HomeMy WebLinkAboutLCPA 96-13; Aviara Lot 308; Local Coastal Program Amendment (LCPA) (2)- rc--
* STATE OF CALIFORNIA-THE RESOURCES A rCY PETE WILSON, Governor
L CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA September 17, 1997
31 11 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725
1619) 521-8036
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: CHUCK DAMM, SOUTH COAST DEPUTY DIRECTOR
DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO DISTRICT
BILL PONDER, COASTAL PROGRAM ANALYST, SAN DIEGO DISTRICT
SUBJECT: STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-97A TO THE CITY OF CARLSBAD
LCP (For Public Hearing and Possible Commission Action at the Meeting
of October 7-10, 1997)
SYNOPSIS
SUMMARY OF STAFF RECOMMENDATION
This local coasta 1 Droaram amendment sub mittal has four amendments. t wo Darts assoc i ated with three different D lannina areas assoc i ated with the Aviara Master Plan in the Mello I and Mello I1 LCP Dlan areas. o ne assoc i ated with the Seaoo inte resort Dro. iect in the Mello I1 Dlan area and adootion of a ci tv-wide o rdi nance reaardi nu chi 1 d care faci 1 i ti es affecti na a1 1 certified LCP Dlan areas in the Carlsbad Local Coast a1 Proaram exceDt the Villaae
RedeveloDment area. Staff is recommending apo roval as su bmi tted for the
yse ~1 an amendments and thei r subseaue nt ao proval if modified in accordance with the sta ff recommendation (i.e. to include provisions for providing an yD1 and commununi tv t rail segment in Plannina Area 23 and to include D rovi sions in Plannina Area 33 o f the Master Plan reauiring that six Dublic pa rki nq s Dac e s will be D reserved in DerDetuitv for coastal visitors to access t he North Shore Trail located ad. iacent to Batiauitos Laaoon and a sianaae D roaram
will be implemented to notifv visitors of acces s omortunities at t he North
Shore Trai 1 seament within PA 331. amendments. staff is recommending am roval . as submitted. of the SeaDointe
rezoni na. aoD roval. as sub mitted. o f the child ca re ordinance. a nd denial. as
submitted. for the ImDlementation portions of the Aviara amendments and approval of the same if modified as recommended in the sta ff report. Sta ff is also recommendina that the Commission apo rove a t ime extension for one element
gf the sub mi tted amendment. that being the Aviara Lot 308 open sDace tradeoff SomDri sed in LCPA #96-13 (see seDa rate sta ff memo).
aDointe land use p lan amendment: denial. as submitted. for the Aviara land
Reaardina the ImDlementation Plan
The apD ropri ate resolutions and motions may be found on Pacles 4-7.
suaaes ted modifications beg in on Paae 8 .
beain on Page 9 a nd findinas for certification of the imolementation Dlan amendment bea _in on Paae 18.
The The land use Dlan amendment findinas
SUMMARY OF AMENDMENT REOUEST
As identified above, this LCP amendment package includes four different pieces, involving both land use plan and implementation plan revisions.
- Carls I LCPA 1-97A Page 2
Regarding the Aviara amendments, the Mello I and Mello I1 segments are
proposed for amendment through revisions to the Aviara Master Plan. was submi tted concurrent wi th a spec1 fi c development proposal , i ncl udi ng 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) 23 and 33 of the Aviara Master Plan. The proposed LUP/IP amendment to PA 23 (LCPA #96-02) a1 lows a land use/product change from Neighborhood Commerci a1
to Residential Medium Density. In addition, new PA 33 (Azure Cove, LCPA
#96-131, approximately 40 acres and previously approved by the Coastal Commission for 72 single family units, is proposed to be annexed to the existing Aviara master plan. No other changes to coastal zone goals, policies or objectives are proposed in the Aviara amendments.
The LCP
This constitutes both an LUP and IP amendment.
Regarding the Mello I1 LCP amendments, the Seapointe LCP amendment (LCPA #96-11) requests both a land use redesignation from Office to Travel Recreation/Commercial and a zoning redesignation from Office to Commercial-Tourist on a vacant .5 acre parcel at the northeast corner of Surfside Lane and Island Way in Carlsbad. goals, policies or objectives are proposed in the Mello I1 amendment. No other changes to coastal zone
The fourth amendment request (LCPA #97-03) seeks to add Chapter 21.83 to the Carlsbad Municipal Code and amend various sections of the zoning ordinance to address the provision of small and large family day care homes as well as
child day care centers throughout the City. No other changes to coastal zone
goals, policies or objectives are proposed in the implementation plan
amendment.
BACKGROUND
The Carlsbad Local Coastal Program consists of six geographic segments. Five
of the segments have certified LCPs: the Carlsbad Mello I LCP segment contains about 2,000 acres; the Carlsbad Mello I1 LCP segment includes approximately 5,300 acres; the East Batiquitos Lagoon/Hunt Properties LCP segment has about 1,000 acres; the West Batiqui tos Lagoon/Sammi s Properties segment contains 200 acres and the Village Redevelopment Area has
approximately 100 acres. The Agua Hedionda Lagoon LCP segment is'comprised of
approximately 1 * 100 acres and remains as a deferred certi f i cation area pending
submittal of an implementation program.
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. This special legislation was unique in that the Commission was directed to prepare and certify the City's LCP. Pursuant to the legislation, the LCP was adopted under prescribed time
limi ts. However, the final steps of approval ("Effective Certification") were
not taken due to work constraints and subsequent disagreements over certain pol i ci es relating to preservation of envi ronmental ly sensitive areas and
agricultural lands. That is, the City declined to adopt the Commission adopted land use plans and implementing ordinances for the LCP. However,
C. I Carl 'id LCPA 1-97A Page e
again as a result of the special legislation, the LCP was deemed "effectively certified" but not in any real terms since the City was not administering it. In the intervening years, the four remaining LCP segments were created but, again, absent any effective certification. Thus, the Coastal Commission continued to issue coastal development permits based on the certified LCP.
In 1996, necessary actions were taken to finalize both City adoption of its
LCP and complete the administrative steps necessary to assume permit
authority. As a result of the effective certification review, the Commission concurred with the Executive Director's determination at the October, 1996 hearing, that the City would be assuming coastal development permit authority for the Mello I, Mello 11, Nest Batiquitos Lagoon/Sammis Properties and East Batiquitos LagoonIHunt Properties LCP segments. On October 21, 1996, the City began issuing coastal development permits for these segments. i ssui ng coastal development permits for the Vi 1 lage Redevelopment Area since its certification in 1988. The City has decided not to seek permit authority
for one other LCP segment, the Agua Hedionda Lagoon Specific Plan area, as it is presently being considered for a land use plan update.
It has been
ADD I TI ON AL INFORMATION
Further information on the City of Carlsbad LCP Amendment #1-97 may be obtained from Bill Ponder, Coastal Planner, at (619) 521-8036.
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PART I. OVERVIEW
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A. 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 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 imp1 ementi ng actions, as we1 1 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.
B. 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
fol 1 owi ng resol uti ons and fi ndi ngs .
resolution and a staff recommendation are provided just prior to each resol uti on.
The appropri ate motion to i ntroduce the
A. RESOLU TION I (Resolution to approve certification of the City of Carlsbad Land Use Plan Amendment 1-97A (LCPA #96-11), as submitted)
MITION I
I move that the Commission certify the Seapointe land use plan amendment,
as submi tted.
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
. Carl'-'.td LCPA 1-97A Page 3
Resolution I
The Commission hereby certifies the amendment to the City of Carlsbad's Local Coastal Program and adoots t he findinas state d below on the grounds that the land use plan, as amended, meets the requirements of and is in conformity 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 meets the requirements of Section 21080.5(d)(2)(i 1 of the California Environmental Quality Act, as there would be no feasible mitigation measures or feasible alternatives which would substantially lessen significant adverse impacts on the environment.
