HomeMy WebLinkAboutCDP 00-33; Car Country Re-Landscaping; Coastal Development Permit (CDP) (4)-^ •^^
City of Carlsbad
Planning Department
MINOR COASTAL DEVELOPMENT PERMIT
NOTICE OF DECISION
July 28, 2000
Mark Steyaert
1200 Carlsbad Village Drive
Carlsbad, CA 92008
SUBJECT: CDP 00-33 - CAR COUNTRY RE-LANDSCAPING
The City has completed a review of the application for a Minor Coastal Development
Permit for the Car Country Re-Landscaping project.
It is the Planning Director's determination that the project request for the re-landscaping
of the eastern edge of the Caltrans Interstate 5 right of way adjacent to Car Country,
south of Cannon Road, CDP 00-33, is consistent with the applicable City's Coastal
Development Regulations (Chapters 21.201 - 21.205) and with all other applicable City
ordinances and policies. The project involves the removal of 24 mature Pepper trees
and their replacement at a 3:1 ratio; resulting in 72 new trees with a mix of tree varieties
that will not include Pepper Trees, as shown on the project exhibit. The Planning
Director, therefore, APPROVES this request based upon the following:
Findings:
1. That the total cost of the proposed development is less than $60,000 based on
the cost estimates provided.
2. That the proposed development requires no discretionary approvals other than a
Minor Coastal Development Permit; the removal of mature trees in the coastal
zone is considered "development" and therefore requires a coastal permit.
3. That the development has no adverse effect individually or cumulatively on
coastal resources or public access to the shoreline or the coast, in that no
coastal resources or opportunities for coastal access are available from the
subject site; the subject currently supports freeway landscaping and the
proposed re-landscaping will not impact coastal resources or access.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 6O2-4600 • FAX (760) 6O2-8559
CDP 00-33 - CAR COWJTRY RE-LANDSCAPING
JULY 28, 2000
PAGE 2
4. That the proposed development is in conformance with the Mello II Certified
Local Coastal Program and all applicable policies in that the site is designated
for transportation corridor uses.
5. That the development is in conformity with the public access and public
recreation policies of Chapter 3 of the Coastal Act, in that no opportunities for
coastal access are available from the subject site, nor are public recreation
areas required of the project.
6. That this request for a Minor Coastal Development Permit was adequately
noticed at least fifteen (15) working days before the date of this decision
pursuant to Section 21.201.080(6) and (C) of the Carlsbad Coastal Development
Regulations.
7. That the Planning Director has determined that the project will not have a
significant effect on the environment and a Negative Declaration has been
processed per the California Environmental Quality Act (CEQA) which was
published on July 7, 2000.
8. This project is consistent with the General Plan and has received a finding
of General Plan consistency as made with the list of Capital Improvement
Projects by the Planning Commission on May 17,1999.
Conditions:
1. The Planning Director does hereby APPROVE the Minor Coastal Development
Permit, CDP 00-33, for the project entitled "Car Country Re-Landscaping".
(Exhibit A), dated July 28, 2000, on file in the Planning Department and
incorporated by this reference, subject to the conditions herein set forth. Staff is
authorized and directed to make, or require the Developer to make, all
corrections and modifications to the Minor Coastal Development Permit
documents, as necessary to make them internally consistent and in conformity
with the final action on the project. Development shall occur substantially as
shown on the approved Exhibits. Any proposed development substantially
different from this approval, shall require an amendment to this approval.
2. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the
right to revoke or modify all approvals herein granted; deny or further condition
issuance of all future building permits; deny, revoke or further condition all
certificates of occupancy issued under the authority of approvals herein granted;
institute and prosecute litigation to compel their compliance with said conditions
CDP 00-33 - CAR COUNTRY RE-LANDSCAPING
JULY 28, 2000
PAGE 3
or seek damages for their violation. No vested rights are gained by Developer or
a successor in interest by the City's approval of this CDP 00-33.
3. The Developer shall comply with all applicable provisions of federal, state, and
local ordinances in effect at the time of building permit issuance.
4. The Developer/Operator shall and does hereby agree to indemnify, protect,
defend and hold harmless the City of Carlsbad, its Council members, officers,
employees, agents, and representatives, from and against any and all liabilities,
losses, damages, demands, claims and costs, including court costs and
attorney's fees incurred by the City arising, directly or indirectly, from (a) City's
approval and issuance of this Minor Coastal Development Permit, (b) City's
approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator's installation and operation of the landscaping permitted
herein.
