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HomeMy WebLinkAboutLCPA 00-04; Tabata; Local Coastal Program Amendment (LCPA) (9)- 1? i % ‘r GRAY DAVIS, Governor STATE OF CALIFORNIA - THE RESOURCES AGENCY - CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 921054402 (619) 767-2370 September 20,2001 Fri 7a TO: COMMISSIONERS AND INTERESTED PERSONS FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR SHERILYN SARB, DISTRICT MANAGER, SAN DJEGO AREA OFFJCE KERI AKERS, COASTAL ANALYST, SAN DIEGO AREA OFFICE SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR AMENDMENT NO. 1-2001C (Tabata Subdivision) (For Public Hearing and Possible Commission Action at the Meeting of October 9-12,2001) SYNOPSIS Summary of Amendment Request The subject amendment request revises the certified Local Coastal Plan (LCP) Implementation Program. The request rezones a 5.0-acre site (Tabata) from Limited Control (L-C) to One Family Residential with a Qualified Development Overlay (R-1-7,500-Q). On April 20,2001, the City of Carlsbad’s proposed Local Coastal Program Ame’irdqent (LCPA) #OO-04 was filed in the San Diego District office, and was determined ‘to-be cdmplete on June 22,2001. At the August 2001 meeting, a time extension on the LCP amendment package was granted by the Commission so that the amendment request could be heard at the October 2001 meeting. A location map of the Tabata property, and a plan of the Tabata development proposcl, are attached as Exhibits 1 and 2. Summary of Staff Recommendation Staff is recommending approval of the proposed LCP amendment as submitted. The Tabata rezone is consistent with the certified Mello II land use plan (LUP) underlying land use designations of Residential Low to Medium Density (RLM). The site is mostly flat and without steep slopes, has been used for agriculture in the past, and does not contain sensitive habitat or listed species. Some small sloped areas around the periphery of the site with scattered vegetation will remain undeveloped and will be placed into a slope and open space easement as part of the overall Aviara master plan. The associated development proposal would create 16 residential lots ranging from 7,730 to 12,250 square feet in size. c Carlsbad LCPA 1-200 1 C Page 2 The Tabata site lies within a “standards area” proposed by the draft Carlsbad Habitat Management Plan (HMP), and within Local Facilities Management Zone 20 (Zone 20) as defined by the City’s Growth Management Plan (GMP). Standards areas in Zone 20 which are located between Linkage F and Core Area #6 in the draft HMP are intended to support preservation of sensitive habitat and enhance wildlife movement between these areas. Exhibit 3 shows the zones and linkage areas. The proposed Tabata subdivision, which is outside of the zone and linkage areas, complies with the draft HMP standards for Zone 20. Approval of the proposed LCP amendment would not prejudice the proposed core and linkage alignment or reduce the draft HMP’s protective measures for sensitive habitat and endangered species. The appropriate resolutions and motions can be found on Page 4. The findings for approval of the Implementation Plan amendment begin on Page 5. BACKGROUND Major review issues and background information are summarized below, and are analyzed in greater detail in the Findings section beginning on page 5: Carlsbad Local Coastal Program (LCP) The City’s certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello 11, West Batiquitos LagoodSammis Properties, East Batiquitos Lagooflunt Properties and Village Redevelopment. 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 I1 segments in 1980 and 1981, respectively. The West Batiquitos Lagood Sammis Properties segment was certified in 1985. The East Batiquitos LagoodHunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all remaining segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as a deferred certification area until an implementation plan is certified. The subject amendment request affects the Mello I1 segment of the certified LCP. The Tabata site is currently zoned L-C (Limited Control). The purpose of the L-C zoning designation is to provide an interim zone for areas where planning for future land uses has not been completed or plans for development have not been formalized. A number of L-C properties, which were formerly used for agriculture but are now becoming ready for development, exist within the coastal zone. The LUP does not specifically address the L-C or E-A zoning designations, or provide direction for a coordinated, orderly transition of these properties from agricultural and interim uses to residential development. Commission staff previously communicated with the City via other staff reports and in a letter dated August 27, 2001, that the LCP should be amended to provide this direction