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HomeMy WebLinkAboutLCPA 90-08B; Carlsbad Ranch Specific Plan; Local Coastal Program Amendment (LCPA) (21)L :ATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION 'AN DIEGO COAST AREA :ill CAMINO DEL RIO NORTH, SUITE 200 ;AN DIEGO, CA 92108-1725 - 19) 52 1-8036 TO: COMMISSIONERS AND INTERESTED PERSONS FROM : CHARLES DAMM, SOUTH COAST DISTRICT DIRECTOR DEBORAH N. LEE, ASSISTANT DISTRICT DIRECTOR, SAN DIE BILL PONDER, COASTAL PLANNER, SAN DIEGO AREA OFFICE SUBJECT: STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-96C (Carlsbad Ranch) TO THE CITY OF CARLSBAD LOCAL COASTAL PROGRAM-MELLO I1 LCP AND AGUA HEDIONDA LUP: Meeting of April 9 - 12, 1996) (For Public Hearing and Possible Action at the SY NOPS I S SUMMARY OF AMENDMENT REOUEST The proposed amendment revises the Land Use Plan (LUP) text and maps of the Agua Hedionda and Mello I1 segments of the Carlsbad Local Coastal Program (LCP). Also proposed are amendments to the LCP Implementation Plan (IP) which consist of zone changes as well as text amendments to the Carlsbad Ranch Specific Plan and the Coastal Agricultural Overlay Zone. These amendments are proposed to make the General Plan, Zoning, and Carlsbad Ranch Specific Plan consistent with the LCP. The proposed amendment modifies the certified land use and implementation plans for the Mello I1 segment 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 known as the "Carlsbad Ranch" to allow the development of office, research and development, related light manufacturing, commercial, hotel /timeshare, destination resort, golf course, agriculture, a vocational school campus and Legoland Carlsbad. The above uses would take place within 19 planning areas. The City proposes to modify the Mello I1 LUP as follows: (1) Revise Policy 2-1 (Conservation of Agricultural Lands) to apply it to the area of the Carl sbad Ranch within the agricultural preserve with the exception of approximately 52 acres to be retained for agricultural use; this policy allows conversion of approximately 301 acres of agricultural lands on the Carlsbad Ranch to urban uses if adequately mitigated and (2) provide that any acreage under the control of a public entity for use as public recreation or open space will be exempt from Policy 2-1. This would allow the proposed golf course to be exempt from the agricultural mitigation program. The amendment also allows development of agricultural lands previously under Williamson Act Agricultural Contract provided compliance with the LCP's agricultural conversion mi tigation requirements is achieved. Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 2 I1 LUP Policy 2-2 (Carl sbad Ranch "Mixed-Use" development n that development of land within the agricultural approval of a LCPA and compliance with Policy 2-1 and tural setback from 50 feet to a minimum of 25 feet from ral area. Revision #1 to this policy serves to tie the 2-1 to the areas of the Carlsbad Ranch not allowed to sbad Ranch "Mi xed-Use" development pol icy. Amendments to' the Mello I1 LUP map are proposed to revise land use designations to be cons! stent with proposed land uses. In addition, the City has adopted a new cads J bt@h Specific Plan as part of this effort. The amendments to the implementation plan consist of revisions to the Coastal Agricultural Overlay zone to apply the overlay to the Carlsbad Ranch property within the agricultural preserve, with the exception of the approximately 52 acres which are to be retained in agricultural use. An amendment is also proposed to the Agua Hedionda Land Use Plan segment to revise Policy 2-2 to permit a 24.2 acre area adjacent to and north of Cannon Road to be used as part of a proposed golf course and allowing it to be zoned as Open Space (04) rather than Exclusive Agriculture (E-A). SUMMARY OF STAFF RECOMMENDATION Staff recommends rejection of the proposed Mello I1 and Agua Hedionda land use plan amendments as submitted, and approval, if modified. Staff recommends approval of the proposed Mello I1 implementation plan amendment as submitted. The app ropri ate resolutions and motions may b 'e found on Paaes 6 - 7. The suaaes t ed modifications beg in on Paae 7. of the amendment to the Aaua Hedionda and Mello I1 Land Use Plan seaments begin on Page 9 . Hedionda and Mello I1 Land Use Plan seaments. if modified. beain on Paae 25. Findinss for amroval of the amendment to the Aqua Hedionda Land Use P1 an segment. if modified. a re on Paae 27. Findinas for aporoval of the amendment to t he Mello I1 Imelementation Plan. as sub mi tted. for the Carl sbad Ranch Specific Plan beain on Pacle 27. Findings for denial. as sub mi tted The findinas for approval of the amendment to t he Aclua BACKGROUND The Carlsbad Local Coastal Program consists of six geographic segments. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and I1 segments in 1980 and 1981, respectively. found several provisions of the Mello I and I1 segments unacceptable and declined to adopt the LCP implementing ordinances for the LCP. 1985, the Commission approved major amendments, related to steep slope protection and agricultural preservation, to the Mello I and I1 segments, which resolved the major differences between the City and the Coastal Commission. working toward certification of all segments of its local coastal program. Since the 1985 action, the Commission has approved several major amendments to However, the City of Carlsbad In October, The City then adopted the Mello I and I1 segments and began Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 3 the City of Carlsbad LCP. which lies within the Mello I1 and Agua Hedionda segments of the City's LCP. The subject amendment request involves property ADDITIONAL INFORMATION Further information on the City of Carlsbad LCP amendment may be obtained from Bill Ponder, at (619) 521-8036. Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 4 PART I. OVERVIEW A. Local Coasta 1 Proaram History-All Segments. The City of Carlsbad Local Coastal Program (LCP) consists of six geographic segments: 1,100 acres; the Carlsbad Mello I LCP segment with 2,000 acres; the Carlsbad Mello I1 LCP segment which includes approximately 5,300 acres; the West Bati qui tos Lagoon/Sammi s Properties LCP segment with 200 acres; the East Bati qui tos Lagoon/Hunt Properti es LCP segment wi th 1,000 acres and the Vi 11 age Area Redevelopment segment with approximately 100 acres. the Agua Hedionda Lagoon LCP segment comprised of approximately Pursuant to Public Resources Code Sections 30170(f) and 30171, the Coastal Commission was required to prepare and approve an LCP for identified portions of the City. This resulted in the two Carlsbad LCP segments commonly referred to as the Mello I and Mello I1 segments. The Mello I and Mello I1 LCP segments were approved by the Coastal Commission in September 1980 and June 1981, respectively. the City and approved by the Coastal Commission on July 1, 1982. The Agua Hedionda segment Land Use Plan was prepared by The Mello I, Mello I1 and Agua Hedionda segments of the Carlsbad LCP cover the majority of the City's coastal zone. They are also the segments of the LCP which involve the greatest number of coastal resource issues and have been the subject of the most controversy over the past years. involved in the review of the land use plans of these segments were preservation of agricultural lands, protection of steep-sloping hillsides and wet1 and habitats and the provi sion of adequate vi si tor-servi ng faci 1 i ti es. Preservation of the scenic resources of the area was another issue raised in the review of these land use plans. As mentioned, the City had found the policies of the certified Mello I and I1 segments regarding preservation of agriculture and steep-sloping hillsides to be unacceptable. therefore did not apply these provisions in the review of local projects. Among those issues The City In the summer of 1985, the City submitted two amendment requests to the Commission and, in October of 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and Mello I1 segments, respectively. These (major) amendments to the LCP involved changes to the agricultural preservation, steep slope protection and housing policies of the Mello I and I1 segments of the LCP. After certification of these amendments, the City adopted the Mello I and I1 LCP segments. The West Batiqui tos Lagoon/Sammi s Properties segment and the East Batiqui tos/Hunt Properties segment were certified in 1985. These LCP amendments paved the way for two large projects comprising the majority of each segment: the Batiqui tos Lagoon Educational Park-Sammis project within the West Batiquitos segment and the Pacific Rim Master Plan (now known as the Aviara Master Plan) within the East Batiquitos Segment. The plan area of the Village Area Redevelopment segment was formerly part of the Mello I1 segment of the LCP. In August of 1984, the Commission approved the segmentation of this 100-acre area from the remainder of the Mello I1 LCP Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 5 segment and, at the same time, approved the submitted land use plan for the area. