HomeMy WebLinkAboutLCPA 00-08; Carlsbad Promenade; Local Coastal Program Amendment (LCPA) (17)- -
I- 7.
GRAY DAVIS, Gownor STATE OF CALIFORNIA - THE RESOURCES AGENCY
LALIFORNIA COASTAL COMMISSION k
\ JUL I&Ul
;N,NGDt?h@
%AN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO. CA 92108-4402
(619) 767-2370
pa $kne 26,2002
TO: COMMISSIONERS AND INTERESTED PEMONS Tue 7a
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO
KERI AKERS, COASTAL PROGRAM ANALYST
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENTS NO. 1-2002B & C (Carlsbad Promenade, Redeemer
by the Sea) (For Commission Consideration and Possible Action at the
Meeting of July b12,2002)
SYNOPSIS
SUMMARY OF AMENDMENT REQUEST
The subject amendment request revises the certified Mello I1 Implementation Program.
The request rezones a 30.9-acre site (Carlsbad Promenade) to Residential One-Family
with a 7,500 square foot lot size and qualified development overlay (R-1-7,500-Q), and
rezones a 10.26-acre parcel (Redeemer by the Sea) from Limited Control (L-C) to One-
Family Residential (R-1). On April 22,2002, the City of Carlsbad’s proposed Local
Coastal Program Amendment (LCPA) 1-2002 was received in the San Diego District
office. The amendment package contained two other requests to amend the certified
Carlsbad LCP implementation program. A time extension of up to one year was granted
by the Commission at the June 2002 meeting. The Carlsbad Promenade and Redeemer by
the Sea amendments are going forward at the July 2002 hearing at the request of the City
of Carlsbad.
SUMMARY OF STAFF REXOMMENDAlION
Staff is recommending denial of the proposed LCP amendments as submitted, and
subsequent approval if modified. Both rezones are consistent with the certified Mello I1
LUP in that they would not allow a greater density on the site than the certified
Residential Low Medium (RLM 0-4 dua) land use designation would allow.
The Carlsbad Promenade site is currently bisected into two different zones: Limited
Control (L-C) and Residential One-Family with a 10,000 square foot minimum lot size
and qualified development overlay (R- 1 - 10,000-Q). The site contains several areas of
rare native vegetation and other sensitive areas totalling approximately 10.34 acres,
including coastal sage scrub (7.58 acres), southern maritime chapparal(l.49 acres),
southern willow scrub (.67 acre), and wetland area (.60 acres). The Redeemer by the
Carlsbad LCPA 1-2002B& C
Page 2
Sea site contains several areas of rare native vegetation totalling approximately .37 acre,
that are located in the south and southeast portions of the property.
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 are
included in the HMP as hardline and standards 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 198 1, 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, staff has
recommended that the City should 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.
Additionally, the LCP, which was certified in 198 1, has not been updated to adequately
protect ESHA and species such as the gnatcatcher, which has been listed since the LCP’s
certification. The LUP protects sensitive native vegetation on steep slopes (>25%), but
does not protect native vegetation in flatter areas. The dual-criteria slope policy
preserves natural landforms and prevents erosion, but does not address the need to
preserve rare native plant communities, especially those which have been determined by
federal or state listing to be threatened or endangered. The gnatcatcher, which resides in
the CSS community, was listed as threatened by the USFWS in 1993, and several species
within the southern maritime chapparal communty were listed as threatened or
endangered in 1996. Currently, over 200 plant and animal species in the San Diego
region are listed or proposed to be listed by federal or state governments as endangered,
threatened, or rare. The LUP also doe2 E‘ at include policies specifying how development
in the L-C zone will be comprehensively planned in a manner consistent with the LCP.
When the LCP was certified, it was anticipated that the pbose of the L-C zone was to
provide an interim zone for areas not yet ready for development and where plans for
development had not been formalized. This purpose is stated in Section 2 1.39.0 10 of the
City’s zoning code (Title 21). This planning has not yet taken place. The City has
submitted several LCP amendments to rezone individual L-C properties, based on
individual site plans, but has not submitted an LCP amendment to revise and update the
L-C zone designation and/or provide a comprehensive plan for the L-C zoned properties
as a whole. The City has stated that it intends to provide a comprehensive update of the
LUP in future, to address the HMP and other outstanding concerns. When the LUP is
updated, a provision will be incorporated to require those areas that have been placed
under open space easements for the purpose of habitat conservation, to be turned over to
the management of an appropriate conservation agency with responsibility for the overall
HMP preserve system.
These unresolved issues make it difficult to conclude that an amendment to the
implementation plan of the LCP is sufficient to address the underlying deficiencies of the
LCP, which affect not only this individual site but all of the undeveloped properties
within the coastal zone. These deficiencies and the out-of-date scope of the plan make it
Carlsbad LCPA 1-2002B& C
Page 3
necessary for the City of Carlsbad to update and revise its plan to reflect current
requirements for habitat and species protection, and to provide coordinated and
comprehensive planning for the transition of agricultural lands, instead of addressing
these areas solely through site-specific, individual rezones. However, in the absence of
these updates, the Commission must consider the development pattern of these L-C
zoned properties that will be enabled by the proposed rezones to allow residential
development.
