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HomeMy WebLinkAbout2021-09-16; Local Coastal Program Land Use Plan Update Status (Districts -All); Barberio, GaryTo the members of the: CITY COUNCIL Qate ta./,1#/:J.t CA� CC .L CM _L ACM L_ DCM {3) L Council Memorandum Sept. 16, 2021 To: From: Via: Re: Honorable Mayor Hall and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Jeff Murphy, Community Development Director Geoff Patnoe, Assistant City Managerr?::) Local Coastal Program Land Use Plan'trpaate-Status (Districts -All) {city ofCarlsbad Memo ID #2021173 This memorandum provides information on the status of the Local Coastal Program (LCP) Land Use Plan, the anticipated City Council hearing date, and where to find more information about the draft LCP Land Use Plan. Background The California Coastal Act (Act) requires cities along the California coast (within the Coastal Zone) to prepare an LCP that implements the Act. Carlsbad's existing LCP was approved in the 1980s. In November and December 2014, the city received two grants from the California Ocean Protection Council and California Coastal Commission, for a total of $228,000 in grant funds, to evaluate and-establish policies to address sea level rise and to comprehensively update the city's LCP. The draft LCP Land Use Plan, including policies that address sea level rise, was released for public review in October 2019. In December 2019 and January 2020, staff presented an informational overview of the draft LCP Land Use Plan to the Planning Commission and City Council, respectively. Discussion On Dec. 2, 2020, Jan. 6, 2021, and Jan. 13, 2021, the Planning Commission held a public hearing to consider the draft LCP Land Use Plan, including associated amendments to the LCP land use and zoning maps, the Village and Barrio Master Plan and Poinsettia Shores Master Plan. On Jan. 13, 2021, the Planning Commission voted unanimously to recommend approval of the draft LCP Land Use Plan and associated amendments, with revisions. Staff is currently preparing a City Council staff report, which is tentatively scheduled for the Oct. 12, 2021, City Council meeting. The City Council previously received a Council Memorandum, dated July 1, 2021 (Attachment A), that stated the item was tentatively scheduled for the Aug. 24, 2021, City Council meeting. However, the item was postponed until a City Council member was appointed for District 1. Community Services Branch Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-4600 t Council Memo -Local Coastal Program Land Use Plan Update -Status (Districts -All) Sept. 16, 2021 Page 2 During the drafting of the LCP Land Use Plan, the community participated in three workshops, stakeholder meetings, city website updates, and by submitting written comments on the draft LCP Land Use Plan. The community, including those who participated in the aforementioned public engagement efforts (provided that contact was provided), will be informed of the upcoming City Council meeting bye-update, website, newspaper, and a postcard mailed to all property owners in the Coastal Zone. The same was done for the Planning Commission hearing. Below are website links to the draft LCP Land Use Plan and other relevant documents. Hard copies can be provided upon request. Due to the large file size, the links may take longer than expected to open. • Draft Local Coastal Program Land Use Plan, dated September 2019:· https ://www .ca rlsbadca .gov /ho me/ showpu b I is heddocu me nt/5807 / 63 7 56592 7 6517 30000 • Staff Report to the Planning Commission: https://records.carlsbadca.gov/Weblink/DocView.aspx?id=5299604&dbid=0&repo=CityofCarlsbad • Planning Commission Resolution No. 7389 (recommends approval of the draft plan with revisions): https://records.carlsbadca.gov/Weblink/DocView.aspx?id=5299606&dbid=0&repo=CityofCarlsbad • Local Coastal Program Update webpage, including public comment letters: https://www.carlsbadca.gov/departments/community-development/planning/local-coastal-program- and-zone-code-update/phase-2-local-coastal-program-update Next Steps On Oct. 12, 2021, a City Council public hearing is scheduled to consider approval of the draft LCP Land Use Plan and associated amendments to the land use and zoning maps, the Village and Barrio Master Plan and Poinsettia Shores Master Plan. Following City Council action, staff will submit the draft LCP Land Use Plan and associated amendments to the California Coastal Commission for review and approval. The LCP Land Use Plan update will become effective when certified by the California Coastal Commission. Attachment: A. Council Memorandum dated July 1, 2021 (Due to the size of Attachment A, a hardcopy is on file in the Office of the City Council, as reference) cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Kristina Ray, Communication & Engagement Director Don Neu, City Planner Eric Lardy, Principal Planner Jennifer Jesser, Senior Planner Attachment A To the members of tre: CITY COUNCIL Date 1 /,, /:1.l CA _{_ cc ✓ CM ✓ ACM L DCM (3) ✓ Council Memorandum July 1, 2021 To: From: Via: Re: Honorable Mayor Hall and Members o Jeff Murphy, Community Development Dir Gary Barberio, Deputy City Manager, Co Geoff Patnoe, Assistant City Manager r y Services Status of the Local Coastal Program Update (Districts -All) {city of Carlsbad Memo ID #2021131 This memorandum provides information on the status of the Local Coastal Program Update and related community engagement for an upcoming City Council meeting, which is tentatively scheduled for Aug. 24, 2021. Background The California Coastal Act (Act) requires cities along the California coast, within the Coastal Zone, to prepare a Local Coastal Program that implements the Act. Carlsbad's existing Local Coastal Program was approved in the 1980s. In November and December 2014, the city received two grants from the California Ocean Protection Council and California Coastal Commission, for a total of $228,000 in grant funds, to evaluate and establish policies to address sea level rise and to comprehensively update the city's Local Coastal Program. The draft Local Coastal Program Land Use Plan, including policies that address sea level rise, was released for public review in October 2019. In December 2019 and January 2020, staff presented an informational overview of the draft Local Coastal Program Land Use Plan to the Planning Commission and City Council, respectively. Discussion On Dec. 2, 2020, Jan. 6, 2021 and Jan. 13, 2021, the Planning Commission held a public hearing to consider the draft Local Coastal Program Land Use Plan, including associated amendments to the Local Coastal Program Land Use Plan and zoning maps, the Village and Barrio Master Plan and Poinsettia Shores Master Plan. On Jan. 13, 2021, the Planning Commission voted unanimously to recommend approval of the draft Local Coastal Program Land Use Plan and associated amendments, with revisions. Staff is currently preparing a City Council Staff Report that requests City Council approval of the draft Local Coastal Program Land Use Plan and associated amendments, with revisions recommended by the Planning Commission. The item is tentatively scheduled for the Aug. 24, 2021, City Council meeting. Council Memo -Status of the Local Coastal Program Update (Districts -All) July 1, 2021 Page 2 In advance of the Aug. 24, 2021, City Council meeting, the community will be informed ofthe upcoming City Council meeting bye-update, website, newspaper, and a postcard mailed to all property owners in the Coastal Zone, as was done for the Planning Commission public hearing. During the drafting of the Local Coastal Program Land Use Plan, the community participated in three workshops, stakeholder meetings, city website updates, and by submitting written comments on the draft Local Coastal Program Land Use Plan. More information about community participation is described in the Dec. 2, 2020, Staff Report to the Planning Commission (Attachment A). For the City Council's information, a copy of the draft Local Coastal Program Land Use Plan, dated September 2019, can be viewed via the following link. A hard copy can be made