HomeMy WebLinkAboutLCPA 97-10; Brindisi; Local Coastal Program Amendment (LCPA) (6)STATE OF WFORNIA - TME REIOURCES AGENCY GRAY MWS. Oonmor
ALIFORNIA COASTAL COMMISSION
AN DIEGO ARM
111 CAMINO DEL RIO NORTH, SVm 200
AN DIEGO, CA 82108-1721
S19J 121-8036
May 20,1999
TO:
FROM:
COMMISSIONERS AND INTERESTED PERSONS
DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERUYN SARB, DISTRICT MANAGER, SAN DIEGO AREA OFFICE
BILL PONDER COASTAL PROGRAM ANALYST, SAN DIEGO AREA
OFFICE
SUBJECT:STAFF RECOMMENDATION ON CITY OF CARLSBAD MELLO I AND
MELLO 11 SEGMENTS MAJOR AMENDMENT NO. 1-99 (For Public
Hearing and Possible Commission Action at the Meeting of June 8-11,1999)
SYNOPSIS
SUMMARY OF AMENDMENT REQUEST
The subject amendment request revises the certified Mello I and Mello I1 (LCP)
segments. The request changes 1) the land use and zoning designations on seven
properties from “Residential” to “Open Space” (Mello 11); 2) rezones a 36.7 acre parcel
(Lohf) from Limited Control (L-C) to One-Family Residential (R-1-7,500-Q) (Mello 11);
and 3) changes the Aviara Master Plan in Planning Area 19 to reduce the maximum
number of dwelling units from 109 to 90 and revise some development standards and
design criteria (Mello I).
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the proposed amendment as submitted and approval if
modified as suggested in this report. The proposed changes to the Aviara Master Plan
(Mello I) could result in adverse impacts to coastal resources and public access as
submitted. The attached suggested modifications, requiring the adoption of more specific
brush management measures to ensure that sensitive vegetation would be minimally
impacted for fire safety, and language assuring that a coastal trail would be constructed in
Planning Area 19, would bring the amendment into conformance with Coastal Act and LCP policies. The Lohfrezone is also inconsistent with the certified Mello I1 LUP in that
the proposed R-1-7500 zone could allow a greater density on the site than the certified
Residential Low Medium (RLM 0-4 ddac) land use designation would allow. A
suggested modification is attached which requires a zoning qualifier requiring that no
more than 4 dwelling units per acre be allowed on the site. The open space redesignations
can be found consistent with the certified Mello I1 LCP as submitted.
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CARLSBAD LC 1-99
Page 2
The appropriate resolutions and motions begin on page 3. The Suggested Modifications
begin on page 8. The findings for approval of the Land Use Plan Amendments begin on
page 8. The findings for approval of the Implementation Plan Amendments begin on
page 14.
BACKGROUND
The City's certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSammis Properties and East Batiquitos
LagoodHunt Properties. 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. The Village
Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 2 1 , 1997, the City assumed
permit jurisdiction and has been issuing coastal development permits for all of its
segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as
a deferred certification area until an implementation plan is certified. The subject
amendment request affects both the Mello I and Mello I1 segments of the LCP.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Bill Ponder at the San Diego
Area Office of the Coastal Commission at 3 1 1 1 Camino Del Rio North, Suite 200,
San Diego, CA 92108, (619) 521-8036.
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CARLSBAD LCP, -99
Page 3
PART I. OVERVIEW
A. STANDARDOFREVIEW
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 certifj. an LUP or
LUP amendment if it fmds that it meets the requirements of Chapter 3 of the Coastal Act.
Specifically, it states:
Section 30512
(c) The Commission shall certify a land use plan, or any amendments thereto,
if it hds 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 certifL shall require a
majority vote of the appointed membership of the Commission.
Pursuant to Section 305 13 of the Coastal Act, the Commission may only reject zoning
ordinances or other implementing actions, as well as their amendments, on the grounds
that they do not conform with, or are inadequate to carry out, the provisions of the
certified land use plan. The Commission shall take action by a majority vote of the
Commissioners present.
B. PUBLIC PARTICIPATION
The City has held both Planning Commission and City Council hearings with regard to
the subject amendment request. Each of these local hearings were duly noticed to the
public. Notice of the subject amendment has been distributed to all known interested
parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolution and fmdings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad
Mello I1 LCP Land Use Plan Amendment #1-99 [Open
Space Redesignations], as submitted)
MOTION I
I move that the Commission certify the Mello I1 Land Use Plan Amendment # 1 -
99, as submitted.
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CARLSBAD LC i 1-99
Page 4
Staff Recommendation
Staff recommends a - YES vote and adoption of the following resolution and
findings. An aflkmative vote by a majority of the appointed Commissioners is
needed to pass the motion.
Resolution I
The Commission hereby certifies the amendment request to the MeIio II Land Use
Plan, as submitted, and adopts the hdings stated below on the grounds that the
amendment will meet the requirements of and conform with the policies of
Chapter 3 (commencing with Section 30200) of the California Coastal Act to the
extent necessary to achieve the basic stak goals specified in Section 30001.5 of
the Coastal Act; the land use plan, as amended, will contain a specific public
access component; the land use plan, as amended, will be consistent with
applicable decisions of the Commission that shall guide local government actions
pursuant to Section 30625(c); and certification of the land use plan amendment
does meet the requirements of Section 21 OSOS(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.
B. RESOLUTION I1 (Resolution to approve certification of the City of
Carlsbad Mello I LCP Land Use Plan Amendment #1-
99 [Aviara Master Plan], as submitted)
MOTION I1
I move that the Commission certify the Mello I Land Use Plan Amendmen t#l-
99, as submitted.
Staff Recommendation
Staff recommends a - NO vote and 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 request to the Mello I Land Use
Plans, as submitted, and adopts the findings stated below on the grounds that the
amendment will not meet the requirements of and conform with the policies of
Chapter 3 (commencing with Section 30200) of the California Coastal Act to the
extent necessary to achieve the basic state goals specified in Section 30001.5 of
the Coastal Act; the land use plan, as amended, will not be consistent with
applicable decisions of the Commission that shall guide local govement actions
,- - CARLSBAD LCPA 99
Page 5
pursuant to Section 30625(c); and certification of the land use plan amendment
does not meet the requirements of Section 2108OS(d)(2)(i) of the California
Environmental Quality Act; as there would be feasible measures or feasible
altematives which would substantially lessen significant adverse impacts on the
environment.
C. RESOLUTION 111 (Resolution to approve certification of the City of
Carlsbad Mello I LCP Land Use Plan Amendment #1-
99 [Aviara Master Plan], if modified)
MOTION 111
I move that the Commission certify the Mello I Land Use Plan Amendmen t## 1 -
99, if modified.
