HomeMy WebLinkAboutLCPA 92-01; Aviara Phase III; Local Coastal Program Amendment (LCPA) (4)>tate of California Cal I
MEMORANDUM
TO: Commi ssfoners and DATE: August 9, 1994 Interested Persons
FROM: Staff FILE NO: Carlsbad LCPA 1-94(6)
SUBJECT 1 Revised Staff Recommehdation wl th Resolutlons &nd Suggested Modlficatfons, and Revised Exhlblts, to the Local Coastal Program Amendment Staff Report and Preliminary Recommendation dated July 28, 1994: (Revlsed Findlngs to support the Commlssion action to be prepared for I subsequent Commission rnaeting)
The proposed amendment to the Aviara Master Plan, whlch serves as the Land Use Plan (LUP) and Implementatlon Plan (XP) for those portlans of tho Mello I, Mello I1 and East Batiqultos Lagoon/Hunt Properties segments of the Clty of Carlsbad LCP that lle withln its geographic limits, Includes changes whfch apply specifically to Phase IXI of the Avlara Master Plan lands that lie within the Mello I and Mello I1 segments,
Following a public hearing, staff recommends the Commlssion adopt the fol lowlng resolutions and subsequent suggested modlfleations. motlon to Introduce the resolutlon and a staff recommendation are provlded Just prior to each resalutlon.
the hppropriate
A. RESOL- , (Resolution to deny certification of the Mello 1 and Mello I1 Land Use Plan Amendment 1-94(8), IS submitted)
!llma!u
I move that the Commission certlfy the Mello I and Me Amendment 1-94(8), as submitted. . -.
mff Rece
Staff recommends a jlQ vote and the adoption of the fo resolutlon. An affirmative vote by a majority of the CommSssloners Is neoded to pass the motion.
m
lo H Land Use Plan
1 owi ng appointed
The Commission hereby denles cettiflcatlon of the amendment request to the Clty of Carlsbad LCP an the grounds that the amendment does not meet the requirements of and Is not In ccrnform!ty with the poltcies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to ach16e the basic state goals specifled In Section 30001.5 of the Coastal Act; the land use plan, as amended, wlll not be cons! stent with appl i cable deel sions of the Comd ssion that shall guide local government actions pursuant to Section 30625(c) ; and certl flcation of the land use plan amendment does not meet the requirements of Section 21080.5(d1(2)(i) QP the California Environmental Quality Act, as there
would be feasible measures or feaslble alternatlves which would substantlally lessen signlfi cant advorse impacts on the envt ranment.
City of Carlsbad LCPA 1-94(8) Page 2
El. WTIO N 11. (Resolution to approve certiflcatlon of the Mello I and Mello XI Land Use Plan Amendment 1-94(8), If modlfied)
I move that the Commlssion certlfy the Mello I and Mello I1 Land Use Plan Amendment 1-94(8), If it 1s modlfied In conformance wlth the suggestions set forth in this memorandum.
mmendati Q,Q
Staff recommends a yEs vote and the adoptlon of the following remlutlon, An affirmative vote by a majority of the appointed Commi ssloners i s needed to pass the motion I -
The Commlsslon hereby cert5fie.g the amendment request to the City of Carlsbad LCP on the grounds that the amendment, its approved wlth the suggested moblfications, will meet the requirements of and conform with the policles of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achleve the baslc state goals specified In Section 30001,5 of the Coastal Act; the land use plan, as amended, will contaln a speclf'lc access component as requlred by
Section 30500 of' the Coastal Act; the land use plan, as amended, will be consistent wlth applicable deeistons of the Commission that shall guide local government actlons pursuant to SectIan 30625(c) ; and certification of the land use plan amendment does meet the requirements of Section 21080.5(d)(2)(11 of the California Environmental Quality Act, as there would be no feaslbte measures of feasible alternatives which would substantlally lessen significant adverse', impacts on the environment.
C. WIQN IIL. (Resolutlon to deny cer.tf-Plcation of the Mello I and Mello I1 Implementation Plan Amendment 1-94(8), as s u bmi t t ed 1
I move that the Comm!ssion reject the Clty of Carlsbad's Implementation Plan Amendment 1-94(8), affecting the Mello I and Mello XI segments, as submi t ted .
ff Recomme,ndam
Staff recommends a yEs vote and the adoptlon of' the following resolution. An affirmatlve vote by a majorlty of the Commissioners present Is needed to pas<'the motion.
