HomeMy WebLinkAboutCT 97-06; Seapointe Resort Expansion; Tentative Map (CT) (4)STATE OF CALIFORNIA - THE RESOURCES AGENC^
CALIFORNIA COASTAL C
SAN DIEGO AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
MISSION
PETE WILSON, Govern
IMPORTANT PUBLIC HEARING NOTICE
CITY OF CARLSBAD LOCAL COASTAL PROGRAM
MAJOR AMENDMENT 1-97A & B
I. HEARING TIME AND LOCATION
DATE: Wednesday, October 8, 1997
TIME: 9:00 a.m.
LOCATION: Del Mar Fairgrounds
2260 Jimmy Durante Blvd.
Del Mar, CA
II. HEARING PROCEDURES
At the time of the public hearing, staff will make a brief oral presentation to the
Commission. Immediately following the presentation of the staff, a representative or
representatives from the City of Carlsbad may address the Commission regarding the
local coastal program amendment. Upon conclusion of the City's presentation, interested
members of the public and agencies will have an opportunity to address the Commission
and comment on the amendment. The Commission will then close the public hearing;
and, since there are preliminary recommendations and findings prepared for the
Commission, the Commission may take final action on the amendment request at this
time.
III. BACKGROUND
The Carlsbad Local Coastal Program consists of six geographic segments. Five of the
segments have certified LCPs: the Carlsbad Mello ILCP segment contains about 2,000
acres; the Carlsbad Mello II LCP segment includes approximately 5,300 acres; the East
Batiquitos Lagoon/Hunt Properties LCP segment has about 1,000 acres; the West
Batiquitos Lagoon/Sammis Properties segment contains 200 acres and the Village
Redevelopment Area has approximately 100 acres. The Agua Hedionda Lagoon LCP
segment is comprised of approximately 1,100 acres and remains as a deferred
certification area pending submittal of an implementation program.
Pursuant to special legislation, the LCP was first adopted under prescribed time limits.
However, the final steps of approval ("effective certification") were not taken due to work
constraints and subsequent disagreements over certain policies relating to preservation of
environmentally sensitive areas and agricultural lands. That is, the City declined to
accept the Commission's adopted LCP. In the intervening years, the four additional LCP
segments were created but, again, absent any effective certification. Thus, the Coastal
Commission continued to issue coastal development permits based on the certified LCP.
In 1996, necessary actions were taken to finalize both City adoption of its LCP and
Carlsbad LCP AmeSnent 1-97A & B Hearing Notice
September 24, 1997
Page 2
complete the administrative steps necessary to assume permit authority. As of October
21, 1996, the City is issuing coastal development permits for all of its coastal zone except
for the Agua Hedionda Lagoon planning area.
IV. AMENDMENT REQUEST
This LCP amendment package includes four different amendments, involving both land
use plan and implementation plan revisions. LCP A #96-11 involves a land use
redesignation and rezoning of a .5 acre parcel located at the northeast corner of Surfside
Lane and Island Way, referred to as the Seapointe Expansion site, from Office to Travel
Recreation/Commercial. LCPA #96-02 involves a land use redesignation and
implementation revisions for Aviara Planning Area 23; the LCP amendment would revise
it from Neighborhood Commercial to Residential Medium Density development. LCPA
#96-13 involves two unrelated amendments again to the Aviara Master Plan. The first
portion of LCPA #96-13 provides for a new planning area, identified as Planning Area
33/Azure Cove, to be annexed into the master plan. Planning Area 33 is approximately
40 acres and has been previously approved by the Commission for 72 single-family
residences in a project originally known as Brocatto. The fourth amendment request,
LCPA #97-03, seeks to add Chapter 21.83 to the municipal code and provides regulations
for child day care facilities throughout the City.
The second portion of LCPA #96-13 is referred to as the Aviara Lot 308 Open Space
Tradeoff; it has been reclassified as Carlsbad LCP Amendment 1-97B and Commission
staff is requesting the Commission grant a time extension for the review of this item only.
The specific amendment involves a requested land use redesignation of a 1.2 acre site
from Open Space to Residential on Aviara Lot 308 in Planning Area 1 and a related land
use redesignation of a 14.4 acre site from Residential to Open Space on Aviara Lot 36 in
Planning Area 25.
V. AVAILABILITY OF STAFF REPORT
A staff report on the LCP amendment request, containing recommendations, has been
prepared for the Commission. If you would like the full text of the staff report, call or
write the San Diego District office of the Coastal Commission and request a copy of the
"City of Carlsbad Local Coastal Program Amendment No. 1-97 A" staff report and the
staff memorandum on the "City of Carlsbad LCP Amendment No. 1-97B". Copies will
be mailed to you promptly. Questions regarding the report or hearing should be directed
to Bill Ponder at (619) 521-8036.
STATE OF CALIFORNIA—THE RESOURCES A<3 PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
September 17, 1997
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: CHUCK DAMM, SOUTH COAST DEPUTY DIRECTOR
DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO DISTRICT
BILL PONDER, COASTAL PROGRAM ANALYST, SAN DIEGO DISTRICT
SUBJECT: STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-97A TO THE CITY OF CARLSBAD
LCP (For Public Hearing and Possible Commission Action at the Meeting
of October 7-10, 1997)
SYNOPSIS
SUMMARY OF STAFF RECOMMENDATION
This local coastal program amendment submittal has four amendments, two parts
associated with three different planning areas associated with the Aviara
Master Plan in the Mello I and Mello II LCP plan areas, one associated with
the Seapointe resort pro.lect in the Mello II plan area and adoption of a
city-wide ordinance regarding child care facilities affecting all certified
LCP plan areas in the Carlsbad Local Coastal Program except the Village
Redevelopment area
Seaoointe land use
. Staff is recommending
plan amendment: denial.
approval as submitted for the
as submitted, for the Aviara land
use plan amendments and their subsequent approval if modified in accordance
with the staff recommendation (i.e. to include provisions for providing an
upland coinmununltv trail segment in Planning Area 23 and to include provisions
in Planning Area 33 of the Master Plan requiring that six public parking
spaces will be preserved in perpetuity for coastal visitors to access the
North Shore Trail located adjacent to Batiquitos Lagoon and a signage program
will be implemented to notify visitors of access opportunities at the North
Shore Trail segment within PA 33),
amendments, staff is recommending
rezoning. approval, as submitted.
Regarding the Implementation Plan
approval, as submitted, of the Seapointe
of the child care ordinance, and denial. as
submitted, for the implementation portions of the Aviara amendments and
approval of the same if modified as recommended in the staff report. Staff is
also recommending that the Commission approve a time extension for one element
of the submitted amendment, that being the Aviara Lot 308 open space tradeoff
comprised in LCPA #96-13 (see separate staff memo).
The appropriate resolutions and motions may be found on Pages 4-7. The
suggested modifications begin on Page 8. The land use plan amendment findings
begin on Page 9 and findings for certification of the implementation plan
amendment begin on Page 18.
SUMMARY OF AMENDMENT REQUEST
As identified above, this LCP amendment package includes four different
pieces, involving both land use plan and implementation plan revisions.
LCPA 1-97A
Page 2
Regarding the Aviara amendments, the Mello I and Hello II segments are
proposed for amendment through revisions to the Aviara Master Plan. The LCP
was submitted concurrent with a specific development proposal, including a
Master Plan, for 1,402 acres of the Hunt properties known originally as the
Pacific Rim Country Club and Resort, and now referred to as Aviara.
There are two components to the amendment request regarding Planning Areas
(PA) 23 and 33 of the Aviara Master Plan. The proposed LUP/IP amendment to PA
23 (LCPA #96-02) allows a land use/product change from Neighborhood Commercial
to Residential Medium Density. In addition, new PA 33 (Azure Cove, LCPA
#96-13), approximately 40 acres and previously approved by the Coastal
Commission for 72 single family units, is proposed to be annexed to the
existing Aviara master plan. This constitutes both an LUP and IP amendment.
No other changes to coastal zone goals, policies or objectives are proposed in
the Aviara amendments.
Regarding the Mello II LCP amendments, the Seapointe LCP amendment (LCPA
#96-11) requests both a land use redesignation from Office to Travel
Recreation/Commercial and a zoning redesignation from Office to
Commercial-Tourist on a vacant .5 acre parcel at the northeast corner of
Surfside Lane and Island Way in Carlsbad. No other changes to coastal zone
goals, policies or objectives are proposed in the Mello II amendment.
The fourth amendment request (LCPA #97-03) seeks to add Chapter 21.83 to the
Carlsbad Municipal Code and amend various sections of the zoning ordinance to
address the provision of small and large family day care homes as well as
child day care centers throughout the City. No other changes to coastal zone
goals, policies or objectives are proposed in the implementation plan
amendment.
BACKGROUND
The Carlsbad Local Coastal Program consists of six geographic segments. Five
of the segments have certified LCPs: the Carlsbad Mello I LCP segment
contains about 2,000 acres; the Carlsbad Mello II LCP segment includes
approximately 5,300 acres; the East Batiquitos Lagoon/Hunt Properties LCP
segment has about 1,000 acres; the West Batiquitos Lagoon/Sammis Properties
segment contains 200 acres and the Village Redevelopment Area has
approximately 100 acres. The Agua Hedionda Lagoon LCP segment is:comprised of
approximately 1,100 acres and remains as a deferred certification area pending
submittal of an implementation program.
Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the
Coastal Commission prepared and approved two portions of the LCP, the Mello I
and II segments in 1980 and 1981, respectively. This special legislation was
unique in that the Commission was directed to prepare and certify the City's
LCP. Pursuant to the legislation, the LCP was adopted under prescribed time
limits. However, the final steps of approval ("Effective Certification") were
not taken due to work constraints and subsequent disagreements over certain
policies relating to preservation of environmentally sensitive areas and
agricultural lands. That is, the City declined to adopt the Commission
adopted land use plans and implementing ordinances for the LCP. However,
LCPA 1-97A
Page
as a result of the special legislation, the LCP was deemed "effectively
ied" but not in any real terms since the City was not administering it.
again as
certifi
In the intervening years, the four remaining LCP segments were created but,
again, absent any effective certification. Thus, the Coastal Commission
continued to issue coastal development permits based on the certified LCP.
