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HomeMy WebLinkAboutLCPA 90-08; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (18)PETE WILSON, Governor * STATE OF CALIFORNIA-THE RESOURCES AGENCY *. -- CALI FORNIA COASTAL COMMISSION $AN DIEGO, CA 92108-1725 NOTICE OF PUBLIC HEARING SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 :6 1 9) 52 1 -8036 DATE: Thursday, September 16, 1993 TIME: 9:00 a.m. PLACE: Cathedral Hi 11 Hotel Van Ness and Geary San Francisco, CA The proposed development described on Page 2 of this notice is scheduled for a public hearing before the California Coastal Commission at the time and date indicated above. item has been tentatively scheduled as follows: Administrative Permit Consent Calendar Extension Request - *< y. c- " r- Adoption of Findings Carlsbad LCP-A 1-93/WNP Request for Reconsideration :i-r Mater? a 1 Amendment Hearing and Voting on Regular Calendar SEE NOTE ON PAGE 2 Continued Hearing and Voting on Regular Calendar Public Hearing on Regular Calendar Substantial Issue Determination and Hearing and Voting on Appeals from Local Government Decisions Continued Hearing and Voting on Appeals from Local Government Decisions Other: Information on Coastal Commission meeting procedures is enclosed on Pages 3 and 4. If, after reading this information and the project description on Page 2, you have questions, please contact the Commission's San Diego District Office at (619) 521-8036. The file on this project is available for public review at the District Office during regular business hours. staff report will be mailed to you upon request. The -0ver- Carlsbad LCP Amendment No. 1-93 (Carlsbad Ranch). City of Carlsbad granted amendment with suggested modifications to modify certified land use and implementation plans for Mello I1 segment to incorporate the Carlsbad Ranch Specific Plan regarding 423.5 acres on the north side of Palomar Airport Road, south of the future extension of Cannon Road and east of Paseo Del Norte. The approval with suggested modifications endorses the redesignation of approximately 113 acres from Non-Residential Reserve (NRR) to Open Space (OS), Professional Office/Planned Industrial (O/PI), Community Commercial/Professional Office/Planned Industrial (C/O/PI), Travel Services Commercial/Community Commercial (TS/C), and Community Commercial (C) with accompanying rezonings to implement the specific plan. amendment also included a rezoning from L-C-Q to C-T-Q on 2.3 net acres on the west side of Paseo Del Norte located north of Pea Soup Andersen's. (WNP-SD) The -2- .. L Coastal Commission Procedures fo- 'ermits and Appeals L Because the State Coastal Commission now issues all coastal permits for areas without LCPs, it has developed new, streamlined procedures for considering these permits. Appli- cants should submit their permit applications at the appropriate office. regional commissions no longer exist, the state commission's workload has increased tremendously. neglecting important coastal issues. Because The following procedures are intended to speed up the process without IF YOU ARE AN APPLICANT: In most cases, your application will be reviewed by the district staff and placed on the state commission agenda for the earliest possible meeting. Staff will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. ADMINISTRATIVE CALENDAR: for projects which are minor new developments, additions to existing stractures (not exceed- ing-$100,000. in cost), units or less. The Coastal' Act requires that all administrative permits be reported to the Commission at its next meeting before they take effect. be reported on the administrative calendar. If four or morn comnissioners request that an item be held for public hearing, the project will be removed from the administrative calendar and scheduled for a public hearing and possible vote at the next regular com- mission meeting. and other interested parties may speak in opposition to the project or its conditions. Testimony is limited to 3 minutes for each side. Administrative permits may be granted by the executive director single family residences, or multi-family projects of four .___ ---_ Administrative permits will Conditions may be attached to an administrative permit. Applicants CONSENT CALENDAR: Projects considered by staff to be consistent with the Coastal Act but which do not qualify for the administrative calendar may be placed on the consent calendar. Projects on the consent calendar will be approved by the commission with a single vote for the entire calendar. off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meetinq. Conditions may be attached to consent calendar permits. Opponents should tell the commission why the project is inconsistent with the Coastal Act. If three or more commissioners wish to pull an item Applicants who accept these conditions need not speak. Three minutes will be allowed for each side to speak to the commission. several persons wishing to address an item, efforts should be made to consolidate pre- If there are sentations in order to stay within the time-limits. the commission staff regarding subsequent hearings. Interested persons should check with REGULAR CALENDAR PERMIT APPLICATIONS: Projects potentially inconsistent with the Coastal Act or which can be approved only with conditions for which there are no clear precedents will be placed on the regular calendar and will be considered after a full public hearing. Persons supporting