Loading...
HomeMy WebLinkAboutLCPA 95-13; Marea-Aviara Planning Area 12; Local Coastal Program Amendment (LCPA) (3)PETE WILSON, Governor STATE OF CALIFOR JIA-THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION TAN DIEGO COAST AREA March 20, 1996 31 11 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 61 9) 52 i -8036 TO: COMMISSIONERS AND INTERESTED PERSONS Th qf FROM: CHUCK DAMM, SOUTH COAST DISTRICT DIRECTOR DEBORAH LEE, ASSISTANT DISTRICT DIRECTOR, SAN DIEGO AREA OFFICE BILL PONDER, COASTAL PROGRAM ANALYST, SAN DIEGO AREA OFFICE SUBJECT: 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 Meeti,ng of April 9-12, 1996) SYNOPSIS SUMMARY OF AMENDMENT REOUEST/HISTORY The subject amendment request amends the certified Mello I LCP segment. The 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. 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 ,> 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. SUMMARY OF STAFF RECOMMENDATION Staff recommends approval of the proposed land use plan amendment, as submitted. The amropriate resolutions and motions may be found on Pages 4 - 5. Since the Master Plan serves as the Land Use Plan and ImDlementation Proaram for those D ortions of Mello I that co rresDond to t he Aviara Project, both the Land Use Plan and ImDlementation Program must be c hanged tc! accommodate the Drouosed amendment. The land use Dlan amendment findings beain on Paae 5 and findinqs for certification of the imDlementation plan amendment beain on Paae 8. 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 h Carlsbad LCPA 1-96 Page 2 (Avi ara) and I1 segments in 1980 and 1981, respectiv ly. 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 sbad LCP. However, the City f Carlsb d 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 Bat! qui tos Lagoon/Sammi s Properties segment and the East Bati qui tos LagoonjHunt Properties segment. The West Batiqui tos Lagoon/Sammi s Properties LCP was certified in 1985. The East Batiquitos Lagoon/Hunt Properties LCP was certified in 1988. In 1987, a resubmitted Carlsbad Village 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 #1-96E 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 Historv-All Seq 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 Batiqui tos Lagoon/Sammi s Properties LCP segment with 200 acres ; the East Bati qui 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 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: Sect1 on 3051 2 (c) The Cmmi%sion shall certify a land use plan, or any amendments thereto, if it finds that it 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 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 various components of the subject amendment request. hearings were duly noticed to the public. Notice of the subject amendment has been di stri buted to a1 1 known interested parties. All of those local 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 resol uti on. Carl sbad LCPA 1-96 (Avi ara) Page 4 A. RESOLUTION I (Resoluti to ap rove rtification 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 &mts the findinus stated 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 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 ternatives which would substantially lessen significant adverse impacts on the environment. B. RESOLUTION I1 (Resolution to approve certification of the City of Carlsbad Mello I Segment Implementation Plan Amendment 1-96E, as submitted) MOTION I1 I move that the Commission reject the City of Carlsbad Implementation Plan Amendment 1 -96E, as submi tted. Staff Recommendation Staff recommends a and findings. present is needed to pass the motion. Resolution I1 vote and the adoption of the following resolution An affirmative vote by a majority of the Commissioners 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 environment. There are no feasible alternatives or feasible PART 111. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I LAND USE PLAN AMENDMENT 1 -96E A. AMENDMENT DESCRIPTION/AVIARA PLANNING AREA #5 The proposed amendment to Aviara Planning Area #5 within the Mello I LCP segment allows 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, B. 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 residential 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 C. CONFORMANCE 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 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: Carl sbad LCPA 1-96 (Aviara) Page 6 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 consistent with sound resource conservation principles and constitutional ly protected rights of private property owners. d) e) Encourage state and local initiatives and cooperation in Assure priority for coastal-dependent and coastal-related development over other developments on the coast. preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone. D. CHAPTER 3 CO N S I ST ENCY 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 vi sua1 ly 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 t Carlsbad LCPA 1-96 (Aviara) 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 feet13 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. Vi si tor 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 1 and sui tab1 e 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 commercial recreational faci 1 i ties to the exclusion of resi denti a1 , general commerci a1 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. The Commission allowed encroachment into 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. 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 Commi ssion can find the proposed amendment cons1 stent with the vi si tor-serving and public recreation sections of the Coastal Act. 3. Resou rce Preservation. Section 30240 of the Coastal Act provides for the protection of environmentally sensitive habitat areas and the need to preserve natural ly-vegetated steep slopes has been an issue in the Aviara planning areas. Aviara Master Plan resulted in the delineation of developable areas within each planning 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 implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. In the case of the subject LCP amendment, the Master Plan serves as both the LUP and Implementation Program for those portions of the Carl sbad LCPA 1-96 (Avi ara) Page 9 Mello I segment that is the subject of the Master Plan. Given that the i denti cal document serves as both the planning and imp1 ementation documents, the Commission finds that the proposed amendments are consistent with the corresponding certified land use plan. In addition, the proposed amendment to the Implementation Program contains a level of detai 1 and specificity corresponding to that previously approved by the Cornmission 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 responsi bi 1 i ties are assigned to the Coastal Commission and the Commi ssion's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Nevertheless, the