Staff is recommending that the City amend the proposed rezones through suggested
modifications that will incorporate requirements specific to the subject sites onto the
certified LCP zoning map. The modifications would prohibit disturbance of sensitive
vegetation, provide buffers adjacent to sensitive vegetation, and permanently restrict the
allowable uses in those areas to ensure habitat protection. Approval of the proposed
rezones with suggested modifications is consistent with the draft HMP and will not
jeopardize creation of a viable open space preserve system.
The appropriate resolutions and motions can be found on Page 5. The findings for
approval of the amendments can be found on Page 7.
BACKGROUND
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
LagoodHunt Properties and Village Redevelopment. Pursuant to Sections 301 70(f) and
30 17 1 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 198 1 , respectively.
The West Batiquitos Lagood Sammis Properties segment was certified in ~63,. ‘The
East Batiquitos Lagoon/Hunt 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 of its
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 affkcts the Zone 20 Specific Plan of the LCP’s Mello I1 segment.
Carlsbad Habitat Management Plan IHMP)
The Carlsbad HMP is being prepared to satisfl 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
Carlsbad LCPA 1-2002B& C
Page 4
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.
Carlsbad LCPA 1-2002B& C
Page 5
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 both Planning Commission and City Council hearings with regard to
the subject amendment requests. Each of these local hearings were duly noticed to the
public. Notice of the subject amendments 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
resolution and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
Implementation Plan Denial as Submitted:
I. MOTION: I move that the Commission reject the Implementation Program Amendments
#1-2002B & C for the Ci@ of Carlsbad as submitted
STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED:
Staff recommends a YES vote. Passage of this motion will result in rejection of the
Implementation Program Amendments 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 DENY IMPLEMENTATION PROGRAM AMENDMENTS AS
SUBMITTED:
The Commission hereby denies certification of the Implementation Program submitted for the
City of Carlsbad and adopts the findings set forth below on grounds that the Implementation
Program as submitted does not conform with and is inadequate to carry out the provisions of the
certified Land Use Plan (LUP). Certification of the Implementation Program would not meet the
requirements of the California Environmental Quality Act, as there are feasible alternatives and
mitigation measures that would substantially lessen the significant adverse impacts on the
environment that will result from certification of the Implementation Plan as submitted.
Carlsbad LCPA 1 -2002B& C
Page 6
Implementation Plan Certification with Suggested Modifications:
11. MOTION: I move that the Commission certifi the Implementation Program
Amendments #1-2002B& C for the City of Carlsbad if
modified as suggested in this staff report.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in certification of the
Implementation Program with suggested modifications 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 THE IMPLEMENTATION PROGRAM WITH
SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendments for the City of
Carlsbad and adopts the findings set forth on grounds that the Implementation Program with the
suggested modifications conforms with and is adequate to carry out the provisions of the certified
Land Use Plan. Certification of the Implementation Program if modified as suggested complies
with 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 on the environment, or 2) there are no further feasible alternatives
and mitigation measures that would substantially lessen any significant adverse impacts on the
environment.
SUGGESTED MODIFICATION:
Staff recommends the following modifications to the proposed LCP amendments be
adopted. The underlined sections represent language that the Commission suggests be
added:
1. The City shall incorporate the following requirements onto the certified LCP
Zoning Map, to apply to the subject parcels (APN # 215-070-13-00,215-070-36-
00,214-550-01 -00):
a. The onsite areas of native vegetated habitat (approximately 10.34 acres),
including coastal sage scrub, southern maritime chapparal, southern willow scrub
and wetland areas. shall be protected as a condition of development approval. and
secured through recordation of an open space conservation easement in favor of
the City of Carlsbad or other conservation apency. or other appropriate
preservation method. Use of the open space areas containing native vegetation
shall be restricted to habitat conservation. restoration and enhancement.
b. As a condition of development approval, a minimum 20-foot buffer area shall be
required between structures and delineated native vegetation. The buffer area
shall be secured through an easement or deed restriction that prohibits structures
Carlsbad LCPA 1-2002B& C
Page 7
and/or non-native plantinas in the habitat buffer area. A reduction to the 20-foot
habitat buffer reauirement may be allowed in order to obtain access to the
property from Camino de las Ondas, where the maximum feasible habitat buffer
shall be provided. Zone 3 brush manapement for fire protection may may extend
up to 20 feet into the habitat buffer area..