or opposing the project should tell the commission why they think the project is or is not consistent with the Act. policies and environmental impacts of the project and should not be redundant. Testimony must address coastal act Each side is allotted 10 minutes, with the applicant speaking first and then the opposition. Spoken rebuttal is not allowed, but written rebuttal or other pertinent material may be ~ submitted to the staff following the hearing. normally be rescheduled for continued hearing and voting at the next regular commission meeting. Projects on the regular calendar will On some projects, the staff may have emugh information to make a preliminary recommen- dation for approval after the public hearing has been held. In that case, the commission *may vote that day and not postpone the decision. When a staf? recommendation is presented to the commission, both the applicant and opponents have five minutes each to comment on the recommendations. is closed, the commission will discuss the matter and vote. After thefhearing -3- -~ 2 An applicant may request thc,the commission reconsider L REQUEST FOR RECONSIDERATI its previous action on a permit. The applicant must show that there is relevant new evidence which could not have reasonably been presented at the original hearing or that an error of fact or law occurred. the original proceedings are eligible to testify. Testimony is limited to three minutes for each side. matter will be scheduled for a public hearing-as if it were a new application. PERMIT AMENDMENTS: An applicant may apply for an amendment to a previously approved project. The amendment will be scheduled for a public hearing and any person may speak in support of or opposition to the amendment. Five minutes will be allotted to each side. Only the applicant and persons who participated in Should the commissioners vote to grant the reconsideration request, the PUBLIC HEARING PROCEDURES: If the item you are interested in speaking on is scheduled for a public hearing, you must fill out a "Request to Speak" form and give it to a staff person before the hearing starts. the back of the hearing room. Sign-up forms will be available on a table at Time limits for spoken testimony vary according to the three different calendars. of this limited the, applicants arid opponents are encouraged to submit written comments to the commission office at least one week in advance of the hearing. to two pages will be copied and forwarded to the commissioners by the staff. wish to submit lengthy comments, you must submit 20 copies to the commission office at least one week before the hearing. Because Comments of up If you If it is convenient, you may also wish to bring 20 copies of your spoken testimony to the hearing for distribution to the commissioners. Speakers may use maps, slides, photographs, models, and other visual materials in their presentations to the commission. Since such materials become part of the public record on the permit, reproductions of the materials shown must be submitted to the commission staff before or during the commission meeting, or the originals will be retained by the commission for 60 days. A carousel slide projector and screen will be available at the meetings. WHEN WILL AN AGENDA ITEM BE HEARD: Unfortunately, no one can predict how quickly the Commission will complete agenda items. ing notice. Each item is considered in the order listed, except in extraordinary cir- cumstances. The Commission will consider an item even thou'gh the interested persons are not present. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location for last- minute information. Each session begins at the time noted on the meet- CAMPAIGN CONTRIBUTIONS: To ensure the integrity of the permit process, the Coastal Com- mission has adopted regulations (Sections 13025.1 and 13045) prohibiting a Commissioner from voting on a permit matter if he or she has received a canpaign contribution from an interested party. If you intend to speak on a permit matter, please indicate on your speaker slip and/or in your testimony, if you have made campaign contributions in excess of$250 to any Commissioner within the last year, and if so, to which Commissioner you con- tributed. HOW MANY VOTES DOES IT TAKE TO APPROVE AN APPLICATION? Each permit must be approved by a majority of the commissioners who are allthorized to vote and who are present in the room. All permits on the consent calendar will be voted upon at one time with just one motion and one roll call. PUBLIC RECORDS: inspection at the meeting and at other times in the commission office. staff reports will also be available at the meeting. Public records on matters before the commission will be avail+le for Extra copies of ACCESS TO HEARINGS: Commission meetings are in centralized locations and are accessible to persons with disabilities. -4 - I C .- -.