSBAD PROJECT PLANNER MICHAEL HOLZMILLEWDON RIDEOUT AIR POLLUTION CNTRL DlST 9150 CHESAPEAKE DR SAN DIEGO CA 92123 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 I.P.U.A. 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BOX 676221 RANCHO SANTA FE, CA 92067 BOB GOURLEY 501 50 lST AVENUE ARCADIA, CA 91006 @AVERY@ Address Labels Laser 5 160@ Smooth Feed SheetsTM BANK-OF COMMERCE TR P 0 BOX 85410 SAN DIEGO CA 921 86 I A D J HOLDINGS L L C C/O ARlE DEJONG 622 E MISSION RD SAN MARCOS CA 92069 BAKER WILLIAM&DONNA M FAMILY TRUST 18552 ERWIN ST RESEDA CA 91 335 BOLTON GEORGE R 6519 EL CAMINO REAL CARLSBAD CA 92009 CALVARY CHAPEL NO COAST 71 88 AVENIDA ENCINAS CARLSBAD CA 92009 BCS PROGRAM L - 2 NEWPORT FINANCIAL CENTER 1303 AVOCADO AVE NEWPORT BEACH CA 92660 DAYBREAK COMMUNITY CHURCH 2270 CAMINO VlDA ROBLE #M CARLSBAD CA 92009 CAMERON LAIRD&CATHERINE A 1252 PALMA VISTA CT ESCONDIDO CA 92025 CARDOSA MICHAEL J&NANCY C 6579 BLACK RAIL RD CARLSBAD CA 92009 LARRY JETT LANlKAl MANAGEMENT 1815 ASTON AVENUE CARLSBAD CA 92008 DELGUIDICE DAVID&VERA 34 MANATEE WAY CRAWFORDVILLE FL 32327 GlLLlGAN MICHAEL J 4465 ADAMS ST CARLSBAD CA 92008 GALLAGHER JOSEPH A C/O MSK DEVELOPMENT GROUP 5142 AVENIDA ENCINAS #D CARLSBAD CA 92008 FERNANDEZ VICTORIA TR P 0 BOX 395 CARDIFF CA 92007 GREEN FAMILY TRUST 10-08-97 1565 HOTEL CIR S #390 SAN DIEGO CA 921 08 HIDALGO ERNEST M 13422 PENN ST WHllTlER CA 90602 HIEATT FAMILY LIVING TRUST 04- 18-90 P 0 BOX 9672 RANCHO SANTA FE CA 92067 KEVANE ROBERT F&CHERYL L 8480 LA MESA BLVD LA MESA CA 91941 HUBER FAMILY TRUST 08-01-02 6407 EL PAT0 CT CARLSBAD CA 92009 KELLY LAND CO C/O D LARRY CLEMENS 201 1 PALOMAR AIRPORT RD #206 CARLSBAD CA 92009 LYNN WILLIAM R&CANDACE C 6575 BLACK RAIL RD CARLSBAD CA 92009 KlRGlS 1996 TRUST 4452 HOCKADAY DR DALLAS TX 75229 LEVATINO JOSEPH V&NOREEN L 1983 TRUST 22121 MALIBU LN HUNTINGTON BEACH CA 92646 MALDONADO DAVID&OLIVIA 1590 BASSWOOD AVE CARLSBAD CA 92008 MANZANITA PARTNERS L L C 1155 CUCHARA DR DEL MAR CA 92014 MELLGREN FLORENCE L P 0 BOX 1861 CARLSBAD CA 9201 8 MUROYA FAMILY TRUST 05-18-98 P 0 BOX 131016 CARLSBAD CA 9201 3 MlTSUUCHl BYPASS TRUST C/O NANCY M MlTSUUCHl 9 SUNLIGHT IRVINE CA 92715 MOORE GUY S JR EST OF C/O GENEVA M J MOORE 183 3RD AVE #626 CHULA VISTA CA 91 910 aAVERY@ Address Labels Laser 5 160@ Smooth Feed SheetsTM Use template for 516P .JIM BOERER 535 NORTH HIGHWAY 191 SOLANA BEACH, CA 92075 STUART FISK SUITE 150 5900 PASTEUR COURT CARLSBAD, CA 92008 SERGIO MALDONADO 1590 BASSWOOD AVENUE CARLSBAD, CA 92008 MARC PERLMAN 4275 CEDROS AVENUE SOLANA BEACH, CA 92075 JOHN MARTIN U.S. FISH & WILDLIFE SERVICE 6010 HIDDEN VALLEY ROAD CARLSBAD, CA 92009 KERl AKERS CALIFORNIA COASTAL COMMISSION SUITE 103 7575 METROPOLITAN DRIVE SAN DIEGO, CA 92108 MARIANNE HIRSCHBERG 371 9 BENNINGTON COURT CARLSBAD, CA 92008 ALI SHASHANI P.O. 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BOX 759 BREA, CA 92822 JACK HENTHORN SETH SCHULBERG 1530 FARADAY AVENUE CARLSBAD, CA 92008 BILL TIPPETS CALIFORNIA DEPARTMENT OF FISH & GAME 4949 VIEWRIDGE AVENUE SAN DIEGO, CA 92123 Laser 5 140@ * CALTRANS DISTRICT 11 BILL FIGGE MAIL ST 50 P 0 BOX 85406 SAN DIEGO CA 92186-5406 REG WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 FEDERAL AVIATION ADMIN WESTERN REG BUREAU OF INDIAN AFFAIRS PO BOX 92007 2800 COTTAGE WAY LOS ANGELES CA 90009 SACRAMENTO CA 95825 BARRY BRAYER, AWP-8 RONALD M JAEGER BUSINESS, TRANSPORTATION & HSG AGENCY CHANNEL ISLANDS NATIONAL PARK PATRICIA W NEAL DEPUTY SEC HOUSING SUPERINTENDENT STE 2450 1901 SPINNAKER DR 980 NINTH ST SAN BUENA VENTURA CA 93001 SACRAMENTO CA 95814 COASTAL CONSERVANCY STE I1 00 1330 BROADWAY OAKLAND CA 94612 DEPARTMENT OF AGRICULTURE GARY RESOURCE CONSER STE 102 DAVIS CA 95616 2121-C SECOND ST COUNCIL ON ENVIRONMENTAL QUALITY CHAIRMAN 722 JACKSON PL NW WASHINGTON DC 20006 DEPARTMENT OF DEFENSE LOS ANGELES DlST ENGINEER PO BOX 271 1 LOS ANGELES CA 90033 DEPARTMENT OF ENERGY CLIFFORD EMMERLING, DIR STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPARTMENT OF ENERGY STE 400 61 1 RYAN PLAZA DR ARLINGTON TX 7601 1-4005 DEPARTMENT OF FISH & GAME ENVIRONMENTAL SERVICES DIV P 0 BOX 944246 SACRAMENTO CA 94244-2460 DEPARTMENT OF FOOD & AGRICULTURE DEPARTMENT OF FORESTRY STEVE SHAFFER, AGRICULTURE RESOURCES DOUG WICKIZER, ENVIR COORD RM 100 P 0 BOX 944246 1220 N ST SACRAMENTO CA 94244-2460 SACRAMENTO CA 95814 DEPARTMENT OF HOUSING & URBAN DEVE DEPARTMENT OF JUSTICE DUNCAN LENT HOWARD, REG ADMIN DEPUTY ATTORNEY GENERAL 450 GOLDEN GATE AV RM 700 SAN FRANCISCO CA 94102 IIOWESTAST SAN DIEGO CA 92101 DEPARTMENT OF TRANSPORTATION RM 5504 1120 N ST SACRAMENTO CA 95814 ENERGY RESOURCES, CONSERVATION & DEVELOPMENT COMM CHUCK NAJARIAN 1516 NINTH ST SACRAMENTO CA 95814 * MARINE RESOURCES REGION, DR & G ENVIRONMENTAL SERVICES, SPR 350 GOLDEN SHORE LONG BEACH CA 90802 NATIONAL OCEANIC & ATMOSPHERIC ADMIN OCRM,55MC4 NlORM - 3 1305 EAST-WEST HWY SILVER SPRING MD 20910 OFFICE OF PLANNING & RESEARCH OFFICE OF LOCAL GOVERNMENT AFFAIRS PO BOX 3044 SACRAMENTO CA 93044 SAN FRANCISCO BAY CONSERVATION & DEVMT COMMISSION BILL TRAVIS STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941 11-4704 STATE LANDS COMMISSION DWIGHT SANDERS STE 1005 100 HOWE AV SACRAMENTO CA 95825-8202 U S BUREAU OF LAND MGMT STE RM W 1834 2800 COTTAGE WAY SACRAMENTO CA 95825 U S BUREAU OF RECLAMATION 2800 COTTAGE WAY SACRAMENTO CA 95825 MID-PACIFIC REGION U S FISH & WILDLIFE SERVICE 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825-1 888 * U S ARMY CORPS OF ENGINEERS LILY ALYEA STE 702 333 MARKET ST SAN FRANCISCO CA 94105-2197 WATER RESOURCES CONTROL BD PO BOX 100 SACRAMENTO CA 95801 SANDAG-LAND USE COMMISS NAN VALERIO STE 800 401 "B" STREET SAN DIEGO CA 92101 USDA - RURAL DEVELOPMENT DEPT 41 69 430 "G" ST DAVIS CA 95616 CALIFORNIA RESOURCES AGENCIES STE 131 1 1416 9TH ST SACRAMENTO CA 95814 . CARLSBAD CHAMBER OF COMMERCE JAN SOBEL 