HomeMy WebLinkAboutLCPA 98-04; Thompson/Tabata; Local Coastal Program Amendment (LCPA) (10)-
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STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO. CA 921084402 4 (619) 767-2370
WED 7C
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO
KERI AKERS, COASTAL PROGRAM ANALYST
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR
AMENDMENTS NO. 1-2002D (Thompson-Tabata) (For Commission
Consideration and Possible Action at the Meeting of August 6-9,2002)
SYNOPSIS
SUMMARY OF AMENDMENT REQUEST
The subject amendment request revises the certified Carlsbad LCP Mello I1
Implementation Program. The request rezones an 82.2-acre site (Thompson-Tabata) from
Limited Control (L-C) to One Family Residential (R-1) and Residential Density Multiple
(RDM). On April 22,2002, the City of Carlsbad's proposed Local Coastal Program
Amendment (LCPA) 1-2002 was received in the San Diego District office. The
amendment package contained three other requests to amend the certified Carlsbad LCP
implementation program which have received Commission action. A time extension of
up to one year was granted by the Commission at the June 2002 meeting. The Thompson-
Tabata amendment is going forward at the August 2002 hearing at the request of the City
of Carlsbad.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending denial of the proposed LCP amendment as submitted, and
subsequent approval if modified. The rezone is consistent with the land use designation
in the certified Mello I1 Land Use Plan (LUP) in that it would not allow a greater density
on the site than the certified Residential Low Medium (RLM 0-4 dua) and Residential
Medium (RM) land use designations would allow.
The Thompson-Tabata site is largely flat or gently sloped, with approximately 7.59 acres
containing slopes greater than 25%. The majority of the site has been previously cleared
for agriculture. Approximately 1.8 acres of coastal sage scrub (CSS) on steep slopes are
located in a narrow strip along the eastern boundary of the site. A riparian area of
southern willow scrub (SWS) totalling approximately 0.1 acre is located on the western
boundary of the site.
Carlsbad LCPA 1 -2002D
Page 2
The purpose of the L-C zone is to provide an interim zone for areas where planning for
future land uses has not been completed, or plans for development have not been
formalized. A number of L-C properties, which were formerly used for agriculture but
are now becoming ready for development, exist within the coastal zone; several are
included in the Carlsbad draft Habitat Management Plan (HMP) as “hardline” and
“standards” properties. Although it is anticipated that the L-C properties will be
developed at urban intensities, the Mello I1 land use plan (LUP), which was originally
certified in 198 1, does not address this zoning designation or the projected urban
transition and development of the L-C properties. In order to avoid piecemeal conversion
of these properties from agriculture to urban uses, staff has recommended that the City
should revise the LCP to address the L-C properties and provide a comprehensive plan
for their development. Such an LCP amendment would take into account the cumulative
impacts of these land use conversions on existing sensitive resources and current traffic
patterns, and address resource protection requirements based on site specific conditions.
Additionally, the LCP, which was certified in 198 1, has not been updated to adequately
protect environmentally sensitive habitat area (ESHA) and species such as the
gnatcatcher, which has been listed since the LCP’s certification. The LCP protects
sensitive native vegetation on steep slopes (>25%), but does not protect native vegetation
in flatter areas. The dual-criteria slope policy preserves natural landforms and prevents
erosion, but does not address the need to preserve rare native plant communities,
especially those which have been determined by federal or state listing to be threatened or
endangered. The gnatcatcher, which resides in the CSS community, was listed as
threatened by the USFWS in 1993, and several species within the southern maritime
chapparal communty were listed as threatened or endangered in 1996. Currently, over
200 plant and animal species in the San Diego region are listed or proposed to be listed
by federal or state governments as endangered, threatened, or rare. The LCP does not
include policies specifying how development in the L-C zone will be comprehensively
planned in a manner consistent with the ESHA protection requirements of Section 30240
of the Coastal Act.
When the LCP was certified, it was anticipated that the purpose of the L-C zone was to
provide an interim zone for areas not yet ready for development and where plans for
development had not been formalized. This purpose is stated in Section 21.39.010 of the
City’s zoning code (Title 21). This planning has not yet taken place. The City has
submitted several LCP amendments to rezone individual L-C properties, based on
individual site plans, but has not submitted an LCP amendment to revise and update the
LUP and/or provide a comprehensive plan for the L-C zoned properties as a whole. The
City has stated that it intends to provide a comprehensive update of the LCP in future, to
address the HMP and other outstanding concerns. When the LCP is updated, a provision
will be incorporated to require those areas that have been placed under open space
easements for the purpose of habitat conservation, to be turned over to the management
of an appropriate conservation agency with responsibility for the overall HMP preserve
system.