available upon request: https://www.carlsbadca.gov/home/showpublisheddocument/5807/637565927651730000 Planning Commission Resolution No. 7389 recommends approval of the draft Local Coastal Program Land Use Plan, with revisions: https://records.carlsbadca.gov/Weblink/DocView.aspx?id=5299606&dbid=0&repo=CityofCarlsb ad&sea rch id=lae97764-82ef-4bd b-9769-78afce lbf140 An analysis of how the city's existing Local Coastal Program policies are addressed by the draft Local Coastal Program Land Use Plan (i.e., if and how the existing policy is retained, modified or not included in the updated plan) is provided in Attachment 4 of the Dec. 2, 2020, Planning Commission Staff Report (Attachment B). More information about the draft Local Coastal Program Land Use Plan and associated amendments, including public comment letters, can be found here: https:ljwww.carlsbadca.gov/departments/community-development/planning/local-coastal- program-and-zone-code-update/phase-2-local-coastal-program-update Next Steps On Aug. 24, 2021, a City Council public hearing is tentatively scheduled to consider approval of the draft Local Coastal Program Land Use Plan (and associated amendments and zoning maps), the Village and Barrio Master Plan and Poinsettia Shores Master Plan. Following City Council approval, staff will submit the Local Coastal Program Land Use Plan, and associated amendments, to the California Coastal Commission for review and approval. The Local Coastal Program Land Use Plan Update will become effective when certified by the California Coastal Commission. Attachments: A. Staff Report to the Planning Commission, dated Dec. 2, 2020 B. Attachment 4 of the Staff Report to the Planning Commission, dated Dec. 2, 2020 -(Due to the size of Attachment B, a hardcopy is on file in the Office of the City Council, as reference) Council Me_mo -Status of the Local Coastal Program Update {Districts -All) July 1, 2021 Page 3 cc: Scott Chadwick, City Manager Celia Brewer, City Attorney Kristina Ray, Communication & Engagement Director Don Neu, City Planner Eric Lardy, Principal Planner Jennifer Jesser, Senior Planner Attachment A PLANNING COMMISSION Staff Report ltemNo. G) Application complete date: N/A P.C. AGENDA OF: December 2, 2020 Project Planner: Jennifer Jesser Project Engineer: N/A SUBJECT: LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV15061l/AMEND 2020-0014 (DEV08014) -Local Coastal Program Update -A request for a Planning Commission recommendation of approval of a comprehensive Local Coastal Program Land Use Plan update, including associated amendments to other components of the Local Coastal Program -Zoning Map, Poinsettia Shores Master Plan and Village and Barrio Master Plan . The preparation and adoption of a local coastal program by a local government is statutorily exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15265. I. RECOMMENDATION That the Planning Commission ADOPT Planning Commission Resolution No. 7389 RECOMMENDING APPROVAL of a Local Coastal Program Land Use Plan update (LCPA 15-07) and associated Zone Change (LCPA 15-07 /ZC 2020-0002), Poinsettia Shores Master Plan Amendment (LCPA 15-07 /AMEND 2020-0016) and Village and Barrio Master Plan Amendment (LCPA 15-07 / AMEND 2020-0014), based on the findings contained therein. II. PROJECT DESCRIPTION The draft City of Carlsbad Local Coastal Program Land Use Plan (Attachment 1, Exhibit lA), with associated zone changes, Poinsettia Shores Master Plan amendment (Attachment 1, Exhibit lC) and Village and Barrio Master Plan amendment (Attachment 1, Exhibit 1D), reflect a comprehensive update to the city's Local Coastal Program. The objectives of the update are to be consistent with the California Coastal Act, recent guidance from the California Coastal Commission, and the city's General Plan (adopted in 2015). Ill. BACKGROUND A. California Coastal Act and Purpose of Local Coastal Programs The California Coastal Act of 1976 was approved by a voter initiative to "ensure maximum public access to the coast and public recreation areas." Ever since, cities along the California coast (within the Coastal Zone) have been required to prepare a Local Coastal Program to show how the cities will implement the act. In Carlsbad, about 37% of the city is in the Coastal Zone (Figure 1-2 of the draft Local Coastal Program Land Use Plan shows the Coastal Zone boundary in Carlsbad). Per the Coastal Act, a local coastal program is required to address the following topics: 0 LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 2 Table 1: Topics Addressed in a Local Coastal Program Topic Description Public access Protection of public access to the sea, coastal beaches and recreational opportunities Recreation Protection of certain water-oriented activities and land for recreational use Marine Protection of marine resources, including biological productivity and water environment quality Land Resources Environmentally sensitive habitat areas, agriculture, archaeological and paleontological resources Location, scenic and visual qualities, maintenance and enhancement of public Development access, minimization of adverse impacts, public facilities to meet needs of development, and priority of coastal-dependent development Local coastal programs are basic planning tools that allow local governments to permit development in the coastal zone consistent with the Coastal Act. After a local coastal program land use plan and an implementation plan (such as a zoning ordinance) are certified by the Coastal Commission, the authority to approve or deny coastal development permits is transferred to the local government; however, the Coastal Commission retains permanent authority to approve or deny coastal development permits for development proposed on tidelands, submerged lands, and public trust lands. Following adoption and certification of the city's draft Local Coastal Program Land Use Plan, Carlsbad's implementation plan (zoning ordinance) will be updated consistent with the updated land use plan policies. B. History of Carlsbad's Local Coastal Program Land Use Plan The city's existing Local Coastal Program consists of six land use plans that apply to six specific geographic segments of the city's Coastal Zone: • Agua Hedionda Lagoon segment • Mello I segment • Mello II segment • East Batiquitos Lagoon/Hunt Properties segment • West Batiquitos Lagoon/Sammis Properties segment • Village and Barrio segment Draft Local Coastal Program Land Use Plan Figure 1-3 shows the boundaries of the existing Local Coastal Program segments. The draft Local Coastal Program Land Use Plan proposes to merge all six segments and create one unified plan for all of Carlsbad's Coastal Zone. Policies related to specific geographic or resource areas (e.g., the Village and Barrio, and areas subject to the ,Habitat Management Plan) are still important components of the plan and are clearly identified in each chapter. Draft Local Coastal Program Land Use Plan Chapter 1 provides more information about the history of Carlsbad's Local Coastal Program. LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec.2,2020 Pa e 3 C. Relationship to the General Plan Carlsbad's Local Coastal Program Land Use Plan and General Plan both provide policies that guide the physical development of Carlsbad's Coastal Zone; however, the General Plan is not a component of the Local Coastal Program. While they are two separate documents, some of the descriptive text and some of the policies are the same. Detailed discussion of Coastal Act requirements and goals is included only in the Local Coastal Program Land Use Plan, while issues that are not directly relevant to the Coastal Act are covered only in the General Plan. The Coastal Commission does not have authority to take any action related to the General Plan. D. Why Update Carlsbad's Local Coastal Program Land Use Plan The primary reasons and objectives for updating the Local Coastal Program Land Use Plan are : 1. State Grants In November and December 2014, the Coastal Commission and Ocean Protection Council awarded the city two grants ($228,000 total) to conduct a sea level rise vulnerability analysis and comprehensively update the city's Local Coastal Program. The draft Local Coastal Program Land Use Plan and City of Carlsbad Sea Level Rise Vulnerability Assessment (Appendix B of the draft Local Coastal Program Land Use Plan) were partially funded by the state grants. 