HomeMy WebLinkAbout1997-01-20; Parks & Recreation Commission; 197-5; Agua Hedionda Lagoon FoundationPARKS & RECREATION COMMISSION - AGENDA BILL\sAB# 197-5
TG 01-20-97
JEPT CSD
TITLE: AGUA HEDIONDA LAGOON
FOUNDATION REQUEST (ACTION)
RECOMMENDED ACTION:
Consider the action of the City Council regarding the Agua Hedionda Lagoon (AHL) Resolution
Of Intention and take appropriate action regarding AHL Foundation's request. Consider
appointing a Commission liaison to attend future AHL workshops.
ITEM EXPLANATION:
At the September meeting, the Parks and Recreation Commission considered a request of the
AHL Foundation which asked the Commission to initiate a full and thorough analysis of the Agua
Hedionda Lagoons' potential to provide recreation activities for the citizens of Carlsbad. At that
time, the City Council was considering an item relating to a Resolution Of Intention to study land
uses on the south shore of the Agua Hedionda Lagoon. During that council item presentation,
the AHL Foundation requested the council to expand the study area to include the entire lagoon
area and to provide a more comprehensive study which could also include issues related to the
lagoons future recreation potential. Action by the council that evening was to continue the
Resolution of Intention for further staff analysis of the request to expand the entire study area.
Consequently, in response to AHL Foundations request of the Parks and Recreation
-Commission, the Commission supported staffs recommendation to defer the issue pending
ouncil action relative to the south shore study.
As of the preparation of this agenda bill, the City Council is scheduled to address the item on
January 14, 1997. Staff will provide an update on Council action regarding the study area as
that action may effect the Commission's decision regarding the request to initiate a full and
thorough analysis of the lagoons future recreation potential.
FISCAL IMPACT:
Depending upon the scope of any future study, funding may be required to provide that effort.
No funds have been budgeted by this Commission or by the Community Services Department to
perform this proposed study.
EXHIBITS:
1. PRC Agenda Bill #996-6 Agua Hedionda Lagoon Foundation request.
2. City Council Agenda Bill #13,995 - Agua Hedionda Lagoon Resolution of Intention.
71
PARKS & RECREATION COMMISSION - AGENDA BILL
AB# 996-6
MTG 09-16-96
DEPT CSD
TITLE: AGUA HEDIONDA LAGOON FOUNDATION
(AHLF) REQUEST (INFO)
RECOMMENDED ACTION:
If the Commission concurs, direct this issue back to staff for further evaluation and return to the
Commission with additional information.
ITEM EXPLANATION:
On September 9, 1996, staff received a request (Exhibit 1) from AHLF, proposing that the
Commission take action to initiate a full and thorough analysis of the Agua Hedionda Lagoon's
potential to provide recreation activities for the citizens of Carlsbad.
At this time, staff is not prepared to discuss this issue in great detail due to a lack of time to
evaluate all of the items contained within this proposal. However, in a related item, the City
Council, on September 10, 1996, addressed a similar topic during the discussion of Council
Agenda Bill #13,803 (Exhibit 2).
During a recent City Council workshop, staff was directed to prepare a Resolution of Intent to
study existing and future land use along the south shore of the Agua Hedionda Lagoon.
Subsequent to that workshop, the Planning Department received a request from AHLF proposing
that the City undertake a comprehensive update of the Local Coastal Plan for the entire lagoon
area.
After Council discussion of the Agua Hedionda Lagoon Study during the September 10, 1996
meeting, the planning staff was directed to return to the Council with more information relating to
the preparation of a detailed report which would include all facets of the lagoon.
In discussion with the Planning staff on September 11, 1996, it was suggested that if the City
Council desires to undertake a more comprehensive review of the entire lagoon area, rather than
a study restricted to the south shore, then the recreational issues addressed in the AHLF
proposal might best be addressed as part of that process.
At this time staff would recommend returning to the Commission at a future date as more
information and clarity as to the scope of the proposed Agua Hedionda Lagoon Study becomes
available. A representative of the AHLF will be present to address the Commission regarding
their proposal.
FISCAL IMPACT:
None at this time.
EXHIBITS:
" Letter from AHLF - September 6, 1996
L. City Council Agenda Bill #13,803 - Agua Hedionda Lagoon Study
72
EXHIBIT 1
AGIM HED/O.VDA
LAGOON FOUNDATION
Septembers, 1996
Mr. Seth Schulberg, Chairman
Parks and Recreation Commission
Community Services
1200 Carlsbad Village Drive
Carlsbad, California 92008
Dear Mr. Schulberg:
The Directors of the Agua Hedionda Lagoon Foundation (AHLF) appreciate the hard work and
deliberations the Parks and Recreation Commission goes through in performing their appointed
task. With that in mind, we respectfully submit the following request for your consideration.
The AHLF asks that your Commission take action to initiate a full and thorough analysis of the
Agua Hedionda Lagoon's potential to provide recreation activities for the citizens of Carlsbad.
Natural water bodies are relatively rare in Southern California, due to this, they are an attraction
in and of themselves. As one of the few tideland lagoons that can be used for recreation, Agua (
Hedionda should provide a unique and valuable recreational experience for Carlsbad citizens and
the guests that come to our City.
The City of Carlsbad has had the lease on the lagoon's waters for recreation purposes for many
years. The City's Parks and Recreation Element to the General Plan defines objectives for the use
and management of the lagoon in providing recreation activities to its citizens. One of these
objectives is that these activities be self-sustaining in covering the cost of management (patrolling).
As you know, over the past year or so a crises came about when consideration was given to
shutting down the City's management role on the lagoon. This action was narrowly averted with
the decision to raise the fees required for putting a private craft on the water. It is our
understanding that the fee increase has made an improvement in maintaining a self-sustaining
recreation management program, but that the use of the lagoon's waters has declined.
This problem of maintaining a self-sustaining management program on a unique and useable
tideland lagoon is puzzling to the foundation. We believe that it is appropriate at this point in the
City's growth for a thorough study/analysis of the current program of recreational uses, lagoon
access and management practices be made to see if the current program for recreation is correctly
A California NoaproSt Corporation Since March
P.O. Box 40Q4 Carlsbad, CA 92018
73
Mr. Seth Schulberg
September 6, 1996
Page 2
suited to the lagoon's physical characteristics, weather conditions and the evolving recreational
needs and desires of the Carlsbad citizens. We believe that a thorough analysis, of the existing
lagoon and the lagoon after the imminent full dredging, should be initiated now so the conclusions
from the analysis are in the hands of your commission as it is asked to make further decisions
regarding recreation in the near future.
The AHLF feels this analysis should include the following subjects:
1. Review of the current recreation uses now allowed on the lagoon.
2. The potential for other or alternative uses not currently allowed.
3. The physical characteristics of the three areas of the lagoon in their current condition and
as they will be when dredged.
4. The climatic conditions that may effect the types of recreation uses the lagoon can provide.
5. A survey of the citizens' recreation needs and desires in Carlsbad and of tourist that stay
in town.
6. The ecology of both the marine ecosystem and surrounding terrestrial environment.
7. The relationship of existing and potential recreation activities to the lagoon's other
functions.
8. A financial analysis of forms of recreation, private versus public operation; revenue
generation vs. public fees to cover operation cost.
We expect that the results of this analysis will uncover untapped potential and provide information
that will produce adjustments or alter the programming of recreation on and around the lagoon in
the future. If we are correct, the role Agua Hedionda plays in the system of venues for recreation
with in the City may be upgraded.
Currently, the City includes Agua Hedionda in the tabulation of parklands, but classifies it the
same as Batiquitos Lagoon. Certainly, both lagoons are great resources for varying types of
recreation (when both passive and active recreation is considered), but when each lagoon's full
recreation value is considered the two are quite different.
The total parkland in the City's northwest quadrant is largely made up of many relatively small
areas and the open space of Hosp Grove. Its active recreation venues are made up of a few
important facilities (pool and tennis) and school yards, but the quadrant does not have a
74
Mr. Seth Schulberg
September 6, 1996
Page 3 (
community park size area for recreation. We feel that Agua Hedionda may be able to play a more
important role in providing a venue as a larger area that can provide a wide menu of recreation
activities.
Adjacent to Agua Hedionda Lagoon, is Macario Canyon which is planned to become Veterans
Park in the future. This park site has had numerous new influences put on it over the past few
years, most of which will reduce the useable area for active-type recreation enjoyable to a high
percentage of people. Because of these new influences, the master plan for Veterans Park is
outdated and in need of review. Our request, for an analysis of the lagoon's recreation value
could be done in conjunction with the Master Plan update for Veterans Park. The past Master
Plans for the park have always recognized the lagoon's edge and to a limited degree, its potential
for recreation. A full and thorough analysis of the lagoon's three basins may find reasons to tie
the lagoon and canyon together as a more comprehensive system of recreation activities.
Again, we appreciate your consideration of our foundation's request for action. Over the past
years, the Parks and Recreation Commission has done a fine job in helping to guide the City's
efforts in providing a high quality system of parks and recreation programs that add greatly to the
quality of life in Carlsbad.
We are confident that you will agree with our position that this lagoon is a unique resource for ,
recreation. A community amenity that deserves further considerations and analysis to determine (
more clearly how it can benefit a greater portion of all who live or visit Carlsbad.