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment of the LCP. post-certi fi cation maps occurred in December and the City assumed permit authority for this LCP segment on December 14, 1988. In addition to the review process for the six LCP segments mentioned, the City has also submitted at various times, packages of land use plan amendments to the certified LUP segments, including these segments, in an effort to resolve exi sti ng i nconsi stenci es between the City' s General P1 an, Zoning Maps and the Local Coastal Program. After all such inconsistencies are resolved, the City plans to submit, for the Commission's review, the various ordinances and post-certification maps for implementation of the LCP. At that time, or perhaps earlier, the City should also prepare and submit a single LCP document that incorporates all of the LCP segments as certified by the Commission dnd any subsequent LCP amendments. After review and approval of these documents by the Cornmission, the City would gain "effective certification". A review of the B. STANDARD OF REVIEW 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: Sect ion 305 12 (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 Sect,ion 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 conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present. C. PUBLIC PARTICIPATION The City has held Planning Commission and City Council meetings with regard to the subject amendment request. to the public. known interested parties. All of those local hearings were duly noticed Notice of the subject amendment has been distributed to all PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS Following a public hearing, staff recommends the Commission adopt the Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 6 following resolutions and findings. resolution and a staff recommendation are provided just prior to each resolution. The appropriate motion to introduce the A. RESOLUTION I (Resolution to deny certification of the City of Carlsbad Mello I1 and Agua Hedionda Land Use Plan Amendment 1-96C, as submitted) MOTION I I move that the Commission certify the Mello I1 and Agua Hedionda Land Use Plan Amendment 1-96C, as submitted. Staff Recommendation Staff recommends a and findings. Commissioners is needed to pass the motion. vote and the adoption of the following resolution An affirmative vote by the majority of the appointed Resolution I The Commission hereby denies certification of the amendment request to the City of Carlsbad Land Use Plan and adoDts t he findinas stated below on the grounds that the amendment will not meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the land use plan, as amended, will not be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment does not meet the requirements of Section 21080.5(d)(2)(i) of the California Environmental Quality Act, as there would be feasible measures or feasible alternatives which would substantially lessen significant adverse impacts on the environment. 8. RESOLUTION I1 (Resolution to approve certification of the City of Carlsbad Mello I1 and Agua Hedionda Land Use Plan Amendment 1-96C. if modified) MOTION I1 I move that the Commission certify the Mello I1 and Agua Hedionda Land Use Plan Amendment 1-96C, if modified. Staff Recommendation Staff recommends a YES vote and the adoption of the following resolution and findings. Commissioners is needed to pass the motion. An affirmative vote by the majority of the appointed Resolution I1 Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 7 The Commission hereby certifies the amendment request to the City of Carlsbad Land Use Plan and adoDts t he findinas stated be low on the grounds that the amendment, with suggested modifications, will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the land use plan, as amended, will contain a specific access component as required by Section 30500 of the Coastal Act; the land use plan, as amended, will be consistent with applicable decisions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment does meet the requirements of Section 21080.5(d)(2)(i) of the California Environmental Quality Act, as there would be no feasible measures or feasible a1 ternati ves whi ch would substanti a1 ly 1 essen si gni fi cant adverse impacts on the environment. C. RESOLUTION 111 (Resolution to deny certification of Mello I1 LCP Implementation Plan Amendment 1-96C, as submitted) MOTION I11 I move that the Commission reject the Mello I1 Implementation Plan Amendment 1-96C, as submitted. Staff Recommendation Staff recommends a and findings. present is needed to pass the motion. Resolution I11 vote and the adoption of the following resolution An affirmative vote by the majority of the Commissioners The Commission hereby improves certification of the amendment to the City of Carlsbad's Local Coastal Program on the grounds that the amendment conforms with and is adequate to carry out the provisions of the certified land use plan. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment. PART 111. SUGGES TED MODIFICATIONS (underlining indicates where added policy 1 anguage i s recommended for Ci ty proposed pol i ci es ; enti rely new pol i ci es recommended by staff are so noted) A. Policy 2.2 of the Agua Hedionda Land Use Plan shall be revised to read: Aaua Hedionda La nd Use P1 an 1. The south shore agricultural lands shall be designated "Open Space". This Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 8 larea shall be zoned "Exclusive Agriculture" except for the 24.2 acre area adjacent to and north of Cannon Road to be utilized as a golf course which shall be zoned "Open Space" in the implementation phase of the plan. Within the DroDosed a olf course. a Dublic trail with a vista Doint shall be Drovided from Cannon Road to the northern edse o f the aolf course alona the westernmost sect ion. The pub lic trail and vista DO int shall be s ianed to faci 11 tate a nd enhance pub lic use a nd shall be maintained and oDen to the public. The trail location and vista Doint may be relocated or removed if necessarv in coniunction with develoment of ad jacent areas D rovided a n alternate t rail and vista po int locat ion is app roved. SUDDO rt facilities (be nches. seati na areas ,. trash receDtac les) s hall be D rovided at t he vista DO i nt. B. Mello I1 Segment Land Use P1 an 2. Policy Z-l(a)(l) CONSERVATION OF AGRICULTURAL LANDS shall be revised to read: (a) Basi c Agri cul tural Pol i ci es (1 1 Coastal Agri cul ture: 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 maximum 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, including the 301.38 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. Any acreage d~QC~lfHklt6~f~Q116ff~f~~~l iltl#ritifj owned leased o r controlled bv t he City o f Carl sbad for a public recreation or open space use shall be exempt from Policy 2-1 and be permitted to convert from an agricultural use without satisfying one of the three conversion options, However. should ac reaa _e for a Dub 1 i c recreation or oDe n sDace use no lonaer be o wned. leased o r controlled bv t he Citv o f Carlsbad at some time in the future. the exemDtion from Policv 2-1 will be voided and one of the three co nversion options shall be i mp1 emented for said ac reaae. 3. Option 1 of Policy 2-l(a)(3), CONSERVATION OF AGRICULTURAL LANDS, Conversion Options, shall be corrected to read: Option 1 - Mitiaation (Prime Land Exchange) 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 cal cul at1 ng required mi ti gation acreage, net I- Car 1 s bad LCPA Page 9 - 1 -96C (Carlsbad Ranch) impacted agricultural lands are the parcels and creag-s designated on Map X and the 301.38 acre Carltas Property. minus the acreaae in steeD s loees (25% or areater) and areas containing sensitive coastal resources that would preclude development. 4. The first paragraph of Policy 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT shall be revised to read: This policy provides conditional development standards for the area of approximately 423 acres north of Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3, Page 93). All such lands owned either by Carltas or Ecke or their successor in interest shall be permitted, pursuant to approval of a Specific Plan to convert certain agricultural lands to residential and/or non-residential (including tourist-serving commercial) development as a means of providing supplementary uses which will assist in the retention of agricultural and public recreation uses on the remaining portions of these parcels. aDoroved SD ecific Plan (ea. the Carlsbad Ranch Specific Plan) will be incoroorated herein by reference as oa rt of the certified Mello I1 Land Use Plan. It should be noted that residential uses are possible only where they do not conflict with the Airport Influence Area and where they are compatible with adjacent uses. 5. Within the "Recreation and Visitor Serving Uses" section of the Mello I1 Land Use Plan, a new policy shall be added to read: Policy 6-10 RESTRICTION ON CONVERSION OF PUBLIC FACILITIES, USES OR VISITOR COMMERCIAL USES Anv faci 1 i tv. use or vi si tor-serving commercial development aporoved as beina ope n to t he Dub lic should remain available to t he aeneral Dub lic. Use co nversions or restrictions that se rve to be e xclusionarv shall 1 separate coastal development Demit. This reauirement shall be noticed on such oroiects bv the recordation of a deed restriction Drior to the i ssua nce o f a bu i 1 di na permit. PART IV. FINDINGS FOR DENIAL OF AMENDMENT 1-96C TO THE MELLO I1 AND AGUA HEDIONDA LAGOON LAND USE PLAN SEGMENTS The following is a more detailed description of the proposed land use designations and text changes to the Agua Hedionda Lagoon Land Use Plan and the Mello I1 Land Use Plan for that portion of the Mello I1 LCP relating to the Carlsbad Ranch property under the Carltas ownership. It is preceded by a brief history of the LCP policies regarding this property. -. Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 10 A. SUMMARY AND BACKGROUND 1. MELLO I1 LUP SEGMENT This LCP amendment proposal involves changes to both the Land Use Plan and Implementing Ordinances of the Mello I1 segment of the LCP regarding the Carlsbad Ranch. The 423 acre property is located to the north of Palomar Airport Road, east of Interstate 5. It is generally characterized by gently to moderately sloping lands overlooking the Pacific to the west, Agua Hedionda Lagoon to the north and Canyon de las Encinas to the south. The majority of the property has been used for agricultural production which predates the Coastal Act. Flowers, tomatoes, and strawberries are grown on the property. Other on-site uses include a palm tree nursery, produce sales stand, and a packing shed located near existing roads, Paseo del Norte and Palomar Airport Road. Surrounding land uses include agricultural land to the north, Car Country Carlsbad adjacent to the site at the northwest corner, Pea Soup Andersen's to the southwest across Paseo Del Norte, a 7-11 convenience store, Nurseryland, and the Price Club to the south across Palomar Airport Road, and undeveloped property to the east. The primary land use and environmental issues on this property can be limited to preservation of agricultural lands and the area's scenic resources. There do remain, however, scattered areas of steep sloping hillsides covered with native vegetation along the northeastern and southeastern portions of the property along with a riparian and freshwater marsh area in the south central portion of the site. Section 30242 of the Coastal Act calls for the preservation of non-prime agricultural lands. In an effort to preserve the agricultural lands of the site consistent with Section 30242 of the Coastal