B. RESOLUTION I1 (Resolution to deny certification of portions of the City of Carlsbad Land Use Plan Amendment 1-97A (LCPA #96-02/LCPA #96-13: Aviara Planning Area 33). as submitted)
WTION I1
I move that the Commission certify the land use plan amendments for Aviara Planning Areas 23 and 33, as submitted.
uaff Recommendation
Staff recommends a l& vote and the adoption of the following resolution and findings. An affirmative vote by a majority of the appointed Commissioners is needed to pass the motion.
Resolution I1
The Commission hereby denies the amendment to the City of Carlsbad's Local Coastal Program and pdoDts t he findinas stated be low on the grounds that the land use plan, as amended, does not meet the requirements of and is not in conformity 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 3062%~); and certification of the land use plan amendment does not meet the requirements of Section 21080.5(d)(2)(i 1 of the California Environmental Quality Act, as there would be feasible mi tigation measures or feasible a1 ternatives which would substantially lessen significant adverse impacts on the environment.
Car?--lid LCPA 1-97A Page o
C. RESOLUTION I11 (Resolution to approve certification of portions of the
City of Carlsbad Land Use Plan Amendment 1-97A (LCPA
#96-02/LCPA #96-13: Aviara PA 33, if modified)
MOTION I1 I
I move that the Commission certify the land use plan amendments for Aviara Planning Areas 23 and 33, if modified.
Staf f Recommendat ion
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 111
The Commission hereby jertifies the amendment to the City of Carlsbad's
on the grounds that the land use plan, as amended, meets the requirements
of and is in conformity 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 meets the requirements of Section 21080.5(d)(2)(i) of the California Environmental Quality Act, as there would be no feasible mitigation measures or feasible a1 ternatives which would substantially lessen significant adverse impacts on the environment.
Local Coastal Program, if modified, and hdoDts t he findinas stated be 1 ow
D. RESOLU TION I V (Resolution to approve the City of Carlsbad Implementation Plan Amendment 1-97A (LCPA #96-ll/LCPA #97-031, as submi tted 1
MOTION I V
I move that the Commission reject the Seapointe rezoning and Chapter 21.83, as submitted.
Staff Recommendat i on
Staff recommends a r?n vote and the adoption of the following resolution and findings. present is needed to pass the motion. An affirmative vote by a majority of the Commissioners
CarT-3d LCPA 1-97A Page ,
Resolution IV
The Commission hereby sertifies 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 feasi bl e a1 ternati ves or feasi bl e mi ti gation measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment.
E. RESOLUTION V (Resolution to reject portions of the City of Carlsbad Implementation Plan Amendment 1-97A (LCPA #96-02/LCPA #96-13: Aviara PA 331, as submitted)
I move that the Commission reject the implementation plan amendments for Aviara Planning Areas 23 and 33, as submitted.
Staff Recommendat ion
Staff recommends a yEs vote and the adoption of the following resolution and findings. An affirmative vote by a majority of the Commissioners present is needed to pass the motion.
Resol ut ion V
The Commission hereby denies the amendment to the City of Carlsbad's Local Coastal Program on the grounds that the amendment is inadequate to carry out the provisions of the certified land use plan. There are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment.
F. RESOLUTION VI (Resolution to approve portions of the City of Carlsbad Implementation Plan Amendment 1-97A (LCPA #96-02/LCPA
#96-13: Aviara PA 331, if modified)
I move that the Commission approve the implementation plan amendments for Aviara Planning Areas 23 and 33, if modified.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution
and findings.
present is needed to pass the motion. An affirmative vote by a majority of the Commissioners
Resolution VI
The Commission hereby certifies the amendment to the City of Carlsbad's
Car? id LCPA 1-97A
Page tj
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 a1 ternatives or feasible mi ti gat ion measures available which would substantially lessen any significant adverse impacts which the approval would have on the environment.
PART 111. SUGGES TED MODIFICATIONS (The following are the suggested revisions for this amendment request. be deleted is ttdddCd/ddt. Language to be added is underlined; language to
land Use Plan/ImDl ementation Plan Revisions.
1. section entitled "Trails", shall be added to read as follows: On page 162 of the Aviara Master Plan, under Planning Area 23, a new
1.
2.
3.
Jrai 1 s
A Dortion of the communitv trail linking Alga Road a nd Poinsettia Lane is located a lona the easte rly edae o f the site. Co nstruction of this trail
shall be a co ndition of develoDment of this plannina area. Revision tQ the trail alianment in this seg ment may occu r. in consultation with the State DeDartment of Fish and Game and the U.S. Fish and Wildlife Service,
to e xtend sout h to a co nnection wi th A1 aa Road and avoid environmental 1 y sensitive habitat a reas.
On page 194a of the Aviara Master Plan, under Planning Area 33, the
following language shall be added to the existing section entitled
"Parking", to read as follows:
Parki nq
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code. in DerDetu itv at t he pub lic pa rkina lot located near the sout her1 y
terminus of Brocatto Lane.
A minimum six (6) Dub lic Da rkina spaces s hall be o rovi ded
On page 194c of the Aviara Master Plan, under Planning Area 33, the following language shall be added to the existing section entitled "Entry Treatment", to read as fol lows:
Entrv Treatment
A neighborhood entry with monument sign shall be located at the intersection of Gabbiano Lane with Batiquitos Drive, and at the entrance
to the northerly segment of the Planning Area at Anatra Court with Batiquitos Drive. at the westerly entry to this Planning Area, along both sides of Batiquitos Drive. imlemented which demonstrates a full Droaram for Drovidina directional , parkina lot a nd trailhead s ians for that DO rtion of the North Shore Trail
that is on Plannina Area 33.
A primary community entry with signage shall be located
A DUblic access t rail siclnaae imDrovement Dlan shall be
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PART IV. FINDINGS FOR APPROVAL OF THE SEAPOINTE LAND USE PLAN AMENDMENT. AS SU6MITTED
A. AMENDMENT DESCRIPTION/SEAPOINTE RESORT EXPANSION
This amendment would change the land use designation in the certified Mello I1 LCP plan area from Office to Travel Recreation/Commercial and the zoning designation from Office to Commercial-Tourist on a vacant .5 acre parcel at the northeast corner of Surfside Lane and Island Way in Carlsbad. The site is vacant and has been used in the past for agricultural production. Access to the site is directly off Carlsbad Boulevard (Old Highway 1011, which is a major arterial serving inter-regional traffic and providing coastal access.
LCPA #2-94(A) approved the land use redesignation of a 2.35 acre portion of a 8.02 acre site from Office (0) to Travel Services Commercial (TS) and approved its rezoning from Office (0) to Commerical Tourist (CT). This LUP designation change was proposed to accommodate the development of the overall site with a 78-unit timeshare resort. The timeshare was built and is now operating. The current amendment would allow for the expansion of the Seapointe timeshare resort by 17 units.
B. GO 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 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:
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) 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 imp1 ement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
Car-jad LCPA I-97~ Pagt. IO
C. CHAPTER 3 CO NS I STENCY
1. Visi tor Uses /Pub1 i c RecreationIPriori 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. Section 30221 provides for the protection of oceanfront land sui table 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-serving commercial recreational facilities 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.
Regarding the Seapointe amendment, the site was analyzed by the City within a larger study, Seapointe Carlsbad, in 1986 to determine appropriate land uses for a 340 acre area.
Residential Medium High (RMH) with an alternative of Office (0).
The Office land use was selected because of the site's proximity to the Encina
Wastewater Treatment Faci li 1 ty.
considered more appropriate than residential because daytime odor impacts from
the treatment plant are less and an office is used primarily in the daytime. Also, because of exceptional view opportunities, the location was considered
to be prime for view offices.
Plan Amendment, extensive work has been done on the wastewater plant to inhibit release of odors into the surrounding area.
The study recommended that the site be designated as
The "Office" land use designation was
Since the adoption of the Seapointe General
The study included a discussion of the site as a visitor or recreation oriented location. The study stated that, because the site is located away from the Palomar Airport Road and Poinsettia Lane freeway intersections, it is less competitive as vi si tor or recreation-serving property. However, the view was noted as desirable for office or residential uses.