The AHLF Board Members will be- glade to discuss our position with your Commissioners at your
convenience.
~- Sincerely,
AGUA HEDIONDA LAGOON FOUNDATION
Robert E. Wilkinson
Board Vice President
REW:vs
cc: Mrs. Ramona Finnila, City of Carlsbad, Council Member
Mrs. Julie Nygaard, City of Carlsbad, Council Member
Mr. Dave Bradstreet, Community Service Director
Agua Hedionda Lagoon Foundation, Board of Directors ,
75
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CITY OF CARLSBAD - AGENDA BILL
-5^.,-
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AB# /5y995
MTG. 1/1^/97
DEPT. PLN V
TITLE:
AGUA HEDIONDA LAGOON
RESOLUTION OF INTENTION
RECOMMENDED ACTION:
As previbusly directed by Council
of Intention TROD No. 9 7 - / 9
DEPT. HD. W\|\
CITYATTY. 7>^^-
CITYMGR JSciX>
, Staff is recommending that the City Counci
authorizing Staff to studv the land
ADOPT Resolution
uses permitted by the
City's General Plan, Coastal Plan and Zoning Map along the south shore of Agua Hedionda Lagoon
and consider allowing only open space uses.
ITEM EXPLANATION:
The purpose of this agenda bill is to provide an ROI to initiate the re-designation of areas of the south
shore of Agua Hedionda Lagoon to Open Space on the City's General Plan. Local Coastal Program
and Zoning Maps. Re-designation of these areas is proposed in response to Council's previous
direction; and to create consistency between the three land use designations (General Plan, zoning and
Local Coastal Program).
This issue is being addressed because there are inconsistencies with the land use designations
covering the south shore of the Agua Hedionda Lagoon area. As shown on Exhibits "A"-
"C",(attached to the ROI) the area's General Plan and Local Coastal Program designations of T-R
(Travel-Recreation Commercial) and OS (Open Space) are consistent with each other. However, they
differ from the primary zoning designation of P-U (Public Utility) which spans most of the south
shore area.
State law and General Plan Guidelines require that a coastal city's General Plan, zoning map and
local coastal program land use plan be consistent with each other. Specifically, the General Plan/LCP
designation of Open Space and the two areas of Travel-Recreation Commercial are inconsistent with
the P-U zoning designation.
The ROI proposes to change the General Plan and LCP designations of T-R to Open Space for the
large 45 acre parcel of T-R designated land located south of the lagoon and immediately east of the I-
5 freeway; and it proposes to change the smaller parcel of General Plan/LCP designated T-R property
located in the eastern portion of the study area to Open Space as well. Both of these parcels are
shown on Exhibits "B" and "C". Concurrently, the ROI will initiate the zoning designation change
from P-U as shown on the zoning map exhibit (Exhibit "A" - attached) to Open Space.
On September 10, 1996, the City Council considered an Agenda Bill regarding the potential scope of
a study for the Agua Hedionda Lagoon (AHL) area. The Council had several questions and continued
the matter for an additional report from staff responding to the questions. Previous direction had been
given to staff to do a focused study to resolve the inconsistency issue by bringing the designations
into conformance by allowing only open space uses for the south shore area. This would involve
appropriate changes to the General Plan, zoning map and LCP land use plan to only allow open space
land uses via open space land use designations.
76 EXHIBIT 2
PAGE 2 OF AGENDA BILL NO. A3; °l
With regards to the existing P-U zone over the south shore area on the zoning map, the P-U zone
requires a valid Precise Development Plan (PDP) to allow the on-going operations of a public utility —
A PDP for the area does not currently exist and therefore creates a non-conforming situation.
Redesignating this area for open space purposes would eliminate this non-conforming situation.
In addition, since the September 10th Council meeting, the Agua Hedionda Lagoon Foundation
sponsored a workshop on October 31, 1996, utilizing grant money they secured from the Coastal
Conservancy. City staff attended the workshop in an observational role along with other major
"stakeholders" in AHL activities. The position of the AHL Foundation is that citizens and
community groups would like to see a long term plan which would maintain multi-dimensional
recreational opportunities in AHL without adversely impacting biological or physical aspects of AHL,
or its function as a cooling source for the power plant.
A formal request of the Parks and Recreation Commission was made by the AHL Foundation at the
September 16, 1996 Commission meeting to comprehensively study various aspects of the Lagoon.
The idea of a recreational management plan for the long term maintenance of multi-dimensional
recreational activities on AHL has surfaced as something that the Foundation/community would like
to see the City address.
In conclusion, staff has attached a report to this agenda bill which provides some background
information and a regulatory overview of AHL in response to general questions and issues
surrounding the south shore of AHL as raised at the September 10, 1996 City Council meeting.
ENVIRONMENTAL REVIEW: -
The proposed Zone Change, General Plan Amendment and Local Coastal Program Amendment
process would be subject to standard environmental review procedures consistent with the California
Environmental Quality Act (CEQA).
FISCAL IMPACT:
Aside from typical administrative costs associated with processing the amendments, no direct fiscal
impacts are anticipated.
EXHIBITS:
1 . City Council Resolution of Intention 99-/Q (Exhibits "A"-"C" attached)
2. Agua Hedionda Lagoon Report, dated November 22, 1996.
EXHIBIT I
1 CITY COUNCIL RESOLUTION OF INTENTION NO. 97-17
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DECLARING THE INTENTION
3 TO STUDY THE LAND USES PERMITTED BY THE CITY'S
4 GENERAL PLAN, LOCAL COASTAL PROGRAM LAND USE
PLAN AND ZONING MAP ALONG THE SOUTH SHORE OF
5 AGUA HEDIONDA LAGOON
6
WHEREAS, the City of Carlsbad General Plan, Agua Hedionda Local Coastal
7
Program Land Use Plan and the City's Zoning Map currently designates most of the south shore8
Q of Agua Hedionda Lagoon for open space uses; and
10 WHEREAS, there are two areas as shown on the South Shore Land Use
11 Designations Zoning Map attached as Exhibit "A", which are designated for non-open space
12 uses; and
*3 WHEREAS, the Agua Hedionda Land Use Plan was originally prepared by the
14 City in 1977 and approved by the Coastal Commission in 1982; and
15 WHEREAS, the South Shore of Agua Hedionda Lagoon has existing land use
16
designation inconsistencies between Zoning, General Plan and Local Coastal Program
17
designations as shown on attached Exhibits "A-C", respectively; and
18
WHEREAS, the City Council wishes to study the appropriateness of non-open
20 space uses on the south shore of Agua Hedionda Lagoon and wishes to consider if the entire
21 south shore should be designated for open space on the Zoning Map, General Plan and Local
22 Coastal Program Land Use Plan.
23 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California as follows:
25 1. That the above recitations are true and correct.
26
2. That it is the intention of the City Council to consider amending the General Plan,
27 the Local Coastal Program and the Zoning Map to designate the entire area on the
south shore of Agua Hedionda Lagoon to open space.
77
1 3. That the City Council directs the Planning Director to conduct the necessary^
studies, notices, and reports and bring this matter without undue delay before tl
2 Planning Commission for public hearing and recommendation to the City
Council.
4 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
5 Council of the City of Carlsbad on the day of 1997,
6
by the following vote, to wit:
7
AYES:8
9 NOES:
10 ABSENT:
11 ABSTAINED:
12
13
19
20
21
22
23
24
25
26
27
28
} CLAUDE A. LEWIS, Mayor
15 ATTEST:
16 "
17 „
ALETHA L. RAUTENKRANZ, City Clerk
18
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EXHIBIT 2
AGUA HEDIONDA LAGOON REPORT
INTRODUCTION 1
I. OVERVIEW OF AGUA HEDIONDA LAGOON (AHL) 1
A. LAGOON ACTIVITIES 1
B. ENVIRONMENTAL CONSTRAINTS 1
C. REGULATORY AGENCIES AND RELATED DUTIES 2
II. LAND USE AND RECREATION CONTROLS ON AHL 3
A. LAND USE 3
B. REGULATION OF BOATING/WATERCRAFT
AND RECREATION ON AHL 4
III. CITY COUNCIL ISSUES 5
A. MORATORIUM 5
B. WORKSHOP 5
IV. FUTURE OPTIONS 6
V. WORKLOAD ASSESSMENT 6
ATTACHMENTS
#1 Excerpts from the Agua Hedionda Lagoon LCP Land Use Plan
#2 Chapter 11.24 of the Carlsbad Municipal Code
EXHIBITS "A"-"C" : ZONING, GENERAL PLAN AND LCP DESIGNATIONS
11/22/96
INTRODUCTION
The purpose of this report is to provide an overview of the types of activities and regulations
which apply to the Agua Hedionda Lagoon (AHL) area. The report also addresses some recent
Council issues by including a discussion of existing and potential land use designations and
concluding with a recommended course of action to study designating the south shore of AHL
for open space designation on the City's General Plan, Zoning Map and Coastal Plan.
I.OVERVIEW OF AGUA HEDIONDA LAGOON
A.LAGOON ACTIVITIES
AHL is a multiple use wetland area. A broad spectrum of recreational and institutional activities
are associated with AHL, ranging from passive recreation uses on the perimeter of the Lagoon
(fishing, walking, etc.) to highly active uses on and in the Lagoon (water skiing behind
powerboats, jet skis, etc.) with the regional power utility of SDG&E, aquaculture, agriculture,
residential development and some limited commercial uses on the shore.