The Commisslon hereby denles certification of the amendment to the City of Carhbad's local Coastal Program on the grounds that the amendment does
Clty of Carlsbad LCPA 1-94tB) Page 3
There are feasible alternatfves or feasible not confarm wlth, and 15 not adequate to carry out, the provlslons of the certified land use plan. mitigation measures avallable which would substantlally lessen any sfgnificmt adverse impacts which the approval would have on the envt ranrnent
lESN..!'lJON IV. (Res0luti0n to approve certlflcation of a portSon of the City of Carlsbad Implementatlon Plan Amendment 1-94(8), if madt f 1 ed)
I move that the Commiss!on approve the City of Carlsbad Implementation Platr Amendment 1-94(8), as it relates to the Mello I &nd Mello I1 segments, iP It is modifled in conformance with the suggestlons set forth in thls staff report.
s taf f Recornmen-
Staff recommends a resolution, present Ss needed to pass the motion.
vote and the adoption of the following An afflrmative vote by a majorlty of the Commfssioners
The Cornmi ssion hereby wl th suggested modi Pi c%lons, to the C1 ty of Carl sbad' s Local Coastal Program on the grounds that the amendment does conform wlth, and Is adequate to carry out, the provisions of the certqfied land use plan. There are no feasl ble a1 ternatlves or feasible mt tlgatlon measures avstlable which would substantlally lessen any signlflcant adverse .impacts which the approval would have on the environment.
Droves ce rti fiw of the amendment, as approved
.-L
Staff recommends the Commission adopt the fol lowlng Suggested Modlficatiuns to Local Coastal Program Amendment 1-94(8) I
TED MODJFICATm
The following are the suggested revlsions for this amendment request. Aviara Master Plan serves a5 the Land Use Plan (LUP) and Implementation Wen (IP) for those segments of the C4ty oP Carlsbad LCP that lie withln its geographic limits. The proposed amendment applies only to Phase III of the Aviara Master Plan lands that lie wlthln the Mello I and Me110 I1 segments. Language to be added is undeTM; language to be deleted 1s l+dbbddlddt.
The
d Us- ..
1. On page 17 wlthln the "Locel Coastal Program" section, new language shall be added In Section 2 as follows:
City of Carlsbad LCPA 1-94(8) Page 4
Gradi na and mource -~servatlon All development upon the subject property shall comply wt th the grad! ng and resource preservatton pol 1 cl es of the underlylng Mella 1, Me110 I1 and Batiquitos Lagoan/HPI Local Coastal Program policies. For a1 1 tentative maps and/or s! te development plans/planned unit development processed for any portlon of thls Master Plan, sits specific slope and blologlcal constralnt maps must be submltted for revlew. These maps shall speclfy: 11 all 25% or greater slope areas containtng Chaparral and Coastal Sage Scrub habitats, and 2) all other 25% or greater $lops areas. All new&wl nt shall be deslwo, be comment with multi - spec1 es a.ad..mul t Kbi tat goal q",d Dm establ1,oed me statewide Natural -ties -,vat! on P1 ann1 ng
,uuidellnes shall b-ltatfon with the United States Fish jind Wildlife Sul,ce and ,he.Caarmnt of Fish
On page 138 under Plannlng Area 17 Landscw the fifth sectton should be
CCP) Program. Both the tenwtra_cte final llance with N- lnes,. Co mal 1 ance wl th th
2, revlsed as follows:
A fire suppresslon zone subject to the approval of the Planning Director and F1 re Marshal 1 shalt be establ i shed between native/natural ized areas and structures. The Plre suppresslon plan should Incorporate -- structural setbackd from natlve areas in camblnlatlon wlth a progym of selective thlnnlng of natlve vegetation sub3eet to the approval of the Plannfng Dftector.
On page 138 under Planning Area 17 liQDen.Spm'l, the language shall be revllsed as follows: 3.