Staff Recommendation
Staff recommends a YES - vote and adoption of the following resolution and
findings. An affirmative vote by a majority of the appointed Commissioners is
needed to pass the motion.
Resolution III
The Commission hereby approves the amendment request to the Mello I Land
Use Plans, as modified, and adopts the findings stated below on the grounds that
the amendment will meet the requirements of and conform with the policies of
Chapter 3 (commencing with Section 30200) of the California Coastal Act to the
extent necessary to achieve the basic state goals specified in Section 30001.5 of
the Coastal Act; the land use plan, as amended, will 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 will meet the
requirements of Section 21 08OS(d)(2)(i) of the California Environmental Quality
Act; as there would be no feasible measures or feasible altematives which would
substantially lessen significant adverse impacts on the environment.
D. RESOLUTION IV (Resolution to approve certification of Mello I1
Implementation Plan Amendment #1-99 (Open Space Rezones), as
submitted)
MOTION IV
I move that the Commission approve the City of Carlsbad Implementation Plan Mello I1
Amendment 1-99 as submitted.
CAFUSBAD LC. -1-99
Page 6
Staff Recommendation
StafT 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.
Resolution IV
The Commission hereby approves certification of the Mello I1 implementation 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.
E. RESOLUTION V (Resolution to deny ceMication of the City of Carlsbad Mello I
Implementation Plan Amendment 1-99tAviara Master Plan],], as
submitted)
MOTION V
I move that the Commission reject the City of Carlsbad's Implementation Plan Amendment
1-99, affecting the Mello I segment, as submitted.
Staff Recommendation
StafT 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.
Resolution V
The Commission hereby denies certification of the implementation plan amendment to the
City of Carlsbad's Local Coastal Program on the grounds that the amendment does not
conform with, and is not adequate 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 certification of City of Carlsbad Mello I
Implementation Plan Amendment #1-99 [Aviara Master Plan], if
modified)
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CARLSBAD LCP. .-99
Page 7
MOTION VI
I move that the Commission approve the City of Carlsbad Mello I Implementation Plan
Amendment 1-99 if it is modified in conformance with the suggestions set forth in this 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 Commissioners present is needed to pass the motion.
Resolution VI
The Commission hereby approves certification of the implementation amendment, as
approved with suggested modifications, to the City of Carlsbad's Local Coastal Program on
the grounds that the amendment does codom with, and is adequate to carry out, the
provisions of the certified land use plan. There am no feasible alternatives or feasible
mitigation measures available which would substantially lessen any significant adverse
impacts, which the approval would have on the environment.
G. RESOLUTION Vn. (Resolution to approve certification of the City of Carlsbad Mello
I1 Implementation Plan Amendment #1-99 [Lohf Subdivision], if
modified)
MOTION VI1
I move that the Commission approve the City of Carlsbad Mello I1
Implementation Plan Amendment 1-99 (Lohf Subdivision) if it is modified in
conformance with the suggestions set forth in this 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 Commissioners present is needed to pass the motion.
Resolution VI1
The Commission hereby approves certification of the implementation amendment, as
approved with suggested modifications, to the City of Carlsbad's Local Coastal Program on
the grounds that the amendment does conform with, and is adequate to cany 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.
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CARLSBAD LC i 1-99
Page 8
PART III. SUGGESTED MODIFICATIONS
The following are the suggested revisions for this amendment request. Language to be added is
underlined; language to be deleted is crossed out.
1. On Page 146, within Planning Area 19, Fder Special Design Criteria, "Landscape", the
following shall be added:
A fire suppression zone subject to the approval of the Planning Director and Fire
Marshal shall be established between native areas and structures. The fire suppression
plan should incorporate structural setbacks from native areas in combination with a
program of selective thinning of native vegetation as indicated in the "Fire Suppression
Landscape Guidelines for Undisturbed and Revegetated Native Plant Communities"
provided that no portion of Zone 1 as defined in the "Guidelines" shall encroach upon
deed restricted open space areas required as part of the approval of the Master Plan. All
elements of the fire suppression plan, including the location of zone boundaries and
selective thinning programs shall be subject to the approval of the Planning Director.
Any deviation fiom the "Fire Suppression Landscape Guidelines" shall be the subject of
future local coastal program amendments.
On Page 146, within Planning Area 19, under new category "Trails", the following shall
be added:
2.
Trails:
A portion of the major community trail system shall traverse the east side of Ambrosia
Lane and connect with the trail on the adjacent Park Site (Planning Area #32). The
trail shall be constructed as a condition of develonment for this Dlanning area.
3. The City of Carlsbad LCP Zoning Map shall be revised to indicate that the
Qualified Development Overlay Zone shall be applied to the Ocean Bluff property.
The Q designator applied to the site shall indicate that the property will be
developed with no more than 4 dwelling units per acre.
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD
MELLO I1 LAND USE PLAN AMENDMENT #1-99 [Open Space
Redesignations] AS SUBMITTED
A. AMENDMENT DESCRIPTION/Open Space Redesignations
The amendment request proposes to amend the City's certified Mello I1 LUP. The
request changes the land use and zoning designations on seven properties from residential
designations to open space.
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CARLSBAD LCP, -99
Page 9
During the City's review of its land use plan maps, properties were identified as having
inconsistent General Plan land use designations, Local Coastal Program land use
designations and zoning map designations. To achieve consistency between the three in
the coastal zone, the City amended its maps for seven (7) properties within the Mello I1
segment of the coastal zone. They are:
APN COASTALLAND COASTAL GENERAL ZONING MAP USE MAP ZONING MAP PLANMAP
207-390-35 RLM TO OS RA-IO TO OS os RA- 10 TO OS
2 1-090-26 os R-l-Q TO OS os R-l-Q TO OS
214-140-13,39 RM TO OS PC TO OS os PC To os
2 14-390-33 RLM TO OS R-1 TO OS os R-1 TO OS
2 14-366-26 RLM TO OS R-1 TO OS os R-1 TO OS
2 14-368-01 os R-1 TO OS os R-1 TO OS
B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 30512.2b of the Coastal Act, that portions of
the Land Use Plan as set forth in the preceding resolutions, is in conformance 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 mne
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 constitutionally protected rights or private property owners.
(d) Assure priority for coastal-dependent and coastal-related development over
other development on the coast.
(e) Encourage state and local initiatives and cooperation in preparing procedures
to implement coordinated planning and development for mutually beneficial uses,
including educational uses, in the coastal zone.
The Commission therefore finds, for the specific reasons detailed below, that the land use
plan conforms with Chapter 3 of the Coastal Act or the goals of the state for the coastal
zone with regards to the proposed open space redesignations.