5934 PRIESTLY DR CARLSBAD CA 92008 REG.WATER QUALITY CONTROL BD STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 CITY OF ENCINITAS . COM DEV DEPT 505 S VULCAN AV ENCINITAS CA 92024 SANDAG-EXEC DIRECTOR GARY GALLEGOS STE 800 IST INT'L PLAZA 401 "B" ST SAN DIEGO CA 92101 LESLIE ESPOSITO 1893 AMELFI DR ENCINITAS CA 92024 ANTHONY & DICKY BONS 25709 HILLCREST AV ESCONDIDO CA 92026-8650 U S FISH & WILDLIFE SERVICE JOHN MARTIN 6010 HIDDEN VALLEY ROAD CARLSBAD CA 92009- TABATA FARMS PO BOX 1338 CARLSBAD CA 9201 8-1 338 SIERRA CLUB S D CHAPTER CRAIG. ADAMS 3820 RAY SAN DIEGO CA 92101 CYRIUMARY GIBSON 12142 ARGYLE DR LOS ALAMITOS CA 90702 a LAKESHORE GARDENS BILL McLEAN 7201 AVENIDA ENCINAS CARLSBAD CA 92009 JOHN LAMB 1446 DEVLIN DR LOS ANGELES CA 90069 SAN DIEGO GAS & ELECTRIC KIM BLESSANT 101 ASH STREET SAN DIEGO CA 92101- COUNTY OF SD SUPERVISOR BILL HORN ART DANELL RM 335 1600 PACIFIC HIGHWAY SAN DIEGO CA 92101 S D CO PLANNING & LAND USE DEPT JAON VOKAC 5201 RUFFIN ROAD SAN DIEGO CA 92123 STE 8-5 LANIKAI LANE PARK - SHARP SPACE 3 6550 PONTO DRIVE CARLSBAD CA 92008 STATE LANDS COMMISSION MARY GRIGGS STE 100 S 100 HOWE AV SACRAMENTO CA 95825-8202 PERRY A LAMB 890 MERE POINT RD BRUNSWICK ME 04011 CRA PRESIDENT LEE ANDERSON 5200 EL CAMINO REAL CARLSBAD CA 92008 * COASTAL CONSERVANCY RICHARD RETECKI STE 1100 1330 BROADWAY OAKLAND CA 9461 2 DALE/DONNA SCHREIBER 7163 ARGONAUTA WAY CARLSBAD CA 92009 FLOYD ASHBY 416 LA COSTA AV ENClNlTAS CA 92024 GEORGE BOLTON 6583 BLACKRAIL RD CARLSBAD CA 92009 @ CITY OF CARLSBAD 163 5 FARADAY AVENUE CARLSBAD, CA 92008 ATTN: JANICE BREITENFELD STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That .... She is a resident of the County of San Diego. THAT .... She is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that .......... She is not a party to, nor interested in the above entitled matter; that .... She is ................................ Chief Clerk for the publisher of ..................... The San Diego Union-Tribune a newspaper of general circulation, printed and published daily in the City of San Diego, County of San Diego, and wbch newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still Kas a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, ,trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to-wit: JANUARY 20.2003 'h6kation Affidavit of Publication of NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California, at 6:OO p.m. on Tuesday, February 4, 2003, to consider a request for an amend- ment to the C%.y!s Lcxal Co"- (LCP) by amending three LCP segments (Mello 11, Mello I and Agua Hedionda) to add habitat conservation standards to remaining undeveloped properties in the Coastal Zone, approving an Addendum to the previously certified Environmental Impact Report (Em 97-01) for the City's Municipal Golf Course and DI 02-01, adding an addendum (#2) to the City's Draft Habitat Management Plan (HMP) to incorporate the additional standards, and adopting a Negative Declaration for the addi- tional standards. Those persons wishing to speak on this pro- posal are cordially invited to attend the pub- lic hearing. Copies of the staff report will be available on and after January 31, 2003. If you have any questions, please call Don Rideout in the Planning Department at (760) 602-4602. If you challenge the amendment to the City's Local Coastal Program, the addendum to the previously certified Environmental Impact Report for the City's Municipal Golf Course, the addition of an addendum (#2) to the City's Draft Habitat Management Plan to incorporate the additional standards and/or the Negative Decldration for the additional standards in court, you may be limited to raising only those issues you or someone else raised at the pubpc hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE:LCPA 02-10/EIR 97-01 ADDENDUM/DI 02-01 (HMP ADDENDUM #2) b CASE NAME:HABITAT MANAGEMENT PLAN PUBLISH: MONDAY, JANUARY 20, 2003 PROOF OF PUBLIC- .TION This space is * the County Clerk's Filing Stamp - (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of Proof of Publication of North County Time Formerly known as the Blade-Citizen anc Times-Advocate and which newspapers havc adjudicated newspapers of general circulati the Superior Court of the County of San 1 State of California, for the County of San 1 that the notice of which the annexed is a copy (set in type not smaller than nonparie: been published in each regular and entire is said newspaper and not in any supplement t on the following dates, to-wit: JANUARY 20,2003 I certify (or declare) under penalty of perjuI the foregoing is true and correct. Dated at SAN MARCOS, Cali] this 20TH of JANUARY, 2003 Signature uideveloped properties in the Coastal Zone, approvin an Addendum to the reviousl certified Environmental &I pact Report (EIR 97-01ffor the 6i s Munici al plf Course and DI 02-01 , addin$an addendwnK2) to theby s Draft Habitat Man ement lan (HMP) to inco rate the additional standards, and %opting a Negative Declararrn for the additional standards. nose rsons wishing to s ak on this proposal are corw invited% attend the ublicqearin Co ies of the staff rep$ will be available on and &er January 81 2833. If ou have any ues- tions, lease call Don Rideout in the blanning Jepartment atb601 If you challenge the amendment to the City's .heal Coastal Program the addendum to the previously ceded Environmental Impact & rt for the Ciiy's Munid al Golf Course, the addition oj an .adden& (#2 to the City's Dr & Habitat MTt Plan ta rate the a ditional standards and/or the N ative Declara- the additional standards in court, ou may limited to raking only those issues you or someone eL raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad Attn: Ci Clerk's OfBce, 1200 public h& Carlsbad Vill e Drive, Carlsbad, CA 9200 ?i , at or.prior to the 602-&2. d CASEFrn LCPA 02-10 EIR 97-01 ADDENDUM/DI 