HomeMy WebLinkAboutLCPA 96-13; Aviara Lot 308; Local Coastal Program Amendment (LCPA) (3)t
1 "1 -
STATE OF. CALIFORNIA-THE RESOURCES A< ,,Y r,- PETE WILSON, Governor --
CALlFORNlA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: CHUCK DAMM, SOUTH COAST DEPUTY DIRECTOR
December 19, 1997
DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO DISTRICT BILL PONDER, COASTAL PROGRAM ANALYST, SAN DIEGO DISTRICT
LCP (For Public Hearing and Possible Commission Action at the Meeting
of January 12-16, 1998)
SUBJECT: STAFF RECOMMENDATION ON MAJOR AMENDMENT 1-97B TO THE CITY OF CARLSBAD
SYNOPSIS
SUMMARY OF STAFF RECOMMENDATION
On July 21, 1997, the City of Carlsbad's proposed LCP Amendment #1-97 was received in the San Diego District office. as submitted, pursuant to Section 30510(b) of the Coastal Act. The amendment package contained four separate amendment requests including both land use plan and implementation plan revisions. A separate staff report addressing all of the submitted items, except for one proposal, was prepared for Commission review at the October hearings. The Commission approved those
items at the October hearing. Section 30517 of the Coastal Act and Section
13535(c) of the Regulations state that the Commission may extend for good
cause the 90 day time limit for a period not to exceed one year.
the above, the Commission also extended the 90 day time limit on the remaining item which is referred to as the Aviara Lot 308 Open Space Tradeoff and it was
subsequently identified as Carlsbad LCP Amendment No. 1-978.
The specific amendment involves a requested land use redesignation of a 1.2
acre site from Open Space to Residential on Aviara Lot 308 in Planning Area 13
and a related land use redesignation of a 14.4 acre site from Residential to
Open Space on Aviara Lot 36 in Planning Area 25 (see attached City Exhibit
"Y'l, dated May 21, 1997). The City's LCP amendment request would also modify the plan text and exhibits for Planning Area 13 to address future development on Lot 308. Under the Coastal Act, the standard of review for the land use
plan redesignation is Chapter 3; and, while there are some inconsistencies
between the original master plan adoption and subsequent subdivision permit on this site, conversion of the property from open space to residential use will not result in any significant coastal resource impacts. Therefore, staff is
recommending that the land use plan amendment first be denied, as submitted,
and then approved with suggested modifications addressing future subdivision,
height restrictions, landscape buffering and brush management regulations.
The resolutions and motions apD rovincl the amendment if modified may be found
on Paaes 3 -5. The suggeste d modifications beain on Page 7. amendment findinas bea in on Paae 6 a nd fi ndi ncls for certification of the
imDlementation plan amendment begin on Paae 13.
The submittal was deemed complete,
Pursuant to
The land use Dlan
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CarlsUdd LCPA 1-978
Page 2
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 Batiqui tos LagoonIHunt Properties LCP segment has about 1,000 acres; the West Batiquitos 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 certification area pending submittal of an imp1 ementation 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 1 imi ts. However, the final steps of approval ("Effective Certification") were
not taken due to work constraints and subsequent disagreements over certain
policies relating to preservation of environmentally sensitive areas and
agricultural lands. That is, the City declined to adopt the Commission
adopted land use plans and implementing ordinances for the LCP.
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.
However,
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 determi nation at the October, 1996
hearing, that the City would be assuming coastal development permit authority
for the Mello I, Mello 11, West Batiquitos Lagoon/Sammis Properties and East
Bati qui tos LagoonjHunt Properties LCP segments. On October 21 , 1996, the City
began issuing coastal development permits for these segments.
issuing 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
Further information on the City of Carlsbad LCP Amendment #1-978 may be obtained from Bill Ponder, Coastal Planner, at (619) 521-8036.
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.I Carl,,ad LCPA 1-978
Page 3
PART I. OVERVIEW
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:
Section 3051 2
(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 zoni ng ordi nances 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. action by a majority vote of the Commissioners present. The Commission shall take
B. 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 s tri buted to a1 1 known interested parties .
All of those local
PART 11. LOC AL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the fol low1 ng resolutions and findings.
resolution and a staff recommendation are provided just prior to each
The appropriate motion to i ntroduce the
resolution.
A. RESOLUTION I (Resolution to deny cert Land Use Plan Amendment
MOTION I
I move that the Commission certify the as LCPA 96-13, to the City of Carlsbad
submitted.
Staff Recommendation
fication of the City of Carlsbad 1-97(B), as submitted)
land use plan amendment, identified s Local Coastal Program, as
Staff recommends a and findings. An affirmative vote by the majority of the appointed Commissioners is needed to pass the motion.
vote and the adoption of the following resolution
Car,,Jad LCPA 1-978
Page 4
Resolution I
The Commission hereby denies certification of the amendment to the City of Carlsbad's Local Coastal Program and adoots t he findinas stated be low on the grounds that the land use plan amendment 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 amendent wi 11 not be consi stent with appl i cabl e deci sions of the Commission that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment does not meet the requirements of Section 21080.5(d)(Z)(i) of the California Environmental Quality Act as there would be feasible mitigation measures or feasible alternatives which would substantially lessen significant adverse impacts on the environment.
8. RESOLUTION I1 (Resolution to approve certification of the City of Carlsbad Land Use Plan Amendment 1-978, if modified)
MOTION I I
I move that the Commission certify the land use plan amendment if it is modified in conformance with the suggested policy revisions set forth in
the staff report.