Act, the LCP as originally certified by the Commission in 1981, included special provisions for use of the contiguous 423 acre Ecke (Carltas) holdings. As with all of the agricultural lands of the Carlsbad LCP, the subject lands were treated as non-prime lands even though some of the property could have met the "prime" criteria because of the economic return the land was providing from agricultural production. The Commission's rationale for treating all lands in the LCP as non-prime was that the majority could not meet the prime status and to treat those that could meet the criteria solely based on economic return would penalize owners of such lands and would provide incentives for taking the most productive lands out of production. Major amendments to the LCP certified by the Commission in 1985 significantly changed the pol i ci es of the LCP regarding agri cul tural preservation. amendments essentially allowed for conversion of all of the agriculturally designated lands within the City's Mello I and Mello I1 segments. conversion was to be allowed pursuant to either (1) a determination of infeasibility of continued agricultural use based on area wide studies or, (2) participation in a mitigation program designed to offset the loss of agricultural lands or (3) payment of an agricultural mitigation fee. The funds accrued from the fees required under the third option are used in the restoration and enhancement of natural resources , pub1 i c access opportunities, Those Such Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 11 and agricultural preservation in Carlsbad. However, at the request of the subject owner, the Carltas property was not included in the LCP amendments approved by the Commission for the remainder of the Mello I and Mello I1 segment agricultural lands. Thus, the policies regardi ng preservation of the agri cul tural resources of the si te remained those which were originally approved with certification of the Mello I1 segment LCP in 1981 and subsequently amended three times: (Local Coastal Program Amendments 2-87, 1-88 and LCPA 1-93). The LCP as it now exists for the subject Carltas property allows for two different options for use of the overall acreage. Each addresses retention of agricultural uses over the majority of the site. The first option allows activities that are consistent with continued agri cul tural production on the various (exi sting) parcel s within the contiguous ownership. crop production, truck farms etc. of some structures, those normally associated with agricultural operations or family farms, such as silos, barns, roadside stands and a single family residence. With the certification of LCP Amendment 2-87, farmer's markets and floral auction houses were added as allowable agricultural uses, subject to size and location limitations. These uses are defined and include such activities as The permitted uses also allow development The second option is a "mixed use" approach to development of the overall site. urban uses while the remainder of the property must be retained in long-term agricultural production. allowing conversion and development of a portion of the property, a supplemental income can be provided which may relieve development pressures and allow for continued agricultural uses on the remainder of the site. the certification of LCP Amendment 1-88, the Commission approved the real ignmerit of agricultural and urban boundaries associated with preparing the site to be developed under the mixed use option. However, while the boundaries were changed, the overall acreage devoted to agri cultural uses and urban uses were not modified. development of the site under the mixed use option. Currently, under the mixed use option, the LUP allows conversion of a total of 92.6 acres of the overall 423 acres with a requirement that such conversion be done subject to a master plan, in this case, the Carlsbad Ranch Specific Plan (CRSP). Under this option, a portion of the lands are allowed to convert to The rationale for the mixed use approach is that by With The amended Specific Plan proposes the The Commission approved the Specific Plan in 1993 (LCPA #1-93). approved CRSP allows the development of 92.6 acres in office, research and development, retail, and hotel uses; 24.5 acres for a driving range and putting green; and retains 306.4 acres for agriculture until an amendment to the specific plan is approved. Approved development would result in approximately 1,450,000 sq.ft. of office, research and development uses; 220,000 sq.ft. of retail uses, and a 280 room hotel. The Gemological Institute of America (GIA) received Coastal Commission approval under the approved specific plan and is presently under construction. In addition to the LCP provisions regarding agricultural preservation, the The currently Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 12 site is a1 so subject to Wi 11 iamson Act Agricultural Preserve contracts which provide for tax assessment at a rate lower than fair market value for those acres retained in agricultural use. Prior to this amendment, the contract has been amended twice. addition to adding botanical gardens, farmer's markets, and a floral auction to the list of permitted uses. boundary resulting in the present configuration of the preserve. time, the Carltas acreage under contract was the same as that designated for continued agricultural use in the "mixed use" option of the LCP. The first amendment adjusted the contract boundary in The second amendment adjusted the contract At that All of the proposed LCP modifications are found on Exhibits ? - ?. The exhibits include maps of the existing and proposed LCP land use designations for the Carltas property. The exhibits also include a copy of the text changes which are proposed as modifications. 2. AGUA HEDIONDA LAGOON SEGMENT The amendment to the Agua Hedionda segment includes a revision to Policy 2-2 (Agriculture) to permit a 24.2 acre area adjacent to and north of Cannon Road to be used as part of a proposed golf course and allowing it to be zoned as Open Space (0-SI rather than Exclusive Agriculture (E-A). In addition, a zone change from Public Utility to Open Space is proposed on this site. B. CO NFORMANCE WITH SECTION 3000 1.5 OF THE COASTAL ACT The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that the land use plan amendment, as set forth in the resolution for denial as submitted, is not consistent with the policies and requirements of Chapter 3 to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act. It reads: The Legislature further finds and declares that the basic goals of the state for the coastal zone are to: a) Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manmade resources. b> Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state. c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consi stent with sound resource conservation principles and constitutionally protected rights of private property owners. d) Assure priority for coastal-dependent and coastal-related development over other developments on the coast. e> Encourage state and local initiatives and cooperation in Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 13 I. preparing procedure to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. c. NITNY 1. MELLO I1 SEGMENT a. Land Resources/Aariculture. Section 30242 of the Coastal Act states: All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime agricultural land or concentrate development consistent with Section 30250. Any such permitted conversion shall be compatible with continued agricultural use on surrounding 1 ands . The historic approach developed by the City and the Coastal Commission to address agricultural land preservation in the Mello I1 LCP was to ensure the preservation of prime agricultural lands throughout the coastal zone by providing for the appropriate and orderly conversion of designated, but non-prime, coastal agricultural lands in the City. The certified Mello I1 LCP provides for the conversion of designated coastal agricultural lands based on a determination that the conversion would preserve prime agricultural lands within the coastal zone statewide or it would concentrate new development consistent with Section 30250 of the Coastal Act or conversion is appropriate because continued or renewed agriculture is infeasible. designated non-prime agricultural lands is then subject to one of three conversion options including direct mitigation, a feasibility analysis or payment of a conversion fee ranging from $5,000 to $10,000 per net converted acre. Conversion of However, Carlsbad Ranch was specifically addressed in a different manner. the Ranch, there were two basic options, both of which retained agricultural uses over the majority of the site. The second option, and the one utilized within the presently certified Carlsbad Ranch Specific Plan, is the "mixed use" concept where specific acreages were preserved for continued agricultural use while other areas were permitted to convert to urban uses. In the Commission's original action on the Carlsbad Ranch Specific Plan, it required the incorporation of the three conversion options contained in the Mello I1 LCP into the Specific Plan because the plan provided for the conversion of additional designated agricultural lands beyond the boundaries originally established for the Ranch. For The amendment would revise Mello I1 LUP Policy 2-1 (Conservation of Agricultural Lands) to apply it to the area of the Carlsbad Ranch within the agricultural preserve with the exception of approximately 52.4 acres to be retained for agricultural use and (2) would provide that any acreage under the control of a public entity for use as public recreation or open space will be exempt from Policy 2-1. exempt from the agricultural mitigation program. Thus, this amendment proposes to a1 low development of lands previously under Wi 1 liamson Act Agricultural Contract provided compliance with the agricultural conversion This would a1 low the proposed golf course to be Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 14 mitigation requirements applied to other properties in the Mello II segment is achieved. The Commission notes it will adhere to the policy direction established in the currently certified Mello I1 LCP and Carlsbad Ranch Specific Plan which is to consider the possible conversion of designated agricultural lands subject to compliance with one of the three specified conversion