for the remaining L/C properties, particularly since many of these properties contain sensitive habitat and endangered species and are proposed for inclusion in the draft HMP. However, the proposed Carlsbad LCPA 1-200 1 C Page 3 rezone for this particular site does not create any impacts which require additional resource planning or mitigation, such as habitat or wildlife loss. Carlsbad Habitat Management Plan (HMP) The Carlsbad HMP is being prepared to satisfy the requirements of a federal Habitat Conservation Plan (HCP), and as a subarea plan of the regional Multiple Habitat Conservation Plan (MHCP). The MHCP study area involves approximately 186 square miles in northwestern San Diego County. This area includes the coastal cities of Carlsbad, Encinitas, Solana Beach and Oceanside, as well as the inland cities of Vista and San Marcos and several independent special districts. The participating local governments and other entities will implement their portions of the MHCP through individual subarea plans such as the Carlsbad HMP. Once approved, the MHCP and its subarea plans will replace interim restrictions placed by the U.S. Fish and Wildlife Services (USFWS) and the California Department of Fish and Game (CDFG) on impacts to coastal sage scrub and gnatcatchers within that geographical area, and will allow the incidental take of the gnatcatcher and other covered species as specified in the plan. ADDITIONAL INFORMATION Further information on the submittal may be obtained from Keri Akers at the San Diego Area Office of the Coastal Commission at 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402, (619) 767-2370. IC Carlsbad LCPA 1-200 1 C Page 4 PART I. OVERVIEW A. STANDARD OF REVIEW 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. Pursuant to Section 305 13 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 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 11. 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. I. MOTION: Z move that the Cornmission reject the City of Carlsbad Mello ZZ Implementation Program Amendment #1-2001 C as submitted. STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED: Staff recommends a NO vote. Failure of this motion will result in certification of the Implementation .Program Amendment as submitted and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present. RESOLUTION TO CERTIFY IMPLEMENTATION PROGRAM AMENDMENT AS SUBMITTED: The Commission hereby certifies the Mello I1 Implementation Program Amendment #1-2001C as submitted and adopts the findings set forth below on grounds that the Implementation Program Amendment conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan (LUP), and certification of the Implementation Program Amendment will meet the requirements of the California Environmental Quality Act, because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts on the environment that will result from certification of the Implementation Program. h Carlsbad LC A 1-200 1 C Page 5 PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1 IMPLEMENTATION PLAN AMENDMENT #1-2001C (TABATA SUBDIVISION) A. Puruose and Intent of the Ordinance The purpose and intent of the One Family Residential with a Qualified Development Overlay zone (R- 1-7, 500-4) is to allow for single-family residential housing and associated amenities. The L-C zone designation is given to agricultural or formerly agricultural properties which were annexed into the City, and is an interim zone for areas where planning for future land uses has not been completed or plans of development have not been formalized. The proposed R-1-7,500-Q zone is compatible with the existing adjacent residentially zoned properties and probable future residential zones of the adjacent L-C, P-C (Planned Community), and R-1-Q zoned property. B. Ma.ior Provisions of the Ordinance The amendment provides for the change of zoning of the identified parcel from L-C to R-1-7,500-Q. The R-1-7, 500-Q zone allows single-family residential housing and associated amenities, sets a minimum lot size and lot widths, and establishes development standards for setbacks and placement of buildings. If the rezone is approved, the proposed 16-lot subdivision will require approval of a site development plan and a coastal development permit by the City Planning Commission prior to building permit issuance. Chapter 2 1.06 of the City’s zoning code provides, in part, the following requirements for the Q Qualified Overlay Zone: 21.06.10 Intent and Purpose The intent and purpose of the Q qualified overlay zone is to supplement the underlying zoning by providing additional regulations for development within designated areas to: Require that property development criteria are used to ensure compliance with the general plan and any applicable specific plans; Ensure that development occurs with due regard to environmental factors; Promote orderly, attractive and harmonious development, and promote the general welfare by preventing the establishment of uses or erection of structures which are not properly related to or which would adversely impact their sites, surroundings, traffic circulation or environmental setting. Chapter 2 1.39 of the City’s zoning code provides, in part, the following requirements for L-C zoning: - Carlsbad LCI - 1-200 1 C Page 6 21.39.10 Intent and Purpose .