Carlsbad LCPA 1 -2002D
Page 3
These unresolved issues make it difficult to conclude that an amendment to the
implementation plan of the LCP is sufficient to address the underlying deficiencies of the
LCP, which affect not only this individual site but all of the undeveloped properties
within the coastal zone. These deficiencies and the out-of-date scope of the plan make it
necessary for the City of Carlsbad to update and revise its plan to reflect current
requirements for habitat and species protection, and to provide coordinated and
comprehensive planning for the transition of agricultural lands, instead of addressing
these areas solely through site-specific, individual rezones. However, in the absence of
an LCP update, in consideration of the proposed rezone, the Commission must consider
the development pattern of these L-C zoned properties that will be enabled by the
proposed rezone and establish development standards applicable to future development
which include the resource protection standards lacking in the current LCP.
Staff is recommending that the City amend the proposed rezone through suggested
modifications that will incorporate development standards specific to the subject site and
applicable to future development of the site onto the certified LCP zoning map. A
condition of approval of the LCP amendment by the City acknowledges potential
revisions must be submitted to the Planning Department and may require an amendment
to the approval by the City. The modifications would prohibit disturbance of the on-site
coastal sage scrub and riparian areas and provide buffers adjacent to the habitat areas.
The standards require the buffers to be revegetated with native, non-invasive species and
address brush management activities, noise and lighting permitted adjacent to the buffer
zones. The standards also permanently restrict the allowable uses in both the habitat and
buffer areas to ensure habitat protection through a conservation easement. Approval of
the proposed rezone with these suggested modifications is consistent with Section 30240
of the Coastal Act and the draft HMP and will not jeopardize creation of a viable open
space preserve system.
The appropriate resolutions and motions can be found on Page 5. The findings for
approval of the amendment can be found on Page 11.
;i
BACKGROUND
Carlsbad Local Coastal Program (LCP)
The City's certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSammis Properties, East Batiquitos
LagoodHunt Properties and Village Redevelopment. Pursuant to Sections 301 70(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 198 1, respectively.
The West Batiquitos Lagood Sammis Properties segment was certified in 1985. The
East Batiquitos Lagooaunt Properties segment was certified in 1988. The Village
Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 21, 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
Carlsbad LCPA 1 -2002D
Page 4
a deferred certification area until an implementation plan is certified. The subject
amendment request affects the Zone 20 Specific Plan of the LCP’s Mello II segment.
Carlsbad Habitat Management Plan (HMP)
The Carlsbad HMP is being prepared to satisfy the requirements of a federal Habitat
Conservation Plan (HCP), and as a subarea plan of the regional Multiple Habitat
Conservation Plan (MHCP). The MHCP study area involves approximately 186 square
miles in northwestern San Diego County. This area includes the coastal cities of
Carlsbad, Encinitas, Solana Beach and Oceanside, as well as the inland cities of Vista and
San Marcos and several independent special districts. The participating local
governments and other entities will implement their portions of the MHCP through
individual subarea plans such as the Carlsbad HMP. Once approved, the MHCP and its
subarea plans will replace interim restrictions placed by the U.S. Fish and Wildlife
Services (USFWS) and the California Department of Fish and Game (CDFG) on impacts
to coastal sage scrub and gnatcatchers within that geographical area, and will allow the
incidental take of the gnatcatcher and other covered species as specified in the plan.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Keri Akers at the San Diego
Area Office of the Coastal Commission at 7575 Metropolitan Drive, Suite 103,
San Diego, CA 92108-4402, (619) 767-2370.
Carlsbad LCPA 1 -2002D
Page 5
PART I. OVERVIEW
A. STANDARD OF REVIEW
The standard of review for LCP implementation plan submittals or amendments is their
consistency with and ability to carry out the provisions of the certified LUP. 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. The 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 findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
Implementation Plan Denial as Submitted:
I. MOTION: I move that the Commission reject the Implementation Program Amendment
#1-20020 for the City of Carlsbad as submitted.
STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED:
Staff recommends a YES vote. Passage of this motion will result in rejection of the
Implementation Progrm Amendiient znd the adoption of the following resolution and findings.
The motion passes only by an affirmative vote of a majority of the Commissioners present.
RESOLUTION TO DENY IMPLEMENTATION PROGRAM AMENDMENT AS
SUBMITTED:
The Commission hereby denies certification of the Implementation Program submitted for the
City of Carlsbad and adopts the findings set forth below on grounds that the Implementation
Program as submitted does not conform with and is inadequate to carry out the provisions of the
certified Land Use Plan (LUP). Certification of the Implementation Program would not meet the
requirements of the California Environmental Quality Act, as there are feasible alternatives and
mitigation measures that would substantially lessen the significant adverse impacts on the
environment that will result fiom certification of the Implementation Plan as submitted.