In 1996, necessary actions were taken to finalize both City adoption of its
LCP and complete the administrative steps necessary to assume permit
authority. As a result of the effective certification review, the Commission
concurred with the Executive Director's determination at the October, 1996
hearing, that the City would be assuming coastal development permit authority
for the Hello I, Mello II, West Batiquitos Lagoon/Sammis Properties and East
Batiquitos Lagoon/Hunt Properties LCP segments. On October 21, 1996, the City
began issuing coastal development permits for these segments. It has been
issuing coastal development permits for the Village Redevelopment Area since
its certification in 1988. The City has decided not to seek permit authority
for one other LCP segment, the Agua Hedionda Lagoon Specific Plan area, as it
is presently being considered for a land use plan update.
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP Amendment #1-97 may be
obtained from Bill Ponder. Coastal Planner, at (619) 521-8036.
LCPA 1-97A
PART I. OVERVIEH
A. STANDARD OF REVIEN
The standard of review for land use plans, or their amendments, is found in
Section 30512 of the Coastal Act. This section requires the Commission to
certify an LDP or LDP amendment if it finds that it meets the requirements of
Chapter 3 of the Coastal Act. Specifically, it states:
Section 30512
(c) The Commission shall certify a land use plan, or any amendments
thereto, if it finds that a land use plan meets the requirements of, and
is in conformity with, the policies of Chapter 3 (commencing with Section
30200). Except as provided in paragraph (1) of subdivision (a), a
decision to certify shall require a majority vote of the appointed
membership of the Commission.
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject
zoning ordinances or other implementing actions, as well as their amendments,
on the grounds that they do not conform with, or are inadequate to carry out,
the provisions of the certified land use plan. The Commission shall take
action by a majority vote of the Commissioners present.
B. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to
the various components of the subject amendment request. All of those local
hearings were duly noticed to the public. Notice of the subject amendment has
been distributed to all known interested parties.
PART II. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the
following resolutions and findings. The appropriate motion to introduce the
resolution and a staff recommendation are provided just prior to each
resolution.
A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad
Land Use Plan Amendment 1-97A (LCPA #96-11), as submitted)
MOTION I
I move that the Commission certify the Seapointe land use plan amendment,
as submitted.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution
and findings. An affirmative vote by the majority of the appointed
Commissioners is needed to pass the motion.
LCPA 1-97A
Page
Resolution I
The Commission hereby certifies the amendment to the City of Carlsbad's
Local Coastal Program and adopts the findings stated below on the grounds
that the land use plan, as amended, meets the requirements of and is in
conformity with the policies of Chapter 3 (commencing with Section 30200)
of the California Coastal Act to the extent necessary to achieve the basic
state goals specified in Section 30001.5 of the Coastal Act; the land use
plan, as amended, will contain a specific access component as required by
Section 30500 of the Coastal Act; the land use plan, as amended, will be
consistent with applicable decisions of the Commission that shall guide
local government actions pursuant to Section 30625(c); and certification
of the land use plan amendment meets the requirements of Section
21080.5(d)(2)(i) of the California Environmental Quality Act, as there
would be no feasible mitigation measures or feasible alternatives which
would substantially lessen significant adverse impacts on the environment.
B. RESOLUTION II (Resolution to deny certification of portions of the City
of Carlsbad Land Use Plan Amendment 1-97A (LCPA
#96-02/LCPA #96-13: Aviara Planning Area 33), as
submitted)
MOTION II
I move that the Commission certify the land use plan amendments for Aviara
Planning Areas 23 and 33, as submitted.
Staff Recommendation
Staff recommends a NO vote and the adoption of the following resolution
and findings. An affirmative vote by a majority of the appointed
Commissioners is needed to pass the motion.
Resolution II
The Commission hereby denies the amendment to the City of Carlsbad's Local
Coastal Program and adopts the findings stated below on the grounds that
the land use plan, as amended, does not meet the requirements of and is
not in conformity with the policies of Chapter 3 (commencing with Section
30200) of the California Coastal Act to the extent necessary to achieve
the basic state goals specified in Section 30001.5 of the Coastal Act; the
land use plan, as amended, will not be consistent with applicable
decisions of the Commission that shall guide local government actions
pursuant to Section 30625(c); and certification of the land use plan
amendment does not meet the requirements of Section 21080.5(d)(2)(i) of
the California Environmental Quality Act, as there would be feasible
mitigation measures or feasible alternatives which would substantially
lessen significant adverse impacts on the environment.
LCPA 1-97A
Page"*"
C. RESOLUTION III (Resolution to approve certification of portions of the
City of Carlsbad Land Use Plan Amendment 1-97A (LCPA
#96-02/LCPA #96-13: Aviara PA 33, if modified)
MOTION III
I move that the Commission certify the land use plan amendments for Aviara
Planning Areas 23 and 33, if modified.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution
and findings. An affirmative vote by the majority of the appointed
Commissioners is needed to pass the motion.
Resolution III
The Commission hereby certifies the amendment to the City of Carlsbad's
Local Coastal Program, if modified, and adopts the findings stated below
on the grounds that the land use plan, as amended, meets the requirements
of and is in conformity with the policies of Chapter 3 (commencing with
Section 30200) of the California Coastal Act to the extent necessary to
achieve the basic state goals specified in Section 30001.5 of the Coastal
Act; the land use plan, as amended, will contain a specific access
component as required by Section 30500 of the Coastal Act; the land use
plan, as amended, will be consistent with applicable decisions of the
Commission that shall guide local government actions pursuant to Section
30625(c); and certification of the land use plan amendment meets the
requirements of Section 21080.5(d)(2)(i) of the California Environmental
Quality Act, as there would be no feasible mitigation measures or feasible
alternatives which would substantially lessen significant adverse impacts
on the environment.
D. RESOLUTION IV (Resolution to approve the City of Carlsbad Implementation
Plan Amendment 1-97A (LCPA #96-11/LCPA #97-03), as
submitted)
MOTION IV
I move that the Commission reject the Seapointe rezoning and Chapter
21.83, as submitted.
Staff Recommendation
Staff recommends a NO vote and the adoption of the following resolution
and findings. An affirmative vote by a majority of the Commissioners
present is needed to pass the motion.
CarlsJJd LCPA 1-97A
Page W
Resolution IV
The Commission hereby certifies the amendment to the City of Carlsbad's
Local Coastal Program on the grounds that the amendment conforms with, and
is adequate to carry out, the provisions of the certified land use plan.
There are no feasible alternatives or feasible mitigation measures
available which would substantially lessen any significant adverse impacts
which the approval would have on the environment.
E. RESOLUTION V (Resolution to reject portions of the City of Carlsbad
Implementation Plan Amendment 1-97A (LCPA #96-02/LCPA
#96-13: Aviara PA 33), as submitted)
MOTION V
I move that the Commission reject the implementation plan amendments for
Aviara Planning Areas 23 and 33, as submitted.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution
and findings. An affirmative vote fay a majority of the Commissioners
present is needed to pass the motion.
Resolution V
The Commission hereby denies the amendment to the City of Carlsbad's Local
Coastal Program on the grounds that the amendment is inadequate to carry
out the provisions of the certified land use plan. There are feasible
alternatives or feasible mitigation measures available which would
substantially lessen any significant adverse impacts which the approval
would have on the environment.
F. RESOLUTION VI (Resolution to approve portions of the City of Carlsbad
Implementation Plan Amendment 1-97A (LCPA #96-02/LCPA
#96-13: Aviara PA 33), if modified)
MOTION V
I move that the Commission approve the implementation plan amendments for
Aviara Planning Areas 23 and 33, if modified.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution
and findings. An affirmative vote by a majority of the Commissioners
present is needed to pass the motion.
Resolution VI
The Commission hereby certifies the amendment to the City of Carlsbad's
LCPA 1-97A
Local Coastal Program on the grounds that the amendment conforms with, and
is adequate to carry out, the provisions of the certified land use plan.
There are no feasible alternatives or feasible mitigation measures
available which would substantially lessen any significant adverse impacts
which the approval would have on the environment.
PART III. SUGGESTED MODIFICATIONS (The following are the suggested revisions
for this amendment request. Language to be added is underlined; language to
be deleted is
Land Use Plan/Implementation Plan Revisions.
1. On page 162 of the Aviara Master Plan, under Planning Area 23, a new
section entitled "Trails", shall be added to read as follows:
1. Trails
A portion of the community trail linking Alga Road and Poinsettia Lane is
located along the easterly edge of the site. Construction of this trail
shall be a condition of development of this planning area. Revision to
the trail alignment in this segment may occur, in consultation with the
State Department of Fish and Game and the U.S. Fish and Wildlife Service.
to extend south to a connection with Alga Road and avoid environmentally
sensitive habitat areas.
2. On page 194a of the Aviara Master Plan, under Planning Area 33, the
following language shall be added to the existing section entitled
"Parking", to read as follows:
Parking
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code. A minimum six (6) public parking spaces shall be provided
in perpetuity at the public parking lot located near the southerly
terminus of Brocatto Lane.
3. On page 194c of the Aviara Master Plan, under Planning Area 33, the
following language shall be added to the existing section entitled "Entry
Treatment", to read as follows:
Entry Treatment
A neighborhood entry with monument sign shall be located at the
intersection of Gabbiano Lane with Batiquitos Drive, and at the entrance
to the northerly segment of the Planning Area at Anatra Court with
Batiquitos Drive. A primary community entry with signage shall be located
at the westerly entry to this Planning Area, along both sides of
Batiquitos Drive. A public access trail signage improvement plan shall be
implemented which demonstrates a full program for providing directional.
parking lot and trailhead signs for that portion of the North Shore Trail
that is on Planning Area 33.