options. However, the Commission notes it must be demonstrated that agricultural conversion is appropriate in order to support retained agricultural use either elsewhere in the coastal zone or on the Ranch or that conversion serves to concentrate urban development in an appropriate manner. Alternatively, the burden would be to demonstrate that agricultural operations are no longer viable. To that end, the City states that the proposed conversion of agricultural land is supported by goals and policies listed in the General Plan which identify the Flower Field area for preservation with conversion occurring on lands which are not as productive or visible from major public viewpoints. The City has identified that the Flower Fields shall remain in flower production in perpetuity. year. If the landowner proposes to change this obligation, a five-year advance notice must be provided along with an alternative agricultural use proposal which must be initiated at the end of the five years. be analyzed to allow the continuation of flower production. formalized in a deed restriction and CC&R's restricting Planning Area 7 to agricultural use. In addition, the City retains the right to purchase the Flower. Fields should the landowner elect to sell them. The landowner must plant an open-field flowering crop every Methods must The above is The Commission notes that, while only 52+ acres of agricultural lands would remain on the Carlsbad Ranch, these lands would be preserved. The agricultural lands on the Carlsbad Ranch are not prime agricultural lands. The conversion of agricultural lands also subsidizes the on-going operation of the remainder of agricultural lands on the Carlsbad Ranch. Agricultural buffering would remain between agricultural and non-residential uses as provided in the certified LCP. Also, the proposed conversion does not preclude its re-use for agriculture in the same manner as physical development. Additionally, the majority of the agricultural lands would be converted to tourist-serving uses, priority land uses under the Coastal Act. These uses will provide recreation and public access opportunities on an unprecedented scale in Carlsbad, particularly the projected 2.2 million visitors that will visit the Legoland facility. Thus, the Commission finds the conversion of agricultural lands can be supported subject to the agricultural mi tigation requirements of the Carlsbad LCP. The amendment also provides that any acreage under the control of a public entity for public recreation or open space uses will be exempt from Policy 2-1. exempt from the agricultural mi tigation program. However, the phrase "under control of a public entity" is not clear. The City indicates that although the proposed golf course may be privately-owned and designed primarily to serve guests of the Point Resort Hotel as provided in the Carlsbad Ranch Specific Plan, Mello I1 exemptions would only be effective if the golf This would allow the proposed golf course (approx. 72 acres) to be Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 15 course's operation would be leased or controlled by the City, possibly in conjunction with an anticipated Ci ty-owned and operated go1 f course on property immediately east of the Carlsbad Ranch. Under control of the City, the Commission recognizes green fees and start times could be controlled so that the general public could have similar access to this recreational facility as those staying at the Point Resort Hotel. With the understanding that only public facilities or uses would be able to utilize the exemption, the Commission could find the agricultural mitigation fee could be waived strictly for the golf course as a public recreation use. Both the Mello I1 LCP and Section 30171.5 of the Coastal Act provide that agricultural mitigation fees can be used to promote public access and recreational opportunities for a wide variety of uses such as improvements to the Buena Vista Lagoon Interpretive Center, restoration projects at Batiqui tos Lagoon, provision of access to public beaches in the City of Carlsbad etc. However, because of the uncertainty associated with who will ultimately oversee golf course operations on the Carlsbad Ranch site, the Commission cannot accept the City's amendment as proposed. The Commission notes that the golf facility may revert to private ownership who may then impose high greens fees or a privatization of the golf course through an exclusive membership which would exclude the general public from having equal access to the facility. Should that happen, the Commission finds that the exemption from Policy 2-1 would be voided and one of the three conversion options implemented for the 72 acres comprising the golf course. For that reason, the Commission finds that the amendment is inconsistent with Section 30242 of the Coastal Act and the agricultural preservation policies of the certified LCP and must-be rejected. Another reason for rejection of the amendment is the proposed amendment to Option 1 of Mello I1 LUP Policy 2-l(a)(3), Conservation of Agricultural Lands. The amendment deletes language providing that for purposes of calculating required mi tigation acreage, net impacted agricultural lands are the parcels and acreages designated on Map X and the Carltas Property, and areas containing sensitive coastal resources that would preclude development. The operative phrase minus the acr sl X r re r has been deleted from the certified LCP. It is important that this phrase be left intact in the LCP so that no sensitive lands, including naturally vegetated steep slopes which are afforded protection under the Mello I1 LCP, are allowed to be impacted through the agricultural conversion program. Amendments are also proposed to Mello I1 Policy 2-2 (Carlsbad Ranch Specific P1 an "Mi xed-Use" Development) to: the agricultural preserve will be subject to approval of a Local Coastal Program Amendment and compliance with Policy 2-1 and (2) Reducing the structural setback from 50 feet to a minimum of 25 feet from the .adjacent agricultural area. Revision #1 to this policy serves to tie the requirements of Policy 2-1 to the areas of the Carlsbad Ranch not allowed to develop under the Carlsbad Ranch "Mixed-Use Development'' policy. As noted above, the Commission can accept the conversion of agricultural lands on the Carlsbad Ranch provided there is mitigation. The second revision to the policy, reduction of the agricultural setback, is supported by the following analysis conducted by the Soil and Plant Laboratory Inc. (1 ) Provide that development of 1 and within Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 16 The structural setback from the agricultural area is proposed to provide a buffer to mitigate (1) the impact of dust and other air borne materials on developed areas and the associated conflicts between agricultural and urban development, (2) the risk of uninvited human intrusion into the agricultural area, and (3) where relevant the impacts of light and shadow on agriculture. fulfilled by the proposed use of walls, berming with landscaping, and a 25 foot development setback. The development areas adjacent to the agricultural area are 1 imi ted as roadways wi 11 create the majority of the perimeter of the Flower Fields. The soil texture on the flower field site is low in silt and clay content, and therefore, low in potential for dust generation, particularly if soil is moist during operations. The agricultural operation will also utilize a service road along its perimeter of between 15 and 20 feet providing additional separation. Prevailing air movement is from west to east but is normally gentle. Based on the above, the Commission finds the reduction in the setback can be allowed as no adverse impacts to the remaining agricultural areas on the Carlsbad Ranch are anticipated. However, the amendment to the first paragraph of Policy 2-2 must be rejected. This policy provides conditional development standards for the Carlsbad Ranch permitting the conversion of certain agricultural lands to urban uses as a means of providing supplementary uses which will assist in the retention of agricultural and public recreation uses on the remaining portions of the property. Specific Plan, in this case the Carlsbad Ranch Specific Plan, is considered as part of the certified Mello I1 Land Use Plan, which is the Commission's governing land use document for this part of Carlsbad. reasons, the Commission finds that the amendment is inconsistent with Section 30242 of the Coastal Act and the agricultural preservation policies of the certified LCP and must be rejected. It has been concluded that each of these functions is The Commission finds that it must be made clear that any approved Thus, for the above b. Visual Resources. Section 30251 of the Act states, in part: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance vi sual qual i ty in vi sual ly degraded areas. Permitted development The site is composed of gently rolling topography and contains three north-south trending ridges. level (msl) in the northeastern portion of the site to a low of 60 feet MS1 in the southwestern portion of the site. construction of the GIA on the ridgeline in Planning Area #1, the site is currently in agricultural production. Elevations range from a high of 280 mean sea With the exception of the current Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 17 Development is approved for the top of the ridge, and buildings would be visible along the top of the ridge from many points along 1-5, Palomar Airport Road, and Cannon Road, all listed as Scenic Highways in the LCP. The site is a Carlsbad landmark in the spring when the ranunculus are in bloom; therefore, any development on the site would draw viewer attention, particularly in the spring. Other factors that affect visual resources include grading, which is proposed at 2,045,000 cubic yards and building height. All the buildings are planned at two levels at 35 feet or three levels at 45 feet; however, the amendment proposes that architectural features and exhibits may be permitted up to 55 feet if they (1) do not function to provide usable floor area; (2) do not accommodate and/or screen building equipment; (3) do not adversely impact adjacent properties; (4) are necessary to ensure a building's or exhibit's design excellence; and (5) are restricted to no more than 3 percent of the total roof surface area of the structure from which it