CARLSBAD L! A 1-99
Page 10
C. CHAPTER 3 CONSISTENCY
1. Environmentally Sensitive Habitat 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.
Section 30240 of the Coastal Act requires that new development be sited and designed to
not have an adverse impact on coastal resources. Generally, the above parcels were
dedicated for parkland through the residential subdivision process or acquired for park
purposes by the City. In some cases, these parcels contain land constrained by steep
topography and, in all cases, they have an existing Open Space General Plan land use
designation. As noted above, the amendment would change the above parcels’ LCP land
use and zoning designations to the appropriate Open Space designation to reflect the fact
that the parcel is either dedicated park land or restricted by an open space easement to
protect coastal resources. On all seven parcels in the coastal zone, the proposed changes
ensure that the parcel’s General Plan, Zoning and LCP designations are consistent with
one another. Thus, the Commission finds the proposed amendment consistent with
Section 30240 of the Coastal Act.
PART V. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD MELLO I
LAND USE PLAN AMENDMENT 1-99 [Aviara Master Plan], AS SUBMITTED
A. AMENDMENT DESCRIPTION
Aviara Master PladMello I-Planning Area 19
The Commission has found that the Aviara Master Plan serves as both a Land Use Plan
and Implementation document. Thus, this portion of the amendment is being reviewed
for its consistency with Chapter 3 policies of the Coastal Act.
Several development standards for the Aviara Planning Area ## 19 are proposed for
modification, including a reduction in the allowable number of dwelling units from 109
to 90 units and specific design standards for the proposed planned development. Design
standards proposed for modification are maximum building height, setbacks from
Poinsettia Lane, setbacks from the eastern boundary of the planning area, front yard
I
CARLSBAD LCPA 99
Page 11
setbacks from interior streets, setbacks between structures on courtyards and solid
fencing instead of open fencing along the park.
The amendment makes possible the construction of 90 multi-family condominiums units
on two pre-graded lots comprising 8.2 acres within the Aviara Master Plan, Planning
Area 19. The site is adjacent to 184 condominiums on the east with 288 apartments
proposed to the south. A fi~ture park site that is proposed to include a driveway, parking
lot and basketball courts bound the site on the north. The proposed revisions to standards
would permit:
A setback of 40 feet fiom Poinsettia Lane: The existing Master Plan standard
is a 50-foot setback. All proposed residential units are setback at least 40 feet
from Poinsettia Lane, a major arterial. The proposed setback is consistent
with the existing City requirement for a 40-foot setback from major arterials.
An average 40-foot setback fiom top of slope along the eastern boundary of
the planning area. The existing Master Plan standard is a 5o-foot setback. The
proposed revision would be a 15 foot setback fiom top of eastem slope line
(average distance from top of eastern slope is 21.5 feet, average distance from
eastern property line is 40 feet). The average 40-foot distance between
development will provide sufficient visual separation between the two multi-
family projects.
3) Distance between structures on courtyard. The existing Master Plan standard
for distance between structures on courtyards is 34 feet. The proposed
revision would be 36.5 feet fiom garage door to garage door; 34 feet fiom
livable space to livable space.
4) A varied front yard setback of 10 and 20 feet on the internal street. The
existing Master Plan standard is a 20-foot setback. 49% of the structure
adjacent to the private street must maintain a setback of 20 feet. The
remaining 5 1 % of structure may maintain a 1 0-foot setback if the garage unit
is side loaded.
A building height reduction fkom 35 feet to 28.5 feet. The existing Master
Plan standard is 35 feet except that structures may not exceed 28 feet within
50 feet of the park; also, 50% of structures may not exceed 28 feet within 50
feet of the park and 50% of structures must be no more than 2 stories. The
proposed revision is a maximum height of 30 feet or two stories. All
proposed units measure 28.5 feet in height. The proposed reduction creates
better compatibility with surrounding land uses; the 6-inch increase near the
park site will not be noticeable.
Solid fencing instead of open fencing along the park. The existing Master Plan
standard is a open fence or wall along the northern property line near the park.
The proposed park parking lot could adversely impact the privacy and security
of residents.
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CARLSBAD LC A 1-99
Page 12
The City found the revisions would permit a lower profile development that maintains an
articulated street scene with varying setbacks while maintaining compatibility with
surrounding development. No significant visual resources exist on or near the project
site. The project site is located 1+ miles from Batiquitos Lagoon and the above revisions
would not adversely affect a future coastal access route through the site. The
Commission concurs that no adverse impact to coastal resources or public access would
occur from the above proposed revisions. Thus, these portions of the amendment can be
found consistent with Chapter 3 policies of the Coastal Act.
However, while the above revisions can be found consistent with the Coastal Act, there
are two concerns with approval of Planning Area #19 as identified below and for those
reasons the Master Plan revisions must be denied and the amendment cannot be found in
conformance with Section 30001.5 of the Coastal Act cited above.
C. CHAPTER 3 WITH CONSISTENCY
1. Environmentally Sensitive Habitat 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 Aviara Master Plan was approved with an extensive open space system, approximately 250
acres, which contains coastal sage scrub on many of the canyons that are located within the 1,402
acres of Aviara. Coastal sage scrub is considered environmentally sensitive habitat because it
provides habitat to many plants and animals. Much of it has been displaced by development.
Planning Area # 19 is in a disturbed state as a result of previously approved grading; no dual
criteria slopes or sensitive plants or animals were identified. A narrow strip of disturbed native
vegetation was removed along the north side of the site adjacent to the proposed park. The loss of
this vegetation was approved by the California Department of Fish and Game in a Habitat Loss
Permit in its approval of the Aviara Phase I11 project. No offsite impacts to sensitive habitat is
anticipated to occur as a result of development.
The master plan text for PA #19 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 fie safety. The Commission has updated the fue suppression
provisions within other planning areas and phases of the Aviara development in the Aviara Master
Plan to be more specific in past local coastal program amendments. The current requirements
contain more specificity regarding fuel modification provisions than those submitted with the
amendment. Therefore, because this current fire suppression language is not provided within the
CARLSBAD LCP. '-99
Page 13
existing text, the Commission cannot find that the ammdment is consistent with Section 30240 of
the Coastal Act and must be denied. Inclusion of the updated lire suppression language in the
form of a suggested modification will be necessary to find the amendment consistent with Section
30240 of the Act.
2. Public Access/Trails
Section 30212 of the Coastal Act provides that adequate public access must be provided by new
development. 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. The trail system provides the upland linkages to the lagoon and
addresses the recreational demand of future residents and impacts on existing public recreational
facilities. Relative to the subject planning area, the Aviara Phase III master subdivision design
includes two major community trails, available to the general public, as well as to those residents
of the Aviara community. The trails provide a segment of nortb/south pedestrian access from the
community park and Poinsettia Lane located at the north end of Phase III to Aviara Parkway and
ultimately the North Shore Trail of Batiquitos Lagoon located to the south. The North Shore Trail
is an important local and regional visitor destination point for hikers, bicyclists and bird-watchers.