Staff Recommendation
Staff recommends a YES 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 .certifies the City of Carlsbad LUP amendment, subject to the following modifications, and bdODtS t he findings stated below on the grounds that the land use plan amendment, if modified as
suggested below, will meet the requirements of and conform with the
pol i ci es of Chapter 3 (commenci ng with Section 30200) of the Cal i fornia
Coastal Act to the extent necessary to achieve the basic state goals
specified in Section 30001.5 of the Coastal Act; the Land Use Plan, as amended, will contain a specific access component as required by Section
30500 of the Coastal Act; the Land Use Plan, as amended, will be consi stent with appl i cabl e decisions of the Commi ssion that shall guide local government actions pursuant to Section 30625(c); and certification of the amended Land Use Plan 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 alternatives which would
substantially lessen significant adverse impacts on the environment.
c
*. Carl-,ad LCPA 1-976 Page 5
C. RESOLUTION I11 (Resolution to deny certification of the City of Carlsbad LCP Implementation Plan Amendment No. 1-976, as
submitted)
MOTION I1 I
I move that the Commission reject the Carlsbad LCP Implementation Plan
Amendment No. 1-966 to the City of Carlsbad LCP, as submitted.
Staff Recommendat ion
Staff recommends a YES vote and the adoption of the following resolution and findings. present is needed to pass the motion.
Resolution 111
The Commission hereby denies ce rtification of the amendment to the City
of Carlsbad's Local Coastal Program on the grounds that the amendment does not conform with, and 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 .
An affirmative vote by a majority of the Commissioners
D. RESOLUT ION LV (Resolution to approve certification of the City of
Carl sbad Implementation Plan Amendment 1-976, if
modified)
MOTION I V
I move that the Commission approve the City of Carlsbad Implementation Plan Amendment No. 1-978 to the City of Carlsbad LCP if it is modified in
accordance with the suggested modifications set forth in this staff report.
Staff Recomme ndati on
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 IV
The Commission hereby approves ce rtification of 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 feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts which the approval would have
on the environment.
Car, - Jad LCPA 1-976
Page 6
PART 111. UGGES TED MODIFICATIONS
The following are the suggested modifications for this amendment request and would be made to the Aviara Master Plan. The underlined sections represent additional language that the Commission would suggest be added, and the "crossed-out" sections represent the language which the Commission would suggest be deleted from the policy as originally submitted.
following shall be added: 1) On page 121, within Planning Area 13, under "Permitted Uses", the
Single family detached residential structures are allowed in this planning area. No subd ivision of Lot 308 is De rmi tted.
2) "Hei ght" , the fol 1 owi ng shall be added: On page 121, within Planning Area 13, under Site Development Standards
The maximum heiaht allowed on Lot 308 is 25 feet a nd not to e xceed
two sto ri es.
3) On page 123, within Planning Area 13, under Special Design Criteria "Landscape", the fol low1 ng shall be added:
Landscape screening of structures shall be incorporated to soften the view of these structures from Alga Road, Pacific Rim Drive, l& Aviara Golf Course and La Costa Avenue. ProDosed de velooment on Lot 308 s hall be co lored to b lend into the surrounding hillside and natural ope n sDace a reas. Bui 1 di nu material s shall be o f natural earthen tones. includina dew s hades o f areen. brown or arev with nQ white o r liaht shades and no briaht tones. exceDt for mi nor accents.
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 thi nni ng of native vegetation 3s indicated in the "Fire
SUPP ression Landscaue Gu idelines for Undisturbed a nd Reveaetated Native Plant Communi ties" provided t hat no portion of Zone 1 as defined in the "Guidelinestt shall encroach upon deed restricted OD en
space a reas required as Da rt of the ape roval of the Master Plan. All elements of the fire SUDD ression ulan. including the location of zone
boundaries a nd selective thinnina Droarams shall be subject to the
approval of the Planning Director. Anv deviation from the "Fire
coastal uroaram amendments.
The fire suppression plan should incorporate
SUDD ression Landscape Gu idelines shall be t he subject o f future local
Carl-3ad LCPA 1-976 Page 7
PART IV.
AMENDMENT 1-97(B). AS SUBMITTED
A. AMENDMENT DESCRIPTION
The specific amendment involves a requested land use redesignation of a 1.2 acre site from Open Space to Residential on Aviara Lot 308 in Planning Area 13 and a related land use redesignation of a 14.4 acre site from Residential to Open Space on Aviara Lot 36 in Planning Area 25 (see attached City Exhibit "Y", dated May 21, 1997). Briefly, the subject amendment principally involves a requested land use redesignation for an isolated 1.2 acre site that lies between the 4th and 5th Holes of the Aviara Golf Course and deed restricted open space areas associated with two other residential planning areas. The certified Mello I LCP and Aviara Master Plan does not recognize Lot 308 as a
residential lot within PA 13 and the amendment seeks that approval from the
Commission.
was created in the original subdivision for the Aviara community, has been considered for eventual single-fami ly development and was simply inadvertently overlooked with regard to development standards and design criteria in the master plan. The property owner was successful at the local level in advocating and receiving City approval for the requested land use change. The proposal raises substantive questions as to the appropriateness of development in this open space setting as well as potential biological and scenic resource
impacts.
Alternatively, the property owner maintains that the subject lot
Aviara's Lot 308 is an isolated, gently sloping 1.2 acre site located in the north-south trending valley containing the 4th and 5th holes of the Aviara Golf Course. development (PA 15) and the Aviara Point custom home development (PA 13) and
immediately west is the golf course.
habi tat, the slopes between Lot 308 and the surrounding development contain
native vegetation and are contained within lots deed-restricted as open space
by the Commission and now covered by City open space easements.
Uphill to the east lies the Sea Country homes multi-family
While lot 308 has remained clear of
Lot 308 was created by the original subdivision for the Aviara Master Plan (CT 85-35) which was approved by the Coastal Commission in 1987 (CDP #6-87-680). The approved grading plans also show it being graded to conform closely to the proposed contours of the fifth hole fairway of the Aviara golf course. While the subdivision and the grading plans were approved by the Commission, the
approved subdivision map did not identify a land use designation for Lot 308
(i.e., did not identify it as either a residential, open space or golf course lot). Additionally, although the subdivision map approved by the City
approved a private access easement to the site, according to a title report of
the site, the only dedicated easement to Lot 308 is a general utility and
access easement to the City. access to the site. Private access will still need to be extended to the site
in some location.