Below is an overview of AHL activities.
User Group
Hubbs SeaWorld
SeaFarms, Inc.
YMCA
Powered Vessel Users
(Commercial and private users)
Passive Vessel Users (Commercial, private and
institutional users)
Miscellaneous Passive Users
Type of Use
Fish Hatchery
Shellfish and abalone aquaculture farming
Day camp with passive water/Lagoon activities
Jet skis, water skis, wave runners, powerboats,
motorized craft
Kayaks, canoes, rowboats and
sailboards/windsurfers
Hiking, walking, jogging, fishing, clam digging
and bird watching
B.ENVIRONMENTAL CONSTRAINTS
AHL is a marine resource that is under the jurisdiction of various state and federal agencies with
mandates to protect the environmental resources. A variety of marine (eel grass) and sensitive
terrestrial plant (Salicornia) and bird (Least Tern) species are located in or near the Lagoon.
Steep slopes (25% inclination and patches of coastal sage) surround portions of AHL. Special
regulations apply to such lands.
The lagoon was restored in the 1950's by SDG&E to provide a cooling source for the Encina
Power Plant. Since a large portion of the daily tidal volume is used to cool the power generating
equipment, there is a diminished tidal power to maintain an open tidal inlet. Consequently,
80
SDG&E must conduct maintenance dredging to remove marine sediments that accumulate east
of the inlet. The eastern end of AHL contains floodplain and flood hazard areas and is mostly
undeveloped. The entire lagoon is within the Coastal Zone. Development in and around the
lagoon is additionally regulated by the AHL Local Coastal Program which requires a coastal
development permit issued by the California Coastal Commission. Additionally, the AHL area
contains several archeological sites.
C. REGULATORY AGENCIES AND RELATED DUTIES
Since AHL is a lagoon with navigable waters containing a variety of sensitive plant and animal
habitats in the coastal zone, a wide spectrum of agencies and entities either are, or potentially can
be, involved in some regulatory capacity. Unlike Batiquitos or Buena Vista Lagoons which are
owned by State level public resource agencies, AHL belongs to a public utility (San Diego Gas
& Electric). A preliminary list of agencies with jurisdiction in AHL (17 identified) follows
with duties ranging from land use control to wildlife protection and recreation management:
Agency Name
Calif. Dept. of Boating & Waterways/Calif.
Harbors and Navigation Code
Calif. Department of Motor Vehicles
Calif. Department of Fish and Game
U.S. Fish and Wildlife Service
U.S. Army Corps of Engineers
California Coastal Commission
San Diego Gas & Electric
Public Utilities Commission
City of Carlsbad - City Council
Duties
Designates AHL as a special use area; regulates
navigational rules
Issues boat/vessel registrations
Protects/regulates State listed plants and
animals
Acts in conjunction with permits issued by the
Corps of Engineers; serves as biological
regulatory component of COE activities and
permits; protects and regulates federally listed
animals and their respective habitats
Issues permits for any dredging, removal, fill or
similar activities (typically 404 permits); works
in coordination with Fish and Wildlife Service
Implements AHL Local Coastal Program
segment via issuance of Coastal Development
Permits and review of LCP amendments
Exempt from City issued Lagoon Use Permits;
Provides written authorization for: (1) power or
passive vessels in outer lagoon (2) powered
vessels in middle lagoon (3) swimming in the
middle or outer lagoon areas. SDG&E owns &
has the responsibility to maintain the Lagoon.
Federal agency that oversees SDG&E
Issues Special Use Permits for flood hazard
areas; authorizes boat races, ski meets, boat
parades and other aquatic special events
City of Carlsbad - Community Services Dept.
City of Carlsbad - Police Department
Snug Harbor Marina
U.S. Coast Guard
Regional Water Quality Control Board
Caltrans
San Diego Northern Railway
City of Carlsbad - Community Development
Issues annual and temporary Lagoon Use
Permits for lagoon users (except SDG&E);
performs enforcement of Chapter 1 1 .24 which
outlines the mandated City regulation of AHL
Issues special operations/special event permits
(to exceed speed limit)
Issues daily Lagoon Use Permits
Has ability to enforce all State and federal
boating regulations; can perform search and
rescue on this navigable body of water
Regulates water quality
Maintains/operates freeway right of way
Maintains/operates railroad right of way/trestle
Processes certain permits and makes
recommendations to City Council.
II.LAND USE AND RECREATION CONTROLS ON AHL
A.LAND USE
The primary local land use regulations which govern AHL are the General Plan, the Zoning
Ordinance and the Local Coastal Program. Agua Hedionda Lagoon is surrounded by multiple
General Plan, Zoning, and Local Coastal Program (LCP) land use designations. Since the focus
of the Council has been on south shore land uses, discussion in this section of the report is
limited to that area.
General Plan
The General Plan designates the majority of the south shore of the lagoon as Open Space (OS) as
shown on the attached exhibits. A 45 acre portion of the area to the east of the 1-5 freeway is
designated by the General Plan as Travel/Recreation Commercial (T/R Commercial) in addition
to a smaller parcel near the eastern perimeter of the Lagoon also designated T/R Commercial.
Any proposals for land development must comply with the goals, objectives and policies of the
General Plan.
T/R Commercial uses include motels, hotels and restaurants designed to accommodate the travel
and recreational needs of tourists, residents and employees of industrial/business centers.
Open Space designations include the preservation of natural resource areas, provision of trail
systems and habitat preserve areas.
81
EXHIBIT A
LCP PLANNING AREAS
Hill! AGUA HHDIONDA
***~**9"pin
j MEL1O BILL
. SAN DIEGUITO
CARLSBAD LCP
HEDIONDA LCP
-4-
the Municipal Code (Administration and Personnel) designates the Parks and Recreation
Commission (Chapter 2.36) as the body to review and make recommendations on matters
relating to park and recreational facilities on or in public grounds throughout the City (therefore
including AHL). Chapter 11.24 requires a City issued Lagoon Use Permit for all recreational
vessels using AHL and enforcement is specifically assigned to the Community Services Director
(11.24.137).
The above described regulations are from the Carlsbad Municipal Code and restrict use and
access of AHL; they are not related to the development regulations and provisions imposed on
adjacent AHL properties by existing land use designations noted in IIA above (Local Coastal
Program, General Plan and zoning designations).
III. CITY COUNCIL ISSUES
A. MORATORIUM
The council requested that staff investigate and report on the potential for a development
moratorium while this area is under study. State law allows for the adoption of an interim
ordinance by "the legislative body, to protect public safety, health and welfare prohibiting
any uses which may be in conflict with a contemplated general plan, specific plan, or zoning
proposal" which the city may be studying (Section 65858 Planning, Zoning and Development
Law).
However, as noted in Section II A. of this report, three layers of land use control already exist
over Agua Hedionda Lagoon. Each one of these layers require the approval of the City Council
for development projects or changes to plans or existing designations. It is staffs .conclusion,
therefore, that adequate land use controls already exist for this location and that a moratorium is
not necessary.
B. WORKSHOP
In prior discussions the Council had also asked whether a City sponsored workshop regarding
this matter should be held. Meanwhile, a grant was secured by the Agua Hedionda Lagoon
Foundation from the Coastal Conservancy for the purpose of financing a workshop to form a
Framework Plan for the Foundation to guide their advocacy efforts and to be the basis for their
recommendations to various public and private entities involved with AHL. This workshop was
held by the Agua Hedionda Lagoon Foundation on October 31, 1996. Participants included land
owners, city representatives, SDGE, residents, business owners, and resource agencies. City
staff attended in a limited observational role.
At the conclusion of the workshop it was apparent that the major land owners and stakeholders of
the area were generally satisfied with the AHL Local Coastal Program for their purposes and a
consensus to revise the entire LCP was not evident. What did surface was a community
value/desire for a long term vision for AHL which would be implemented in concert with all
responsible entities that would allow for multi-dimensional recreational opportunities without
5 82
Basic Goals;
' Protect, maintain, and where feasible, enhance and re-
store the overall quality of the coastal zone environment
and its natural and man-made resources.
* Assure orderly, balanced utilization and conservation
of coastal zone resources taking into account the
social and economic needs of the people of the state.
* Maximize public access to and along the coast and public
recreational opportunites in the coastal zone consistent
with sound resource conservation principles and constitu--
tionally protected rights of private property owners.
* Assure priority for coastal-dependent and coastal rela-
ted development over other development on the coast.
* Encourage state and local initiatives and cooperation in
preparing procedures to implement coorinated planning and
development of mutually benefical uses, including educa-
tional uses, in the coastal zone.
Priorities;
The Coastal Act articulates land use priorities for the coastal
zone. Highest priority is placed on the preservation and protec-
tion of natural resources, including environmentally sensitive
habitat areas, wetlands and agricultural lands. The following
lists Land Use/Development priorities defined by the Coastal Act:
" Preservation of natural resources and environmentally sen-
sitive areas;
* Coastal dependent development ( i.e. development requir-
ing a site adjacent to the ocean to function);
" Public recreational uses;
* Vistor-serving commercial recreation;
* Private residential, industrial and commercial develop-
ment.