As noted, LCPA #2-94(A) approved the land use redesignation of a 2.35 acre portion of a 8.02 acre site from Office (0) to Travel Services Commercial (TS) and approved its rezoning from Office (0) to Commerical Tourist (CT). This LUP designation change was proposed to accommodate the development of the overall site with a 78-unit timeshare resort. The timeshare was built and is now operating. Seapointe timeshare resort by 17 units. The current amendment would allow for the expansion of the
In LCPA #2-94(A), the Commission found that a1 though the proposed land use
change would result in increases in water and sewer use over that anticipated
to occur under the office designation, those incremental increases were not anticipated to have any significant, adverse impacts on coastal resources. On the positive side, the Commission found the proposed use is a higher priority, vi si tor-serving use under the Coastal Act and anticipated traffic generation
would be less with the proposed use.
Section 30222 of the Coastal Act provides that the use of private lands
Carls-I LCPA 1-97A Page I
sui table for visitor-serving commercial recreational faci li ties designed to enhance pub1 i c opportunities for coastal recreation shall have priority over private residential, general industrial or general commercial development, but not over agriculture or coastal-dependent industry. The project site is situated in a location that would attract visitor-serving use. Although not located between the first public road and the sea, the site is adjacent to a popular desti nation point , the Carl sbad State Beach , a campground operated by the State Department of Parks and Recreation. blufftop camping sites and public beach below. off Carlsbad Boulevard (Old Highway 1011, which is a major arterial serving i nter-regional traffic and providing coastal access opportunities.
The amendment proposes a change in land use from a general commercial use, office, to a vi si tor-serving commercial use, travel recreation/commercial . The existing office use designation of the site is a much lower priority land use. under the Coastal Act than the proposed vi si tor-serving commercial designation. Therefore, as before and for the same reasons, the Commission finds the proposed redesignation can be found consistent with Section 30222 of the Coastal Act.
This campground features Access to the site is directly
2. 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 compati bl e with the character of surrounding areas, and , where feasible, to restore and enhance visual quality in visually degraded areas. . . .
Permitted development
Section 30251 of the Coastal Act provides that new development must be sited and designed to protect and preserve scenic resources. Regarding the Seapoint site, the site is located on the inland side of Carlsbad Boulevard as part of an inland bluff system. Because of the site's elevation above the roadway and the adjacent Carlsbad State Beach, any development at this location would be seen from a number of scenic areas and features, including the state park, Carlsbad Boulevard, the beach and distant views east of 1-5. The Commission approved the timeshare project with a landscaping condition designed to minimize the bulk and scale of the timeshare project from Old Highway 101 (Carl sbad Boulevard) .
Mello I1 LUP Policy 8-1 provides that a Scenic Preservation Overlay Zone will be applied to new development to assure the maintenance of existing views and panoramas and that bui 1 ding sites should undergo review to determi ne if proposed development wi 11 obstruct views or otherwise damage the visual beauty of the area. appropriate height limitations and see-through construction, as we1 1 as minimize any a1 terations to topography.
The policy notes the Planning Commission should enforce
The City will be reviewing a specific project design against this policy when it considers a coastal development permit for the development of the site.
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Page 12
The .5 acre site is located adjacent to the main site.
the City the flexibility to minimize the visual impact of that project, if warranted, through a possible project redesign.
from 1-5, the City may be interested in requiring landscaping to minimize the project's visual impact from 1-5. Based on these existing LCP provisions, the
Commission finds the land use change can be found consistent with Section
30251 of the Coastal Act.
The policy provides
Because the site is visible
3. Envi ronmental 1 v Se nsi tive Habitat Areas. Section 30240 states:
(a) Environmental ly sensitive habitat areas shall be protected
against any significant disruption of habitat values, and only uses
dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive
habitat areas and parks and recreation areas shall be sited and designed
to prevent impacts which would significantly degrade those areas, and
shall be compatible with the continuance of those habitat and recreation
areas.
Regarding the Seapointe amendment, LCPA #2-94(A) approved the land use
redesignation of a 2.35 acre portion of a 8.02 acre site from Office (0) to
Travel Services Commercial (TS) and approved its rezoning from Office (0) to
Commerical Tourist (CT). This LUP designation change was proposed to
accommodate the development of the overall site with a 78-unit timeshare
resort. The timeshare resort was built and is now operating.
amendment would allow for the expansion of the Seapointe timeshare resort by 17 units.
The subject
The .5 acre developable portion of the property is vacant and has been used in the past for agricultural production. There are no coastal resources on this portion of the site. designated as open space in the LCP, and contains floodway and associated wetland vegetation of Canyon De Las Encinas Creek. The Mello I1 LUP contains a number of policies to protect such sensitive areas from adverse impacts associated with new development. runoff into habitat areas and establish a 100 foot buffer between new development and i denti fi ed resources.
the impacts of future development on this site will be determined in a future
City action on a permit application for that project. development, the applicable policies of the certified LCP would remain in effect, including the policies concerning the provision of suitable buffers around wetland areas, floodplain development restrictions, development on steep slopes, protection against visual impacts of new development, etc.
Based on these assurances, the Commission finds the land use change can be found consistent with Section 30240 of the Coastal Act.
The remainder of the 5.67 acre site is undevelopable,
These policies provide for the control of
Whi 1 e no resouces exist om the site,
As with any
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Page 13
PART V. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD LAND USE PLAN AMENDMENT 1-97A. AS SUBMITTED--AVIARA PLANNING AREAS 23 AND 33
A. AMENDMENT DESCRIPTION
1. Aviara Plannina Area 73
The proposed amendment to Planning Area (PA) 23 allows a land use/product change from Neighborhood Commercial to Residential Medium Density and proposes development standards for the new multi-family product type. presently zoned Planned Community (P-C) and designated Neighborhood Commercial
(N) in the Mello I LCP. The site is located within the Mello I segment of the
LCP north of Aviara Parkway (Alga Road). Partially developed with the Aviara
Information Center, PA 23 is mostly a vacant, previously graded area. Adjacent to the graded pad is a SDG&E easement that contains the master plan
PA 23 is
the recreational vehicle storage area and natural open space. To the north o site are Zone 20 agricultural properties and to the east are natural open space areas. West of the site is a small open space area and PA 16, a townhome condominium development and to the south is PA 12, a clustered s family condominium development. ngl e
2. Aviara Plannina Area 33 /Azure Cove
The amendment adds new PA 33 to be annexed to the Aviara Master Plan. The site is approximately 41 acres and was previously approved by the Coastal
Commission for 72 single family units in a development known as Brocatto.
Since the Azure Cove development is directly adjacent to the Aviara Master P1 an and shares simi lar open space types and maintenance responsi bi 1 i ti es, the
common lands of Azure Cove (17.85 acres of coastal sage scrub and the Batiqui tos Lagoon wetlands buffer) were annexed by the Aviara Master Homeowner's Association in 1996. development permit (CDP #6-90-311, Brocatto) for the project that is currently being built on the site by Brookfield Carlsbad. the development with thi s amendment.
The Commission approved a coastal
No changes are proposed to
B. : F RMAN WIT 1. F TH A TAL A T
The Commission finds, pursuant to Section 30512.2b of the Coasts1 Act, that
the land use plan amendments are inconsistent 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, as cited above.
C. CHAPTFR 3 CO N FLICTS
1. Public Access /Pub1 ic Recreation/Priori tv U ses
Section 30210 of the Coastal Act provides that maximum access 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. Section 30223 further
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Page ,4
provides that upland areas necessary to support coastal recreational opportuni ti es shall be reserved.
Relative to PA 23, the Aviara Phase I11 master subdivision design, which includes PA 23, includes two major community trails, available to the general public, as well as those residents of the Aviara community, that provide a segment of north/south pedestrian access from the community park and Poinsettia Lane located at the north end of Phase I11 to Aviara Parkway and ultimately the North Shore Trail of Batiquitos Lagoon. The North Shore Trail
is an important visitor destination point for hikers, bicyclists and bird-watchers. The Commission has found both the upland community trai 1 s and
the North Shore Trail are necessary public access and recreation components of
the Aviara Master Plan. In its approval of the Aviara Master Plan, the
Commission found the trail system was necessary to find master plan
development consistent with the public access and recreation requirements of
the Coastal Act by providing the upland linkages to the lagoon.
