HomeMy WebLinkAboutLCPA 05-08; HMP Hardline Preserve Areas; Local Coastal Program Amendment (LCPA)IJ I ,
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CITY OF CARLSBAD .
LAND USE REVIEW APPLICATION
APPLICATIONS APPLIED FOR: (CHECK BOXES)
(FOR • '(FOR
DEPARTMENT DEPARTMENT
USE ONLY) .·USE ONLY)
Administrative Permit D ;-'llanned Industrial Permit
0 Administrative Variance D Planning Commission Determination
0 Coastal Development Permit D Precise Development Plan
0 Conditional Use Permit D Redevelopment Permit -
0 Condominium Permit D Site Development Plan
0 Environmental Impact Assessment D Special Use Permit
M--General Plan Amendment [?),.,, 2----D s'pecific Plan g Hillside Development Permit D +eRtati,,ce ~aFsel Map
Obtain from Engineering Department
Local Coastal Program Amendment ())~ D Tentative Tract Map
D Master Plan D Variance
D Non-Residential Planned Development ..0=--Zone Change OJ-I( ;
D Planned Development Permit { I D List other applications not specified
2) ASSESSOR PARCEL NO(S).: ~~~~ I .N "f5?1 p:1"ce{s)
3) PROJECT NAME: lf{Vt() tfovJiv~ ~~./ ~
4) 11\0~ ~\t\~~f..... ~A te~P ~/c,;;e p,c_{')e.,Le--o/W-9 BRIEF DESCRIPTION OF PROJECT: G
v v ~~~~ I fo~~
~ ~
5) OW~ME (Print or Type)
/
6)APPLIC~) 011 .· .
MAILING ADDR'/ MAILING ADDRESS /{73~ hx-b.y 1/v.
CITYANDST~ ~ELEPHONE ~:w~ ZIP fw JELEPHONE
~DB 6ot-%oo
EMAIL ADDRESS: -.......__ EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
KNOWLEDGE. CORRECT TO THE BEST OF MY KNOWLEDGE.
...-...--
SIGNATURE DATE SIGNATURE DATE
7) BRIEF LEGAL DESCRIPTION
NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILEO, MUST 91: SUBMITTED-PRIOR TO 3:30 P;M. J
A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMI,TTED PRIOR T() 4:00. P;JI,t ~
. .e:) LOCATION OF PROJECT:
STREET ADDRESS
ON THE SIDE OF
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN AND
(NAME OF STREET) (NAME OF STREET)
9) LOCAL FACILITIES MANAGEMENT ZONE
1 0) PROPOSED NUMBER OF LOTS 011) NUMBER OF EXISTING 012) PROPOSED NUMBER D RESIDENTIAL UNITS OF RESIDENTIAL UNITS
13) TYPE OF SUBDIVISION 014) PROPOSED IND OFFICE/ D 15) PROPOSED COMM D SQUARE FOOT AGE SQUARE FOOTAGE
16) PERCENT AGE OF PROPOSED 017) PROPOSED INCREASE 018) PROPOSED SEWER D PROJECT IN OPEN SPACE INADT USAGE IN EDU
19) GROSS SITE ACREAGE 020) EXISTING GENERAL 021) PROPOSED GENERAL D PLAN PLAN DESIGNATION
22) EXISTING ZONING 023) PROPOSED ZONING 024) HABITAT IMPACTS B IF YES, ASSIGN HMP #
25) IN THE PROCESS OF REVIEWING THIS-APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY
STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS
TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION .. 1/WE CONSENT
TO ENTRY FOR THIS PURPOSE
SIGNATURE
FOR CITY USE ONLY
FEE COMPUTATION
TOTAL FEE REQUIRED
Form 14 Rev. 12/04
RECEIVED
~~uG 2 3 2oos
CITY OF CARLSBAD
DATE P'l_~~ffil@ ECEIVED
RECEIVED BY:
PAGE 2 OF 5
HARDLINE PRESERVES WITHOUT OPEN SPACE GP DESIGNATIONS
Property/ Area
Summit
Calavera Heights
Carlsbad Highlands
Zone 5 area
CRC
Cost co
Emerald Ridge
Cobblestone
Palomar Oaks Way
Ocean Bluff
Roesch
DeJong
Poinsettia Hill
Lohf
Current GP (Zoning)
RM (C-2)
RLM (P-C)
RLM (R-A-1 0)
PI (P-M)
PI (C-M)
R (C-2-Q)
RLM (R-1-Q and R-1-10-Q)
RLM (R-1 and 0-S)
PI (P-M)
RLM (R-1-Q)
RLM (0-S)
RLM (R-1-Q)
RM (RD-M-Q)
RLM (R-1-Q)
APN
167-030-79
167-521-60
168-050-02,-29,-30,-31,-32
212-050-45' -46
212-130-35 and portions of 212-130-27, -28, -29, -30, -31,
-52 and portions of 212-120-07, -08, -09
portion of 211-040-36, -32 (? HMP mapping accurate?)
212-212-22; 214-543-29 (portion?); 214-544-05 (portion?),
214-544-07; 212-223-16
212-192-01' -03; 212-201-70
Portions of 213-091-01, -02, -05, -06, -15; remaining portions
of 213-092-25
215-072-42
215-074-22
Remaining portion of 215-083-09
215-880-01' -11
215-920-42
HARDLINE PRESERVES WITHOUT OPEN SPACE GP DESIGNATIONS
Paqe 2
Aviara (PA 32)
(PA 21)
(PA 18)
Aviara (PA 7)
(PA 23)
(PA 26N)
(PA 30)
(PA 26S)
(PA 28)
(PA 27)
Seascape
Mitsui/Murphy area
Green Valley
Arroyo La Costa
Las Olas Ct
Rice(?)
Rancho Verde
LC Canyon HS
LC Oaks 3.14, 3.15
Xana Way area
RM (P-C)
RLM (P-C)
RLM (P-C)
RM (P-C)
RM (P-C)
RLM (P-C)
RLM (P-C)
RLM (P-C)
RLM (P-C)
RLM (P-C)
RM (P-C)
Multiple
RLM (P-C)
RLM (R-1-1 0)
RLIOS (0-S)
RLM (R-1-10)
RL (P-C)
H (P-C)
RLM (P-C)
RLM (P-C)
Portion of 215-841-07
215-910-33; 215-900-29, -28, -52; portion of 215-042-03
215-891-10; 215-890-32, -47
215-670-13; portion of 215-671-03
215-960-18, -19
215-850-19, -20
215-860-30; 215-801-27
215-644-09, -1 0; 215-690-14
215-790-15; 215-780-12
215-710-36
214-353-08
Portions of 216-121-15, -17, -18, :.19, -20 (see mapping);
portion of 215-051-04
Remaining portions of 255-012-03, -04, -10
255-273-02; 255-253-28
255-040-57
264-010-38
264-460-16
264-482-02, -03, -04, -05; 264-500-15
223-332-04
223-681-19; 223-693-21
222-470-23; 222-151-80; portion of 223-021-12 89
The Coa~~-News
Decreed A Legal Newspaper by the Superior Court
of San Diego County.
Mail all correspondence regarding public
notice advertising to
The Coast News, P.O. Box 232-550,
Encinitas, CA 92023 (760) 436-9737
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the
county aforesaid;
I am over the age of eighteen years, and not a party to or
interested in the above entitled matter.
I am principal clerk of the printer of The Coast News, a
newspaper printed and published weekly and which news-
paper has been adjudged a newspaper of general circulation
for the cities of Del Mar, Solana Beach, Encinitas/Cardiff,
Carlsbad, Oceanside, San MarcosNista and the County
Judicial District by the Superior Court of the State of
California, County of San Diego (8/4/94, #677114, B2393,
P396); and that the notice, of which the annexed is a print-
ed copy, has been published in, each regular and entire issue
of said newspaper and not in any supplement thereof on the
following dates, to-wit:
September 2. 2005
I certify under penalty of perjury that the
foregoing is true and correct. Executed at
Encinitas, County of San Diego, State of
~on the 2nd day of September 2005.
