HomeMy WebLinkAboutLCPA 95-11; Western Pacific/Planning Area 5; Local Coastal Program Amendment (LCPA) (9)' STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Govrrnor
CALIFORNIA COASTAL COMMISSION
:AN DIEGO COAST AREA March 20, 1996
3111 CAMINO DEL RIO NORTH, SUITE 200
;AN DIEGO, CA 92108-1725
'619) 521-8036
TO:
FROM:
SUBJECT :
COMMISSIONERS AND INTERESTED PERSONS
CHUCK DAMM, SOUTH COAST DISTRICT DIRECTOR DEBORAH LEE, ASSISTANT DISTRICT DIRECTOR, SAN OIEGO AREA OFFICE
BILL PONDER, COASTAL PROGRAM ANALYST, SAN DIEGO AREA OFFICE
STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-96E (Aviara PAS 5 and 12) TO THE CITY OF CARLSBAD LCP MELLO I PROPERTIES SEGMENT (For Public
Hearing and Possible Commission Action at the Meeting of April 9-12,
1996)
SYNOPSIS
SUMMARY OF AMENDMENT REOUEST/HISTORY
The subject amendment request amends the certified Mello I LCP segment. LCP was submitted concurrent with a specific development proposal, including a . Master Plan, for 1,402 acres of the Hunt properties known originally as the Pacific Rim Country Club and Resort, and now referred to as Aviara.
The
There are two components to the amendment request regarding Planning Areas (PA) 5 and 12 of the Aviara Master Plan. The proposed amendment to Aviara Planning Area #5 allows a land use/product change from multi-family
\I residential to clustered single family homes; proposes development standards for the new single family product type; and revises master plan trail language
in the adjacent SDG&E easement. Similarly, the proposed amendment to Aviara
Planning Area #12 allows a land use/product change from multi-family to
clustered single family homes; and proposes development standards for the new
single family product type. No other changes to coastal zone goals, policies
or objectives are proposed in either planning area.
Staff recommends approval of the proposed land use plan amendment, as
submitted.
5. Since the Master Plan serves as the Land Use Plan and Imolementation Program for those po rtions of Mello I that co rresDo nd to t he Aviara Droiect,
both the Land Use Plan and Implementation Program must be c hanaed tq
accommodate the Droposed amendment. The 1 and use ~1 an amendment fi ndi nss
besin on Paoe 5 and findings for certification of the imlementation Dlan amendment begin on Paae 8.
The amropriate resolutions and motions mav be found on Pases 4 -
BACKGROUND
The Carl sbad 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
Carl sbad LCPA 1-96 (Aviara)
Page 2
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. In October, 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.
The City then adopted the Mello I and I1 segments and began working toward
certification of all segments of its local coastal program. Since the 1985
action, the Commission has approved many major amendments to the City of
Carl s bad LCP.
However, the City of Carlsbad
The Commission certified the land use plan portion of the Agua Hedionda segment in 1982. In addition, two new segments were annexed to the City, the West Batiqui tos Lagoon/Sammis Properties segment and the East Batiqui tos
Lagoon/Hunt Properti es segment. The West Bati qui tos Lagoon/Sammi s Properti es
LCP was certified in 1985. The East Batiquitos Lagoon/Hunt Properties LCP was
certi fi ed in 1988. In 1987, a resubmitted Carl sbad Vi 11 age Redevelopment Area
LCP was effectively certified and the Redevelopment Agency began issuing
coastal development permits for that segment only in 1988. .
ADDITIONAL INFORMATION
Further information on the City of Carlsbad LCP Amendment #1-96€ may be
obtained from Bill Ponder, Coastal Planner, at (619) 521-8036.