CarlsMd LCPA 1-97A
Page W
PART IV. FINDINGS FOR APPROVAL OF THE SEAPQINTE LAND USE PLAN AMENDMENT. AS
SUBMITTED
A. AMENDMENT DESCRIPTION/SEAPOINTE RESORT EXPANSION
This amendment would change the land use designation in the certified Mello II
LCP plan area from Office to Travel Recreation/Commercial and the zoning
designation from Office to Commercial-Tourist on a vacant .5 acre parcel at
the northeast corner of Surfside Lane and Island Way in Carlsbad. The site is
vacant and has been used in the past for agricultural production. Access to
the site is directly off Carlsbad Boulevard (Old Highway 101), which is a
major arterial serving inter-regional traffic and providing coastal access.
LCPA #2-94(A) approved the land use redesignation of a 2.35 acre portion of a
8.02 acre site from Office (0) to Travel Services Commercial (TS) and approved
its rezoning from Office (0) to Commerical Tourist (CT). This LUP designation
change was proposed to accommodate the development of the overall site with a
78-unit timeshare resort. The timeshare was built and is now operating. The
current amendment would allow for the expansion of the Seapointe timeshare
resort by 17 units.
B. CQNFQRMANCE HITH SECTION 30001.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that
the land use plan amendment is consistent with the policies and requirements
of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic
state goals specified in Section 30001.5 of the Coastal Act which states:
The Legislature further finds and declares that the basic goals of
the state for the coastal zone are to:
a) Protect, maintain and where feasible, enhance and restore the
overall quality of the coastal zone environment and its natural and
manmade resources.
b) Assure orderly, balanced utilization and conservation of coastal
zone resources taking into account the social and economic needs of the
people of the state.
c) Maximize public access to and along the coast and maximize public
recreational opportunities in the coastal zone consistent with sound
resource conservation principles and constitutionally protected rights of
private property owners.
d) Assure priority for coastal-dependent and coastal-related
development over other developments on the coast.
e) Encourage state and local initiatives and cooperation in
preparing procedures to implement coordinated planning and development for
mutually beneficial uses, including educational uses, in the coastal zone.
CaAiad LCPA 1-97A
Page!0
C. CHAPTER 3 CONSISTENCY
1. Visitor Uses/Public Recreation/Priority Uses
The Coastal Act promotes and preserves a full range of public access
opportunities along the shoreline, including the provision of lower cost
visitor-serving facilities which serve and support coastal visitors. Section
30221 provides for the protection of oceanfront land suitable for recreational
use unless present and foreseeable future demand obviates such protection;
Section 30222 gives priority for the use of private lands suitable for
visitor-serving commercial recreational facilities to the exclusion of
residential, general commercial and other uses. Section 30223 provides that
upland areas necessary to support coastal recreational uses shall be
reserved.
Regarding the Seapointe amendment, the site was analyzed by the City within a
larger study, Seapointe Carlsbad, in 1986 to determine appropriate land uses
for a 340 acre area. The study recommended that the site be designated as
Residential Medium High (RMH) with an alternative of Office (0).
The Office land use was selected because of the site's proximity to the Encina
Hastewater Treatment Facililty. The "Office" land use designation was
considered more appropriate than residential because daytime odor impacts from
the treatment plant are less and an office is used primarily in the daytime.
Also, because of exceptional view opportunities, the location was considered
to be prime for view offices. Since the adoption of the Seapointe General
Plan Amendment, extensive work has been done on the wastewater plant to
inhibit release of odors into the surrounding area.
The study included a discussion of the site as a visitor or recreation
oriented location. The study stated that, because the site is located away
from the Palomar Airport Road and Poinsettia Lane freeway intersections, it is
less competitive as visitor or recreation-serving property. However, the view
was noted as desirable for office or residential uses.
As noted, LCPA #2-94(A) approved the land use redesignation of a 2.35 acre
portion of a 8.02 acre site from Office (0) to Travel Services Commercial (TS)
and approved its rezoning from Office (0) to Commerical Tourist (CT). This
LDP designation change was proposed to accommodate the development of the
overall site with a 78-unit timeshare resort. The timeshare was built and is
now operating. The current amendment would allow for the expansion of the
Seapointe timeshare resort by 17 units.
In LCPA #2-94(A), the Commission found that although the proposed land use
change would result in increases in water and sewer use over that anticipated
to occur under the office designation, those incremental increases were not
anticipated to have any significant, adverse impacts on coastal resources. On
the positive side, the Commission found the proposed use is a higher priority,
visitor-serving use under the Coastal Act and anticipated traffic generation
would be less with the proposed use.
Section 30222 of the Coastal Act provides that the use of private lands
LCPA 1-97A
Page
suitable for visitor-serving commercial recreational facilities designed to
enhance public opportunities for coastal recreation shall have priority over
private residential, general industrial or general commercial development, but
not over agriculture or coastal-dependent industry. The project site is
situated in a location that would attract visitor-serving use. Although not
located between the first public road and the sea, the site is adjacent to a
popular destination point, the Carlsbad State Beach, a campground operated by
the State Department of Parks and Recreation. This campground features
blufftop camping sites and public beach below. Access to the site is directly
off Carlsbad Boulevard (Old Highway 101), which is a major arterial serving
inter-regional traffic and providing coastal access opportunities.
The amendment proposes a change in land use from a general commercial use,
office, to a visitor-serving commercial use, travel recreation/commercial.
The existing office use designation of the site is a much lower priority land
use under the Coastal Act than the proposed visitor-serving commercial
designation. Therefore, as before and for the same reasons, the Commission
finds the proposed redesignation can be found consistent with Section 30222 of
the Coastal Act.
2. Visual Resources. Section 30251 of the Coastal Act states in part:
The scenic and visual qualities of coastal areas shall be considered
and protected as a resource of public importance. Permitted development
shall be sited and designed to protect views to and along the ocean and
scenic coastal areas, to minimize the alteration of natural land forms, to
be visually compatible with the character of surrounding areas, and, where
feasible, to restore and enhance visual quality in visually degraded
areas
Section 30251 of the Coastal Act provides that new development must be sited
and designed to protect and preserve scenic resources. Regarding the Seapoint
site, the site is located on the inland side of Carlsbad Boulevard as part of
an inland bluff system. Because of the site's elevation above the roadway and
the adjacent Carlsbad State Beach, any development at this location would be
seen from a number of scenic areas and features, including the state park,
Carlsbad Boulevard, the beach and distant views east of 1-5. The Commission
approved the timeshare project with a landscaping condition designed to
minimize the bulk and scale of the timeshare project from Old Highway 101
(Carlsbad Boulevard).
Mello II LUP Policy 8-1 provides that a Scenic Preservation Overlay Zone will
be applied to new development to assure the maintenance of existing views and
panoramas and that building sites should undergo review to determine if
proposed development will obstruct views or otherwise damage the visual beauty
of the area. The policy notes the Planning Commission should enforce
appropriate height limitations and see-through construction, as well as
minimize any alterations to topography.
The City will be reviewing a specific project design against this policy when
it considers a coastal development permit for the development of the site.
LCPA 1-97A
Page
The .5 acre site is located adjacent to the main site. The policy provides
the City the flexibility to minimize the visual impact of that project, if
warranted, through a possible project redesign. Because the site is visible
from 1-5, the City may be interested in requiring landscaping to minimize the
project's visual impact from 1-5. Based on these existing LCP provisions, the
Commission finds the land use change can be found consistent with Section
30251 of the Coastal Act.
3. Environmentally Sensitive Habitat Areas. Section 30240 states:
(a) Environmentally sensitive habitat areas shall be protected
against any significant disruption of habitat values, and only uses
dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive
habitat areas and parks and recreation areas shall be sited and designed
to prevent impacts which would significantly degrade those areas, and
shall be compatible with the continuance of those habitat and recreation
areas.
Regarding the Seapointe amendment, LCPA #2-94(A) approved the land use
redesignation of a 2.35 acre portion of a 8.02 acre site from Office (0) to
Travel Services Commercial (TS) and approved its rezoning from Office (0) to
Commerical Tourist (CT). This LUP designation change was proposed to
accommodate the development of the overall site with a 78-unit timeshare
resort. The timeshare resort was built and is now operating. The subject
amendment would allow for the expansion of the Seapointe timeshare resort by
17 units.
The .5 acre developable portion of the property is vacant and has been used in
the past for agricultural production. There are no coastal resources on this
portion of the site. The remainder of the 5.67 acre site is undevelopable,
designated as open space in the LCP, and contains floodway and associated
wetland vegetation of Canyon De Las Encinas Creek. The Mello II LUP contains
a number of policies to protect such sensitive areas from adverse impacts
associated with new development. These policies provide for the control of
runoff into habitat areas and establish a 100 foot buffer between new
development and identified resources. Nhile no resouces exist on= the site,
the impacts of future development on this site will be determined in a future
City action on a permit application for that project. As with any
development, the applicable policies of the certified LCP would remain in
effect, including the policies concerning the provision of suitable buffers
around wetland areas, floodplain development restrictions, development on
steep slopes, protection against visual impacts of new development, etc.
Based on these assurances, the Commission finds the land use change can be
found consistent with Section 30240 of the Coastal Act.
Carlfcd LCPA 1-97A
PART V. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD LAND USE PLAN AMENDMENT
1-97A. AS SUBMITTED—AVIARA PLANNING AREAS 23 AND 33
A. AMENDMENT DESCRIPTION
1. Aviara Planning Area 23
The proposed amendment to Planning Area (PA) 23 allows a land use/product
change from Neighborhood Commercial to Residential Medium Density and proposes
development standards for the new multi-family product type. PA 23 is
presently zoned Planned Community (P-C) and designated Neighborhood Commercial
(N) in the Mello I LCP. The site is located within the Mello I segment of the
LCP north of Aviara Parkway (Alga Road). Partially developed with the Aviara
Information Center, PA 23 is mostly a vacant, previously graded area.
Adjacent to the graded pad is a SDG&E easement that contains the master plan
recreational vehicle storage area and natural open space. To the north of the
site are Zone 20 agricultural properties and to the east are natural open
space areas. West of the site is a small open space area and PA 16, a
townhome condominium development and to the south is PA 12, a clustered single
family condominium development.