The master plan identifies that one of the community trails in Phase I11 traverses the eastern section of PA 23, continuing southward from PA 22. LCPA #1-94(B), the Commission approved a suggested modification regarding this
trail. The modification stated that construction of the trail shall be a condition of development of this planning area and that any revision to the
trail alignment in this segment may only occur in consultation with the
Department of Fish and Game and the U.S. Fish and Wildlife Service.
In
The community trail proposed to traverse PA 23 has been omitted from the master plan text language. language regarding the change of land use from Neighborhood Commercial to Residential, the City inadvertently deleted the reference to the trai 1 within PA 23. As before, the Commission finds the deletion of any community trail segment is unacceptable; therefore, the amendment must be denied as it cannot be found consistent with the applicable Coastal Act sections.
That is, in its updating of the master plan
Turning to PA 33/Azure Cove, the master plan identifies that new PA 33 incorporates a pedestrian nature trai 1 , the North Shore Trail, which shall be
located along the north shore of Batiquitos Lagoon consistent with the
Carlsbad LCP. Both PAS 1 and 28, the other planning areas that contain a
portion of the North Shore Trail, have similar master plan language. The
Mello I1 LCP provides that an offer to dedicate land for public recreation
use, in favor of the City of Carlsbad or State Coastal Conservancy and irrevocable for a term of 21 years, shall be required as a condition of
development. The required land dedication shall be of a size adequate to
accommodate public use facilities including some picnic tables and public parking, and shall include a public access trail parallel to the lagoon shore of at least 15 feet in width with unobstructed views to the lagoon. An offer
to dedicate a public access easement was required by the City of Carlsbad for
the segment of the North Shore Trail on the Azure Cove site. The trail has been constructed.
The master plan also recognizes a public parking lot that was approved by the
Commi ssion for users of the North Shore Trai 1. Six public spaces were
/- Carl-d LCPA 1-97A
Page
approved near the southerly terminus of Brocatto Lane (now Gabbiano Lane). While the master plan recognizes the public parking lot, it does not specify
the number of parking spaces that were approved for the public. Commission finds that the master plan must provide specific notice that six public parking spaces must be reserved for public use to be found consistent
with the public access provisions of the Coastal Act. Additionally, while these spaces would be made available to the public, there is no signage proposed that would direct the public to the parking spaces and ultimately the North Shore Trail. The Commission finds a public trail signage improvement plan is necessary to notify the public of coastal access opportunities. Without the assurances of the sign plan and the reservation of a specific number of parking spaces to be reserved for public use, the Commission finds that the proposed amendment request cannot be found consistent with the recreation and visitor-serving policies of the Coastal Act and must be denied.
The
Also, in regards to public access and recreation, because the Azure Cove site is located between the first public road and the sea, the Commission must find
that it can be found consistent with the public access and recreation policies of the Coastal Act. One of the concerns regarding public access is the trend
that new development in these locations often times propose locked-gate communities to increase the marketability of the project. communities only let lot owners and guests onto the private streets of the community; the general public is not allowed to enter the development. The concern is that coastal visitors may not be able to access the North Shore Trail on the Azure Cove site if the subdivision is allowed as a gated
community. As noted, six public parking spaces are being reserved solely for
the purpose of providing public access/parking opportunities for the North
Shore Trail on the Azure Cove site.
neighborhood entry with monument sign at two locations and a primary community
entry with signage located at the westerly entry to the planning area, along
both sides of Batiquitos Drive. According to the City of Carlsbad, this entry
treatment is not that of a locked-gate community and the subdivision streets would have to be made private (they are currently public) for the project to receive local approval for a gated community. The Commission notes that such a proposal would also have to separately obtain a local coastal program amendment and Commission endorsement.
These gated
The Azure Cove project proposes a
PART VI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD LAND USE PLAN AMENDMENT 1-97A. IF MODIFIED--AVIARA PLANNING AREAS 23 AND 33
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that
the City of Carlsbad Land Use Plan amendment, as set forth in the resolution for certification with suggested modifications, 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, as previously cited.
A. Plannina Area 23KhaDter 3 Co nsi s tency
Sections 30210 and 30223 provide for mazimizing public access and recreation
r Carl?-l LCPA 1-97A Page
opportunities for the public. As noted, in LCPA #1-94(8), the Commission
approved a suggested modification regarding the community trai 1 located along the easterly edge of the PA 23 site. The modification stated that construction of this trail shall be a condition of development of this planning area and that any revision to the trail alignment in this segment may only occur in consultation with the Department of Fish and Game and United States Fish and Wildlife Service.
The community trail proposed to traverse PA #23 has been omitted from the master plan text language. language regarding the change of land use from Neighborhood Commercial to Residential , the City inadvertently deleted the reference to the trai 1 wi thin PA 23. As before, the Commission finds the deletion of any community trail segment is unacceptable. Therefore, the attached suggested modification provides for the inclusion of the trail and specifies that any revisions to trail alignments in Planning Area 23 must occur in consultation with the resource agencies so that the 1 east envi ronmental ly-damagi ng a1 i gnment can be determined. Thus, the Commi ssion finds that the proposed amendment request, as modified, can be found consistent with the public access and recreation policies of the Coastal Act.
That is, in its updating of the master plan
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.
Section 30250 of the Coastal Act provides that new development be concentrated
in existing developed areas containing adequate services to accommodate it.
In reviewing the proposed LUP designation change for this site, the Commission notes the relatively limited issues associated with such a change. Commission has previously certified the land use designation of the site for neighborhood commercial development and, through that action, has clearly anticipated that intense development of the site would occur.
The
In its analysis, the City found that, when applying applicable design and development standards (height, setback and lot coverage standards), physical buildout of the site with either a commercial use or residential use could
result in a site plan featuring structures with a similar height and mass.
The City found the area of development would remain the same, whether the site
i s developed as a residenti a1 or commerci a1 project, therefore the surrounding environmental ly sensitive resources would remain undisturbed.
benchmarks for comparison included Average Daily Traffic (ADTI, Equivalent
Dwelling Units (EDU) for the purpose of estimating sewer capacity and Gallons
Per Day (GPD) for estimating water needs.
generated by a 120,000 sq.ft. commercial use while only 1,136 ADT would be
generated by 142 dwelling units.
potenti a1 traffi c-related impacts to roadways and intersections.
Other
Regarding ADT, 8,400 ADT would be
The effect of fewer trips would reduce
-. .. Carlsl- LCPA 1-97A
Page 11
The City's review of sewer and water capacity indicated that residential use would create a greater contribution to sewers and require a greater daily
supply of water than a commercial use (EDU and GPD of a 142 unit residential project is 142 and 31,240 while EDU and GPD of 120,000 sq. ft. commercial use
project is 86 and 18,920). The City found that although slight increases in water and sewer demands are anticipated, existing capacities in those areas
are adequate to serve the project and the project would not be
growth-inducing.
amendment is consistent with Section 30250(a) of the Coastal Act.
The Commission concurs and finds that the subject LUP
The existing master plan regulations for PA 23 call for a maximum of 120,000
sq. ft . of neighborhood commercial uses. The amendment would accommodate the
development of the site with a 147 unit residential project. The commercial
site was originally placed in the master plan to reserve land uses in case
commercial development was needed in the future. These commercial uses were
i denti fi ed to i ncl ude conveni ence retai 1 , barber and beauty shops,
professional offices and/or financial institutions. The P-C zone and the
Aviara Master Plan call for a balanced mix of uses, and neighborhood
commercial opportunities were chosen to fulfill that provision within Aviara.
Since the original approval of the Aviara Master Plan in 1988, nearby
commerci a1 opportunities have grown with the expansion of the Poinsettia Village commercial center at Poinsettia Lane, west of Interstate 5, and the construction of the Plaza Paseo shopping center at Aviara Parkway and El Camino Real (both containing over 145,000 sq.ft. of retail space). Additional ly, there are undeveloped or redeveloping commercially designated properties at the southwest corner of Poinsettia Lane and 1-5 and the northeast corner of El Camino Real and La Costa Avenue. After conducting a recent marketing study that analyzed the commercial trade areas for
neighborhood centers at bui ldout of the southwest quadrant of the city, Aviara determined that the site was not economically viable for commercial uses due
to the proximity of these commercial centers to the Aviara Master Plan; hence,
the current land use change request.