Camission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LOP, as amended, does conform with CEQA provisions. request, the Commission finds that approval of the subject LCP amendment would not result in potentially significant environmental impacts under the meaning of the California Environmental Quality Act. As discussed 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. Additionally, 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. In the case of the subject LCP amendment (0942A) [EXHIBIT NO. 1 I J-96E A ? AVIARA MAREA - PLANNING AREA 12 MASTER PLAN AMENDMENT REPLACEMENT PAGES MP 177(L)/LCPA 95-13 NOVEMBER 15, 1995 )EXHIBIT NO. < 1 : -: This 26.1 acre planning area provihks for detached residential . The neighborhood fronts upon Alga Road to the northeast and is bounded by the hotel planning area to the east and the 7th and 8th holes of the golf course to the west. The southern portion of this neighborhood will preserve the natural slopes and vegetation. * clustered singie family l3EVELOPMFNT STANDARDS : PD All development in Planning Area 12 shall conform to the development standards of the PD ordinance as described in Chapter 21.45.090 of the Carlsbad Municipal Code unless otherwise noted in this chapter. USE: Maximum of 3 17 residential units (12.1 DWAC). Private recreation facilities are required in conjunction with the residential units. -USES: 3. Clustered Single family detached housing (condominium ownership). STE DEVELQPMENT STAND-: 30 m: The maximum height shall not exceed* feet. All heights shall be determined per Section 2 1.04.065 of the Carlsbad Municipal Code. Area shall be M- more than two storics in height a a No structures in this Planning Setbacks: The minimum setback for all structures from the Alga Road right-of-way shall be 50 feet. The minimum setback for all structures and parking hm Black Rail Court shall be 30 feet. All parking shall be setback a minimum of 35 feet fkom Alga Road, provided that it is fully dusters shall be 3 a minimum of 5 feet. All structures shaU screened- Front yard setbacks within the ~~&F+Es -91 ,I be setback a minimum of 20 feet from the planning area boundary. The &um building separation shall be 28 10 feet. All structures shall be setback a minim= of 2Q 10 feet fiom internal spine streets. All structures shall be setback 20 feet from the fue suppression zone. Units which have garages that front on the main spine-internal strcet shall have a minimum setback of 20 feet to the garage face. All front yard setbacks shall be measured from the back of curb or the back of sidewalk, whichever is closer. All side yards fronting on the cluster driveway shall be a minimum of seven and onehalf (75) Feet. All other side yards and rear yards shall be a minimum of five (3 feet. .. -..a . -1 17- Street Width: The main internal spine street shall be 32 feet wide, with pang on one side. The: .' entrance drive to each cfuster of four or fewer units shall be a minimum of 24 fet wide. The entmncc drive for dusters of over four units shall be a minimum of 30 feet wide. All private driveways within the clusters and dong the main spine street shall a minimum of 20 feet wide. Parking: Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code. All open parking shdl be screened from Alga Road by the use of beming and heaV l~~c~p~g. I SPECIAL DESIGN CRITERIA: Design: All community-wide design standards described in Section A of Chapter N shall be embodied in the architecture of this planning area. The following specific guidelines shall also be included for this pianning area: . . Strong architectural reiief features shall be incorporated into the structures visibIe from Alga Road. .. As shown on the conceptual site plan for this planning area, the identified natural ~l~pe~ shall he prcsewcd and maintained as awn space- * Curvilinear streets shall be combined with varied structural setbacks to strengthen the Mediterranean hilltown appearance of the planning area clusters. I Outdoor courtyardsS and patios shall be included. Entry Treatment: r I A neighborhood entry way shall be located on Black Raii Court Fencing: Traffic noise attenuation S~YUC~LKC may be required adjacent to Alga Road in the form of an approved decorative noise wall, earthen berm or combination of the two. A noise study shall be required prior to the submittal of a building permit to determihe the extend of this element An open fence shall be required at the perimeter of the development area beghhg at Alga Road I and extending around to Black hii Court. Landscape: All community-wide landscape standards described in Section A, Community Design Elements of Chapter IV shall be incorporated into this planning area. In addition, the following specific . landscape concepts shall be included in the development of this planning ma: Views to the golf course and lagoon shall be preserved. Landscape screening of structures shali be incorporated to soften the view of these structures from Alga Road. -119- Landscape screening shall be required for parking lots located dong Alga Road and other internal streets. Common streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments, imgation systems, walls, fences, lighting,, etc., have been pre-determined to provide consistency in design and quality. A fire suppression zone subject to the approval of the Planing Director and Fire Marshal shall be established between nativehaturalized areas and structures. The fire suppression plan should incorporate structural setbacks &om native areas in combination with a program of selective thinning of native vegetation subject to the of the Planning Director. The eastern slope near the hotel entry shall conform to the hotel landscaping criteria. Where parking lots are provided, a minimum 320 square foot landscaped island shall be provided for every ten parking spaces. Street Trees: Canary tsland Pine (Pinus canariensis) shall be planted along Alga Road. Queen Palm Black Rail Court. : I (Arecas- Rornanzofianum) shall be planted along 4Ah& I( I* Open Space: The northwest graded slopes adjacent to the 7th hole of the golf come and the graded slopes above the intersection of Alga Road and the resort entry road shall be maintained as open space. The portion of the planning area to the south of the developed area shall be maintained as a natural open space. The above open space areas shall be maintained by the community open space maintenance district. Trails: The planning area cluster frontage on Alga Road shall include a segment of the major community trail located along the south side of the street. This segment shall be constructed as a condition of development. Grading: Any development within this planning area shall comply with the City’s Hillside DeveIopment Regulations and the slope and resource preservation policies of the underlying local coastal program and subsequent coastal permit. Any application for development Within this plhg area shall require a slope analysishiologicai resource map during Site Development Plan review. -120-