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HomeMy WebLinkAbout1993-08-18; Planning Commission; ; LCPA 91-01A - EVANS POINT(, STAFF rJ.J\NNER: DON NEU ~ STAPP REPORT DATE: AUGUST 18, 1993 TO: PLANNING COMMISSION FROM: PLANNING DEPARTMENT SUBJECT: I.CPA 91-0l(Al -EVANS POINT -Request for a recommendation of approval of Local Coastal Program Amendment Revisions to add a new policy to the Mello II Segment of the Local Coastal Program restricting the type of impacts that can be allowed to wetlands and riparian resources and an additional policy establishing buffer zones for wetland and riparian areas as approved by the California Coastal Commission. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 3532 RECOMMENDING APPROVAL of revisions to LCPA 91-0l(A) based on the findings and subject to the conditions contained therein. II. PROJECT DESCRIPTION AND BACKGROUND . Staff is requesting a recommendation of approval for two new policies to be added to the. Mello II Segment of the Local Coastal Program. The two policies were proposed by the Coastal Commission staff as a result of the City's filing of a Local Coastal Plan Amendment (LCPA) to amend the Land Use Map for the Evans Point project. The LCPA for the Evans Point project involved the redesignation of 128.1 acres on the southwesterly side of El Camino Real from Planned Community to Low-Medium Density Residential (RLM) on 68. 7 acres and Open Space (OS) on 59.4 acres. Also approved was a zone change from L-C (Limited Control) to R-1 (One-Family Residential) and O-S (Open Space). The Coastal Commission adopted the two policies when they approved the amendment to the Land Use Map. Before the amendment request can become effectively certified, the Executive Director of the California Coastal Commission must determine that implementation of the approved amendment will be consistent with the Coastal Commission's certification order. This is necessary because the amendment request was certified with suggested modifications. The two new policies adopted by the Coastal Commission which are being suggested for adoption by the City are as follows: LCPA 91-01 (A) EVANS POINT AUGUST 18, 1993 PAGE2 1) Under "Environmentally Sensitive Habitat Area", a new policy #3-7 shall be added to read: Wetlands and riparian resources outside the lagoon ecosystems shall be protected and preserved. No direct impacts may be allowed except for the expansion of existing circulation element roads identified in the certified LCP and those direct impacts associated with installation of utilities (i.e., water, sewer, and electrical lines). There must be no feasible less environmentally-damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least environmentally-damaging manner. Open space dedication of sensitive resource areas is required. Mitigation ratios for any temporary disturbance or permanent displacement of identified resources shall be determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate mitigation ratios shall be determined based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions. 2) Under ''Environmentally Sensitive Habitat Areas", a new Policy #3-8 shall be added to read: Buffer zones of 100 feet in width shall be maintained around all identified wetland areas and SO feet in width shall be maintained around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site-specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations. Buffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the upper half of the buffer zone. City staff requested and received two continuances from the Coastal Commission Staff after receiving the staff report containing the proposed modifications with the original language for the two new policies. City staff did not object to the language for Policy #3-8. Revisions to Policy #3-7 were requested. A meeting was held with Coastal staff to discuss the proposed policies and it was agreed that City staff would submit revised language for Policy #3-7. As originally proposed Policy #3-7 allowed no direct impacts to wetlands and riparian resources outside the lagoon ecosystems. It also fixed the mitigation ratios for any temporary or permanent disturbance at 4:1 for wetlands and 3:1 for riparian resources. The policy was revised to allow disturbances for the expansion of existing circulation elements roads identified in the certified LCP and direct impacts associated with the installation of utilities. Set mitigation ratios were deleted and left to a determination made in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. The ratios are to be based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions. City LCPA 91-01 (A) EVANS POINT AUGUST 18, 1993 PAGE3 staff attended the Coastal Commission Hearing and requested that Policy #3-7 be amended to allow other impacts if permissible pursuant to Section 1600-1603 of the California Fish and Game Code. Flexibility was needed to prevent conflicts between the proposed policies and existing policies of the LCP. The Coastal Commission on the recommendation of their staff denied the City's request. It will be necessary to work with the policy to see if there are any problems in implementing it as it has been adopted by the Coastal Commission. m. ANALYSIS Planning Issues 1. Does the City accept the inclusion of the proposed policies into the Mello II Segment of the LCPA finding that they are necessary to provide adequate protection for wetland and riparian resources outside the lagoon ecosystems? DISCUSSION The suggested modifications to the City's Local Coastal Program Amendment 91-01 includes adding two new policies to the Mello II Segment of the Local Coastal Plan. Policy #3-7 requires the protection and preservation of wetlands and riparian resources outside the lagoon ecosystems. The LCP did not contain any policies addressing these resources unless they are in the vicinity of a lagoon. In practice, the California Department of Fish and Game and the U.S. Fish and Wildlife Service are consulted if disturbance of these resources is proposed to determine if a permit is needed from those agencies and what mitigation will be required if a temporary disturbance or permanent displacement is allowed. Policy #3-8 requires buffer zones to be maintained around all identified wetland and riparian areas. The buffer zones are also reviewed by these wildlife agencies. Inclusion of the two policies mentioned above in the LCP will provide protection of wetland and riparian areas. The