02-01 (HMP ADDAUM #2) CASENAME: HABITAT MANAGEMENT PIAN PUBLISH, MONDAY, JANUARY 20,2003 CITY OF CARLSBAD CITY COUNCIL NORTH COUNTY TIMES Legal Advertising 1 STaTE OF CALIFORNIA -THE RESOURCES AGENCY - CALIFORNIA COASTAL COMMISSION SAN DIEGO. CA 921084402 (619) 767-2370 For Information of tbc: SAN DIEGO AREA 751s METROPOUTAN DRIVE, SUITE 103 All Receive CITY COUNCIL August 3,2001 Michael Holzmiller Planning Director City of Carlsbad 1635 Faraday Avenue Carlsbad, California 92008-73 14 RE: Carlsbad Habitat Management Plan and Golf Course Dear Mr. Holzmiller: Coastal Commission staff have reviewed Mr. Martin Orenyak’s letter of May 14,2001, regarding the Carlsbad Habitat Management Plan (HMP) and the proposed City golf course that is currently before the Commission on appeal of the City’s approval of a coastal development permit. We have conducted a detailed review of the draft HMP and the golf course plans, and have met several times with City staff to discuss our concerns about potential adverse impacts to coastal zone resources. We appreciate the City’s commitment to work with the Commission and the extensive effort expended in the preparation of the HMF’. We offer the following information to assist you in modifying this plan in a manner that is feasible, meets the City’s needs and ensures protection of coastal resources consistent with the requirements of California’s federally approved coastal management program &e., the Coastal Act). Our comments are based upon the draft HMP dated December 2000. Although we recently learned that a revised draft plan was released for public review in June 2001, we were not informed of the release nor provided with a copy of the document for our review; therefore, our review and comments may require some revision if substantive changes have been made in the current public review draft. Current Status of HMP, LCP and the Coastal Environment When meeting with Commission staff, the City expressed frustration with the Commission’s review and comments concerning the proposed golf course and the HMP, and stated that the Commission should have been involved in the HMP process at an earlier stage. Although Commission staff was aware that the HMP was being prepared, the City has had a fully certified local coastal program (LCP) in place since 198 1, and we assumed that the HMP would be developed in a way that would strengthen the existing LCP land use and habitat protection requirements. We did not anticipate that the City would adopt a plan that conflicts with the provisions of the certified LCP which is, after all, the operative and controlling land use regulatory mechanism under the law. If the City had wanted to make substantive changes to its certified LCP to reflect provisions being considered in the evolving HMP, the City could have sought specific consultation 1 Michael Holzmiller August 3,2001 Page 2 and direction from Commission staff as to how such provisions could best be incorporated into the LCP. Unfortunately, as currently proposed, the HMP and golf course design would allow adverse land use impacts to natural slopes and wetlands that are clearly inconsistent with the certified LCP, and that do not meet Coastal Act requirements for the protection of environmentally sensitive habitat areas (ESHAs). Since the City’s LCP was certified twenty years ago, many important changes have occurred affecting the status of coastal habitats and the species that depend on their integrity. There have also been changes in the laws governing environmental stewardship and ecosystem protection. In 199 1 , the California Natural Communities Conservation Planning (NCCP) program was established, with a pilot program to protect coastal sage scrub (CSS) communities in Southern California that provide habitat for the California gnatcatcher. In 1993, the California gnatcatcher was listed as threatened under the federal Endangered Species Act. Recent court rulings, particularly Bolsa Chica Land Trust v. Superior Court (1999) 7 1 Cal.App.4” 493, have strengthened Coastal Act protections of ESHAs and have confirmed the Commission’s responsibility to protect ESHA as it exists on the ground, resulting in higher levels of ESHA protection than commonly provided in many older LCPs. Finally, the City is currently transitioning a number of formerly agricultural properties from a holding zone (Limited Control/LC) to zones that allow urban development. These LC properties comprise much of the remaining undeveloped land in the City’s coastal zone, and contain valuable habitat, some of which is ESHA. It is clear that the City’s LCP should be amended and updated to address these and other issues, and should be amended to incorporate the proposed HMP to the extent that it affects coastal zone resources which are protected pursuant to the Coastal Act. Even if the City elects not to incorporate the HMP into its LCP, the Commission should be included in the list of reviewing agencies, in order to ensure consistency with the LCP and Coastal Act requirements and to provide a mechanism for interagency cooperation, at least to the extent that coastal zone resources are affected. The Commission should be notified of proposed actions in the coastal zone such as HMP amendments, specific development plans in the so-called “standards” areas and the developable portions of the “hardline preserve” properties, revisions to the preserve area boundaries, and changes to the implementing agreement. The Commission should also be consulted concerning conservation easements and development agreements which affect coastal zone resources and properties included in the HMP, or properties outside the coastal zone which are intended to be used as mitigation for adverse impacts to coastal zone resources. Background of HMPMHCP and Relationship to Coastal Act The HMP will function as the City’s