2. The City shall incorporate the following requirements onto the certified LCP Zoning
Map, to apply to the subject parcel (APN#215-080-22-00):
a. The onsite areas of native vegetated habitat (approximately .37 acre), including
southern maritime chapparal. shall be protected as a condition of development
approval, and secured through recordation of an open space conservation
easement in favor of the City of Carlsbad or other conservation agency. or other
appropriate preservation method. Use of the open space areas containing native
vegetation shall be restricted to habitat conservation, restoration and
enhancement, and operation and maintenance of existing storm water facilities as
necessary to serve future development.
b. As a condition of development approval, a minimum 20-foot buffer area shall be
required between structures and delineated native vepetation. The buffer area
shall be secured through an easement or deed restriction that prohibits structures
and/or non-native plantinas in the habitat buffer area. Zone 3 brush management
for fire protection may extend UP to 20 feet into the habitat buffer area.
PART IV. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD MELLO
I1 IMPLEMENTATION PLAN (CARLSBAD PROMENADE AND
REDEEMER BY THE SEA REZONES), AS SUBMITTED AND
APPROVAL IF MODIFIED AS RECOMMENDED
- A. AMENDMENT DESCRIPTIONS
The amendments change the LCP implementation plan by rezoning a 30.9-acre parcel
(Carlsbad Promenade) to Residential One-Family with a 7,500 square foot lot size and
qualified development overlay (R-1-7,500-Q), and by rezoning a 10.26-acre parcel
(Redeemer by the Sea) from Limited Control (L-C) to Residential One-Family (R-1).
The Carlsbad Promenade site is currently bisected into two different zones: Limited
Control (L-C) and Residential One-Family with a 10,000 square foot minimum lot size
and qualified development overlay (R- 1 - 10,000-Q).
The amendments are associated with specific project proposals that have been approved
by the City. The Carlsbad Promenade site has been approved for a 32-lot single-family
residential subdivision. The Redeemer by the Sea site has been approved for a 12-lot
single-family subdivision and a church campus.
The Carlsbad Promenade site contains several areas of rare native vegetation and other
sensitive areas totalling approximately 10.34 acres, including coastal sage scrub (7.58
Carlsbad LCPA 1-2002B& C
Page 8
acres), southern maritime chapparal(l.49 acres), southern willow scrub (.67 acre), and
wetland area (.60 acres), as shown on Exhibit 4. On the Redeemer by the Sea site,
approximately -37 acre of southern maritime chapparal (SMC) is located in the south and
southeast portions of the property. On the approved permits, all of these sensitive areas
are proposed to remain undisturbed and will be preserved in open space lots. The
preserved habitat will become part of the Zone 20 habitat corridor proposed in the City’s
draft Habitat Management Plan (HMP).
The Carlsbad Promenade site is located northeast of the intersection of Aviara Parkway
and Poinsettia Lane; vehicular access to the property will be from Camino de las Ondas.
Topographically, the site has a large flat area in the middle portion of the property that
has previously been used for agriculture; areas of slight to moderate slopes are located on
the northern parcel and the southeast portion of the site. A canyon area runs through the
northern portion of the parcel. The Redeemer by the Sea site is located south of
Poinsettia Lane; vehicular access to the property will be from the completed extension of
Poinsettia Lane and Black Rail Road. Topographically, the site slopes from west to east,
with areas of steep slopes in the south and east portions of the site. Most of the property
has previously been used for agricultural purposes; the proposed development will be
located within the existing disturbed areas. For both sites, development will be sited in
existing disturbed areas, and steep slopes and native habitat areas will be preserved in
open space lots.
- B. PURPOSE AND INTENT OF THE ORDINANCE
The purpose and intent of the R-1 zone (One-Family Residential Zone) is to allow for
single family detached homes and associated structures. The L-C zone designation is
given to annexed properties and is an interim zone for areas where planning for future
land uses has not been compfpted or plans t:f development have not been formalized. The
proposed R-1 zone is also compatible with the existing adjacent residentially zoned
properties and probable future residential zones of the adjacent L-C zoned properties. .i - C. MAJOR PROVISIONS OF THE ORDINANCE
The amendment provides for the change of zoning of the Carlsbad Promenade site from
R- 1 - 10,000-Q and L-C to R-1-7300-4, and the Redeemer by the Sea site from L-C to R-
1. Both properties are designated in the certified Mello 11 Land Use Plan as Residential
Low Medium (0-4 dua). The R-1 zone allows single-family residential housing and
associated amenities, sets a 35 foot height limit, establishes development standards for
setbacks and placement of buildings, and provides other standards for construction design
and exterior appearance. The R-l-7,500-Q zone allows single-family residential housing
and associated amenities, sets a minimum lot size of 7,500 sq ft and a minimum lot width
of 60 ft, and establishes development standards for setbacks and placement of buildings.
The purpose of rezoning the R-1 portion of the Carlsbad Promenade site to allow smaller
lots (minimum of 7,500 sq ft instead of 10,000 sq ft) is to accommodate the development
proposal for clustered single family residential development. If the rezones are approved,
the certified LCP requires the proposed developments to obtain site development plans
and coastal development permits from the City Planning Commission prior to building
permit issuance.
Carlsbad LCPA 1-2002B& C .