This latter easement would not permit private
According to the City of Carlsbad, during the processing of the original master plan and tentative map, Lot 308 was overlooked with regard to development standards and design criteria in the contents of the master plan
Car,-Jad LCPA 1-978 Page 8
because it existed as a separate lot, surrounded by open space (i-e., natural open space or golf course) and was isolated from the principal portions of the surrounding residential planning areas. As a result, Lot 308 was inadvertently not assigned to any particular planning area nor were the permitted uses for the lot clearly described. The Aviara Master Plan is the certified LCP document for this area within the Mello I LCP segment. existing text for PA 13 states that only ridgeline lots were permitted in this planning area. residential lot within PA 13.
space, its isolation from other residential lots, and the absence of a
specific residential designation for this lot within the master plan, led to a
redesignation of the lot to Open Space during the City's General Plan update
in 1994. This amendment changes the LCP text to include Lot 308 as part of PA
13, the custom lot subdivision within Aviara and provides for its development as a single-family residential site.
Aviara Land Associates now desires to sell the 1.2 acre lot as a developable, single family parcel. LCP, an LCP amendment is necessary to designate the parcel for single family residential uses (RLM). To compensate for the loss of 1.2 acres of Open Space, 14.4 acres of RLM designated land located northwest of PA 25 is proposed to be placed into Open Space. In addition, the master plan requires a revision to delete a descriptive statement regarding the exclusive location of PA 13 lots on the ridgetop and clarify the planning area map to clearly indicate Lot 308 as a residential lot within PA 13.
The
Thus, the certified LCP does not recognize Lot 308 as a
The fact of the lot being surrounded by open
Since the lot is now designated as Open Space in the
B. CO NFORMANCE WITH SECTION 3000 1.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that the 1and.use plan amendment, as set forth in the resolution for certification as submitted, is not 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 consi stent with sound resource conservation principles and constitutionally protected rights of
private property owners.
Car', ,ad LCPA 1-978 Page 9
d) Assure priority for coastal-dependent and coastal-related
e) Encourage state and local initiatives and cooperation in
development over other developments on the coast.
prepari ng procedures to imp1 ement coordi nated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
C. CHAPTER 3 CO NS I STENCY
1 . Environmental 1 v Se nsi tive Hab itat Areas. Section 30240 states:
(a) Environmentally 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.
The proposal involves an amendment to establish permitted land uses and
development standards to redesignate a 1.2 acre parcel (Lot 308) located adjacent to the Aviara Golf Course from Open Space (OS) to Residential Low Medium (RLM) (0-4 dwelling units per acre). The master plan requires a revision to delete a descriptive statement regarding the exclusive location of
PA 13 lots on the ridgetop and clarifies the planning area map to clearly show Lot 308 as a residential lot within PA 13. Additionally, 14.4 acres of Planning Area (PA) 25 (Lot 36) is proposed by the City for redesignation from
RLM to OS as mitigation for the loss of 1.2 acres of open space from Lot 308.
As noted, the certified LCP currently does not recognize the existence of Lot
308 as a residential lot. While the City proposes it as part of PA 13, the
master plan states that all development within PA 13 must be confined to the ridgetop. Lot 308 lies in the valley below the ridgetop home sites in PA 13. Lot 308 is not clearly in any planning area as it is sandwiched between PA 1 (golf course) and the open space for PAS 13 and 15. Also, as noted, there are no clear definitions of permitted uses, design guidelines or development standards for Lot 308. Finally, notwithstanding a note on the City's final map of the subdivision that created Lot 308 indicating the lot had private access, a title report for the parcel identifies there is no private access to the lot, only a general utility and access easement in favor of the City of Carlsbad. anticipated in the LCP. Based on the above, development of Lot 308 was not clearly
On the 'other hand, the City and property owner state Lot 308 has always been planned as a single family residential lot. Aviara cites the subdivision map approvals by both the City and the Coastal Commission and the fact that CDP #6-87-680 required that Aviara preserve an open space system, approximately 250 acres, through recordation of open space deed restrictions and that Lot 308 was not placed under such restriction. In support of its claim that Lot
Car'i ,dad LCPA 1-978 Page 10
308 was created as a residential property, Aviara states all required uti 1 i ti es have been extended to the site to accommodate a residential structure, Lot 308 was graded (access to and the building pad) in 1990 to accommodate a future residential structure at the same time that the adjacent golf course and PA 13 was graded, erosion control and temporary landscaping was completed in 1991 and property taxes have been paid on Lot 308 as a residential site since 1990.
The Commission finds that based on its approval of the subdivision and subsequent grading of the site, it has recognized the site as a residential property. However, the Commission also finds that the property can not be 1 egi timized as a residential site as proposed in the amendment. to habitat impacts, as noted, the site is surrounded by designated open space, either that designated as golf course to the west or that designated as deed-restricted for habitat values to the east. presently contains some temporary drought-resistant vegetation. While the Commission can accept the grading of the building pad that has occurred outside the deed-restricted open space in two relatively small areas on Lot 308, it cannot accept grading that has occurred to provide private access to the site.
approved a private access easement to the site, according to a title report of
the site, the only dedicated easement to Lot 308 is a general utility and
access easement to the City. This 30' food wide easement is located within
the approved open space system. corridors into approved open space only for public purposes. Private access would have to be extended to the site in another location. Thus, the utility
corridor has been inappropriately graded as private access and has destroyed
habitat that was within the corridor.
addressed as an enforcement i tem. Add! tional ly, any future legal private
access that is provided to the site will have to go through deed-restricted
open space areas and the routing of such access and mitigation of any
associated impacts will have to be reviewed as an amendment to the existing
coastal development permit or as a new coastal development permit. The
standard of review for such amendment will be the certified land use plan
pol i ci es on dual criteria slopes and environmental ly sensitive habi tat areas.