-~~UxS'~
Clerk of the Printer
PlANNING DEPARlMOO
City Of
brlsba\1
Space above for County Clerk's Filing Stamp
<I . . .
I
PUBLIC NOTICE
TO INTERESTED PARTIES:
'Please be advised that the City of Carisbad is considering text amendments to
its Local Coastal Program (LCP) as summarized below. This amendment is
being proposed by the City of Carlsbad and is currently under review. This
notice hereby opens a six-week review-period after which the City Council will
consider all comments and act on the proposed amendment. The Planning
Commission hearing is expected to take place in October 2005,. and will be duly
noticed. The City Council hearing is expected to take place in October or
November 2005, and will be duly noticed.
A list of the: affected parcels, with their current and proposed designations, are
ava1lable for review at the following 'locations: (1) Carlsbad Planning
Department, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad
Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole
Library, 1250 Carlsbad Village Drive; and (5) the California Coastal
Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402
PROPOSED LCP AMENDMENT SUMMARY
LCPA 05-08 • HMP HARDLINE PRESERVE AREAS
The City's Zoning Ordinance is the implementing ordinance for the City's Local
Coastal Program. Accordingly, this Local Coastal Program Amendment is nec-
essary to ensure consistency between its proposed amended Zoning
Ord1nance and 1ts Local Coastal· Program. This specific General Plan
Amendment and Zone Change is as follows:
A change in the land use and zoning designations to Open Space for those
existing Habitat Management Plan hardline preserve areas throughout the City
that are not already designated as Open Space in conformance with the Habitat
Management Plan Implementing Agreement, approved on November 9, 2004.
If you have q_ny questions, please c8JI M!chae! Grim !n the P~anning ·Department
at (760) 602-4623. Written comments should be sent to the Planning
Department at 1635 Faraday Avenue1 Carlsbad. California 92008.
PJBUS1-~ DATE:
Septenber 2, 200.5
PUBUSi-l DATE ~=OR NO RTf-: COUNTY TlfV!ES: Septembei-2, 2005
PUBLISH DATE FOR COAST NEWS:: September 2, 2005.
CN 2440, Sept. 2, 2005
PROOF OF PUBLIC TION
(2010 & 2011 C.C.P.)
This space is_,. the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident of
the County aforesaid: I am over the age of eighteen
years and not a party to or interested in the above-
entitled matter. I am the principal clerk of the
printer of
2005
Pl.ANNINC DEPAmMEIY
City Of
£arlsbaf
Proof of Publication of
Formerly known as tht
Times-Advocate and wh TO INTERESTED PARTIES:
adjudicated newspapers
the Superior Court of tl Please be advised .that the City of parisbad is cor:-tsidering text ~mef1dments to its Coastal Program (LCP) as summanzed below. Th1s amenament 1s bemg proposed b
State of California, for t City of Carlsbad and 1s currently under review. This notice hereby opens a six-
th C.ty f E d"d rev1ew period after which the City Council will consider all comments and act on the e 1 o scon I o g_osed amendment. The Plannmg Commission hearing is expected to take pia
171349 for the County ~ctob!3r 2005, and will be duly no1iced. 1he Ci):y Cour:-tcil hearing is expected to . 'f place 111 October or November 2005, and w1ll be duly not1ced. notice o which the ann · .
in type not small th list of the affected parcels; with their current and Qroposed designations, are avail
. 1775 Dove Lane; (4) Georgma Cole Library, 1250 "Carlsbad VlllaQe Dnve; and (5 published in each regula . ve.nue) (2·.) C1ty C.lerk s.Offu?e, 1200 C.arlsbad Vlllag_.ee Dnve; (3). Carlsb~d Ma1n L1b
er ~r review at t.he follovying l9cations: (1) Carlsba9 Plannif!g Department, 1639 F~r
newspaper and not m a California Coastal Commission, 7575 Metropolitan Drive, Suite -103, San Diego
the following dates, to-wi 92108-4402 . . . . . .
September oznd, 200S LCPA 05-08 -HMP HARDLINE PRESERVE AREAS
, ~ PROPOSED LCP AMENDMENT SUMMARY .
he City's Zoning Ordinance is the implementing ordinance for the City's Local Co
•
1
Program. Accoraingly, this Local Coastal Prograrry Amen9ment is neqessary to en I certify (or declare) und consistency between 1ts proposed amended Zomng Ordmance and 1ts Local Co
the foregoing is true and c.IProgram. This specific General Plan Amendment ana Zone Change is as follows:
~ chanQe in the land use and zoning designations to Open Space for those exi .. "' ..... ,.... I Habitat~anagement Plan hardline preserve areas throughout the City that are n Dated at SA1 ~ MAKLOS 1ready designated as Open Space in conformance with the· Habitat Management Implementing Agreement, appreved on November 9, 2004. ·
This 02nd
If d:ou have any questions, please call Michael Grim in the Planning Department at
Day of Sept [~e~:~~~~~~~~~!!~i~r~~~f~r~~o~k~g~~~.~nt t~~~e Plann,ing D~p~~:ent-~t 1635
~ Signature
· Jane Allshouse
NORTH COUNTY TIMES
Legal Advertising
(J..
City of Carlsbad
I@ fl II II I ;t~ I •l§ ·til II; .t§ II I
PUBLIC NOTICE
TO INTERESTED PARTIES:
Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal
Program (LCP) as summarized below. This amendment is being proposed by the City of
Carlsbad and is currently under review. This notice hereby opens a six-week review period after
which the City Council will consider all comments and act on the proposed amendment. The
Planning Commission hearing is expected to take place in October 2005, and will be duly
noticed. The City Council hearing is expected to take place in October or November 2005, and
will be duly noticed.
A list of the affected parcels, with their current and proposed designations, are available for
review at the following locations: (1) Carlsbad Planning Department, 1635 Faraday Avenue; (2)
City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane;
(4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the California Coastal
Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402
PROPOSED LCP AMENDMENT SUMMARY
LCPA 05-08-HMP HARDLINE PRESERVE AREAS
The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal
Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure
consistency between its proposed amended Zoning Ordinance and its Local Coastal Program.
This specific General Plan Amendment and Zone Change is as follows:
A change in the land use and zoning designations to Open Space for those existing Habitat
Management Plan hardline preserve areas throughout the City that are not already designated as
Open Space in conformance with the Habitat Management Plan Implementing Agreement,
approved on November 9, 2004.
If you have any questions, please call Michael Grim in the Planning Department at (760) 602-
4623. Written comments should be sent to the Planning Department at 1635 Faraday Avenue,
Carlsbad, California 92008.
