HomeMy WebLinkAboutLCPA 01-04; Lynn Parcel Map; Local Coastal Program Amendment (LCPA) (6)..
STAlE OF CALIFORNIA-THB REsouRcEs AOENCY GRAY DAVIS, Oovrmor
CALIFORNIA COASTAL COMMISSION
SANDIEGO. CA 92108-4402 vw
JAN DlEGO AREA
3575 METROF’OLITAN DRIVE. SUITE 103
(61 9) 767-2370
I. October 24,2001
TO: COMMISSIONERS AND INTERESTED P-5J-Y -
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO AREA OFFICE
BILL PONDER, COASTAL ANALYST, SAN DIEGO AREA OFFICE
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT NO. 2-2001A (Lynn Subdivision) (For Public Hearing and
Possible Commission Action at the Meeting of November 13-17,2001)
SYNOPSIS
SUMMARY OF AMENDMENT REOUEST
The subject amendment request revises the certified Carlsbad Local Coastal Plan (LCP)
Implementation Program. The request rezones a 2.0-acre site (Lynn) from Limited
Control (LC) to One Family Residential with a Qualified Development Overlay (R-1-7,
500-4).
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending approval of the proposed LCP amendment as submitted. The
Lynn rezone is consistent with the certified Mello II land use plan (LUP) underlying land
use designations of Residential Low ta 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. The associated development proposal would create 4
residential lots ranging from 15,258 square feet to 22,404 square feet in size.
0
The Lynn 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 Lynn 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.
c
Carlsbad LCPA 2-2001A
Page 2
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, Mel'q Il, West Batiquitos LagoodSammis Properties, East Batiquitos
Lagoon/Hunt Properties and Village Redevelopment. Pursuant to Sections 30 170(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 Lagoon/ Sammis Properties segment was certified in 1985. The
East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village
Redpvelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 21, 1997, the City mumed
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 Lynn 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 j reviousiy 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 propxed for inclusion in the draft HMP.
However, the proposed 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
Carlsbad LCPA 2-200 1 A
Page 3
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 Bill Ponder 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 2-200 1A
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 Commission reject the City of Carlsbad Mello ZI
Implementation Program Amendment #2-2001A 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 #2-
2001A as submitted and adopts the findings srt forth below 0x1 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.
Carlsbad LCPA 2-2001A
Page 5
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO
I1 IMPLEMENTATION PLAN AMENDMENT #2-2001A (LYNN
SUBDIVISION)
A. Purpose 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 .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, 500-4. The R-1-7, 500-4 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. Carlsbad has approved the rezone and
a coastal development permit. The coastal development permit becomes effective on the
date the Commission certifies the LCP amendment. The proposed 4-lot subdivision is an
administrative action to be approved by the Planning Director and Public Works Director
after Planning Commission and City Council actions on the Zone Change, Local Coastal
Program Amendment and Coastal Development Permit. No building plans, elevations, or
grading was approved for the subdivision. The Q-Overlay requires the approval of a Site
Development Plan, for development of more than a single-family home, by the Planning
Commission prior to building permit issuance.
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
...
Carlsbad LCPA 2-2001 A
Page 6
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.
C. Adeauacv 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 2.45 dwelling units per acre. The surrounding
properties are designated L-C and R- 1 -Q(south of site). Based on the developable
acreage and allowable density, up to 12 residential units could be placed on the property.
Therefore, the Commission finds the proposed zoning and potential 4-lot subdivision is
consistent with the certified LUP land use designation.
1. L-C Zoned ProDertv Conversions
The L-C site is located within the Mello II 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 becomsng ready for development, exist within the coastal zone.
Several of these properties are included in the HMP with specified areas of omite
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.
Carlsbad LCPA 2-2001A
Page 7
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 the
Commission has concluded that the use, density and proposed placement of development
are appropriate for the site and the surrounding area.
Unlike other L-C conversions which have previously been denied by the Commission,
the Lynn 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. The site, which has been previously disced and used
for agriculture, is largely flat and does not contain steep slopes. The property is
developed with a single-family residence and improved with nonnative plants and lawn.