sub-area plan within the larger framework of the Multiple Habitat Conservation Plan (MHCP), which is still in draft form and ultimately will apply to approximately 186 square miles in northwestern San Diego County. Once approved, the MHCP and its subarea plans will serve as a Habitat Conservation Plan (HCP) under U.S. Fish and Wildlife Service (USFWS) regulations. These plans will replace interim regional restrictions on the “take” of California gnatcatchers and other Michael Holzmiller August 3,2001 Page 3 covered species, and will allow limited “incidental take” of those species under the Endangered Species Act. The MHCP and subarea plans are also intended to meet the criteria for the southern California NCCP program. The objectives of the southern California NCCP program include identification and protection of habitats in sufficient amount and distribution to ensure long-term conservation of coastal sage scrub communities and the California gnatcatcher, as well as other listed species and sensitive habitat types. In general, the HCP and NCCP processes, as implemented through the HMP, are intended to promote the preservation of important natural resources by identifying and implementing an interlinked natural communities preserve system, and by directing development to the most appropriate areas with the least adverse impacts. Through these multi-species and multi-agency natural community planning and management processes, both state and federal resource agencies (i.e., the California Department of Fish and Game and the U.S. Fish and Wildlife Service) have adopted a long-range approach to habitat management and species conservation that differs substantially from the more traditional piecemeal and fragmented mitigation approaches to addressing adverse habitat impacts. Although HCPs have been prepared for areas as small as a single lot, the MHCP and its subarea plans are intended to function at the citywide or regional level, instead of focusing on impacts to individual properties. Commission staff supports the underlying goals and objectives of the HCP/NCCP programs and does not think their goals and objectives and those set forth in the Coastal Act are mutually exclusive. Although the focus of the programs differ, many of the natural resources at stake are the same, and the ultimate goal of protecting covered species and sensitive habitats is shared by all these programs. Therefore, it is both possible and necessary for the HMP and LCP to be implemented in an integrated fashion so that each complements and supports the other, and together provide the highest overall level of protection for sensitive natural coastal resources within the City of Carlsbad. It is for these reasons, which are more fully discussed and explained below, that Commission staff is prepared to recommend to the Commission approval of an integrated, regional natural resources planning and management program (such as the HMP) that will result in some adverse impacts to ESHAs within the coastal zone and that provides for the compensation and mitigation of those losses outside the coastal zone. Coastal Act Reauirements As explained in our previous letter of January 24,2001, the City’s application for an incidental take permit (ITP) pursuant to Section 10 of the Endangered Species Act (ESA) requires that the City submit a federal consistency certification to the Commission. The Commission will review the lTP application, federal consistency certification, and other supporting information to ensure that the HMP is consistent with California’s federally approved coastal management program (i.e., the Coastal Act). Additionally, because the Commission will be asked to rely on the HMP as providing the ways and means to ensure that Coastal Act requirements are met in circumstances where the loss of sensitive coastal Michael Holzmiller August 3,2001 Page 4 resources in the coastal zone will be compensated and mitigated in areas outside the coastal zone, the adequacy of the HMP will be evaluated relative to Coastal Act policies and Commission practice. Section 30107.5 of the Coastal Act defines an “environmentally sensitive area” (ESHA) as “any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.’’ Section 30240 requires that “environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.” These Coastal Act provisions or standards support a finding that areas within the coastal zone containing CSS, which are occupied by listed species (e.g., gnatcatchers) or used for foraging by those species, are ESHAs. Commission staff made this finding relative to the golf course site and concluded that similar findings can probably be made for other coastal zone properties and to the HMP as a whole. Other vegetative communities, such as southern maritime chaparral (SMC), may also be determined to be ESHA based upon the presence of endangered plant and animal species and/or their foraging habitat. Potential exceptions to this standard, which will be made on the basis of case-by-case scientific review, may include areas of isolated habitat or very small habitat areas which do not-significantly contribute to the support of a population. In addition to wildlife and habitat protection policies, the Coastal Act includes land use policies which address other aspects of development. For example, section 30250 of the Public Resources Code provides that new residential, commercial and industrial development shall be located within, contiguous with, or in close proximity to existing developed areas and/or areas with adequate public services, and where it will not have significant adverse impacts on coastal resources. This section is generally interpreted as promoting concentration of development in or adjacent to existing developed areas in order to reduce sprawl and its attendant impacts to coastal zone resources. The HMP proposes