PUBLISH DATE: September 2, 2005
PUBLISH DATE FOR NORTH COUNTY TIMES: September 2, 2005
PUBLISH DATE FOR COAST NEWS: September 2, 2005
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @
EXISTING HMP HARDLINE PRESERVE PROPERTIES
WITHOUT OPEN SPACE GENERAL PLAN LAND USE DESIGNATIONS
(GPA 05-12/LCPA 05-08/ZC 05-11)
LFMP Zone Assessor's Parcel Number Current General Plan Proposed General Plan
and Zoning and Zoning
Zone 1 167-030-79 RM and C-2 OS and 0-S
Zone4 214-353-08 RM and P-C OS and P-C
Zone 5 212-050-45, -46 PI and P-M OS and 0-S
212-130-35 PI and C-M OS and 0-S
portions of 212-130-27,-28, -29, -30, PI and C-M OS and 0-S
-31, and -52
portions of 212-120-07, 08, -09 PI and C-M OS and 0-S
portions of 213-091-01,-02,-05,-06, PI and P-M OS and 0-S
and -15
portion of 213-092-25 PI and P-M OS and 0-S
portions of 211-040-32, -36 Rand C-2-Q OS and 0-S
Zone 6 223-681-19 RLM and P-C OS and P-C
223-693-21 RLM and P-C OS and P-C
Zone 7 167-521-60 RLM and P-C OS and P-C
Zone 11 222-470-23 RLM and P-C OS and P-C
222-151-80 RLM and P-C OS and P-C
portion of 223-021-12 RLM and P-C OS and P-C
223-332-04 Hand P-C OS and P-C
255-040-57 RLM and R-1-10 OS and 0-S
264-010-38 RL/OS and 0-S OS and 0-S
264-460-16 RLM and R-1-10 OS and 0-S
264-482-02, -03, -04, -05 RL and P-C OS and P-C
264-500-15 RL and P-C OS and P-C
Zone 12 255-273-02 RLM and P-C OS and P-C
255-253-28 RLM and P-C OS and P-C
Zone 15 168-050-02, -29, -30, -31' -32 RLM and R-A-10 OS and 0-S
Zone 19 215-644-09, -10 RLM and P-C OS and P-C
215-690-14 RLM and P-C OS and P-C
215-670-13 RM and P-C OS and P-C
portion of 215-671-03 RM and P-C OS and P-C
215-710-36 RLM and P-C OS and P-C
EXISTING HMP HARDLINE PRESERVE PROPERTIES
WITHOUT OPEN SPACE GENERAL PLAN LAND USE DESIGNATIONS
(GPA 05-12/LCPA 05-08/ZC 05-11)
LFMP Zone Assessor's Parcel Number Current General Plan Proposed General Plan
and Zoning and Zoning
Zone 19 portion of 215-841-07 RM and P-C OS and P-C
215-790-15 RLM and P-C OS and P-C
215-780-12 RLM and P-C OS and P-C
215-850-19, -20 RLM and P-C OS and P-C
215-860-30 RLM and P-C OS and P-C
215-801-27 RLM and P-C OS and P-C
215-891-10 RLM and P-C OS and P-C
215-890-32, -47 RLM and P-C OS and P-C
215-910-33 RLM and P-C OS and P-C
215-900-28, -29, -52 RLM and P-C OS and P-C
portion of 215-042-03 RLM and P-C OS and P-C
215-960-18, -19 RLM and P-C OS and P-C
portions of 216-121-15, -17, -18, -19, RM and P-C OS and P-C
and -20
portion of 215-051-04 RM and P-C OS and P-C
Zone 20 212-192-01' -03 RM and R-1/0-S OS and 0-S
212-201-70 RM and R-1 /O-S OS and 0-S
212-212-22 RLM and R-1-Q OS and 0-S
212-223-16 RLM and R-1-Q OS and 0-S
portion of 214-543-29 RLM and R-1-Q OS and 0-S
portion of 214-544-05 RLM and R-1-Q OS and 0-S
214-544-07 RLM and R-1-Q OS and 0-S
215-072-42 RLM and R-1-Q OS and 0-S
215-074-22 RLM and 0-S OS and 0-S
portion of 215-083-09 RLM and R-1-Q OS and 0-S
Zone 21 215-880-01' -11 RM and RD-M-Q OS and 0-S
21-920-42 RLM and R-1-Q OS and 0-S
Zone 23 portions of 255-012-03, -04, -10 C/0/RMH and P-C OS and P-C
General Plan designation abbreviations:
C/0/RMH
H
OS
PI
R
RL
RLM
RM
Commercial/Office/Residential Medium High Density
High School
Open Space
Planned Industrial
Recreational Commercial
Residential Low Density
Residential Low Medium Density
Residential Medium Density
Zoning designation abbreviations:
C-2
C-M
0-S
P-C
P-M
R-A-10
R-1-10
R-1-Q
RD-M-Q
General Commercial
Heavy Commercial/Light Industrial
Open Space
Planned Community
Planned Industrial
Residential Agriculture with 10,000 sq. ft. minimum lot size
One Family Residential with 10,000 sq. ft. minimum lot size
One Family Residential with a Qualified Development Overlay
Residential Density-Multiple with a Qualified Development Overlay
City
May 15, 2007
Deborah Lee
District Manager, San Diego Area
California Coastal Commission
Suite 103
7575 Metropolitan Dr
San Diego CA 921 08-4421
of Carlsbad
•:aE""""~•·z§·t•a•;.tga•
SUBJECT: CITY OF CARLSBAD LCP AMENDMENT #1-06 A AND B-HMP
IMPLEMENTATION PLAN AND HMP HARDLINE GPA
Dear Deborah:
Thank you for your comments and question related to the HMP implementation
LPCAs. Enclosed are the items requested in relation to the above referenced
applications. These items are:
LCPA #1-06A-HMP Implementation Plan:
1. Three (3) copies of the City's First HMP Annual Report;
2. Three (3) copies of the Preserve Management Plan, Annual Report
and Work Plan for the Kelly Ranch preserve area;
3. Three (3) copies of the a status on all City projects within the
Coastal Zone that rely on the Lake Calavera Mitigation area, as
listed Appendix B-3 of the approved HMP.
LCPA #1-068-HMP Hardline GPA
1. Three (3) copies of a list of Coastal Zone properties proposed for
land use and zoning changes. As shown on this list, a total of 52
Coastal Zone properties are proposed for land use changes and 18
of those also include zoning changes. (Three copies of the City
LCPA resolution with map attachments are also enclosed for
reference-this resolution was included in the original application).
2. A marked up copy of the HMP map (also known as Figure 28)
indicating the location of all of the 52 parcels included in the LCPA.
The numbers on the map correspond to the number reference on
the list of properties identified in item #1 above.
1635 Faraday Avenue • Carlsbad, CA Q;2008-7314'" (760) 602-4600 .. FAX (760) 602-8559 .. www.ci.carlsbad.ca.us
CITY OF CARLSBAD LCP AMENDMENT #1-06 A AND B
May 15, 2007
Page 2
Please feel free to contact me at (760) 602-4623 or mgrim@ci.carlsbad.ca.us if
you have any questions. I am available to meet at your convenience if you would
like to discuss the submitted items and/or the HMP LCPA application. Thank you
for assisting us in the effectuation of the City's HMP implementation plan.
Senior Planner
Enclosures
C: Planning Director
Principal Planner DeCerbo
Senior Planner Jesser
File Copy
-
City of Carlsbad
I #JFI II II I ;t. I •X§ ·fl II 1·14 ,II
April 3, 2006
California Coastal Commission
San Diego District
Ste 103
7575 Metropolitan Dr
San Diego CA 92108-4402
APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT
I. JURISDICTION CITY OF CARLSBAD -LCPA 05-08-HMP Hardline GPA
SEGMENT? All
II. TYPE OF AMENDMENT SUBMITTAL (check)
Ill.
A) LUP D
B) ZONING D
C) LCP (Land Use & Zoning) ~
LCP STATUS
A) LUP CERTIFIED
B) ZONING CERTIFIED
C) ZONING OF COMM. ACTION ON
SUGGESTED MODIFICATIONS
D) PRIOR COMMISSION ACTION ON THIS
SUBMITTAL?
IV. SUMMARY OF AMENDMENT PROPOSAL
Y/N, DATE
y -1980
y -1996
None
None
/.
General Plan Amendment and Zone Change to change the land use and zoning desig-
nations of the remaining existing Habitat Management Plan hardline preserve areas
throughout the City to Open Space.
V. COMMISSION OFFICE USE ONLY:
AMENDMENT#
DATE RECEIVED
DATE FILED
COMM. HEARING AGENDA -----------
COMMISSION ACTION: A: , AWM __ , D __ , Date....:------
VI. PROJECT PLANNER
For information regarding this application, please contact Michael Grim, Planner at (760)
602-4623.
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ®
LCPA SUBMITTAL REQUIREMENTS--CHECKLIST
10
2.
3.
4.
5.
6.
Council Resolution -signed and dated indicating
City intends to administer LCP consistent with the
Coastal Act and indicating date LCPA will take ef-
fect.
NOTE: All amendments take effect immediately
upon Coastal Commission approval
unless otherwise stated.
A reproducible copy of Council adopted LCPA D If new text indicates where it fits into certified
text.
If revised text clearly indicates using strike-
outs and/or underlines showing modifications.
If map change, submit replacement map.
A discussion of amendments relationship to and
effect on other sections of the previously certified
LCP.
Zoning measures that will implement the LCPA.
Affect on public access (only for area between first
public road and the Coast).
An analysis of potentially significant adverse cumu-
lative impacts on coastal resources.
7. Copies of environmental review documents.
8.
9.
Summary of measures to ensure both public and
agency participation.