The manufactured slope areas shall be malntalned as open space, ' . Additional areas along the western boundary of the planning area shall be maintained 8s natural open space lncludtng eucalyptus groves located at the northwest and southwest corners of €h~pignning area which may be thfnned, A tree thinning plan shall be submitted to the Planning Director for approval. Tho above open space areas shall be rnalntained by the communi ty open space mal nlenanee di strict - sLlared1if.e. .c.a.rridor shall be rna1U-e north And of Lhb A north-eas t t rend-
4. revised a5 follows: On page 153 under Planning Area 21 LandscaDe the flfth section should be
A fire suppression zone $Object to the approval of the Plannlng Dlrector and Fire Marshall shall be establtshed between nativelnaturallzed areas and stuctures. The ftre suppresslon plan should Incorporate iunbhui structural setbackd from natfve arms in conbinlatfon
with a program of selectlve thinning of nattve vegetatlon subject to the approval of the P1 ann1 ng 01 rector.
City of Carlsbad LCPA 144W Page 5
5. On page 1 deleted as proposed and should be revlsed as follows: under Plannlng Area 21 rr.ai~ the langunga should not be
u A portion of the major communlty trail which extends southward from Poinsettia Lane are located withln this plannlng are&. The trail segment runs along the westerly edge of the major eucalyptus grove wlthin the plannlng area and the segment within the public utlllty corridor whlch extends southward to the golf course shall be constructed as a conditton of development for this plannlng area, m~d.on tq thp trail a1 1 on- - yithln this sewnt may occur -consultat ion wl-whe Deat, ,of Flshm me and JJ,S Fish and he wtern n he aalf course. Wlldlif_eService. and ,mconfntm to t -of the resldential subdivision a d elc_t.snd south to t
4. On page 157 under Plannlng Area 22 !a.u&&g the sixth section should be revlsed as follows:
*.
A fire suppresslon zone subject to the approval of' the Planning Dlrector and Fire Marshal 1 shall be established between nativelnaturallted areas and structures.
with a program of selective thlnnlng of native vegetatlon subject to the approval of the Plannl ng bl rector.
On page 158 under Planning Area 22 'ISQgn SiIacp", the language shall be revi sed as follows:
The flre suppression plan should Incorporate tv 170) foot structural setbaekd Pram natlve areas in combinlation
2.
The manufactured slope areas shall be mafntained as open space, The large undeveloped areas, especl a1 ly the slopes 1 n the rldti!#Wtt central, east and southeast portlons of the plannlng arm, shall be Iremints ef
Wl Id-1 1 fe S- a- maintained 8s natural open space, in co-ce with the uau Deparmt of Fish and Ga me and U,S, Fish and.,
1s and r-ts of the Natural mities C;Paservat ulna (NCIIP) P royam. The above noted open space areas shall be maintained by the community open space maintenance dlstrlct. A Undereradna shall be comt r ucted &n&&b the Pl&Wa Area 22-
meet the Qpn 1 on
nort,h end of. thfi men space wlldllf~4dor.
8. deleted and should be revised as follows: On page 158 under Planning Area 22 lralls the languhge should not be
tral\s The portlon of the major communtty trail which connects Poinsettla Lane and Alga Road Is located wfthtn the planning area and shall be constructed a$ a condition of development far thls plannlng area, PPvisian ta ttZe with tha F1 h -allanment wlthln this, .S-Y occur. in coU,Uh.&$laon D. lfe Service. to extd SOW
bbit-it arw
[envi ro- sen.5, tl VE
u bun ”UllV I IIL kVIIII.LY~.LC..,. , . 1-4 --- -- - 4 -
Clty of Carlsbad LCPA 1-94(8) Page 6
9. On page 158 under Planning Area 22 , the following language should be added as follows:
ed in cowl saag sc rub and /or soothe rn ma.r.ltime.. ch-
dete
the United States Fish an~ldlif~orlar to recordation mined throuqh I pluroved bv the DeDarmt of Fish and
final maD far the residential ~lsl~~lanninu area.
10. On page 162 under Plannlng Area 23 uape the slxth section should be revlsed as follows:
A fire suppresslon zone subject to the approval of the Plannlng Olrector and Fi re Marshal 1 shall be established between natlvehatural 1 red weas and structures. The flre suppresston plan should Incorporate 9 mlnlmym twentv (20) .m structural setback# from native areas in combhiation with a program of selectlve thinning of native vegetation subject to the approval of the Planning Director.