The Commission has found both the upland community trails and the North Shore Trail are
necessary public access and recreation components of the Aviara Master Plan
The current LCP shows a sidewalk trail within PA 19 along the east side of Ambrosia Lane which
extends north along Ambrosia Lane through PA 19 to terminate at the park. However, the current
text of the Master Plan does not identify any public trails within PA 19. The amendment does not
propose any new text within the site development standards for PA 19 regarding trails. However,
the illustrated graphic for PA 19 indicates a trail is to be provided along Ambrosia Lane until its
termination at Aviara's park site (PA 32). The City indicates the trail is proposed. To
acknowledge this trail, the Commission finds that a "Trail" category must be added to the text of
the master plan in PA 19, consistent with all other development standards for planning areas
containing trails. Therefore, as submitted, the amendment must be denied as it cannot be found
consistent with the applicable Coastal Act sections.
PART VI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD
MELLO I LAND USE PLAN AMENDMENT #1-99[Aviara Master Plan], IF
MODIFIED
The standard of review for LUP submittals or amendments is their consistency with and ability to
carry out the provisions of the Coastal Act. In the case of the subject LCP amendment, the Aviara
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. In its findings of denial, the Commission found that the
proposed revisions to the Aviara Master Plan were inconsistent with Section 30240 of the Coastal
Act. The Commission found that without certain, relatively minor revisions to the master plan,
the LUP amendment must be denied as being inconsistent with Chapter 3 policies of the Coastal
Act.
CARLSBAD L\ A 1-99
Page 14
With the addition of updated language that assu~s removal of sensitive vegetation will be
minimized for fire safety and the addition of clarifjmg text to the master plan regarding the public
trail within PA 19, the Commission finds the LUP amendment can be found consistent with the
Section 30240 of the Coastal Act, as modified. 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 under Chapter 3 policies of the Coastal Act.
PART VII. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD
MELLO I IMPLEMENTATION PLAN AMENDMENTlAviara Master Plan],
AS SUBMITTED
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 Aviara 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. In its findings of denial,
the Commission found that the proposed revisions to the Aviara Master Plan were inconsistent
with applicable Chapter 3 policies of the Coastal Act. The Commission found that without
certain, relatively minor revisions to the master plan, the LUP amendment must be denied. Since
the Aviara LUP and IP texts are identical, the IP amendment as submitted, cannot be found
consistent with the LUP language, as it now has been modified.
With the addition of updated language that assures removal of sensitive vegetation will be
minimized for fire safety and the addition of clarifying text to the master plan regarding the public
trail within PA 19, the Commission finds the implementation amendment can be found consistent
with the applicable provisions of the certified LUP, as modified. 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 segment.
PART VIII. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I
IMPLEMENTATION PLAN AMENDMENT #1-99 (Aviara Master
Plan], IF MODIFIED
With the addition of updated language that assures removal of sensitive vegetation will be
minimized for fire safety and the addition of clarifying text to the master plan regarding the public
trail within PA 19, the Commission finds the implementation amendment can be found consistent
with the applicable provisions of the certified LUP, as modified. 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 segment.
CARLSBAD LCPr -99
Page 15
A. AMENDMENT DESCRIPTION- Open Space Rezones
As noted, during the City's review of its land &e plan maps, properties were
identified as having inconsistent General Plan land use designations, Local Coastal
Program land use designations and Zoning map designations. To achieve
consistency between the three in the coastal zone, the City amended its maps for
seven (7) properties within the Mello I1 segment of the coastal zone.
B. FINDINGS FOR APPROVAL
a) Purpose and Intent of the Ordinance. The purpose and intent of the open space
zone is to provide for open space and recreational uses which have been deemed
necessary for the aesthetically attractive and orderly growth of the community. It is used
in conjunction with publicly owned property uses as parks, open space, recreation areas,
civic centers and other public facilities of a similar nature. The zone also designates high
priority resource areas at time of development that, when combined would create a
logical open space system for the community.
b) Major Provisions of the Ordinance. The open space zone provides the
following uses and structures: beaches and shoreline recreation, bicycle paths, horse
trails, open space easements, public parks, City picnic areas and playgrounds, public
access easements, scenic and slope easements, transportation rights-of-way, vista points,
agricultural uses (field and seed crops, truck crops, horticultural crops, orchards and
vineyards, pasture and rangeland, tree farms and fallow lands. Permitted accessory uses
and structures include public restrooms, clubhouses, parking areas, barbecue and fire pits,
playground equipment, stairways, patios, changing rooms, pool filtering equipment,
fencing and other accessory uses required for the conduct of the permitted uses. Uses
allowed by conditional use permit include group or organized camps, marinas, playfields
and athletic fields, public facilities, recreational campgrounds, public stables and riding
academies, golf courses, swimming pools, tennis courts, private playgrounds and picnic
areas, other related cultural, entertainment and recreational activities and facilities and
stands for the display and sale of aquaculture products grown on the premises. There is
no minimum lot area established for the open space zone. No building or structure in the
zone shall exceed thirty-five feet in height unless a higher elevation is approved as a
conditional use permit by the Planning Commission.
c) Adequacy of the Ordinance to Implement the Certified LUP Segments.
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified Land Use Plan
(LUP). In the case of the subject LCP amendment, the City's Zoning Code serves as the
Implementation Program for the Mello I1 segment of the LCP. As noted in the
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CARLSBAD LC A 1-99
Page 16
Commission’s findings for approval for the land use plan amendment of the open space
redesignations, the proposed redesignated sites were dedicated for parkland through the
residential subdivision process or acquired for park purposes by the City. In some cases,
these parcels contain land constrained by steep topography and, in all cases, they have an
existing Open Space General Plan land use designation. The resource protection policies
of the certified LUPs provide that coastal resources should be protected through open
space dedications. For example, Policy 3-7 of the certified Mello I1 LUP provides that
riparian and wetland resources be protected as open space as a condition of development.
Policy 3-8 provides that buffer areas adjacent to resources protected as open space should
also be reserved in open space. Other LUPs of the Carlsbad LCP have similar policies to
protect coastal resources as open space. The amendment would change the above
parcels’ LCP zoning designations to the appropriate Open Space designation to reflect the
fact that the parcel is either dedicated parkland or restricted by an open space easement to
protect coastal resources. On all seven parcels in the coastal zone, the proposed changes
ensure that the parcel’s General Plan, Zoning and LCP designations are consistent with
one another. Thus, the Commission finds the proposed implementation amendment
consistent with the resource protection policies of the certified land use plans.