The policies of the Mello I LUP emphasize topics such as preservation of agriculture and scenic resources, protection of environmentally sensitive resources, provision of shoreline access and prevention of geologic instability and erosion. There are no agricultural activities or; prime agricultural lands within PA 23.
same, whether the site is developed as a proposed 147 unit residential project or as a 120,000 sq-ft. commercial project, therefore the surrounding environmenal ly sensitive resources would remain undisturbed. Commission can find the proposed land use change for PA 23 is consistent with Sections 30240 and 30251 of the Coastal Act.
The area of development would remain the
Thus, the
B. Plannina Area 33 /ChaDter 3 Co nsi stency
Again, Section 30210 of the Coastal Act provides that public access and
recreation opportuni ties be maximi zed. a public parking lot that was approved by the Commission for users of the North Shore Trai 1. Six public spaces were approved near the southerly
The Aviara master plan a1 so recognizes
Car' id LCPA 1-97A Page 18
terminus of Brocatto Lane. While the master plan recognizes the public parking lot, it does not specify the number of parking spaces that were approved for the public. Additionally, while public parking spaces are provided, no signage alerting the public of this access and recreation opportunity is proposed. The Commission finds that the master plan must provide specific notice that six public parking spaces must be reserved for public use in perpetuity and that public access signage is provided to direct the public to such amenities in order to be found consistent with the public access and recreation policies of Sections 30210 and 30212 of the Coastal Act.
Relative to coastal resources, as noted, the Commission has previously approved the development on the Azure Cove site in CDP #6-90-311, Brocatto. The Commission's approval was for a 72 unit, single family subdivision covering approximately 23.10 net acres, surrounded by an additional 17.85 acres of open space (i .e. , coastal sage scrub and the Batiqui tos Lagoon
wetlands buffer), located immediately upland to the north shore of Batiquitos
Lagoon between Aviara and 1-5, directly west of Aviara PAS 29 and 30. With
regards to preserving and protecting on-si te coastal resources, the Ci ty has written the master plan text language consistent with the Commission's permit approval. The Master Plan text and graphic shows that the appropriate open space areas have been identified as approved by the Commission (i.e., steep slopes on the western and eastern edges and a portion of the north-central
segment of the planning area). Also, the master plan identifies a minimum 100 foot setback from the lagoon wetlands shall be maintained for all structures. The master plan further identifies that the eucalyptus grove in the
southwesterly portion of the site shall be preserved, and residential units shall be constructed with earthtone colors. The Commission finds the
amendment can be found consistent with Section 30240 of the Coastal Act and
coastal resources wi 1 1 be preserved.
Regarding vi sua1 resource concerns, the master plan identifies that the
eucalyptus grove in the southwesterly portion of the site shall be preserved, and residential units shall be constructed with earthtone colors to minimize
the impacts of residential development. The Commission thus finds the
amendment can be found consistent with Section 30251 of the Coastal.
PART VII. FINDINGS FOR APPROVAL OF PORTIONS OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT 1-97A AS SUBMITTED--SEAPOINTE
REZONING/CHILD CARE FACILITIES
A. AMENDMENT DESC RI PTION
1. SEAPOINTE REZONING
Regarding the Seapoi nte amendment, the City of Carl sbad LCP Imp1 ementation
Program (IP) principally takes the form of the City's Zoning Code.
proposed IP amendment has been submitted in the form of an ordinance which
would change the zoning of the Seapointe property from 0 (Office) to Commercial-Tourist (C-TI. proposed.
The
No other changes to the implementation program are
Carl-3d LCPA 1-97A Page ,9
B. FINDINGS FOR CERTIFICATION
a) Puroose a nd Intent o f the Ordinance. zoning amendment is to allow a zone change from Office to Commercial-Tourist on a 0.5 acre parcel with frontage on the landward side of Carlsbad Boulevard (designated as the first coastal road) in Carlsbad.
The purpose and intent of the
b) Major Provisions of the Ordinance. The City's ordinance provides for the change of zoning of the identified parcel from 0 (Office) to C-T (Commercial-Tour1 st). The C-T zone permits development which a1 lows for hotel s * motel s, restaurants and commercial recreation faci 1 i ti es principal ly. This would allow development of the site with commercial recreational uses. Motels, hotels, and restaurant uses would be permitted by right and timeshares would be permitted as a conditional use.
c> Adeawv o f Ordinance to Imp lement the Ce rtified LU P. The standard of
The City's review for LCP impl ementation submittal s or amendments i s their consi stency with and ability to carry out the provisions of the certified LUP. Zoning Code serves, in part, as the Implementation Program for the Mello I1 segment of the LCP. C-T is a toning designation that implements the Travel Recreation/Commercial land use designation. Therefore, since the proposed rezoning would impl ement the LUP redesignation approved above, the Commission finds that the subject amendment to the Implementation Program is consistent with and adequate to carry out the policies of the certified LUP.
2. CHILD CARE FACILITIES ORDINANCE
Regardi ng the chi 1 d care center amendment * the amendment modi fi es the City' s zoni ng ordi nance ci ty-wi de and i s appl i cab1 e outside of the Redevelopment Area. Consequently it will involve the Mello I, Mello 11, Agua Hedionda, East Batiqui tos/Hunt and West Batiqui tos/Sammis segments of the Carl sbad LCP.
B. FINDINGS FOR CERTI FICATION
a) PurDose a nd Intent of the Ordinance. The purpose and intent of the zoning amendment is to add Chapter 21.83 to the Carlsbad Municipal Code and amend various sections to the toning ordinance to address the provision of small and large family day care homes as well as child day care centers throughout the City.
b) &i.ior Provisions of the 0 rdinance. Chapter 21.83 addresses revisions to chi Id care regulations as fol lows:
1. Updates current regulations with regard to small and large family day care homes to provide consistency with State Law;
2. Provi des development standards for chi 1 d care day care faci 1 i ti es ;
3. Allows child day care centers in certain zones as a permitted use and other zones as a permitted use approved by administrative permit;
/- Car+”?ad LCPA 1-97A Page LO
4.
5.
6.
C) review
Permits child day’ care centers in industrial zones as an ancillary
use with approval of a conditional use permit;
Requires new master plans to reserve a site for child day care centers; and
Amends the zoning ordinance to revise current day care requirements and presents these regulations as a new Chapter (21.83) of the zoning ordinance to create a more user-friendly document for potential child care providers.
Adeauacv o f Ordinance to ImDlement the Certified LUP. The standard of
for LCP impl ementation submittal s or amendments is the1 r consi stency
with and ability to carry out the provisions of the certified LUP. case of the subject LCP amendment, the City’s Zoning Code serves as the
Implementation Program for the various segments of the LCP. family day care homes and child day care centers are permitted in a number of zones by right or subject to approval of either an administrative permit or a conditional use permit. Such uses are generally allowed in all land use categories, except those specifi cal ly reserved for vi si tor commerci a1 development. Most importantly, the day care uses will not allowed in the vi si tor-commerci a1 zone (Commercial-Touri st) where conflicts between higher priority uses such as restaurants and hotels and the day care uses would be created. Additionally, the proposed amendment is limited in its nature and will not change existing LCP regulations prohibiting or restricting development on sensitive slopes, bluff tops, wetlands or agricultural lands. It will not change any requirements for vista points or view corridors. Therefore, the Commission finds that the subject amendment to the Implementation Program is consistent with and adequate to carry out the
policies of the certified LUP.
In the-
Small and large
PART VIII. FINDINGS FOR DENIAL OF PORTIONS OF THE CITY OF CARLSBAD IMPLEMFNTATION PLAN AMENDMENT 1-97A. AS SUBMITTED--AVIARA PLANNING
AREAS 23 AND 33
1. AMENDMENT DESCRIPTION/AVIARA MASTER PLAN REVISIONS
Regarding the Aviara Master Plan amendments, the Mello I and Mello I1 LCP
segments include, in part, 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 amendments to the Implementation Program are identical to that of the LUP, as discussed above.
standards referenced above for PA 23 would also constitute IP revisions here.