~ List of public hearing dates
~ Notice of interested parties
~ Mailing list
D Comments
D Responses to comments
All staff reports plus attachments.
X (copy enclosed)
X (copy enclosed)
X (see attached)
X (see attached)
X (see attached)
X (see attached)
X (see attached)
X (see attached
& copies enclosed)
X (see attached)
X (see attached)
X (co~y enclosed)
il'
3. AMENDMENT'S RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE
PREVIOUSLY CERTIFIED LCP
/.
The proposed LCPA involves revisions to the Zoning Ordinance by way of rev.isions.·tL
the Zoning Map; the Zoning Ordinance is the implementing ordinance for all segments of
the LCP.
4. ZONING MEASURES THAT WILL IMPLEMENT THE LCPA
The proposed LCPA is a change of designation to Open Space, therefore Chapter 21.33
of the Zoning Ordinance will implement the proposed amendments. ·
5. AFFECT ON PUBLIC ACCESS
The proposed LCPA involves map designation changes and does not directly apply to
coastal access. It does not involve development nor does it propose any regulations
that would impact public access to coastal resources. Therefore, the proposed LCPA
does not preclude the provision of public access.
6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON
COASTAL RESOURCES
The proposed LCPA is only map change and does not involve any physical development
nor does it impact any regulations pertaining to coastal resources. Therefore, the pro-
posed LCPA will have no significant adverse cumulative impacts on coastal resources.
8. SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPA-
TION
The Local Coastal Program Amendment was duly noticed for over the six-week period,
from September 2, 2005 to October 13, 2005. Public comments were received from
three interested parties in response to the LCPA notice. The proposed amendment was
also reviewed through the duly noticed public hearings before the Planning Commission
and City Council, as listed below:
PLANNING COMMISSION:
CITY COUNCIL
December 21, 2005
February 7, 2006
STATE OF CAUFORNIA --THE NATURAL RESOURCES AGENCY ARNOLD
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
Mr. Mike Grim
City of Carlsbad
Planning Department
1635 Faraday Ave.
Carlsbad, Ca 92008
Re: Certification of City of Carlsbad LCP Amendment No. 1-06B (HMP General Plan
Amendment)
Dear Mr. Grim:
On August 7, 20081the California Coastal Commission approved the above referenced
amendment to the City of Carlsbad Local Coastal Program (LCP). The amendment involves
changes to the land use designation and zoning to reflect the changes made to 51 parcels all
within the Hardline Preserve area of the City's Habitat Management Plan area. These lots were
already protected by an Open Space Deed Restriction and/or Conservation Easement; however,
all of the proposed parcels were designated for residential and/or commercial uses and thus
could have potentially allowed additional development. This amendment modified either or
both of the land use and zoning designations for these parcels to Open Space.
The Commission approved the LCP amendment with suggested modifications. Specifically,
the suggested modifications removed two parcels from the land use and zoning re-designations
within the City's Habitat Management Plan. These two parcels will need to be brought back to
the Commission for a comprehensive review including additional parcels located directly
adjacent from these parcels, which were not included in the original submittal. The attached
modifications contain the specific changes adopted by the Commission.
Before the amendment request can become effectively certified, the Executive Director must
determine that implementation ofthe approved amendment will be consistent with the
Commission's certification order. This is necessary because the amendment was certified with
suggested modifications.
In order for the Executive Director to make this determination, the local government must
formally acknowledge receipt ofthe Commission's resolution of certification, including any
terms or suggested modifications; and take any formal action which is required to satisfy them,
such as rezonings or other ordinance revisions. This certification must also include production
of new LCP maps demonstrating that the amendment, as approved by the Commission and
accepted by the City, will be incorporated into the City's certified Local Coastal Program
immediately upon concurrence by the Commission of the Executive Director's determination.
As soon as the necessary documentation is received in this office and accepted, the Executive
. Director will report his/her determination to the Commission at its next regularly scheduled
public hearing. If you have any questions about the Commission's action or this final
August 11, 2009
Page2
certification procedure, please contact our office. Once again, thank you and the other staff
members who worked on this planning effort. We remain available to assist you and your staff
in any way possible to continue the successful implementation of the local coastal program.
cc: Toni Ross
Jennifer Jesser
~erely, " f) jJ 0~(mA~ftl({ltL-
Deborah Lee
District Manager
August 11, 2009
Page 3
CITY OF CARLSBAD LCP AMENDMENT #1-06B
HABITAT MANAGEMENT PLAN-GENERAL PLAN AMENDMENT
SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION
(August 7, 2008)
1. Remove Parcel #214-543-29 from the proposed amendment for both land use designation
and rezoning.
2. Remove Parcel #214-544-05 from the proposed amendment for both land use designation
and zoning.
STATE OF CALIFORNIA --THE RESOURCES AGENCY ARNOLD SCHW.~ZENEGGER, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 HETROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 92108-4421
(619) 767-2370
July 24, 2008
Th32b
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: SHERIL YN SARB, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT
DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO COAST DISTRICT
TONI ROSS, COASTAL PROGRAM ANALYST, SAN DIEGO COAST DISTRICT
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENT 1-06B (HMP/GPA Revisions) for Commission Meeting of August
6-8,2008
SYNOPSIS
The subject LCP land use plan and implementation plan amendment was submitted and
filed as complete on May 22, 2007. A one-year time extension was granted on August 9,
2007. As such, the last date for Commission action on this item is August 8, 2008. This
report addresses one of four components to the City of Carlsbad amendment request #1-
06. This staff report addresses the second component: (B) General Plan Amendment.
The first component (A) Habitat Management Plan Implementation Plan is also
scheduled for the August 2008 hearing. The third component (C) CUP Code revisions
was approved on January 12, 2007 and the fomih component; (D) Density Bonus
Revisions was approved on March 6, 2008.
SUMMARY OF AMENDMENT REQUEST
The City is proposing to amend its Land Use (LUP) and Implementation (IP or Zoning)
Plans to reflect the changes made to 51 parcels all within the Hardline Preserve area of
the City's Habitat Management Plan (HMP) area. These lots have already been protected
by an Open Space Deed Restriction and/or a Conservation Easement; however, both the
land use designation and the zoning still identifies that these parcels may be available for
future development. For example, numerous of these preserved areas are still designated
for residential and/or commercial uses. This amendment would modify either or both of
the land use and zoning designations to Open Space. In Master Plan areas, the zoning
would remain as Planned Community (PC) but the land use designation would be
modified to Open Space. The intent of this LCP amendment is to further protect these
preserved lands from future development. The modification of all preserve areas to Open
Space for both land use and zoning designations was a requirement included in the initial
approval of the HMP by the Commission. This is the first amendment to modify such
designations; however, additional amendments for other preserved lands are anticipated,
as the proposed modifications do not represent all of the HMP preserve.
City of Carlsbad LCP A 1-06B
HMP\General Plan Amendment (GPA)
Page 2
SUMMARY OF STAFF RECOMMENDATION
Staff is first recommending denial ofboth the LCP amendments as submitted and then
the approval with two suggested modifications. Two of the parcels (APN 214-543-29
and 214-544-05) proposed to be changed to open space are directly adjacent to other
large parcels also located in the habitat preserve area but not proposed in this amendment
to be redesignated open space. As explained by the City, one of the remaining parcels
was not redesignated because there is an existing residence on that parcel. However,
looking at only two parcels of a larger site in isolation could prejudice the establishment
ofthe preserve areas. It is unclear at this time what the habitat value is of all four parcels
in question, so the Commission is unable to find that an amendment that looks at two of
these parcels in isolation is consistent with the intent of the HMP, or the City's certified
LCP. Such an action \vould be premature and unnecessary. Those two parcels (APN #s
214-543-29, 214-544-05) could be brought back at a later date, and be reviewed at the
same time as the remaining two parcels that are also situated within the habitat preserve
area.
The appropriate resolutions and motions begin on Page 5. The suggested modifications
begin on Page 7. The findings for denial of the Land Use Plan Amendment as submitted
begin on Page 8. The findings for approval of the plan, if modified, begin on Page 10.