2. Aviara Planning Area 33/Azure Cove
The amendment adds new PA 33 to be annexed to the Aviara Master Plan. The
site is approximately 41 acres and was previously approved by the Coastal
Commission for 72 single family units in a development known as Brocatto.
Since the Azure Cove development is directly adjacent to the Aviara Master
Plan and shares similar open space types and maintenance responsibilities, the
common lands of Azure Cove (17.85 acres of coastal sage scrub and the
Batiquitos Lagoon wetlands buffer) were annexed by the Aviara Master
Homeowner's Association in 1996. The Commission approved a coastal
development permit (CDP #6-90-311, Brocatto) for the project that is currently
being built on the site by Brookfield Carlsbad. No changes are proposed to
the development with this amendment.
B. CONFORMANCE HITH SECTION 30001.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that
the land use plan amendments are inconsistent with the policies and
requirements of Chapter 3 of the Coastal Act to the extent necessary to
achieve the basic state goals specified in Section 30001.5 of the Coastal Act,
as cited above.
C. CHAPTER 3 CONFLICTS
1. Public Access/Public Recreation/Priority Uses
Section 30210 of the Coastal Act provides that maximum access and recreational
opportunities shall be provided for all the people consistent with public
safety needs and the need to protect public rights, rights of private property
owners, and natural resource areas from overuse. Section 30223 further
LCPA 1-97A
provides that upland areas necessary to support coastal recreational
opportunities shall be reserved.
Relative to PA 23, the Aviara Phase III master subdivision design, which
includes PA 23, includes two major community trails, available to the general
public, as well as those residents of the Aviara community, that provide a
segment of north/south pedestrian access from the community park and
Poinsettia Lane located at the north end of Phase III to Aviara Parkway and
ultimately the North Shore Trail of Batiquitos Lagoon. The North Shore Trail
is an important visitor destination point for hikers, bicyclists and
bird-watchers. The Commission has found both the upland community trails and
the North Shore Trail are necessary public access and recreation components of
the Aviara Master Plan. In its approval of the Aviara Master Plan, the
Commission found the trail system was necessary to find master plan
development consistent with the public access and recreation requirements of
the Coastal Act by providing the upland linkages to the lagoon.
The master plan identifies that one of the community trails in Phase III
traverses the eastern section of PA 23, continuing southward from PA 22. In
LCPA #1-94(8), the Commission approved a suggested modification regarding this
trail. The modification stated that construction of the trail shall be a
condition of development of this planning area and that any revision to the
trail alignment in this segment may only occur in consultation with the
Department of Fish and Game and the U.S. Fish and Wildlife Service.
The community trail proposed to traverse PA 23 has been omitted from the
master plan text language. That is, in its updating of the master plan
language regarding the change of land use from Neighborhood Commercial to
Residential, the City inadvertently deleted the reference to the trail within
PA 23. As before, the Commission finds the deletion of any community trail
segment is unacceptable; therefore, the amendment must be denied as it cannot
be found consistent with the applicable Coastal Act sections.
Turning to PA 33/Azure Cove, the master plan identifies that new PA 33
incorporates a pedestrian nature trail, the North Shore Trail, which shall be
located along the north shore of Batiquitos Lagoon consistent with the
Carlsbad LCP. Both PAs 1 and 28, the other planning areas that contain a
portion of the North Shore Trail, have similar master plan language. The
Mello II LCP provides that an offer to dedicate land for public recreation
use, in favor of the City of Carlsbad or State Coastal Conservancy and
irrevocable for a term of 21 years, shall be required as a condition of
development. The required land dedication shall be of a size adequate to
accommodate public use facilities including some picnic tables and public
parking, and shall include a public access trail parallel to the lagoon shore
of at least 15 feet in width with unobstructed views to the lagoon. An offer
to dedicate a public access easement was required by the City of Carlsbad for
the segment of the North Shore Trail on the Azure Cove site. The trail has
been constructed.
The master plan also recognizes a public parking lot that was approved by the
Commission for users of the North Shore Trail. Six public spaces were
Carls^Kf LCPA 1-97A
Page W
approved near the southerly terminus of Brocatto Lane (now Gabblano Lane).
While the master plan recognizes the public parking lot, it does not specify
the number of parking spaces that were approved for the public. The
Commission finds that the master plan must provide specific notice that six
public parking spaces must be reserved for public use to be found consistent
with the public access provisions of the Coastal Act. Additionally, while
these spaces would be made available to the public, there is no signage
proposed that would direct the public to the parking spaces and ultimately the
North Shore Trail. The Commission finds a public trail signage improvement
plan is necessary to notify the public of coastal access opportunities.
Without the assurances of the sign plan and the reservation of a specific
number of parking spaces to be reserved for public use, the Commission finds
that the proposed amendment request cannot be found consistent with the
recreation and visitor-serving policies of the Coastal Act and must be denied.
Also, in regards to public access and recreation, because the Azure Cove site
is located between the first public road and the sea, the Commission must find
that it can be found consistent with the public access and recreation policies
of the Coastal Act. One of the concerns regarding public access is the trend
that new development in these locations often times propose locked-gate
communities to increase the marketability of the project. These gated
communities only let lot owners and guests onto the private streets of the
community; the general public is not allowed to enter the development. The
concern is that coastal visitors may not be able to access the North Shore
Trail on the Azure Cove site if the subdivision is allowed as a gated
community. As noted, six public parking spaces are being reserved solely for
the purpose of providing public access/parking opportunities for the North
Shore Trail on the Azure Cove site. The Azure Cove project proposes a
neighborhood entry with monument sign at two locations and a primary community
entry with signage located at the westerly entry to the planning area, along
both sides of Batiquitos Drive. According to the City of Carlsbad, this entry
treatment is not that of a locked-gate community and the subdivision streets
would have to be made private (they are currently public) for the project to
receive local approval for a gated community. The Commission notes that such
a proposal would also have to separately obtain a local coastal program
amendment and Commission endorsement.
PART VI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD LAND USE PLAN
AMENDMENT 1-97A. IF MODIFIED—AVIARA PLANNING AREAS 23 AND 33
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that
the City of Carlsbad Land Use Plan amendment, as set forth in the resolution
for certification with suggested modifications, is consistent with the
policies and requirements of Chapter 3 of the Coastal Act to the extent
necessary to achieve the basic state goals specified in Section 30001.5 of the
Coastal Act, as previously cited.
A. Planning Area 23/Chapter 3 Consistency
Sections 30210 and 30223 provide for mazimizing public access and recreation
Carlfcd LCPA 1-97Agfcd
^
opportunities for the public. As noted, in LCPA #1-94(8), the Commission
approved a suggested modification regarding the community trail located along
the easterly edge of the PA 23 site. The modification stated that
construction of this trail shall be a condition of development of this
planning area and that any revision to the trail alignment in this segment may
only occur in consultation with the Department of Fish and Game and United
States Fish and Wildlife Service.
The community trail proposed to traverse PA #23 has been omitted from the
master plan text language. That is, in its updating of the master plan
language regarding the change of land use from Neighborhood Commercial to
Residential, the City inadvertently deleted the reference to the trail within
PA 23. As before, the Commission finds the deletion of any community trail
segment is unacceptable. Therefore, the attached suggested modification
provides for the inclusion of the trail and specifies that any revisions to
trail alignments in Planning Area 23 must occur in consultation with the
resource agencies so that the least environmentally-damaging alignment can be
determined. Thus, the Commission finds that the proposed amendment request,
as modified, can be found consistent with the public access and recreation
policies of the Coastal Act.
Section 30250(a) of the Coastal Act states, in part:
(a) New residential, commercial, or industrial development, except as
otherwise provided in this division, shall be located within, contiguous
with, or in close proximity to, existing developed areas able to
accommodate it or, where such areas are not able to accommodate it, in
other areas with adequate public services and where it will not have a
significant adverse effects, either individually or cumulatively, on
coastal resources.
Section 30250 of the Coastal Act provides that new development be concentrated
in existing developed areas containing adequate services to accommodate it.
In reviewing the proposed LUP designation change for this site, the Commission
notes the relatively limited issues associated with such a change. The
Commission has previously certified the land use designation of the site for
neighborhood commercial development and, through that action, has clearly
anticipated that intense development of the site would occur.
In its analysis, the City found that, when applying applicable design and
development standards (height, setback and lot coverage standards), physical
buildout of the site with either a commercial use or residential use could
result in a site plan featuring structures with a similar height and mass.
The City found the area of development would remain the same, whether the site
is developed as a residential or commercial project, therefore the surrounding
environmentally sensitive resources would remain undisturbed. Other
benchmarks for comparison included Average Daily Traffic (ADT), Equivalent
Dwelling Units (EDU) for the purpose of estimating sewer capacity and Gallons
Per Day (GPD) for estimating water needs. Regarding ADT, 8,400 ADT would be
generated by a 120,000 sq.ft. commercial use while only 1,136 ADT would be
generated by 142 dwelling units. The effect of fewer trips would reduce
potential traffic-related impacts to roadways and intersections.
CarlsbLCPA 1-97A
Page
The City's review of sewer and water capacity indicated that residential use
would create a greater contribution to sewers and require a greater daily
supply of water than a commercial use (EDU and GPD of a 142 unit residential
project is 142 and 31,240 while EDU and GPD of 120,000 sq. ft. commercial use
project is 86 and 18,920). The City found that although slight increases in
water and sewer demands are anticipated, existing capacities in those areas
are adequate to serve the project and the project would not be
growth-inducing. The Commission concurs and finds that the subject LUP
amendment is consistent with Section 30250(a) of the Coastal Act.
The existing master plan regulations for PA 23 call for a maximum of 120,000
sq.ft. of neighborhood commercial uses. The amendment would accommodate the
development of the site with a 147 unit residential project. The commercial
site was originally placed in the master plan to reserve land uses in case
commercial development was needed in the future. These commercial uses were
identified to include convenience retail, barber and beauty shops,
professional offices and/or financial institutions. The P-C zone and the
Aviara Master Plan call for a balanced mix of uses, and neighborhood
commercial opportunities were chosen to fulfill that provision within Aviara.