11. On page 162 under Planning Area 23 deleted and should be revlsed to read as follows: the language should not be
12.
13.
mLu.3 A portion of the community trail linking Alga Road and Poinsettia Lane is located along the easterly edge of the site. Construction of thfs Wall shall be a condition of development for this planning area. Ppvisla-
of Flsh~~~ Wildlife we.. to extend south IS sewmay occur. In consultatfonMth tha
to a c-lth Alaa Road and awlron mental 1.Y sensi tl ve hu &
aLt?iL
On page 193 under Planning Area 32 “Perrnitiul Uses If, the 1 angmge shall be revlsed IS follows: - .-
trail alt
a.
The following uses are allowed withln the PacifSc Rim Park (Areas 32 and 32a on Exhibf t V-33) ; moe n SDICC. Passive rewlona 1 uses,
family-oriented plcnlc areas, group picnlc areas, turfed open space areas for free play, multi-purpose llghted playfields, tot areas, a structure for meettng er 1 ectures, tennis courts, swlmmlng pool, onsl te parking and slmilar uses commonly located in a public park. Church and daycare uses are allowed with Area 32b subject to approval ot’ a condltional use perm1 t
On Page 193a under Plannlng Area 32 %en SoaLL ‘I, the fa1 low! ng 1 anguage shall be added as follows: - ~
State of California
MEMORANDUM
California Coastal Commission
San Diego District
TO: Cotitmissloners and DATE: August 9, 1994 Interested Persons
FROM: Staff FILE NO: 6-94-25
SUBJECT : Revised Staff Recommendation including Special Condi tfons zlnd Exhibits to the Regular Calendar Staff Report and Preliminary Recommendation dated July 28, 1994; (Flndlngs to support the Commission aetlon will follow at a subsequent meetlng)
Staff recommends the Commloslon adopt the following Speclal Conditions Pot the above prod ec t .
-Conditions.
The permit is subject to: the following condltlons:
1. Ued Tentative Map! H.i,'ldlife Corridors. Friar to the issuance of' the coastal develapment petmlt, the applicant shall submlt a revised tentatlve map, approved by the Clty of Carlsbad, the Cblifornia Department of Fish and Game and the U.S. Fish and Wildlife Service, and subject to the revtew and written approval of the Executlve Director. The revised tentative map Shall indicate wi ldllfo corridors have been created wl thtn undisturbed open space within the north end of Planning Area 17 (north of proposed Lot 31 and the eastern and central portions of Planning Area 22 (de'letlng proposed Lots
150-1541, in sire and configuration as shown In concept on Exhlblts A',iind E. The revised tentatlve map shall also indicate that llwlldllfe undercrossfngsf' will be constructed wlthln AmbrosSa Lane, and the residential access to Planning Area 22. Manuf'acturd slopes associRed .with residentla1 lots located adjacent to any proposed utldlsturbed open space shall not be located wl thf n the requ! red open space area.
2. @?e?. ace Deed Restrlctfa . Prior to the Issuance of the coastal development pt% t, the appl i cant shall execute and record B restrl ctlon against the subject property, free of all prlor Mens and encumbrances, except for tax liens, and blnding on the permittee's successors in interest and any subsequent purchasers of any portion of the real property. The restrictlon shall prohibit any a1 teration of landforms, removal of vegetation or the erectlon of structures of any type in the areas proposed as "give-back" undisturbed open space on the Open Space Trade-off Plan, dated May 13, 1994, including the additional approximately 2.5 acres of' open space assoclated with the redeslgn of Planning Areas 17 and 22 as shown in concept on attached Exhiblts A and 8. both the applicant's entire parCelts1 and the restricted area, and shall be In a form and content acceptable to the Executive Plrector. recordation of such restriction shall be subject to the review and wrltten approval of the Executlve Director.