1. AMENDMENT DESCRIPTION/ LOHF SUBDIVISION
The amendment changes the LCP implementation plan by rezoning the 36.7-acre parcel
(Lohf) from Limited Control (L-C) to One-Family Residential (R-1-7,500-Q). The
amendment is associated with a specific project proposal currently under review by the
City to subdivide the infill site into 73 single-family lots. The project site is located
about 200 feet west of El Camino Real, between Cassia Road and Dove Lane. To the
south of the project site are the Plaza Paseo shopping center and a single-family
neighborhood. North of the property are two, individually owned single family lots, each
containing one home, and west of the property is undeveloped, residentially designated
property.
The project site has been mostly cleared of native vegetation by previous agricultural
operations and contains three single-family homes, each with a dirt access. There is a
large, relatively undisturbed native habitat area in the southwest portion of the site that
includes the northern end of a riparian woodland. The area is to be placed in open space
and would be maintained by a future homeowner’s association. There is a mature oak
tree in the middle of the site, which would be mitigated by the replanting of 10 oaks in
the open space area. No other changes to the implementation plan are proposed. The
subject site is located within the non-appeallable area of the City’s coastal development
permit jurisdiction.
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Page 17
B. FINDINGS FOR REJECTION
a) PurPO se and Intent of the Ordinance. The purpose and intent of the R-1-7500-
Q zone (One-Family Residential Zone) is to allow for single family detached homes and
associated structures. The Limited Control (L-C ) zone is currently applied to the site; it
is a holding zone which only allows agricultural uses. The Q designator supplements the
underlying zoning by providing additional regulations for development within designated
areas. No other changes to the R-1 zone are proposed.
b) Major Provisions of the Ordinance. The amendment provides for the change
of zoning of the identified parcel from L-C to R-1 . The R-1 zone allows single family
detached homes and associated structures, sets a 35 foot height limit, and establishes
development standards for setbacks, placement of building and minimum lot area.
Additional development standards for this zone include provisions for the type of garage
required (i.e. twocar) and that each residence have a permanent foundation. Other
requirements pertain to the composition of exterior siding of residences, specifications
regarding roof pitches and minimum width of residences.
c) Adequacy of Ordinance to Implement the Certified LUP. The standard of review for LCP implementation submittals or amendments is their consistency with and
ability to cany out the provisions of the certified Land Use Plan (LUP). In the case of the
subject LCP amendment, the City's Municipal Code serves as the Implementation
Program for the Mello I1 segment of the LCP. The subject property is designated with the
Residential Low Medium 0 land use designation in the certified LUP which permits
up to 4 ddac and 0.5 acres of Residential Medium (RM) designated land which allows up
to 8 ddac; no change is proposed in the land use designations. R-1 is a zoning
designation that requires a minimum lot area of 7,500 sq.fi.
Although the City found the proposed R-1 zone consistent with the RLM designation, the
R-1 zoning could allow up to 5.8 ddac based on the minimum lot size (43,560 sq.ft.
divided by 7,500 sq.ft. = 5.8). Thus, the proposed R-1 zone could permit more dwelling
units than the land use designation would allow which is inconsistent with the certified
LUP. Increased residential density could result in adverse impact areawide to coastal
resources by creating the need for more roads and infrststructure through sensitive areas
(i.e., dual criteria slopes, wetland and riparian resources).
The stated intent and purpose of the "Q" Qualified Development Overlay Zone in the certified
LCP is to "supplement the underlying zoning by providing additional regulations for development
within designated areas to: [in part] (1) Require that property development criteria are used to
insure compliance with the general plan and any applicable specific plans; (2) Provide that
development will be compatible with surrounding developments, both existing and proposed; (3)
Insure that development occurs with due regard to environmental factors [...I The overlay zone
therefore appears to be a suitable means to provide additional regulations for development to
ensure that future development occurs consistent with a variety of concerns or environmental
factors. Thus, this overlay provides additional assurance the policies of the LCP will be applied
and enforced.
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CARLSBAD LC A 1-99
Page 18
In LCPA 2-96A, the Commission addressed the above issue on another site (Ocean Bluff) in
Carlsbad. The Commission found that the Qualified Development Overlay Zone should be
applied to that property. The Commission approved a suggested modification that applied the "Q"
designator to the site to ensure that the property would be developed with no more than 4 ddac
which was consistent with the certified RLM land use designation. As modified, the Commission
found the proposed zone change was consistent with the certified LUP as application of the "Q"
designator was one mechanism to address the density limit concerns; however, other options or
alternatives would certainly be considered. However, to date, the City has not suggested any other
alternatives or code provisions that could address the density issue for Commission consideration.
The City submitted the currently proposed amendment with the Qualified Development Overlay
Zone Q designator. However, the City applied the Q designator to the site as the site is highly
visible fiom El Camino Real, designated in the LCP as a Scenic Highway. The Q designator
ensures that the building locations and architectural styles are reviewed through a Site
Development Plan discretionary approval process prior to issuing building permits. The
amendment is silent with respect to the Q designator limiting the property so that it would not be
developed with more than 4 dwelling units per acre. As with the previous action, the Commission
can not find the amendment consistent with the certified LCP.
In summary, since the proposed rezoning would implement the LUP designation cited above, the
Commission finds that the subject amendment to the implementation plan is consistent with and
adequate to carry out the policies of the certified LUP.
XI. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO I1
IMPLEMENTATION PLAN AMENDMENT #1-99 (LOHF SUBDMSIONL IF ~~
MODIFIED
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified Land Use Plan
(LUP). Although the City found the proposed R-1 zone consistent with the certified
RLM designation, the R-1 zoning could allow up to 5.8 ddac based on the minimum lot
size (43,560 sq.fi. divided by 7,500 sq.ft.=5.8). Thus, the proposed R-1 zone could
permit more dwelling units than the land use designation would allow which is
inconsistent with the certified LUP. Increased residential density could result in adverse
impacts areawide to coastal resources by creating the need for more roads and
infrastructure through sensitive areas (Le., dual criteria slopes, wetland and riparian
resources). '
As noted above, the City applied the Q designator to the site to assure that new development
would be compatible with the visual resources in the area. However, in this case, no findings
were made indicating the Q designator would limit the development potential of the site to be no
more than 4 dwelling units per acre. Thus, the Commission rejected the proposed R-1-7500
zoning based on its potential to allow a grater intensity of development than the certified Mello I1
LUP would allow. However, based on its previous action, the Commission can find the
amendment consistent with the certified LUP designation provided the City stipulates that the Q
_- - CARLSBAD LCPt -99
Page 19
designator limits the property so that it would not be developed with more than 4 dwelling units
per acre. As modified, the Commission finds the proposed zone change can be found consistent
with the certified LUP by implementing the LUP designation cited above. Thus, as modified, the
Commission hds that the subject amendment to the implementation plan is consistent with and
adequate to carry out the policies of the certified LUP.