Since the original approval of the Aviara Master Plan in 1988, nearby
commercial opportunities have grown with the expansion of the Poinsettia
Village commercial center at Poinsettia Lane, west of Interstate 5, and the
construction of the Plaza Paseo shopping center at Aviara Parkway and El
Camino Real (both containing over 145,000 sq.ft. of retail space).
Additionally, there are undeveloped or redeveloping commercially designated
properties at the southwest corner of Poinsettia Lane and 1-5 and the
northeast corner of El Camino Real and La Costa Avenue. After conducting a
recent marketing study that analyzed the commercial trade areas for
neighborhood centers at buildout of the southwest quadrant of the city, Aviara
determined that the site was not economically viable for commercial uses due
to the proximity of these commercial centers to the Aviara Master Plan; hence,
the current land use change request.
The policies of the Mello I LUP emphasize topics such as preservation of
agriculture and scenic resources, protection of environmentally sensitive
resources, provision of shoreline access and prevention of geologic
instability and erosion. There are no agricultural activities on prime
agricultural lands within PA 23. The area of development would remain the
same, whether the site is developed as a proposed 147 unit residential project
or as a 120,000 sq.ft. commercial project, therefore the surrounding
environmenally sensitive resources would remain undisturbed. Thus, the
Commission can find the proposed land use change for PA 23 is consistent with
Sections 30240 and 30251 of the Coastal Act.
B. Planning Area 33/Chapter 3 Consistency
Again, Section 30210 of the Coastal Act provides that public access and
recreation opportunities be maximized. The Aviara master plan also recognizes
a public parking lot that was approved by the Commission for users of the
North Shore Trail. Six public spaces were approved near the southerly
d LCPA 1-97A
8
terminus of Brocatto Lane. While the master plan recognizes the public
parking lot, it does not specify the number of parking spaces that were
approved for the public. Additionally, while public parking spaces are
provided, no signage alerting the public of this access and recreation
opportunity is proposed. The Commission finds that the master plan must
provide specific notice that six public parking spaces must be reserved for
public use in perpetuity and that public access signage is provided to direct
the public to such amenities in order to be found consistent with the public
access and recreation policies of Sections 30210 and 30212 of the Coastal
Act.
Relative to coastal resources, as noted, the Commission has previously
approved the development on the Azure Cove site in CDP #6-90-311, Brocatto.
The Commission's approval was for a 72 unit, single family subdivision
covering approximately 23.10 net acres, surrounded by an additional 17.85
acres of open space (i.e., coastal sage scrub and the Batiquitos Lagoon
wetlands buffer), located immediately upland to the north shore of Batiquitos
Lagoon between Aviara and 1-5, directly west of Aviara PAs 29 and 30. With
regards to preserving and protecting on-site coastal resources, the City has
written the master plan text language consistent with the Commission's permit
approval. The Master Plan text and graphic shows that the appropriate open
space areas have been identified as approved by the Commission (i.e., steep
slopes on the western and eastern edges and a portion of the north-central
segment of the planning area). Also, the master plan identifies a minimum 100
foot setback from the lagoon wetlands shall be maintained for all structures.
The master plan further identifies that the eucalyptus grove in the
southwesterly portion of the site shall be preserved, and residential units
shall be constructed with earthtone colors. The Commission finds the
amendment can be found consistent with Section 30240 of the Coastal Act and
coastal resources will be preserved.
Regarding visual resource concerns, the master plan identifies that the
eucalyptus grove in the southwesterly portion of the site shall be preserved,
and residential units shall be constructed with earthtone colors to minimize
the impacts of residential development. The Commission thus finds the
amendment can be found consistent with Section 30251 of the Coastal.
PART VII. FINDINGS FOR APPROVAL OF PORTIONS OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT 1-97A AS SUBMITTED—SEAPOINTE
REZONING/CHILD CARE FACILITIES
A. AMENDMENT DESCRIPTION
1. SEAPOINTE REZONING
Regarding the Seapointe amendment, the City of Carlsbad LCP Implementation
Program (IP) principally takes the form of the City's Zoning Code. The
proposed IP amendment has been submitted in the form of an ordinance which
would change the zoning of the Seapointe property from 0 (Office) to
Commercial-Tourist (C-T). No other changes to the implementation program are
proposed.
Car 11 LCPA 1-97A
Page
B. FINDINGS FOR CERTIFICATION
a) Purpose and Intent of the Ordinance. The purpose and intent of the
zoning amendment is to allow a zone change from Office to Commercial-Tourist
on a 0.5 acre parcel with frontage on the landward side of Carlsbad Boulevard
(designated as the first coastal road) in Carlsbad.
b) Major Provisions of the Ordinance. The City's ordinance provides for
the change of zoning of the identified parcel from 0 (Office) to C-T
(Commercial-Tourist). The C-T zone permits development which allows for
hotels, motels, restaurants and commercial recreation facilities principally.
This would allow development of the site with commercial recreational uses.
Motels, hotels, and restaurant uses would be permitted by right and timeshares
would be permitted as a conditional use.
c) Adequacy of Ordinance to Implement the Certified LUP. The standard of
review for LCP implementation submittals or amendments is their consistency
with and ability to carry out the provisions of the certified LUP. The City's
Zoning Code serves, in part, as the Implementation Program for the Hello II
segment of the LCP. C-T is a zoning designation that implements the Travel
Recreation/Commercial land use designation. Therefore, since the proposed
rezoning would implement the LUP redesignation approved above, the Commission
finds that the subject amendment to the Implementation Program is consistent
with and adequate to carry out the policies of the certified LUP.
2. CHILD CARE FACILITIES ORDINANCE
Regarding the child care center amendment, the amendment modifies the City's
zoning ordinance city-wide and is applicable outside of the Redevelopment
Area. Consequently it will involve the Mello I, Hello II, Agua Hedionda, East
Batiquitos/Hunt and West Batiquitos/Sammis segments of the Carlsbad LCP.
B. FINDINGS FOR CERTIFICATION
a) Purpose and Intent of the Ordinance. The purpose and intent of the
zoning amendment is to add Chapter 21.83 to the Carlsbad Municipal Code and
amend various sections to the zoning ordinance to address the provision of
small and large family day care homes as well as child day care centers
throughout the City.
b) Halor Provisions of the Ordinance. Chapter 21.83 addresses revisions
to child care regulations as follows:
1. Updates current regulations with regard to small and large family day
care homes to provide consistency with State Law;
2. Provides development standards for child care day care facilities;
3. Allows child day care centers in certain zones as a permitted use and
other zones as a permitted use approved by administrative permit;
LCPA 1-97A
4. Permits child day care centers in industrial zones as an ancillary
use with approval of a conditional use permit;
5. Requires new master plans to reserve a site for child day care
centers; and
6. Amends the zoning ordinance to revise current day care requirements
and presents these regulations as a new Chapter (21.83) of the zoning
ordinance to create a more user-friendly document for potential child
care providers.
c) Adequacy of Ordinance to Implement the Certified LUP. The standard of
review for LCP implementation submittals or amendments is their consistency
with and ability to carry out the provisions of the certified LUP. In the
case of the subject LCP amendment, the City's Zoning Code serves as the
Implementation Program for the various segments of the LCP. Small and large
family day care homes and child day care centers are permitted in a number of
zones by right or subject to approval of either an administrative permit or a
conditional use permit. Such uses are generally allowed in all land use
categories, except those specifically reserved for visitor commercial
development. Most importantly, the day care uses will not allowed in the
visitor-commercial zone (Commercial-Tourist) where conflicts between higher
priority uses such as restaurants and hotels and the day care uses would be
created. Additionally, the proposed amendment is limited in its nature and
will not change existing LCP regulations prohibiting or restricting
development on sensitive slopes, bluff tops, wetlands or agricultural lands.
It will not change any requirements for vista points or view corridors.
Therefore, the Commission finds that the subject amendment to the
Implementation Program is consistent with and adequate to carry out the
policies of the certified LUP.
PART VIII. FINDINGS FOR DENIAL OF PORTIONS OF THE CITY OF CARLSBAD
IMPLEMENTATION PLAN AMENDMENT 1-97A. AS SUBMITTED—AVIARA PLANNING
AREAS 23 AND 33
1. AMENDMENT DESCRIPTION/AVIARA MASTER PLAN REVISIONS
:
Regarding the Aviara Master Plan amendments, the Mello I and Mello II LCP
segments include, in part, the use of the Master Plan as the Implementation
Program for those portions of the land use plan segments which correspond to
the Master Plan. As such, the proposed amendments to the Implementation
Program are identical to that of the LUP, as discussed above. The development
standards referenced above for PA 23 would also constitute IP revisions here.
In addition to those revisions for PA 33, the subject amendment would also
rezone the Azure Cove site from R-l and OS to P-C, consistent with other
Aviara master planned properties.
B. FINDINGS FOR CERTIFICATION
The standard of review for LCP implementation submittals or amendments is
CarlsiBl LCPA 1-97A
Page ™
their consistency with and ability to carry out the provisions of the
certified LUP. In the case of the subject Aviara Master Plan amendments, the
Master Plan serves as both the LUP and Implementation Program for those
portions of the Mello I and Mello II segments that is the subject of the
Master Plan. Given that the identical document serves as both the planning
and implementation documents, the Commission finds that the proposed
amendments are inconsistent with the corresponding certified land use plans
and must be denied, as submitted.
PART IX. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN
AMENDMENT 1-97A IF MODIFIED—AVIARA PLANNING AREAS 23 AND 33
As revised in the suggested modifications, the proposed amendments to the
Aviara Master Plan contain a level of detail and specificity corresponding to
that previously approved by the Commission in its certification of the Master
Plan as the Implementation Program for the subject LCP segments. Therefore,
the Commission finds that the subject amendments to the Implementation Program
are adequate to carry out the policies of the certified LUP, as modified.