The findings for denial of the Implementation Plan Amendment as submitted begin on
page 11. The findings for approval of the plan, if modified, begin on Page 13.
BACKGROUND
The Carlsbad HMP was 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 ofVista and
San Marcos and several independent special districts. The participating local
governments and other entities will implement their pmiions of the MHCP through
individual subarea plans such as the Carlsbad HMP. Once approved, the MHCP and its
subarea plans replace interim restrictions placed by the U.S. Fish and Wildlife Service
(USFWS) and the California Department ofFish and Game (CDFG) on impacts to
coastal sage scrub and gnatcatchers within that geographical area, and allow the
incidental take of the gnatcatcher and other covered species as specified in the plan.
In its action on City of Carlsbad LCP Amendment No. 1-03B in July 2003, the
Commission certified the HMP as part of the LCP and found it to meet the requirements
of Sections 30240 and 30250 of the Coastal Act despite some impacts to environmentally
sensitive habitat area (ESHA). The Commission found that, pursuant to Sections 30007.5
and 30200(b), certification of the HMP with suggested modifications was, on balance, the
alternative that was most protective of significant coastal resources. Since certification
ofthe HMP/LCP Amendment, the Commission has approved several LCP amendments
similar to that proposed which would modify the residential and open space boundaries
City of Carlsbad LCP A l-06B
HMP\General Plan Amendment (GP A)
Page 3
and to rezone parcels from the Limited Control (LC) Zone to Residential Density
Multiple (RD-M) and Open Space (OS).
Some of the earlier developments were zoned for residential and/or commercial uses and
were part of the hardline preserve system. This represented a disparity between the goals
of the Habitat Management Plan (HMP) and the adopted land use designation and zoning.
The City was aware these parcels would need to be updated to reflect their current and
future allowable uses. This amendment represents the City's attempt at updating the
HMP preserved boundaries to reflect their desired land uses.
ADDITIONAL INFOR!\1ATION
Further information on the City of Carlsbad LCP amendment l-06B may be obtained
from Toni Ross, Coastal Planner, at (619) 767-2370.
PART I. OVERVIE\V
A. LCP HISTORY
City of Carlsbad LCP A 1-06B
HMP\General Plan Amendment (GPA)
Page 4
The City of Carlsbad certified LCP contains six geographic segments as follows: Agua
Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos
Lagoon/Hunt Properties and Village Redevelopment. Pursuant to Sections 30170(f) and
30171 of the Public Resources Code, the Coastal Commission prepared and approved
two portions ofthe LCP, the Mello I and II segments in 1980 and 1981, respectively.
The West Batiquitos Lagoon/ Sammis Properties segment was ce1iified in 1985. The
East Batiquitos Lagoon/Hunt Properties segment was ce1iified in 1988. The Village
Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development pem1its there since that time. On October 21, 1997, the City assumed
permit jurisdiction and has been issuing coastal development pe1mits for all segments
except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred
certification area until an implementation plan for that segment is certified. The subject
amendment request affects all the LCP segments, except the Village Redevelopment
Area.
B. STANDARD OF REVIE\V
The standard of review for land use plans, or their amendments, is found in Section
30512 of the Coastal Act. This section requires the Commission to certify an LUP or
LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act.
Specifically, it states:
Section 30512
(c) The Commission shall certify a land use plan, or any amendments thereto,
if it finds that a land use plan meets the requirements of, and is in conformity
with, the policies of Chapter 3 (commencing with Section 30200). Except as
provided in paragraph (1) of subdivision (a), a decision to certify shall require a
majority vote of the appointed membership of the Commission.
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning
ordinances or other implementing actions, as well as their amendments, on the grounds
that they do not confonn with, or are inadequate to can·y out, the provisions of the
certified land use plan. The Commission shall take action by a majority vote of the
Commissioners present.
C. 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.
City of Carlsbad LCP A 1-06B
HMP\Gcneral Plan Amendment (GPA)
Page 5
PART II. LOCAL COASTAL PROGRAM SUBMITTAL-RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolutions and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to each resolution.
I. MOTION 1: I move that the Commission certify the Land Use Plan
Amendment l-06B for the City of Carlsbad as submitted.
STAFF RECOMMENDATION OF DENIAL OF CERTIFICATION:
Staffrecommends a NO vote on the motion. Failure of this motion will result in denial
of the land use plan amendment as resubmitted and adoption of the following resolution
and findings. The motion passes only by an affirmative vote of a majority of the
appointed Commissioners.
RESOLUTION TO DENY CERTIFICATION OF LAND USE PLAN
AMENDMENT AS SUBMITTED:
The Commission hereby denies certification of the Land Use Plan Amendment for the
City of Carlsbad as submitted and finds for the reasons discussed below that the
submitted Land Use Plan Amendment fails to meet the requirements of and does not
conform to the policies of Chapter 3 of the California Coastal Act. Certification ofthe
plan would not comply with the California Environmental Quality Act because there are
feasible alternatives or mitigation measures that would substantially lessen any
significant adverse impact which the Land Use Plan Amendment may have on the
environment.
II. MOTION: I move that the Commission certify the Land Use Plan
Amendment l-06B for the City of Carlsbad if modified in
accordance with the suggested changes setfortlz in the staff
report.
STAFF RECOMMENDATION FOR CERTIFICATION IF MODIFIED.
Staff recommends a YES vote on the motion. Passage of the motion will result in
certification with suggested modifications of the submitted land use plan amendment and
the adoption of the following resolution and findings. The motion passes only by an
affirmative vote of a majority of the appointed Commissioners.
City of Carlsbad LCPA l-06B
HMP\General Plan Amendment (GPA)
Page 6
RESOLUTION TO CERTIFY SUBMITTED LAND USE PLAN AMENDMENT IF
MODIFIED AS SUGGESTED:
Subject to the following modifications, the Commission hereby cetiifies the Land Use
Plan Amendment for the City of Carlsbad as submitted and finds for the reasons
discussed herein that, if modified as suggested below, the submitted Land Use Plan
Amendment will meet the requirements of and conform to the policies of Chapter 3 of the
California Coastal Act. Certification of the plan if modified as suggested below 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 plan on the environment, or 2) there are no further
feasible alternatives or mitigation measures which could substantially lessen any
significant adverse impact which the Land Use Plan Amendment may have on the
environment.
III. MOTION: I move tlzat tlze Commission reject tlze Implementation Program
Amendment I-06B for tlze City of Carlsbad as submitted.
STAFF RECOJ\1l\1El\:DATION OF REJECTION:
Staff recommends a YES vote. Passage of this motion will result in rejection of
Implementation Program Amendment 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 CERTIFICATION OF THE IMPLEMENTATION
PROGRAM AMENDMENT AS SUBMITTED:
The Commission hereby denies certification of the Implementation Program Amendment
submitted for the City of Carlsbad and adopts the findings set forth below on grounds that
the Implementation Program Amendment as submitted does not meet the requirements of
and is not in conforn1ity with the policies of Chapter 3 ofthe Coastal Act Certification of
the Implementation Program Amendment 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 Program
Amendment as submitted
IV. MOTION: I move tlzat the Commission certifj1 tlte Implementation Program
Amendment l-06B for tlte City of Carlsbad if it is modified as
suggested in tit is staff report.
STAFF RECOMMENDATION:
City of Carlsbad LCPA 1-06B
HMP\General Plan Amendment (GPA)
Page 7
Staff recommends a YES vote. Passage of this motion will result in certification of the
Implementation Program Amendment with suggested modifications and the adoption of
the following resolution and findings. The motion passes only by an affinnative vote of a
majority of the Commissioners present.
RESOLUTION TO CERTIFY THE IMPLEJ\1ENTATION PROGRAM
AMENDMENT \VITH SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendment for the City
of Carlsbad if modified as suggested and adopts the findings set forth below on grounds
that the Implementation Program Amendment with the suggested modifications will meet
the requirements of and be in conformity with the policies of Chapter 3 of the Coastal
Act. Certification ofthc Implementation Program Amendment if modified as suggested
complies with the California Environmental Quality Act, because either 1) feasible
mitigation measures ami/or alternatives han~ 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 and mitigation measures that
would substantially lessen any significant adverse impacts on the environment.