Carlsbad LCPA 1 -2002D
Page 6
Implementation Plan Certification with Suggested Modifications:
11. MOTION: I move that the Commission certifi the Implementation Program
Amendment #1-20020 for the City of Carlsbad if
modified as suggested in this staff report.
STAFF RECOMMENDATION:
Staff recommends a YES vote. Passage of this motion will result in certification of the
Implementation Program with suggested modifications and the adoption of the following
resolution and findings. The motion passes only by an affirmative vote of a majority of the
Commissioners present.
RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM WITH
SUGGESTED MODIFICATIONS:
The Commission hereby certifies the Implementation Program Amendment for the City of
Carlsbad and adopts the findings set forth on grounds that the Implementation Program with the
suggested modifications conforms with and is adequate to carry out the provisions of the certified
Land Use Plan. Certification of the Implementation Program if modified as suggested complies
with the California Environmental Quality Act, because either 1) feasible mitigation measures
andor alternatives have been incorporated to substantially lessen any significant adverse effects of
the Implementation Program on the environment, or 2) there are no further feasible alternatives
and mitigation measures that would substantially lessen any significant adverse impacts on the
environment.
SUGGESTED MODIFICATION:
Staff recommends that the following modifications to the proposed LCP amendment be
adopted. The underlined sections represent language that the Commission suggests be
added:
1. The City shall incorporate the following requirements onto the certified LCP
Zoning Map, to apply to the subject parcels (APN # 214-140-44,214-170-09, -36,
-58, -59, -73, -77):
a. The onsite areas of native vegetated habitat (approximately 2 acres). including
coastal sage scrub, southern willow scrub and riparian area. shall be protected as a
condition of development approval, and secured through recordation of an open
space conservation easement in favor of the City of Carlsbad or other
conservation agency. or through other appropriate preservation method. Use of
the open space areas containing native vegetated habitat shall be restricted to
habitat conservation, restoration and enhancement, and operation and
maintenance of existing storm water facilities in the riparian area as necessary to
serve existing and future development.
Carlsbad LCPA 1 -2002D
Page 7
b. As a condition of development approval, the onsite coastal sage scrub shall be
protected by a buffer which shall include the slope upland of the habitat and a six
foot high, solid barrier wall permanently located at the top of the slope, to
separate the coastal sage scrub from the adiacent residential development. No
gates, openings or access to the habitat shall be provided through the barrier wall
from the residential lot to the open space; however, the upper two feet of the wall
may be plexiglass. The wall and its function as a habitat protection barrier shall
be maintained bv the Home Owners Association. All brush management for fire
protection shall occur on the residential side of the habitat barrier wall. No
clearing of the coastal sage scrub habitat shall be permitted. The buffer area shall
be secured through an easement or deed restriction that prohibits structures,
grading andor non-native plantings in the habitat buffer area. Revegetation of the
disturbed area adjacent to the wall shall occur utilizing native, non-invasive
species to reduce erosion potential, enhance habitat value and to screen the wall
from views toward the residential development from the east. The development
shall direct controllable noise and light sources away fiom the habitat areas and, if
plexiglass is utilized, no lighting shall be permitted within 20 feet of the barrier wall.
c. As a condition of development approval. the onsite areas of southern willow
scrub, riparian and wetland area shall be protected by a minimum 50-foot buffer
area, to the extent that the buffer can be phvsically accomodated on the subiect
site. Where the distance between the riparian area and existing adiacent
development to the west is less than 50 feet, the buffer shall be provided to the
maximum extent feasible. Remedial grading activities are allowed within the
buffer area to the minimum extent necessary to stabilize adiacent soil conditions
for safety and environmental protection purposes. The buffer area shall be
secured through an easement or deed restriction that prohibits structures andor
non-native plantings in the habitat buffer area. The buffer surrounding the
riparian habitat shall be enhanced through planting native vegetation determined
in consultation with the California Department of Fish and Game and the U.S.
Fish and Wildlife Service. Brush management for fire protection is not allowed in
the buffer area. Passive recreational uses such as sidewalks and seating areas are
allowable in the upper half of the buffer zone.
PART IV. FINDINGS FOR DENIAL OF THE CITY OF CARLSBAD MELLO
AS SUBMITTED AND APPROVAL IF MODIFIED AS
RECOMMENDED
I1 IMPLEMENTATION PLAN (THOMPSON-TABATA REZONE),
- A. AMENDMENT DESCRIPTIONS
The amendment changes the Carlsbad LCP implementation plan by rezoning a 82.2-acre
parcel (Thompson-Tabata) from Limited Control (L-C) to One Family Residential (R- 1)
and Residential Density Multiple (RD/M). The amendment is associated with a specific
project proposal that has been approved by the City to allow 238 single-family homes, a
24-unit condominium project, and associated amenities.
