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Home My WebLink AboutLCPA 02-10; Habitat Management Plan; Local Coastal Program Amendment (LCPA) (19)- JFIN.31.2003 3:47PM b N0.280 P.3/9 - January 31,2003 VIA FACSIMILE AND.FEDERAL EXPR ES-S The Honorable Mayor Claude A, Lewis and Members of the Council City of Carlebad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: LCPA 0240/ElR 97.01 Addendurn/DlOi=Ol (HMP Addendurn a) Councll Hearing Data: February 4,2003 Agenda Itom No. 12 ' Dear Honorable Mayor and Members of the Councll: This flrm represents Nobow and Evelyn Tabata (the UTabatas'f). Thq T#bataa awn approxlmatsly 2.4 awes of real properly located at 1247 Camino de Ias Ondas, Carlsbad, Calffornla (APN 214- 140-54 and APN 214440-72): this property his been used as their rersfdenca (the "Tabate Residence Property") for many years. The Tabeta Resiclenm Property Is bounded by existing residential development to the north, polnsettla Lane to the south and already planned and approved resldentlal projects to the east and west. REQUESTED ACTION We respectPully request that the Coundl direct your staff to cornct the proposed Addendum #2 to the Clty's Habitat Management Plan (the "HMP Addendum") and proposed amendment to the Cis Local Coastal Program (the "LCP Amendment") as follows: (1) remove the Tqbata Residenw Property from designation as among the parcals located within (a) Zones 20 and 21 as shown on Exhlplt A to the HMP Addendum and (b) tlle biological core and linkage areas designated in the San Diego County Multiple Habitat Conservation Pragpm; and (2) delete any and all references to the Tabata Resldence Property in Policy 743 of the HMP Addendum and Policy 3-8 of the LCP Amendment (Mello It SeQment Revisions) as parcels subJed to the development and habitat protectlon standards set forth therein, BACKOROUND In connection with obtaining the support ofthe California Coastal Commission (the "Coastal Commiseion") for the City's Golf Course project, the City has been negotlatina certain revisions to ths City's Local Coastal Program with the Coastal Commission, These revlaions involve the imposition of now development and habitat protection standards, especlelly as ta the Mello II Segment, where the Tabata Restdence Property is located, Revlslons were also proposed to the City's Habitat Management Plan to reflect those new development and habitat proteeion standards and to malntain consistency with the CCP Amendment. Aooordlng to the Planning Commission Staff Report prepared in connection with the January 22,2003, Planning Commission hearing on ' - JW. 31.2003 3: 47PM N0.280 P.4/9 - Gray Cary Wars & Freldenrkh LLP The Honorable Mayor Claude A. Lewis qnd Members of the Councll City af Carlsbad January 31 , 2003 Page M this matter, such development aqd habltat proteatlon standards were required with respect to the Mello II Segment because It contalns the majorlty of undeveloped land and habitat In the coastal zone. Contrary to the foregoing general conclusions m4de with respect to the Mello II Segment, the Tabata Rssklencs Property has been continuously and intensively used as agricultural land during the Tabatas’ ownership thereof, On January 6,2003, a site assessment of the Tabata Residence Property for the presence of natlve habltat was conducted by Dossey & Associates. In a letter dated January 15, 2003, from Possey & Assoclates, which Is attaMed hereto qs Exhibit A, Biologist Rod Dossey stated that other than the residence and associated landscaping on the Tabata Residence Property, “[tlhe remainder of the site consists mostly of exotic grassland, without any 1 native component6 at all I ,” and ’[Uhsre is nothing remaining on [the Tabata Residence Property] which could be considered native habitat,” Mr, Dossey also determined that there was no potential for sensitive biological resources at the Tabata Residence Property due to the lack of wnnectivlty with other habitats and the partially developed state of the Tabata Residence Property. Moreover, in a letter dated January 16, 2003, from the Coastal Cornrnisslon, which Is attached hereto as Exhibit B, Coastal Program Analyst Keri L. Akers expressed the Coastql Commlsslon’s agreement that the Tabata Residence Propetty does not contaln any slgniflcant envlronrnentally sensitlve habltat, Speclflcally, Ms. Akers stated the Tabato Resldence Property “does not contain any significant environmentally sensitive habitat , , . Therefore, Commission staff would not require development area limitations on rabata Residence Property] In order to preserve habitat, or recommend standards for onsite habitat protection.” At