The property does not have any sensitive vegetation or steep slope constraints. The
proposed rezone, which will facilitate development of the 4-lot Lynn subdivision
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 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 Lynn site is not designated in the Mello II LUP as either Prime or Non-Prime
Agricultural Land. The LCP requires development of the property to comply with one of
the 3 agricultural conversion criteria. This LCP amendment does not alter the
requirements regarding conversion of agricultural lands. Any non-agricultural
development on the Lynn site will have to comply with the current LUP policy regarding
agricultural conversion. The proposed rezone is therefore consistent with the agricultural
Carlsbad LCPA 2-200 1 A
Page 8
conversion policies of the certified LUP.
Carlsbad HMP and Standards Areas
The Lynn 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 we 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. The draft HMP has included several development
standards for certain properties in Zone 20, such as the Lynn site. These include:
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.
Comerve 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 conversion of agricultural land to other uses is proposed, set back all
development impacts at least 100 feet from existing wetland habitats and encourage
habitat restoration or enhancement in the riparian and buffer areas. In this case any
potential development of the site will be setback at least 100 feet from existing
wetland habitats.
The rezone of the Lynn 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 proteciive measures for
sensitive habitat and endangered species. Site access for the roadway and utilities is from
existing Black Rail Road on the east boundary of the property. 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
OUALITY 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
Carlsbad LCPA 2-2001 A
Page 9
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 to CEQA provisions.
As discussed above, the LCP amendment will not cause significant adverse impacts to the
envirohment. 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.
(G:San DiegoWeponsWP’sKarlsbad!€AR LCPA 2-OI A Lynn finalrpt.doc)
LYNN PARCEL MAP-
Carlsbad LCPA
Location Map
ZC OI-O3/LCPA OI-O4/CDP 01
L California Coastal Commission
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- RESOLUTION NO. 2o01-22K
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING A ZONE CHANGE, LOCAL
COASTAL PROGRAM AMENDMENT, AND COASTAL
DEVELOPMENT PERMIT TO REZONE A TWO ACRE PARCEL
GENERALLY LOCATED ON THE WEST SIDE OF BLACK RAIL
ROAD AND SOUTH OF FUTURE POINSETTIA LANE IN LOCAL
FACILITIES MANAGEMENT ZONE 20.
CASE NAME: LYNN PARCEL MAP
CASE NO.: ZC 01-03/LCPA 01-04/ CDP 01-07
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, the Phnning Commission did on June 20, 2001, hold a duly noticed
public hearing as prescribed by law to consider the Negative Declaration, Zone Change 01-03,
Local Coastal Program Amendment 01-04, and Coastal Development Permit 01-07 to rezone
2.027 acres of land from Limited Control to residential One-Family, 7,500 square foot minimum
lot size, Qualified Development Overlay (R-l-7,500-Q), and adopted Planning Commission
Resolutions No. 4987, 4988, 4989 and 4990 recommending to the City Council that they be
approved: and
follows:
WHEREAS, the City Council did on the 24th day of July , 2001
hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration,
Zone Change, Local Coastal Program Amendment, and Coastal Development Permit and;
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, the City Council considered all factors
relating to the Negative Declaration, Zone Change, Local Coastal Program Amendment, and
Coastal Development Permit.
The City Council of the City of Carlsbad, California does hereby resolve as
1.
2.
follows:
That the above recitations are true and correct.
That the findings of the Planning Commission in Planning Cornmission
Resolutions No. 4987, 4988, 4989 and 4990 constitute the findings of the City Council in this
matter.
3. That the Negative Declaration is adopted, and the Zone Change, Local
Coastal Program Amendment, and Coastal Development Permit, ZC 01-03, LCPA 01-04, and 1-
APPLICATION Carlsbad LCPA
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CDP 01-07 respectivekly, are approved as shown in Planning Commission Resolutions No.
4987,4988, 4989 and 4990 on file with the City Clerk and incorporated herein by reference .
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 24th day of July , 2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall
NOES: None.
ATTEST:
*bw-
LORmE M. WqOD, City Clerk
(SEAL)
-2- c
HMP Core and Link Areas
vh CORER
LINKF
EXHIBITNO. 2
APPLICATION NO.
Carlsbad LCPA
NO. 2-2001-A -
Carlsbad HMP Core
& Linkage Areas
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