In addition to those revisions for PA 33, the subject amendment would also
rezone the Azure Cove site from R-1 and OS to P-C, consistent with other Avi ara master planned properties.
The development
B. FINDINGS FOR CERTIFICATION
The standard of review for LCP impl ementation submittal s or amendments i s
Car1F-d LCPA 1-97A Page
their consistency with and ability to carry out the provisions of the certified LUP. Master Plan serves as both the LUP and Implementation Program for those portions of the Mello I and Mello I1 segments that is the subject of the Master Plan. Given that the identical document serves as both the planning and implementation documents, the Commission finds that the proposed amendments are inconsistent with the corresponding certified land use plans and must be denied, as submitted.
In the case of the subject Aviara Master Plan amendments, the
PART IX. FINDINGS FOR APPROVAL OF THE CITY 0 F CARLSBAD IMPLEMENTATION PLAN AMFNDMFNT 1-97A IF MODI FIED--AVIARA PLANNING AREAS 23 A NO 33
As revised in the suggested modifications, the proposed amendments to the
Aviara Master Plan contain 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.
the Commission finds that the subject amendments to the Implementation Program
are adequate to carry out the policies of the certified LUP, as modified.
Therefore,
PART X. 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. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP .
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, as modified, would not result in potentially significant environmental impacts
under the meaning of the California Environmental Quality Act. As discussed
above, the proposed amendments to Aviara Master Plan PAS 23 and 33 are not expected to have any adverse land use or resource impacts given the attached suggested modifications. Therefore, the Commission finds that no significant, unmi ti gab1 e envi ronmental impacts under the meaning of CEQA wi 11 result from
the approval of the proposed amendment.
(1 938A)
I33 NORTH AV r A IZ A
-
Carlsbad Municipal Code is amended by the amendment of Subsection
21.34.030(4) to read as follows:
(4) Child Day Care Centers, subject to the provisions of Chapter
27.83.
RMHP SECTION XVIII: That Tile 21, Chapter 21.37, Section 21.37.020 is
amended by the addition of Subsection 21.37.020(7) and (8) to read as follows:
"(7')
(8) Chapter 21.83. "
Small Family Day Cam Homes
Large Family Day Cam Homes, subject to the provisions of
PC SECTIONXIX: That Tie 21, Chapter 21.38, is amended by the
amendment of Section 21.38.020 of the Carlsbad Municipal Code to read as
follows:
21.38.020 Penniffed uses and stnrclm.
'In the P-C, planned community zone, the permitted uses and structures
shall be established by a master plan of development approved in accordance
with this Chapter which may include any use found to be necessary and desirable
for a comrnunrty planned in accordance with the purposes of this Chapter,
provided that such permitted uses and structures shall be consistent with the
general plan and applicable specific plans. Any such master plan which
includes a residential-component shall include graphic plans and texi to
mwwe a site within the master plan ana for a Child Day Care Center of
reasonable size for a period of five years from the date of issuance of the
fimt building pennit Prior to approval of a master plan, the property may be
used as permitted by Chapter 21.07 for the E-A exclusive agriculture zone. After
approval of a master plan, such agricultural uses may be continued if the master
plan so provides."
Parking SECTION XX: That Tile 21 , Chapter 21.44, Section 21.44.050 of the
Carlsbad Municipal Code is amended by the addition of Subsection
Child Care Redline
21.44.050(a)(4)(E) to read as follows:
Page 7
IEXHIBIT NO. I
Definitions
is amended by amendments to Sections 21.04.086, 21.04.140, 21.04.146, and
21.04.147 and the additions of new Sections 21.04.170, and 21.04.149 to read as
4
follows:
21.04.086 Child Day Care Center.
'Child Day Care Center" means , other than a
family daycare home
which provides non-medical care, protection and supervision is
pfewded for children .under 18 years of age for periods of
less than 24 hours per day Child day care center" includes preschools,
nursery schools, employer-sponsored day cam facilities and before and after-
school recreational programs, but does not include public or private
elementary schools.
a facility,
'
21.04.140 Educational Institution or School.
A. Educational institution or school means an
institution of learning for minors, whether public or private, which offers
instruction in those courses of study mquired by the California €ducation
Code or which is maintained pursuant to standards set by the State Board of
Education. This definition includes a nursery school, kindergaaen,
elementary school, junior high school, senior high school or any special
institution of education, but it does not include a vocational or professional
' institution of higher education, including a community or junior college,
college, or university.
27.O4.746 @Family Day Care Home.
&"Family
Day Care Home" means a single family dwelling which regulariy provides
non-medical care, protection, and supervision of 14 or fewer children, in the
provider's own home, for periods of less than 2# hours per day, while the
parents or guardians am away. The actual number of children permitted in w
Family Day Care Home is based on age composition as determined by the
State of California, Department of Social Services. Family Day Care Homes
include Large or Small Family Day Cam Homes.
Child Care Redline Page 1 !
21.04.747 "Large Family Day Cam Home" means a detached, single family dwelling which provides family day care for 7 to 14 children, inclusive, including children under the age of 10 years who neside at the home as defined in Section 1596.78
of the California Health and Safety Code and permitted by the licensing agency.
Family Day Care Home, Lege.
21.04.148 "Small Famliy Day Care Home" means a detached, single family dwelling which provides family day cam for eight or fewer children, including children under the age of 70 years Wfro reside at fhe home as defined in Section 9596.78
of the California Health and Safety Code and pemined by the licensing agency.
Famiry Day Care Home, Small.
21.04.149 "Employer-sponsored Child Day Care Center" means any Child Day Care Center at the employer's she of business and Opetated directly or through a provider confract by any penon or entity having one or more employees, and available exclusively for the care of that employer, and of the officers, managers, and emproyees of the employer.
21.04.770 Dimcfor.
Employer-sponsored Child Day Care Center.
'Director" means the Director of Planning unless otherwise specified.
EA SECTION 11: That Title 21, Chapter 21.07, Section 21.07.020 of the
C,arlsbad Municipal Code is amended by the additions of Subsections
21.07.020( 15) and (1 6) to read as follows:
'(75) Small Family Day Care Homes;
(16) Large Family Day Care Homes, subject to the provisions of Chapter 27.83. "
RA SECTION ill: That Title 21, Chapter 21.08 of the Carlsbad Municipal Code
is amended by the additions of Subsections 21.08.010 (1 1) and 12) to read as
follows:
u(l 7) Small Family Day Care Homes;
(72) Large Family Day Care Homes, subject to the provisions of Chapter 27.83. I'
Child Care Redline 5&
Page 2
c
SECTION IV: That Title 21, Chapter 21.09 of the Carlsbad Municipal Code
is amended by the addition of Subsections 21.09.020(8) and (9) to read as
follows:
'(8)
'(9) Chapter 21.83.''
Small Family Day Care Homes:
large Family Day Care Homes, subject to the provisions of
R-1 SECTION V: That Tile 21, Chapter 21.10, of the Carlsbad Municipal Code
is amended by the amendment of Subsections 21.10.010 (1 1) and (12) to read as
f 0 I Io ws :
.. '(11) Small Family Day Care Homes: fl
(12) Large Family Day Care Homes, subject to the provisions of
Chapter 21.38.N
R -3 SECTION VI: That Tile 21, Chapter 21.16, is amended by the
addition of Subsection 21.16.010(9) and (10) and Section 21.16.018 to read as
follows:
"(9)
(70) Chapter 27.83. ''
Small Family Day Care Homes
Large Family Day Care Homes, subject to the provisions of
' 27.16.018 Child Day Care Centers by administrative permit
Child Day Care Centers may be permitted by administrative permif
subject to fhe provisions of Chapter 27.83. "
RP SECTION VII: That Title 21, Chapter 21.18 is amended by the addition
of Section 21.18.043 to read as follows:
"27.78.W Child Day Care Centers permitted by administrafive permit.
Child Day Care Centers may be permiaed by administrative
pennit, subject ta the pmvisions of Chapter 27.83. "
A.