With respect
The site has been graded and
As mentioned, although the subdivision map approved by the City
The LCP allows encroachment of utility
This apparent violation will be
The Commmi ssion is a1 so concerned about future residential development at this
location because it is basically an island surrounded in open space. certified Mello I LUP states "all lands and intensity of use shall be
compatible with the protection of sensitive coastal resources." Because the site is 1.2 acres and the master plan permits lots as small as 8,000 sq.ft. in
PA 13, the potential exists for future subdivision of the site which would be
inappropriate based on its location. For these reasons, the amendment must be
deni ed.
The
The master plan text'for PA 13 also contains fire suppression guidelines that require a fuel modification zone be established around new development so that vegetation clearance will be kept to the minimum necessary for fire safety. However, the Commission has updated the fire suppression provisions within
other planning areas and phases of the Aviara development in the Aviara Master Plan to be more specific in more recent local coastal program amendments. The
Carl,,dd LCPA 1-978
Page 11
current requi rements specify that no cl earcutti ng of. sensi ti ve vegetation i s allowed within open space areas that are deed restricted as part of the
approved open space system. Applying these standards to proposed residential development of Lot 308 would mean that a setback of at least 20 feet from deed
restricted open space would have to be provided.
residential use on Lot 308 would not adversely impact natural open space
areas. However, because this current fire suppression language i s not
provided within the existing text, the Commission can not find that the
amendment can be found consistent with Section 30240 of the Coastal Act and
must be denied.
form of a suggested modification will be necessary to find the amendment
consistent with Section 30240 of the Act.
In this way, any proposed
Inclusion of the updated fire suppression language in the
The City characterizes the amendment as a proposed exchange of open space that
would result in the protection of 14.4 acres of quality native habitat through
a LCP open space designation while losing 1.2 acres of highly disturbed, gently sloping area from LCP open space. The City found the newly designated Open Space in Lot 36 is compatible with the adjacent residential uses in that it provides passive recreation through an open space trai 1 and, as with Lot
308, the boundary between the uses is subject to the provisions of the Aviara
fire suppression program.
The Commission finds there is no real exchange of open space involving Lot 36
in PA 25. Although there is no "Open Space" section within this planning area
(as is within other planning areas within the master plan) that designates Lot
36 as "Open Space", the LCP provides that the existing trees and natural
slopes in this portion of PA 25 are currently designated as "to be preserved"
and as such can be classified as being open space. Thus, the amendment effectively proposes to put into open space what is currently "open space" in the plan already. that provides upland public access through a number of planning areas ultimately to the North Shore Trail of Batiquitos Lagoon, a distance of approximately one mile. This trail was approved by the Commission in LCPA
3-95 (Aviara Trails) and that LCP amendment also recognized the area as
community open space/public recreational area. Lot 308 is not seeking a
change on any Coastal Commission deed-restricted areas so there is no need
under the certified LUP to offset open space as is proposed with Lot 36.
However, while the Commission does not agree with the City's characterization regarding Lot 36, it is for concerns relating to biological and visual impacts that the amendment must be denied and not the Lot 36 open space "exchange".
Presently, there is a community trail segment within Lot 36
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 sual ly compati bl e with the character of surrounding areas, and, where feasible, to restore and enhance vi sual qual i ty in vi sual ly degraded
areas. . . .
Permitted development
Car1,oad LCPA 1-978 Page 12
Section 30251 of the Coastal Act provides that new development must be sited and designed to protect and preserve scenic resources. isolated, gently sloping 1.2 acre site located in the north-south trending valley containing the 4th and 5th holes of the Aviara Golf Course. 308 has remained clear of habitat, the slopes between Lot 308 and the surrounding development contain native vegetation and are contained within lots covered by City open space easements.
Aviara's Lot 308 is an
While lot
Because of the site's location adjacent to the golf course, any development at this location would also be seen from trails associated with the Aviara
community trail system. Lot 308 could be seen from the above mentioned community trail from a distance at one overlook to the west. In addition, the
site will be more clearly visible for golf course users, which is recognized
as a public recreational facility. The 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 building sites
should undergo revi ew to determi ne i f proposed development wi 11 obstruct vi ews or otherwise damage the visual beauty of the area. The policy notes the Planning Commission should enforce appropriate height limitations and see-through construction, as well as minimize any alterations to topography.
The City will be reviewing a specific project design against this policy when it considers a coastal development permit for the eventual development of the site.
residential development of the site shall be restricted to a maximum building
height of 25 feet to the peak of the roof. The Commission finds this provision should be incorporated within the development standards of PA 13.
In addition, to further minimize the visual impact of new development occurring on Lot 308, the Commission finds that the development standards must be revised to reflect that proposed development will be colored to be consistent with the natural character of the surrounding hillsides and that
landscape buffering should be provided. Because those requirements are not
now in place in the master plan, the amendment must be denied as being
inconsistent with Section 30251 of the Coastal Act.
The Ci ty' s resolution for the proposed amendment i ndi cates that
PART V. \
AMENDMENT DESCRIPTION/SUMHARY FINDINGKONFORMANCE WITH SECTION 3000 1.5 OF THE COASTAL ACT
1-978. IF MODIFIED
A.
The proposed amendment is to the Aviara Master Plan, which serves as the Land Use Plan (LUP) and Implementation Plan (IP) for those portions of the Mello I,
Me1 1 o I1 and East Batiqui tos Lagoon/Hunt Properti es segments that 1 i e within
its geographic limits. Commission found that the proposed revisions to the Aviara Master Plan were
inconsistent with applicable Chapter 3 policies of the Coastal Act. The
Commi ssion found that wi thout certain, re1 ati vely mi nor revi sions to the
master plan, the LUP amendment must be denied.