PART Xn. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA)
Section 2 1080.5 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 2 1080.5, 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 to CEQA
provisions. The LCP amendments to the Mello I and Mello I1 segments of the City's LCP
propose changes to the land use designations and zoning of properties within the City's
coastal zone. The proposed Lohf rezone, open space redesignations and Aviara Master
Plan changes will not result in an intensity of land use incompatible with the surrounding
development or have adverse impacts on coastal resources as modified. Therefore, the
Commission finds that approval of the LCP amendment will not result in any significant
adverse environmental impacts.
In addition, individual projects to which the new LCP zone would apply will require a
coastal development permit, which would require review for compliance with
development standards which address, in part, steep slope encroachment, preservation of
native habitat (coastal sage scrub, etc.), visual resource protection, and parking and traffic
circulation. Any specific impacts associated with individual development projects would
be assessed through the environmental review process; and, an individual project's
compliance with CEQA would be assured. The Commission frnds that approval of the
subject LCP amendment would not result in significant environmental impacts under the
meaning of the California Environmental Quality Act and that the proposed changes can
be made.
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,- )I ...
RESOLUTION NO. 98-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A NEGATIVE
DECLARATION, AN ADDENDUM TO MASTER EIR 93-01, A
GENERAL PLAN AMENDMENT GPA 97-01, A ZONE CHANGE
ZC 97-01, AND A LOCAL COASTAL PROGRAM AMENDMENT
LCPA 97-04, TO CHANGE LAND USE DESIGNATIONS SHOWN
ON THE GENERAL PLAN, .ZONING, AND LOCAL COASTAL
PROGRAM LAND USE MAPS SO THEY WILL BE CONSISTENT
WITH ONE ANOTHER ON VARIOUS PARCELS LOCATED
WITHIN THE CITY OF CARLSBAD.
CASE NAME: GENERAL PLAN, ZONING, & LOCAL
COASTAL PROGRAM CONSISTENCY PROJECT PHASE I
CASE NO.: GPA 97-01//ZC 97-OlLCPA 97-04
The City Council of the City of Carlsbad, California, does hereby resolve as
WHEREAS, on April 1, 1998 the Planning Commission held a duly noticed public
hearing to consider a Negative Declaration and Addendum to Master EIR 93-01, General Plan
Amendment (GPA 97-01), Zone Change (ZC 97-01), and Local Coastal Program Amendment
(LCPA 97-04), all relating to the General Plan, Zoning, and Local Coastal Program Consistency
Project Phase 1. At the conclusion of the hearing the Commission adopted Resolutions No.
4247, 4248, 4249 and 4250 recommending that the Negative Declaration and Addendum to
Master EIR 93-01, GPA 97-01, ZC 97-01, and LCPA 97-04 be approved; and
follows:
WHEREAS, the City Council of the City of Carlsbad, on 6th day of
October , 1998, held a public hearing to consider the Commission’s
recommendations and hear all persons. interested in or opposed to the Negative Declaration,
Addendum to Master EIR 93-01 I General Plan Amendment (GPA 97-01), Zone Change (ZC 97-
01), and Local Coastal Program Amendment (LCPA 97-04), relating to the General Pian,
Zoning, and Local Coastal Program Consistency Project Phase I.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City
of Carlsbad as follows: I-
1. That the above recitations are true and correct. APPLICATION NO. City of Carlsbad I LCPA 1-99
2. That the City Council adopts and incorporates the findings of Plan
Resolutions Nos. 4247, 4248, 4249 and 4250 approving the Negative
California Coastal Cornmissio It
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-- '/-
Addendum to Master EIR 93-01, General Plan Amendment (GPA 97-01), Zone Change (ZC 97-
01), and Local Coastal Program Amendment (LCPA 97-04).
a) The City Council finds that the Negative Declaration and the
Addendum to Master EIR 93-01 reflects the City Council's independent judgment.
b) Location and Custodian of Record of Proceedings. Pursuant to
Public Resources Code section 21081.6(d), all the materials that constitute the administrative
record in this proceeding are in the custody of and can be found in the offices of the City Clerk
and the Director of Planning in the City of Carlsbad. The administrative record includes, but is
not limited to: the Negative Declaration, Addendum to Master EIR 93-01 and all public
comments thereon received during the public review period and responses thereto, and the
proceedings of the Planning Commission and the City Council thereon.
EFFECTIVE DATE: This resolution shall be effective upon its adoption, except
as to the General Plan Amendment, which shall be effective thirty (30) .days following the
adoption of the resolution by the City Council approving the Third General Plan Amendment of
1998.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of October 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
1
ouncil Member Kulchin
ATTEST:
(SEAL)
-2-
EXHIBIT -A"
DATED MARCH 18.1908 '
k 207 - 390 - 35
6
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PROPERTY LOCAL COASTAL PROGRAM AMENDMENT LCPA
dmtt finat =
EXHIBITNO. 2
APPLICATION NO.
RA-1 O/RLM OSlOS Ordinance No:
Effective Date:
Signature: . City of Carlsbad LCPA 1-99
Project Name. General Plan, Zoning, & Local Coastal
Legal Description( s) Map 10925 - Carlsbad Tract Map
No 82-5A - Telescope Point - Lot 67, in the City of
Carlsbad. State of California, County of San Diego, on file
in the Office of the County Recorder of San Diego. dated
May 1st 1984, File No. 84-160726.
Related Case File No(s):GPA 97-011 ZC 97-011 LCPA
97-04 Program Consistency Project - Phase I
. Attach additional pages if necessary Open Space Redesignatior
Sites
-Catiirnia coastat cmmissio
EXHIBIT "B"
DATED MARCH 18.1998
LCPA Change
Property From I To.
k 211 - 090-26 R-7-Q I os
8
C
D
Attach additional pages if necessary
PROPERTY LOCAL COASTAL PROGRAM AMENDMENT LCPA
dntt @ finat D
Approvals
Council Approval Date.
Ordinance No:
Effectwe Date:
Signature:
Project Name General Plan, Zoning, 8 Local Coastal
Legal Description( s)' Map 13404 - Carlsbad Tract - 94-1 1 - Mar Vista - Lot 1, in the City of Carlsbad, State of
California, County of San Diego, on file in the Office of the
County Recorder of San Diego. dated February 28. 1997
File No 97-0091414
Related Case File No(s):GPA 97-011 ZC 97-01/ LCPA
97-04 Program Consistency Project - Phase I
c
LCPA Change Approvals
Property From To Council Approval Date:
A 214 - 140 - 13 PC/RM 0s10s Ordinance No:
8 214-140-39 PCIRM 0s10s Effective Date.