protrudes, or in the case of exhibits within Planning Area 4, that they are restricted to no more than 3% of the aggregate of the exhibit as measured from each exhibit's base. In its 1993 approval of the Carlsbad Ranch Specific Plan, the Commission was concerned with the visual impact of the community hotel as it was proposed to be sited on the ridgeline in a visually prominent area. included a tower that was proposed to extend to 65 feet high. The Commission was concerned that a large, bulky architectural feature at this location had the potential to cause adverse visual impacts because of its ridgeline siting. The Comnission added a suggested modification that a single non-habitable 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. Commi ssion further found that a1 1 other developments within the vi 1 lage center shall not exceed 45 feet in height, inclusive of architectural embellishments. At that time, the Resort and Legoland proposals were not part of the Specific Plan. The proposed hotel The The subject amendment would a1 low more architectural embell i shments to occur above 45 feet high than was allowed in the previous approval (only the community hotel was allowed a feature to extend to 45 feet high) and it would allow the embellishments. However, it is not anticipated that these embellishments in themselves would adversely affect public views as long as their bulk is kept to the proposed 3% standard. Grading and building simulations have been performed from key viewpoints. These simulations indicate the proposed development is compatible with views of similar urban uses in the adjacent area which include Pea Soup Anderson, Car Country Carlsbad, and other development along Paseo del Norte, Palomar Airport Road, and Cannon Road. In addition, the proposed building setbacks, agricultural buffers, and landscape features provide screening from many viewpoints. The Specific Plan contains development standards and design gui del i nes (i . e. , bui 1 di ng coverage standards, agri cul tural setbacks, bui 1 di ng and landscape setbacks, tree planting standards, varied height and rooflines to reduce appearance of bulk, varied compositional elements of street level storefronts to create pedestrian interest, color buildings to surrounding Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 18 areas, etc.), that will protect the visual quality of the area. The visual impact of the buildout of the Carlsbad Ranch will also be mitigated during the spring by the blooming ranuncules of the Flower Fields. finds the amendment can be found consistent with Section 30251 of the Coastal Act. Thus the Commission c. Se nsi tive Resource$ Sections 30231 and 30240 of the Coastal Act protect and preserve sensitive coastal resources such as wetlands and riparian habitat. The site is comprised of three gently sloping parallel ridges that traverse the site in a north-south direction, providing for an overall vertical change of 200 feet. The 423 acre site is gently sloping with only a small portion of land, about 30 acres, achieving slopes of 25% of greater. No naturally-vegetated steep slopes would be impacted by the Specific Plan; dual criteria steep slopes are concentrated at the northeast corner of the site adjacent to Macario Canyon. The ridges that run through the site provide panoramic views of the ocean, Agua Hedionda Lagoon and the City of Carlsbad, and are prominent landforms that are highly visible from the west. Cultivation of flowers on the west facing slopes create a colorful landscape that are unique visual resources of Carlsbad. Natural plant communities that occur on the site are limited, due to the history of agricultural uses on the site. Approximately 1.1 acres of Diegan Coastal Sage Scrub would be impacted on a manufactured slopes adjacent to Palomar Airport Road. The area to be impacted by grading appears to have been planted in association with the Palomar Airport Road widening project completed by the City, and is proposed to create a more natural slope along Palomar Airport Road. certified Mello I1 LCP allows for resource impacts for construction of Circulation Element Roads; thus, the impacts can be found consistent with the LCP. The impact will be mitigated on a 1.1 basis at the Carlsbad Highlands site as a condition of the EIR. In addition, grading of the area will allow for slope gradients which can be planted with agricultural crops as part of Planning Area 7 (The Flower Fields). The Riparian (.1 acres) and freshwater marsh (.03 acres) resources are located in the southern portion of the site. development buffer of 50 feet for riparian resources and 100 feet for freshwater marsh plants. space deed restriction through CDP #6-93-34. been incorporated into the proposed 140 foot setback required along Planning Area 4 (Legoland) where it fronts Palomar Airport Road; thus, the setback requirements have been met. Policy 3-8 of the Mello I1 LCP requires a These resources are presently subject to an open The deed restricted area has With respect to addressing indirect impacts to the nearby Agua Hedionda Lagoon and the Canyon de las Encinas watersheds, the Specific Plan proposes a comprehensive system of water detention basins and conveyance systems which are intended to improve the quality of water runoff prior to being discharged off-site and ensures that urban runoff does not flow over agricultural land and vice versa. integrated system of detention basins, grassed swales and catchment basins The drainage system calls for the development of an Carl sbad LCPA 1 -96C Page 19 (Carl sbad Ranch) the City's storm which filter storm water runoff before discharging it into drainage system which eventually enter the above watersheds. notes this system would minimize impacts of sedimentation and erosion to sensitive areas. found consistent with Sections 30231 and 30240 of the Coastal Act. The Commission Thus, the Commission finds the proposed amendment can be d. Land Use Chanqes/DeveloDment Intensitv. Section 30250(a) of the Coastal Act states, in part: (a> New residential , commercial * or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have a significant adverse effects, either individually or cumulatively, on coastal resources. In addition, Section 30252 of the Act states, in part: The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service, [and] (2) providing commercial facilities within or adjoining residential development or in other areas that will minimize the use of coastal access roads .... Finally, Section 3025316) requires that new development "minimize energy consumption and vehicle miles traveled." The proposed land uses for the amended specific plan include a mix of non-residential uses in nine planning areas, including office, research and development, related light manufacturing, commercial * hotel, destination r$sort, golf course, agriculture, a vocational school campus and Legoland. The site is located at the northeast quadrant of the Palomar Airport RoadIPaseo Del Norte intersection, approximately 200 yards east of the Palomar Airport RoadIInterstate 5 interchange. production, and is surrounded by commercial development to the west and south, and by lands that are either vacant or in agricultural production to the north and east. Palomar McClellen Airport is located about three miles easterly of the site. The site is primarily in agricultural Obviously, the amended Carlsbad Ranch Specific Plan will significantly increase the intensity of development in this area. proposed land use change is consistent with relevant Coastal Act policies, however, the increase in traffic resulting from the proposed land use change must be evaluated as to whether or not it will have significant adverse impacts on coastal access , by, among other things, impeding coastal visitors through increased traffic congestion on coastal access routes or precipitating development of other public facilities that could adversely impact sensitive resources. To determine if the , Palomar Airport Road is a major east-west street in the City of Carlsbad. Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 20 Generally speaking, coastal access in north San Diego County is impeded by the relative absence of east-west traffic arteries capable of accommodating large numbers of coastal visitors from inland communities. At present, the only major highway serving as an east-west connector in North County is Highway 78. All other east-west traffic occurs on surface streets such as Palomar Airport Road. to the south of Highway 78. access routes in the North County area, the additional increment of traffic on Palomar Airport Road resulting from the land use designation change could result in significant impacts on coastal access. The next nearest freeway is Highway 52, located over 20 miles Given this relative paucity of east-west coastal In this area, Palomar Airport Road has been widened to six lanes (three lanes in either direction). The six lane configuration extends from about Paseo Del Norte and continues to the east, well past the project site. Westerly of Paseo Del Norte, the Commission approved the widening of the 1-5 overcrossing (CDP #6-90-2701, and construction is currently underway. Currently, the City adopted performance standard for intersections (LOS I'D") is not met at the intersections of Palomar Airport RoadIPaseo del Norte and Palomar Airport Road/I-5 northbound ramps. However, at present, the peak period for traffic occurs on weekdays between 4:OO PM and 6:OO PM. At other periods, the i denti fi ed critical intersections meet the adopted performance standard for i ntersections in Carl sbad , i ncl udi ng morning peaks. words, at those times when beach visitor traffic is of concern, both traffic along Palomar Airport Road and traffic resulting from the proposed land use change appear not to be of concern. In other Because the retail commercial and visitor uses associated with this development would be more likely to result in traffic on weekends, however, there still remains a potential for beach visitor traffic impacts resulting from the proposed land use change. Commission staff regarding the nearby Price Club site, a supplementary traffic study specifically addressing weekend traffic impacts for commercial retail uses was prepared in 1991. indicates that trip generation is higher on the weekends than weekdays with Saturday trip generation being higher than Sundays. In response to concerns raised