R- T SECTION VIII: That Title 21, Chapter 21.20, Section 21.20.010 is
amended by the addition of Subsection 21.20.010(6) and (7) to read as follow:
"(6) Small Family Day Care Homes
Zhild Care Redline Page 4
-
(7)
Chapter 27.83. . Large Family Day care Homes, subject to the provisions of
Carlsbad Municipal Code is amended by the addition of Subsection 21 .21.040(3)
to read as follows:
“(3) Child Day Care Centers, subject to the provisions of Chapter
21.83. ”
RW SECTION X: That Title 21, Chapter 21.22, Section 21.22.010 IS
amended by the addition of Subsection 21.22.010(6) and (7) to read as follows:
“(6)
(7’) Chapter 21.83.’’
Small Family Day Cam Homes
Large Family Day Care Homes, subject to fhe provisions of
RDM SECTION XI: That Tile 21, Chapter 21.24, of the Carlsbad Municipal
Code is amended by the repeal of Subsection 21.24.020(5) and the addition of
Subsections 21.24.01 O(7) and (8) and 21.24.027 to read as follows:
“21.24.070
‘(7)
(8) Chapter 27.83. n
Small Family Day Care Homes. Large Family Day Care Homes, subject to the provisions of
“21.24.027 Child Day Care Centers by administrative permit
Child Day Care Centers may be permitted by administrative
permit, subject to the provisions of Chapter 21.83.
A.
c- 1 SECTION XII: That Title 21, Chapter 21.26, Section 21.26.010 of the
Carlsbad Municipal Code is amended by the addition of Subsection 21.26.01 O(31)
to read as follows:
“(37) Child Day Care Centers, subject to the provisions of Chapter
27.83. ”
Child Care Redline 3-9 Page 5
A. ,-
SECTION X111: That Title 21, Chapter 21.27 of the Carlsbad Municipal
Code is amended by the addition of Section 21 27.021 to read as follows:
“21.27.021 Child Day Care Centers by adminisfrafive permit.
subject to the provisions of Chapter 21.83. I’
Child Day Care Centers may be permdted by administrative permit,
0 SECTION XIV: That Title 21, Chapter 21.27 of the Carlsbad Municipal
Code is amended by the addition of Section 21.27.021 and the amendment of
Section 21.27.040 to read as follows:
“21.27.021 Child Day Care Centers by administrative pennit.
Child Day Care Centers may be pemitted by administrative permii,
subject to the provisions of Chapter 27-83. Application for administrative
pennit shall demonstrate site design compatibility with surrounding
development ’’
“2 1.27.040 Site Development plan required.
Approval of a site development plan processed according to the provisions
of Chapter 21.06 shall be required for any development in the 0 zone except
Child Day Care Centers.”
CM SECTION XV: That Title 21, Chapter 21.30.,. is amended by the addition
of Section 21.30.01 1 to read as follows:
“27.30.07 1 Uses and structures permitted by conditional use pennit.
Child Day Care Centers are permitted by conditional use pennit,
subject to the provisions of Chapters 21.50 and 21.83. ”:
’
M SECTION XVI: That Title 21.32 is amended by the amendment of
Section 21.32.010(1) to read as follows:
‘(1) Any use permitted in the C-M zone, except Child Day Care
Centers, except that a dwelling conforming to the yard requirements of the R-3
zone shall be permitted on the same lot on which a factory is located, and which
dwelling is used exclusively by a caretaker or superintendent of such factory and
his family.“
Child Care Redline Page 6
h EXHIBIT "X"
JUNE 4, 1997 -
DESCRIPTION:
This 18.3 acre planning area is located near the center of the Master Plan on
-& the north side of Alga Road. 0'
cl.; - . --- sf &?e
DEVELOPMENT STANDARDS : PD
All development in Planning Area 23 shall conform to the development standards . .. of the --=e:=: -0 -. kne -L:k c -- .. . - -- J - L, -ccr 2L.25) Planned Development Ordinance (Carlsbad Municipal Code,
Chapter 21.45.090) unless otherwise noted in this Chapter.
USE ALLOCATION:
Maximum of 142 multi-family residential units (7.7 DU/AC). --- && - =::E --.. -1
& -&--
Private recreation facilities shall be required in conjunction
vith the residential units. A 2-acre community recreation vehicle storage
f ac ili ty .
PERMITTED USES:
Recreational facilities.
SITE DEVELOPMENT STANDARDS :
Heivht :
The maximum height in this planning area is 34 35 feet as determined by .. - Section 21.04.065 of the Carlsbad Municipal Code. 0.
1 --l--- .c - .-A -b..&L*
cf &,-zrr. A minimum of 30 percent of all stmctures shall not exceed a
height of 24 feet. Where three story structures are proposed, adequate
structural relief and roofline variation shall be incorporated into the
structures to reduce the mass.
.. Setbacks;
Minimum setback along Alga Road for structures shall be 50 feet. .&I
The minimum setback from the public utility easement shall .. be 30 feet. h -. -..-...-
All -* ..Y_ -c.-- . j l?=. & . A L. I.. add+=++ -- L , *-. 9 1.
-2 - - ....-.*
+hi: ~'4e =----i-- -- I -- The minimum front yard setback
feet measured from the property line for buildings and 20 feet mea
property line for open parking or garages. A minimum building seF
20 feet shall be maintained.
159 California coastat Commission
ParlcinB :
Parking shall conform to the standards of Chapter 21.U of the Carlsbad
Municipal Code.
SPECIAL DESIGN CRITERIA:
Desim:
All community-wide design standards described in Section A of Chapter IV shall
be embodied in the architecture of this planning area. The following specific
guidelines shall also be included for this planning area:.
* The architecture of all buildings in this planning area shall be
compatible with that of the hotel.
* Outdoor courtyards, patios and plazas shall be included.
* A through public street shall be provided from Alga Road through PA
23, to the zrea north of PA 23.
* The site layout for this Planning Area shall be coordinated to
ensure compatibility with adjacent planning areas.
* Strong architectural relief features shall be incorporated into all
structures visible from Alga Road.
Fntrv Treatment L
ge-k+e& A neighborhood entry may be located along
each side of Black Rail Road.
Fenc inp-
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If required as a result of a noise study, a
noise attenuation structure, earthen bem, or combination of the tvo shall be
required along Uga Road.
submittal of a Site Development Plan.
The noise study shall be conducted prior to
161
Landscave L
~ll 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 area.
* The recreation vehicle storage facility shall be screened by a
combination of fences and landscaping on all sides of the facility.
* A fire suppression zone subject to the approval of the Planning
Director and Fire Marshal shall be established between native areas
and Structures.
structural setbacks from native areas in combination with a program
of selective thinning of native vegetation subject to the approval
of the Planning Director.
The fire suppression plan should incorporate
* All setbacks shall be heavily landscaped.
* Landscaping shall be incorporated to screen all dvelling units from
Alga Road and the golf course.
f The domlnant unifying landscape elements for this plannlng area
shall be preselected street trees, corrrmon landscape areas and slopes
planted prior to homeowner occupation.
landscapes shall vary.
Individual homeovner
* Vievs to and from the golf course and lagoon should be preserved.
hen Soace;
The manufactured slopes of this planning area shall be maintained 8s open
space by the community open space maintenance districz.
Grading;
Any development within this planning area shall comply with the City's
policies of the underlying local coastal program and subsequent coastal
permit.
require a slope analysis/biological resource map during Site Development Plan
review.
- - Hillside Development Replacions and the slope and resource-preservation- -- -
Any application for development within this planning area shall
162
33: Sj
TION: This 40.9 acre planning area is to be developed with single family detached homes. The neighborhood is located within a
north-south trending valley on the western edge of hviara,
immediately north of Batiquftos Lagoon, and west of Planning Areas 29 and 30. Batiquitos Drive bisects the northern
portion of the Planning Area
PEWmNT S-DS: R-1-7500-Q All development within Planning &ea 33 shall Conform to the
development standards of the R-1-7500 One-Family Residential
Zone described in Chapter 21.10 of the Carlsbad Municipal Code, unless otherwise stated in this chapter.