-- CARLSEAD XANCH STAFF RECOMMENDATIONS DATED NY 2L 1993 COMPILA'I'ION OF REVISIONS TO CARLSBAD LCP AMENDMENT 1-93 PART 111. SUGGESTED MODIFICATIONS (underlining indicates where added policy language is recommended For City proposed policies; entirely new pollcles recommended by staff are so noted) A. Mello I1 Seqment Land Use Plan 1. On page 2, Policy 2-1 "Conservation of Agricultural Lands", new policy language shall be added to read: 1. Consistent with the provisions of Sections 30241 and 30242 of the Coastal Act, It is the policy of the City to contribute to the preservation of the maxlmurn amount of prime agricultural land throughout the coastal zone by providing For the balanced, orderly conversion of designated non-prime coastal agricultural lands. Non-prime agricultural lands Identified on Map X Includinq the39.qZ. acre Carltas Property are designated Coastal Agriculture and shall be permitted to convert to urban uses subject to the agricultural mitigation or feasibility provisions set Forth in the LCP. 2. Conversion of designated coastal agricultural lands shall be permitted provided that: a) conversion would preserve prime agricultural lands within the statewide coastal zone Consistent with sections 30241 and 30242 or concentrate new development consistent with section 30250 of the Coastal Act; or b) continued or renewed agricultural use is not feasible. 3. Conversion o non-prime coastal agricultural lands shall be permitted Analysis), or Option 3 (Conversion Fee) as set forth below In this policy. consistent with Section 30242 of the Act, no feasibility analysis shall be required If a landowner selects Optlon 1 or Option - 3. pursuant to 44 ther Option 1 (Mitlgatlon), Option 2 (FeasSbility Option 1 -- Mitlgatlon Non-prime coastal agricultural lands shall be converted to urban use Consistent with the Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program is In effect that permanently preserves one acre of prime agricultural land within the statewide Coastal Zone for each acre of net impacted agricultural land In the LCP that Is converted. for purposes of calculating required mitigation acreage, net Impacted agricultural lands are the parcels and acreages designated on Map X and the 29.97 acre Carltas Property, minus the acreages in steep slopes (25% or greater) and.areas containing sensitive coastal resources that would preclude development. The standards and prqcedures for such a mitigatlon program shall be set forth In LCP implementing ordlnances. Recipients of prlme agricultural land Interests pursuant to this policy shall be limited to: 1) local or state agencies; or 2) tax exempt organizations whose principal charitable purposes are consistent with the agricultural mitigation program and qualify under Section 501 (c)(3) of the U.S. Internal Revenue Code. Further, mitigation priority shall be given to preserving prime agricultural lands in the coastal zones of counties selected by the State Coastal Conservancy for pilot program funding, and other counties with similarly qualified programs. Option 2 -- Determination of Agricultural Feasibility If the feasibility of contlnued agriculture Is questionable, elther the city or involved landowners may complete an agricultural feasibility study for: a) all coastal agricultural land lands in the LCP; b) 3 or 4 subareas which constitute logical subunlts; or, c) contiguous landholdlngs in single ownership of at least 100 acres. If Option 2 is selected, that portion of the study area determined to be feasible for continued agriculture, if any, shall be converted upon request of the landowner to urban use subject to compliance with the provisions of Optlon 1 above. That portion of the study area determined not to be feasible for continued agriculture could be converted only after: a) the City approves the feasibility study; an LCP amendment is prepared and submitted to the Coastal Commiss that provides for the conversion; and c) the Coastal Commission certifies the LCP amendment as to its conformance with the Coasta Act. b) on icultural Conversion Mitigation Fee Option 3 -- .Agr - ---- - -5 In lieu of the procedures established by the above options, property may be converted to urban uses upon payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be determined by the Citv Council at the time it considers a coastal development permit for urban development of the property. The fee shall not be less than five thousand dollars nor more than ten thousand dollars per net converted acre of agricultural land and shall reflect the approximate cost of preservinq prime asricultural land pursuant to the off-site mitiqatlon proqram (Option 1). The fees shall be paid prior to the issuance of buildinq permits for the project. All mitiqation fees collected under thls section shall be deposited in the State Coastal Conservancy Fund and shall be exDended by the State Coastal Conservancy in the followins order of priority: -2- - a. Restoration of natural resources and wildlife habitat in Batiquitos Lacroon. including but not limited to payment for operation and maintenance of a laqoon enhancement program. - b. OeveloDment of an InterDretlve center at Buena Vista Laqoon. - c. Restoration of beaches manaqed for public use In the coastal - d. Purchase of aqricultural lands for continued aqricultural zone In the Citv of Carlsbad. production within the Carlsbad Coastal Zone as determined bv the Carlsbad City Council. - e. Aqrlcultural ImDrovements which will aid in continuation of aqricultural production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council. For purposes of implementation, neither Option 1 nor Option 2 nor Optlon 3 shall have priority over the other. 