- The intent and purpose of the L-C zone is to provide an interim zone for areas where planning for future land uses has not been completed or plans for development have not been formalized. After proper planning or plan approval has been completed, property zoned L-C may be rezoned in accord with this title. 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 Land Use Plan (LUP). In the case of the subject LCP amendment, the City’s Municipal Code serves as the Implementation Program for the Mello I1 segment of the LCP. The Mello I1 LUP designates the site as Residential Low Medium (RLM), which allows residential development at a range of 0-4 dwelling units per acre (dulac). The density of the proposed single-family subdivision is 3.2 dwelling units per acre. The surrounding properties are designated R-1-Q, P-C, and L-C . Based on the developable acreage and allowable density, up to 20 residential units could be placed on the property. Therefore, the Commission finds the proposed zoning and potential 16-lot subdivision is consistent with the certified LUP land use designation. 1. L-C Zoned Property Conversions The Tabata site is located within the Mello I1 land use planning area, and is zoned L-C (Limited Control). The site was formerly used for agriculture but those operations have been discontinued. The purpose of the L-C zone is to provide an interim zone for areas where planning for future land uses has not been completed, or plans for development have not been formalized. A number of L-C properties, which were formerly used for agriculture but are now becoming ready for development, exist within the coastal zone. Several of these properties are included in the HMP with specified areas of onsite development and preservation that will be approved (“hardline” properties). Other properties are included in larger planning areas where general guidelines for preservation of habitat and wildlife corridor creation will apply (“standards areas” properties). Although it is anticipated that the L-C properties will be developed at urban intensities, the Mello I1 land use plan (LUP), which was originally certified in 1981, does not address this zoning designation or the projected urban transition and development of the L-C properties. In order to avoid piecemeal conversion of these properties from agriculture to urban uses, Commission staff previously recommended that the City revise the LUP to address the L-C properties and provide a comprehensive plan for their development which will take into account the cumulative impacts of these conversions. However, the proposed rezone for this particular site does not create any impacts which would normally require additional resource planning or mitigation, such as impacts to habitat or wildlife, and Commission staff have concluded that the use, density and proposed placement of development are appropriate for the site and the surrounding area. Carlsbad LCYA 1-200 1 C Page 7 Unlike other L-C conversions which have previously been denied by the Commission, the Tabata rezone and proposed subdivision would not impact dual-criteria slopes (steep slope with native vegetation) which are protected by policies in the certified LUP. Additionally, the rezone will not result in removal of rare vegetation or other environmentally sensitive habitat area (ESHA), such as wetlands or vernal pools, consistent with the certified LUP. Field investigation by Commission staff has confirmed the applicant’s representation that the development site does not contain any sensitive habitat, or provide nesting or foraging area for listed species such as the coastal California gnatcatcher. The site, which has been previously disced and used for agriculture, is largely flat and does not contain steep slopes. Some small sloped areas around the periphery of the site with scattered vegetation will remain undeveloped and will be placed into a slope and open space easement as part of the overall Aviara master plan. The proposed rezone, which will facilitate development of the 16-lot Tabata subdivisior! approved by the City, is consistent with and is adequate to carry out the resource protection policies of the certified Mello I1 LUP. 2. Preservation of Agricultural Lands Preservation of agricultural use has been addressed in the Mello I1 LUP as follows: Section 30240 of the Coastal Act states: All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding lands. Amendments to the Carlsbad LCP certified by the Commission in 1985 essentially allow conversion of all of the agricuturally-designated lands within the City’.s Melkd‘iind I1 segments. Such conversion is allowed pursuant to either (1) a determination of infeasibility of continued agricultural use based on area-wide studies, or (2) participation in a mitigation program designed to offset the loss of agricultural lands, or (3) payment of an agricultural mitigation fee. The Tabata site is not designated in the Mello 11 LUP as either Prime or Non-Prime Agricultural Land. Since the property is within the Coastal Agricultural Overlay Zone, the City’s approval has been conditioned to ensure payment of an agricultural mitigation fee, which will mitigate the loss of agricultural resources by preserving or enhancing other coastal resources. The proposed rezone is consistent with Policy B of the certified LUP pertaining to agricultural conversion, and is consistent with the certified LUP. 3. Carlsbad HMP and Standards Areas The Tabata site lies within a “standards area” proposed by the draft Carlsbad Habitat Management Plan (HMP), and within Local Facilities Management Zone 20 (Zone 20) as defined by the City’s Growth Management Plan (GMP). The draft HMP provides that standards areas in Zone 20 which are located between Linkage F and Core Area #6 in the Carlsbad LCPA 1-200 1 C Page 8 draft HMP are intended to support preservation of sensitive habitat and enhance wildlife movement between these areas. The draft HMP has included several development standards for certain properties in Zone 20, such as the Tabata site. These include: 0 Conserve the majority of sensitive habitats in or contiguous with biological core and linkage areas, including no net loss of wetland habitats, southern maritime chaparral, maritime succulent scrub, and coastal sage scrub in Core Area 6 and Linkage F. Conserve habitats in a continuous configuration through Linkage Area F, from Core Area 6 to where Linkage F crosses Palomar Airport Road. Conserve all riparian habitats onsite, and prohibit fill or development within the existing flood plain except where required for Circulation Element roads, Drainage Master Plan facilities, or other essential infrastructure. Where conversim of agricnltural land to orher uses is proposed, set back all devclopment impacts at least 100 feet from existing wetland habitats and encourage habitat restoration or enhancement in the riparian and buffer areas. 0 0 0 The rezone of the Tabata site, which does not propose development of sensitive habitat or wetlands and is located outside of the core and linkage areas, would be consistent with these draft standards. Approval of the proposed LCP amendment would not prejudice the proposed core and linkage alignment, or reduce the draft HMP’s protective measures for sensitive habitat and endangered species. Site access for the roadway and utilities is from existing Black Rail Road on the west boundary of the property, and from existing Cabela Place to the east. The rezone and proposed subdivision would not require new roads or utilities to be extended through sensitive areas, and would not promote access or development for surrounding L-C properties to be undertaken in a manner which would be detrimental to sensitive resources. The proposed rezone and subdivision are also consistent with the certified LCP and the City’s General Plan. PART VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEOA) Section 2 1080.5 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. As discussed above, the LCP amendment will not cause significant adverse impacts to the environment. There are no feasible alternatives or mitigation measures available which would substantially lessen any significant adverse impact which the LCP might have on the environment. Therefore, the Commission finds that the LCP amendment is consistent with the requirements of CEQA. PROPERTY ZONE CHANGE Zone Change Property: I From: I To: A. 215-040-04-00 I L-C I R-1-7.500-0 EXHIBIT TO ORDINANCE NO. NS-5 ZC: 00-04 LCPA: 00-04 final 0 APPrt Council Approval Date: Ordinance No: Project Name: Tabata Property Legal Description(s): The north half of the northwest quarter of the northwest quarter of the northeast quarter of Section 27, Township 12 south, Range 4 west, San Bemardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to the official plat thereof I Related Case File No(s): LCPA 00-04 / CT 00-1 3 / CDP 00-36 B. I I Effective Date: C. I Attach additional pages if necessary I I Sianature: EXHIBITNO. 1 CARLSBAD LCPA NO 1-2001 c Location Map mcali,ornia Coastal Commission KEY MAP SCALE I' = 100' HMP 1-1 * ** 0 0.6 1.2 Mlles Core and L CORE #6 LINK F N s ,ink Areas