5. Prior to commencing any re-landscaping work, a landscape plan shall be
processed consistent with the City's Landscape Manual which shall also
address the short and long term maintenance responsibilities.
6. The effective date for this project shall be after City and Coastal
Commission appeal periods have been exhausted.
CITY OF CARLSBAD
MICHAEL J. HOLZMILLER
Planning Director
MJH:EM:mh
c: Gary Wayne
Don Rideout
Bobbie Hoder
File Copy
Data Entry
^-Planning Aide
Coastal Commission
June 1, 2000
TO: CITY MANAGER
From: Park Development Coordinator
I-5 / CAR COUNTRY RE-LANDSCAPE SCHEDULE
As you requested, below is an update on the estimated time schedule for the project. As we are not in control of some of the tasks
outlined below (e.g. CALTRANS approvals), the schedule will always be subject to some degree to others compliance.
/? JON2C
.-'--; PLANNING DEPARTMENT K
City Of
Carlsbad
\ "•
TASKS Year 2000
Cooperative Agreement (CALTRANS)
Environ. Review / Permits (City)
Construction Documents
CALTRANS approval of plans / permits
Bid
Tree Removal
Construction
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DEC BEYOND
1/01
1/01-2/01
Please let me know if you have any questions.
Mark Steyaert
Assistant City Manager
Recreation Director
Public Works Director
Public Works Manager, General Services
Planning Director
Principal Planner, Rideout
Senior Planner, Munoz
'
July 26, 1999 EXHIB'T1
TO: CITY MANAGER
From: Park Development Coordinator
CAR COUNTRY /1-5 LANDSCAPE
For years, Car Country has tried in vain to convince CALTRANS to remove and replace the
existing Pepper Trees along their freeway frontage with alternative trees that would allow
increased visibility into Car Country and an enhanced look. At the request of Jim Finney,
representing Car Country, and Councilwoman Nygaard, several meetings were held to once again
explore this issue. Attending the meetings were:
Councilwoman Nygaard
Jim Finney, Car Country
Jim Larson, Assistant to the Director of CALTRANS San Diego
Steve Alverez, Landscape Architect, CALTRANS
City Staff (Parks and Recreation)
At the last meeting, the focus was to discuss a Concept Plan prepared by City staff and to come
up with a strategy to implement the plan. The plan attempts to address the mutual goals of the
participating parties:
Car Country
• Greater visibility and aesthetics for Car Country
• Lower maintenance on their property (caused by messy Peppers)
CALTRANS
• Consistency with CALTRANS policies (tree removal and mitigation for removals)
• No increase in maintenance
City
• Consistency with City policies (e.g., the I-5 Corridor Master Plan, adopted by Council 1/99)
• Assist Car Country to achieve dealership success (tax base)
To accomplish these goals, the proposed plan:
• Removes the majority of Pepper Trees
• Retains some of the Peppers (for consistency with the I-5 Corridor Master Plan)
• Mitigates removal of Peppers by replacing with trees (at a 3:1 ratio) that are less view
obstructing and messy.
This plan was reviewed and approved conceptually by Car Country and CALTRANS
representatives.
Pg. 2; 1-5 / Car Country
IMPLEMENTATION
The following chart shows an implementation outline, as proposed by Mr. Finney, with possible
assigned responsibilities. It is important to note that staff did not negotiate responsibilities with Mr
Finney at this juncture, nor did staff represent that this proposal would be acceptable to the City,
but rather that we would submit this report the City Manager's Office for processing.
ITEM
1
2
3
4
5
6.
7
8 (
TASK
Permit process (Environmental Review, Coastal
Development Permit, Approvals)
Prepare Final Plans
CALTRANS approval
Tree removal
Irrigation installation
Trees: Purchase
Jree§:xlnstall
*20 yr. ^Maintenance Agreement (Trees only)
~TOTAL CITY COSTS (incl. 20 yr. m&o)
TOTAL COSTS
RESPONSIBILITY
City
City (consultant)
CALTRANS
City (contract)
City (contract)
Car Country
City (contract)
City (contract)
COST (estimate)
Staff time
$8,000
none
$15,000
$5,000
$4,000 —
$7,000
$20,000 ($1,000/yr)
$55,000
$59,000
a 20 yr. "Cooperative Agreement" for maintenance of the trees would be required by CALTRANS
(because the existing landscape would be upgraded, and therefore, more maintenance). They felt the
agreement would be more appropriate with the City rather than Car Country, however, this is
negotiable.
Please let me know if you require more information.