4. To maximize and expedite the preservation of prime agricultural lands throughout the state coastal zone, all parcels designated coastal agriculture in the LCP including the 39-97 acre Carltas Property shall have an underlying urban land use deffgnatlon as identified on Map Y and the Carlsbad Ranch Specific Plan. Conversions of coastal agriculture land permltted by the CSty In conformance with either Option 1 or Option 2 or Option 3 as set forth in Policy 2 shall be consistent with the land use designations on Map Y and the Carlsbad Ranch Specific Plan. 5. Conversions or parcels designated coastal agriculture that are requested for uses other than the underlying land use designation on Map Y and the Carlsbad Ranch Speclfic Plan shall be subject to an LCP amendment to allow the City and the Coastal Commission to determine the consistency of proposed urban uses with other applicable provisions of the LCP and the Coastal Act. 2. In Section I1 of the Specific Plan, the following statement shall be added: The Carlsbad Ranch Specific Plan Is supplemental to the existing certified Mello I1 Land Use Plan. All the resource protectlon and land use provisions of the existing certified land use plan are applicable to the Carltas property. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy 3. #3-7 shall be added: Wetlands and riparian resources outside the lagoon ecosystems shall No direct Impacts may be allowed except be protected and preserved. for the expansion of existing circluation element roads Identified in the certified LCP and those direct impacts associated with -3- installation of utilities (i.e., water, sewer, an electrlcal lines). There must be no feaslble less environmentally-damaging alternative to the proposed dlsturbance; any allowable disturbance must be performed In the least envlronmentally-damaging manner. Open space dedication of sensitive resource areas is required, Mitigation ratios for'any temporary disturbance or permanent displacement of identifled resources shall be determined In consultatlon wlth the California Department of Fish and Game and the U.S. Fish and Wildlife Servlce. Appropriate mitigation ratios shall be determined based on site specific Information. Such information shall Include, but Is not limited to, the type and slze OF the development and/or proposed mitigations (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. The buffer shall be measured landward from the delineated resource. The Californla Department of Fish and Game and the United States Fish and Wlldlife Servlce shall be consulted in such buffer determinations. Buffer zones shall be protected through the execution of open space easements and passive recreatlonal uses are restricted to the upper half of the buffer zone. 4. In Section IV of the Specific Plan, the following provision shall be added : Height Lim~tatlons/Architectural Embelllshments The basic height limit for the Carlsbad Ranch development shall range from 35 - 45 feet. One architectural embellishment or accent feature, not to exceed 65 feet in height, may be permitted for the proposed hotel as long as the accent feature 1s unuseable space and restricted in bulk to no more than three percent (3%)-Of-the_ho~el's overa 11 roof surface. --w B. Mello I1 Seqment ImDlernenting Ordinances 5. Section 21.83.020of the Coastal Agricultural Zone shall be amended as fol lows : /-- '7 A. "Coastal Agricultural Lands" means those agricultural lands Identified on Map X attached to the Land Use Plan certified J-. 1981., Site I1 Site 111 275 Site IV 109 Lusk 93 Bank e rs 27 Hunt (Portion Thereof) 200 Carl tas E. "Net impacted Agricultural Land" means for purposes of calculating requlred mitigation acreage, the parcels and acreages The following are the lands Identified on Map X: 377 approximate acres N I I a (I I U I n n N 2.97 I' - -4- designated on Map X and the 79- Carltas ProDerty suitable for agricultural use minus the acreage in steep slopes (25% of greater) and areas containing sensitive coastal resources that would preclude development." 6. Section21.82.060, Subsection C. of the Coastal Agricultural Zone shall be ame iiilfiT-faTIXE : 1. An applicant or group of applicants may complete an agricultural feasibility analysis for one or any combination of the following study areas : (1) all coastal agricultural lands in the LCP area; (2) Individual feasibility analyses for each of the four subunits in the LCP (refer to Map X) Site I1 377 approximate acres Site 111 275 I' Site IV 109 'I Lusk/Bankers Site 120 I' Carltas Site 29_97'' It 11 II II or, (3) an individual study for thgHunt property may be submitted as part of a submitted master plan for each of its subunits. In Section VI1 of the Specific Plan, the following statement shall be 7. added : The Carlsbad Ranch Specific Plan 1s supplemental to the existing certified Mello I1 Implementing Ordinances. All of the municipal code provisions and Implementing ordinances of the existing Mello I1 Implementation Plan are applicable to the Carltas property. 8. Architectural Embelllshment/Hotel Site In Section IV of the Specific Plan, under Design Guidelines, the following provlsion shall be added: I A single architectural accent feature, not to exceed 65 feet, may be allowed for the hotel development as long as it is restricted in bulk .to no more than three percent (3%) of the hotel's overall roof surface. ot exceed 45 feet in height, inclusive of architectural embellishments. 9. the following statement shall be added: In Section IX of the Specific Plan, under Specific Plan Administration, All amendments, whether minor or major, shall be submitted. to the California Coastal Commission for their review and approval, prior to their enactment, in accordance with the Coastal Act of 1976 and the California Code of Regulations. -5-