to preserve large, contiguous blocks of habitat with the highest natural resource value relative to covered species, and to generally locate development away from these areas. In exchange for the benefits derived from a share of the incidental take authorized under the HCP, which will result in some impacts to gnatcatchers and associated adverse impacts to CSS, landowners must agree to place the majority of their properties and associated sensitive habitat areas into open space through a conservation easement that then becomes part of the MHCP preserve. The Coastal Act acknowledges that conflicts may occur between one or more of its policies, and “in such cases, conflicts should be resolved in a manner which on balance is the most protective of significant coastal resources.” (Section 30007.5) In order to protect corridors of viable, connected habitat area which take into account the mobility and foraging requirements of listed and covered species, it may be preferable to take a regional approach to the preservation of ESHAs. Instead of preserving all ESHAs in place where they are found, which could result in excessive fragmentation, reduced habitat values and difficulties in monitoring and management, it may be more protective Michael Holzmiller August 3,2001 Page 5 of ESHA resources to focus on regional conservation approaches that concentrate development away from the habitat of greatest overall value. Such an approach could ensure the health and viability of larger, connected sensitive vegetative communities that support listed and covered species within the City’s jurisdiction. Based upon the staff‘s review of the HMP, the following requirements, if applied and adhered to within the coastal zone and with respect to areas outside the coastal zone to the extent such areas are intended as mitigation for adverse impacts on ESHAs in the coastal zone, would result in a habitat management plan that could meet the requirements of the HCP and the NCCP as well as the Coastal Act. Principles for Establishment of HMP Preserve Area In general, the Coastal Act prescribes a regulatory approach to habitat protection. We recognize that creation of an effective habitat preserve requires a careful balancing of preservation and mitigation requirements, and must provide an enforceable monitoring, remediation and adequately funded maintenance program for the preserve area. A principal consequence of the HCP process is to allow the “incidental take” of some individuals while maintaining the general health and viability of a listed species population. Commission staff are prepared to recommend to the Commission approval of a program that may have some adverse impacts to ESHAs in order to obtain greater overall protection of contiguous, high-quality habitat. However, based on available information in the draft HMP, staff cannot conclude that the pattern of development and the ways and means proposed for the preservation of environmentally sensitive habitat will be more protective of ESHA than retention of all habitat in place. To meet Coastal Act requirements, additional information and assurances are required to demonstrate that the HMP contains sound, scientifically-based principles for preserve design and location; that it includes a meaningful monitoring and remediation program (where mitigation credits are being provided); that financing for acquisition, mitigation, monitoring, remediation (where applicable), and management is adequate and ensured; and that enforcement to ensure effective implementation of the plan is built into the program. Federal regulations for monitoring and funding requirements associated with the implementation of an HCP that will result in the authorized “incidental take” of listed species are located in 50 CFR 3 17.22(b) (endangered wildlife) and 17.32(b) (threatened wildlife). Pursuant to this regulation, the applicant must identify the steps that will be taken to monitor, minimize, and mitigate impacts, the funding that will be available to implement such steps, and the procedures to be used to deal with unforeseen circumstances. The applicant must also identify what alternative actions to the “take” of a listed species were considered and the reasons why such alternatives are not proposed to be utilized. Monitoring guidelines are also described in the USFWS 5-Point Policy [Federal Register Vol. 65 (106), p. 35254, Final Addendum to the Handbook for Habitat Conservation Planning and Incidental Take Permitting Process]. These guidelines include: 1. Periodic accounting of incidental take that occurred in conjunction with the permitted activity; Michael Holzmiller August 3,2001 Page 6 2. Survey to determine species status, appropriately measured for the particular conservation program (e.g., presence, density or reproductive rates); 3. Assessment of habitat conditions; 4. Progress reports on fulfillment of the operating conservation program (e.g., habitat acres acquired and/or restored); and 5. Evaluations of the operating conservation program and its progress toward its intended biological goals. USFWS policies for mitigation to impacted habitat are set forth on pages 3-21 of the Habitat Conservation Planning Handbook. These policies include mitigation requirements which locate replacement habitat as close as possible to the area of impact, include the same type of habitat, and provide support for the same species. Additionally, when a mitigation program involves creation of new habitat or restoration of degraded habitat, the techniques used should be proven and reliable, or else have contingency measures or adaptive management procedures in place to correct for any failure to achieve the biological goals of the program. Because the guidelines set forth in the USFWS Handbook are consistent with the concerns and approaches the Commission has taken in the