In its findings of denial for LCPA 1-978,. the
Carls,,d LCPA 1-976 Page 13
In its findings, the Commission cited several modifications which would be necessary to bring the LCPA into compliance with Chapter 3 policies of the Coastal Act. These include adding provisions relating to future residential development on Lot 308 (i.e., no future subidivisions, limiting the height to
25 feet high, landscape buffering and conformance with setbacks to assure that biological resources will be preserved) so that the Commission could find the proposed amendment would have no adverse impacts to coastal resources. The Commission finds that, pursuant to Section 30512.2b of the Coastal Act, that the proposed land use plan amendment, as modified herein, is consistent with the policies and requirements of Chapter 3 of the Coastal Act to the extent
necessary to meet the basic state goals specified in Section 30001.5 of the Coastal Act.
PART VI. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD LCP IMPLEMENTATION pp BMITT D.
A. AMENDMENT DESCRIPTION
The proposed amendment is to the Aviara Master Plan, which serves as the Land
Use Plan (LUP) and Implementation Plan (IP) for those portions of the Mello I,
Mello I1 and East Batiquitos LagoonIHunt Properties segments that lie within i ts geographic 1 imi ts. As such, the proposed amendment to the Imp1 ementation Program is identical to that of the LUP, as discussed above.
6. FINDINGS FOR REJECTION
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
Mello I segment that is subject to the master plan. Given that the identical document serves as both the planning and imp1 ementation documents, the
Commission finds that the proposed amendment, as submitted, is not consistent
with the corresponding certified land use plans, as modified.
As stated, the land use plan segment of the proposed LCP amendment could not be found consistent with the policies of Chapter 3 of the Coastal Act. Only with the suggested modifications identified in this report could the LUP amendment be found consistent with the applicable policies of the Act. Since,
the implementation amendment, as submitted does not incorporate the suggested
modifications, the Commission finds that the proposed implementation plan amendment 1-978 to the City of Carlsbad Mello I segment is neither consistent with nor able to carry out the policies of the certified LUP.
PART VII. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION
PLAN AMENDMENT 1-978. AS MODIFIED
The proposed amendment to the Implementation Program, subject to the suggested
modifications detai 1 ed above, contains a 1 eve1 of detai 1 and speci fi ci ty
Car'r >oad LCPA 1-978
Page 14
corresponding to that previously approved by the Comission in its
certification of the master plan and implementation program for the subject
LCP segment. Therefore, the Commission finds that the subject amendment, as
modified, to the Implementation Program is adequate to carry out the policies
of the certified LUP.
PART VIII. CO NSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
Section 21080.5 of the Cal i forni a Envi ronmental 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 .
Section 21080.5 (d>(2)(i) of the Public Resources Code requires that the Commission not approve an LCP or LCP amendment if there are feasible a1 ternatives or mi tigation measures which would substantially lessen any significant adverse impact which the activity may have on the environment. In the case of the subject LCP amendment request, the Commission finds that
impacts to visual and biological resources are mitigated as identified herein;
thus, the Commission finds that there are no feasible alternatives and mi tigation measures which would substantially lessen significant adverse
impacts the amendment would have on the environment. The Commission further
finds that no significant, unmi tigable environmental impacts under the meaning
of CEQA will result from approval of the proposed amendment.
(1 953A)
EXHIBITNO. 1
Carlsbad LCPA 1-976
I
Location Maps
ILOCATOON MAP Lcalifomra coasta~ ComrnisJKvl
PLANNING AREA 13: SINGLE FAMILY RESIDENTIAL
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DESCRIPTION:
This 65.4' acre planning area consists of a private gated community of single
family residential homes. course to the east and west.
Rim Drive. Home sites generally are located along the central ridge line. The
remainder of the site will be reserved as open space.
The neighborhood in general is boounded by the golf
Access is provided to both Alga Road and Pacific
DEVELOPMENT STANDARDS: R-1-8
All development in Planning Area 13 shall conform to the standards of the R-1 one-family residential zone (Carlsbad Municipal Code, Chapter 21.10) unless otherwise noted in this chapter.
USE ALLOCATION:
Maximum of 72 residential units. (1.1 DU/AC)
PERMITTED USES: Single family detached residential units are allowed in this planning area.
SITE DEVELOPMENT STANDARDS:
Heicrht :
The maximum height allowed in this planning area is 30 feet to the peak of the roof. Municipal Code.
Lot size :
The minimum lot size for Planning Area 13 shall be 8,000 square feet. The minimum lot width shall be 70 feet. At least 15% of the lot area shall be
reserved for open space. This open space shall be located in the rear yard and
shall not exceed a gradient of 5%.
All heights shall be determined per section 21.04.065 of the Carlsbad
Setbacks :
The minimum front yard setback for split-level lots shall be 20 feet. All other
setbacks shall maintain a minimum 25 foot front yard setback. For units that include side loaded garages, a minimum 20 foot setback is allowed (for the
garage) as long as the section of the garage within the 25 foot setback is no greater in width than 40% of the allowed building frontage (lot width minus side yard setbacks); and that the ground floor habitable portion of the building maintain a setback a minimum of 40 feet.
allowable for side loade'd garages only. above the structure within the reduced setback area. setback shall be 10 feet.
Carlsbad Municipal Code.
This reduced front yard setback is
No living area is allowed inside or
The minimum side yard
All other setbacks shall be per Chapter 21.10 of the
Parkino :
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad'Municipal
Code.
SPECIAL DESIGN CRITERIA:
Des iqn :
All comunity-wide design standards described in Section A of Chapter IV shall be
embodied in the architecture of this planning area. The following specific guidelines s also be included for this planning_arpn-
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* Development shall only be allowed along the ridgetop of this plaa 2
except for Lot 308.