by Trip generation data taken from this study While the increase in weekend retail trips is of concern, the majority of traffic on Palomar Airport Road at this time appears to be traffic generated by the extensive industrial/business park areas along Palomar Airport Road and along El Camino Real. Generally, this traffic would be expected to be limited to weekdays, and total weekend approach volumes at the 1-51 Palomar Airport Road interchange, even with the proposed land use changes, are anticipated to be considerably lower than on weekdays. Given that the proposed increases in traffic resulting from the land use change would be off-day and off-peak from typical beach visitor travel days and times, it is not anticipated that the proposed land use changes would result in any impacts upon the ability of the public to gain access to coastal areas. The site is located within Local Facilities Management Zone 13 within the City of Carlsbad. To ensure adequate public facilities and services are available, Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 21 Zone 13 requires certain performance standards must be met prior to development of the Specific Plan. between the previous Local Facilities Management Plan for Zone 13 and the new facilities plan which is based on the currently proposed land uses was done. Traffic associated with the buildout of the Carlsbad Ranch with the original Specific Plan is 51,455 vehicle trips per day. buildout of the Carlsbad Ranch with the proposed amendment is 49,582 vehicle trips per day, representing a 1,873 decrease in vehicle trips. Moreover, A.M. and P.M. peak hour ADT decreases in traffic were 2,446 and 1,170 respectively with the proposed amended plan. The City indicates the approved LFMP assumed development in the agricultural area for facilities planning purposes.' Therefore, the total amount of development analyzed is greater than what was permitted under the original Carlsbad Ranch Specific Plan approved in 1993. As is evident from the comparison of traffic generation, the amended plan will result in a reduction of traffic generation from what was previously planned. Additionally, the City's Growth Management Plan performance standard of Level of Service C in the off peak and Level of Service D in the peak hour will not be exceeded. A comparision of the traffic generation Traffic associated with the The Commission is concerned how public circulation/access on Palomar Airport Road would be affected if Cannon Road is not extended to El Camino Real by the year 2000. The EIR requires restriping at two locations, 1-5 northbound ramps and Palomar Airport Road and College Boulevard and Palomar Airport Road if Cannon Road is not extended to El Camino Real by the year 2000. The EIR indicates that intersection levels of service analysis and buildout conditions with mitigations for the year 2000 shows that all of the analyzed intersections are projected to operate at acceptable levels of service with the mitigation measures contained in the final EIR. Cannon Road currently passes under 1-5 to the west and extends approximately 1,600 feet east of 1-5 along the northern boundary of the site. provide access to the site at its intersection with Armada Drive. is designated as the main access point for Legoland. easterly to the City's eastern limit and carry 10,000 vehicle trips per day along its east segment, while the segment west of 1-5 carries about 8,000 vehicle trips per day. While the Commission is not concerned with immediate traffic circulation impacts on Cannon Road resulting from buildout of the Specific Plan, it is concerned with potential adverse impacts to coastal resources that exist near the planned alignment of Cannon Road and the potential effect the Specific Plan may have on its ultimate design and a1 i gnment . It would In fact, is It is planned to extend As original ly submitted by the City in 1978 in its Agua Hedionda LUP submittal , Cannon Road would have resulted in about 11 acres of wetland fill. Subsequent to the Commission's action to deny the submittal, a negotiating committee was formed to address the remaining issues of the Agua Hedionda LUP, including Cannon Road. The committee developed a conceptual alignment involving the least amount of adverse impacts upon lagoon resources. Ultimately, a resolution of the planning issues and resource concerns were achieved in the certified land use plan. development has been planned for and would not result in additional vehicle With the assurance that new Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 22 trips that would trigger Cannon Road's widening or realignment from that currently approved or planned for and with the existing resource protection policies in place in the Agua Hedionda LUP, the Commission notes the Specific Plan can be found consistent with Chapter 3 policies of the Coastal Act. Regarding publ i c accesslparki ng, the amended speci fi c plan i ndi cates a1 1 uses will be parked in conformance with the City's parking ordinance or other parking provisions of the specific plan designed to ensure that parking to serve all uses can be provided on-site in concert with a shuttle system. One of the mitigation measures for the project require that shuttles be provided to major rail transit centers, multi-modal stations, and other local destinations in the area. The requirement is applied to Planning Areas 3 and 5 which have visitor-serving lodging uses. may be appropriate for Planning Area 4 (Legoland) to also have a shuttle to the commuter rail stations in Carlsbad. Based on the above, the Commission finds that the subject LUP amendment, as submitted, is consistent with Sections 30250(a), 30252 and 30253 of the Coastal Act. In addition, the City indicates it e. Vi si tor AccommodationslPriori tv Uses Sect ion 302 1Q In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. (in part) Lower cost vi si tor and recreational faci 1 i ti es shall be protected, encouraged, and, where feasi bl e, provi ded. Development providing publ i c recreational faci 1 i ties are preferred. The Coastal Act promotes and preserves a full range of public access opportunities to and along the shoreline, including the provision of lower cost visitor-serving facilities which serve and support coastal visitors. Section 30222 gives priority for the use of private lands suitable for vi si tor-servi ng commerci a1 recreational faci 1 i ti es to the exclusion of residential, general commercial, and other uses. Section 30223 provides that upland areas necessary to support coastal recreational uses shall be reserved. The Coastal Act mandates that affordable visitor accommodations, as well as low-cost recreational facilities, be provided. Section 30213 addresses both the provision of lower cost visitor and recreational facilities and it establishes a preference for those developments which provide publ ic recreational facilities. The Coastal Commission has had recent concerns over the privatization of visitor-serving uses and public recreational facilities. Commission staff emphasized the need for the specific plan to incorporate ,- Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 23 lower cost public recreational facilities to the fullest extent possible. The Commission recognizes that the Legoland Park is a commercial recreational use, however, it does not address public recreational needs directly. The specific plan proposes that the proposed resort's golf course would be open to the general public on a fee basis and, as such, begins to address Section 30213 of the Act more directly. tends to be quite costly considering both equipment and playing fees. Therefore, staff urged the City and project proponent to consider ways in whi ch broader publ i c recreational opportunities could be provided. An extensive public trail system was suggested, with lagoon overlooks, intermittent seating areas and appropriate support facilities, which could be designed in concert with the proposed golf course as a public recreational use. However, golfing is not the sport for everyone and The proposed amendment incorporates a public access trail system that basically follows streets and sidewalks on the perimeter of the Carlsbad Ranch and at some key interior streets. public viewpoints are proposed adjacent to Armada Drive near the ridgeline which will give the public a panoramic view of the ocean to the west. Also, a pathway from Planning Area 6 near Paseo Del Norte to the ridgeline across the flower fields is proposed which will give the public immediate visual and physical access to the flower fields. There is no provision to provide public access through the proposed golf course because of safety concerns. As noted, another concern is an increasing privatization of public facilities or visitor-oriented uses. In both expansions to or redevelopment of existing public recreational sites or visitor uses (ie. Pebble Beach and Marineland Resort), the Coastal Commission has begun to question changes in use or operation, such as exclusionary membership requirements or restricted public accessi bi 1 i ty, whi ch serve to privatize an otherwi se proposed publ i c faci 1 i ty or visitor accommodation. Therefore, should a facility be proposed as a public use or visitor accommodation the Commission would prefer it would operate and remain as a use available to the general public without limitations. deed restriction to be recorded against the property declaring a project's exclusive use for the general public and acknowledging that any future conversions or use restrictions would require prior review by the Coastal Commission. This provision will be added as a condition of approval to the companion coastal development permit for the master tentative map for the Carlsbad Ranch. A pedestrian promenade and its associated On such proposals the Coastal Commission has been requiring a In this case the golf course would be owned and operated by a private party but be open to the public. Carlsbad Ranch Specific Plan is silent on this issue, the Commission finds the amendment must be rejected. Therefore, the Commission finds the proposed amendment cannot be found consistent with Sections 30211 and 30213 of the Coastal Act. However, because both the Mello I1 LCP and -- Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 24 2. AGUA HEDIONDA LAGOON SEGMENT a. Aari cul ture The amendment proposes to redesignate 24 acres in the Agua Hedionda land use plan