2. Current Conditions and Coastal Commission Guidance The city's Local Coastal Program has not been comprehensively updated since its original adoption in the 1980s and does not adequately address all current topics/requirements, such as sea level rise hazards. The Coastal Commission has, in recent years, provided guidance on information to be included in a local coastal program update. The update of the Local Coastal Program Land Use Plan, including the sea level rise vulnerability assessment, were prepared in consultation with local Coastal Commission staff and are based, in part, on adopted and draft guidance from the California Coastal Commission: • California Coastal Commission Sea Level Rise Policy Guidance; August 2015; revised November 2018 (https://www.coastal.ca.gov/climate/slrguidance.html) • Draft California Coastal Commission Residential Adaptation Policy Guidance -Interpretive Guidelines for Addressing Sea Level Rise in Local Coastal Programs; March 2018 (https://documents.coastal.ca.gov/assets/climate/slr/vulnerability/residential/RevisedDraftResi dentialAdaptationGuidance.pdf) • California Coastal Commission Local Coastal Program (LCP) Update Guide Part I -Updating LCP Land Use Plan (LUP) Procedures; April 2007; revised July 2013 (https://www.coastal.ca.gov/rflg/lcp-planning.html) 3. Consistency with the 2015 General Plan The scope of work for the General Plan update, which was approved by the city in 2015, originally included a corresponding comprehensive Local Coastal Program Land Use Plan update to ensure consistency between the two land use policy documents. The two policy documents address many of LCPA 15-07 /ZC 2020-0002/ AMEND 2020-0016 (DEV 15061}/ AM END 2020-0014 (DEV 08014} -Local Coastal Program Update Dec. 2, 2020 Pa e 4 the same topics and it is important that the policies align and do not conflict. However, due to the complexity of the General Plan update, it was not feasible to comprehensively update the Local Coastal Program and the General Plan at the same time. Therefore, the Local Coastal Program update was deferred until after the General Plan update. The Local Coastal Program Land Use Map was updated concurrently with the General Plan update, but the policies of the Local Coastal Program Land Use Plan were not updated. A primary focus of the proposed Local Coastal Program update is to update its policies consistent with the 2015 General Plan update. 4. Obsolete and Repetitive Policies The existing Local Coastal Program land use plans contain site-specific policies that have been implemented (through development} or are repeated numerous times for various sites throughout the Coastal Zone (e.g. existing policies related to water quality protection are repeated multiple times on a site-specific basis}. The draft Local Coastal Program Land Use Plan proposes to replace most of these obsolete/repetitive site-specific policies with policies that protect coastal resources and access to the coast on a Coastal Zone-wide basis. However, site/area-specific policies that are still relevant and unique to a site/area are addressed in the draft Local Coastal Program Land Use Plan. E. Scope of Local Coastal Program Land Use Plan Update The scope of work for the Local Coastal Program Land Use Plan update is limited to updating existing Local Coastal Program policies to be consistent with the California Coastal Act, recent guidance from the California Coastal Commission, and the city's 2015 General Plan. The scope of work for the update does not include revisioning of land uses in the Coastal Zone, as the Local Coastal Program update relies on the land use planning done for the 2015 General Plan. The land use planning completed for the 2015 General Plan included development of the Carlsbad Community Vision, as well as analysis of the future use of vacant and underdeveloped lands throughout the city, which resulted in a "preferred land use plan" recommended by a 19-member citizens committee and approved by the City Council. Although five years has passed since the General Plan was adopted, the General Plan land use planning process remains relevant and applicable to the Local Coastal Program Land Use Plan update. The General Plan and Local Coastal Program Land Use Plan are long-range land use planning documents. The land use policies are intended to guide development for at least 20 years. Long-range, comprehensive land use planning efforts are not conducted on a regular basis and require significant time and resources. On occasion, however, in between comprehensive updates, the city may decide there is a need to reevaluate land use policies for a specific site or area and initiate a site/area-specific planning effort. The scope of work for the Local Coastal Program Land Use Plan update does not reevaluate land use for any site, except in the context of updating existing Local Coastal Program land use policies to be consistent with the General Plan. F. Community Participation As mentioned above, the Local Coastal Program Land Use Plan update relies on the land use planning completed as part of the 2015 General Plan update. The land use policies of the General Plan, and now proposed as part of the Local Coastal Program, were established through an extensive community participation effort. Approximately 8,000 community members directly participated in activities such as workshops, community surveys, and other public meetings. The following is a summary of the community participation activities conducted during the preparation of the General Plan land use policies: LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 5 Table 2: Land Use Policy -Community Participation Activities 19-member Envision Carlsbad Citizens Committee Two community workshops on land use (EC3) meetings (18 meetings) alternatives Stakeholder meetings (business organizations, A citywide survey on land use alternatives · developers, interest groups) Meetings with the Planning Commission and Website, media, newspaper, notices City Council regarding the Carlsbad Community Vision, land use alternatives, the preferred land use plan, and draft General Plan In addition to the previous community involvement, the following community participation activities occurred during the Local Coastal Program Land Use Plan update: Table 3: Additional Community Participation Activities One community meeting introducing the Local One community meeting and panel discussion Coastal Program update process and the topic of regarding sea level rise adaptation sea level rise One community meeting introducing the draft Stakeholder meetings Local Coastal Program Land Use Plan and initiating the public review process Website, media, newspaper, notices IV. ANALYSIS The following information is addressed in this analysis section: A. Format of proposed draft Local Coastal Program Land Use Plan B. Highlights of draft Local Coastal Program Land Use Plan C. Land use and zone changes D. Village and Barrio Master Plan and Poinsettia Shores Master Plan amendments E. Existing and proposed Local Coastal Program land use policies F. Significant new policies and hot topics G. Compliance with the city's Growth Management Plan H. Consistency with the McClellan-Palomar Airport Land Use Compatibility Plan I. Recommended revisions to the draft Local Coastal Program Land Use Plan J. Public comments A. Format of proposed draft Local Coastal Program Land Use Plan The draft Local Coastal Program Land Use Plan is organized by chapters that are based on the topics addressed in the Coastal Act. Table 4 provides a summary description of the proposed draft Local Coastal Program chapters: LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014) -Local Coastal Program Update Dec.2,2020 Pa e 6 Table 4: Draft Local Coastal Program Land Use Plan Chapters Chapter Description 1 Introduction Introduces