implementation of its regulatory responsibilities under the Coastal Act, we can apply these guidelines in our evaluation of the City’s HMP. Recommended Changes to the HMP The December 2000 draft HMP does not appear to meet the guidelines summarized above. The HMP does not indicate how the current preserve design and alignment is superior to alternative preserve configurations that could have been selected and located withn the identified biological core and linkage area (BCLA) to maximize habitat protection and minimize the need for the “incidental take” of listed species. In the case of National Wildlife Federation v. Babbitt (E.D. Cal. 2000) 128 F.Supp.2d 1274 1291-3, the U.S. District Court invalidated an incidental take permit (lTP) for failure to demonstrate that the impacts of the take of listed species had been minimized “to the maximum extent practicable” as required by ESA 9 lO(a)(2)(B)(ii). In general, the plan should contain information sufficient to document that the proposed preserve design represents the least environmentally-damaging feasible alternative. When this matter comes formally before the Commission, we will, at that time, conduct an independent review of each site on an individual basis. It is not clear how the funding necessary to implement the HMP will be guaranteed in order to cany out the identified acquisitions and mitigation program, or, alternatively, how the HMP will be implemented if the projected and necessary funds are not received. The court in Babbitt, supra, also invalidated the ITP before it on the additional ground of the failure of the ITP to provide for adequate funding to implement the associated HCP in violation of ESA 9 lO(a)(2)(B)(iii). The HMP should additionally stipulate that the preserve will be maintained in perpetuity. This requires a dedicated management authority with a reliable and predictable source of funding for maintenance and monitoring, and, where applicable, remediation and adaptive management if unforeseen Michael Holzmiller August 3,200 1 Page 7 circumstances should warrant it. The plan should also specify the means for transferring management responsibilities if the management authority should cease to exist. The HMP should include a detailed plan for monitoring, management and enforcement that is realistic, has adequate funding in place, and which spells out responses to unforeseen situations or occurrences requiring enforcement or remedial action. Although we believe the HMP should ultimately be incorporated into the LCP through appropriate amendment, until that is accomplished and to ensure consistency between the LCP and HMP, both of these plans should, at a minimum, be cross-referenced to make clear the purpose and operative effect (i.e., legal authority) of each program in the coastal zone. The HMP should also state that, in case of any conflict between the LCP and HMP, the provisions of the LCP govern and must be met within the coastal zone. The HMP should indicate that all current habitat protection requirements of the LCP will be maintained under the HMP within the coastal zone, including requirements for protection of naturally-vegetated slopes greater than 25% (dual-criteria) and wetlands. These requirements are found in Policies 3-1 and 3-7 of the Carlsbad LCP. In addition to the protection of habitat values, the City must retain protections of steep slopes, highly scenic areas, natural landforms and public coastal access as required by Sections 30251 and 30253 of the Coastal Act. The draft HMP currently proposes that “standards areas” be held to conservation goals and provisions that allow at least 25% development of the site and that provide for the preservation of a minimum of 67% of coastal sage scrub and 75% of gnatcatchers on each site, regardless of any “incidental take” authorization. This provision in the draft HMP is inconsistent with the requirements of Policy 4-3@)(l)(a) of the certified LCP, which allows a maximum 20% of a site to be adversely impacted if the site is nearly all or entirely in steep slopes. The 20% maximum impact limitation should also be made applicable to sites which are nearly all or entirely covered with ESHA. Additionally, the HMP should be revised to be consistent with current LCP limitations on impacts to dual-criteria slopes, and should indicate that no more than 20% of a site that is nearly all or entirely composed of dual- criteria slopes may be developed. A program for the transfer of development credits to avoid development on highly-constrained sites should also be encouraged. Preserve areas in the coastal zone, or preserve areas outside the coastal zone that are intended to mitigate for adverse impacts inside the coastal zone, must be secured in a manner that will ensure permanent preservation of the area solely for habitat conservation and other clearly compatible uses, such as low-impact passive recreation (walking trails, etc.). Acceptable means of securing preservation include conservation easements with the Commission named as a beneficiary for enforcement purposes, inclusion of the Commission on the Implementing Agreement, or a transfer of fee title to a public or non- governmental land conservancy or conservation entity. It is not sufficient to merely rezone a portion of a property for open space, in the absence of such additional protective measures and/or a corresponding amendment to the certified LCP. Mitigation Reauirements The draft HMP contains provisions for mitigation of adverse impacts to coastal sage scrub and other native vegetative communities. In reviewing the Carlsbad HMP, staff Michael Holzmiller August 3,2001 Page 8 will evaluate adverse impacts to ESHA in the coastal zone on a site-by-site basis to determine if such adverse impacts are permissible under the Coastal Act, and if so, whether they are adequately offset or mitigated