Carlsbad LCPA 1-2002D
Page 8
The Thompson-Tabata site contains approximately 1.8 acres of coastal sage scrub (CSS)
on steep slopes located in a narrow strip along the eastern boundary of the site, and a
riparian area of southern willow scrub (SWS) totalling approximately 0.1 acre located on
the western boundary of the site. In the approved permits, all of the coastal sage scrub
area is proposed to remain undisturbed and will be preserved as open space through an
open space easement. The preserved habitat will become part of the Zone 20 habitat
corridor proposed in the City’s draft Habitat Management Plan (HMP). The City
approval accepted mitigation for the removal of the 0.1 acre of riparian vegetation;
however, the property owner has submitted a revised tentative map which indicates
retention of all area delineated as wetland pursuant to the Coastal Act and provision of a
50 ft. buffer, where possible. The location of existing development and drainage
structures preclude the ability to provide a full 50 ft. buffer on the western and eastern
sides of the habitat. However, disturbance in the buffer zones will be minimized and
disturbed area revegetated with native, non-invasive species and secured as open space.
The Thompson-Tabata site lies on the west side of Aviara Parkway. When the east-west
extension of Poinsettia Lane is constructed through the property, approximately 11 acres
of the site will be located north of Poinsettia Lane and the remainder will be located to
the south. Access to the property will be from an existing intersection of Poinsettia Lane
and Rose Drive. Four existing local streets (Lemon Leaf Drive, Lonicera Street, Alyssum
Road, Rose Drive) will also be extended onto the project site for local circulation and
access. Adjacent development and land uses consist of single-family development to the
south, the Aviara Planning Area 25 open space and single-family development to the
east, a single-family subdivision to the north, and multi-family and single-family
subdivisions to the west. Topographically, the site is largely flat or gently rolling except
for manufactured slopes on the northern boundaries associated with the development of
Poinsettia Lane, and the 1.8 acre area of coastal sage scrub. Development will be sited in
existing disturbed areas and native habitat areas will be preserved as open space.
B. - PURPOSE AND INTENT OF THE ORDINANCE
The purpose and intent of the R-1 zone (One-Family Residential Zone) is to allow for
single family detached homes and associated structures. The RDM (Residential Density
Multiple) zone designation allows for townhouses, condominium and apartments, and
small-lot single family attached and detached homes. The L-C zone designation is given
to annexed properties and is an interim zone for areas where planning for future land uses
has not been completed or plans of development have not been formalized. The proposed
R-1 zone is also compatible with the existing adjacent residentially zoned properties and
probable future residential zones of the adjacent L-C zoned properties.
- C. MAJOR PROVISIONS OF THE ORDINANCE
The amendment provides for the change of zoning of the Thompson-Tabata site from L-
C to R-1 and RDM. The property is designated in the certified Mello I1 Land Use Plan as
Residential Low Medium (0-4 dua). The R-1 zone allows single-family residential
housing and associated amenities, sets a 35 foot height limit, establishes development
Carlsbad LCPA 1 -2002D
Page 9
standards for setbacks and placement of buildings, and provides other standards for
construction design and exterior appearance. The RD-M/Q zone allows multi-family
residential housing and associated amenities, sets a 14’ 1’’ height limit, and establishes
development standards for setbacks, placement of buildings and minimum lot area.
Additional development standards for this zone include provisions for minimum distance
between buildings and minimum parking requirements for residents and guests.
If the rezone is approved, the certified LCP requires the proposed development to obtain
site development plans and coastal development permits from the City Planning
Commission prior to building permit issuance.
Chapter 21.39 of the City’s zoning code provides, in part, the following requirements for
L-C zoning:
21.39.10 Intent and Purpose
The intent and purpose of the L-C zone is to provide an interim zone for areas
where planning for future land uses has not been completed or plans for
development have not been formalized. After proper planning or plan
approval has been completed, property zoned L-C may be rezoned in accord
with this title.
D. ADEQUACY OF ORDINANCE TO IMPLEMENT THE CERTIFIED
LUP /DENIAL 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 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 following resource protection policies are containediin the certified Mello I1 LUP:
Policy 3-7 states:
Wetlands and riparian resources outside the lagoon ecosystems shall be protected
and preserved. No direct impacts may be allowed except for the expansion of
existing circulation element roads identified in the certified LCP and those direct
impacts associated with the installation of utilities (i.e. water, sewer, and electrical
lines). There must be no feasible less environmentally-damaging alternative to
the proposed disturbance; any allowable disturbance must be performed in the
least environmentally damaging manner. Open space dedication of sensitive
resource areas is required.