the January 22,2003, Planning Cornmissiotl hearing, the Planning Commission voted to approve the HMP Addendum and the LCP Amendment despite the incorrect IdcntMcqUon of the Tabata Reslclence Propetty as environmentally sensitlve habitat, Two of the Plannlng Commissioners acknowledged that the Tabata Residence Properly should not be designated as an environmentally SenSltlve habltat. One of the Planning Commissioners attempted to make a motion to remove the erroneous deslgnatlon d the Tabata Resldence Property from the LCP Amendment when Planning Director Holuniller wked for a short recess. Planning Director Holzmlller returned to the hearing and racommended that the Planning Commission approve the HMP Addendum and the LCP Amendment “as is” and send it to the Council dqring which time he would verify the Coastal Commission letter, presumably for the purpose of correcting the erroneous incluslon of the Tab& Resldence Property as environmentally sensitive habitat. We respectfully request that the Council make the corrections identified above at the February 4, 2003, City Council hearing. If the Council fails to make such corrections prior to seeWngj mlification of the LCP Amendment Itom the Coastal Commission, we will request the Coastal Commission to dany csrtification of the LCP Amendment. Sections 13552 of Tltle 14, Division 55 of the California Code of Regulations sets forth the applicable requirements for the farm and content of an LCP amendment, Section 13662 specifically states that an LCP amendment shall include *[a]ln analysis . . , that demonstrates conformlty wlth the requirements of Chapter 6 of the Coastal Act.“ Chapter 6 of the Coastal Act requires, among other things, that the designation of each sensitive coastal resource area shall be based upon a - JQN. 31.2OEi3 3: 48PM ,. amy Cary Warn A FnlclDnrlolI LLP The Honorable Mayor Claude A. Lewis and Members of the Councl) City of Carlsbad January 31,2003 Page Three N0.280 P.5/9 separate report containing "[aJ description of the coastal resources to be proteoted and the reasons why the area has been deslgnated as a sensitive coastal resource area? Cal. Pub. Res. Code, Sectlon 30502(b)(l). Here, the Tabata Residence Property, which hm been continuously and intensively used 4s agricultural land and as residential property, has been designated as envlronmentally sensitive habitat under the LCP Amendment. The City has failed to provide any cornpelllng reasons for such designation. In fact, Coastal Commission etPrff has already canclu4ad that the Tabata Residence Property Is not environmentally sensitive habitat, and the sits assessment of the Tabata Residence Property conducted by Dossey & Associates revealed that the Tabah Residence Property ha8 no potentlal to serve as a biological core or linkage area with other habitats, Because the City has failed to provide reasons why ths Tabata Residsnw Propprty ha6 been deslgnated as environmentally sensitive habitat (in fact, the City has erroneously included the Tabata Residence Property as envlronmentally sensltlve hsbltat) md Coastal Comrnlsslon staff has already cancluded that the Tabata Residence Property does not contain my envlronrnentally sensitive habitat, the LCP amendment will not be considered in conformity with the requirements of Chapter 6 of the Coastal Act. CONCLUSION Pursuant to tbe provklons of the Coastal Act, the Coqstal Commlssiorr will refuse to csrtlTy 8 local coastal program amendment that conflicts with the requirements of Chapter 6 of the Coastal Act. To fradlitate the Comtql Comm/ss/on's certMcation of the LCP Amendment, We Clty must remove the Tabata Residence Property from designation as environmentally sensitive habltat. We Shlhk the Council fbr your consideration of our comments. Sincerely, Qray Cary Ware & Freldenrlch UP Gray CSryWl W4283,2 Attachments a: Mr. and Mrs. Noburu Tabata (AtWmenfs; By Fax) Mr. Grqg Harrington (Aftechrnenb; By Fax) Wayne A. Pasco, R,C.E,, Pasco Engineerlng, Inc, (Attachments: 6y Fax) Peter M, Douglas, Executlve Director, California Coastal Commlsslon (Amcnrnents; sy ax) Michael Holzmiller, Plannlng Director, City of Carlsbad (Atfachrnenta; 0y Fax) Jane Mobaldi, Assistant City Attorney, City of Carlsbad (Attechmen&; By Fax) Joseph A. Delaney, Esq. (Atfacnrnenfs) - JQN. 31.2003 3: 48PM N0.280 P.6/9 6 EXHIBIT A Dossev & Associates Letter dated Januarv 15.2003 (See attached) I 1358 259-4812 )OSSEY 01/23/9UOS "RU 16:22 [TX/RX NO 59881 mOOS JQN. 31.2003 3: 49PM N0.280 P.8/9 EXHIBTT II California Coastal Commkslon LeEtw dated J4n.unrv 1 5, (See attached) #omrcuy 15,2003 01/25/2003 ‘PBZI 15:22 IFX/RX NO 63881 Q002