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Aviara Master Plan
FOINSETTIA
/%VIARA
lANE
EXHIBITNO. 3
Carlsbad LCPA 1-97
Aviara Master Plan
changes -
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ecaliirnia Coastal Cornmisston
EXHIBIT "Y"
MAY 21,1997
.M
PROPOSED GENERAL PLAN
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RESOLUTION NO. 975%
A RESOLUTION OF THE CITY COUNCIL OF
CARLSBAD, CALIFORNIA, APPROVING A M.
LAlllUll IYU. 7
Carlsbad LCPA 1-9%
Resolutions
mcaliiia Coastal Commission
AMENDMENT, GENERAL PLAN AMENDMENT AND
LOCAL COASTAL PROGRAM AMENDMENT FOR THE
AVIAR4 LOT 308 LAND USE CHANGE, LOCATED IN THE
SOUTHWEST QUADRANT.
CASE NAME: AVIARA LOT 308
CASE NO.: MP 177(S)/GPA 96-06LCPA 96-13
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on May 21, 1997, hold a duly noticed public hearing as prescribed by law to
consider a Master Plan Amendment, General Plan Amendment and Local Coastal Program . Amendment; and
WHEREAS, the City Council of the City of Carlsbad, on the 24‘h day of June,
1997, and the 15th day of July, 1997, held duly advertised public hearings to consider said
Master Plan Amendment, General Plan Amendment and Local Coastal Program Amendment and
at that time received recommendations, objections, protests, comments of all persons interested
in or opposed to MP 177(S)/GPA 96-06LCPA 96-13; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad as follows:
1.
2.
That the above recitations are true and correct.
That the City Council APPROVES City Council Resolution No. y?d5??and
that the findings and conditions of the Planning Commission as set forth in
Planning Commission Resolutions No. 4096,4097 and 4098 on file with the City
Clerk and made a part hereof by reference are the findings and conditions of the
City Council.
3. That an additional condition as stated at the City Council meeting be added to
read as follows:
“Development of the single family homes on Lot 308 shall be
restricted to a maximum building height of 25 feet to the peak of the roof, as
determined by section 21.04.065 of the Carlsbad Municipal Code.”
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That the application for Master Plan Amendment (MP 177(S)) to establish
permitted uses and development standards for a 1.2 acre lot in Aviara Planning
Area 13 (Lot 308) for property located south of Aviara Parkway between
Batiquitos Drive and Aviara Drive in LFMP Zone 19 is approved as shown in
Planning Commission Resolution No. 4096 on file with the City Clerk and
incorporated herein by reference.
That the General Plan Amendment (GPA 96-06) to change a 1.2 acre parcel from
Open Space to Residential Low Medium Density and to change a 14.4 acre parcel
from Residential Low Medium Density to Open Space on property located south
of Aviara Parkway between Poinsettia Lane and Black Rail Court in LFMP Zone
19 is approved as shown in Planning Commission Resolution No. 4097 on file
with the City Clerk and incorporated herein by reference.
That the Major Local Coastal Program Amendment (LCPA 96-13) to the
implementing ordinance of the Mello I, Mello I1 and East Batiquitos Lagooflunt
Properties segment (Aviara Master Plan) to revise the permitted land use on
property located south of Aviara Parkway between Batiquitos Drive and Aviara
Drive in LFMP Zone 19 is approved as shown in Planning Commission
Resolution No. 4098 on file with the City Clerk and incorporated herein by
reference.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15th day of July, 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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ORDINANCE NO. n5 4#/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING THE AVIARA
MASTER PLAN AMENDMENT RELATIVE TO LOT 308 IN
PLANNING AREA 13 ON PROPERTY GENERALLY
LOCATED IN THE SOUTHWEST QUADRANT OF THE CITY
IN LOCAL FACILITIES MANAGEMENT ZONE 19.
CASE NAME: AVIARA LOT 308
CASE NO.: MP 1776)
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council of the City of Carlsbad, California has reviewed
and considered a Master Plan Amendment for future development of the site; and
WHEREAS, the Aviara Master Plan was adopted by City Council Ordinance No.
9839 on December 22, 1987 and constitutes the zoning for the subject property; and
WHEREAS, the Aviara Master Plan has been amended a total of sixteen times
since original adoption, most recently for MP 177(Q) through City Council Ordinance NS-366
on July 16, 1996; and
WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said plan amendment be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That the Aviara Master Plan Mp 177 as amended to date is further
mended by the Master Plan Amendment relative to Aviara Lot 308 in Planning Area 13, MP
177(S), dated May 2 1, 1997, attached herein and incorporated by reference herein, is approved.
The Master Plan Amendment shall constitute the zoning for this property and all development of
the property shall conform to the plan.
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SECTION 11: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 4096 shall aIso constitute the findings and conditions of
the City Council.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after adoption. Not withstanding the preceding, this ordinance shall not be effective
until approved by the California Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of 1997, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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RESOLUTION NO. 97-5!!
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MASTER PLAN
AMENDMENT, GENERAL PLAN AMENDMENT, LOCAL
COASTAL PROGRAM AMENDMENT AND ZONE CHANGE
FOR AVIARA LOT 308 AND THE AZURE COVE
ANNEXATION, ALL LOCATED IN THE SOUTHWEST
QUADRANT.