PART X. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts
local government from the requirement of preparing an environmental impact
report (EIR) in connection with its local coastal program. Instead, the CEQA
responsibilities are assigned to the Coastal Commission and the Commission's
LCP review and approval program has been found by the Resources Agency to be
functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5,
the Commission is relieved of the responsibility to prepare an EIR for each
LCP.
Nevertheless, the Commission is required in an LCP submittal or, as in this
case, an LCP amendment submittal, to find that the LCP, or LCP, as amended,
does conform with CEQA provisions. In the case of the subject LCP amendment
request, the Commission finds that approval of the subject LCP amendment, as
modified, would not result in potentially significant environmental impacts
under the meaning of the California Environmental Quality Act. As discussed
above, the proposed amendments to Aviara Master Plan PAs 23 and 33 are not
expected to have any adverse land use or resource impacts given the attached
suggested modifications. Therefore, the Commission finds that no significant,
unmitigable environmental impacts under the meaning of CEQA will result from
the approval of the proposed amendment.
(1938A)
32a
NORTH
AVIARA
73
[EXHIBIT NO.
I ^CA II —^**T XT
(ft nalifomia Coa
SECTION XVII: That Title 21, Chapter 21. 34, Section 21.34.030 of the
f
Carlsbad Municipal Code is amended by the amendment of Subsection
21.34.030(4) to read as follows:
(4) Child Day Care Centers, subject to the provisions of Chapter
21.83.
RMHP SECTION XVIII: That Title 21, Chapter 21.37, Section 21.37.020 is
amended by the addition of Subsection 21.37.020(7) and (8) to read as follows:
"(7) Small Family Day Care Homes
(8) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
*PC SECTION XIX: That Title 21, Chapter 21.38, is amended by the
amendment of Section 21.38.020 of the Carlsbad Municipal Code to read as
follows:
21.38.020 Permitted uses and structures.
"In the P-C, planned community zone, the permitted uses and structures
shall be established by a master plan of development approved in accordance
with this Chapter which may include any use found to be necessary and desirable
for a community planned in accordance with the purposes of this Chapter,
provided that such permitted uses and structures shall be consistent with the
general plan and applicable specific plans. Any such master plan which
includes a residential component shall include graphic plans and text to
reserve a site within the master plan area for a Child Day Care Center of
reasonable size for a period of five years from the date of issuance of the
first building permit Prior to approval of a master plan, the property may be
used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone. After
approval of a master plan, such agricultural uses may be continued if the master
plan so provides."
Parking SECTION XX: That Title 21, Chapter 21.44, Section 21.44.050 of the
Carlsbad Municipal Code is amended by the addition of Subsection
21.44.050(a)(4)(E) to read as follows:
Child Care Redline Page?
EXHIBIT NO.
*» -^ -.-CCC California Coastal Commission
EXHIBIT "'
MAY 7, 1997
REDLINE/STRIKEOUT VERSION OF PROPOSED REVISIONS TO TITLE 21
"Definitions'" SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code
is amended by amendments to Sections 21.04.086, 21.04.140, 21.04.146, and
•i
21.04.147 and the additions of new Sections 21.04.170, and 21.04.149 to read as
follows:
21.04.086 Child Day Care Center.
"Child Day Care Center" means any- a facility, of any capacity, other than a
family daycare home ac dofinod in thic chapter in which loco than twenty four hour
por day which provides non-medical care, protect/on and supervision i&
provided for children in a group Dotting .under 18 years of age for periods of
less than 24 hours per day " Child day care center" includes preschools,
nursery schools, employer-sponsored day care facilities and before and after-
school recreational programs, but does not include public or private
elementary schools.
21.04.140 Educational Institution or School.
"Educational inotitution moano kindorgarton, olomontary. junior high and
high cchoolc, oollogec or univoroitioo or other oohoolo giving general acadomic
inctruotion in oovoral branchoo of learning and otudy roquirod to bo taught by the
Education of tho Stato of California. Educational institution or school means an
institution of learning for minors, whether public or private, which offers
instruction in those courses of study required by the California Education
Code or which is maintained pursuant to standards set by the State Board of
Education. This definition includes a nursery school, kindergarten,
elementary school, junior high school, senior high school or any special
institution of education, but it does not include a vocational or professional
institution of higher education, including a community or junior college,
college, or university.
21.04.146 Largo Family Day Caro Homo Family Day Care Home.
"Largo family daycaro homo" moano a homo which providoc oaro,
protection and ouporvioion of oovon—to twolvo children, inolucivo, including
children who rocido at tho homo. In tho carogivor'G own homo for period of looc
than twenty four houro por day, whilo tho poronto or guordiano aro away.""Family
Day Care Home" means a single family dwelling which regularly provides
non-medical care, protection, and supervision of 14 or fewer children, in the
provider's own home, for periods of less than 24 hours per day, while the
parents or guardians are away. The actual number of children permitted in a
Family Day Care Home is based on age composition as determined by the
State of California, Department of Social Services. Family Day Care Homes
include Large or Small Family Day Care Homes.
Child Care Redline Pagel
21i04t147—Family dayoaro homo, email.
"Small family dayoaro homo" moano a homo which provides care,
protaotion and cuporvioion of six or fowor children, including children who reside at
tho homo, in tho oarogivor'G own homo for poriod of loco than twenty four houro
por day, whilo poronto or guardianc aro away.
21.04.147 Family Day Care Home, Large.
"Large Family Day Care Home" means a detached, single family dwelling
which provides family day care for 7 to 14 children, inclusive, including children
under the age of 10 years who reside at the home as defined in Section 1596.78
of the California Health and Safety Code and permitted by the licensing agency.
21.04.148 Family Day Care Home, Small.
"Small Family Day Care Home" means a detached, single family dwelling
which provides family day care for eight or fewer children, including children
under the age of 10 years who reside at the home as defined in Section 1596.78
of the California Health and Safety Code and permitted by the licensing agency.
21.04.149 Employer-sponsored Child Day Care Center.
"Employer-sponsored Child Day Care Center" means any Child Day Care
Center at the employer's site of business and operated directly or through a
provider contract by any person or entity having one or more employees, and
available exclusively for the care of that employer, and of the officers,
managers, and employees of the employer.
21.04.170 Director.
"Director" means the Director of Planning unless otherwise specified.
EA SECTION II: That Title 21, Chapter 21.07. Section 21.07.020 of the
Carlsbad Municipal Code is amended by the additions of Subsections
21.07.020(15) and (16) to read as follows:
*.
"(15) Small Family Day Care Homes;
(16) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
°RA SECTION III: That Title 21, Chapter 21.08 of the Carlsbad Municipal Code
is amended by the additions of Subsections 21.08.010 (11) and 12) to read as
follows:
u(11) Small Family Day Care Homes;
(12) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
J
Child Care Redline Page 2
SECTION IV: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code
is amended by the addition of Subsections 21.09.020(8) and (9) to read as
follows:
"(8) Small Family Day Care Homes;
(9) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
R-1 SECTION V: That Title 21, Chapter 21.10, of the Carlsbad Municipal Code
is amended by the amendment of Subsections 21.10.010 (11) and (12) to read as
follows:
"(11) Small Family Day Care Homes; providing caro for oix or fowor
children.
(12) (A) Largo family daycare homoc providing caro for oovon to
twelve children if a pormit for operation ic firot approved by tho land uco planning
manager. The land uoo planning manager shall icoue a permit for operation if the
manager finds:
(i) Adequate ingreoo-and ogroco to the-property lo-or will bo
provided to ensure tho cafe dropping off and picking up of children;
$) Tho lot io not locatod clooor than ono thoucand two hundred
linoal foot from another largo family daycaro-center on tho oamo ctroot.
(iii) Tho lot io oituated and tho play area dooignod-to minimize any
advoroo noieo impactc to adjacent propertioc.—Tho land uco plonning-monager
may roquiro noioo attonuation moacuroc (o.g. block wall) if ho determinoo that tho
uco-could'Croato ouch impacted adjacent proportioo;
• (iv) That tho applicant -hac or will obtain -all licences and pormito
roquirod by Gtato law for operation of tho facility. Tho applicant chall koop all ctato
licences or pemnito-valid and current.
(v) Tho facility mootc all applicable building ctandardo and will
not hovo a oignifioant advoroo affoct on tho onvironmont which cannot bo
mitigated or for which a finding of overriding oonoidonation cannot bo mado,
(B) Tho owner of tho oubjoct property chall make written
application to tho land uoo planning manager. Such applicationc hall include all
matorialc doomod noooooary by tho land uco planning manager to chow that tho
roquiromontG of Gubooction (A) aro mot. Tho applicant ohall pay a foe cot by City
Council resolution.
fG) All property ownor within throo hundred foot of tho subject
property ohall bo notified in writing of oaid roquoGtod uco at loact ton dayc prior to
tho dooiGton of tho land uoo planning manager. No hearing chall behold unlooo
roquootod by tho applicant or an affoctod poroon. Tho docioion of tho land uco
planning manager may bo appoalod to tho planning commiccion within fifteen
oalondar days-'Of-tho written dooioion of the land uoo planning manager.—T^e
appellant ohall pay tho coot of tho appeal.
(12) Large Family Day Care Homes, subject to the provisions of
Chapter 21.38."
SECTION VI: That Title 21, Chapter 21.16, is amended by the
addition of Subsection 21.16.010(9) and (10) and Section 21.16.018 to read as
follows:
"(9) Small Family Day Care Homes
(10) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
21.16.018 Child Day Care Centers by administrative permit.
Child Day Care Centers may be permitted by administrative permit
subject to the provisions of Chapter 21.83."
~RPSECTION VII: That Title 21, Chapter 21.18 is amended by the addition
of Section 21.18.043 to read as follows:
"21.18.043 Child Day Care Centers permitted by administrative permit.
A. Child Day Care Centers may be permitted by administrative
permit, subject to the provisions of Chapter 21.83."