Mark Steyaert
Assistant City Manager
Recreation Director
Public Works Director
Public Works Manager, Duncanson
Tree Supervisor
I Don Rideout -15 CAR COUNTRY "LANE ""i: Pager]
From:
To:
Date:
Subject:
Don,
Mark Steyaert <steyaert@socal.verio.net>
DON RIDEOUT <dride@ci.carlsbad.ca.us>
5/26/00 2:36PM
15 CAR COUNTRY LANDSCAPE
I have been asked by Ray to submit a status report on the above
project. Can you let me know were you guys are at in processing the
"administrative coastal development permit"?. We are unable to submit
the project to CALTRANS for their lengthy approval process until the
environmental is done.
Have fun in the Bahamas!
Thanks, Mark
Don Rideout-1-5 CAR COUNTRY RELJ^)SCAPE' ' Jt '" Page 1
From: Mark Steyaert <steyaert@socal.verio.net>
To: DAVID HAUSER <dhaus@ci.carlsbad.ca.us>
Date: 5/26/00 2:29PM
Subject: I-5 CAR COUNTRY RELANDSCAPE
David,
I have been asked by the manager's office to give a status report on the
above project. Based on what you said yesterday at the Planning Pizza
Meeting, I would like to confirm what I thought I heard concerning GP
Consistency.
The I-5 Car Country Relandscape Project (submitted by us for the 00-01
CIP) was removed from the final CIP list (I still don't know why or who
did that). Based on what you said, we will need to take this project
separately to the Planning Commission for a GP Consistency Finding.
Is this true?
Mark
CC: DON RIDEOUT <dride@ci.carlsbad.ca.us>
Eric Munoz - [Fwd: 1-5 CAR'COUNTRYIKLANDSCAPE PROJECT] A Page 1
From: Mark Steyaert <steyaert@socal.verio.net>
To: <emuno@ci. carlsbad. ca.us>
Date: 3/15/00 3:48PM
Subject: [Fwd: I-5 CAR COUNTRY RELANDSCAPE PROJECT]
Eric,
I sent this e mail to Chris Cutler, District Permit Engineer. I followed
by phone today and he told me:
CALTRANS does not give permission to process environmental on their
property. He said they don't care if cities or developers process
environmental for projects that they (cities or developers) are
proposing.
After environmental permits (i.e. Neg Decs, CDPs, etc) are obtained by
"the lead agency" (us, because it is "our project") we can submit for
CALTRANS encroachment permit. CALTRANS will review and issue
"encroachment permits". Part of the CALTRANS encroachment permit
requires attaching the applicable environmental permits (issued by the
City).
In otherwords, CALTRANS encroachment permit is their vehicle to "sign
off' for work in the State ROW. He said that for CALTRANS to give a
letter of permission for us to process the environmental would be A
FIRST.
Having said that, I am sure if we need a letter from them I can still
get it.
I understand that you and Gary are still discussing how to proceed with
this. Please add this issue to your discussions and let me know what you
decide.
Thanks, Mark
CC: <gwayn@ci.carlsbad.ca.us>, KEN PRICE <kpric@ci.carlsbad.ca.us>
Eric Munoz - 1-5/CAR COUNTRY LANEgfcAPING A " Page 1
From: Eric Munoz
To: Mark Steyaert
Date: 3/8/00 6:09PM
Subject: 1-5/CAR COUNTRY LANDSCAPING
As a follow-up to our phone conversation, I want to confirm that no project changes resulted from the
March 1 meeting referenced in in February 22, 2000 memo to the Asst. CM. Therefore, the project
description is as follows:
* 18 Mexican Fan Palms (5 @ 24" box/13 @ 15 gal.)
* 20 Queen Palms (6 @ 24" box/14 @ 15 gal.)
* 16 Canary Island Pines (6 @ 24" box/10 @ 15 gal.)
* 5 Sycamores @ 24"box
* 13 New Zealand Flax @ 15 gal.
Please confirm this as the project description per email.
Also - there is a need for the property owner's signature (Caltrans) either on the application form or on a
letter verifying their support for the project. If the letter option is pursued, it would have to meet the
satisfaction of the city's Attorney Office.
Work on the project will commence upon receipt of Caltrans signature and your confirmation of the project
description. In the meantime, I will verify with Planning staff/management that a coastal development
permit is required (definition issue of "major vegetation").