C Signature:
D
I
Attach additionat pages if necessary
EXHIBIT "c"
DATED MARCH 18.1998 ~
' PROPERTY LOCAL COASTAL PROGRAM AMENDMENT LCPA
draft [xi final
Project Name: General Plan, Zoning, & Local Coastal
Legal Description(s): A Portion of Section 21 - Township
12 South - Range 4 West in the Crty of Carlsbad, State of
California. County of San Diego.
Related Case File No(s):GPA 97-01/ ZC 97-01/ LCPA
97-04 Program Consistency Project - Phase I
EXHIBIT UD'*
DATED MARCH 18.1998
PROPERTY LOCAL COASTAL PROGRAM AMENDMENT LCPA
draft final D
Project Name: General Plan, Zoning, & Local Coastal
Legal Descnption(s): Map 8404 - Carisbad Tract - 73-39 -
Related Case File No(s):GPA 97-01] ZC 97-01] LCPA
97-04 Program Consistency Project - Phase I
Unit No 1 - Lot No. 69 B 70, in the City of Carlsbad,
State of California. County of San Diego, on file in the
Office of the County Recorder of San Diego. dated
November 5, 1976, File No. 76-371356.
I LCPA Chanae I ADDrOVals I
~ Property I From To Council Approval Date:
A 214 - 366 - 26 R-1IRLM OSlOS Ordinance No:
B 214-368-01 R-1 os Effective Date.
C Signature:
D
Attach additional Daaes if necessarv
EXHIBIT To'
DATED MARCH 18.1998
LCPA Change
Property I From I To
A 214 - 390 - 33 R-1/RLM I OSlOS
B
C
D . Attach additional pages if necessary
PROPERTY LOCAL COASTAL PROGRAM AMENDMENT LCPA
ddt ftnalD
Approvals
Council Approval Date:
Ordinance No:
Effective Date.
Signature:
Project Name: General Plan, Zoning, 8 Local Coastal
Legal Description(s), Map 8405 - Carlsbad Tract - 73-39 -
Unit No. 3 - Lot No 124, in the City of Carlsbad, State of
California. County of San Diego. on file in the Office of the
County Recorder of San Diego, dated December 29,
1976. File No. 76-439297. *
Related Case File No(s):GPA 97-011 ZC 97-011 LCPA
97-04 Prooram Consistency Project - Phase I
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SECTION It: That the findings and conditions of the Pla
Planning Commission Resolution No. 4437 shall also constitute the findi
the City Council.
ORDINANCE NO. NS-470
EXHIBITNO. 3
APPLICATION, city of NO.
Mello I Resolution
LCPA 1-99
mc;ll,fornia coastal cnrnrnie-mn
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING AN AMENDMENT TO
THE AVIARA MASTER PLAN RELATIVE TO PLANNING AREA
19 TO CREATE 90 AIRSPACE CONDOMINIUM UNITS ON
PROPERTY GENERALLY LOCATED AT ME NORTHEAST
CORNER OF POINSElTIA LANE AND AMBROSIA LANE IN
LOCAL FACILITIES MANAGEMENTZONE 19.
CASE NAME: BRlNDlSl
CASE NO.: MP 177W
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 twenty-two
times since original adoption, most recently for MP 177(Z) through City Council Ordinance NS-
453 on July 28,1998; 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
amended by the Master Plan Amendment relative to Brindisi Planning Area 19, MP 177(W),
Exhibit “Y dated December 16, 1998, attached hereto and incorporated by reference herein, is
approved. The Master Plan Amendment shall constitute the zoning for this property and all
,
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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 publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the Crty's Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 16th day of February 1999, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 2nd day of March 1999, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Kulchin & Hall
NOES: None
ATTEST: -
ALETHA L. RkJTENKRANZ, City Clerk
(SEAL)
-2-
PLANNING AREA 19 I EXHIBITNO. 4 I
APPLICATION NO.
City of Carlsbad
Mello I Aviara
LCPA 1-99
PLANNING AREA 19: MULTI FAMILY RESIDENTIAL
open parking. The minimum setback from the park shall be 30 fee
undeveloped areas adjacent to the park shall be landscaped and b.
maintained. All open parking shall be screened from the park si
Poinsettia Lane. The minimum building separation shall be 20 fe 143
This * 8.16 acre planning area includes multi-family attached
residential units. The neighborhood is located on the northerly side of
Poinsettia Lane along the easterly boundary of the Master Plan area.
Pacific Rim Park of Planning Area 32 is adjacent to the west and north side
of the planning area.
EXHIBITNO. 5
APPLlCATlON NO.
City of Carlsbad
Mello I Aviara
LCPA 1-99
Master Plan Changes I
.PCalitma Coastal Commission 9
Pages 1-4 I
All development in Planning Area 19 shall conform to the development
standards of the PD Ordinance (Carlsbad Municipal Code, Chapter 21.45.090)
unless otherwise stated in this chapter.
USE OCATION :
109 multi-family residential units are allowed by the Growth Management
Control Point . (11.7 DU/AC). 90 units are permitted to be
constructed within Planning Area 19. Private recreation facilities
are required in conjunction with the residential units.
ED USES:
Multi-family residential housing Recreational facilities.
SITE DFVET,OPmNT STANDARDS :
Peiaht :
The maximum height in this planning area shall not exceed 35 30 feet. All heights shall be determined per Section 21.04.065 of the Carlsbad Municipal Code. 4 2..
no more than two stories in height.
..
All of the structures in this Planning Area shall be
The minimum setback from the Poinsettia Lane right-of-way shall be 58 40
feet for structures and open parking. All open parking shall be fully screened from Poinsettia Lane. The minimum front yard setback
along Ambrobia Lane shall be 20 feet for structures and 15
feet for open parking. No direct garage access shall be taken from
SJeeek Ambrosia Lane. Frontyard setbacks along the internal otreet
are eetabliahed as follows: 49% of the structure immediately
adjacent to the atreet muot maintain a minimum 20-foot front
yard setback; the remaining 51% of the structure immediately
adjacent to the street may have a 10-foot front yard setback if
the garage is mideloaded per Exhibit V-20-A, dated 9/38/98. The
aetback off the courtyard driveway shall be a minimum 5-feet,
aleo as demonstrated on Exhibit V-20-A. Garage court designs
shall maintain a minimum 36-foot garage door to garage door
Separation. A minimum dimtance of 34 feet from livable mpace to
livable apace ohall be maintained. fr-,
*. 73 A,&
The minimum setback along the easterly planning area boundary shall
-c
Design Criteria - Planning Area .I 9 Exhibit V- 20
Amended 8/11/94 144
Parking shall conform to the standards of Chapter 21.44 of the Carlsbad
Municipal Code.