3. Carlsbad General Plan; Goals and Policies
The Carlsbad General Plan provides the broad guidelines and
goals which shape and direct the future growth of the city.
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I. INTRODUCTION
This document represents a revised version of the Agua Hedionda
Specific Plan, originally submitted to the California Coastal
Commission in October, 1977. This plan proposes land uses and
environmental control measures for an 1,100 acre segment of the
Carlsbad Coastal Zone, including the 230 acre Agua Hedionda La-
goon and adjacent marsh, upland habitats and wetland areas.
1. Plan History
The Agua Hedionda Land Use Plan was originally developed as
a pilot local coastal plan under a $16,000 grant from the
California State Coastal Commission. The Plan was
formulated as a joint effort between property owners, the
city of Carlsbad and the Coastal Commission. Following
numerous public hearings and workshops, the plan was
submitted by the city to the Coastal Commission in October
1977. Several public hearings regarding the Plan were
conducted by the Regional and State Coastal Commissions, and
the Plan was returned to the city with 32 conditions of
approval (32 issue areas requiring modification to meet the
requirements of the Coastal Act.)
In response to the State Coastal Commissions actions regard-
ing the Plan, the Carlsbad City Council suggested setting up
a Negotiating Committee to resolve unsettled issues. The
Negotiating Committee, including city and Coastal Commission
staff members and elected representatives, began meeting on
July 6, 1979. The final meeting of the Negotiating Commit-
tee occurred in November, 1980, and resulted in a revised
version of 24 conditions of approval resolving the majority
of unsettled issues.
This Plan represents a synthesis of the original Plan, in-
corporating the negotiated conditions of approval, and uti-
lizing the format of the city - modified Carlsbad Local
Coastal Plan, prepared by the firm of PRC Toups. Attachment
1 provides a complete chronology of the development and past
procedural aspects of the plan.
83
ATTACHMENT 1
2. Scope
Each of the 15 counties and 53 municipal jurisdictions along
the California coast are required to prepare a Local Coastal
Program (LCP). The LCP consists of a local governments Land Use
Plansf Zoning Ordinance and Zoning which meet the requirements,
and implement the provisions arid policies of the California
Coastal Act. The LCP consists of two principal components: (1)
the Land Use Plan and (2) Implementing Ordinances. This portion
of the Agua Hedionda LCP is meant to fulfill the requirements
for a Land Use Plan. Implementation will be considered at a
later date, subsequent to city and Coastal Commission review and
approval of the Land Use Plan.
The Carlsbad Coastal Zone, as a result of legislative action,
has been segmented into four distinct planning areas. (See
Exhibit "A") These are as follows:
* Agua Hedionda LCP Segment - 1,100 acres;
" Mello Bill Local Coastal Plan Area - 1,000 acres;
* San Dieguito LCP (County of San Diego) - 1,191 acres;
" City of Carlsbad Local Coastal Plan - 5,387 acres;
This plan addresses only those issues pertaining to the 1,100
acre Agua Hedionda Local Coastal Plan area.
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II. BACKGROUND
This section of the plan addresses the major components and docu-
ments upon which development of the plan is based. The plan re-
presents a synthesis of the requirements of the California
Coastal Act, relevant policies of the Carlsbad General Plan and
the environmental concerns and mitigation measures contained in
the Agua Hedionda Environmental Impact Report.
1. Environmental-Setting
Agua Hedionda Lagoon is one of three coastal lagoons within
the Carlsbad General Plan Area. The lagoon is centrally
located in the Carlsbad Coastal Zone/ and comprises
approximately 230 acres of water surface, and additional
upland marsh and wetland areas. The lagoon extends 1.7
miles inland from the coast, and is approximately .5 miles
across, at its widest point. The lagoon consists of three
distinct areas, as follows:
(1) Outer Lagoon, comprising 66 acres of water, used as a
cooling water source for the SDG&E power plant
facility;
(2) Middle Lagoon, containing 27 acres of water surface,
used principally for passive recreation uses;
(3) Inner Lagoon, totals approximately 140 acres of water
surface, used for active recreation activities.
Additional wetland areas, containing environmentally
sensitive habitats, are located at the extreme eastern
end of the lagoon.
The separation of the lagoon into three areas is the result
of the development of transportation corridors crossing the
lagoon body. These include the construction of the
railroad in the late 1800's, the bridging of the lagoon
mouth by Pacific Coast Highway in 1910, and the
construction of the 1-5 freeway corridor in 1967.
Originally, the lagoon was an increasingly restricted salt
water marsh, the result of accumulated sedimentation, and
the absence of tidal flushing. Between 1952 and 1954, the
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84
Zoning
The majority of the south shore of the lagoon is designated as a Public Utility (P-U) zone. This
zoning designation is inconsistent with the two associated General Plan designations covering
the south shore of AHL (T/R Commercial and OS). This zone allows only public utility and
related uses, government maintenance and service facilities, agriculture/horticulture, recreational
facilities and certain incidental uses.
No building permits or other entitlements can be issued for land in this zone unless a Precise
Development Plan (PDF) for the property has been approved by the Council. As of this date
(12/96) a PDF does not exist and therefore, a non-conforming situation exists given the
requirement of the P-U zone to have a valid PDF in place to allow public utility operations.
Floodplain Areas
Areas at the eastern end of AHL are within a floodplain, and are regulated by the City's
Floodplain Overlay Zone which applies special standards and requires permits for development.
Local Coastal Program
As shown on the attached exhibits, the General Plan and LCP designations are consistent with
each and implement the same range of allowable uses for Travel-Recreation Commercial and
Open Space.
The area surrounding Agua Hedionda Lagoon and the lagoon itself is within the Agua Hedionda
Lagoon Segment of the Local Coastal Program. This segment has not been effectively certified
by the California Coastal Commission therefore all coastal development permits (CDPs) within
this area must be reviewed and approved by the Coastal Commission. In October 1996 the
authorization to issue CDPs within most of the City's Coastal Zone was granted by the Coastal
Commission except for certain areas of deferred certification. The area included in the AHL
LCP segment is the largest and primary area of deferred certification.
Any General Plan and Zoning changes must also be reviewed and approved by the Coastal
Commission via Local Coastal Program amendments.
Certain excerpts from the Agua Hedionda Land Use Plan are attached as Attachment #1.
Specifically, the Plan Introduction, Background and Chronology of Events chapters are attached.
B. REGULATION OF BOATING/WATERCRAFT AND RECREATION ON AHL
The basis for City regulation of Agua Hedionda Lagoon lies in Title 11 (Public Property) of
Carlsbad Municipal Code. Chapter 11.24 - Agua Hedionda Lagoon (Attachment #2) implements
Ordinance NS-292 (September 1994) which regulates various aspects and activities related to the
Lagoon to allow for ".. .safe conduct among the users of the Agua Hedionda Lagoon." Title 2 of
the Municipal Code (Administration and Personnel) designates the Parks and Recreation
San Diego Gas and Electric Company (SDG&E) removed approx-
imately 310,000 cubic yards of sediment from the laqoon,
restoring the lagoon to an average 10 foot depth, and
opening the lagoon mouth to permanent tidal flushing. As
noted in a report by the State Department of Fish and Game,
the resultant deepening and tidal flushing created a new
deep-water environment, supporting a wide variety of marine
and terrestrial environments. The report goes on to
state "This environment, or ecosystem, contains a highly
diverse flora and fauna that, in addition to making a more
interesting and attractive lagoon and wetland, provides a
wider range of recreational and educational use." 1
2. The California Coastal Act
The California Coastal Act, originally passed as the
California Coastal Zone and Conservation Act on November 7,
1972,and subsequently renewed as the California Coastal
Act of 1976 provides the basic policy framework upon which
the Agua Hedionda Plan is based. The Coastal Act requires
coastal counties and municipal jurisdictions to prepare
Land Use and implementation programs for all lands within
the California Coastal zone.
The major policies, goals and priorities articulated in the
Coastal Act of 1976 are as follows:
Basic Policies:
* That the California coastal zone is a distinct and
valuable resource of vital and enduring interest to all
the people and exists as a delicately balanced
ecosystem;
" That the permanent protection of the state's natural and
scenic resources is a paramount concern to present and
future residents of the state and nation;
" That to promote the public safety, health, and welfare
and to protect public and private property, wildlife,
marine fisheries, other ocean resources and the natural
environment, it is necessary to protect the ecological
balance of the coastal zone and prevent its
deterioration and destruction;
* That existing developed uses, and future developments
that are carefully planned and developed consistent with
the policies of this division, are essential to the
economic and social well-being of the people of this
state and especially to work persons employed within the
coastal zone.
1 Bradshaw, Jack. The Natural Resources of Agua Hedionda
Lagoon. U.S. Fish and Wildlife Service, San Diego, California,
June, 1976. P.1.
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impacting the lagoons' biological or physical qualities; or hinder the function of the lagoon as a
cooling source for the SDG&E power plant.
One of staffs primary recommendations (as outlined in V. below) is to develop a recreational
management plan under the guidance of the City's Parks and Recreation Commission. That
effort may or may not involve a workshop component; such a recreation plan would be separate
from the proposed open space study associated with this report which would be conducted by
Planning staff. An open space study (also outlined in V. below), involving only the south shore
would be fairly straightforward and would not warrant a City sponsored workshop.