and describes the purpose and organization of the Local Coastal Program Land Use Plan. Describes how land and development are regulated in Carlsbad's 2 Land Use Coastal Zone consistent with the Coastal Act. It includes the Local Coastal Program Land Use Map, land use designations, standards for density, and land use related policies. Describes Carlsbad's existing public recreational resources and visitor- 3 Recreation and Visitor-serving uses and attractions and identifies policies to ensure that Serving Uses community members and visitors have continued access to coastal recreational opportunities and accommodations. Describes Carlsbad's existing and future coastal access network and 4 Coastal Access provides policies that ensure coastal access is protected and enhanced, consistent with the Coastal Act. Agricultural, Cultural Describes the agricultural, cultural, and scenic resources found in 5 and Scenic Resources Carlsbad's Coastal Zone and provides policies that guide the city in the protection of those resources. Environmentally Describes the natural coastal resources found in Carlsbad's Coastal Zone, which include environmentally sensitive habitat areas and 6 Sensitive Habitat Areas and Water Quality marine and coastal water quality; also provides policies that guide the city in the protection ofthose resources. Identifies coastal hazards (sea level rise, flood, geologic, and fire) and 7 Coastal Hazards provides policies that guide new development to reduce risks to life and property and to avoid substantial changes to natural landforms. 8 Glossary Defines terms used in the Local Coastal Program Land Use Plan that are technical or specialized, or that may not reflect common usage. Carlsbad's portion of the North Coast Corridor Public Works Appendix A Plan/Transportation and Resource Enhancement Program (NCC North Coast Corridor Public PWP/TREP), which is a plan prepared by Caltrans and SANDAG to Works Plan Overlay authorize transportation, community and resource enhancement along 1-5 and the railroad corridor from La Jolla to Oceanside. Appendix B A Carlsbad-specific sea level rise vulnerability analysis that identifies City of Carlsbad Sea Level areas that are vulnerable to projected sea level rise hazards (bluff Rise Vulnerability Assessment erosion, flood, inundation). B. Highlights of draft Local Coastal Program Land Use Plan Attachment 2 highlights and describes some of the key topics addressed in the draft Local Coastal Program Land Use Plan. C. Land Use and Zoning map changes As discussed further in section IV.F.5 below, changes to Local Coastal Program land use/zone designations are proposed for the power plant and strawberry fields, as shown below. The changes will ensure consistency with the General Plan land use map. No other land use or zoning map changes are proposed. LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV 15061}/AMEND 2020-0014 (DEV 08014}-Local Coastal Program Update Dec. 2, 2020 Pa e 7 EXISTING Local Coastal Program Land Use Designation U -Utility; TS -Tourist Services PROPOSED Local Coastal Program Land Use Designation VC -Visitor Commercial; OS -Open Space D. Village and Barrio Master Plan and Poinsettia Shores Master Plan amendments Village and Barrio Master Plan The Village and Barrio Master Plan is proposed to be amended to clarify the master plan's relationship to the draft Local Coastal Program Land Use Plan, as well as which parts of the master plan and other documents comprise the Local Coastal Program for the Village and Barrio. Attachment 3 provides a strikeout/underline of the proposed amendment. LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 8 Poinsettia Shores Master Plan The Poinsettia Shores Master Plan is proposed to be amended to be consistent with draft Local Coastal Program Land Use Plan policy LCP-2-P .20.A. The draft policy states that prior to development, the master plan shall be updated consistent with the policy for Areas 1 and 2 on draft Figure 2-2C. Staff's original intent was to include the master plan amendment as part of the LCP Implementation Plan Update (with the Zoning Ordinance update), which will follow adoption of the Local Coastal Program Land Use Plan. However, based on the community interest in the site (see section IV.F.6, below), staff recommends amending the master plan concurrently with the Local Coastal Program Land Use Plan. Attachment 3 provides a strikeout/underline of the proposed master plan amendment. Also, as shown in Attachment 1 (Exhibit lD), draft policy LCP-2-P.20 is proposed to be revised to remove the requirement to amend the Poinsettia Shores Master Plan prior to development. E. Existing and proposed Local Coastal Program land use policies As mentioned above, the proposed draft Local Coastal Program Land Use Plan merges the existing six local coastal program segments into one unified land use plan for Carlsbad's Coastal Zone. This merging of segments includes replacement of existing Local Coastal Program policies with updated policies consistent with the Coastal Act, recent Coastal Commission guidance and the 2015 General Plan. Attachment 4 provides an analysis of how the existing Local Coastal Program policies are addressed by the draft Local Coastal Program Land Use Plan (i.e., if and how the existing policy is retained, modified or not included in the updated plan). Note: The Village and Barrio Master Plan provides Local Coastal Program land use policies for the Village and Barrio area; those policies are not proposed to be modified. The draft Local Coastal Program Land Use Plan references the Village and Barrio Master Plan for land use planning policies and supplements the master plan with other Coastal Zone policies not addressed by the master plan. The only proposed amendment to the Village and Barrio Master Plan is described above. F. Significant new policies and hot topics The following describes the significant new policies proposed in the draft Local Coastal Program Land Use Plan, as well as hot topics that have generated interest in the community. 1. Sea level rise hazard policies 2. Scenic and visual resource policies 3. Lower-cost visitor accommodations 4. Timeshares 5. Power plant and strawberry fields -Visitor Commercial land use/zoning designations 6. Parks and open space in southwest Carlsbad, including Ponto -Poinsettia Shores Master Plan Planning Area F LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061}/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 9 1. Sea level rise hazard policies In draft Local Coastal Program Land Use Plan Chapter 7, new information and policies are added that address sea level rise hazards and adaptation (a topic not addressed in the existing Local Coastal Program}. The new policies are based on Coastal Commission guidance and the results of the Carlsbad Sea Level Rise Vulnerability Assessment (Appendix B of the draft Local Coastal Program Land Use Plan). Table 5: Summary Description of Draft Sea Level Rise Policies To ensure that proposed development is evaluated based on the best available Sea level rise science, a site-specific sea level rise hazard report is required for all development hazard analysis that requires a coastal development permit and is within a sea level rise hazard zone, or on an oceanfront parcel outside a sea level rise hazard zone. See draft policies LCP-7-P.7 and LCP-7-P.8. New development, which is within a sea level rise hazard area, is required to be Siting new located and designed to minimize risks from hazards (bluff erosion, flooding, development inundation), ensure structural stability and protection of coastal resources. See draft policies LCP-7-P.9 to LCP-7-P.17. Shoreline Consistent with the Coastal Act, draft policies clarify the limited circumstances armoring when shoreline armoring could be permitted in Carlsbad, and the requirements to minimize impacts to coastal resources. See draft policies LCP-7-P.18 to LCP-7-P.26. Moving Draft policies identify the circumstances when development must be removed or development modified to avoid risks to public health and safety, and to avoid impacts to public away from