Mitigation ratios for any temporary disturbance or permanent displacement of
identified resources shall be determined in consultation with the California
Department of Fish and Game and the U.S. Fish and Wildlife Service.
Appropriate mitigation ratios shall be determined based on site specific
information. Such information shall include, but is not limited to, the type and
Carlsbad LCPA 1 -2002D
Page 10
size of the development and or proposed mitigations (such as planting of
vegetation or the construction of fencing) which will also achieve the purposes of
the buffer. The buffer shall be measured landward from the delineated resource.
The California Department of Fish and Game and the United States Fish and
Wildlife Service shall be consulted n such buffer determinations. Buffer zones
shall be protected through the execution of open space easements and passive
recreational uses are restrictred to the upper half of the buffer zone.
Policy 3-8 states:
Buffer zones of 100 feet in width shall be maintained around all identified
wetland areas and 50 feet in width shall be maintained around all identified
riparian areas, unless the applicant demonstrates that a buffer of lesser width will
protect the identified resources, based on site specific information. Such
information shall include, but is not limited to, the type and size of the
development and/or proposed mitigation (such as planting of vegetation or the
construction of fencing) which will also achieve the purposes of the buffer. The
buffer shall be measured landward from the delineated resource. The California
Department of Fish and Game and the United States Fish and Wildlife Service
shall be consulted in such buffer determinations. Buffer zones shall be protected
through the execution of open space easements and passive recreational uses are
restricted to the upper half of the buffer zone.
Policy 4-3 of the certified Mello I1 LUP states, in part:
(b) All Other Areas
Any development proposal that affects steep slopes (25% inclination or
greater) shall be required to prepare a slope map and analysis for the affected
slopes. Steep slopes are identified on the PRC Toups maps. The slope
mapping and analysis shall be prepared during CEQA environmental review
on a project-by-project basis and shall be required as a condition of a coastal
development permit.
(1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and
Chaparral Plant communities: For those slopes mapped as possessing
endangered planthima1 species and/or coastal sage scrub and chaparral plant
communities, the following policy language applies:
(a) Slopes of 25% grade and over shall be preserved in their natural state
unless the application of this policy would preclude any reasonable use of the
property, in which case an encroachment not to exceed 10% of the steep slope
area over 25% grade may be permitted. For existing legal parcels, with all or
nearly all of their area in slope area over 25% grade, encroachment may be
permitted; however, any such encroachment shall be limited so that at no time
is more than 20% of the entire parcel (including areas under 25% slope)
permitted to be disturbed from its natural state. This policy shall not apply to
Carlsbad LCPA 1 -2002D
Page 11
the construction of roads of the City’s Circulation Element or the development
of utility systems. Use of slopes over 25% may be made in order to provide
access to flatter areas if there is no less environmentally damaging alternative
available.
The land use designation in the Mello II LUP designates the site as Residential Low Medium
(RLM) and Residential Medium (RM). The RLM designation allows single-family residential
development at a range from zero to four dwelling units per acre (dua), and the RM designation
allows single-family and multi-family development at a range from zero to eight dua. The
Residential Low Medium designation is on the eastern half of the site, totalling approximately
41.79 acres, and the Residential Medium designation is on the western half of the site, totalling
approximately 40.41 acres.
The proposed zoning and development proposal for the Thompson-Tabata site would
result in a residential density of 3.2 dua on the portion of the property designated RLM,
and 6.0 dua on the portion designated RM. The property is bordered to the north by the
Seaside Heights and Roesch single-family developments, to the east by vacant land, and to
the south by Poinsettia Lane and the Aviara development, with Aviara Parkway to the
west. The property is bordered by single-family and multi-family residential development
and open space. The residential densities are consistent with the land use designation in
the certified LUP. The Commission finds the proposed zoning designations are consistent
with the certified LUP land use designation and the zoning of surrounding properties.
The property contains areas of steep slopes (25%+) and/or native vegetation, 1.8 acres of
coastal sage scrub vegetation and approx. 0.1 acre of southern willow scrub (SWS)
riparian vegetation. Although gnatcatchers have not been found to occur on the
Thompson-Tabata site, the onsite areas of coastal sage scrub (CSS) may provide foraging
habitat. Commission staff has determined that the CSS and SWS contained onsite meet
the criteria for environmentally sensitive habitat area (ESHA). Pursuant to Section 30240
of the Coastal Act, ESHA shall be protected against any significant disruption of habitat
values, and only uses dependent on those resources shall be allowed in those areas. The
certified LUP allows up to 10% encroachment into sensitive vegetation on steep slopes
and does not provide for the protection of vegetation on non-steep areas. The LUP also
prohibits disturbance to wetland and riparian resources outside the lagoon ecosystems
such as those contained on the subject site. In any event, the Commission must address
protection of ESHA and other coastal resources where these resources are found
consistent with current laws which protect threatened or endangered species.