IV. FUTURE OPTIONS
At this time staff recommends that (1) a revision to the LCP is not warranted and one
should not be initiated by the City, (2) a focused review of south shore land uses specifically
focused on only allowing open spaces uses on the south shore should be authorized by Council
and initiated by staff, and (3) a recreational use/management plan should be developed under
the guidance of the City's Parks and Recreation Commission as a separate work effort to
provide the community with a realistic vision to maintain the variety of AHL users, recreational
opportunities and natural features.
Commercial Uses
On a related item, the City's Draft Commercial study shows that the Agua Hedionda Lagoon area
is adequately served by both neighborhood commercial and community shopping sites. That
study, however, did not include analysis of visitor serving commercial uses. Currently, the north
shore of AHL does support a privately operated recreational marina (Snug Harbor) as well as
limited restaurant uses.
V . WORKLOAD ASSESSMENT
Study of the south shore area only as proposed in recommendation (2) above would take staff
approximately 6-7 months to bring the package before the Council and then another 3-4 months
to process the LCP amendment component of the package through the Coastal Commission.
If determined to be an appropriate course of action, a recreational users management plan
(recommendation (3) above) can be drafted, however, this work effort has not been adequately
scoped out in detail by all potentially involved staff and, therefore, there is no time estimate of
this work effort at this time.
The General Plan recognizes the unique environmental status
of the lagoon and its environs, designating the entire
shoreline, and a majority of the flood-plain area and the
south shore properties as "open space". The General Plan
further requires the development of a specific plan for the
lagoon area, and designates the entire Agua Hedionda Plan
area as a "special treatment area".
In order to provide consistency with other areas of the
city, and to allow for the eventual integration of the con-
tents of this Plan with the overall General Plan, the Speci-
fic Plan must address relevant aspects of the General Plan.
Major goals and policy groups of the Carlsbad General Plan rele-
vent to the formulation of this Plan are summerized as follows:
Land Use
* Preserve and enhance the environment, character and image
of the city as a desirable residential, beach and open
space-oriented community;
" Promote the economic viability of the agricultural and
horticultural industries;
* Generate the development of commercial enterprises that
support local industries, population and tourist trade;
* Encourage development only in those areas which can best
support a change in land use without adverse impact;
* Protect and conserve natural resources, fragile ecologi-
cal areas, unique natural assets and historically signi-
ficant features of the community;
" Provide for an orderly balance of both public and pri-
vate land uses within convenient and compatible loca-
tions throughout the city and ensure that all such uses
- (type, amount, design and arrangement) - serve to pro-
tect and enhance the environment, character and image of
the city.
Open Space/Conservation
* Landforms. To protect the unique variety of land forms
distinctive of the city's topography and to ensure that
the development process considers and strives to pre-
serve these landforms rather than to create an unnatur-
al, uniform landscape.
* Outdoor Recreation. To conserve, develop, and utilize
areas particularly suited for outdoor recreation by pre-
serving areas of unique scenic, historical and cultural
value and developing areas especially suited for active
park and recreational purposes.
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c Preservation of Natural Resources. To preserve natural
resources by: protecting fish, wildlife and vegetation
habitats; retaining the natural character .of waterways,
shoreline features, hillsides and scenic areas; safe-
guarding areas for scientific and educational research;
respecting the limitations of our air and water resources
to absorb pollution; encouraging legislation that will
assist in preserving these resources.
* Agricultural Lands. To regard agricultural land and
prime soil as a natural resource and as a significant
contrasting land use to the urbanized environment of the
city.
Geologic Hazards
* The Geologic and Seismic Safety Element goal is to min-
mize the loss of life, injury to health and destruction
of property in the city of Carlsbad by implementing ne-
cessary planning and development policy recommendations
that give consideration to potential geologic and seis-
mic occurrences and their long range impact on the com-
munity.
Circulation
* Coordinate the circulation plan with the development of
the scenic route program (covered exclusively in the
Scenic Highway Element) for the preservation and enhan-
cement of the scenic qualities of selected corridors.
* Improve operational efficiencies of streets by using mo-
dern design standards and the latest available techno-
logy. Include provisions for emergency and public ser-
vice vehicles.
* Construct each addition to the circulation system so
that it will provide a usable link in the total system.
0 Provide bikeways for school routes, commuter routes and
recreational uses. Also, make provisions for bikeways
in virtually all new major secondary and scenic road-
ways. Coordinate implementation of bikeways with Parks
and Recreation Element.
* Encourage and assist in the planning and development of
a regional mass transit system with other appropriate
agencies.
Housing
* Preservation. Preserve the neighborhood atmosphere, re-
tain the indentity of existing neighborhoods, maximize
open space and ensure slope preservation.
-8-
0 Choice. Ensure a variety of housing types, a choice of
all ecomonic ranges, wide range of housing types, apart-
ments, townhouses, etc., different styles and price le-
vels in a variety of locations.
* Housing Needs. Utilize programs to revitalize deterior-
ating areas or those with high potential for deteriora-
tion; seek to provide low and moderate income housing.
4. Environmental Impact Report
The Environmental Impact Report (EIR) on the Agua Hedionda
Local Coastal Plan was certified by the Carlsbad City
Council on December 21, 1976. All mitigation measures
recommended in the EIR were accepted by the Carlsbad City
Council, and have been incorporated into this Plan. The
Agua Hedionda EIR thoroughly documented and identified
potential environmental impacts, and recommended an
excellent mitigation program aimed at minimizing all
potential adverse impacts. In the process of review, the
EIR was well received and considered to be a thorough
analysis of the proposed Plan. In an academic critique of
the Plan, funded by the State Coastal Commission, an
analysis of the EIR states "The EIR adequately, if not
excellently, assesses the natural resource values... and
presents a reasonable analysis of impacts and mitigation
measures." 2 A report on Agua Hedionda Lagoon by the
State Department of Fish and Game concludes "The EIR
reflects the city of Carlsbad planning departments awareness
and concern for the areas natural resources", and further
states that "The Specific Plan also enumerates thoroughly
environmental impacts that cannot be avoided if the project
is implemented, and many sound mitigation measures for those
impacts identified." 3
2 Onuf, Christopher. Guidelines for the Protection of the
Natural Resources of Californias Wetlands." University of
California, Santa Barbara. May, 1979. P. 1-12.
3 Bradshaw, Jack. The Natural Resources of Agua Hedionda
Lagoon. U.S. Fish and Wildlife Service.San Diego, California,
June, 1976, P.8.
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1. CHRONOLOGY OF EVENTS RELATING TO AGUA HEDIONDA SPECIFIC PLAN
December 2, 1975. City Council hearing. Carlsbad City Council
endorses preparation of Agua Hedionda Specific Plan (AHSP).
January 1, 1976. Coastal Commission allocates $16,000 grant to
city for preparation of Agua Hedionda Specific Plan.
February 3, 1976. City Council hearing. City Council approves
agreement between city and Coastal Commission for preparation of
Agua Hedionda Specific Plan.
June 6, 1976. Draft Environmental Impact Report (EIR)
completed.
June 8, 1976. Draft EIR circulated for public review and
comment.
August 4, 1976. Draft EIR completed.
August 11 , 1976. Agua Hedionda Specific Plan completed.
Planning Commission public hearing; no action taken.
August 18, 1976. Special Planning Commission hearing on
Specific Plan and EIR. No action taken.
August 25, 1976. Planning Commission hearing; public comment
received on Agua Hedionda Specific Plan and EIR. No action
taken; item continued.
September 8, 1976. Planning Commission public hearing. No
action;item continued.
September 20, 1976. Planning Commission public hearing. No
action; item continued.
October 13, 1976. Planning Commission public hearing.
Recommended certification of EIR and approval in concept of
Specific Plan.
October 26, 1976. City Council hearing. Discussion and public
input regarding Agua Hedionda Specific Plan and EIR. No action
taken; item continued.
November 6, 1976. City Council hearing. Discussion of Agua
Hedionda Specific Plan. No action taken; item continued.
November 13, 1976. City Council hearing. Discussion of Agua
Hedionda Specific Plan. No action taken; item continued.
November 23,1976. City Council hearing. Staff directed to
prepare final draft of Agua Hedionda Specific Plan. No action
taken.
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December 7, 1976. City Co.uncil hearing. Staff directed to
provide additional information. No action taken.
December 21, 1976. City Council hearing. City Council
certified Agua Hedionda EIR, approved Agua Hedionda Specific
Plan in concept, and directed staff to forward Council
recommendation to Coastal Commission.
May 20, 1977. Agua Hedionda Specific Plan submitted to Coastal
Commission.
October 6, 1977. Regional Coastal Commission accepts Agua
Hedionda Specific Plan for processing.
October 28, 1977. Regional Commission hearing. Commission
staff identifies major issues. Commission staff directed to
contact State Lands Commission regarding public trust issue. No
action taken.
November 11 , 1977. Regional Commission hearing. Final
Commission staff recommendations presented. No action taken.
December 16, 1977. Regional Commission hearing. Commission
staff recommends adoption of Agua Hedionda Specific Plan with 23
conditions of approval. No action taken.
December 23, 1977. Regional Commission hearing. Commission
approves Agua Hedionda Specific Plan with 23 conditions of
approval (including modifications to Commission staff
recommendation).