3. &adin gj'mtrol , development petmi t, the appl1 cant shall submit to the Executl ve DI rector for review and written approval, final site and grading plans approved by the City of Carl sbad whl ch qntornorate the fol1 owl ng requl rements:
The recordlng document shall include legal descriptfons of
Evidence of
Prlor to the issuance of the cob$tal
6-94-25 Special Condl tlons Page 2
A. All grading acttvlty shall be prohiblted between October 1st and April 1st of any year. Any exceptions to this polity ~111 be addressed on a case-by-case basis1 and shall require an amendment to this permit,
developed and Instal led prlor to October 1 *
E. All' permanent runoff and erosjon control devlces shall be
C. All mas disturbed, but not completed, durlng the construction Season, includlna graded pads, shall be stabilized prior to October 1. The proposed temporary emsf on control measures, such as 1 ntereeptor dltches, sendbhgging, debris basins, temporary destltlng baslns and silt traps shall be utilized In conjunction wlth plantqngs to rninlmlze sol1 loss from the constructton site.
responsl bt 11 ty at' the appl leant, 1 ncludl ng replacement of any devi ces altered or dislodged by storms.
4. Runoff
D. Maintenance of temporary etosl'on control measures Is the
Prior to the issuance of a coastal develo men% i permit, the appllcant shall submit a runoff control plan designed y a 11 eensed engi naer qual I f'l ed 1 n hydrology and hydraul i cs, whi eh waul d assure no Increase in peak runoff rate from the developed site over runoff that would occur from the existing undeveloped slte, as a result of a ten-year frequency storm over a slx-hour duratlon (10 year, 6 hour rainstorm). Runoff control shall be accompll shed by such means as on4 te detentionldesi 1 ting basins. Energy dfssipating measures at the termlnus of outflow dralns shall be constructed, The runoff control plan, Including supportlng calculatlons, shall be submitted to, revlewed and approved In writlng by the Executive Director.
Prlor to the issuance of the coasthl development permit, the appllcant shall submlt a revegetatIon/mltlgatian plan approved by the Department of Fish and Game (DFG). Such pT?fn shall incorporate L mlnirnum of 1.75 to 1 revegetation to coastal sage scrub disturbance ratio, and may
Include pockets of southern mart tlme chaparral revegetatlon palettes 1 f determlned to be prsforable to sage scrub palettes through consul tation wl th the Department of Fish and Game. Said plan shall incorporate the provisions of the "Coastal Sage Scrub Mltlgatlon Plhn" dated September 1, 1993 and revlsed June 7, 1994 and shall address the revegetation of Plannlng Areas 17 and 22 In llght of the project redesign. Said plan shall indicate the type, size, extent and location of all plant materials, any proposed irrigation system and other landscape features to revegetate all deslgnated on the revegeta~lon/m~t~g&tlon plan. Sald plan shall be subml tted to, tevlewed and
approved in wrttlng by the Executlve Director.
development perm! t, the appl 1 cant shall subml t to the Executive Dl rector for review and approval In writing, a detalled fire suppresslon plan nlth all open space deed restrletton boundatfes superimposed, and lndlcatlng the llml ts of fire suppression Zones 1 through 3. No portlon of any Zone 1 areas shall
encroach Into any open space deed restricted area; therefore, a mlnlmum 20
5. -Ion Plab.
6. Jlrp S-. Prior to the Issuance of the coastal
6-94-25 Special Condltlans Page 3
foot structural setback shall be establlshed wlthln the submltted plan for all lots adjo'i nl ng undl sturbed open space I No cl earcutti ng wl thl n open space areas shall be permitted. In addttlon, all deed restricted apen space areas adjacent to development shall be malntained by the Aviara Master Homeowners Assoclatlan, and shall be matntained in a fashion consistent wSth the approved Aviara Native Landscape Fire Suppresslon Manual dated May 10, 1990.
7. tml nu Progra . Prfor to the Issuance of the coa developmmppl Scant shal? subml t for the revt ew and written approval of the Executive Director, In consultation with the Department of Fish and tume, a detailed monitoring program far the revegetation plm for disturbed and manufactured slope areas prepared pursuant to SPeclal Condl t
tal
the on %5 above. The monltorlng program shall'include 'surveys of' the extent of coverage and specfes compos! tion of a1 1 requl red revegetated areas, hlong wl th a cornparl son af adjacent undi sturbed, natural areas. The man\ tar! ng program shall be conducted for a rninlrnum of five (5) years and shall be reported to the Executlve Illrector an an annual basls.
