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HomeMy WebLinkAbout2011-05-24; City Council; Resolution 2011-112EXHIBIT 8 1 RESOLUTION NO. 2011-112 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A LOCAL COASTAL 3 PROGRAM AMENDMENT (LCP) TO AMEND: 1) THE LCP ZONE MAP, 2) THE AGUA HEDIONDA SEGMENT LCP LAND USE 4 PLAN, 3) THE MELLO II SEGMENT LCP LAND USE PLAN, 4) THE IMPLEMENTING ORDINANCE OF THE CARLSBAD LOCAL 5 COASTAL PROGRAM (TITLE 21- ZONING) TO ADD AND ENACT CHAPTER 21.209 AND TO AMEND SECTION 21.05.010 6 AND CHAPTER 21.06, 5) THE CITY OF CARLSBAD ZONING MAP, AND 6) THE CARLSBAD RANCH SPECIFIC PLAN 7 SP 207(1) TO IMPLEMENT PROPOSITION D FOR THE CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS. 8 CASE NAME: PROP D - CANNON ROAD AGRICULTURAL AND OPEN SPACE LANDS 9 CASE NO.: LCPA 09-05 10 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning 11 Commission did, on December 1, 2010, hold a duly noticed public hearing as prescribed by law 12 to consider a Local Coastal Program Amendment (LCPA 09-05), and adopted Planning 1^ Commission Resolution No. 6737 recommending to the City Council approval of LCPA 09-05. 14 WHEREAS, the City Council did on the 24th day of May 2011 hold a 15 duly noticed public hearing as prescribed by law to consider the Local Coastal Program '" Amendment; and 1 71' WHEREAS, at said public hearing, upon hearing and considering all testimony 1 8 and arguments, if any, of all persons desiring to be heard, the City Council considered all factors 19 relating to the Local Coastal Program Amendment. 20 NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resolve as follows: 22 1. That the above recitations are true and correct. 23 2. That the findings of the Planning Commission as set forth in Planning 24 Commission Resolution No. 6737 on file with the City Clerk and made a part hereof by reference, constitute the findings of the City Council in this matter. 25 3. That the Planning Commission recommended amendments to the zoning 26 ordinance (ZCA 09-02), zoning map (ZCA 09-06), and Carlsbad Ranch Specific Plan (SP 207(1) as shown on Planning Commission Resolution Nos. 6735, 6736, and 6738 be approved and 27 incorporated herein by reference. 28 /// 1 4. That the application for a Local Coastal Program Amendment (LCPA 09- 05) is adopted and approved as shown in Planning Commission Resolution No.6737, on file 2 with the City Clerk and incorporated herein by reference, except as modified as follows 3 That the revisions further modifying Policies 2.1, 2.2 and 2.3 as shown on "Attachment A - "Revised Exhibit B - Agua Hedionda" be approved and incorporated into the Agua Hedionda 4 LCP Land Use Plan. 5. That the approval of LCPA 09-05 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. 7 /// 8 /// 9 /// 10 /// 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of May , 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Packard. NOES: None. ABSENT: Council Member Douglas. MATT HALL, Mayor ATTEST: )RRAINE M. WOOD, City Clerk (SEAL) ATTACHMENT A "Revised Exhibit B - Agua Hedionda" ADOPTED MAY, 1982 Kelly Ranch LCP Amendment July 11, 2000 Habitat Management Plan LCP Amendment August 8, 2003 NPDES Update August 14, 2006 Cannon Road Agricultural/Open Space Zone Amendment XXXXXX uncontrolled access into the buffer area. Private recreation and landscape improvements in the buffer area shall be made in consultation with the State Department of Fish and Game. Maintenance of the buffer area shall be the responsibility of the homeowners association. c) The area beyond the developable portion of the property and the buffer area shall be dedicated in fee or easement to an appropriate public agency. Access to this area shall be restricted to scientific, educational or other uses consistent with resource management in a manner acceptable to the State Department of Fish and Game. 1.5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing shall be designated RLM (0-4 units per acre). 1.6 To enhance public recreation activities, the area between Snug Harbor and Hoover Street shall be designated RC, for recreational commercial use. 1.7 The area designated "Community Park" shall be zoned open space (OS). Cannon Road Agricultural/Open Space (CR-A/OS) and yuses in this area shall be regulated by the open space that zone, aad All uses shall be sited so that there are no significant adverse impacts on remaining agricultural lands, wildlife habitats and environmentally sensitive areas. 