CASE NAME: AVIARA LOT 308/AZURE COVE
ANNEXATION
CASE NO.: MP 177(S)/GPA 96-06/LCPA 96- 13/ZC 97-03
WHEREAS, pursuant to the provisions of the Municipal Code, the Planning
Commission did, on May 21, 1997, hold a duly noticed public hearing as prescribed by law to
consider a Master Plan Amendment, General Plan Amendment, Local Coastal Program
Amendment and Zone Change; and
WHEREAS, the City Council of the City of Carlsbad, on the day of
7 'i/dfle , 1997, held a duly advertised public hearing to consider said Master Plan
Amendment, General Plan Amendment, Local Coastal Program Amendment and Zone Change
and at that time received recommendations, objections, protests, comments of all persons
interested in or opposed to MP 177(S)/GPA 96-06/LCPA 96-13/ZC 97-03; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Carlsbad as follows:
1.
2.
That the above recitations are true and correct.
That the City Council APPROVES City Council Resolution No. 47-fl6, and
that the findings and conditions of the Planning Commission as set forth in
Planning Commission Resolutions No. 4096, 4097, 4098 and 41 17 on file With
the City Clerk and made a part hereof by reference are the findings and conditions
of the City Council.
3. That the application for Master Plan Amendment (MP 177(S)) to establish
permitted uses and development standards for a 1.2 acre lot in Aviara Planning
Area 13 (Lot 308) and annex Azure Cove as a new Aviara Planning Area for
property located south of Aviara Parkway between Batiquitos Drive and Aviara
Drive in LFMP Zone 19 is approved as shown in Planning Commissilon
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Resolution No. 4096 on file with the City Clerk and incorporated herein by
reference. .
That the General Plan Amendment (GPA 96-06) to change a 1.2 acre parcel from
Open Space to Residential Low Medium Density and to change a 14.4 acre parcel
fiom Residential Low Medium Density to Open Space on property located south
of Aviara Parkway between Poinsettia Lane and Black Rail Court in LFMP Zone
19 is approved as shown in Planning Commission Resolution No. 4097 on file
with the City Clerk and incorporated herein by reference.
That the Major Local Coastal Program Amendment (LCPA 96-13) to the
implementing ordinance of the Mello I, Mello I1 and East Batiquitos LagoodHunt
Properties segment (Aviara Master Plan) to revise the permitted land uses and
expand the boundary of the Aviara Master Plan on property located south of
Aviara Parkway between Batiquitos Drive and Aviara Drive in LFMP Zone 19 is
approved as shown in Planning Commission Resolution No. 4098 on file with the
City Clerk and incorporated herein by reference.
That the Zone Change (ZC 97-03) to change the zoning of the Azure Cove
development fiom Single Family Residential (R-1-7,500-Q) and Open Space (0-
S) to Planned Community (P-C) on property located south of Aviara Parkway
between Batiquitos Drive and Aviara Drive in LFMP Zone 19 is approved as
shown in Planning Commission Resolution No. 41 17 on file with the City Clerk
and incorporated herein by reference.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
T
~arlsbad on the2Cay of JJMC 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
~ ALETHA L. RAUTEM(RANZ, City Clerk
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ORDINANCE NO. fl5 +/ &-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING THE AVIARA
MASTER PLAN AMENDMENT RELATIVE TO LOT 308 IN
PLANNING AREA 13 AND THE ANNEXATION OF AZURE
COVE ON PROPERTY GENERALLY LOCATED IN THE
SOUTHWEST QUADRANT OF THE CITY IN LOCAL
FACILITIES MANAGEMENT ZONE 19.
CASENAME: AVIAR4 LOT 308/AZURE COVE
CASE NO.: MP 1776)
ANNEXATION
The City Council of the City of Carlsbad, California, does ordain as follows:
WHEREAS, the City Council of the City of Carlsbad, California has reviewed I
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and considered a Master Plan Amendment for future development of the site; and
WHEREAS, the Aviara Master Plan was adopted by City Council Ordinance No. '
9839 on December 22, 1987 and constitutes the zoning for the subject property; and
WHEREAS, the Aviara Master Plan has been amended a total of sixteen times
since original adoption, most recently for Mp 177(Q) through City Council Ordinance NS-366
on July 16, 1996; and
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WHEREAS, after procedures in accordance with requirements of law, the City
Council has determined that the public interest indicates that said plan amendment be approved.
NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as
follows:
SECTION I: That the Aviara Master Plan MP 177 as amended to date is Mer
amended by the Master Plan Amendment relative to Aviara Lot 308 in Planning Area 13 and the
annexation of the Azure Cove development, MP 177(S), dated May 21, 1997, attached herein
and incorporated by reference herein, is approved. The Master Plan Amendment shall constitute
the zoning for this property and all development of the property shall conform to the plan.
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SECTION 11: That the findings and conditions of the Planning Commission in
Planning Commission Resolution No. 4096 shall also constitute the findings and conditions of I / the City Council. I I I I EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be I
published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen days after adoption. Not withstanding the preceding, this ordinance shall not be effective
until approved by the California Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
1997, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Council on the 84ayof G~G
Carlsbad on the 24ay of odil e 1997, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
‘L
CLAUDE A. LEES, Mayor
ATTEST:
ALETHA L. RAUTENWNZ, City Clerk
(SEAL)
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UP No.
I c
304
GOLF COURSE LOT
m -L! 80' ?SO'
0' l\
40'
kPAPnlC SCAG ?=M'
.I ,. r
t
October 30, 1997
Dear Mr. Ponder,
This letter is regarding lot 308 in Aviara, and the contemplated change in the zoning of
said property. We would like to state that we are opposed to any change.
A zoning change will not affect us personally, but will affect several of our neighbors.
They purchased their properties with the understanding that nothing was to be built on lot
308, - and they paid for that unobstructed view. To change it would be most unfair!
Please vote NO on any chanse in zoning.
