HomeMy WebLinkAboutLCPA 98-09; Roesch Property Residential Subdivision; Local Coastal Program Amendment (LCPA) (6)STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO. CA 92108-4402
(619) 767-2370
May 30,2001
Tue 6a
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SAM, DISTRICT MANAGER, SAN DIEGO
KERI AKERS, COASTAL PROGRAM ANALYST
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD ZONE 20 LCP
SEGMENT MAJOR AMENDMENT NO. 1-2000A (Roesch) (For Public
Hearing and Possible Commission Action at the Meeting of June 12-15,
2001)
SYNOPSIS
SUMMARY OF AMENDMENT REQUEST
The subject amendment request revises the certified Mello 11 Implementation Program. The
request rezones a 27.7-acre parcel (Roesch) from Limited Control (L-C) to One-Family
Residential (R-1-7,500-Q) on 5.83 acres and Open Space (0-S) on 21.87 acres. On May 15,
2000, the City of Carlsbad’s proposed Local Coastal Program Amendment (LCPA) #98-09
was received in the San Diego District office. At the July 2000 meeting, a time extension on
the LCP amendment package was granted by the Commission to allow time for review and
recommendations on the draft Carlsbad Habitat Management Plan (HMP) and a pending
appeal on the coastal development permit (CDP) for the Carlsbad municipal golf course,
which is also part of the HMP. The Roesch amendment is going forward at the June, 2001
hearing at the request of the City of Carlsbad.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending approval of the proposed amendment as submitted. The Roesch
rezone is consistent with the certified Mello 11 LUP in that the rezone would not allow a
greater density on the site than the certified Residential Low Medium (RM 0-4 du/ac) land
use designation would allow and does not conflict with any of the LUP’s resource protection
policies. The associated development proposal for 2 1 single-family lots would impact 1.37
acres of southern maritime chaparral (SMC) which has been determined to be an
environmentally sensitive habitat area (ESHA) according to Section 30107.5 of the Coastal
Act. However, the development proposal associated with the rezoning will result in
clustering of development adjacent to existing facilities (roads, utilities, etc.), and will place
into preservation the largest contiguous areas of native vegetation with the highest habitat
value in the north and west portions of the site. This proposal provides greater resource
protection and fewer impacts than alternative development proposals which could place
Carlsbad LCPA I -2000A
Page 2
development in scattered areas throughout the site and which would not include open space
preservation. The appropriate resolutions and motions can be found on PaPe 4. The findings
for approval of the amendment begin on Page 5.
BACKGROUND
Carlsbad Local Coastal Program (LCP)
The City’s certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello II, West Batiquitos LagoodSammis Properties, East Batiquitos Lagoon/Hunt
Properties and Village Redevelopment. 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 West Batiquitos
Lagoon/ Sammis Properties segment was certified in 1985. The East Batiquitos Lagoonmunt
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 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 I1 segment.
Carlsbad Habitat Management Plan (HMP)
The Roesch property is included within a proposed “standards area” of the draft Carlsbad
HMP, which provides limitations on development and resource impacts within that area. The
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 US.
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.
Roesch Rezone and the HMP
The Commission has postponed a decision on the Roesch rezone request while attempts have
been made to resolve issues related to the City’s draft HMP and the City golf course. Intially,
Commission staff felt that because the property was included in the HMP as a standards area,
and would contribute acreage to the HMP habitat corridor, the rezone should most
appropriately be addressed concurrently with or after approval of the final HMP to ensure
consistency. However, as of this date, the HMP has not been finalized and the Commission
Carlsbad LCPA 1 -2000A
Page 3
remains in discussion with the City about requirements for that document and for the City
golf course. Section 30517.5 of the Coastal Act requires Commission action on the subject
IP amendment no later than July 15,2001.
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 1-2000A
Page 4
PART I. OVERVIEW
A. STANDARD OF REVIEW
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. Pursuant to
Section 305 13 of the Coastal Act, the Conmission 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 findings. 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 Implementation Plan Amendment #1-2000A [Roesch],
as submitted)
MOTION I
I move that the Commission reject the City of Carlsbad Mello I1 Implementation Plan
Amendment #1-2000A [Roesch], as submitted.
Staff Recommendation
Staff recommends a mvote 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 I
The Commission hereby approves certification of the implementation amendment to the
City of Carlsbad’s Local Coastal Program on the grounds that the amendment does
conform 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.