Page 9
Chapter 21.06 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:
(1) Require that property development criteria are used to ensure compliance
with the general plan and any applicable specific plans; ...
(3) Ensure that development occurs with due regard to environmental factors;
(6) 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 21.39 of the City’s zoning code provides, in part, the following requirements for
L-C zoning:
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.
D. ADEQUACY OF ORDINANCE TO IMPLEMENT THE CERTIFIED
LUPLDENIAL AS SUBMITTED
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 resource protection policies of the certified LUP provide that coastal resources
should be protected through open space dedications. For example, Policy 3-7 of the
certified Mello I1 LUP provides that riparian and wetland resources be protected as open
space as a condition of development. Policy 3-8 provides that buffer areas adjacent to
resources protected as open space should also be reserved in open space. The proposed
rezones do not include open space zoning on the portions of the subject sites that contain
environmentally sensitive habitat area. An LCP zoning designation to Open Space would
Carlsbad LCPA 1-2002B& C
Page 10
reflect the fact that the specified area is intended to function as a habitat corridor linkage.
In these particular cases, the City did not rezone the open space portion of the sites but
instead, through the coastal development permit approval, has required open space
conservation easements over those portions of the properties containing sensitive habitat.
Policy 4-3 of the certified Mello I1 LUP states, in part:
(b) All Other Areas
Any development proposal that affects steep slopes (25% inclination or
greater) shall be required to prepare a slope map and analysis for the affected
slopes. Steep slopes are identified on the PRC Toups maps. The slope
mapping and analysis shall be prepared during CEQA environmental review
on a project-by-project basis and shall be required as a condition of a coastal
development permit.
(1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and
Chaparral Plant communities: For those slopes mapped as possessing
endangered planthima1 species and/or coastal sage scrub and chaparral plant
communities, the following policy language applies:
(a) Slopes of 25% grade and over shall be preserved in their natural state
unless the application of this policy would preclude any reasonable use of the
property, in which case an encroachment not to exceed 10% of the steep slope
area over 25% grade may be permitted. For existing legal parcels, with all or
nearly all of their area in slope area over 25% grade, encroachment may be
permitted; however, any such encroachment shall be limited so that at no time
;:. more than 2090 of the entire parcel (inclu&i-zb; d,rcas under 25% slope)
permitted to be disturbed from its natural state. This policy shall not apply to
the construction of roads of the City’s Circulation Element or the
development of utility systems. Use of slopes over 25% may be made in
order to provide access to flatter areas if there is no less environmentally
damaging alternative available.
The Mello I1 LUP designates both sites as Residential Low Medium (RLM). The RLM
designation allows single-family residential development at a range of zero to four
dwelling units per acre (dua).
The proposed zoning for Carlsbad Promenade allows a residential density of 3.2 dua.
The property is bordered to the north by the Seaside Heights and Roesch single-family
developments, to the east by vacant land, and to the south by Poinsettia Lane and the
Aviara development, with Aviara Parkway to the west. The proposed zoning for
Redeemer by the Sea allows a residential density of 3.2 dua. The property is bordered to
the south and west by single-family residences, and to the east and north by agricultural
land. The residential densities are consistent with the land use designation in the certified
LUP. The Commission finds the proposed zoning designations are consistent with the
certified LUP land use designation and the zoning of surrounding properties.
Carlsbad LCPA 1-2002B& C
Page 11
Both properties contain areas of steep slopes (25%+) andor native vegetation. Although
gnatcatchers have not been found to occur on the Carlsbad Promenade site, the onsite
areas of coastal sage scrub (CSS) may provide foraging habitat. Commission staff has
determined that the onsite CSS, SMC, SWS and wetland areas contained on these
properties meet the criteria for environmentally sensitive habitat area (ESHA). Pursuant
to Section 30240 of the Coastal Act, ESHA shall be protected against any significant
disruption of habitat values, and only uses dependent on those resources shall be allowed
in those areas. The certified LCP allows up to 10% encroachment into sensitive
vegetation on steep slopes and does not provide for the protection of vegetation on non-
steep areas. However, the Commission must address protection of ESHA and other
coastal resources where these resources are found.
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 are
included in the HMP as hardline and standards 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 198 1, 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 fiom agriculture to urban uses, staff has
recommended that the City should 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.
Additionally, the LCP, which was certified in 198 1, has not been updated to adequately
protect ESHA and species such as the gnatcatcher, which has been listed since the LCP’s
certification. The LUP protects sensitive native vegetation on steep slopes (>25%), but
does not protect native vegetation in flatter areas. The dual-criteria slope policy
preserves natural landforms and prevents erosion, but does not address the need to
preserve rare native plant communities, especially those which have been determined by
federal or state listing to be threatened or endangered. The gnatcatcher, which resides in
the CSS community, was listed as threatened by the USFWS in 1993, and several species
within the southern maritime chapparal communty were listed as threatened or
endangered in 1996. Currently, over 200 plant and animal species in the San Diego
region are listed or proposed to be listed by federal or state governments as endangered,
threatened, or rare. The LUP also does not include policies specifying how development
in the L-C zone will be comprehensively planned in a manner consistent with the LCP.