~R-T SECTION VIII: That Title 21, Chapter 21.20, Section 21.20.010 is
amended by the addition of Subsection 21.20.010(6) and (7) to read as follow:
"(6) Small Family Day Care Homes
i-Child Care Redline Page 4
(7) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
"HO SECTION IX: That Title 21, Chapter 21.21, Section 21.21.040 of the
Carlsbad Municipal Gode is amended by the addition of Subsection 21.21.040(3)
to read as follows:
"(3) Child Day Care Centers, subject to the provisions of Chapter
21.83."
"flVVSECTION X: That Title 21, Chapter 21.22, Section 21.22.010 is
amended by the addition of Subsection 21.22.010(6) and (7) to read as follows:
"(6) Small Family Day Care Homes
(7) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
RDM SECTION XI: That Title 21, Chapter 21.24, of the Carlsbad Municipal
Code is amended by the repeal of Subsection 21.24.020(5) and the addition of
Subsections 21.24.010(7) and (8) and 21.24.027 to read as follows:
"21.24.010
"(7) Small Family Day Care Homes.
(8) Large Family Day Care Homes, subject to the provisions of
Chapter 21.83."
"21.24.027 Child Day Care Centers by administrative permit
A. Child Day Care Centers may be permitted by administrative
permit, subject to the provisions of Chapter 21.83."
=c5 SECTION XII: That Title 21, Chapter 21.26, Section 21.26.010 of the
Carlsbad Municipal Code is amended by the addition of Subsection 21.26.010(31)
to read as follows:
"(31) Child Day Care Centers, subject to the provisions of Chapter
21.83."
Child Care Redline Page 5
SECTION XIII: That Title 21, Chapter 21.27 of the Carlsbad Municipal
Code is amended by the addition of Section 21.27.021 to read as follows:
"21.27.021 Child Day Care Centers by administrative permit
Child Day Care Centers may be permitted by administrative permit,
subject to the provisions of Chapter 21.83."
SECTION XIV: That Title 21, Chapter 21.27 of the Carlsbad Municipal
Code is amended by the addition of Section 21.27.021 and the amendment of
Section 21.27.040 to read as follows:
"21.27.021 Child Day Care Centers by administrative permit.
Child Day Care Centers may be permitted by administrative permit,
subject to the provisions of Chapter 21.83. Application for administrative
permit shall demonstrate site design compatibility with surrounding
development"
"21.27.040 Site Development plan required.
Approval of a site development plan processed according to the provisions
of Chapter 21.06 shall be required for any development in the O zone except
Child Day Care Centers."
SECTION XV: That Title 21, Chapter 21.30., is amended by the addition
of Section 21.30.011 to read as follows:
"21.30.011 Uses and structures permitted by conditional use permit
' Child Day Care Centers are permitted by conditional use permit,
subject to the provisions of Chapters 21.50 and 21.83.":
If SECTION XVI: That Title 21.32 is amended by the amendment of
Section 21.32.010(1) to read as follows:
"(1) Any use permitted in the C-M zone, except Child Day Care
Centers, except that a dwelling conforming to the yard requirements of the R-3
zone shall be permitted on the same lot on which a factory is located, and which
dwelling is used exclusively by a caretaker or superintendent of such factory and
his family."
Child Care Redline Page 6
EXHIBIT "X"
JUNE 4, 1997
PLANNING AREA 23: NEIGHBORHOOD COMMERCIAL CENTER-MUTTI-
FAMILY RESIDENTIAL
DESCRIPTION:
This 18.3 acre planning area is located near the center of the Master Plan on
the north side of Alga Road, and- provides—neighborhood commercial—soTVicc3—&»
the Master Plan and nearby areas-. Uses at the center shall be directed toward
the. neighborhood commercial needs of the residents and resort gueats of the
Master Plan area.
DEVELOPMENT STANDARDS: PD
All development in Planning Area 23 shall conform to the development standards
of the C-l Neighborhood Commercial Zone with a. Q Overlay (Carlsbad Municipal
Code,—Chapter 21.26) Planned Development Ordinance (Carlsbad Municipal Code,
Chapter 21.45.090) unless otherwise noted in this Chapter.
USE ALLOCATION:
Maximum of 142 multi-family residential units (7.7 DU/AC). 120,000 square feet
groaa—floor area of neighborhood "commercial—uses which eater directly—&e—&he-
.eousume-£~ Private recreation facilities shall be required in conjunction
with the residential units. A 2-acre community recreation vehicle storage
facility.
PERMITTED USES,:
Uses may include, but are not liaited to,—convenience retail;—grocery stores;
bakcrico, barber and beauty shops, book and stationary stores, dry cleaning,
floriat shops ,- health clubs or spas,—financial institutions,—j cvclry stores,
small medical—offices-;—professional—offices ,—pharmacies ,—realtors ,—a c rv i e e
stations-end travel agencies, and a recreation vehicle storage facility which
serves the entire Master Plan communi-eyr Multi-family residential housing.
Recreational facilities.
SITE DEVELOPMENT STANDARDS:
Height:
The maximum height in this planning area is 3£ 35 feet as determined by
Section 21.04.065 of the Carlsbad Municipal Code. The building height- shall
be varied in order to provide additional relief while enhancing the appearance
of the center. A minimum of 30 percent of all structures shall not exceed a
height of 24 feet. Where three story structures are proposed, adequate
structural relief and roofline variation shall be incorporated into the
structures to reduce the mass.
Setbacks:
Minimum setback along Alga Road for structures shall be 50 feet. The minimum
setback for structures and open parking froa edge of pad along the easterly
planning area boundary—shall be—§45—fcet.- :?he—minimum setback for—structures
and open parking from edge—of pad alor.g—&be—northerly planning area boundaries
shall be 50 feet. The minimum setback from the public utility easement shall
be 30 feet. A minimum building separation of 20 feet shall be. maintained.
All setback areas shall be fully landscaped with apceim'cin treca — In addition, .
the periphery of this rianr.in^ Area jhc.ll include -decorative valla—to buffer
this use from adjacent properties. The minimum front yard setback
feet measured from the property line for buildings and 20 feet m&s
property line for open parking or garages. A minimum building sep
20 feet shall be maintained.
159 CK California Coastal Commission
EXHIBIT NO.
Parking_L
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
in Parking .V.-eaa !
A minimum of 15 percent of the parking area shall be landaeaped aubjeec t
approval: — of the Planning Director . - A ainigum 320 aquar-e — feet landscaped
island ahall be provided for every ten parking apaeea .
Gignage for thia planning area shall be regulated aa deaeribed in Chapter
No jite development plan shall be proecaacd for this planning area until
building permits for 1000 dwelling units within the Master Plan -area have been
iaaued.
SPECIAL DESIGN CRITERIA:
Design:
All community-wide design standards described in Section A of Chapter IV shall
be embodied in the architecture of this planning area. The following specific
guidelines shall also be included for this planning area: .
* The architecture of all buildings in this planning area shall be
compatible with that of the hotel.
* Outdoor courtyards, patios and plazas shall be included.
* A through public street shall be provided from Alga Road through PA
23, to the area north of PA 23.
* The site layout for this Planning Area shall be coordinated to
ensure compatibility with adjacent planning areas.
* Strong architectural relief features shall be incorporated into all
structures visible from Alga Road.
Entry Treatment:
Cncc-'fll cnf~v—t~cntmc~f—aba1 1—&e—included at-- fhr rnTnncc to The nci rhbo-'hoodfc^ iVT— ^--.tii. «— ii W ^ T W -. *— fc— W***^-r » • «- -~t *. i b*. -*. ^. i-* *— >- ii1— O. WtV^^' !— U L. w-lllw TI.1 I i—^- *-iii^. W >—\^l k.^^ V~ LiW. ^- Lj±ll~f <*S A. *.l^^*-rXJ
eoiaaereial—center . Care shall be—taken to—ensure—chat the—eonaereial—entry
treatment is a -hanaenioua reinforcement of the resort entry atQtement located
on the opposite aide -of Alga Road. A neighborhood entry may be located along
each side of Black Rail Road.
Fencing/I-ightir.g!
An open fene^ jhall be included at the entrance to the. neighborhood eognareial
center.—-Care shall be taker, to ensure that the commercial entry treatment ia
..a hp.raon.ioua rftir.fegeaner.t of the reaort entry statement located on the
opposite aide of Alga Road. If required as a result of a noise study, a
noise attenuation structure, earthen berm, or combination of the two shall be
required along Alga Road. The noise study shall be conducted prior to
submittal of a Site Development Plan.
161
Landscape:
All community-wide landscape standards described in Section A, Community
Design Elements of Chapter IV shall be incorporated into this planning area.
In addition, the following specific landscape concepts shall be included in
the development of this planning area.
* Coaaon Jtraetaeape areaa shall conform to eoBauji.it)' requirements .—
Street trees, landscape planting intensity a one. a , paving,—entry
monumen-ea-;—irrigation ay a terns , valla,—fcneea ,—lighting,—etc . -—have
been prc determined to provide eonaiateaey in design and quality/
* Rich landae-aping shall be incorporated within and surrounding the
center 'to aegacn structures and provide n perk like environment.
* Existing traen identified during Site Development Plan review ahall
be preserved.
* Parking arcao shall be softened through the use of bcnaa, walla
and/or plant material. The. gaag side of the center shall be. heavily
landscaped to—visually—screen loading decks ,—service—bays ,—ote.
* The recreation vehicle storage facility shall be screened by a
combination of fences and landscaping on all sides of the facility.
* A fire suppression zone subject to the approval of the Planning
Director and Fire Marshal shall be established between native areas
and structures. The fire suppression plan should incorporate
structural setbacks from native areas in combination with a program
of selective thinning of native vegetation subject to the approval
of the Planning Director.
* All setbacks shall be heavily landscaped.
* Landscaping shall be incorporated to screen all dwelling units from
Alga Road and the golf course.
* The dominant unifying landscape elements for this planning area
shall be preselected street trees, common landscape areas and slopes
planted prior to homeowner occupation. Individual homeowner
landscapes shall vary.
* Views to and from the golf course and lagoon should be preserved.
Open Space:
The manufactured slopes of this planning area shall be maintained as open
space by the community open space maintenance district.