policies codify what is required by the wildlife agencies. Acceptance of the policies is necessary for the Evans Point Local Coastal Plan Amendment to be certified. Protection of wetlands and riparian resources outside the lagoon ecosystems will be assured by the adoption of these two policies. Should Policy #3-7 prove to be too restrictive resulting in the preservation of isolated wetlands and riparian resources, staff will then have additional justification to attempt to persuade the Coastal Commission that this policy should be altered. IV. ENVIRONMENTAL REVIEW The proposed revisions have been determined to be exempt from CEQA pursuant to Section 21080 (b)(16) as it is a project undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. LCPA 91-0l(A) EVANS Pu1NT AUGUST 18, 1993 PAGE4 ATTACHMENTS 1. Planning Commission Resolution No. 3532 2. Carlsbad Local Coastal Programs Segment Boundary Map 3. Letter dated January 12, 1993 from the California Coastal Commission. DN:lh:wl June 21, 1993 SUGGESTED MODIFICATIONS: Mello II Segment Land Use Plan EXHIBIT ''LCPA 91-0l{A)" AUGUST 18, 1993 1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-7 shall be add to read: Wetlands and riparian resources outside the lagoon ecosystems shall be protected and preserved. No direct impacts may be allowed except for the expansion of existing circulation element roads identified in the certified LCP and those direct impacts associated with installation of utilities (i.e., water, sewer, and electrical lines). There must be no feasible less environmentally- damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least environmentally damaging manner. Open space dedication of sensitive resource areas is required. Mitigation ratios for any temporary disturbance or permanent displacement of identified resources shall be determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate mitigation ratios shall be determined based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions. 2. On page 18, under ''Environmentally Sensitive Habitat Areas", a new Policy #3-8 shall be added to read: Buffer zones of 100 feet in width shall be maintained around all identified wetland areas and 50 feet in width shall be maintained around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site-specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigations {such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations. Buffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the upper half of the buffer zone. DN:lb:vd LCPA9101.EX CARLSBAD LOCAL COASTAL PROGRAM (LCP) LCP SEGMENT lllIIII MELLO I r2) MELLO II ffilJAGUA HEDIONDA ~EAST BATIQUITOS LAGOON/HUNT tsj WEST BATIQUITOS LAGOON/SAMMIS □ REDEVELOPMENT AREA EVANS POINT SEGMENTS BOUNDARY MAP City of Carload LCPA 91-01(A) STATE OF CALIFORNIA-THE RESOURCES AGENCY CALIFORNIA COAST AL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 Don Neu City of Carlsbad Planning Department 2075 Las Palmas Carlsbad, CA 92009 January 12, 1993 Re: Certification of Local Coastal Program Amendment 1-92 Dear Mr. Neu, PETE WILSON, Governor On November 17, 1992, the California Coastal Commission approved the above-identified amendment request. In its action, the Commission approved amendments to the Agua Hedionda and Mello I/East Batiquitos segments as submitted. Regarding the Agua Hedionda Land Use Plan, al .12 acre parcel on the northern shore of Agua Hedionda lagoon, commonly known as part of "Whitey's Landing", was approved to be redesignated from Recreational Commercial to Low-Medium Density Residential. Regarding the Mello I/East Batiquitos Lagoon LCP, an amendment to the Aviara Master Plan was approved to redefine building height in Planning Areas 13 and 28 to provide consistency with recent municipal code amendments. The Commission also approved an amendment to the certified Mello II segment subject to two suggested modifications. This amendment involved the redesignation of 128 acres on the southwesterly side of El Camino Real, commonly known as "Evans Point", from Planned Community to Low-Medium Density Residential and Open Space; also approved was a zone change from L-C (Limited Control) to R-1 and Open Space on this property. The adopted suggested modifications are attached. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary because the amendment request was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is required to satisfy them, such as rezonings or other ordinance revisions. If the amendment resulted in a change to the certified local coastal program's area of jurisdiction, the local government must also submit a resolution Don Neu January 12, 1993 Page 2 agreeing to issue coastal development permits in conformance with the certified LCP for that area. As soon as the necessary documentation is received in this office, and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Conmission's action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. Sincerely, ~7rk- Deborah N. Lee Assistant District Director (8103A) Don Neu January 12, 1993 Page 3 SUGGESTED MODIFICATIONS Mello II Segment Land Use Plan 1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-7 shall be added to read: Wetlands and riparian resources outside the lagoon ecosystems shall be protected and preserved. No direct impacts may be allowed except for the expansion of existing circulation element roads identified in the certified LCP and those direct impacts associated with installation of utilities (i.e., water, sewer, and electrical lines). There must be no feasible less environmentally-damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least environmentally-damaging manner. Open space dedication of sensitive resource areas is required. Mitigation ratios for any temporary disturbance or permanent displacement of identified resources shall be determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate mitigation ratios shall be determined based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions. 2. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-8 shall be added to read: Buffer zones of 100 feet in width shall be maintained around all identified wetland areas and 50 feet in width shall be maintained around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site-specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigations (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations. Buffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the upper half of the buffer zone.