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:
* Curvilinear streets shall be combined with varied building
setbacks to strengthen the mediterranean hilltown appearance of
the planning area.
Strong architectural relief features shall be incorporated into
all structures visible from Poinsettia Lane and the adjacent parkland.
* Outdoor courtyards, patios, decke and plazas shall be
included;
* Special attention shall be given to incorporate the adjacent park areas as an amenity to the neighborhood.
Fntrv Treatment:
A major entry way shall be located at the intersection of
Ambrosia Lane and the private internal atroet.
Traffic noise along Poinsettia Lane shall be attenuated if required through
the incorporation of a solid masonry or view-thru noioe wall, earthen
berm or combination of the two. Air spm solid fence or wall shall be
located along the planning area boundary adjacent to the park site. A
decorative solid fence or view-thru wall shall be located along the
easterly planning area boundary.
Lands-=: All community-wide landscape standards described in Section A, Community
Design Elements of Chapter IV shall be incorporated into this planning
area. In addition, the following specific la,ndscape concepts shall be
included in the development of this planning area:
* Common streetscape areas shall conform to community
requirements. Street trees, landscape planting intensity
zones, paving, entry monuments, irrigation systems, walls,
fences, lighting, etc., have been pre-determined to provide
consistency in design and quality.
145
t Landscaping and berming shall be required to screen all
structures and open parking from Poinsettia Lane, the adjacent park to the north and the adjacent property to the east.
rt Existing trees identified during Master Tentative Map review
shall be preserved.
A fire suppression zone subject to the approval of the Planning
Director and Fire Marshall shall be established between
native/naturalized areas and structures. The fire suppression
plan should incorporate structural setbacks from native areas
in combination with a program of selective thinning of native
vegetation subject to the approval of the Planning Director.
P reet TreesL
The dominant street tree along Poinsettia Lane shall be London Plane Tree
(Platanus acerifolius) and the support tree shall be the Southern Magnolia
(Magnolia grandiflora) or an alternate selected by the developer.
Onen SDace:.
Manufactured slope areas shall be maintained by the cornunity open space
district.
Gradino:
Any development within this planning area shall comply with the City's
Hillside Development Regulations and the slope and resource preservation
policies of the underlying local coastal program and subsequent coastal
permit. Any application for development within this planning area shall
require a slope analysis/biological resource map during Tentative Map
review.
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NING COMlrlISSION BESOLWOK NO. 4426
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE MELLO I1
SEGMENT OF THE CARLSBAD LOCAL COASTAL
PROGRAM TO CHANGE THE ZONING DESIGNATION OF
36.7 ACRES FROM LIMITED CONTROL (L-C) TO ONE
FAMILY RESIDENTIAL WITH A QUALIFIED DEVELOP-
MENT OVERLAY (R-1-7,5OO-Q) TO BRING THE DESIGNA-
TIONS ON THE LOCAL COASTAL PROGRAM, GENERAL
PLAN, AND ZONING MAP INTO CONFORMANCE ON
PROPERTY LOCATED WEST OF EL CAMINO REAL,
BETWEEN CASSIA ROAD AND DOVE LANE
CASE NAME: LOHF SUBDMSION
NO: ICPA 97-08
WHEREAS, California State law requires that the Local Coastal Program,
General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, LAMCO Housing Inc., “Developer”, has filed a verified
application for an amendment to the Local Coastal Program designations regarding property
owned by Lohf Trust and Alice M. Larnplugh Trust, “Owner”, described as
Parcel 2 of Map No. 2244, filed in the Office of the County
Recorder on January 10, 1974 and the southern half of the
northeast quarter of Section 26, Township 12 South, Range 4
West, San Bernardino Meridian, all in the City of Carlsbad,
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 December 2,1998, attached to Planning
Commission Resolution No. 4425, and on file in the Planning Department, as provided in
Title 14 of the California Code of Regulations (The California
Public Resources Code Section 30574 and Article 15 of Subchapter 8, Ch
Administrative Regulations); and
City of Carlsbad
-California Coastal Commissio
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WHEREAS, the Planning Commission did on the 2nd day of December. 1998.
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tesrimon?
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 October 9,
1998, and ending on November 20,1998, 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
CWIMENDS qEPROVA1, of LOHF SUBDIVISION - LCPA 97-08 based
on the following findings:
Findings:
1. That the proposed Local Coastal Program Amendment is consistent with all applicable
policies of the Mello I1 segment of the'carlsbad Local Coastal Program, in that it allows
for consistency between the .residential land use designation and the implementing
ordinance and does not reduce the requirements for slope preservation, habitat
preservation and erosion control.
-. 3 That the proposed amendment to the Mello I1 segment of the Carlsbad Local Coastal
Prdgram is required to bring the land use designations in the Zoning Ordinance and
Implementing Ordinances of the Local Coastal Program into conformance with the
City's General Plan designation for Residential uses at a low-medium density (from
0.0 to 4.0 dwelling per acre).
1. Pnor to certification of the Local Coastal Program Amendment, the proposed
amendment shall receive approval by the California Coastal Commission that
substantially conforms to this approval.
32 -2- &I PC RES0 NO. 4426
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_. 3 Approval of LCPA 97-08 is granted subject to the approval of ZC 97-06. LCPA 97-08 is subject to all conditions contained in Planning Commission Resolution KO. 4425 for
ZC 97-06.
PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 2nd day of December, 1998. by the following I I
vote, to wit:
AYES: Chauperson Noble, Commissioners Compas, Heineman. Xielsen.
Savary, and Welshons
NOES:
ABSENT: Commissioner Monroy
ABSTAIN:
BAILEY NOEE, Chairperson
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL J."bLZMLER
Planning Director
PC RES0 NO. 4426 -3-
PROPERTY ZONE CHANGE
Zone Change
Property. From. To.
A 215-050-18. 59 L-C R-1-7.500-Q
B
C
D
Attach additional pages if necessary
ZC: 97-06
draft 6 final z
Approvals
Council Approval Date:
Ordinance No:
Effective Date:
Signature: -
APPLICATION NO.
City of Carlsbad LCPA 1-99
Project Name: Lohf Subdivision
Legal Descriptton(s): Parcel 2 of Map No. 2244. filed in
I Related Case File No(s): ZC 97-06/LCPA 97-08
I
the office of the County Recorder on January 10.1974
and the southern half of the northeast quarter of Section
26, Township 12 South, Range 4 West, San Bemardino
Meridian, all in the City of Carlsbad, County of San Diego,
State of California.
Lofh Site
Ifcalifnorma Coastal ~omrnissinn