Grading:
Any development within this planning area shall comply with the City's
Hillside-Development Regulations and the slope and resource'preservation
policies of the underlying local coastal program and subsequent coastal
permit. Any application for development within this planning area shall
require a slope analysis/biological resource map during Site Development Plan
review.
162
AFPORT
milt
SI IE
RD
iiiiiiini'
iiiiiimi'
BATIQUTTOS LAGOON
LA
AVIARA P. A. 23
MP 177(R)/GPA 96-02/LCPA 96-02
LU
PLANNING AREA 33; SINGLE FAMILY RESIDENTIAL
DESCRIPTION;
This 40.9 acre planning area is to be developed with single
family detached homes. The neighborhood is located within a
north-south trending valley on the western edge of Aviara,
immediately north of Batiquitos Lagoon, and west of Planning
Areas 29 and 30. Batiquitos Drive bisects the northern
portion of the Planning Area
DEVELOPMENT STANDARDS; R-1-7500-Q
All development within Planning Area 33 shall conform to the
development standards of the R-l-7500 One-Family Residential
Zone described in Chapter 21.10 of the Carlsbad Municipal
Code, unless otherwise stated in this chapter.
USE ALLOCATION;
A maximum of 72 single-family residential units (3.1 DD/AC).
Also a public access pedestrian trail, trail parking spaces,
and a permanent desiltation basin. Private recreation
facilities are allowed but not required in conjunction with
the residential units.
PERMITTED USES;
Single family residential housing. Pedestrian trails, trail
parking lot, and a permanent desiltation basin. Private
recreation facilities may be included in this planning area.
SITE DEVELOPMENT STANDARDS;
Height:
The maximum height of structures in this planning area is 30
feet as measured to the peak of the highest roof. At least
20% of the structures in this Planning Area shall be no more
than one story, and shall not exceed a height of 22.5 feet to
the roof peak.
Setbacks:
The minimum setback from Gabbiano Lane shall be 20 feet for
all structures. The minimum front yard setback for all units
shall be 20 feet. All side yard setbacks shall be a minimum
of 10% of the lot width., with street-side yards not less than
10 feet. Rear yards shall be a minimum of 20% of the lot
width. All setbacks are as measured and in conformance with
Section 21.10 of the Carlsbad Municipal Code.
PARKING;
Parking shall conform to the standards of Chapter 21.44 of
the Carlsbad Municipal Code.
SPECIAL DESIGN CRITERIA:
Desicrn:
All community-wide design standards described in Chapter IV,
Section A of this Master Plan shall be embodied in the
194a EXHIBIT NO.
Existing Slopes *
(To be preserved) \
Existing Slopes
(To be preserved)
Existing Tree Grove V
(To be preserved)
Legend
Entry Treatment
Wall/Fancing
Trail
Public parkin^Jot
•—• Deslltatlon Basin
Design Criteria - Planning Area 33 Exhibit V-33
194b
architecture of this planning area. The following specific
guidelines shall also be included for this planning area, as
approved in Carlsbad Tract CT 89-19:
* As shown on the Special Design Criteria exhibit for
this planning area, the identified natural slopes
shall be preserved and maintained as open space.
* The existing eucalyptus grove in the southwesterly
portion of the planning area shall be preserved.
* Strong architectural relief features shall be
incorporated into all structures visible from
Gabbiano Lane.
* Buildings in this neighborhood shall relate to the
sloping site, and shall avoid large, flat pad
areas.
* Residential units shall be constructed with
earthtone colors, and detailed roof forms.
* Prior to the issuance of building permits,
structural elevations shall be submitted for review
and approval by the Planning Director.
Entry Treatment!
A neighborhood entry with monument sign shall be located at
the intersection of Gabbiano Lane with Batiquitos Drive, and
at the entrance to the northerly segment of the Planning Area
at Anatra Court and Baticjuitos Drive. A primary community
entry with signage shall be located at the westerly entry to
this Planning Area, along both sides of Batiquitos Drive.
Fencing:
A noise wall shall be constructed along the southwestern edge
of the development in locations as determined through a noise
analysis, in order to mitigate noise impacts from 1-5.
Landscape;
All community-wide landscape standards described in Section
A, Community Design Elements of Chapter XV shall be
incorporated into this Planning Area. In addition; the
following specific landscape concepts shall be included in
the development of this Planning Area, as approved in
Carlsbad Tract CT 89-19:
* Landscaping shall be incorporated to screen the
structures from 1-5, La Costa Avenue and Batiquitos
Drive, to the extent feasible.
* Streetscape areas shall conform to community
requirements. Street trees, landscape planting
intensity zones, paving, entry monuments,
194c
irrigation systems, walls, fence's, lighting,
etc. , have been pre-determined to provide
consistency in design and quality.
"N
* A fire suppression zone, subject to the' approval of
the Planning Director and Fire Marshal shall be
established between native/naturalized areas, and
structures. The fire suppression plan shall be
consistent with the approved Aviara Fire
Suppression Program.
Street Trees;
The primary community entry on Batiguitos Drive shall utilize
Bottle Tree (Brachychiton populneus) as a theme tree and
Nichol's Willow (Eucalyptus nicholii) as a support tree.
Batiquitos Drive shall be planted with Torrey Pine (Pinus
torreyana). Gabbiano Lane shall be planted with Jacaranda
(Jacaranda mimosifolia).
Open Space;
The steep slopes on the western and eastern edges, and a
portion of the north-central segment of the Planning Area
shall remain in native open space. These open space
corridors shall be maintained by the Aviara community open
space maintenance program. A minimum 100 foot setback from
the lagoon wetlands shall be maintained for all structures.
A permanent desiltation basin and trail-related facilities
may be allowed within this wetlands setback.
Trails:
A pedestrian nature trail shall be located along the north
shore of Batiquitos Lagoon consistent with the Local Coastal
Program.
Grading;
Any development within this planning area shall comply with
the City's Hillside Developmnent regulations and the slope
and resource preservation policies of the underlying local
coastal program and subsequent coastal permit. Any
application for development within this planning area shall
require a slope analysis/biological resource map during site
development plan review.
194d
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PLANNING COMMISSION RESOLUTION NO. 4116
A RESOLUTION OF THE PLANNING COMMISSION OF THE
-CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING
ORDINANCE (AVIARA MASTER PLAN) AND LAND USE
PLAN OF THE CARLSBAD LOCAL COASTAL PROGRAM
TO REVISE THE PERMITTED LAND USES AND
DEVELOPMENT STANDARDS FOR AVIARA MASTER
PLAN, THEREBY BRINGING THE DESIGNATIONS ON THE
LOCAL COASTAL PROGRAM AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED NORTH OF
AVIARA PARKWAY, WEST AND EAST OF BLACK RAIL
COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA PLANNING AREA 23
CASE NO: LCPA 96-02
WHEREAS, California State law requires that the Local Coastal Program,
General Program, and Zoning designations for properties in the Coastal Zone be in conformance;
and
WHEREAS, Aviara Land Associates, "Developer", has filed a verified
application for an amendment to the Local Coastal Program designations regarding property
owned by Aviara Land Associates, "Owner", described as
A portion of Section 22, 26, 27, 28, 33, and 34 in Township 12
South, Range 4 West, in the City of Carlsbad, County of San
Diego, State of California
("the Property"); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit "X" dated June 4, 1997, and attached to Planning
Commission Resolution No. 4114, and Exhibit "Y", dated June 4, 1997, and attached to
Planning Commission Resolution No. 4115 and incorporated by this
Public Resources Code Section 30574 and Article 15 of Subchapter 8,'
Title 14 of the California Code of Regulations of the Califon
Administrative Regulations; and
EXHIBIT NO.
California Coastal Commission
1 WHEREAS, the Planning Commission did on the 4th day of June 1997, hold a
2 duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
4
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
5
relating to the Local Coastal Program Amendment.
6
WHEREAS, State Coastal Guidelines requires a six week public review period for
g any amendment to the Local Coastal Program.
9 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
*° Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
12
B) At the end of the State mandated six week review period, starting on April 23,
13 1997, and ending on June 2, 1997, staff shall present to the City Council a
summary of the comments received.14 y
jr C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LCPA 96-02 based on the following findings,
16 and subject to the following conditions:
17 Findings:
18 1. That the proposed Local Coastal Program Amendment is consistent with all applicable
j9 policies of the Mello I segment of the Carlsbad Local Coastal Program, in that proposed
land use changes do not adversely affect environmentally sensitive resources, prime
20 agricultural lands, scenic resources, public access to the Coastal Zone or geologic
stability.
21
2. That the proposed amendment to the Mello I segment of the Carlsbad Local Coastal
Program is required to maintain consistency between the Aviara Master Plan and the
23 implementing ordinances of the City's Local Coastal Program.
24 Conditions:
25 1. The Planning Commission does hereby RECOMMEND APPROVAL of the Local
26 Coastal Program Amendment for the project entitled Aviara Planning Area 23 - LCPA
96-02 (Exhibit "X" dated June 4, 1997, attached to Planning Commission Resolution
27 No. 4114 and Exhibit "Y" dated June 4, 1997, attached to Planning Commission
28
PCRESONO. 4116 -2-
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Resolution No. 4115 and incorporated by this reference), subject to the conditions herein
set forth. Staff is authorized and directed to make, or require Developers to make, all
corrections and modifications to the Local Coastal Program Amendment documents as
necessary, to make them internally consistent and in conformity with final action on the
project. Development shall occur substantially as shown in the approved Exhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
2. Approval of LCPA 96-02 is granted subject to the approval of MP 177(R) and GPA 96-
02. LCPA 96-02 is subject to all conditions contained in Planning Commission
Resolutions No. 4114 and 4115 for MP 177(R) and GPA 96-02, respectively.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 4th day of June 1997, by the following vote, to
wit:
AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, Noble,
Savary and Welshons
NOES: None
ABSENT: Commissioner Compas
ABSTAIN: None
ROBERT NIELSEN, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J. HO
Planning Director
,R
PCRESON0.4116