by revegetation, habitat restoration, habitat creation, and/or other habitat enhancement measures either on or offsite. This approach would be predicated on the Commission’s exercise of its ability to resolve conflicts in a manner that is most protective of coastal resources. The mitigation program must include creation of new habitat; the area of such created habitat must be at a ratio of at least 1: 1 to the area adversely impacted. It is preferred that adverse impacts within the coastal zone be mitigated inside the coastal zone. Mitigation outside the coastal zone will be considered acceptable if, in addition to meeting the criteria identified above, the mitigation clearly ensures higher levels of habitat protection and value in the context of a regional habitat preservation program. However, it should be understood that preservution of existing, onsite vegetation will not be considered as mitigation under the Coastal Act. Currently, the draft HMP states that if 67% of habitat is preserved onsite, the property owner will not be subject to additional offsite mitigation requirements. This provision is not acceptable for mitigation as defined by the Coastal Act. The HMP should identify the “hardline preserve” areas and the “standards” areas of land that contain sensitive vegetation andor are highly constrained, and should, with some degree of specificity, indicate the amount and location of sensitive vegetation on each site. To the extent feasible, the HMP should also identify the amount of habitat proposed to be lost for development in “hardline preserve” areas. The HMP proposes a 2: 1 mitigation ratio for adverse impacts to CSS that support nesting listed species, and 1: 1 mitigation for unoccupied CSS, coastal sagekhaparral mix, and non-southern maritime chaparral. A mitigation ratio of 3: 1 is proposed for adverse impacts to beach habitat, southern coastal bluff scrub, maritime succulent scrub, southern maritime chaparral, and native grass. These habitat types are also recommended for inclusion in the proposed preserve system to the maximum extent feasible. We recommend that beach habitat be removed from the list of habitats with permissible adverse impacts, and that mitigation ratios of 2: 1 for all CSS and 3: 1 for all of the remaining communities be established in the coastal zone. The mitigation ratios we recommend take into account the foraging value of non-occupied CSS and CSS-mixture areas, compensate for the initial lower habitat value of an immature vegetative community, and the fact that the success rate of revegetation efforts is often less than 100%. Although the HMP specifies that there should be no net loss of wetlands in the area covered by the HMP, this provision is inconsistent with Coastal Act Section 30233, which restricts development in coastal wetlands to specific, very limited resource- dependent activities when there is no feasible alternative that is less environmentally damaging. Policy 3-7 of the certified LCP reflects this stringent protection against adverse impacts to coastal wetlands. However, if development is proposed that is consistent with Section 30233 and Policy 3-7, mitigation for adverse impacts within the coastal zone should be required at a ratio of 3: 1 for riparian areas and 4: 1 for vernal pools and salt marsh. Successful mitigation requires detailed planning based on scientific principles, and a commitment to monitoring and maintenance in order to sustain the mitigation program Michael Holzmiller August 3,2001 Page 9 until the replacement community is successfully established. Adequate financial commitments and assurances that are enforceable must be directly tied to development proposals to ensure that the proposed mitigation will actually be implemented and completed. Page 3-23 of the HCP Handbook states that “when habitat losses permitted under an HCP are permanent, protection of mitigation lands normally should also be permanent.” Therefore, prior to allowing adverse impacts, it is essential to provide secured mitigation sites that will be preserved in perpetuity, as well as adequate funding necessary for mitigation, monitoring, management, and, where applicable, remediation. These measures are of particular concern to us if the program proposed as mitigation for adverse impacts in the coastal zone includes mitigation sites outside the coastal zone. Standards for Undeveloped ProDerties in the Coastal Zone The draft HMP divides the preservation areas into three categories: areas which are already preserved, “hardline” preserve areas for which there exist negotiated development agreements, and “standards” areas for which there is limited guidance relative to future habitat preservation and the siting of new development. The Commission has reviewed several individual development proposals on “hardline” preserve and “standards” area properties. Some of these were approved (Kelly Ranch, Roesch), and another was denied (Manzanita) because the Commission found, among other things, that the proposed project-driven LCP amendment was premature and could prejudice a comprehensive planning effort for protection of the biological core and linkage areas (BCLA) within the coastal zone that were included in the HMP. Many properties included in the “standards” areas are currently zoned Limited Control (LC), which was a zoning designation approved in the 198 1 LCP for areas which were in transition from agriculture to urban land uses. At the time the LCP was certified, it was not known what the appropriate standards applicable to future buildout of these properties would be. However, it was clear at that time that residential zoning was not appropriate due to topography, environmental sensitivity, and then existing agricultural use. The certified LCP implementation plan specifies, in Section 21.39.010 of the City’s zoning code, that