8. Etos Ion Contrw enao.c.e. PrSor to the issuance of the coastal development perml t, evl dence of bandlng, cash deposl ts or other agreements entered Into wlth the C'lty of Carlsbad for the purpose of matntaln!ng erosion control devl ces, lncludi ng permanent and temporary des1 1 tl ng bas1 ns, shall be
submitted for the review and wrltten approval of the Executive Director, prlor to the Issuance of the permlt.
9. 1.t A mendme nts. Prior to tho Issuance of the coastal development permit, the applicant shall comply wlth the above stated conditions 04 thls coastal development permlt and shall submlt the revised tentative map to the City of Carlsbad, the Dept, of Fish and Game and the U.S Flsh and Wlldlife Service for revlew and wrl tten approval agencies whlch are not In conformance wlth the conditions of approval of thls permlt shall requlre an amendment to thls permit, .
Any changes required by those
August 8,
The Deparkmmt Q€ Fieh and Game (DFQ) hae received your letter and tentative map data8 August 2, 1994, addrarsscd to David Lawhead (DFG-NCCP), autlinlng the changes in the proposed Aviisra Phase L3X development to maat DFG concerns on regional habitat connectivity and uonsietoncy with the City of Carlabad's liabitat
Managemmnk Plan. The DFG has also reoeivsd a cagy f~om yuu of' yaw latter ta Ms. Debarah Leo at the California Coastal Camm~ss~an, which in more agecif$c detail d~sQ\1814t5 the proposed project changeo, As per our agreement E& the ?Uy 28, 1994 meeting with you and the W,S. Fish and Wildlife Garvice (USFWs), the DFG Conare wiCh the followfrrg changest
A* -
1, The open #pace corridor nwth of Planning Area 17 w4 1 I be widlnad ta apprQ%im&blY, 31, a6 in4icated on the revieed tenCclCivm map CT'B2-3-), folluwing BL natural cantour 'Line that nrin 1 mtzrs auk or fiU alapes.
3, A wildlife undrrcroB8fng WLll be prbvlded under Mbrasia Street where the wildlife ccw-idor deeeribsd in #Y, abeve, interrecta th8 rlreetd Avhre will omsult with the BPQ and WSFWS on the design of thiv undororosstng
3.
underaroswing . Avfara will eliminate ox rninimfza stmttat Li hting
on &&asfa street S.n the vicinity a!? the wild1 H tei
-
I
3. A revegetation plan will be dmvrrlopad far khm area whara thr eastern-mwt lota'(lS0-l.54) were originally planned, The revegetation plan will conaentrate on aoutbrn maritime chaparral restoration, fn your letter to Ms. Debvrah Lea, you propose that this reetmi&km site fot southern maritirr\e Chaparral couM be U#eb as a mitigostion site for other davelopere who need mitigation ~radikta roc impacts to marithur chaparral. Bmever, the DFG boas not aaneur with this point, mitigation bank was Wailable Qnly LE all at thlp lots in that ptanning area wwe removed. Aviara is resgoneible for maritim chapaxral revegstathn on the portions of planning area 22 that Wfll X'eqUlXe it after lutw 362-367, and +he adjacent road, arm built OU~. areas in planning area 33 that warn previously 4isturbtrrd should also be revegetated apprcqrhtfalyr
me option ta use planning area 22 as a
CU'B on the next page
Mr, 1). Larry Clemenr
Page No
August 9, 1994
Department af Pieh and Gslme
'.
. . --
Mr, Mike Grim Planning Dtpartmrnt d+ty of cerrlsbad Carlsbad
I ..
1 .&
251.. 4
# DOMESTIC LANDSCAPE
r(
4. FIRE CONTROL PLANTING AREA * COMMON MAINTENANCE CI
60' OVERALL FIRE SUPPRESSION ZONE
XY - ZONE 3 20' - ZONE 2 I 2I3' - ZONE 1
EXHIBIT A: LANDSCAPE FIRE SUPPRESSION ZONES
AVlARA RRE SUPPR€:SSlON LANDSCAPE GUIDELINES
t