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HomeMy WebLinkAboutLCPA 91-01A; Evans Point; Local Coastal Program Amendment (LCPA)u I. October 13, 1993 Deborah N. Lee Assistant District Director California Coastal Commission 3111 Camino Del Rio North, Suite 200 San Diego, CA 921 08-1 725 SUBJECT CERTIFICATION OF LOCAL COASTAL PROGRAM AMENDMENT 1-92 LCPA 91-Ol(A) - EVANS POINT Dear Deborah : On October 12, 1993 the Carlsbad City Council accepted the suggested modifications for the above referenced project. A copy of the signed City Council Resolution is attached for your records. Both the City Council and Planning Commission conducted public hearings on the suggested modifications. In addition, the City completed a six week public notice for the suggested modifications. It is my understanding that the Coastal Commission can now effectively certify the amendment request. Should you need additional information please contact me at (61 9) 438-1 161, extension 4446. Sincerely, DON NEU Senior Planner c: Planning Director Assistant Planning Director Principal Planner Green Robert Laing, George Wimpey, Inc. Lisa King, Hofman Planning Associates 0N:lh LCPAS11 .ccc 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 (61 9) 438-1 161 @ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 RESOLUTION NO. 93 -292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AMENDMENT TO THE CARLSBAD LOCAL COASTAL PROGRAM TO AMEND THE TEXT OF THE MELLO I1 LOCAL COASTAL PROGRAM TO ACCEPT THE SUGGESTED MODIFICATIONS CERTIFIED BY THE CALIFORNIA COASTAL COMMISSION. CASE NO: LCPA 91-01 (A) CASE NAME: EVANS POINT WHEREAS, California State law requires that the Local Coastal Program, General Plan, and zoning designations for properties in the Coastal Zone be in conformance; WHEREAS, on November 17, 1992 the California Coastal Commission certified an amendment to the Land Use Map and implementation program of the Mello I1 segment of the. Local Coastal Program with two suggested modifications; WHEREAS, before the original amendment request can become effectively certified, the Executive Director of the California Coastal Commission must receive documentation that the City has accepted the suggested modifications; and WHEREAS, the City Council did on the 12th day of OCTOBER , 1993, hold a duly noticed public hearing as prescribed by law to consider the proposed suggested modifications to the text of the Mello I1 segment of the Local Coastal Program shown on Exhibit "LCPA 91-01(A)n, dated August 18, 1993, attached hereto, and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Local Coastal Plan Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1E 17 1E 1s 2c 21 22 2: 24 2f 21 1. That the above recitations are correct. 2. That based on the evidence presented at the public iearing, the City Council bPPROVE8 LCPA 91-01(A), based on the Eollowing finding: ? ind inas : 1. That those findings adopted by the Planing Commission in Planning Commission Resolution No. 3532 are applicable and are incorporated herein by reference. PASSED, APPROVED AND ADOPTED at a regular meeting of the 3ity Council of the City of Carlsbad, California, on the iay of OCTOBER , 1993, by the following vote, to wit: 12th AYES: Council Members Lewis, Stanton, Kulchin, Finnila NOES: None ABSENT: Council Member Nygaard ABSTAIN : None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 2 EXHIBIT "LCPA 91 -01 (A)" AUGUST 18, 1993 S UG G ESTED MODI FICATIONS : Mello 11 Sement Land Use Plan 1. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-7 shall be add to read: Wetlands and riparian resources outside the lagoon ecosystems shall be protected and preserved. No direct impacts may be allowed except for the expansion of existing circulation element roads identified in the certified LCP and those direct impacts associated with installation of utilities (i.e., water, sewer, and electrical lines). There must be no feasible less environmentally- damaging alternative to the proposed disturbance; any allowable disturbance must be performed in the least environmentally damaging manner. Open space dedication of sensitive resource areas is required. Mitigation ratios for any temporary disturbance or permanent displacement of identified resources shall be determined in consultation with the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Appropriate mitigation ratios shall be determined based on site specific information including the quality of the habitat being disturbed or destroyed and surrounding site conditions. 2. On page 18, under "Environmentally Sensitive Habitat Areas", a new Policy #3-8 shall be added to read: Buffer zones of 100 feet in width shall be maintained around all identified wetland areas and SO feet in width shall be maintained around all identified riparian areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site-specific information. Such information shall include, but is not limited to, the type and size 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 California Department of Fish and Game and the United States Fish and Wildlife Sexvice shall be consulted in such buffer determinations. Buffer zones shall be protected through the execution of open space easements and passive recreational uses are restricted to the upper half of the buffer zone. DN:lh:vd IA'APIOI .EX