PART I. OVERVIEW
Carlsbad LCPA 1-96 (Aviara) Page 3
A. Local Coasta 1 Proaram Hi storv-All Sea ments.
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 Batiquitos Lagoon/Sammis Properties LCP segment with 200 acres; the East Batiqui tos Lagoon/Hunt Properties LCP segment with 1,000 acres and the Vi 11 age Area Redevelopment segment with approximately 100 acres. The history of the
City's LCP is discussed in its entirety in the Carlsbad LCP Amendment No. 1-96C report also on this agenda; that information is herein incorporated by reference.
the Agua Hedionda Lagoon LCP segment comprised of approximately
B. STANDARD OF REVI'EW
The standard of review for land use plans, or their amendments, is found in Section 30512 of the Coastal Act. certify an LUP or LUP amendment if it finds that it meets the requirements of
Chapter 3 of the Coastal Act. Specifically, it states:
This section requires the Commission to
Section 30512
(c) The Gmaissi~n shall certify a land use plan, or any amendments
thereto, if it finds that a land use pian meets the requirements of, and
is in conformity with, the policies of Chapter 3 (commencing with Section
30200). Except as provided in paragraph (1) of subdivision (a), a
decision to certify shall require a majority vote of the appointed
membership of the Commission.
Pursuant to Section 30513 of the Coastal Act, the Commission may only reject
zoni ng ordi nances or other imp1 ementi ng actions, as we1 1 as thei r 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 various components of the subject amendment request. All of those local
hearings were duly noticed to the public. Notice of the subject amendment has
been di stri buted to a1 1 known interested parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided just prior to each resolution.
Carl sbad LCPA 1-96 (Aviara) Page 4
A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad
Mello I Segment Land Use Plan Amendment 1-95E, as submitted
MOTION I
I move that the Commission certify the City of Carlsbad Land Use Plan Amendment 1-96E, as submitted.
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 a majority of the appointed
Resolution I
The Commission hereby certifies the amendment request to the City of Carlsbad Mello I Segment and >s t he findings sta ted below on the
grounds that the amendment 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
consi stent with appl i cab1 e deci sions 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)(Z)(i) of the California Environmental Quality Act, as there
would be no feasible measures or feasible alternatives which would
substantially lessen significant adverse impacts on the environment.
RESOLUTION I1 (Resolution to approve certification of the City of Carlsbad Mello I Segment Implementation Plan Amendment 1-96E, as submitted)
6.
MOTION I1
I move that the Commission reject the City of Carlsbad Implementation Plan Amendment 1-96E, as submitted.
Staff Recommendation
Staff recommends a
and findings.
present is needed to pass the motion.
vote and the adoption of the following resolution
An affirmative vote by a majority of the Commissioners
Resolution I1
The Commission hereby approves certification of the amendment to the City
of Carlsbad Local Coastal Program on the grounds that the amendment
conforms with, and is adequate to carry out, the provisions of the
. Carlsbad LCPA 1-96 (Aviara) Page 5
certified land use plan. mitigation measures available which would substantially lessen any
significant adverse impacts which the approval would have on the envi ronment.
There are no feasible alternatives or feasible
PART 111.
AMENDMENT 1 -96E
A. AMENDMENT DESCRIPTION/AVIARA PLANNING AREA #5
The proposed amendment to Aviara Planning Area #5 within the Mello I LCP segment a1 lows a land use/product change from multi-family to clustered single family homes; proposes development standards for the new single family product
type; and revises master plan trail language in the adjacent SDG&E easement.
The project site is located southwest of the intersection of Alga Road and
Batiquitos Drive. Currently, the certified Aviara Master Plan allows up to
189 attached multi-family dwelling units in PA 5; 131 detached, but clustered single family units are proposed with this amendment. The amendment also
proposes a clarification of the community trai 1 construction requirement for the'SDG&E powerline easement located within PA 5; and a correction of existing
graphics within the Aviara Master Plan (SDG&E powerline easement is inaccurately shown within PA 4). policies or objectives are proposed.
No other changes to coastal zone goals,
8. AMENDMENT DESCRIPTION/AVIARA PLANNING AREA 12
The second part to the amendment allows a land use/product change from
mu1 ti-fami ly to clustered single family homes; and proposes development
standards for the new single family product in Aviara Planning Area #12. revision to the development standards would permit smaller building separation (10 feet), reduced front setbacks for living areas (10 feet), reduced building
height (two stories exclusively) and reduced private street width for
courtyards serving four units or less (24 feet). The proposed revisions would
not adjust resi denti a1 density, planning area boundary setbacks , recreation
area of parking requirements. The project site is located on the southeast
corner of Alga Road and Black Rail Court, between the Four Seasons Resort and Planning Area #13. No other changes to coastal zone goals, policies or
objectives are proposed.