trust resources. See draft policy LCP-7-P.27. hazards Sea level rise Several draft policies identify the need to develop sea level rise -shoreline development standards and development standards and adaptation plans. Development of adaptation plans adaptation for critical infrastructure is prioritized. See draft policies LCP-7-P.28 to LCP-7-P.36. The draft sea level rise policies were drafted in consultation with local Coastal Commission staff and are consistent with Coastal Commission guidance on sea level rise. The following summarizes issues raised during the drafting of the policies: • Definition of "existing" development/structure Coastal Act Section 30235 allows construction of seawalls and other shoreline protective devices only when needed to protect "existing structures" and coastal dependent uses. The Coastal Act does not define "existing." Coastal Commission guidance suggests that local coastal programs should define "existing," in the context of Section 30235, as structures that existed prior to January 1, 1977 -the date the Coastal Act became effective. Since enactment of the Coastal Act, the Coastal Commission has been inconsistent in its interpretation of the term "existing;" many seawalls and other shoreline protection have been permitted based on the interpretation of "existing" as structures existing at the time of the request for a seawall. LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec.2,2020 Pa e 10 Using the 1977 date to define "existing" would make the majority of existing structures (existing today) along Carlsbad's shoreline ineligible for protection by a shoreline protection device per Section 30235; some of these existing structures are currently protected by seawalls. City staff recommends that "existing," in the context of Coastal Act 30235, be defined using the date that the draft Local Coastal Program Land Use Plan update is certified by the Coastal Commission. This will allow for some flexibility in the ability to consider options to protect existing structures. Staff also understands the importance of protecting the shoreline and that seawalls and other devices have a negative impact on the shoreline; therefore, draft policies are proposed that will limit the ability to protect existing structures with a seawall or other device (see draft policies LCP- 7-P.18 to LCP-7-P.25. For example, a seawall or other device: o Will not be permitted to protect structures built after certification of the draft Local Coastal Program update o May be permitted to protect structures built before certification of the draft plan, but only if: ■ The protective device is designed to eliminate or mitigate adverse impacts to the shoreline ■ There is no less environmentally damaging alternative ■ The protective device must be removed when the structure is no longer present or no longer needs protection • Specific sea level rise adaptation details Coastal Commission guidance recommends that local coastal programs include sea level rise adaptation plans that identify how development, resources and other vulnerable assets can adapt to sea level rise. Information addressed in an adaptation plan includes identifying priorities of adaptation, timelines, options, specific projects to be implemented, phasing, and action triggers. Developing adaptation plans is an important part of planning for sea level rise. However, the level of detail in a sea level rise adaptation plan is beyond the scope of this Local Coastal Program update. Therefore, the draft plan includes policies that address the need to develop sea level rise standards and adaptation plans (see draft policies LCP-7-P.28 to LCP-7-P.30). 2. Scenic and visual resource policies Draft Local Coastal Program Land Use Plan Chapter 5 includes new information and policies that address scenic and visual resources. The new policies are based on Coastal Commission guidance and Coastal Act Section 30251, which requires that development be sited and designed to protect views to and along the ocean and other scenic coastal areas; that new development minimize the alteration of natural landforms; and that development is sited and designed to be visually compatible with the character of surrounding areas. Draft Local Coastal Program Land Use Plan Chapter 5 describes and depicts {Figure 5-3) Carlsbad's significant "coastal viewsheds" -the significant coastal areas (open waters of the ocean and lagoons, LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec.2,2020 Pa e 11 sandy beaches, coastal bluffs and the natural habitat and hillsides surrounding the lagoons)-of which public views are to be protected. Draft Figure 5-3 also identifies the areas from which public views are to be protected ("public viewing areas"), which are the public streets, trails and parks adjacent to the coastal viewsheds. Draft policies are proposed that identify how to protect scenic resources and public views, consistent with the Coastal Act and Coastal Commission guidance. The draft scenic and visual resource policies (LCP-5-P.22 to LCP-5-P.32) address: • All areas of the Coastal Zone: o Siting and scale of new development to minimize alteration of natural landforms o Preservation of existing vegetation that provide significant scenic value o Sign design and location • Areas identified on draft Figure 5-3 as a "coastal viewshed" or "public scenic viewing area": o Location and design of development to avoid/minimize impact of public views of viewshed o Retaining wall height o Minimize exterior lighting o Maintenance of natural visual quality of coastal viewshed • Draft Figure 5-3 identifies specific properties/areas that are subject to site/area-specific scenic resource protection policies, per draft policy LCP-5-P.32. 3. Lower-cost visitor accommodations New information and policies are added to the Local Coastal Program that address lower-cost visitor accommodations; however, the draft policies do not fully align with Coastal Commission staff recommendations regarding the protection and provision of lower-cost visitor accommodations. The following information describes Coastal Commission staff policy recommendations, city staff concerns with those recommendations and city staff proposed draft policies. Coastal Commission staff policy recommendations for lower-cost visitor accommodations are intended to address Coastal Act Section 30213: Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The commission shall not: {1} require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor- serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities. The policies recommended by Coastal Commission staff would require: LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 12 • Protection of existing lower cost visitor accommodations. Any development proposal that results in the loss of existing lower cost rooms would be required to mitigate that loss by replacing the lower cost rooms at a 1:1 ratio or paying an in-lieu fee (see below regarding the fee); and • Construction of new lower-cost accommodations. Any new hotel/motel development would be required to provide a minimum of 25 percent of the total rooms at a lower-cost rate or pay an in-lieu fee. • Establish an in-lieu fee program. The city would be required to establish a program that specifies the fee amount and method to collect and utilize the fees. Coastal Commission staff have recommended that the per room in-lieu fee be sufficient to construct a lower cost room, and they estimate that the cost to construct lower cost rooms is over $100,000 per room, including land cost. If the fee were $100,000/room, a 200-room hotel would be required to pay a $5-million in-lieu fee (25 percent of 200 rooms = 50 rooms x $100,000). City staff does not recommend that the city establish the policies recommended by Coastal Commission staff, for the following reasons: • The Coastal Act does not specify that a minimum number or percentage of lower cost rooms be provided • The establishment for an in-lieu fee has not been analyzed and may raise concerns regarding compliance with the State's Mitigation Fee Act. As a mitigation fee (i.e., to mitigate