January 6, 1978. Regional Commission approval of Agua Hedionda
Specific Plan with conditions forwarded to State Commission.
February 8, 1978. City Council hearing. Staff directed to
transmit letter to State Commission appealing several of the
conditions imposed by the Regional Commission.
February 14,1978. State Commission hearing. Substantial issues
(issues which may conflict with the Coastal Act) identified. No
action taken.
March 14, 1978. State Commission hearing. No action taken.
April 18, 1978. State Commission hearing. Commission staff
recommends approval of Agua Hedionda Specific Plan, with
conditions. No action taken.
May 15r 1978. State Commission hearing. Commission certifies
Agua Hedionda Specific Plan with 31 conditions of approval.
June 12, 1978. State Commission action on Agua Hedionda
Specific Plan transmitted to city.
February 27, 1979. City Council hearing. Council reviews Agua
wedionaa bpecitic Plan conditions of approval.
March 3, 1979. City Council hearing. Council establishes
position on Agua Hedionda Specific Plan conditions of approval.
March 8, 1979. City Council's position on Agua Hedionda
Specific Plan conditions, and proposal to establish a
negotiating committee forwarded to State Commission.
June 5, 1979. City Council hearing. Council selects two
members, Mayor Packard and Councilwoman Casler, to represent
city on Agua Hedionda Negotiating Committee.
July 6, 1979. Negotiating Committee, including City and Coastal
Commission staff are representatives, meets in Carlsbad.
August 15, ]979« Members of City and State Commission staff
meet in Carlsbad. Commission staff to redraft conditions of
approval pursuant to City/Commission discussion.
November, 1979. Revised conditions of approval sent to State
Commission for review. State Commission staff informs Regional
Commission staff that redraft is unacceptable.
March 26, 1980. Members of City and Regional Commission staffs
meetin Carlsbad. Tentative agreement made on majority of Agua
Hedionda Specific Plan conditions of approval.
April 9,1980. Revised conditions of approval transmitted to
city from Regional Commission staff.
June 30, 1980. Members of City, State and Regional Commission
staffs meet in Carlsbad. Commission sends new staff
representatives, and articulates new position on conditions of
approval. Conditions of April 9, 1980, reviewed, and issues
requiring further negotiation were identified.
July 22, 1980. Members of City, State and Regional Commission
staff meet in San Diego. Agua Hedionda Specific Plan
conditions, redrafted by State Commission staff, were reviewed.
November 20, 1980. Members of City, State and Regional
Commission staffs, and Negotiating Committee representatives
meet in San Diego. State Commission staff to redraft conditions
per negotiating committee discussion, and transmit to city.
December 18, 1980. City receives State Commission staff redraft
of Agua Hedionda Specific Plan conditions of approval.
September , 1981. City staff begins redraft of Agua Hedionda
Specific Plan,Incorporating City Negotiating Committee position
on conditions of approval.
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11.24.005
Chapter 11.24
AGUA HEDIONDA
LAGOON*
Sections:
11.24.005 Application.
1134.010 Definitions.
11.24.015 Special use area—Agua
Hedionda Lagoon.
1134.020 Lagoon use permits.
11.24.030 Maximum vessel speed limit
11.24.035 Operation of vessels at night
11.24.040 Middle lagoon.
1134.045 Outer lagoon.
1134.050 Inner lagoon.
1134.055 Fishing.
1134.060 Public access.
1134.065 Private launch ramp.
1134.075 Maximum number of vessels on
the water.
1134.080 Maximum vessel length.
1134.085 Prohibited uses.
1134.095 Areas for swimming or wading.
1134.100 Throwing waste or refuse in
water or on public access or
shoreline.
1134.105 Aquatic special events.
1134.110 Water-skiing slalom course.
1134.115 Ski boats and skiers.
1134.120 Establishment of vessel transit
corridors.
1134.125 City's liability—Use of areas at
own risk.
1134.130 Compliance with orders.
1134.135 Boating regulations.
1134.137 Enforcement by community
services director.
1134.140 Constitutionality or invalidity.
• Pnor ordinance history: Ords. 1296.3033.3083.3091,3093.3118.
3127, 3142. 3153. 3154. 3161, 3213. 3222 and NS-286.
1134.005 Application.
The provisions of Sections 11.24.010 through
11.24.140 apply to Agua Hedionda Lagoon. (Ord.
NS-292 § 1 (part), 1994)
1134.010 Definitions.
For the purposes of this chapter the definitions
outlined in the State Harbors and Navigation Code.
Vehicle Code and California Administrative Code
shall apply. (Ord. NS-292 § 1 (part), 1994)
1134.015 Special use area—Agua Hedionda
Lagoon.
The entire Agua Hedionda Lagoon, consisting of
three sections known as outer lagoon, inner lagoon
and middle lagoon, are declared to be a special use
area and under the provisions of the California Har-
bors and Navigation Code Section 660. Use of the
lagoon is subject to the provisions of this chapter
and any regulations adopted by the city council.
(Ord. NS-292 § 1 (pan), 1994)
1134.020 Lagoon use permits.
It is unlawful to operate any type of vessel on the
water without first obtaining an annual or temporary
lagoon use permit issued by the city's community
services department or a daily lagoon use permit
issued by Snug Harbor Marina office. The vessel
operator shall display the city's annual permit decal
in the specified location at all times or possess and
show upon request a valid temporary lagoon use
permit The following requirements shall be met to
obtain a lagoon use permit:
(1) Permit application and hold harmless indem-
nity agreement shall be filled out and signed by a
responsible adult;
(2) The current permit fee as established by the
city council by resolution must be paid;
(3) The fee is nonrefundable and nontransferable;
(4) Annual permit fee is based on the calendar
year. January 1st through December 31st and shall
be half-priced when purchased anytime between
October 15th and December 31st;
(5) Annual permit fee for boardsails and other
passive vessels eight feet or less, shall be one-half
the established annual fee. An additional boardsail
permit decal may be purchased for an owner's per-
sonal use at an annual fee as established by the city
council by resolution;
337 (Cvbtad 2-95)
89 ATTACHMENT 2
11.24.020
(6) One daily permit fee may be credited toward
the full purchase of an annual permit, by submitting
the daily fee receipt with an annual permit applica-
tion, any time prior to October 15th;
(7) Replacement decal fee shall be set by the city
council by resolution;
(8) Repealed by Ord. NS-17;
(9) Those vessels that are required by Department
of Motor Vehicles to obtain vessel registration shall
provide a copy of valid vessel registration;
(10) Lagoon use permits are not required for
dredging, research, patrolling or maintenance by San
Diego Gas and Electric Company and their
designees. (Ord. NS-292 § 1 (part), 1994)
11.24.030 Maximum vessel speed limit
It is unlawful to operate a vessel at speeds in
excess of forty-five miles per hour except pursuant
to a special operations permit issued by the chief of
police upon authorization of the city council subject
to such terms and conditions as the city council
deems necessary. (Ord. NS-292 § 1 (part), 1994)
11.24.035 Operation of vessels at night
Between sunset and sunrise the following day, no
person shall operate a vessel at speeds in excess of
five miles per hour. (Ord. NS-292 § 1 (part), 1994)
11.24.040 Middle lagoon.
The middle lagoon, including the water area
between Interstate 5 and the railroad tracks, is for
use by passive vessels. It is unlawful to operate a
powered vessel at any time on the middle lagoon
except by safety, maintenance or research personnel
without written authorization by San Diego Gas and
Electric Company or their representative. (Ord. NS-
292 § 1 (part), 1994)
11.24.045 Outer lagoon.
The outer lagoon, including the water area be-
tween Carlsbad Boulevard and the railroad tracks,
is limited to use by San Diego Gas and Electric
Company and those activities specifically approved
in writing by San Diego Gas and Electric Company
including marine research and fishing from the west
shoreline in posted areas. It is unlawful to operate
any power or passive vessel in the outer lagoon
without written approval by San Diego Gas and
Electric Company except for the purpose of making
a rescue or conducting safety service operations
including search and recovery. Lagoon use permits
cannot be issued by the city for use of the outer
lagoon. (Ord. NS-292 § 1 (part), 1994)
11.24.050 Inner lagoon.
The inner lagoon, including all water areas east
of Interstate 5, shall be subject to the following
regulations all year round:
(1) Separate areas are established for use by
powerboats, personal watercraft and passive vessels,
with boat corridors adjacent to the shorelines for
transit to and from these separate areas.
(2) Personal watercraft shall be limited to use in
Snug Harbor, between the north side of the sandbar
and the boat corridors along the north, east and west
shorelines. Personal watercraft will maintain a coun-
terclockwise pattern when in their area. A person
may not operate nor give permission to operate a
persona] watercraft for the purpose of towing a
person on water skis, aquaplane or similar device.
For the purpose of the Agua Hedionda Lagoon,
the definition of a personal watercraft is a Class A
vessel (under sixteen feet) which:
(A) Has an inboard motor which uses internal
combustion engine powering a water jet pump as its
primary source of motive propulsion;
(B) Is designed with the concept that the operator
and passenger ride on the outside surfaces of the
vessel as opposed to riding inside the vessel;
(C) Has the probability that the operator and pas-
senger may, in the normal course of use, fall over-
board;
(D) Is designed with no open load carrying area
which would retain water, and
(E) Is rated for a maximum of two persons.