The
1. OF THE OA TAL A T c.
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 certification as submitted, is consistent with the policies and requirements of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic state goals
specified in Section 30001.5 of the Coastal Act which states:
The Legislature further finds and declares that the basic goals of
the state for the coastal zone are to:
Carlsbad LCPA 1-96 (Aviara)
Page 6
a) Protect. maint in and wher f ible, 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.
e> Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound
resource conservation principles and constitutional ly 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
preparing procedures to implement coordinated planning and development for
mutually beneficial uses, including educational uses, in the coastal zone.
D. CHAPTER 3 CO NSI STENCY
1. Visual Resources. Section 30251 of the Coastal 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 surrounding areas....
Permitted development
The Aviara master plan holdings are visually prominent areas on the north shore of Batiquitos Lagoon. The property is visible from 1-5, La Costa
Avenue, El Camino Real, Old Highway 101 and from at least two designated vista points identified in the previously certified County of San Diego Local Coastal Program, which, at one time, covered the project site and what is now the City of Encinitas. Any development occurring here will have impacts upon
public views, compared to the formerly vacant slopes and valleys located adjacent to the open lagoon area. Given the visual prominence of Aviara, the goal has been to soften or to minimize the impacts of the large-scale development approved for the site.
Regarding the Planning Area 5 amendment, the City proposes to lower the
overall maximum building height from 35 to 30 or 24 feet dependent on the roof
pitch design. area to have three-story development; the amendment would only provide for two
story development. Therefore, the current amendment would provide for a lower
scale of development in this planning area.
In addition, the present plan would allow some portions of the
Although 189 residential units are allowed in this planning area under the
master plan and 147 units were approved under the Commission's last action
(CDP #6-90-301), 131 residential units are proposed. This reduction in the
. Carl sbad LCPA 1-96 (Avi ara)
Page 7
intensity of development on this site will result in reduced visual impacts to
the viewshed as building massing and separation would be significantly less
intensive than development associated with more units.
Additionally, the Master Plan requires that individual planning areas provide
specimen-sized street and accent trees as well as building design standards
(varying roof planes, offset second stories) to mitigate the adverse visual impacts to scenic areas. development allowed on this site and the existing measures in place within the
master plan to mitigate the adverse visual impacts of new development, the Commission finds the proposed amendment consistent with Section 30251 of the Coastal Act.
Thus, with the proposed decreased intensity of
The Planning Area 12 amendment would also revise development standards to limit construction to two-story, 30 ft. high residences. Similar to the PA 5
amendment, the Master Plan presently allows a maximum of 35 feet/3 stories.
The project would revise the currently approved 108 unit multifamily residential development to a 101 unit, clustered single family condominium development. The master plan development standards would be revised to
reflect the revision; however, no reduction in public facilities, planning
area setbacks, parking, landscaping or recreation areas would occur.
The most prominent issue at the local level with respect to this planning area .
was the views of the neighborhood from nearby homes in Aviara Point (PA 13).
To resolve this issue, the City adopted a condition requiring a perimeter retaining wall with landscaping that would be maintained by the Aviara Homwonwer's Association. impacted by the amendment. for PA 12 can be found consistent with Section 30251 of the Coastal Act.
No public views protected under the LCP would be Thus, the Commission finds the proposed amendment
2. Visitor Uses /Pub1 i c Recreation/Priori tv Uses
The Coastal Act promotes and preserves a full range of public access
opportunities along the shoreline, including the provision of lower cost vi si tor-servi ng faci 1 i ti es which serve and support coastal vi si tors. 30221 provides for the protection of oceanfront land suitable for recreational use unless present and foreseeable future demand obviates such protection; 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.
Section
In its certification of the Aviara Master Plan, the Commission found the upland community trail system was a lower cost recreational facility which
gives access to the Batiquitos Lagoon North Shore Trail and upland areas
within the Aviara holdings.
sensitive resources in exchange for the commitment that the upland trail
system would go forward to provide public access.
access/trails in PA 5, two segments of the approved upland community trail system traverse this planning area.