Thanks
EM
3/8/00
CC: Don Rideout; Gary Wayne
February 22, 2000
TO: ASSISTANT CITY MANAGER
FROM: PARK DEVELOPMENT COORDINATOR
STATUS UPDATE
1-5 / CAR COUNTRY RE-LANDSCAPE PROJECT
BACKGROUND
On November 16, 1999, Council approved the "I-5 / Car Country Concept Tree
Plan" and directed staff to proceed with implementation. The plan involves removal
of the majority of existing pepper trees along the I-5 right of way adjacent to Car
Country, and replacement with a combination of Fan Palms, Queen Palms, Canary
Island Pines and California Sycamores. Council also approved a 5 year maintenance
period on the new trees being planted to be the responsibility of City. The original
proposal from CALTRANS was for a 20 year City maintenance responsibility. The
period was reduced as a result of negotiations that occurred preceding the Council
meeting.
ISSUE
Prior to the Council meeting, CALTRANS staffed approved the concept plan. This
was, however, with the idea that the maintenance period would be 20 years, not 5
years. When CALTRANS maintenance staff were made aware of the reduced
maintenance period, and that they would take over maintenance after 5 years (as
opposed to 20 years), they insisted that that one particular palm species, the
Queen Palm, be replaced with Fan Palms. They stated that the Queen Palms require
substantially more maintenance than Fan Palms. The plan approved by Council has
18 Fan Palms and 20 Queen Palms. With their proposed revision, we would have
38 Fan Palms and zero Queen Palms.
I relayed this proposed revision to Mr. Finney, representing Car Country, and he
was not in favor of the change. His concern was that the Fan palms are "messy"
and that the fronds can be a hazard when they blow off in the wind. He suggested
another choice for substitution, the King Palm. After checking with CALTRANS,
they said this selection is also considerably more maintenance and failed to approve
this choice as well.
To attempt to resolve this issue, I have scheduled a meeting with CALTRANS, Jim
Finney and myself for March 1st. I will report the results of that meeting to you.
Pg. 2 of 2; 1-5 Car Country
COUNCIL CONTACT
I have been contacted by Councilwoman Nygaard (2/1 7/00) to find out the status
of this project. I reported to her the information outlined above. She requested that
I keep her informed of the progress on this project and I told her I would. I intend to
do this by means of correspondence through the Manager's Office.
OTHER PROGRESS
Although there are some outstanding issues to be resolved, we are continuing to
process items that can move forward.
1. The project was submitted to the Planning Department for Environmental
Review on 1/31/00.
2. We have met with CALTRANS Permit Division (1/20/00) to review requirements
for a "Right of Way Encroachment Permit" and "Tree Removal Permit".
3. We are currently preparing the required documents to obtain all the CALTRANS
permits.
We are still hoping the project can be installed in early fall this year, contingent
upon resolution of the issue above, the City's environmental review process, and
permit processing by CALTRANS.
Mark Steyaert
c: City Manager
Recreation Director
Public Works Manager, General Services
Principal Planner, Don Rideout
November 16,1999 CITY COUNCIL
City Attorney Ron Bail explained the decision b
permits for both grading and the retaining wall,
require that the permits meet standards of the bu
Upon inquiry from Council, Mr. Ball stated that
its decision, then Council action would be: "to c
appeal and uphold the City Engineer's decision t
on the condition that Mr. Walsh apply for and oh
his fence such that it meets the minimum requirements on both sides for fences under the City's
swimming pool code and that he comply with the terms and conditions of that administrative variance.
Since significant relief has been granted as a result of this appeal, appellant's appeals fees be refunded
pursuant to Policy No. 54."
By consensus, Council agreed to include the consideration of Mr. Walsh's retaining wall in this item.
Upon inquiry from Council concerning the dispersion of water on the Deering property, Mr. Wojcik
suggested mat Mr. Walsh ptece gravel underneath his drain outlet structure, and that the Deering's
property be raked out in the area of erosion so that the water would flow more naturally and not pool.
ACTION;
AYES;
NOES:
On a motion by Mayor Pro Tern Hall, Council adopted RESOLUTION NO. 99-
327. denying the appellants appeal and upholding the City Engineer's decision tc
issue a grading permit for 3160 Falcon Drive, PD 487; with the addition of
Condition No. 3, "That the City Engineer's issuance of a grading permit is
hereby confirmed and the appeal is denied on the condition that Mr. Walsh apply
for and obtain an administrative variance to increase the height of his fence such
that it meets the minimum requirements on both sides for fences under the City's
swimming pool code and that he comply with the terms and conditions of that
administrative variance"; and with the addition of Condition No. 4, "Since
significant relief has been granted as a result of this appeal, appellant's appeals
fees shall be refunded pursuant to Policy No. 54." The Council also agreed that
the City would pay the fee ($450) for the administrative variance.