When the LCP was certified, it was anticipated that the purpose of the L-C zone was to
provide an interim zone for areas not yet ready for development and where plans for
development had not been formalized. This purpose is stated in Section 21.39.010 of the
City’s zoning code (Title 21). This planning has not yet taken place. The City has
submitted several LCP amendments to rezone individual L-C properties, based on
individual site plans, but has not submitted an LCP amendment to revise and update the
L-C zone designation and/or provide a comprehensive plan for the L-C zoned properties
Carlsbad LCPA 1-2002B& C
Page 12
as a whole. The City has stated that it intends to provide a comprehensive update of the
LUP in future, to address the HMP and other outstanding concerns. When the LUP is
updated, a provision will be incorporated to require those areas that have been placed
under open space easements for the purpose of habitat conservation, to be turned over to
the management of an appropriate conservation agency with responsibility for the overall
HMP preserve system.
These unresolved issues make it difficult to conclude that amendments to the
implementation plan of the LCP is sufficient to address the underlying deficiencies of the
LCP, which affect not only this individual site but all of the undeveloped properties
within the coastal zone. These deficiencies and the out-of-date scope of the plan make it
necessary for the City of Carlsbad to update and revise its plan to reflect current
requirements for habitat and species protection, and to provide coordinated and
comprehensive planning for the transition of agricultural lands, instead of addressing
these areas solely through site-specific, individual rezones.
The Commission finds the proposed rezones do not acknowledge the open space
potential of the sensitive habitat areas on the subject site, or contain policy standards for
future development of the site which will adequately protect the habitat value consistent
with the requirements of the LUP as interpreted in light of Section 30240 of the Coastal
Act. Therefore, the LCP amendments, as submitted, must be denied.
E. FINDINGS FOR APPROVAL, IF MODIFIED
1. Habitat Protection
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 amendments, the City’s Municipal Code serves as
the Implementation Program for the Mello I1 segment of the LCP.
The Carlsbad Promenade and Redeemer by the Sea sites are located within the Mello I1
land use planning area. The Carlsbad Promenade site is currently zoned R-1 and L-C,
and the Redeemer by the Sea site is zoned L-C. Both sites were formerly used for
agriculture. The purpose of the L-C zone is to provide an interim zone for areas where
planning for fhture 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, such as Carlsbad Promenade).
Other properties are included in larger planning areas where general guidelines for
preservation of habitat and wildlife corridor creation will apply (“standards areas”
properties). Both sites lie within a “standards area” 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 that 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.
Carlsbad LCPA 1-2002B& C
Page 13
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 198 1, 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 has previously recommended that the City
revise the LUP to address the L-C properties and provide a comprehensive plan for their
development that will take into account the cumulative impacts of these conversions.
The City has stated that it intends to provide a comprehensive update of the LUP in
future, to address the HMP and other outstanding concerns.
The 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.
The Carlsbad HMP and the MHCP will meet criteria for the California Department of
Fish and Game’s (CDFG) Natural Communities Conservation Planning process (NCCP).
The objectives of the southern California NCCP program include identification and
protection of habitat in sufficient amounts and distributions to enable long-term
conservation of the coastal sage community and the California gnatcatcher, as well as
other sensitive habitat types. Generally, the purpose of the HCP and NCCP processes is
to preserve natural habitat by identifying and implementing an interlinked natural
communities preserve system. Through these processes, the resource agencies are
pursuing a long-range approach to habitat management and preserve creation over the
more traditional mitigation approach to habitat impacts.
The standards areas involve several key undeveloped areas within the City that are
located within the proposed habitat linkage corridors. The City’s standards are focused
geographically, using the Local Facilities Management Zones identified in the City’s
growth management plan. These properties are proposed to have conservation goals and
standards which would allow at least 25% development of the site, but which provide for
minimum conservation of 67% of coastal sage scrub and 75% of gnatcatchers on each
site. Several areas have significantly higher standards for greater protection of individual
resource areas. Emphasis is placed upon creation of preservation corridors and linkage to
the larger MHCP habitat areas. Projects proposed within the standards areas also will
require additional consultation with the City and the wildlife agencies to determine
whether the project complies with the relevant standards and is consistent with the HMP.
Carlsbad LCPA 1 -2002B& C
Page 14
Upon receiving approval of their development plans, these properties will receive take
authorization.