area to accomodate two golf holes associated with the proposed 9 hole golf course on the Carlsbad Ranch. Land Use P1 an identifies that conversion of agricultural property shall be consistent with Coastal Act Sections 30241 and 30242 and the agricultural policies of the LUP. Site-specific LUP Policy 2.2 identifies this area as "Open Space" and notes it as agricultural lands. Currently strawberries are growing there. Policy 2.3 addresses conversion of this acreage which is a part of the 45 acre SDG&E property. In summary, the policy identifies that, prior to development of the property, an open space easement shall be dedicated over the remaining agricultural lands; that SDG&E provide a report that preservation of the site is not necessary to assure reasonable expansion opportunities to the nearby SDG&E Encina Power Plant; that SDG&E make a portion of the parcel available as a public recreational use if the City finds the current or future recreational needs require the development of such uses in the south shore portion and that, in the event that the Carlsbad LCP is amended to allow for a City-sponsored agricultural program, SDG&E may apply for inclusion in the program. Policy 2.1 of the certified Agua Hedionda The amendment proposes to convert agriculturally designated lands to an open space designation which accommodates golf holes. Based on the following, the Commission finds that no agricultural mitigation fee is required to find the conversion consistent with Coastal Act policies. As stated in the findings regarding the Carlsbad Ranch, the Commission finds that these lands will remain as public open space and will be providing an important public recreational benefit. This is consistent with the above provision from the Policy 2-3 which states that SDG&E may make a portion of the parcel available as a-public recreational use if the City finds the current or future recreational needs require the development of such uses in the south shore portion. Additionally, the remainder of the property will be retained in agricultural use. Moreover, the agricultural lands in question are designated as non-prime lands not as suitable for crop production as prime agricultural lands. Finally, these lands will be under the control of the City of Carlsbad with regard to providing equal access and recreational opportunities to the golf course for the general public. For those reasons, the Commission finds the conversion of the agricultural lands can be accepted. b. Public Access /Public Recreation Consistent with the above cited sections of the Act, public access to the lagoon and the direction to provide for public recreational uses is a mandate under the Act. To promote broad recreational use within the proposed public trail system within the Carlsbad Ranch, staff has looked at providing trails within the golf course, notably north of Cannon Road in the Agua Hedionda plan area. of Agua Hedionda will be limited to viewing areas and pocket beaches that do not interfere with agricultural production or impact environmentally sensitive habitat areas. The LUP identifies a trail and support facilities running The Agua Hedionda LUP identifies that public access to the south shore Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 25 along a portion of the south shore on the SDG&E property. anticipated that this trail will be built in the near future as a Specific Plan for the SDG&E property is still being considered by the City. proposed to be redesignated with this amendment do not front on the south shore of Agua Hedionda Lagoon. However, they are located well above the lagoon topographically and would afford expansive and panoramic views of the lagoon and the ocean. The Commission notes these lands would be a natural extension of the trail system associated with the Carlsbad Ranch Specific Plan. Specifically, a trail and vista point on the western end of the 24 acres would provide a scenic and recreational experience that would greatly enhance the trail system proposed on the Carlsbad Ranch. amenity, the Commission cannot find the amendment to the Agua Hedionda Land Use P1 an i s consi stent with the agri cul tural conversion and vi si tor-servi ng provisions of the Coastal Act and must be denied. However, it is not The lands Without this public PART V. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD AGUA HEDIONDA AND MELLO I1 LAND USE PLAN AMENDMENT 1-96C. IF MODIFIED A. SU MMARY FINDING/CONFORMANCE WITH SECTION 3000 1.5 OF THE COASTAL ACT As previously stated, the proposed Agua Hedionda and Mello I1 land use plan amendments are not acceptable in their current form. stated in the following section of this report, suggested modification preservation and resource protection provisions are necessary to find the requests approvable under Chapter 3 policies of the Coastal Act. Commission finds, pursuant to Section 30512.2b of the Coastal Act, that the land use plan amendments, as set forth in the resolution for certification with suggested modifications, are consistent with the policies and requirements of Chapter 3 to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act, as previously cited. For this reason, and as . 1 anguage has been provi ded to speci f i call y i denti fy what agri cul tural The 6. MELLO I1 LAND USE PLAN Sections 30241 and 30242 of the Coastal Act concern the protection of agricultural lands. In 1981, when the Carlsbad Mello I1 LCP segment was certified by the Commission, the two major concerns were preservation of agri cultural uses and protection of environmentally sensitive habitats. Regardi ng agri cul tural preservation, a major i ssue was minimizing agri cul tural versus urban impacts by developing stable urban/agricul tural boundaries. For the most part, the certified LCP accomplished this objective by concentrating development along 1-5, Palomar Airport Road, and the El Camino Real transportation corridors and preserving the interior areas, where pub1 ic infrastructure is lacking, for continued agricultural use. Major amendments to the LCP certified by the Commission in 1985 significantly changed the policies of the LCP regarding agricultural preservation. Those amendments essentially allowed for conversion of all of the agriculturally designated lands within the City's Mello I and Mello I1 segments. Such Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 26 . conversion was to be allowed pursuant to either (1) a determination of infeasibility of continued agricultural use based on area wide studies or, (2) participation in a mitigation program designed to offset the loss of agricultural lands or (3) payment of an agricultural mitigation fee. The funds accrued from the fees required under the third option are used in the restoration and enhancement of natural resources, public access opportunities, and agricultural preservation in Carlsbad. However, as noted, the Carltas property was not included in the the LCP amendments approved by the Commission for the remainder of the Mello I and Me1 lo I1 segment agri cul tural 1 ands. preservation of the agricultural resources on the Carltas site remain those which were originally approved with certification of the Mello I1 segment LCP in 1981 and subsequently amended twice in 1988 (Local Coastal Program Amendments 2-87 and 1-88). The LCP as it now exists for the subject Carltas property allows for two different options for use of the overall 423 acres. Each addresses retention of agriculture uses over the majority of the site. Thus, the pol i cies regarding As noted in the previous section of this report, the currently proposed amendment would not provide suitable protection for agricultural preservation and cannot be found consistent with the Mello I1 LCP or with the above Coastal Act sections. That is, the amendment could allow agricultural lands to be converted to urban uses (golf course) but with an exemption to payment of the mitigation fee as a public recreation use. modification provides that any acreage owned, leased or controlled by the City of Carlsbad for a public recreation or open space use may be exempt from Policy 2-1 and be permitted to convert from an agricultural use without satisfying one of the three conversion options. However, it must legitimately be a public operation and, should a public recreation or open space use no longer be owned, leased or controlled by the City of Carlsbad at some time in the future, the exemption from Policy 2-1 will be voided and one of the three conversion options shall be implemented for said acreage. and Coastal Act Section 30107.5 currently provide that monies that have been collected for agricultural conversion can be applied to providing public access and recreation benefits in a variety of ways and not just for preserving agriculture. golf course area would remain in public open space and some retention of agricultural use would remain on-site which is consistent with Policy 2-2 of the Mello I1 LUP. That is, the Commission notes that some conversion of agricultural lands on the Carltas property is beneficial to the long-term viability of agricultural operations, as the Mello I1 LCP provides that urban uses subsidize the remaining agricultural use of the site. Also, the existing agricultural buffer and preservation policies in the LUP would provide protections for the preservation of the remaining agricultural lands on the Carl sbad Ranch. The attached suggested The Mello I1 LCP In this case, the Commission also has found that the As noted, another suggested modification is necessary to insure the operative phrase minus the ac reaa _e in steep s lopes ( 25% or areater) remains intact in the certified LCP. so that no sensitive lands, including naturally vegetated steep slopes which are afforded protection under the Mello I1 LCP, are allowed to be impacted It is important that this phrase be left intact in the LCP Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 27 through the agricultural conversion program. The City indicates the phrase was removed accidentally but the Commission finds the phrase must be reinserted to find the amendment consistent with the existing certified Mello LCP . Suggested Modification #4 provides that any approved Specific Plan (eg. the Carlsbad Ranch Specific Plan) is incorporated herein by reference as part of the certified Mello I1 Land Use Plan. clarify that land use and subsequent project design on the Carlsbad Ranch is controlled not only