PART III. SUGGESTED I\IODIFICATIONS
Staff recommends the following suggested revisions to the proposed LCP be adopted.
The underlined sections represent directions to the City as to what modifications it should
make to its LUP and IP as originally submitted.
1. Remove Parcel #214-543-29 from the proposed amendment for both land use
designation and rezoning.
2. Remove Parcel #214-544-05 from the proposed amendment for both land use
designation and zoning.
PART IV. FINDINGS FOR DENIAL OF CERTIFICATION OF THE CITY OF
CARLSBAD LAND USE PLAN AMENDMENT 1-06B, AS
SUBMITTED
A. AMENDMENT DESCRIPTION
The City is proposing to amend their Land Use (LUP) and Implementation (IP or Zoning)
Plans to reflect the changes made to 51 parcels all within the Hardline Preserve area of
the City's Habitat Management Plan area. These lots have already been protected by an
Open Space Deed Restriction and/or Conservation Easement; however, both the Land
Use designation and the zoning for these parcels allow development. All of the proposed
parcels are cunently designated for residential and/or commercial uses. This amendment
would modify either or both of the land use and zoning designations for these parcels to
City of Carlsbad LCPA 1-06B
HMP\Gencral Plan Amendment (GPA)
Page 8
Open Space. In Master Plan areas, the zoning would remain as Planned Community (PC)
but the land use designation would be modified to Open Space. The intent of this LCP
amendment is to fmiher protect these preserve properties from future development. The
modification of all preserve sites to Open Space for both land use and zoning
designations was a requirement included in the initial approval of the HMP by the
Commission. This is the first amendment to modify such designations; however,
additional amendments for other preserve sites are anticipated, as the proposed changes
do not represent all of the preserve propetiies.
B. NONCONFORl\liTY OF THE CARLSBAD LCPA 1-06A WITH
CHAPTER3
1. Environmentally Sensitive Habitat Areas. The Coastal Act provides:
Section 30240.
(a) Environmentally sensitive habitat areas shall be protected against any
significant disruption of habitat values, and only uses dependent on those resources
shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and
parks and recreation areas shall be sited and designed to prevent impacts which
would significantly degrade those areas, and shall be compatible with the
continuance ofthose habitat and recreation areas.
In 2003 the Commission approved an LCP amendment certifying the City's Habitat
Management Plan (HMP) as part of the LCP. The City initially developed the HMP in
response to the coastal California gnatcatcher being listed as threatened under the federal
Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq. In order to proceed with
development, areas with gnatcatchers would have had to completely avoid a "take" of
this species or else receive federal authorization for such an impact. The HMP was
developed to receive federal authorization for management of gnatcatcher habitat on a
City-wide basis, as opposed to each proposed development seeking its own authorization.
Because the HMP included areas in the Coastal Zone, the City proposed its inclusion in
the LCP as well.
When the HMP was first proposed, the City's LCP did not protect any native habitat on
slopes less than 25% grade. It was understood when the HMP was first certified that
implementation ofthe HMP would result in some loss of native habitat and listed species
throughout the region, inconsistent with Section 30240 of the Coastal Act.
Additionally, greater benefit would be obtained from preserving large contiguous areas of
the most environmentally sensitive vegetation and wildlife areas rather than preserving
all fragmented pieces of habitat in place. Further, the approved mitigation requirements
assured that there would be no net loss of ESHA within the coastal zone. In order to find
the Habitat Management Plan consistent with the Coastal Act, the Commission had to
City of Carlsbad LCPA l-06B
HiVIP\Gcncral Plan Amendment (GPA)
Page 9
find that the approval of the HMP represented the most protective option for coastal
resources. A component of this is the need to update the land usc and zoning on parcels
within the HMP preserve to Open Space, to provide for better protection of the existing
coastal resources.
The proposed LCP amendment includes revised land use designations on 51 parcels to
reflect their inclusion in the HMP preserve and the intent of their use. The parcels are
currently being utilized as though they were open space; however, their land use and/or
zoning designations do not reflect such use. Presently, all 51 parcels have land use
designations for residential and/or commercial uses. These designations are inconsistent
with the Chapter 3 policies regarding Environmentally Sensitive Habitat Areas (ESHA).
The above stated Coastal Act policy protects ESHA and specifies that
"development. .. shall be compatible with the continuance of those habitat and
recreational areas." As currently designated, these parcels would not require an
amendment to the LCP if development was to be proposed, as the current designations
allow for such uses. The City has indicated that it would not authorize development on
these parcels and that currently these parcels arc functioning as preserved habitat areas.
However, by modifying the designation ofthe preserve parcels to Open Space, any future
development proposals would need to change the land use and/or zoning designations,
thereby triggering an LCP amendment. Because these areas are currently being counted
as part of the required preserve acreage, if such a request was to be brought forward to
the Commission, not only would an LCP amendment be required for changes to the land
use and zoning designations, but an HMP amendment would also be required.
For the most part, these land use re-designations are acceptable, conform to the adopted
HMP and.represent added security for the long-term conservation of the preserve.
However, two ofthe proposed parcels (APN #s 214-543-29/214-544-05) included in this
proposed amendment raise concerns. These two parcels (ref. Exhibit #1 ), are located
contiguously with two additional parcels also within the HMP preserve areas. However,
the adjoining two parcels were not included in the proposed amendment. This limited
inclusion of only two of the four contiguous parcels may lead to impacts to the habitat
areas for two different reasons. The primary concern is that by protecting only two of the
four contiguous parcels in the area, the entire preserve site is not being considered as a
whole thereby possibly prejudicing the delineation of the least sensitive development
footprint. It is possible that all four parcels are owned or could be purchased by a single
entity, in which case they could be developed, if at all, in a comprehensive manner. At
this point it is unclear what portions of these four parcels contain the most valuable and
sensitive habitat. By preserving only two of the four parcels the Commission is being
asked to prematurely establish the development/open space boundaries when it could be
more beneficial for some combination of the four parcels to be preserved as open space.
As such, the Commission has modified the proposed amendment to remove these two
parcels, and recommends the City subsequently bring forward an amendment including
either the proposal for the remaining two lots to be included in Open Space, or detailed
biological data as to the merits for including only (APN #s 214-543-29, 214-544-05) and
how these two parcels having open space designations would be most consistent with the
Chapter 3 policies petiaining to the protection of ESHA.
City of Carlsbad LCP A l-06B
HMP\Gcneral Plan Amendment (GP A)
Page 10
The second concern is that in speaking with the City, it was indicated that one of the
parcels that is not included in this amendment has existing development on the parcel and
the property owner had no interest in preserving the rest of the land as Open Space. As
such, the cun·ent hardline drawn for the preserved habitat within the HMP is incorrect, as
this parcel is cunently included within the hardline preserve area but it is developed. The
City is aware that rectifying this type of discrepancy would require an LCP amendment
for modifying the HMP preserve area. This should be addressed with a future LCP
amendment. The Commission finds that the desired use of this parcel be determined and
folded into the comprehensive review of all four parcels, and then brought forward to the
Commission as a proposed amendment allowing for any desired changes to land use,
zoning, or HMP hardline preserve areas.
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD LAND
USE PLAN, IF 1\IODIFIED
The Commission finds, for the specific reasons detailed below, that the land use plan, if
modified as suggested, conforms with Chapter 3 of the Coastal Act.
The certified City of Carlsbad LCP land use plan (LUP) has been amended to incorporate
the City's Habitat Management Plan (HMP). The HMP ·was developed to meet the
requirements of the Coastal Act, the Endangered Species Act and the Natural
Communities Conservation Planning (NCCP) process. The certified LUP includes
Coastal Act Sections 30233 and 30240 as applicable standards of review for development
within and adjacent to wetlands and other environmentally sensitive habitat areas. As a
component of the HMP certification, future modifications to both land use and zoning
designations were discussed. It was determined that to be consistent with the ESHA
policies of Chapter 3 of the Coastal Act, the City would need to update the land use and
zoning designations of multiple properties to reflect the allowable uses within the HMP
preserve. As discussed previously, many ofthe parcels included in the HMP preserve
retained land use and zoning designations that still reflect the potential for development
at these locations. Because these areas have been set aside as part of the HMP preserve
system, development on these parcels would be inconsistent with the intent ofthe
adopted HMP. As such, it was detern1ined that in order to make these areas more
consistent with Chapter 3 and the certified HMP, the City would retum with an
amendment request modifying these inappropriate land use/zoning designations.