WE ALLOCATION i A maximum of 72 single-family residential units (3.1 DD/AC).
Also a public access pedestrian trail, trail parking spaces, and a permanent desiltation basin. Private recreation facilities are allowed but not required in conjunction with the residential units.
PEqKXTTED VSES: Single family residential housing. Pedestrian trails, trail
parking lot, and a pentanent desiltation basin. Private recreation facilities may be included in this planning area.
SITE DEVELOPMENT STANDARDS:
!::u:kimum height of structures in this planning area is 30 feet a8 measured to the peak of the highest roof. At least
20% of the structures in this Planning Area shall be no more
than one story, and shall not exceed a height of 22.5 feet to the roof peak.
Setbacks: The minimum setback from Gabbiano Lane shall be 20 feet for all structures. The minimum front yard setback for all units
shall be 20 feet. All side yard setbacks shall be a minimum
of 10% of the lot width, with street-side yards not less than
10 feet. Rear yards shall be a minimum of 20% of the lot width. All setbacks are as measured and in conformance with Section 21.10 of the Carlsbad Municipal Code.
PARKING i
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad Municipal Code.
SPECIAL DESIG N CRIT ERIA :
Pesiux A1 1 communi ty-wide Section A of this design standards
Master Plan shall
194a
described in Chapter IV, be embodied in the
(e California coastal Commission
(To be preserved)
Ehtry Trmmtment
Viow Orientation
Design Criteria - Planning Area 33 Exhibit V-33
94
194b
architecture of this planning area. The following specific
guidelines shall also be included for this planning area, as in Carlsbad Tract CT 89-19: approved
c
c
e
t
As shown on the Special Design Criteria exhibit for this planning area, the identified natural slopes shall be preserved and maintained as open space.
The existing eucalyptus grove in the southwesterly
portion of the planning area shall be preserved.
Strong architectural relief features shall be incorporated into all structures visible from
Gabbiano Lane.
Buildings in this neighborhood shall relate to the
sloping site, and shall avoid large, flat pad areas.
Residential units shall be constructed with earthtone colors, and detailed roof forms.
Prior to the issuance of building permits, structural elevations shall be submitted for review
and approval by the Planning Director.
Treatmenu
A neighborhood entry with monument sign shall be located at the intersection of Gabbipno Lane with Batiquitos Drive, and at the entrance to the northerly segment of the Planning Area at APatra Court and Batiquftos Drive. A primary community entry with signage shall be located at the westerly entry to this Planning Area, along both sides of Batiquitos Drive.
A noise wall shall be constructed along the southwestern edge of the development in locations as determined through a noise analysis, in order to mitigate noise impacts from 1-5.
am= :
All community-Fide 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 Area, as approved in Carlsbad Tract CT 89-19:
* Landscaping shall be incorporated to screen the . structures from 1-5, La Costa Avenue and Batiquitos Drive, to the extent feasible.
c Streetscape areas shall conform to community requirements. Street trees, landscape planting intensity zones, paving, entry monuments,
194c
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irr*gation 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 Planning Director and Fire Marshal shall be established between native/naturalized areas, and structures. The fire suppression plan shall be consistent with the approved Aviara Fire Suppression Program.
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Street Trees: The primary community entry on Batiquitos Drive shall utilize Bottle Tree (Brachychiton populneus) as a theme tree and Nichol's Willow (Eucalyptus nicholii) as a support tree. Batiquitos Drive shall be planted with Torrey Pine (Pinus torreyana) . Gabbiano Lane shall .be planted with Jacaranda (Jacaranda mimosifolia).
Open Space:
The steep slopes on the western and eastern edges, and a portion of the north-central segment of the Planning Area
shall remain in native open space. corridors shall be maintained by the Aviara community open space maintenance program. A minimum 100 foot setback from
the lagoon wetlands shall be maintained for all structures.
A permanent desiltation basin and trail-related facilities may be allowed within this wetlands setback.
Trails:
A pedestrian nature trail shall be located along the north shore of Batiquitos Lagoon consistent with the Local Coastal Program.
Gradinq: Any development within this planning area shall comply with the City's Hillside Developmnent regulations and the slope and resource presemation policies of the underlying local coastal program and subsequent coastal permit. application for development within this planning area shall require a slope analysis/biological resource map during site development plan review.
These open space
Any
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PLANNING COMMISSION RESOLUTION NO. 41 16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE IMPLEMENTING
ORDINANCE (AVIARA MASTER PLAN) AND LAND USE
PLAN OF THE CARLSBAD LOCAL COASTAL PROGRAM
TO REVISE THE PERMITTED LAND USES AND
DEVELOPMENT STANDARDS FOR AVIARA MASTER
PLAN, THEREBY BRINGING THE DESIGNATIONS ON THE
LOCAL COASTAL PROGRAM AND ZONING MAP INTO
CONFORMANCE ON PROPERTY LOCATED NORTH OF
AVIARA PARKWAY, WEST AND EAST OF BLACK RAIL
COURT IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA PLANNING AREA 23
CASE NO: LCPA 96-02
WHEREAS, California State law requires that the Local Coastal Program.
General Program, and Zoning designations for properties in the Coastal Zone be in conformance;
and
WHEREAS, Aviara Land Associates, “Developer”, has filed a verified
application for an amendment to the Local Coastal Program designations regarding property
owned by Aviara Land Associates, “Owner”, described as
A portion of Section 22,26,27,28,33, and 34 in Township 12
South, Range 4 West, in the:City of Carisbad, County of San
Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “X” dated June 4,1997, and attached to Planning
Commission Resolution No. 4114, and Exhibit “Y”, dated June 4, 1997, and attached to
Planning Commission Resolution No. 4115 and incorporated by this
Public Resources Code Section 30574 and Article 15 of Subchapter 8,’
Title 14 of the California Code of Regulations of the Califon
Administrative Regulations; and
EXHIBIT NO.
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WHEREAS. the Planning Commission did on the 4th day of June 1997, hold 2
duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review period for
any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
B) At the end of the State mandated six week review period, starting on April 23,
1997, and ending on June 2, 1997, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of LCPA 96-02 based on the following findings,
and subject to the following conditions:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all applicable
policies of the Mello I segment of the Carlsbad Local Coastal Program, in that proposed
land use changes do not adversely affect environmentally sensitive resources, prime
agricultural lands, scenic resources, public access to the Coastal Zone or geologic
stability.
That the proposed amendment to the Mello I segment of the Carlsbad Local Coastal
Program is required to maintain consistency between the Aviara Master Plan and the
implementing ordinances of the City’s Local Coastal Program.
2.
Conditions:
1. The Planning Commission does hereby RECOMMEND APPROVAL of the Local
Coastal Program Amendment for the project entitled Aviara Planning Area 23 - LCPA
96-02 (Exhibit “X” dated June 4, 1997, attached to Planning Commission Resolution
No. 4114 and Exhibit “Y” dated June 4, 1997, attached to Planning Commission
PC RES0 NO. 41 16 -2-
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Resolution No. 4115 and incorporated by this reference), subject to the conditions herein
set forth. Staff is authorized and directed to make, or require Developers to make. all
corrections and modifications to the Local Coastal Program Amendment documents as
necessary, to make them internally consistent and in conformity with final action on the
project. Development shall occur substantially as shown in the approved E'xhibits. Any
proposed development substantially different from this approval, shall require an
amendment to this approval.
2. Approval of LCPA 96-02 is granted subject to the approval of MP 177(R) end GPA 96-
02. LCPA 96-02 is subject to all conditions contained in Planning Commission
Resolutions No. 4114 and 4115 for MP 177(R) and GPA 96-02, respectively.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, heid on the 4th day of June 1997, by the following vote, to
wit:
AYES: Chairperson Nielsen, Commissioners Heineman, Monroy, Noble.
Savary and Welshons
NOES: None
ABSENT: Commissioner Cornpas
ABSTAIN: None
,/ -
ROBERT NELSEN, Chairperson
CARLSBAD PLANMNG COMMISSION
ATTEST:
MICHAEL J. HOBMIL&R
Planning Director
PC RES0 NO. 41 16 - -3-