future land use planning for LC areas should be carried out prior to any rezoning of these lands for urban development. Although this planning has not yet been undertaken, individual rezoning requests, in the form of LCP amendments, continue to be submitted to the Commission on a piecemeal basis without any analysis or understanding of their cumulative effect on ESHAs and on the viability of the evolving HMP that includes some of the areas in question. As previously noted, the “standards” areas identified in the HMP include much of the remaining undeveloped land in Carlsbad. Additionally, there are other undeveloped properties in the coastal’zone which are within the identified boundaries of the BCLA but which have not been included in the “standards” areas. Some of these undeveloped properties may contain significant ESHA resources, which should be incorporated into the HMP preserve area if possible. There are also undeveloped properties inside and outside of the “standards” areas which do not contain significant amounts of ESHA, but their location may make them important linkage points for a preferred BCLA corridor orientation. The most appropriate alignment of the final BCLA corridor in the coastal Michael Holzmiller August 3,2001 Page 10 zone could then be established based upon the inclusion of all undeveloped properties in the BCLA, most of which are located in Zones 20 and 21. The HMP currently does not include criteria that are sufficiently specific to ensure there will be an appropriate level of planning for optimum corridor design, nor does it include any assurance there is a commitment to the completion of a preserve corridor through the “standards” areas. In general, the HMP should include specific policies that identify the following: preferred corridor locations based on the actual location of resources; the concentration of development away from ESHA and corridor areas; and the siting of reasonable development areas concentrated on the least-sensitive portions of the site in order to preserve the largest contiguous blocks of ESHA. Avoidance of adverse impacts to ESHAs is always the preferred alternative, followed by minimization of adverse impacts and the determination of the least environmentally-damaging feasible alternative. When adverse impacts are identified, feasible mitigation measures should be concurrently spelled out, along with the enforceable commitments to ensure the availability of adequate funding to effectively carry out the identified mitigation measures. The HMP should also provide guidelines for fuel management which require fuel modification lines to be located within the development envelope and outside of the preferred open space preserve corridors. Fuel management zones 1 and 2 should be accommodated within the development envelope, and sufficient setbacks should be provided to guard against any significant encroachment of fuel modification activities into the preserve open space. Only fuel management zone 3 may be an acceptable expansion beyond the development envelope, if habitat disruption is extremely limited. Appropriate and permanent buffers for transition areas adjacent to wetlands and ESHAs should also be established. Habitat buffers should also be incorporated into the HMP preserve area whenever feasible. Carlsbad MuniciDal Golf Course We understand that the golf course is critical to the City’s participation in the HMP process. The mitigation required by the USFWS for adverse impacts resulting from development of the golf course includes a financial contribution that is vital to the acquisition of critical habitat in what has been identified as a Core Area in San Diego County outside the coastal zone. The Core Area is identified in the MHCP as the largest area of high-quality gnatcatcher habitat with an existing dense population, centrally located to the proposed north-south regional corridor connections. In order for Commission staff to be able to recommend approval of the proposed golf course, the following minimum criteria must be met: 1. The proposal must meet the minimum standards of the certified LCP for protection of dual-criteria slopes and wetlands. Buffers must be established to protect wetlands outside of the habitat preserve corridor areas. 2. The habitat preserve corridor on the eastern side of the site must be based on an alignment that is best suited to preserve the largest contiguous blocks of ESHA and Michael Holzmiller August 3,2001 Page 11 gnatcatcher habitat. This will require elimination of the proposed light industrial sites in that area. Commission staff is prepared to work with the golf course designer to identify appropriate cart path routing in order to minimize habitat disruption. 3. Impacts to CSS and other native vegetation must be mitigated as previously described. Buffering of ESHA areas should also be addressed. We hope this information is helpful to you in making the necessary changes to the HMP and LCP to ensure consistency with Coastal Act requirements. As previously noted, our comments are based on the information provided in the December 2000 draft HMP, and we recognize that additional information provided by the City may result in changes to our recommendations. If you have any questions regarding these matters, or need further information, please call Ken Akers in the San Diego office at (619) 767-2370, or James Raives in the San Francisco office at (415) 904-5200. Commission staff are available to meet with you to discuss the HMP and our recommendations, and to assist with development of a mitigation implementation plan which can be incorporated into the HMP and satisfy both HCP and Coastal Act requirements for areas within the coastal zone. Sincerely, Deborah Lee, Deputy Director California Coastal Commission Cc: Ray Patchett J Nancy Gilbert, USFWS Bill Tippits, CDFG HCP Team