Carlsbad LCPA 1 -2000A
Page 5
PART I11 FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO
I1 IMPLEMENTATION PLAN, AS SUBMITTED
1. AMENDMENT DESCRIPTION/ROESCH REZONE
The amendment changes the LCP implementation plan (IP) by rezoning a 27.7-acre parcel
(Roesch) from Limited Control (L-C) to One-Family Residential (R-1-7,500-Q) on 5.83 acres
and Open Space (0-S) on 21.87 acres. The amendment is associated with a specific project
proposal which has been approved by the City to subdivide 5.83 acres of the site into 21
single-family lots which vary in size from 7,554 square feet to 16,274 square feet. The
remainder of the site (21.87 acres) will be placed into open space with a dedicated open
spacekonservation easement, and will become part of the habitat corridor proposed in the
City’s draft HMP. Central sewer service will be extended to the proposed lots along the
project access road from an existing sewer main on Brigantine Drive, and will not cross or
otherwise impact the proposed open space area. The project site is located on Brigantine
Drive, north of Poinsettia Lane, between Aviara Parkway and Black Rail Road. The project is
bordered to the north and east by the Mariano and Ocean Bluff subdivisions, and to the west
by the Sambi subdivision. A 150’-wide north-south power line easement also crosses the
western portion of the property. An existing access road will function as a public trail
through the property. Vehicular access to the property is from Brigantine Drive, which takes
access from Poinsettia Lane.
Topographically, the site slopes downward from east to west, from approximately 3 16’ to
180’ along the northern boundary and from 290’ to 230’ along the southern boundary. The
site drains to the north through a north-south natural drainage course created by steep slopes
which form a canyon within the western portion of the site. Portions of the property have
previously been used for agricultural purposes; the proposed single-family lots will be sited
within the largest of the agriculturally-disturbed areas in the southeastern comer of the
property. The site is not subject to the agricultural preservation policies of the Carlsbad LCP
because it was not included in the certified agricultural overlay zone. The subject site is
located within the non-appealable area of the City’s coastal development permit jurisdiction.
a) Pumose 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 with a minimum lot size of 7,500 sq.ft.. 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.
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
Carlsbad LCPA 1 -2000A
Page 6
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 amendment provides for the change of zoning of the identified parcel from L-C to R-1 and 0-S.
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. two-car) and
that each residence has a permanent foundation. Other requirements pertain to the
composition of exterior siding of residences, specifications regarding roof pitches
and minimum width of residences.
The Roesch property is located within a proposed “standards area” of the HMP,
which requires approximately 75% conservation of the site for biological open
space, to enable the connection of habitat preserve areas to the east and north.
The 0-S 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) Adeauacy of Ordinance to Implement the Certified LUP. 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 resource protection policies of the certified LUP provide that coastal resources should be
protected through open space dedications. For example, Policy 3-7 of the certified Mello 11
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
Carlsbad LCPA 1-2000A
Page 7
space should also be reserved in open space. The amendment would change a portion of the
parcel’s LCP zoning designation to Open Space to reflect the fact that the specified area is
intended to function as a habitat corridor linkage.
Policy 4-3 of the certified Mello I1 LCP 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 andor Coastal Sage Scrub and Chaparral
Plant communities: For those slopes mapped as possessing endangered
planuanimal species andor 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 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 Mello I1 LUP designates the site as Residential Low Medium (RLM). The RLM
designation allows single-family residential development at a range of zero to four dwelling
units per acre (du/ac). The density of the proposed single-family subdivision is 1.34 dwelling
units per acre. The surrounding properties are designated RM and RLM (0-4 du/ac).
Therefore, the Commission finds the proposed zoning is consistent with the certified LUP
land use designation.
Carlsbad LCPA 1 -2000A
Page 8
IMPACTS TO COASTAL RESOURCES AND HABITAT
Carlsbad HMP and the Habitat Conservation Planning Process
The Roesch property is included within a proposed “standards area” of the draft Carlsbad
HMP, which provides limitations on development and resource impacts within that area. The
Carlsbad HMP is being prepared to satisfy the requirements of a federal Habitat Conservation
Plan (HCP), and will function 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.
The HCP process is a requirement of the Endangered Species Act, which prohibits the “take”
of listed threatened and endangered species. As defined in Section 3(18) of the Federal
Endangered Species Act, “the term ‘take’ means to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to engage in any such conduct.” The Act, however,
allows the USFWS to permit take that is incidental to some otherwise lawful activity. As part
of the application for an incidental take permit (IT.Ps), the applicant must prepare and submit
an HCP to the USFWS.
In southern California, a regional approach has developed in which multiple local
governments and large landowners apply for one or more ITPs to address overall regional
geographical area. Mitigation measures include acquisition or other protections of
replacement habitat, mitigation banks, mitigation credits, and enhancing, restoring or creating
habitat. Regional management has generally involved establishing, acquiring and managing
habitat preserves.
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.
Carlsbad LCPA 1 -2000A
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Within the draft HMP, the City has identified approximately 4,459 acres of existing preserve
area, wnich will be added to 1,437 acres of proposed hardline conservation areas, for a total
of 5,896 acres. This hardline preserve is consistent with the area proposed in the MHCP.
Other properties located along the habitat corridor (including the Roesch property) will have
“standards” applied for a combination of development and preservation, and are expec’ed to
eventually contribute approximately 504 additional acres within the geographical area.