The purpose of the L-C zone is to provide an interim zone for areas where planning for
future land uses has not been completed, or plans for development have not been
formalized. A number of L-C properties, which were formerly used for agriculture but
are now becoming ready for development, exist within the coastal zone; several are
included in the Carlsbad draft HMP as hardline and standards properties. Although it is
anticipated that the L-C properties will be developed at urban intensities, the Mello I1
land use plan (LUP), which was originally certified in 198 1, does not address this zoning
designation or the projected urban transition and development of the L-C properties. In
order to avoid piecemeal conversion of these properties from agriculture to urban uses,
Carlsbad LCPA 1 -2002D
Page 12
staff has recommended that the City should revise the LCP to address the L-C properties
and provide a comprehensive plan for their development. Such an LCP amendment
would take into account the cumulative impacts of these land use conversions on existing
sensitive resources and current traffic patterns, and address resource protection
requirements based on site specific conditions.
Additionally, the LCP, which was certified in 198 1, has not been updated to adequately
protect environmentally sensitive habitat area (ESHA) and species such as the
gnatcatcher, which has been listed since the LCP’s certification. The LCP protects
sensitive native vegetation on steep slopes (>25%), but does not protect native vegetation
in flatter areas. It also does not contain specific buffer requirements for development
adjacent to upland sensitive habitat areas. The dual-criteria slope policy preserves natural
landforms and prevents erosion, but does not address the need to preserve rare native
plant communities, especially those which have been determined by federal or state
listing to be threatened or endangered. The gnatcatcher, which resides in the CSS
community, was listed as threatened by the USFWS in 1993, and several species within
the southern maritime chapparal communty were listed as threatened or endangered in
1996. Currently, over 200 plant and animal species in the San Diego region are listed or
proposed to be listed by federal or state governments as endangered, threatened, or rare.
The LCP does not include policies specifying how development in the L-C zone will be
comprehensively planned in a manner consistent with current laws protecting rare and
endangered species and the ESHA protection requirements of Section 30240 of the
Coastal Act.
When the LCP was certified, it was anticipated that the purpose of the L-C zone was to
provide an interim zone for areas not yet ready for development and where plans for
development had not been formalized. This purpose is stated in Section 2 1.39.01 0 of the
City’s zoning code (Title 21). This planning has not yet taken place. The City has
submitted several LCP amendments to rezone individual L-C properties, based on
individual site plans, but has not submitted an LCP amendment to revise and update the
LUP andor provide a comprehensive plan for the L-C zoned properties as a whole. The
City has stated that it intends to provide a comprehensive update of the LCP in future, to
address the HMP and other outstanding concerns. When the LCP is updated, a provision
will be incorporated to require those areas that have been placed under open space
easements for the purpose of habitat conservation, to be turned over to the management
of an appropriate conservation agency with responsibility for the overall HMP preserve
system.
These unresolved issues make it difficult to conclude that the proposed amendment to
rezone and enable a single property for residential development is sufficient to address
the underlying deficiencies of the LCP, which affect not only this individual site but all of
the undeveloped properties within the coastal zone. These deficiencies and the out-of-
date scope of the plan make it necessary for the City of Carlsbad to update and revise its
plan to reflect current requirements for habitat and species protection, and to provide
coordinated and comprehensive planning for the transition of agricultural lands, instead
of addressing these areas solely through site-specific, individual rezones. However, in
the absence of an LCP update, in consideration of the proposed rezone, the Commission
-.
Carlsbad LCPA 1-2002D
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must consider the development pattern of these L-C zoned properties that will be enabled
by the proposed rezone and establish development standards applicable to future
development which include the resource protection standards lacking in the current LCP.
In this particular case, the City has approved a 238 unit residential development on the
subject site and has accepted mitigation for removal of the riparian vegetation, although
the area is to be retained as passive recreational use in an open space lot. The coastal
sage scrub habitat is preserved as open space through an open space easement to be
maintained by the Homeowner’s Association. The property owner is willing to
incorporate changes into the plan to preserve the riparian area and establish buffer zones
adjacent to the coastal sage scrub habitat consistent with the policies of the certified LUP.