(3) Powerboats shall be limited to use in the
middle area of the inner lagoon, between the south
side of the sandbar, the north shoreline boat corri-
dors and the passive use area; powerboats shall
(CarUtad 2-95)338
11.24.050
maintain a counterclockwise traffic pattern when in
the power vessel area.
(4) Passive vessels and boardsails shall be limited
to use in the eastern end of the inner lagoon, within
the passive use area. (Ord. NS-292 § 1 (part), 1994)
11.24.055 Fishing.
Fishing from the shoreline or from a passive
vessel shall be limited to the passive use area; fish-
ing from a power vessel shall be limited to the
powerboat area. It is unlawful to cast fishing lines
into any boat corridor or in the traffic pattern of
water-ski boats and skiers. (Ord. NS-292 § 1 (part),
1994)
11.24.060 Public access.
All public accesses are subject to the following
year-round regulations:
(1) Open for walk-in traffic only, from sunrise to
sunset; it is unlawful to drive a motorized vehicle
on a public access when posted for walk-in traffic
only;
(2) Passive vessels with a valid city permit may
be launched at any public access;
(3) It is unlawful to launch a motorized vessel
from any public access. (Ord. NS-292 § 1 (part),
1994)
11.24.065 Private launch ramp.
Snug Harbor Marina is a privately owned and
operated launch ramp. Vessels launched from Snug
Harbor shall be subject to the following regulations
and procedures all year-round:
(1) Powerboats, personal watercraft and passive
vessels shall transit through Snug Harbor Marina
area within the west and east boat corridors at a
speed not to exceed five miles per hour.
(2) The west boat corridor is limited to traffic
heading southeast to transit from the marina to the
powerboat area.
(3) The east boat corridor is limited to traffic
heading northwest returning to the marina and to
Bristol Cove, personal watercraft and passive vessels
going to and from the designated use areas. (Ord.
NS-292 § 1 (part), 1994)
11.24.075 Maximum number of vessels on
the water.
The maximum number of passive and power
vessels (excluding personal watercraft) using the
water in their designated use areas at any one time
shall not exceed thirty vessels per area. The maxi-
mum number of personal watercraft using the per-
sonal watercraft area at any one time shall not ex-
ceed twelve. The maximum number of boardsails
using the passive use area at any one time shall not
exceed twenty. (Ord. NS-292 § 1 (part), 1994)
11.24.080
The
Maximum vessel length.
vessel length allowed in the inner
lagoon, excluding rescue, research and maintenance
vessels, shall be twenty-one feet or less for power
vessels and eighteen feet or less for passive vessels.
(Ord. NS-292 § 1 (part), 1994)
11.24.085 Prohibited uses.
The city reserves the right to limit the type of
vessels and aquatic uses of the lagoon. The follow-
ing type of vessels or uses are not allowed on the
lagoon:
(1) Parasails;
(2) Hovercraft (except for official use);
(3) High profile cabin cruisers;
(4) Motorized surfboard-like vessels;
(5) No aircraft shall land on takeoff from the
water or public shoreline and public accesses;
(6) No aquatic vessel racing is allowed except as
authorized by city council in accordance with Sec-
tion 11.24.105;
(7) No mooring a vessel except in an area so
designated;
(8) This section is not intended to apply to San
Diego Gas and Electric Company, the state, county,
city or other political subdivision of the state. The
city does not intend to regulate maintenance, dredg-
ing, research, patrol utility and other vessels autho-
rized by San Diego Gas and Electric Company for
uses in the lagoon. (Ord. NS-292 § 1 (part), 1994)
11.24.095 Areas for swimming or wading.
No swimming or wading from shore shall be
339 (Cvlsted 10-94)
90
11.24.095
permitted in the lagoon except as authorized in
writing by San Diego Gas and Electric Company in
the middle and outer lagooa (Ord. NS-292 § 1
(part). 1994)
11.24.100 Throwing waste or refuse in
water or on public access or
shoreline.
It is unlawful to place waste or refuse of any kind
in the water, on the shoreline or public access ex-
cept in designated waste or refuse containers. (Ord.
NS-292 § 1 (part), 1994)
11.24.105 Aquatic special events.
Boat races, ski meets, boat parades or other
aquatic special events on the water shall be held
only by the specific authorization of the city coun-
cil. Such authorization shall be by the city council
for each meet, race or special event authorized. The
city council in approving such event may impose
conditions and establish special regulation as the
council deems necessary. (Ord. NS-292 § 1 (part),
1994)
11.24.110 Water-skiing slalom course.
The privately owned and maintained slalom
course, open for use by the public, may remain in
Agua Hedionda Lagoon subject to removal when
directed by the city council. The overall slalom
course area, located parallel to the southeastern
shoreline within both the powerboat area and pas-
sive use area is one thousand eight hundred fifty
feet long and no more than one hundred feet north
of the slalom course, as defined by marker buoys.
The following shall apply when daylight savings
time is in effect (April through October): The course
may be used in two directions between sunrise and
ten a.m. daily. After ten a.m. the course will be
closed and unlawful to use. Each pass made through
the course, when closed, shall constitute a new and
separate offense. Between sunrise and ten a.m. daily,
powerboats and skiers shall comply with the follow-
ing procedures:
(1) No vessel may enter through the slalom
course area when another vessel is towing a skier.
(2) Only one boat at a time may use the course.
Other boats wishing to use the course will sit ai a
safe distance at the west end of the designated sla-
lom course area. A skier may take a maximum of
four passes through the course. A boat completing
its passes should retrieve its skier and proceed at
wakeless speed to the waiting area, south beach or
powerboat area. The next boat in line may proceed
to the starting area and begin pulling their skier. For
the purposes of this chapter, the definition of a pass
shall be one round trip through the course.
(3) If your skier falls during a pass, the boat
must return at a safe speed to pick up the skier.
Each skier is allowed two falls per pass. A failed
attempt to get up is to be considered a fall.
(4) It is unlawful to pull more than one skier
within the boundaries of the designated slalom
course area.
(5) The city reserves the right to terminate use of
the slalom course by any vessel or skier at any time
based on safety and liability concerns.
(6) In the event of any dispute or question as to
what constitutes a safety or liability concern, the
decision of the city shall be binding and conclusive.
When pacific standard time is in effect (Novem-
ber through March), all of the aforementioned sla-
lom course rules shall remain in effect with the
exception of the time restriction. (Ord. NS-292 § 1
(part), 1994)
11.24.115 Ski boats and skiers.
Ski boats and skiers shall comply with the fol-
lowing rules and procedures:
(1) Ski boats shall maintain a counterclockwise
pattern in the powerboat area.
(2) No ski boat shall enter the pattern at more
than a forty-five degree angle.
(3) Water skiers will start from deep water, south
of the sandbar, or from the south beach shoreline;
no takeoff or drop-off allowed in Snug Harbor Ma-
rina at any time.
(4) Takeoff traffic shall standby until the way is
safe and clear before starting.
(5) All drop-offs shall be done parallel to the
shoreline; the ski boat shall not "hook," instead it
(C*riitad 10-94)340
shall remain parallel to the shoreline; once the skier
drops off, the ski boat shall stop, draw in the
towline and when safe, make a small wakeless
counterclockwise turn back to the desired beach
location.
(6) The maximum number of towlines used be-
hind any one vessel shall be two; the maximum
number of skiers behind any one vessel shall be
two.
(7) When towing two skiers and one skier falls,
the second skier shall let go of the towline. The ski
boat shall then follow established procedure and
safety precautions for skier pick-up and takeoff pro-
cedures.
(8) Towing of any object or aquatic device (ex-
cluding water skis) is subject to approval by the
city, in advance, and when approved, such use shall
comply with the requirements of this section.
(9) No boat shall pull into the beach with ski line
dragging behind.
(10) Boat and other water vehicle racing is pro-
hibited unless approved in accordance with Section
11.24.105. (Ord. NS-292 § 1 (part), 1994)
11.24.120 Establishment of vessel transit
corridors.
When buoys are placed out from the shoreline to
establish vessel transit corridors, it is unlawful to
travel on the shore side of such buoys except for the
purpose of transit from one area to another at speeds
not to exceed five miles per hour. No towing of any
aquatic device or person is allowed between the
buoys and the shoreline. No water ski takeoff is
permitted in the boat corridor, between the buoys
and the shoreline. (Ord. NS-292 § 1 (part), 1994)
11.24.125 City's liability—Use of areas at
own risk.
The city declares its purpose in adopting this
chapter is safe conduct among the users of the Agua
Hedionda Lagoon. The city council does not expand
its liability, if any, for accidents or injuries sustained
by the public user of such aquatic areas. Any person
utilizing aquatic areas does so at their own risk.
(Ord. NS-292 § 1 (part), 1994)
11.24.115
11.24.130 Compliance with orders.
It is unlawful for any person to refuse to follow
or comply with the boating regulations adopted
pursuant to Section 11.24.135 or with any lawful
sign, order, warning signals or other lawful direction
of the lagoon patrol or a lifeguard except for the
purpose of making a rescue, or for any person with-
out lawful authority to deface, injure, knock down
or remove any sign or warning placed for the pur-
pose of enforcing the provisions of this chapter.