Mitigation measures include acquisition or other protections of replacement habitat,
mitigation banks, mitigation credits, and enhancing, restoring or creating habitat. Regional
management has generally involved establishing, acquiring and managing habitat preserves.
The standards areas involve several key undeveloped areas within the City that are located
within the proposed habitat linkage corridors, but which do not yet have proposed
development plans for individual properties within those areas. 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.
Although the rezone would take place prior to approval of the Carlsbad HMP, this
recommendation is not dependent on the HMP. The development proposal does not involve
take of the California gnatcatcher or other listed wildlife, and therefore does not require
approval of the HMP and issuance of an ITP. The rezone would place 2 1.87 of the 27.62-
acre site into a permanent open space area (0-S), which will ultimately become part of the
planned HMP habitat corridor. Rezoning the preserve area as open space (0-S), instead of
placing it into a residentially-zoned easement, provides added assurance that the open space
will be preserved even if the HMP is not approved.
Impacts to ESHA
The onsite southern maritime chaparral (SMC) vegetation community located in the
southeastern corner of the parcel is an environmentally sensitive habitat area (ESHA). The
LCP amendment would would allow development of approximately 1.37 acres of southern
maritime chaparral in the southeast corner of the property, to provide adequate grade slope
for a central sewer. The proposed grading would result in direct impacts to raptor nesting and
foraging habitat, and would result in indirect impacts to the foraging area of at least two pairs
of coastal California gnatcatchers. Sensitive plants impacted by removal of the SMC include
Nuttall’s scrub oak (Quercus chumosa), wart-stemmed ceanothus (Ceanothus verrucosus)
and western dichondra (Dichondra occidentalis).
Although gnatcatchers have not been found to occur on the site, the onsite areas of coastal
sage scrub may provide foraging habitat for gnatcatchers located on neighboring properties.
The property contains numerous areas of native vegetation and steep slopes (25%+) outside
Carlsbad LCPA 1 -2000A
Page 10
of the proposed development location which will be included in the open space area. As
provided in the Mitigated Negative Declaration dated July 19, 1999, the applicant is required
to dedicate an open spacelconservation easement to the City of Carlsbad or other acceptable
entity over the proposed open space area. To mitigate any potential disturbance to
gnatcatchers, prior to commencing gr: ling activities the applicant must have a survey for
gnatcatcher nests conducted by a qualified biologist; if any nests are found, no grading or
removal of habitat may take place within 200 feet of active nesting sites during the
nestinghreeding season (mid-February through mid-July.)
The Roesch rezone and development proposal will place 76% of the site in open space, with a
minimum habitat corridor of 500 feet, and will conserve 100% of onsite CSS. The LCP
amendment provides significantly more protection for coastal resources than would be
provided by meeting the minimum standards of the certified LCP, which allows up to 10%
encroachment into sensitive vegetation on steep slopes, disturbance of steep slopes in order to
obtain access to developable areas, and contains no provisions for concentration of
development. The LCP amendment and associated development proposal will preserve the
majority of the property and valuable habitat, cluster the proposed lots on the least sensitive
portion of the site (previously used for agriculture), and will locate the access road and
utilities in a manner that will not require crossing of the wildlife corridor. The proposed
residential area is located next to existing roads and utilities which serve neighboring
subdivisions, and will not require extension of services through the open space area.
As an alternative, the grading plan on the south side of the development proposal could be
revised to avoid direct impact to the SMC. However, such a revision would likely prevent
central sewer service from being provided to the majority of the southern and western
portions of the proposed development area, and would result in a significant loss of lots. As a
result, there would be little incentive to create an open space preserve instead of placing
scattered lots on other, more remote areas of the site which would still be considered
accessible and developable under the certified LUP. Although the development proposal
would impact 1.37 acres of SMC, its density is greatly reduced from that allowed in the LUP,
it promotes the concentration of development away from the proposed regional habitat
preserve and linkage corridors, and establishes a larger, viable and unfragmented
preservation area which will promote wildlife movement throughout this planning area.
Having taken into account a comprehensive review of the Roesch development proposal,
including onsite resources, potential impacts, relationship to the HMP, and the provisions of
the LCP, the Commission finds that approval of the Roesch rezone and associated
development proposal would result in clustered development and provide the greatest amount
of protection for sensitive coastal resources. The rezoning and development proposal are
consistent with the certified LCP, the HMP planning standards and the overall HMP goals.
Based upon the above findings, the Commission approves the requested amendment, as
submitted.
Carlsbad LCPA 1-2000A
Page 11
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 Roesch rezone will not result in an intensity of land use
incompatible with the surrounding development, and on balance will result in clustered
development and maximized protection of coastal resources. The Commission finds that there
are no feasible alternatives or feasible mitigation measures available which would
substantially lessen any significant adverse effect which the LCP amendment 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.