the loss or lack of existing lower cost rooms), the fee must comply with the state's Mitigation Fee Act. • Regarding mitigation for loss or lack of lower cost visitor accommodations, in Carlsbad, it may be challenging to justify or show that mitigation is necessary. As stated in draft Local Coastal Program Land Use Plan Chapter 3, Carlsbad has 589 economy scale accommodations, including the campground, which is approximately 18 percent of the accommodations in Carlsbad's Coastal Zone. There may not be a need or justification to mitigate the loss or lack of lower-cost accommodations. • As described in draft Local Coastal Program Land Use Plan Chapter 3, in Carlsbad's Coastal Zone there are over 3,000 visitor accommodations at a range of affordability, 589 of which are economy scale. The number of hotel rooms in Carlsbad's Coastal Zone is sufficient to meet Coastal Act Section 30213 requirements for lower cost accommodations. Carlsbad has already protected, encouraged and provided lower cost accommodations, and can continue to do so as described below. The draft Local Coastal Program Land Use Plan does include a draft policy (LCP-3-P.21) that requires new development that results in a loss of existing lower-cost accommodations to mitigate the loss at a 1:1 ratio. This draft policy was included in the draft plan to address Coastal Commission staff's recommended policies, at least in part. However, afterfurther consideration of the concerns outlined above and in response to public comments (Attachment 6), staff recommends deleting draft policy LCP-3-P.21. Also, staff recommends that lower cost accommodations and recreation can be protected, encouraged and provided, per Coastal Act Section 30213, through incentives, such as development standards modifications. Staff recommends combining draft policies LCP-3-P.14 and LCP-3-P.19 to read as follows: LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 13 Protect, encourage, and, where feasible, provide for development of new (and retention of existing) lower-cost overnight accommodations and recreation facilities, such as through regulatory incentives (e.g., development standards modifications). Consider amenities that reduce the cost of stay when evaluating the affordability of any new or redeveloped overnight visitor accommodations; and encourage and support developments that provide public recreational opportunities within the Coastal Zone. 4. Timeshares During public review of the draft Local Coastal Program Land Use Plan, the topic of timeshares -or the potential prohibition of such uses -generated several comments objecting to a prohibition of timeshares. The draft plan includes a policy (LCP-3-P.17) that would prohibit new timeshares or other limited-use overnight accommodations on land designated as Visitor Commercial (VC) on the land use map. The policy was drafted pursuant to Coastal Commission guidance and the commission's concerns with such uses. The Coastal Commission views timeshares and other limited-use overnight accommodations (like condo-hotels and fractional ownership hotels) as residential uses rather than visitor-serving uses, as they are not entirely available to the general public and require ownership to utilize the property. Coastal Commission guidance provides examples of other cities that have addressed such uses to the Coastal Commission's satisfaction. Some cities prohibit such uses where visitor-serving uses are intended, as proposed by draft policy LCP-3-P .17. Other cities have policies that ensure such developments are visitor-serving. In response to public comments objecting to the proposal to prohibit timeshares, staff is recommending a revised policy that would permit timeshares and similar uses, subject to certain criteria, as follows (see below for more information about recommended changes to the draft plan): On land designated Visitor Commercial (VC) on the Local Coastal Program land use map, limited-use overnight accommodations, such as timeshares, shall be subject to the following: A. At least twenty-five {25%} percent of the units within any given facility shall be made available each day for transient overnight accommodations during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day). B. The timeshare facility shall operate in the same manner as a hotel, including requirements for a centralized reservations system, check-in services, advertising, security, and daily housecleaning. C. No person shall occupy any unit or units within a given facility for more than sixty (60) days per calendar year and no more than thirty (30} days during the summer season (beginning the day before the Memorial Day weekend and ending the day after Labor Day). LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2,2020 Pa e 14 5. Power plant and strawberry fields -Visitor Commercial land use/zoning designations Changes to Local Coastal Program land use/zone designations are proposed for the power plant and strawberry fields, as shown above in Section IV.C. The proposed map changes were previously approved by the city as part of the 2015 General Plan update. However, the Coastal Commission deferred their decision on these land use/zone changes until the city provided more information on the need for visitor commercial uses; the requested information is provided below. During public review of the draft Local Coastal Program Land Use Plan, various comment letters were submitted identifying the need for community involvement in the future land use of these sites. See below for more information about past and future community involvement in the land use of these sites. • Need for more visitor commercial uses in Carlsbad As described below, there is a need to designate more land in Carlsbad for visitor commercial use. There are currently limited sites designated for visitor commercial use that are not currently developed with existing visitor commercial uses. Draft Local Coastal Program Land Use Plan Figure 3-2 identifies sites where future visitor commercial uses could be developed. Without the power plant and strawberry fields, there would be few sites/acres available to accommodate the demand for future visitor commercial uses. Draft Local Coastal Program Land Use Plan Chapter 3, Section 3.3 identifies three tourism forecast sources1 that forecast current and future demand for visitor accommodations. Based on the referenced sources, there is a need for more hotel rooms in Carlsbad -Carlsbad's existing hotels have not met the demand for hotel rooms in recent years, and hotel demand is estimated to increase annually through 2023. The hotel demand information described above and in the draft Local Coastal Program Land Use Plan predates the Covid-19 pandemic, which has resulted in a decline in hotel demand during 2020. However, this decline is temporary and current forecasts2 anticipate that hotel demand will begin to recover in 2021 and demand will continue to grow in the years to follow. The draft Local Coastal Program Land Use Plan is a long-range plan for land use in the Coastal Zone. Anticipating that hotel demand will recover and continue to grow, there is a need to designate sites for future visitor commercial uses; and consistent with the General Plan, the power plant and strawberry fields are proposed to be designated as shown in Section IV.C, above. • Community participation in land use planning for the power plant and strawberry fields As mentioned above, the power plant and strawberry fields sites (shown in Section IV.C, above) were previously designated Visitor Commercial (VC) by the city as part of the 2015 General Plan update. The land use policies of the General Plan, and now proposed as part of the Local Coastal 1 San Diego Tourism Authority, 2017 Carlsbad Visitor Profile; Tourism Economics, Tourism Economics San Diego Travel Forecast (July 2018); Hunden Strategic Partners, Carlsbad Hotel Market, Demand, Financial, and Economic Impact Analysis (July 2018) 2 Tourism Economics, San Diego Lodging Forecast Update (July 2020) LCPA 15-07/ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec. 2, 2020 Pa e 15 Program Land Use