Additionally, when the LCP is updated, a provision will be incorporated to require those
areas that have been placed under open space easements, for the purpose of habitat
conservation, to be turned over to the management of an appropriate conservation agency
with responsibility for the overall HMP preserve system. In the absence of these updates,
the Commission must consider the development pattern of this L-C zoned property that
will be enabled by the proposed rezones without LCP development standards that address
appropriate habitat buffers and open space linkages and corridors. Since the open space
portions of the Carlsbad Promenade and Redeemer by the Sea sites will be included in
the HMP preserve area, the the proposed rezones should conform to the draft HMP in
order to avoid potential future conflicts between the LCP and the HMP. Staff is currently
working with the City of Carlsbad to develop LCP and HMP standards which will apply
to future development on sites containing environmentally sensitive habitat area, such as
the subject site, to assure creation of a viable open space preserve system within the
coastal zone and provision of adequate habitat buffers for new development. As
submitted, the proposed LCP amendments address only the rezoning of the properties
and do not include the LCP policy language necessary to coordinate the LCP and draft
HMP.
In order to ensure preservation of the identified sensitive habitat areas, the Commission is
suggesting a modification to the rezones to incorporate requirements into the City’s
certified LCP zoning map which would be applicable to approved development on the
subject properties. The Commission suggests that the map should contain notes
pertaining to each site that specifically address the proposed habitat conservation open
space and appropriate buffer areas, and restrict use of these areas to habitat conservation.
No development shall be permitted within the habitat or buffer areas except as explicitly
provided by the notes on the certified Zoning Map. With such modifications, the
certified IP will ensure that the native vegetation habitat on the Carlsbad Promenade and
Redeemer by the Sea sites will be protected. .’/
Based upon information provided by the Carlsbad Promenade applicant in a letter dated
June 7,2002 (Exhibit 5), the sole feasible access point for the project site is from an
extension of Camino de Las Ondas from Aviara Parkway. Because of limited road
frontage and the City’s traffic engineering standards for public safety, site access is
prohibited from Poinsettia Lane. In consideration of this constraint, and the limitations
for project site access, for approximately 60 feet the proposed access road will come
within 25 feet of the delineated riparian/SWS area. Policy 3-8 (Buffer Zones) of the
certified Carlsbad Mello I1 LUP requires a %-foot buffer from this area, unless the
applicant has obtained the consent of the California Department of Fish and Game and
the U.S. Fish and Wildlife Services, and can demonstrate that a reduced buffer will
continue to protect identified resources. The Carlsbad Promenade site is a “hardline”
property in the draft HMP, and the developmentlpreservation locations were previously
reviewed and approved by these agencies as part of the hardline approval process. It is
not ahticipated that any adverse impacts will result from the reduced buffer in order to
obtain access to the Carlsbad Promenade site. Therefore, the reduced buffer for the
Carlsbad LCPA 1-2002B& C
Page 15
purposes of site access is consistent with the certified LUP. The necessity of reduced
buffer for site access has been addressed in the suggested modification for Carlsbad
Promenade.
Therefore, the Commission finds, in these particular cases, that the Carlsbad Promenade
and Redeemer by the Sea rezones can be approved with suggested modifications ahead of
a comprehensive LCP update because the suggested modifications will protect the onsite
environmentally sensitive habitat. The preserved open space is also consistent with the
habitat core and linkage areas identified in the draft HMP. The City’s approval of the
associated development proposals will require preservation of valuable habitat, cluster
the proposed lots on the least sensitive portion of the site (previously used for
agriculture), and will locate the access road and utilities in a manner that will not impact
the open space area. The proposed residential areas are located next to existing roads and
utilities that serve neighboring subdivisions, and will not require extension of services
through the open space areas. Based upon a comprehensive review of the Carlsbad
Promenade and Redeemer by the Sea development proposals, onsite resources, potential
impacts, habitat buffers, relationship to the HMP, and the provisions of the LCP, the
Commission finds that, as modified, the Carlsbad Promenade and Redeemer by the Sea
rezones would be consistent with and 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 LW 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 agriculturally-designated lands within the City’s Mello I and 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 Carlsbad Promenade and Redeemer by the Sea sites are not designated in the Mello
I1 LUP as either Prime or Non-Prime Agricultural Land. Since the properties are 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
rezones are consistent with above stated policy of the certified LUP pertaining to
agricultural conversion, and are consistent with the certified LUP.
..
Carlsbad LCPA 1-2002B& C
Page 16
PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
OUALITY ACT (CEOA)
Section 2 1080.5 of the California Environmental Quality Act (CEQA) exempts local
government fiom 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 Commissioo and the Commission's LCP review and approval
program has been found by the Resources Agency to be hctionally 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 a LCP submittal or, as in this case, a LCP
amendment submittal, to find that the LCP, or LCP, as amended, conforms to CEQA
provisions. The proposed Carlsbad Promenade and Redeemer by the Sea rezones will
not result in an intensity of land use incompatible with the surrounding development, and
on balance will result in clustered development and enhanced protection of coastal
resoilrces. The Commission finds that there are no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
effect that the LCP amendments may have on the environment. Therefore, in terms of
CEQA review, the Commission finds that approval of the LCP amendments will not
result in any significant adverse environmental impacts.