1.8 The "Ecke" property shall be regulated as follows: a) The primary use of the site shall be aquaculture. Other coastal dependant and visitor-serving commercial uses shall be allowed, provided they occupy no more than 50% of the site. b) As secondary uses, in the interim period while aquaculture alternatives are being studied, other uses may be permitted which would necessitate minimal site disturbance or capital investment, including active recreation (fishing, tent camping, etc.), beach access parking, short-term recreational vehicle parking, and temporary accessory commercial facilities (bait-and-tackle shop, food concession, etc.); c) All uses shall be regulated by conditional use permit. All proposed uses shall be conditioned to provide all access improvements required by this plan, and shall provide peripheral landscaping which at maturity will screen all objectionable improvements (i.e., aquaculture facility, outside storage, parking areas, etc.) as viewed from Carlsbad Boulevard. 1.9 Building height shall be limited to a maximum of 35 feet. Building setbacks and lot coverage shall be regulated by the applicable zoning designation, except as specifically modified in this plan, 1.10 The 45 acre parcel owned by SDG&E located on the south shore immediately east of the freeway shall be designated TS, Travel Services. Conversion of the property to commercial development shall be subject to a future specific plan and the applicable policies relating to agricultural conversion. A future specific plan will be required by the City for development of the property. 16 Agricultural activities in the plan area are limited to south shore properties. This area is contiguous with other large agricultural lands to the south and east. Policies 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and the policies of this plan. Conversion of agricultural property to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Prpgjanu 2.2 The south shore agricultural lands identified as OS on Exhibit "C" to this nlan shall be designated "Open Space". This area shall be zoned "Exclusive Agriculture" in tho implementation phase of the plan, and zoned "Cannon Road Agricultural/Open Space (CR-A/OSV. The continuation of agricultural use of these lands shall be supported for as long as it remains economically viable for the landowner. When the landowners determine that agriculture is no longer economically viable, other open space uses shall be permitted consistent with and subject to the provisions of Carlsbad Municipal Code Chapter 21.209 - Cannon Road Agricultural/Open Space Zone, which is incorporated herein by reference. Nothing in this plan prohibits or limits the continuation of the following utility uses which are also permitted as a matter of right in the Cannon Road Agricultural/Open Space Zone: Energy transmission and distribution faci!itiesT including but not limited to rights-of-way and pressure control or booster stationsT substations, gas metering/regulating stations or operating centers for ^asolineT electricity, natural gas, synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto, together with utility buildings/facilities that are built, operated or maintained bv a public utility to the extent they are regulated by the California Public Utilities Commission. 2.3 Conversion of the 45-acre SDG&E south shore property identified as TS on Exhibit "C" to this plan shall be subject to the following conditions: a) Prior to development SDG&E shall record a permanent open space easement over the remaining qgriculturalQS lands on said Exhibit "C" in favor of the City of Carlsbad. Said easement shall not prohibit or limit the following utility uses which are also permitted as a matter of right in limit uses to thpgc agriculture, utility-right-of-way and maintenance, roadways, and rocrcation trails that do not interfere with -agricultural operationoand other open space uaco subject-to the provisions -o^-the Cannon Road Agricultural/Open Space Zone: Energy transmission and distribution facilities, including but not limited to rights-of-way and pressure control or booster stations, substations, gas metering/regulating stations or operating centers for gasoline, electricity, natural gasT synthetic natural gas, oil or other forms of energy sources, with the necessary accessory equipment incidental thereto, together with utility buildings/facilities that are built, operated or maintained bv a public utility to the extent they are regulated by the California Public Utilities Commission. Conversion of these remaining lands to non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. 