Plan update, were established through an extensive community participation effort, as described in Section 111.F, above. During the General Plan update, the power plant and strawberry fields were identified as "opportunity sites" that could accommodate future development. The community participated in identifying a preferred land use plan through workshops, a survey and a 19-member citizens committee. With input from the community, the citizens committee recommended that the power plant be designated for visitor commercial uses (a change from public utility use), and that the strawberry fields should remain designated for commercial uses that serve visitors (changing the designation from TS -Travel Services to VC -Visitor Commercial). In addition, based on community comments, the citizens committee recommended that the power plant site include a publicly accessible open space area along Carlsbad Boulevard and the lagoon. Draft Local Coastal Program Land Use Plan policy LCP-2-P.16.C requires the power plant to be developed with a mix of visitor commercial uses and "new community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad Boulevard)." The draft policy also encourages community gathering spaces and other features to maximize views of the ocean and lagoon. As mentioned above, the scope of the Local Coastal Program update relies on the land use planning completed as part of the General Plan update; the scope of the update does not include revisioning of land uses. However, the community will have future opportunities to participate in the future use of both the power plant and the strawberry fields. Draft policies LCP-2-P.16.D and LCP-2-P.27 require the development of redevelopment/specific plans for both sites prior to development; the process to develop such plans will include community participation in determining allowed uses, development standards, site planning, etc. 6. Parks and open space in southwest Carlsbad, including Ponto -Poinsettia Shores Master Plan Planning Area F The topics of Ponto Planning Area F and parks and open space in southwest Carlsbad generated a significant number of public comment letters (see section IV.J below). Attachment 5 provides information regarding this topic and in response to public comments. G. Compliance with the city's Growth Management Plan The city's Growth Management Plan establishes a limit on the number of residential dwelling units that can be built in the city and requires that adequate public facilities are provided . concurrent with development. The draft Local Coastal Program Land Use Plan was prepared consistent with the land uses planned by the 2015 General Plan, which was found consistent with the Growth Management Plan. The draft Local Coastal Program Land Use Plan does not propose any policy or land use that would increase currently planned residential dwellings or increase the city's current projected need for public facilities. H. Consistency with the McClellan-Palomar Airport Land Use Compatibility Plan Although the McClellan-Palomar Airport is not in the Coastal Zone, airport influence area and portions of the airport's safety zones are within the Coastal Zone, as shown on draft Local Coastal Program Land Use Plan Figure 2-2B. The McClellan-Palomar Airport Land Use Compatibility Plan specifies the type and LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014) -Local Coastal Program Update Dec. 2, 2020 Pa e 16 intensity of development that is allow within the airport's influence area and safety zones . In a letter dated Oct. 27, 2020 (Attachment 9), the San Diego Regional Airport Authority determined that the draft Local Coastal Program Land Use Plan is consistent with the McClellan-Palomar Airport Land Use Compatibility Plan. I. Recommended revisions to the draft Local Coastal Program Land Use Plan In response to public and staff comments during review of the draft Local Coastal Program Land Use Plan, staff recommends revisions to the draft plan, as shown in Attachment 1 (Exhibit 10). Planning Commission adoption of the resolution (Attachment 1) includes a recommendation to approve the draft Local Coastal Program Land Use Plan, including staff's recommended revisions. J. Public comments Numerous public comment letters were received commenting on the draft Local Coastal Program Land Use Plan. The comments are divided into two categories: 1. Comments regarding parks and open space in southwest Carlsbad, particularly on Ponto Planning Area F. Attachment 5 addresses these comments. 2. Comments regarding all other topics are addressed in Attachment 6. Attachments 6 and 7 describe the comments received. Attachment 7 lists the majority of comments received regarding Ponto. Some comment letters were submitted after preparation of Attachment 7 and are provided in Attachment 8.6. Copies of the comment letters are provided as Attachments 8.1 through 8.6; due to the volume of the letters received, the letters are not attached to this report, but can be viewed on the city's website: https://www.carlsbadca.gov/services/depts/planning/coastal/default.asp Comment letters received after completion of this staff report will be forwarded to the Planning Commission separately. IV. ENVIRONMENTAL REVIEW The draft Local Coastal Program Land Use Plan, Zoning Map, Poinsettia Shores Master Plan and Village and Barrio Master Plan constitute, in part, the Carlsbad Local Coastal Program. Pursuant to the California Environmental Quality Act Guidelines Section 15265, the preparation and adoption of a local coastal program by a local government is statutorily exempt from the California Environmental Quality Act. LCPA 15-07 /ZC 2020-0002/AMEND 2020-0016 (DEV 15061)/AMEND 2020-0014 (DEV 08014)-Local Coastal Program Update Dec.2,2020 Pa e 17 ATTACHMENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. Planning Commission Resolution No. 7389 (LCPA/ZC/AMEND/AMEND) • Exhibit lA: Draft Local Coastal Program Land Use Plan (previously distributed to the Planning Commission and available in the Planning Division and on the city website: https://www.carlsbadca.gov/services/depts/planning/coastal/update.asp • Exhibit lB: Local Coastal Program Land Use Map • Exhibit lC: Draft City Council Ord.inance • Exhibit lD: Staff Recommended Revisions to Draft Local Coastal Program Land Use Plan Highlights of Draft Local Coastal Program Land Use Plan Village and Barrio Master Plan and Poinsettia Shores Master Plan Amendments Strike- out/Underline How Existing Local Coastal Program Policies are Addressed in the Draft Local Coastal Program Land Use Plan Information Regarding Ponto -Poinsettia Shores Master Plan Planning Area F and Parks and Open Space in Southwest Carlsbad Draft Local Coastal Program Land Use Plan Response to Public Comments [excluding comments regarding Ponto and parks/open space in southwest Carlsbad] Public Comments Regarding Parks, Open Space and Ponto -Poinsettia Shores Master Plan Planning Area F Public comment letters (incorporated by reference and available for review on the city website: https://www.carlsbadca.gov/services/depts/planning/coastal/default.asp) 8.1-Comment letters, excluding comments pertaining to Ponto and parks and open space in southwest Carlsbad 8.2 to 8.6-Comments regarding Ponto and parks and open space in southwest Carlsbad Letter from San Diego Regional Airport Authority, dated October 27, 2020 ATTACHMENT 4 LCPA 15-07 LOCAL COASTAL PROGRAM UPDATE HOW EXISTING LOCAL COASTAL POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM LAND USE PLAN Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 1.LAND USE 1 1.1 Land uses in the Agua Hedionda Plan area shall be consistent with those indicated on the Land Use Map (Exhibit C). Section 2.3 of the draft LCP provides a full description and identifies the land uses allowed in the Coastal Zone, including the area currently within the Agua Hedionda segment. Figure 2-1 Land Use Map reflects the most recent certified LCP land use map, as well as proposed changes consistent with the General Plan land use map. The proposed changes are shown below, which affect land within the existing Agua Hedionda