ORDINANCE NO. NS-620
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING SECTION
21.05.030 OF THE CARLSBAD MUNICIPAL CODE BY AN AMENDMENT TO THE ZONING MAP TO GRANT A ZONE CHANGE, ZC 00-06, FROM R-I-10,000-Q AND L-C TO R-
1-7,500-Q ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF POINSETTIA LANE AND
AVlARA PARKWAY IN LOCAL FACILITIES MANAGEMENT PLAN ZONE 20.
CASE NAME: CARLSBAD PROMENADE
CASE NO: ZC 00-06
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section 21.050.030 of the Carisbad Municipal Code,
being the zoning map, is amended as shown on the map marked Exhibit "ZC 00-06"
attached hereto and made a part hereof.
SECTION 2: That the findings and conditions of the Ptanning
Commission as set forth in Planning Commission Resolution No. 5135 constitute the
findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 19th day of February ,2002, and thereafter
Ill
Ill
LCQA I-=)QZB
Extt\631T 1.
Ordinance No. NS-620 1 of 2 3
.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 5th day of MARCH , 2002, by the following vote, to
wit:
' AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
R
RONALD R. BALL, City Attorney 3-9. MOZ.
/rn.t/ 7-
OOD, City clerk
Ordinance No. NS-620 2 of 2 4
c
Zone Change
Property: From: To:
A. 215-070-1 3-00 Limited Control R-1-Q
6.21 5-070-36-00 Limited Control R-1-Q
C. 214-550-01-00 R-1-10,000-Q R-1-Q
Attach additional pages if necessary
PROPERTY ZONE CHANGE
Approvals
Council Approval Date:
Ordinance No:
Effective Date:
Signature:
ZC: 00-06
draft . final
Project Name: CARLSBAD PROMENADE I Related Case File No@):
Legal Description(s): The northwest quarter of the LCPA 00-081 CT 00-191 CDP 00-531 HDP 00-10
southwest quarter-of the southwest quarter together with
the south half of the southwest quarter of the southwest
quarter both of Scction 22, Township 12 South, Range 4
West, San Bernardino Meridian, in the County of San
Diego, State of Cdifornia, according to the official plat
c
Biological Resources and Project Impacts Map
XMM0821 OCTOBER 30,2001
NORTH El3 OW SCALE: - 1’ = 150
- c
LAND USE / COASTAL PLANNING
LANDSCAPE ARCHITECTURE LAYJIW)
POLICY AND PROCESSING
ENVIRONMENTAL MITIGATION
June 7,2002
- .. . . .. .--.. - . . j. .
-. PI Ken Akers
COASTAL COMMISSION
7575 Metropolitan Dr.
Suite 103
San "uiego, Ck 92i05-4432
RE: LCPA 1-2002 - CARLSBAD PROMENADE
Dear Keri:
You have requested information regarding compliance of the Carlsbad Promenade
subdivision design with the newly-recommended revisions to "Standards Areas"
articulated in Deborah Lee's letter to Michael Holzmiller dated May 10,2002. The
following is that information.
As you know, in working with the City of Carlsbad on this project, in accordance with
the strict regulations of the Draft HMP, we were able to present a design in which the
development was isolated to the previously-farmed areas, fully avoiding any impacts to
CSS or other native vegetations. This includes the protection of CSS lands that are both
on and not on steep slopes.. As a rzsuJ+ I 1,~ development only covers less than 50% of
the property. We have analyzed the project in relation to the new regulations identified
in the May 10 letter and conclude that it is in compliance with these regulations,
although as we discussed, some question may exist as to its compliance with the
proposed regulation worded; "If a riparian area is associated with steep slopes (>25%),
the 56 foot bder shag be measured horn &e tup ui Gie dope." Cd~hd Priimenads
compliance with this regulation depends upon interpretation of the regulation.
The character of the conserved open space on the northern 1/3 of the Carlsbad
Promenade site is that of a natural canyon with a ribbon of riparian willow scrub at the
bottom. The southwesterly natural hillside up from this riparian habitat is covered with
CSS. This hillside is steep (>25%) over the lower elevations of the hillside, but not steep
(<25%) over the upper elevations. This is demonstrated on the Constraints Map
provided to Coastal Staff. The development is kept back well in excess of 50 feet from
the steep slope area, except directly at the entry drive to the property in the extreme
northwest comer of the site, where only approximately 25 feet of buffer exists from the
top of steep slope to the proposed access road to the site. Note however, that there are
intervening non-steep slopes between this access road point and the riparian corridor,
located some 400 feet to the east. , LCPA \-2002%
€%ttar 5
1530 FARADAY AVENUE SUITE 100 CARLSBAD, CA 92008 (760) 931-0780 FAX (760) 931-5744 planningsystems@nctimes.net
Ken Akers
June 7,2002
Page 2
In the absence of some kind of understanding of how the new regulations will be
interpreted for slopes that vary between steep and non-steep, we have no way of
determining whether the project is in compliance with this particular referenced new
regulation. What we
entry drive will result in elimination of the only viable access to the property.
know however, is that elimination or attempt to pull-back the
The site is located on the northeast comer of the confluence of two roadways classified as
arterials. Poinsettia Lane is designated as a major east-west arterial on the City's
Circuiation Element, and referenced as such in tile Me30 F; LCI' (Land Csz) Ydky 5-5.