Such modifications would also address the deficiencies in the current LCP with regard to
upland habitat buffers.
However, as submitted, the Commission finds that the proposed rezone does not
acknowledge the open space potential of the sensitive habitat areas on the subject site, or
contain policy standards for future development of the site which will adequately protect
the habitat value consistent with the requirements of the LUP as interpreted in light of
Section 30240 of the Coastal Act. Therefore, the LCP amendment, as submitted, must be
denied.
E. FINDINGS FOR APPROVAL, IF MODIFIED
1. Habitat Protection
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 Municipal Code serves as
the Implementation Program for the Mello I1 segment of the certified Carlsbad LCP.
The Thompson-Tabata site is located within the Mello II land use planning area and is
currently zoned L-C. The site was formerly used for agriculture. The purpose of the L-C
zone is to provide an interim zone for areas where planning for future land uses has not
been completed, or plans for development have not been formalized. A number of L-C
properties, which were formerly used for agriculture but are now becoming ready for
development, exist within the coastal zone. Several of these properties are included in
the HMP with specified areas of onsite development and preservation that will be
approved (“hardline” properties, such as Thompson-Tabata). Other properties are
included in larger planning areas where general guidelines for preservation of habitat and
wildlife corridor creation will apply (“standards areas” properties). The site lies within a
“standards area” and within Local Facilities Management Zone 20 (Zone 20) as defined
by the City’s Growth Management Plan (GMP). The draft HMP provides that standards
areas in Zone 20 that are located between Linkage F and Core Area #6 in the draft HMP
are intended to support preservation of sensitive habitat and enhance wildlife movement
between these areas.
The Carlsbad HMP is being prepared to satisfy the requirements of a federal Habitat
Conservation Plan (HCP), and as a subarea plan of the regional Multiple Habitat
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Conservation Plan (MHCP). The MHCP study area involves approximately 186 square
miles in northwestern San Diego County. This area includes the coastal cities of
Carlsbad, Encinitas, Solana Beach and Oceanside, as well as the inland cities of Vista and
San Marcos and several independent special districts. The participating local
governments and other entities will implement their portions of the MHCP through
individual subarea plans such as the Carlsbad HMP. Once approved, the MHCP and its
subarea plans will replace interim restrictions placed by the U.S. Fish and Wildlife
Services (USFWS) and the California Department of Fish and Game (CDFG) on impacts
to coastal sage scrub and gnatcatchers within that geographical area, and will allow the
incidental take of the gnatcatcher and other covered species as specified in the plan.
The Carlsbad HMP and the MHCP will meet criteria for the California Department of
Fish and Game’s (CDFG) Natural Communities Conservation Planning process (NCCP).
The objectives of the southern California NCCP program include identification and
protection of habitat in sufficient amounts and distributions to enable long-term
conservation of the coastal sage community and the California gnatcatcher, as well as
other sensitive habitat types. Generally, the purpose of the HCP and NCCP processes is
to preserve natural habitat by identifying and implementing an interlinked natural
communities preserve system. Through these processes, the resource agencies are
pursuing a long-range approach to habitat management and preserve creation over the
more traditional mitigation approach to habitat impacts.
The standards areas involve several key undeveloped areas within the City that are
located within the proposed habitat linkage corridors. The City’s standards are focused
geographically, using the Local Facilities Management Zones identified in the City’s
growth management plan. These properties are proposed to have conservation goals and
standards which would allow at least 25% development of the site, but which provide for
minimum conservation of 67% of coastal sage scrub and 75% of gnatcatchers on each
site. Several areas have significantly higher standards for greater protection of individual
resource areas. Emphasis is placed upon creation of preservation corridors and linkage to
the larger MHCP habitat areas. Projects proposed within the standards areas also will
require additional consultation with the City and the wildlife agencies to determine
whether the project complies with the relevant standards and is consistent with the HMP.
Upon receiving approval of their development plans, these properties will receive take
authorization.
Additionally, when the LCP is updated, a provision will be incorporated to require those
areas that have been placed under open space easements, for the purpose of habitat
conservation, to be turned over to the management of an appropriate conservation agency
with responsibility for the overall HMP preserve system. In the absence of a
comprehensive LCP update, the Commission must consider the development pattern of
this L-C zoned property that will be enabled by the proposed rezone without LCP
development standards that address appropriate habitat buffers and open space linkages
and corridors. Since the open space portions of the Thompson-Tabata site will be
included in the HMP preserve area, the the proposed rezone should conform to the draft
HMP in order to avoid potential future conflicts between the LCP and the HMP. Staff is
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currently working with the City of Carlsbad to develop LCP and HMP standards which
will apply to future development on sites containing environmentally sensitive habitat
area, such as the subject site, to assure creation of a viable open space preserve system
within the coastal zone and provision of adequate habitat buffers for new development.