The proposed amendment would result in 51 parcels being updated to reflect Open Space
land use and zoning designations. The result would be 51 parcels gaining more
protective standards, and the intent to prohibit future development on those properties
would be better represented by such designations. Two suggested modifications have
been included in the approval ofthis amendment removing two parcels from the
proposed update. As discussed above, designating these two parcels as Open Space
without a comprehensive review of the surrounding property would be premature and
may result in prejudicing decisions regarding the location of any future development on
City of Carlsbad LCPA 1-06B
HMP\General Plan Amendment (GP A)
Page 11
these parcels. The remaining 49 parcels will be modified to Open Space and will
therefore better reflect the intent of the presen·e system.
Some ofthe parcels (16) have only a portion ofproperty within the hardline preserve
area. These properties typically contain natural habitat areas that are covered by an open
space easement and/or deed restriction. The proposed land use and zoning designation
change would only include that p011ion of the parcel within the open space easement and,
therefore, follow the existing hardline preserve boundary, consistent with the LUP.
In conclusion, the overall result of this proposed amendment would be update 49 parcels
to reflect an Open Space land usc designation. This land use/zoning designation will
further protect these parcels from development in the future and, as such, can be found
consistent with the ccrti fled land use plan, as modified above.
PART V. FINDINGS FOR REJECTION OF TI-lE CITY OF CARLSBAD
IMPLEMENTATION PLAN AlVIENDIVIENT 1-06B. AS SUBMITTED
A. Al\IENDMENT DESCRIPTION
The City is proposing to amend their Land Usc (LUP) and Implementation (IP or Zoning)
Plans to reflect the changes made to 51 parcels all within the Harclline Preserve area of
the City's Habitat Management Plan area. These Jots have already been protected by an
Open Space Deed Restriction and/or a Conservation Easement; however, both the current
land use designation and the zoning reflects that these parcels are available for future
development. For example, numerous of these preserve sites are still designated for
residential and/or commercial uses. This amendment would modify either or both of the
land use and zoning designations to Open Space. In Master Plan areas, the zoning would
remain as Planned Community (PC) but the land usc designation would be modified to
Open Space. The intent of this LCP amendment is to further protect these preserve
parcels from future development. The modification to all preserve sites to Open Space
for both land use and zoning designations was a requirement included in the initial
approval of the HMP by the Commission. This is the first amendment to modify such
designations; however, additional amendments for other preserve sites are anticipated, as
the proposed modifications do not represent all of the HMP preserve.
B. SPECIFIC FINDINGS FOR REJECTION
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the cet1ified LUP.
a) Purpose and Intent of the Ordinance.
Open Space Zone. To provide for open space and recreational uses which have
been deemed necessary for the aesthetically attractive and orderly growth of the
community. It is used in conjunction with publicly owned property such as parks,
open space, recreational areas, civic centers and other public facilities of similar
City of Carlsbad LCPA 1-0GB
HMP\General Plan Amendment (GP A)
Page 12
nature. The zone also designates high priority resource areas at time of
development that, when combined, would create a logical open space system for
the community.
b) Major Provisions of the Ordinance.
Open Space Zone. The open space zone allows the following uses and structures:
beaches and shoreline recreation, bicycle paths, horse trails, open space
easements, public parks, City picnic areas and playgrounds, public access
easements, scenic and slope easements, transportation rights-of-way, vista points,
agricultural uses (field and seed crops, truck crops, horticultural crops, orchards
and vineyards, pasture and rangeland, tree farms and fallow lands). Permitted
accessory uses and structures include public restrooms, clubhouses, parking areas,
barbecue and fire pits, playground equipment, stairways, patios, changing rooms,
pool filtering equipment, fencing and other accessory uses required for the
conduct of the permitted uses. Uses allowed by conditional use permit include
group or organized camps, marinas, playfields and athletic fields, public facilities,
recreational campgrounds, public stables and riding academies, golf courses,
swimming pools, tennis courts, private playgrounds and picnic areas, other related
cultural, entertainment and recreational activities and facilities and stands for the
display and sale of aquaculture products grown on the premises. There is no
minimum lot area established for the open space zone. No building or structure in
the zone shall exceed thirty-five feet in height unless a higher elevation is
approved as a conditional use permit by the Planning Commission.
c) Adequacy of the Ordinance to Implement the Certified LUP Segments.
As previously discussed, in 2003, the Commission certified the City of Carlsbad's Habitat
Management Plan and it was included in the City's Land Use Plan. As such, the
regulations and policies included in the HMP were included in the standard ofreview
when addressing HMP lands within the Coastal Zone. As a component of the HMP
certification, it was determined that in order for the lands within the preserve system to be
consistent with the intent of the HMP and thus the LCP, an LCP amendment would be
required to modify all land use and zoning designations within the preserve to Open
Space to better protect the sensitive habitat. This amendment is the City's response to
that requirement.
As proposed, the City has included 51 parcels to be rezoned to Open Space. The
Commission recognizes that this amendment would increase the lands designated for
preservation; and, as such, it promotes protection of these lands. However, two ofthe
parcels proposed for modification raise concerns.
Parcel numbers (APN #s 214-543-29, 214-544-05) arc adjoined by two other parcels that
are shown as preserve sites, but are not included in the proposed amendment. The
concerns for modifying the zoning to Open Space are identical to the concerns for
modifying the land use to Open Space.
City of Carlsbad LCPA 1-06B
HMP\General Plan Amendment (GPA)
Page 13
As previously discussed, the I-IMP is a comprehensive large-scale system promoting the
preservation of the most valuable habitat, but still allowing for some development and
economic growth by the City. The intent of the HMP was to establish a large scale vision
for protection of habitat as opposed to piecemealing the sensitive habitat based on
proposed individual developments. The same concerns are raised by the inclusion of
these two parcels. Again, APN #s 214-543-29 & 214-544-05 are located contiguous with
two other parcels included in the hardline preserve of the HMP; as such, these parcels
should be zoned as Open Space. It is possible that all four parcels are owned or could be
purchased by a single entity, in which case they could be developed, if at all, in a
comprehensive manner. At this point it is unclear what portions of these four parcels
contain the best existing or potential habitat value. By preserving only two of the four
parcels, the Commission may prejudice the future evaluations of these parcels and
ultimately the determination of the most appropriate development preserve boundary.
The IP Amendment as proposed is therefore inconsistent with the certified LUP and must
be denied.
PART VI. FINDll'GS FOR APPROVAL OF THE CITY OF CARLSBAD
Il\IPLEI\IENTATION PLAN A!\IENDMENT 1-06B, IF MODIFIED
The provisions for interim and long-term management of the preserve system were to be
incorporated into the Implementation Plan of the LCP through an LCP amendment within
one year of Commission certification of the HMP as part of the certified LCP.
Unfortunately, the one-year goal has not been met as the HMP was certified by the
Commission in August 2003. The City has submitted LCP Amendment #1-06A (HMP
Implementation Plan) and action by the Coastal Commission on this amendment is also
scheduled for the August 2008 hearing. However, the recommendation is for denial due
to the deficiencies in the proposed HMP Implementation Plan.
Another one of the major goals of the HMP Implementation Plan will be to establish an
open space conservation mechanism that will ensure protection of coastal resources in
perpetuity. It was anticipated this mechanism would include a conservation oriented
open space zone or overlay that would restrict uses within the habitat preserve to resource
dependent uses which arc more restrictive and protective of coastal resources than the
current open space zone certified in the LCP. The provision of a suitable open space
zone should be included as a part of any HMP Implementation Plan proposed by the City
of Carlsbad. The updated Open Space zone used for areas within the HMP preserve, as
proposed, are more restrictive and better implement the intent of the HMP and therefore
the LUP.