(Ord. NS-292 § 1 (part), 1994)
11.24.135 Boating regulations.
The city council may by resolution establish
boating regulations for Agua Hedionda Lagoon
including, but not limited to, regulations for water
ski takeoff and drop-off areas and access to the
middle and inner lagoon water. All users of the
lagoon shall comply with these rules. (Ord. NS-292
§ 1 (part), 1994)
11.24.137 Enforcement by community
services director.
(a) The community services director, recreation
superintendent, aquatic supervisor and Lagoon Patrol
Specialists are deputized by the director pursuant to
subsection (b) of this section and are authorized
pursuant to Penal Code Section 836.5 to arrest any
person without a warrant whenever said employee
has reasonable cause to believe that the person to be
arrested has committed an infraction or misdemean-
or in said employee's presence which is a violation
of this chapter.
(b) The community services director may depu-
tize the recreation superintendent, aquatic supervisor
and lagoon patrol specialists to exercise the power
of arrest described in subsection (a) of this section
if the employee has completed an introductory
course of training prescribed by the Commission of
Peace Officers Standards and Training pursuant to
Penal Code Section 832. Nothing in this chapter
authorizes any employee in the community services
department to carry a firearm. (Ord. NS-297 § 1,
1994)
341 (Gritted 2-95)
91
11.24.140
11.24.140 Constitutionality or invalidity.
If any section, subsection, sentence, clause or
phrase of this chapter is for any reason held to be
invalid or unconstitutional, such invalidity or uncon-
stitutionality shall not affect the validity or constitu-
tionality of the remaining sections, and each section,
subsection, sentence, clause and phrase hereof would
have been prepared, proposed, adopted, approved
and ratified irrespective of the fact that any one or
more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional. (Ord.
NS-292 § 1 (part), 1994)
(Cvbtad 2-95) 342
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DAVID BRADSTREET
Community Ser. Director
December 19, 1996
TO: MAYOR AND CITY COUNCIL
FROM: HOUSING AND REDEVELOPMENT DEPARTMENT
I
DESIGN REVIEW BOARD MEETING OF DECEMBER 18, 1996
The following represents a summary of the Design Review Board meeting held on December 18, 1996:
1. REVISION TO DESIGN REVIEW BOARD PROCEDURES
The Design Review Board approved changes to the Board's Policies and Procedures to update them and
make them consistent with the Planning Commission's Policies and Procedures. In addition, the
meeting day and time for the Design Review Board meetings were changed to the fourth Monday of
each month at 6:00pm in the City Council Chambers. The Board currently meets from 5pm to 6pm on
the first and third Wednesday prior to the Planning Commission. The new meeting schedule will allow
the Board more time to review and discuss projects within the Village Redevelopment Area.
2. ELECTION OF OFFICERS
The Board re-elected Kim Welshons to serve as Chairperson and Bill Compas to serve as Vice-
Chairperson.
EVAN E. BECKER
Housing and Redevelopment Director
City Manager
City Attorney
Assistant City Manager
Financial Management Director
Assistant to the City Manager
Community Development Director
Department Heads
DAVID BRADSTREET
COMMUNITY SERVICES DIRECTOR
Decembers, 1996
TO: MAYOR LEWIS and COUNCIL MEMBERS
y/y/)
FROM: Planning Director "/^KA. X TS 4n
$/
SUMMARY OF PLANNING COMMISSION MEETING OF December 4,1996:
1. CUP 91-07x1 - JUDY'S DELI - By a 7-0 vote, the Commission approved an extension of
CUP 91-07 to allow the continued operation of a 921 square foot delicatessen at 2035 Corte
Del Nogal.
2. ZCA 96-04/LCPA 96-01 - HILLSIDE DEVELOPMENT ORDINANCE - A Zone Code
Amendment and Local Coastal Program Amendment to revise the City's Hillside
Development Ordinance and Uses Generally regulations (Chapters 21.95 and 21.53 of the
Carlsbad Municipal Code to: (1) streamline the Hillside Development Permit process, (2)
clarify and simplify the Hillside Development Ordinance to make it more user friendly, and
(3) incorporate new development standards to address identified Ordinance issue areas was
continued to the meeting of January 15,1997. (7-0)
3. SDP 96-08/CDP 96-04 - JAEGER TRI-PLEX - The Commission approved (6-0 -
Monroy had a potential conflict of interest) a Negative Declaration, Site Development Plan
and Coastal Development Permit to construct two new apartment units and to remodel an
existing studio unit on the site, for a total of three units on a .188 acre parcel (an existing unit
on the site would be demolished). The property is located on the south side of Juniper
Avenue, between Garfield Street and the San Diego Northern Railroad right-of-way, in the
Coastal Zone, in the R-3 Zone, and in the Beach Area Overlay Zone.
4. ZCA 96-09/LCPA 95-14 - TEMPORARY COMMUNITY DIRECTIONAL SIGNS - A
request for approval of a Zone Code Amendment and Local Coastal Program Amendment to
extend the temporary sign ordinance for five years, expand its use, and amend development
and design standards to allow a change to the City's approved kiosk structure design was
continued to the meeting of January 15,1997. (7-0)
5. ZC 93-04f A) - OCEAN BLUFF - By a 7-0 vote, the Commission recommended approval
of a zone change from R-l to R-1-7500-Q on property located on the northwest corner of
future Poinsettia Lane and Blackrail Court within the boundaries of the Zone 20 Specific
Plan.
6. CUP 96-14 - RACEWAY CELLULAR FACILITY - The Commission voted 7-0 to
approve a Conditional Use Permit to allow the installation of 12 facade-mounted panel
antennas and 1 interior equipment room, on an existing industrial office building. The site is
located on the west side of Loker Avenue West, north of Palomar Airport Road, in the P-M
(Planned Industrial) Zone.
Planning Commission Summary of December 4, 1996
Decembers, 1996
Page 2
7. CUP 96-05/HDP 96-07/SUP 96-05 - MARJA ACRES PCS FACILITY - By a 7-0 vote,
the Commission approved a Mitigated Negative Declaration, Conditional Use Permit,
Hillside Development Permit, and Special Use Permit to allow the installation of six (6) PCS
panel antennas mounted on individual poles, one (1) global positioning antenna, and six (6)
ground-mounted radio equipment cabinets, on property located at 4901 El Camino Real in
the C-2 and the R-A-10 Zones.
ELECTION OF OFFICERS - Bob Nielsen was elected Chair and Bailey Noble Vice-Chair.
OLZMILLER
City Manager Sue Spickard/Keith Beverly
Assistant City Manager Don Rideout, Growth Management
Assistant to the City Manager Connie Beardsley, Mgr. Arts Office
Department Heads
DAVID BRADSTREET
PARKS & RECREATION
MEMORANDUM
Januarys, 1997
TO: MAYOR LEWIS
CITY COUNCIL
VIA: Traffic Engineer
FROM: City Engineer
TRAFFIC SAFETY COMMISSION MEETING OF JANUARY 6, 1997
The following is a summary of the action items from the Commission meeting.
6A: Transportation Development Act/TransNet Funding Program - Review projects for
submittal of a funding request.
By a 3-0 vote, the Commission recommended that the following four projects be
submitted for funding:
1. Sidewalk Construction - construction of sidewalks on Chestnut Avenue east of
Monroe Street.
2. Palomar Airport Road: 500' west of Yarrow Drive to El Camino Real - construction
of bicycle lanes.
3. Cannon Road between Carlsbad Boulevard and Railroad Tracks - construction of
bicycle lanes on the south side of the road.
4. Highland Drive Corridor Design Study - project is a study to determine alternative
designs to provide sidewalks and bicycle lanes, yet maintain the rural atmosphere.
6B: Review and Approve the TSC Rules and Procedures. TSC Resolution 97-1.
By a 3-0 vote, the Commission approved Traffic Safety Commission Resolution 97-1,
which is the TSC procedure rules for conduct of the meetings.
6C: Traffic Safety Commission Resolution of Commendation for Jim Courtney.
The Commission approved the resolution for Jim Courtney by a 3-0 vote for his past work
as Chairperson of the Commission.
LLOYD PTHUBBS, RE.
City Engineer
LBH:jb
c: City Manager
Assistant City Manager
Community Development Director
Department Heads
January 13, 1997
TO: CITY MANAGER
DEPARTMENT HEADS
FROM: CCTVF Staff Representative
CARLSBAD COMMUNITY TV FOUNDATION - SUMMARY REPORT: MEETING OF 1-9-97
MINUTES
Minutes of the December 5, 1996 meeting were approved.
NEW BUSINESS
1. Grant Approved -
"ON THE BEAT" -Applicant: Murray Davison. Amount approved: $5.354.00.
2. The Financial Report to December 31, 1996, prepared by the City's Finance
Department, was accepted.
3. Pending approval by Chair Bob Turner, February 6, 1997 at 1:00 p.m. was
tentatively set as the date and time for the 1997 Annual Workshop Meeting, to be
held at the offices of Daniels Cablevision.
4. Val Brown provided a brief update on the status of active grants.
DATE OF NEXT REGULAR MEETING: Thursday, February 6, 1997.
~ -»--^^'^'"»^*V»_J^_ ~ *
«J<St- JAMES C. HAGAMANTpgk
c: Council Members
SUMMARY - JAN 97