As submitted, the proposed LCP amendment addresses only the rezoning of the
properties and does not include the LCP policy language necessary to coordinate the LCP
and draft HMP.
In order to ensure preservation of the identified sensitive habitat areas, the Commission is
suggesting modifications to the rezone to incorporate requirements into the City’s
certified LCP zoning map which would be applicable to approved development on the
subject property. A condition of approval of the LCP amendment by the City
acknowledges potential revisions must be submitted to the Planning Department and
may require an amendment to the approval by the City. The suggested modifications
would prohibit disturbance of the on-site coastal sage scrub and riparian areas and
provide buffers adjacent to the habitat areas. The standards require the buffers to be
revegetated with native, non-invasive species and address brush management activities,
noise and lighting permitted adjacent to the buffer zones. The standards also require
construction of a six-foot high wall to separate residential areas fkom the coastal sage
scrub habitat. The standards also permanently restrict the allowable uses in both the
habitat and buffer areas to ensure habitat protection through a conservation easement.
No development shall be permitted within the habitat or buffer areas except as explicitly
provided by the notes on the certified Zoning Map. With such modifications, the
certified IP will ensure that the native vegetation habitat on the Thompson-Tabata site
will be protected consistent with current laws protecting rare and endangered species in
environmentally sensitive habitat areas.
Therefore, the Commission finds, in this particular case, that the Thompson-Tabata
rezone can be approved with suggested modifications ahead of a comprehensive LCP
update because the suggested modifications will protect the site’s environmentally
sensitive habitat. The preserved open space is also consistent with the habitat core and
linkage areas identified in the draft HMP. Revisions to the City’s approval of the
associated development proposal will be required and will prohibit disturbance to the on-
site riparian and coastal sage scrub vegetation. Adequate habitat buffer zones will be
provided. The proposed residential areas are located next to existing roads and utilities
that serve neighboring subdivisions, and will not require extension of services through
the open space areas. Based upon a comprehensive review of the Thompson-Tabata
development proposal, onsite resources, potential impacts, habitat buffers, relationship to
the HMP, and the provisions of the LCP, the Commission finds that, as modified, the
proposed rezone would be consistent with and adequate to carry out the resource
protection policies of the certified Mello I1 LUP.
2. Preservation of Agricultural Lands
Preservation of agricultural use has been addressed in the Mello II LUP as follows:
Section 30242 of the Coastal Act states:
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All other lands suitable for agricultural use shall not be converted to
nonagricultural uses unless (1) continued or renewed agricultural use is not feasible, or
(2) such conversion would preserve prime agricultural land or concentrate development
consistent with Section 30250. Any such permitted conversion shall be compatible with
continued agricultural use on surrounding lands.
Amendments to the Carlsbad LCP certified by the Commission in 1985 essentially allow
conversion of all of the agriculturally-designated lands within the City’s Mello I and I1
segments. Such conversion is allowed pursuant to either (1) a determination of
infeasibility of continued agricultural use based on area-wide studies, or (2) participation
in a mitigation program designed to offset the loss of agricultural lands, or (3) payment of
an agricultural mitigation fee.
The subject site is not designated in the Mello I1 LUP as either Prime or Non-Prime
Agricultural Land. Since the properties are within the Coastal Agricultural Overlay
Zone, the City’s approval has been conditioned to ensure payment of an agricultural
mitigation fee, which will mitigate the loss of agricultural resources by preserving or
enhancing other coastal resources. The proposed rezones are consistent with above stated
policy of the certified LUP pertaining to agricultural conversion, and are consistent with
the certified LUP.
PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
QUALITY ACT (CEOA)
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 21080.5, the Commission is relieved of the
responsibility to prepare an EIR for each LCP.
Nevertheless, the Commission is required in a LCP submittal or, as in this case, a LCP
amendment submittal, to find that the LCP, or LCP, as amended, conforms to CEQA
provisions. The proposed Thompson-Tabata rezone, if modified as suggested by the
Commission, will not result in an intensity of land use incompatible with the surrounding
development, and on balance will result in clustered development and enhanced
protection of coastal resources. The Commission’s suggested modifications assure
protection of coastal sage scrub and riparian habitat from disturbance by residential
development that will be allowed under the new zoning. The Commission finds that
there are no feasible alternatives or feasible mitigation measures available which would
substantially lessen any significant adverse effect that the LCP amendments may have on
the environment. Therefore, in terms of CEQA review, the Commission finds that
approval of the LCP amendment will not result in any significant adverse environmental
impacts.