Sincerely,
Paul A.Robbins
Margdret A.Robbins
7050 Rockrose Terrace
Carlsbad, California 92009
EXHIBITNO. 6
Carlsbad LCPA 1-9: F Letter of Oppositior
I iEcalifornia Coastal Cornmiss;
- Dr. Jerry Olivas and Carole Bloop~
7067 Rockrose Terrace
Carlsbad, CA 92009-3955
E-mail: cbloom@adnc. com
Phone: 760/434-4345 work or 760/93 1-5920 home
November 3, 1997
CALIFORNIA
SAN DIEGO COAST DISTRICT COASfAl COMMISSION
California Coastal Commission
San Diego Coast Area
3 1 1 1 Camino del Rio North
Room 200
San Diego, CA 92108-1725
Dear California Coastal Commission:
Attention: Bill Ponder/Carlsbad LCP Amendment 1-97B
I am writing this letter to strongly urge you not to approve the change of zoning for Lot 308 from
open space to a buildable land site. Ifthis site is approved as a building site it will destroy a very
large portion of open space land, basically taking away fiom the natural beauty of the immediate
area. Furthermore, by allowing building at this location will place a structure right up against a
golf course which will stand out from everything else. In essence, building at this site takes away
more open space and, quite simply, doesn’t fit, not to mention the impact on wild life in the area,
which is slowly but surely disappearing. The massive amount of development in Aviara is quickly
strangling the natural beauty of the area. Please don’t allow any more destruction of open space
and wild life!
Residents of Aviara
/j o I EXHIBITNO. 7 i
Letter of Opposition
I =California Coastal Commission I
7047 Rockrose Terr.
Carbbad, CA 92009
October 23,1997
Dear Neighbor,
EXHIBITNO. 8
Carlsbad LCPA 1-976
Letter of Opposition
iE~aiiiomia Coastal Commission
The California Coastal Commission has not yet given its approval to the change of
zoning for Lot 308 from open space to a buildable land site. Their staff was not able to
complete its recommendation report in time for the commission meeting in October.
As of today, it will not be on the November schedule but possibly December's.
There still is time to make a difference. Your comments, in writing, to the commission,
will provide the staff with evidence of public opposition to the change. Without those
comments, the commission may be persuaded that you are not concerned or that you
are really in favor of the change.
The address to write to: California Coastal Commission
San Diego Coast Area
31 I I Camino Del Rio North
Room 200
San Diego, CA 92108-1725
Attention: Bill Ponder/Carlsbad LCP Amendement 1-978
Please write. Whether you object on general principles or have specific reasons to
believe this change should not be allowed, you must speak up now.
Yours truly,
.
State of California
MEMORANDUM
Cal i f orn i a Coas ta 1 Commi s s i on San Diego District
TO : Commissioners and Interested Parties DATE: September 18, 1997
FROM: San Diego District Staff
SUBJECT: Request to Waive Time Limits for Carlshad LCP Amendment 1-97B for Coastal Commission Meeting of October 7 -- -10i-4997
On July 21, 1997, the City of Carlsbad's proposed LCP Amendment #1-97 was received in the San Diego District office. The submittal was deemed complete, as submitted, pursuant to Section 30510(b) of the Coastal Act. The amendment package contains four separate amendment requests i ncl udi ng both 1 and use pl an and implementation plan revisions. A separate staff report addressing all of
the submitted items, except for one proposal, is prepared for Commission review at the October hearings.
The one item for which a staff report and recommendation has not been prepared
is referred to as the Aviara Lot 308 Open Space Tradeoff. It is one element
of the City's amendment package forwarded under its LCPA #96-13. The specific
amendment involves a requested land use redesignation of a 1.2 acre site from Open Space to Residential on Aviara Lot 308 in Planning Area 1 and a related land use redesignation of a 14.4 acre site from Residential to Open Space on Aviara Lot 36 in Planning Area 25 (see attached Exhibit "Y", dated May 21, 1997). Pursuant to Section 30512 of the Coastal Act, a land use plan amendment must be acted on by the Commission within 90 days of complete
submittal. In order to be heard within the allotted time period, the
amendment request would have to be agendized for Commission hearing at the
schedul ed October 1997 hearings .
Section 30517 of the Coastal Act and Section 13535(c) of the Regulations
state, however, that the Commission may extend for good cause the 90 day time limit for a period not to exceed one year.
this extension due to insufficient staff time to adequately review this one i tem and prepare a recommendation. Briefly, the subject amendment principally
involves a requested land use redesignation for an isolated 1.2 acre site that lies between the 4th and 5th Holes of the Aviara Golf Course and deed restricted open space areas associated with two other residential planning
areas. Given that the site is surrounded by open space, isolated from other residential development and it was not specifically identified for development in the Aviara Master Plan, the City designated the lot for Open Space in its 1994 General P1 an Update. A1 ternatively, the property owner maintains that the subject lot was created in the original subdivision for the Aviara community, has been considered for eventual single-fami ly development and was
simply inadvertently overlooked with regard to development standards and
design criteria in the master plan. The property owner was successful at the
Commission staff is :requesting
”
Memo to Commissioners/Carlsbad LCPA 1-978
September 18, 1997
Page 2
local level in advocating and receiving City approval for the requested land use change. The proposal raises significant questions as to the appropriateness of development in this open space setting as well as potential biological and scenic resource impacts. To date, staff has been unable to independently research and verify the material facts relative to the origination and status of this lot in the Coastal Commission’s previous actions on Aviara. This is largely due to the sheer volume of material compri sed in the original 1988 approval s and several material amendments over the years. It would be premature to try and prepare a staff report and recommendation on this portion of the amendment request until the file
research can be completed. Commission staff is committed to rescheduling the item for the November 1997 hearings in Agoura Hills, provided the Commission
grants the waiver of the applicable time limits.
STAFF RECOMMENDATION:
time limit for a period not to exceed one year.
that the amendment request will be scheduled for the November 4 - 7, 1997 hearings in Agoura Hills.
Staff recommends that the Commission extend the 90 day However, it is anticipated
(1941A)
rXHltrl L '. Y '
MAY 21,1997
r,m= SCLLE PROPOSED GENERRL PLAN
AVIARA