18 b) SDG&E shall provide a written report demonstrating to the satisfaction of the City, that preservation of the site is not necessary to assure reasonable expansion opportunities for the Encina Power Plant in accordance with Coastal Act Section 30413(b), and that future expansion could reasonably be accommodated at the present power plant site. Said report shall be a requirement of a future specific development plan for the property. c) Prior to issuance of a permit for development of the parcel, the owner shall make a portion of the site available for development as a public recreational use if the City finds that current or future recreational needs require the development of such uses in the south shore portion of the Land Use Plan area. d) In the event that the Carlsbad Local Coastal Plan is amended to allow for a City- sponsored agricultural program, SDG&E may apply for inclusion in the amended program. Development of the parcel with non-agricultural uses shall be subject to the City's Agricultural Conversion Mitigation Fee Program. 19 7. SHORELINE ACCESS • Coastal Act Policies 30210. In carrying out the requirement of Section 2 of Article XV of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse. 30211. Development shall not interfere with the public's right of access to the sea where acquired through use, or legislative authorization, including, but not limited to, the use of dry sand and rock coastal beaches to the first line of terrestrial vegetation. 30212. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be adversely affected. Dedicated access ways shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the access way. Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Section 66478.1 to 66478.14, inclusive, of the Government Code and by Section 2 of Article XV of the California Constitution. 30212.5 Wherever appropriate and feasible, public facilities including parking areas or facilities shall be distributed throughout an area so as to mitigate against the impacts, social and otherwise, of overcrowding or overuse by the public of any single area. • Discussion Public access to, and along the coast, is a basic requirement of the Coastal Act. Access is generally referred to as lateral (along the shoreline or blufftops) and vertical (access from a public road or easement to the shoreline). Access ways may consist of bike trails, hiking trails, viewpoints, stairs, parking areas, public transit and relevant support facilities. The public's rights of access to the water areas can partially be provided for by existing utility easements and leasehold interests (i.e., sewer, water) held by the City. The Land Use Plan calls for additional vertical and lateral access ways to be acquired either through agreements with the property owners or as conditions of approval for development. There are factors which limit the desirability of unrestricted access to the lagoon. Along the south shore, the slope conditions are such that attempts and the location of natural habitat areas severely limit the feasibility ofte providing® usable access to the water's edge, could only be accomplished through extensive grading with its potentially detrimental impacts, and would also-bc disruptive to the agricultural activities along this bluff. It is therefore proposed that public access to the south shore will be-limitod to viewing areas and pocket beaches that do not interfere with agricultural production or impact environmentally sensitive areas shall 51 only be considered at locations that minimize grading and avoid and/or minimize impacts to environmentally sensitive habitat areas. The wildlife preserve proposed for the easterly portion of the lagoon and the adjacent mudflats should also be protected from uncontrolled access, except as needed for management/maintenance activities. The public beach area at the mouth of the lagoon currently provides parking and limited support facilities. Informal pedestrian access is provided at the south end of the beach area, through SDG&E property. Dirt walking trails exist along much of the north shore area. The most heavily used appears to be the shoreline area between the YMCA on the middle lagoon, and the beach/fishing areas on the outer lagoon. Primary bicycle routes currently developed include designated routes along El Camino Real and Carlsbad Boulevard. The coastal route along Carlsbad Boulevard is part of a regional bikeway providing continuous bicycle access from Oceanside, south to Del Mar. Policies 7.1 Bicycle routes, and accessory facilities such as bike racks, benches, trash containers and drinking fountains shall be installed at the locations indicated on Exhibit I. 7.2 Pedestrian access ways shall be located as shown on Exhibit J. 7.3 All pedestrian trails shall be constructed to a minimum width of 5 feet. Combination bicycle/pedestrian trail shall be a minimum 10 feet wide. 7.4 Vertical pedestrian access easements shall be a minimum 10 feet in width. Combina- tion bicycle/pedestrian easements and lateral easements shall be a minimum 25 feet in width. 7.5 Bike route and pedestrian improvements shall be financed according to the following criteria: (1) Routes through established neighborhoods such as Carlsbad Boulevard and Tamarack Avenue shall be financed with City, State or Federal funds. 52 "51