The Commission allowed encroachment into
Regarding public
Carl sbad LCPA 1-96 (Avi ara)
Page 8
Currently, a major community trail exists along the southeasterly side of Alga Road as a sidewalk. The other trail segment traverses that portion of the SDG&E easement within PA 5. The amendment proposes to add a provision
regarding this trail that indicates no certificates of occupancy shall be issued for any residential units or phases located adjacent to the SDG&E easement until the required public trail is constructed and landscaped to the satisfaction of the City. As presently certified, the master plan does not provide for this trail in PA 5. Rather, it is identified as a requirement in PA 4, which is adjacent PA 5 to the southwest. Originally, the master plan identified the trail on PA 4 but the amendment shows it in its correct location within PA 5. There are no public trail or community trail linkages,
other than a public sidewalk, in Planning Area 12. In any event, with the
assurance that the PA 5 public trail will be built as stipulated, the
Commission can find the proposed amendment consistent with the vi si tor-servi ng and public recreation sections of the Coastal Act.
3. Resource Preservation.
Section 30240 of the Coastal Act provides for the protection of environmentally sensitive habitat areas and the need to preserve naturally-vegetated steep slopes has been an issue in the Aviara planning areas. Aviara Master Plan resulted in the delineation of developable areas within each pl anni ng area and required the permanent preservation of designated habitat areas. There are no changes proposed to the deed restricted open space areas already conveyed as part of the original master plan approval and
subdivision in this amendment. result in a different development pattern, the future projects will still
conform to the approved development envelope with no encroachments into
adjacent habitat areas. controls, grading season restrictions and brush management specifications) will remain in effect. Therefore, the Commission finds that the proposed land use plan can be found consistent with the resource protection policies of Chapter 3.
The existing certified
Although both parts of the amendment request
Other resource protection measures (such as erosion
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN
AMENDMENT 1 -96E
A. AMENDMENT DESCRIPTION
The Me110 I LCP segment includes the use of the Master Plan as the
Implementation Program for those portions of the land use plan segments which
correspond to the Master Plan. As such, the proposed amendment to the
Implementation Program is identical to that of the LUP, as discussed above.
B. FINDINGS FOR CERTIFICATION
The standard of review for LCP
their consistency with and abi
certified LUP. In the case of
serves as both the LUP and Imp
imp1 ementation submittals or amendments is
ity to carry out the provisions of the
the subject LCP amendment, the Master Plan
ementation Program for those portions of the
Carlsbad LCPA 1-96 (Aviara)
Page 9
Mello I segment that is the subject of the Master Plan.
identical document serves as both the planning and implementation documents,
the Commission finds that the proposed amendments are consistent with the
corresponding certified land use plan.
Given that the
In addition, the proposed amendment to the Implementation Program contains a
level of detail and specificity corresponding to that previously approved by the Commission in its certification of the Master Plan as the Implementation Program for the subject LCP segments. Therefore, the Commission finds that
the subject amendment to the Implementation Program is adequate to carry out
the policies of the certified LUP.
PART V. CO NSISTENCY 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. Instead, the CEQA
responsibilities are assigned to the Coastal Commission 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.
Thus, under CEQA Section 21080.5,
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. In the case of the subject LCP amendment
request, the Commission finds that approval of the subject LCP amendment would not resul t i n potenti a1 ly si gni fi cant envi ronmental impacts under the meaning
of the Cal i forni a Environmental Qual i ty Act. As di scussed above, the proposed
amendments to the height standards in PAS 5 and 12 are not expected to have any adverse visual impacts as building heights are being lowered and more residential units were approved in the original master plan than what are proposed with the current amendments. Addl tional ly, regarding the upland community trail system, the amendment requires the secondary trail to be built prior to occupancy of units adjacent to the trail. In this way, there is an
assurance the trail will be provided in a timely manner. Therefore, the Commission finds that no significant, unmitigable environmental impacts under the meaning of CEQA will result from the approval of the proposed amendment.
IEXHIBIT NO. / I