In response to this, the City included in the submitted HMP Implementation Plan
amendment proposal of an updated Open Space zone used for areas within the HMP
preserve to provide regulatory guidance as to the treatment of Open Space parcels
identified for habitat preservation. By changing the land use and zone designations of
parcels to Open Space, these HMP related policies and regulations would apply to all
City of Carlsbad LCPA 1-06B
HMP\Gcncral Plan Amendment (GP A)
Page 14
properties within the existing hardline preserve area. The updated regulations, as
proposed, are more restrictive and better implement the intent of the HMP and therefore
the LUP. However, to dat.e, the implementation plan component ofthe HMP has not
been certified, thus the allowed uses for Open Space within the preserve habitat have not
been included in the LCP.
Some of the parcels (32) would only include modification to their land use designation,
as the current zoning is Planned Community (PC). The PC zoning designation indicates
that the parcel is located in a Master Planned community. Each Master Plmmed
community has specific zoning ordinances intended to carry out the intent of the Master
Plan. These Master Plan areas, if located in the Coastal Zone, have been approved
previously through an LCP amendment. As such, maintaining those parcels zoned as PC
would better implement the certified uses of that master planned area. Again, these areas
would still function as Open Space, but would direct an interested party to the Master
Plan rather than the general Zoning Ordinance. On areas outside Master Planned
communities, the change in zoning also reduces any potential confusion for prospective
property owners as to the development potential of a parcel.
During the review of the proposed land use and zoning changes for the parcels in
question, it became apparent that other parcels may need to be brought forward at a later
date, as there was some confusion as to which parcels were to be included in the hardline
preserve area, such as the parcels surrounding the two removed from this amendment by
Suggested Modifications 1 and 2. The City has hired a biological fim1 to survey the
hardline preserve lands for any inconsistencies between habitat/development lines and the
boundaries of the hardline preserve. It is understood that upon completion of this survey,
an additional LCP amendment will be proposed by the City to modify any inaccuracies
between what is on the ground, and what has been certified by the LCP. The
Commission has suggested to the City that the parcels removed from this proposed
amendment through suggested modifications also be included in this future amendment.
It will then be the City's responsibility to demonstrate which preserve parcels warrant the
rezoning. The hardline boundaries and preserve sites will then not only be accurately
located, but accurately zoned, both of which are consistent with the certified land use
plan. Only as modified can the Commission find the proposed IP Amendment to be
consistent with the certified LUP.
Furthermore, the certification of the HMP IP will only provide additional protection to
the Open Space zoned areas within the preserved habitat, as the updated regulations are
more restrictive. In the interim, modifying the land use and zoning designations will
provide some additional protection to these preserve sites.
In conclusion, the City, in response to certification of the HMP LUP, has proposed the
modification of 51 parcels from land use and zoning designations of Residential and
Commercial to Open Space. This modification will result in additional protection to
these preserved areas, and will reduce any potential confusion for prospective property
owners as to the development potential of a parcel. The Commission has recommended
removal of two of the proposed parcels as there is some confusion as to the boundary of
City of Carlsbad LCP A 1-0GB
HMP\General Plan Amendment (GP A)
Page 15
the hardline preserve and the two adjacent parcels. However, this amendment represents
a step in the process of protecting a large-scale habitat preserve and, as modified, can be
found consistent with the City's certified LUP.
PART VII. CONSISTENCY \VITI-I THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
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. 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. The proposed land usc and zoning amendments, as modified, will not
result in adverse impacts on coastal resources or public access. The Commission finds
that there are no feasible alternatives or feasible mitigation measures available which
would substantially lessen any significant achTrse e1Tect which the LCP amendment may
have on the environment. Therefore, in terms of CEQA review, the Commission finds
that approval ofthe LCP amendment will not result in any significant adverse
environmental impacts.
( G:\San Diego\Reports·LCI's CarbbaJ l. \[( LCI'.-\ l-11Gl3 (GI'A).uoc)
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MAY -2 2 ZO-G7
CALIFORNIA -
COASTAL COMMISSION
PLAN1\TJNG COM1\1ISSION RESOLUTION N0.5~&tJGo COAST DISTRICT
A RESOLUTION OF THE PLA1\TNING COMMISSION OF THE /
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING-·
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM TO BRING THE
DESIGNATIONS ON THE LOCAL COASTAL PROGRAM,
GENERAL PLAN, AND ZONING 1v1..A.P INTO
CONFOR.~1ANCE FOR EXISTING HABITAT Tvi.Au~AGEMENT
PLAN HARDLINE PRESERVE AREAS.
CASE NAME: HMP HARDLINE GPA
CASE NO: LCP A 05-08
WHEREAS, California State law reqmres that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
\\TBEREAS, City of Carlsbad, has filed a verified application for an amendment
to the Local Coastal Program designations regarding various property throughout the City,
described as ("the Property"); and
\VHEREAS, said verified application constitutes a request fo~ a Local Coastal
Program Amendment as sho·wn on Exhibit "LCP A 05-08" dated November 16, 2005, attached
hereto, as provided in Public Resources Code Section 30574 and Article 15 of Subchapter 8,
Chapter 2, Division 5.5 of Title 14 of the California Code of Regulations of the California
Coastal Commission Administrative Regulations; and
WHEREAS, the Planning Commission did on the 16th day of November 2005,
hold a duly noticed public hearing as prescribed by law to consider said request; and
\VHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
;
25 relating to the Local Coastal Program Amendment; and
26 \VHEREAS, State Coastal Guidelines re~"~ ... .,<' !I c:iv '"'P~'k nnhlic review period
27
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for any amendment to the Local Coastal Program. EXHIBIT#1
Resolution of Approval
NO\V, THEREFORE, BE IT HER r----.;;::;-;::)ii--:;:;-:;--;:;r:;::~~~-:::---:-:---1
LCPA #1-068 HMP/GPA Revisions
1
2
..,
j
4
5
6
A)
B)
C)
That the foregoing recitations are true and correct.
At the end of the State mandated six \Veek review period, starting OJ:}. September
2, 2005, and ending on October 13, 2005, staff shall present to the.City Go~ncil a
summary of the comments received. · -~
That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of Hl\1P HARDLINE GPA -LCPA 05-08
based on the following findings, and subject to the follo\ving conditions:
7 ' Findings:
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1.
2.
That the proposed Local Coastal Program .A.mendment meets the requirements of, and is
in conformity \Vith, the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Carlsbad Local Coastal Program not being amended by this amendment, in that the
properties proposed for land use designation revision are identified in the City's
Habitat M.anagement Plan and the City's Local Coastal Program as hardline
preserve areas; no development shall occur on these properties, thus no geologic
instability or impacts to agricultural lands or scenic resources will occur, no
shoreline access is offered by the subject properties, and implementation of-the
HI\1P will assist in the preservation of environmentally scenic resources.
That the proposed amendment to the Carlsbad Local Coastal Program is required to bring
it into consistency with General Plan and Zoning Ordinance.
Conditions:
1. LCPA 05-08 is approved subject to the approval of GPA 05-12 and ZC 05-11 as
described in Planning Commission Resolutions No. 5999 and 6001.
I
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held en the 21st day of December 2005, by the fqlloyving
vote, to \Vit:
AYES:
NOES:
ABSENT:
ABSTAI\':
Chairperson Segall, Commissioners Dominguez, Heineman,
Montgomery, and \Vhitton
JEFFRE ~.SEGALL, Chairperson
CARLSBAD PLA~'NING COMMISSION
ATTEST:
~>t
DON1\TEU
18 Assistant Planning Director
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/
LOCAL COASTAL PROGRAM
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December 21. 2005
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A. 212-192-01
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December 21. 2005
LCPA Map Designation Change Zoning Map Designation Change
Property From: To: From: To:
A. 212-201-70 RM OS R-1/0-S OS
B. 212-212-22 RLM OS R-1-Q OS
C.212-223-16 RLM OS R-1-Q OS
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December 21. 2005
LCPA Map Designation Change Zoning Map Designation Change
Property From: To: From: To:
A. 215-072-42 RLM OS R-1-Q 0-S
B. POR 215-083-09 RLM OS R-1-Q 0-S
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December 21. 2005
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Property From: To:
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