by the Specific Plan but by the certified Mello I1 LUP. This modification is necessary to Finally, Suggested Modification #5 provides that a new policy shall be added to the "Recreation and Visitor Serving Uses" section of the Mello I1 which states that public facilities, uses or visitor commercial development approved as being open to the general public should be retained as such. Future conversions or the adoption of restrictions which would serve to privatize those facilities and make them exclusionary, such as open to members only, should require review by the City and Commission. This modification is necessary to find the proposed amendment consistent with the vi si tor-serving provisions of the Coastal Act. Only as suggested can the proposed amendment be found consistent with applicable Coastal Act sections addressing agriculture and public recreational opportunities. C. AGUA HEDIONDA LAND USE PLAN Regarding the Agua Hedionda Lagoon segment, Suggested 'Modification #1 is necessary to insure that within the proposed golf course, a public trail with a vista point shall be provided from Cannon Road to the northern edge of the golf course along the westernmost section. The public trail and vista point shall be signed to facilitate and enhance public use and shall be maintained and open to the public. Support facilities (benches, seating areas, trash receptacles) shall be provided at the vista point. This provision is necessary to find that agricultural lands can be converted to a golf course without payment of a mitigation fee or another method to preserve agricultural lands because it provides another bonafide public use. Agriculture is still retained over the bulk of the property remaining and the presently certified LUP a1 so provides for this a1 ternate use consideration. PART VI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO 1.1 IMPLEMENTATION PLAN AMENDMENT 1-96C. AS SUBMITTED A. AMENDMENT DESCRIPTION The Carlsbad Ranch Specific Plan (CRSP) is proposed as the implementing measure for the Carltas property. and diagrams which specify the following in detail: (1) distribution and location of land uses; (2) infrastructure; (3) development standards; (4) implementation measures; and (5) a statement of the relationship of the specific plan to the General Plan. The Specific Plan consists of both a text Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 28 An amendment to the approved specific plan is proposed which increases the land area of the original specific plan by 23.89 acres. includes the transfer of 20.5 acres located along the southeast boundary of the specific plan area and the inclusion of 3.3 acres south of Cannon Road. The amendment also changes the proposed land uses for the specific plan. Although some of the uses will be similar in type to the original Carlsbad Ranch Specific P1 an, there wi 11 be a reduced offi ce/research and development component and the focus of the plan will be recreational, retail, and vi si tor-serving uses. agri cultural use i s proposed. This increase As noted, development in areas previously retained for The amendment will change the zoning as indicated in the following: Existina Zonina Desianations: Office/Planned Industrial, Qualified Development Overlay Zone (0-Q/P-M-Q) General Commercial /Office/Planned Industrial Qualified Development Overlay Commercial-Tourist/General Commercial, Qualified Development Overlay General Commerci a1 , Qual i fi ed Devel opment Over1 ay (C-2-Q) Planned Industrial (P-MI Exclusive Agricultural (E-A) Open' Space (OS) Pub1 i c Uti 1 i ty (P-U) ( C-Z-Q/O-Q) / P-M-Q) (C-T-Q/C-Z-Q ProDosed 20 nina Desianationq Office/Planned Industrial, Qualified Development Overlay Zone ( 0-01 P-M-Q) Zone Commercial-Tourist/General Commercial, Qualified Development Overlay General Commercial, Qual i fi ed Development Overlay (C-2-Q) Commerc i a1 -Touri s t , Qual i f i ed Dev el opment Over 1 ay (C-T-Q) : Open Space (OS) <C-T-Q/C-Z-Q 6. FINDINGS FOR CERTIFICATION 1. Ca rl sbad Ranch Spec ific Plan a) PurDose a nd Intent of the Ordinance. The purpose and intent of the Specific Plan is to define the distribution and location of land use, infrastructure, development standards, and implementation measures for the Car 1 s bad Ranch . b) Maior Provisions of the Ordinance. The Specific Plan provides development and design standards with respect to the development of the site. The Carlsbad Ranch Specific Plan was originally approved by the Coastal Commission in 1993. approximately 92.6 acres of the 423.5 acre planning area. acres are restricted to agricultural uses until an amendment to the specific The approved specific plan allows for development of The remaining 330.9 Carlsbad LCPA 1-96C (Carlsbad Ranch) Page 29 plan is approved. for future development, 4 open space lots, and 1 private street lot. The 14 development lots range in size from 3.38 acres to 128.32 acres. space lots total 135.5 acres and include 2 golf course lots, the flower field lot and a lot to be preserved as native open space: The proposed Specific Plan is divided into 19 lots, 14 lots The four open The amendment would significantly reduce the officelresearch and development component of the specific plan and add recreational , retai 1 and vi si tor-serving land uses. Development in areas restricted to agricultural uses in the existing plan is proposed. reflect a mix of non-residential uses including office, research and development, related light manufacturing, commercial, hotelltimeshare, destination resort, golf course, agriculture, a vocational school campus and Legoland. specific plan from 423.51 acres to 447.4 acres an increase of 23.9 acres. Specific Plan also contains goals, objectives, and policies that will assist in guiding and directing development within the Carlsbad Ranch. Proposed land uses for the specific plan amendment The amendment proposes increasing the land area of the original The c) Adeauacy o f Ordinance to Imolement the Certified LUP. The standard of In the review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. case of the subject LCP amendment, the original concept underlying the Ranch was to concentrate urban uses within a limited area so that the majority of the site would continue to be used for agricultural use. However, the current Specific Plan would sllrow the conversion of mart of the Ranch to urban uses, retaining only the 5T+ acres of the flower fields in permanent agriculture, consistent with the herein amended Mello I1 LUP amendment recommended for approval. application of Policy 2-1 for most of its area, as opposed to the mixed use scheme previously adopted. The Ranch's future development would now be regulated by As noted in the previous section regarding agricultural preservation, the land use and toning changes would implement the mixed use provisions of the certified Mello I1 LCP. Therefore, since the Specific Plan provides for sui tab1 e agricultural mi ti gat ion on converted 1 ands which exceeds the acreage previously committed to urban uses, the Specific Plan can be approved and the amendment approved. proposed within the updated Specific Plan can also be found to conform with, and are adequate to carry out, the certified land use plan. The other development standards and design guidelines PART VII. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. responsi bi 1 i ti es are assigned to the Coastal Commi ssion and the Commission' s LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. the Commission is relieved of the responsibility to prepare an EIR for each LCP . Instead, the CEQA , Thus, under CEQA Section 21080.5, Carl sbad LCPA 1-96C (Carl sbad Ranch) Page 30 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 land use plan and zoning amendments to the Mello I1 segment of the City's LCP deal with changes to the land use designation and zoning of two areas within the City's coastal zone. The Mello I1 and Agua Hedionda Lagoon amendments raise the potential for adverse impacts to coastal agriculture. The proposed suggested modifications would add policy revisions to the land use plans that would assure that the conversion of these lands was justified and adequately mitigated. modifications, the Commission finds that the approval of the Mello I1 and Agua Hedionda Lagoon LUP amendments will not result in any significant adverse impacts to coastal resources and can be found consistent with Chapter 3 Coastal Act policies. Mello I1 LUP would mitigate the impact of new development on this property below a level of significance. Finally, the individual project to which the new LCP policies would apply will require a coastal development permit. The specific impacts associated with thi s project would be assessed through the environmental review process ; and, its compliance with CEQA would be assured. Therefore, the Commission finds that no significant, unmi tigable environmental impacts under the meaning of CEQA will result from the approval of the proposed amendment and that the proposed changes can be made. Given these suggested Additionally, existing land use plan policies in the h City of Oceanaide of Mercos Figure 2 0 CITY CONTEXT 3 -. EXHIBIT 8 LOCATION MAP PALOMAR AIRPORT RD \ -1 CARLSBAD RANCH SPECIFIC PLAN AMENDMENT EIR 94-01 /GPA 94-03/LCPA 94-03/ZC 94-021 SP 207(A)/SP 144(G)/LFMP 87-1 3(B)/ AP 76-01 (D)/CT 94-09/PUD 94-07/ I HDP EXHIBIT NO.% \ I. 94-07/DEVELOPMENT AGREEMENT . I cz California Coaa Commission \\\ \\\- 8 Figure 10 PLANNING AREAS 1 GEMOLOGICAL INSTITUTE OF AMERICA 6 SPECIALTY RETAIL 2 RESEARCH & DEVELOPMENT/OFFICE 7 FLOWER FIELDS 3 COMMUNITY HOTEL & RETAIL 8a GOLF COURSE 4 LEG0 FAMILY PARK 5 RESORT 8b GOLF COURSE 9 NATURAL OPENSPACE 27 w California Coastal Commission \ Figure 15 v !4w Ioc CIRCULATION PLAN EX1 STING Cl RCU LATlO N PLAN N ED CIRCULATION PROJECT PROPOSED CI RCU LATl ON PROJECT PROPOSED PEDSTRIAN WAYS & TRAILS GRADE SEPARATED CROSSING FOR PEDESTRIANS & GOLF CARTS POTENTIAL TRANSIT STOP LOCATION. THE EXACT LOCATION TO BE DETERMINED AT THE TIME OF SITE DEVELOPMENT PLAN APPROVAL 52 ' EXHIBIT NO. 6 mR?m 0. Lcp/f /-?E? c/ ~ California Coastal Commission in 01 OFFICE c-21 GENERAL COMMERCIAL PM PLANNED INDUSTRIAL 0-a OPEN SPACE C-2 COMMERCIAL-TOURIST QUALIFIED DEVELOPMENT OVERLAY 26 --. WILLIAMSON ACT LANDS REMAINING UNDER CONTRACT 148.7 Acre8 WILLIAMSON ACT LANDS TO BE REMOVED 181.2 Acre8 14 Figure 5 WILLIAMSON ACT LANDS EXHIBIT NO. 7 1-76 c p!yf#y!&fk m California coastal Commission