Lewis, Hall, Finnila, Nygaard, Kulchin
None.
RECESS;
Mayor Lewis declared a recess at 8:31 p.m. Council reconvened at 8:35 p.m. with Mayor Lewis and four
Council Members present.
54 12.AB #15.500 - I-S LANDSCAPING ADJACENT TO CAR COUNTRY CARLSBAD.
Assistant City Manager Frank Mannen, described the proposed plans for re-landscaping the 1-5 right-of-
way adjacent to Car Country Carlsbad. He outlined the four options for Council consideration: I.)
Leave the trees and landscaping as is; 2.) Prune the trees as per (he April 1998 Agreement, at an
estimated cost of $4,500; 3.) Re-landscape as per the concept plan outlined in Exhibit 1 at an estimated
cost to fee Chy of $40,000; or, 4.) Direct staff to develop a concept plan consistent with the 1-5 Corridor
Master Plan including cost estimates, and to return to Council for further discussion.
November 16,1999 CITY COUNCIL Page 10
Upon inquiiy from Council, Mr. Mannen explained that the re-landscaping plan called for removal of 24
California Pepper trees and that these trees would be replaced at a ratio of 3 to 1 with more suitable frees.
Jim Finney, 16583 Zumaque Street, Rancho Santa Fe, stated that he had participated in discussions with
Council Member Nygaard, City Staff, the Car Dealer's Association and Caltrans concerning the re-
landscaping project. He stated for the record that he did not directly represent Car Country Carlsbad, but
rather, had been asked by them to continue to work on this project. Mr. Finney stated that the Pepper
Trees, which currently line the 1-5 right-of-way, are messy and block the view of the car showrooms. He
spoke in support of option #3, the re-landscaping of the area per the conceptual plan. In response to
inquiry, he agreed that Car Country would pay for additional landscaping materials, in an amount not to
exceed $4,000.
Council Member Finnila stated that she has not seen the concept plan for landscaping.
ACTION; On a motion by Mayor Pro Tern Hall, Council approved Option #3, to re-
landscape as per the concept plan outlined in Exhibit 1, Memo to the City
Manager, from the Park Development Coordinator, dated July 26,1999, with a
condition that Car Country pay for additional planting materials.
AYES; Hall, Nygaard, Kulchin
NOES: Lewis, Finnila
Mayor Lewis indicated that he did not support Option #3 due to concerns regarding ongoing maintenance
costs.
Council Member Finnila stated she could not support Option #3 because she not seen, or had time to
review the plan.
13. AB #15.501 - ESTABLISHMENT OF A NO PARKING ZONE ON JACKSPAR DRIVE FROM
CAMINQ HILLS DRIVE TO EL CAMINO REAL.
Bob Johnson, Deputy City Engineer, presented the staff report outlining the establishment of a No
Parking zone on both sides ofJackspar Drive from Camino Hills Drive to El Camino Real. He stated that
the request to establish the No Parking Zones came as a request from the Evans Point Homeowners
Association. He stated that Jackspar Drive has a 40 foot width and serves nearby residences and the
industrial area south of El Camino Real, near Faraday.
Council indicated they would like additional information regarding the parking conditions in the area and
would also like to hear from the applicant regarding this request
By consensus, the matter was returned to staff.
14. AB #15.502 - REPORT ON EMERGENCY PREPARENESS PROGRAM.51
Fire Division Chiefs Mike Smith and Brian Watson presented a report on the City's Emergency
Preparedness Program.
Chief Smith explained that the City Disaster Preparedness Program is aligned with the California
Standard Emergency System (SEMS), a system which organizes, directs and controls emergency actions.
He stated that Emergency Management concepts included: 1.) mitigation, such as weed abatement, 2.)
preparedness, those activities such as alert and warnings; 3.) response, to restore order, and 4.) recovery
and repair. Chief Smith also explained the makeup of the Emergency Operations Structure that aids in
October 28, 1999
TO: CITY MANAGER
FROM: Assistant City Manager
1-5 LANDSCAPING ADJACENT TO CAR COUNTRY
Council Member Nygaard has requested this item be placed on the Council
Agenda. The item is tentatively scheduled for the Council Meeting on Nov. 9,
1999. Jim Larson of CALTRANS, indicated that CALTRANS will agree to a five-
year maintenance period for Option 3.
FRANK MANNEN
c: Mayor
City Council
Public Works Director
Recreation Director
Public Works Manager/General Services
Park Planner Mark Steyaert