As such, it has restricted access, providing intracity circulation and connections to the
freeway and regional roads. Poinsettia Lane will carry an estimated 40,000 ADT at
buildout. For traffic safety and efficiency considerations, the minimum spacing of access
points onto roadways classdied as major arterial is 1,200 linear feet. The entire Poinsettia
Lane frontage along the Promenade property is only 1,100 feet in length. As a result,
proposed project access to the site is prohibited from Poinsettia Lane.
Aviara Parkway is designated as a north-south secondary arterial in the Circulation
Element, and will carry approximately 20,000 ADT at buildout. As such, this roadway
also has restricted access, and the minimum spacing for access points is identified as 600
linear feet. Existing Camino de Las Ondas street presently provides access to the
Mariner's Point neighborhood located on the west side of Aviara Parkway, and is
planned as a signalized intersection. Camino de Las Ondas is situated only 1,000 feet
northerly of the Poinsettia Lane/Aviara Parkway intersection. As such, Camino de Las
Ondas complies with the Aviara Parkway minimum intersection spacing requirements
(1,000 feet is greater than the 600 foot minimum), but provision of an additional access
between Camino de Las Ondas and Poinsettia would conflict with this minimum (1,000
feet does not provide sufficient length to accommodate two 600 foot spacings). As a
result, Carlsbad Promenade has been required to take its only access from the Camino de
La &das signalized iniersection hsGcr,.
In consideration of this single access constraint, an access road into the site has Seen
provided at this Camino de Las Ondas location. In order to avoid impacts to the onsite
CSS vegetation located just east of this intersection location, the access road has been
designed with an immediate 90" tum southerly and no loading of houses are proposed
along this narrow site entry area. Nonetheless, the resulting buffer area between the
access road and the adjacent steeply sloping CSS narrows to less than 50 feet in depth
from the top of slope for a very short distance (approximately 60 feet in length) at the
point of the 90" turn. The Constraints Map for Carlsbad Promenade shows that the
natural CSS slope flattens southerly of the 90" turn to less than 25% gradient and the 50
foot buffer is thus provided. The 90" turn has been designed to the minimum allowable
tangent and radius, and thus cannot be pulled any farther from the steep slope CSS top
of siope than the 25 feet presently designed.
Keri Akers
June 7,2002
Page 3
Considering these engineering and safety constraints, it is our conclusion that the project
has been; (a) designed with access at the only allowable location, and (b) this access has
been designed with the greatest sensitively to the CSS as possible. We believe that this
access must truly be characterized as needed in order to provide access to the flatter,
developable area of the property, and that there is no less environmentally damaging
alternative available. Elimination of this access will thus eliminate all viable use of the
property.
Please iet me how ii you need any k,&er inio~ihil ~-eg;u"cL~g +his s-dtter. 'Ak !oak
forward to the hearing on the LCP Amendment at the July hearing.
Sincerely, /1
Director of Planning
cc: Michael Holwniller
Gary Wayne
Tom Hageman
van Lynch
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ORDINANCE NO. ~~-619
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALLFORNIA, AMENDING SECTION 2 1.05.030
OF THE CARLSBAD MUNICIPAL CODE BY AN
AMENDMENT TO THE ZOMNG MAP AND THE LOCAL
COASTAL PROGRAM ZONING MAP TO GRANT A ZONE
GENERALLY LOCATED ON THE EAST SIDE OF BLACK
RAIL ROAD AND SOUTH OF POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME:
CHANGE, ZC 00-10, FROM L-C TO R-1 ON PROPERTY
REDEEMER BY THE SEA
CASE NO.: ZC 00- 1 OILCPA 00- 13
The City Council of the City of Carlsbad, California, does ordain as foIlows:
SECTION I: That Section 21.050.30 of the Carlsbad Municipal Code, being the
zoning map, ‘is amended as shown on the maps marked Exhibit “ZC 00-10” and the Local
Coastal Program Zoning Map Exhibit “LCPA 00-1 3” attached hereto and made a part hereof.
SECTION 11: That the findings and conditions of the Planning Commission as set
forth in Planning Commission Resolutions Nos. 5120 and. 5121 on file in the Planning
Department constitute the findings and conditions of the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the ‘13th day of FEBRUARY 2002, and thereafter.
Ill
Ill
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Ill LCfA 1-2002c
EXWIT 6
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 19th day of FEBRUL 2002, by the followkg vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ABSTAIN: Council
*
ATTEST:
30 M. WOOD, City Clerk
(SEAL)
-2- Y
se: USGS 7.5 minute Encinitas, CA quadrangle
LEGEND
lo00 2000 4000 LOCATION OF SITE 1 a- SCALE (in feet)
Figure 2 CCPA l-2OO2C. Vicinity Map EXH~O!l- 7
Carlsbad, California