segment (these are the only land use and zoning changes proposed): Existing LCP Land Use Map Proposed LCP Land Use Map Existing LCP Zoning Map Proposed LCP Zoning Map Attachment B HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 2 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 2 1.2 That portion of the "Kelly" property containing wetland areas shall be designated as open space (Exhibit D) consistent with maintenance of the natural resources of the wetlands and floodplain area. Permitted uses shall include maintenance and extension of utility transmission and distribution systems, agriculture, outdoor plant nurseries, fish hatcheries, driving ranges, archery ranges, hiking and equestrian trails, apiaries, or other non-intensive recreational, scientific or educational uses compatible with resource values. No permanent structures or impermeable surfacing or filling shall be permitted within the l00-year floodplain. Any development of the property shall be subject to regulation by conditional use permit and shall be subject to the approval of the State Department of Fish and Game. This policy has been implemented and is not proposed as part of the draft LCP. The property is currently designated as OS and is also designated as HMP hardline area, which ensure that no development occurs on the property and the natural habitat is protected. 3 1.3 Development of the "L and R" property shall be regulated as follows: a)That portion of the site agreed upon by the State Lands Commission as developable shall be permitted a maximum of 60 units of residential use (reference: State Lands Commission agenda item W503.988, 11/23/81). The developable portion of the site shall be designated RMH (l0-20 units/acre), and the remainder of the site shall be designated open space (OS). Development of the site should reflect the lower limit of the RMH range, and should be designed to "step down" development intensity away from Bristol Cove. b)Beyond the south and eastern perimeter of the developable portion of the site an area of 100 feet in width shall remain undeveloped for the purpose of providing a buffer between development and environmentally sensitive areas. As a condition of development, the perimeter of the developable area shall be maintained/ improved in a manner to prohibit uncontrolled access into the buffer area. Any landscaping, access control or other minor improvements in the buffer area shall be subject to the approval of 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 buffer area shall be dedicated in fee or easement to the State Department of Fish and Game, Coastal Conservancy, State Lands Commission, or other 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. This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. The developable portion of the site is developed with 26 residential units and is designated on the land use map as R15 (8-15 du/ac). The southern portion of the property is designated OS and is owned by the State of California. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 3 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 4 1.4 Development of the "Ferrero" property shall be regulated as follows: a)The area determined by the State Lands Commission to be developable shall be designated RMH (10-20 units per acre). The remainder of the site shall be designated Open Space (OS). b)Beyond the southern perimeter of the developable portion of the site, an area of 100 feet in width shall remain undeveloped for the purpose of providing a buffer between development and environmentally sensitive areas. The perimeter of the developable area shall be maintained/improved in a manner to prohibit 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. This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. The developable portion of the site is developed with 42 residential units and is designated on the land use map as R15 (8-15 du/ac). The southern portion of the property is dedicated as open space through an easement. 5 1.5 The Hedionda Point area between the Hoover Street extension and Whitey's Landing shall be designated RLM (0-4 units per acre). This policy has been implemented. This area is designated on the LCP land use map as R4 (0-4 du/ac). Section 2.3 of the draft LCP, which includes the land use map, replaces this policy. 6 1.6 To enhance public recreation activities, the area between Snug Harbor and Hoover Street shall be designated RC, for recreational commercial use. This policy is outdated. The Snug Harbor area is currently designated as Visitor Commercial (VC). The RC land use designation no longer exists on the LCP land use map. Section 2.3 of the draft LCP, which includes the land use map, replaces this policy. 7 1.7 The area designated "Community Park" shall be zoned open space (OS). Uses in this area shall be regulated by the open space zone and shall be sited so that there are no significant adverse impacts on agricultural lands, wildlife habitats and environmentally sensitive areas. This policy has been implemented; the area is currently designated as OS on the LCP land use and zoning maps. Section 2.3 of the draft LCP, which includes the land use map, replaces this policy. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 4 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 8 1.8 The "Ecke" property shall be regulated as follows: a)The primary use of the site shall be aquaculture. Other coastal dependent 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. This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. The site is developed with the Hubbs SeaWorld Research Institute fish hatchery, and the site is designated as OS on the LCP land use and zoning map. 9 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. It is not typical to specify development standards in land use policies; zoning regulations are the typical tool to specify standards. The Zoning Ordinance (LCP IP) establishes appropriate zoning standards for the area, including building height, setbacks and lot coverage. 10 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. Section 2.3 of the draft LCP, which includes the land use map, replaces this policy regarding the site’s land use designation. The TS (Travel Services) designation is proposed to be renamed VC (Visitor Commercial), consistent with the General Plan. See row 1, above. Regarding the requirement for a future specific plan, see draft land use Policy LCP-2-P.27. Regarding agricultural conversion, see draft agricultural resource policy LCP-5-P.10.A. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 5 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 11 2.AGRICULTURE 2.1 Conversion of agricultural property shall be consistent with Coastal Act policies, and the policies of this plan. This policy is proposed to be replaced with draft LCP policy LCP-5-P.1. 12 2.2 The south shore agricultural lands shall be designated “Open Space”. This area shall be zoned “Exclusive Agriculture” in the implementation phase of the plan. The designation of OS is complete per the land use map. Draft policy LCP-5-P.10.B addresses zoning (CR-A/OS zone), which specifies the uses that may be permitted if agriculture is no longer viable and is allowed to convert. 13 2.3 Conversion of the 45-acre SDG&E south shore property shall be subject to the following conditions: a)Prior to development SDG&E shall record a permanent open space easement over the remaining agricultural lands in favor of the City of Carlsbad. Said easement shall limit uses to agriculture, utility right-of-way and maintenance, roadways, and recreation trails that do not interfere with agricultural operations. 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. This policy is proposed to be replaced with draft LCP policy LCP-5-P.10A. a)This part of the policy is proposed to be replaced with draft LCP policy LCP-5-P.10A.2, which references draft policy LCP-5-P.10.B for the uses allowed on the remaining agricultural lands. See draft LCP page 5-8 regarding the Cannon Road Open Space, Farming and Public Use Corridor. b)This part of the policy is proposed to be replaced with draft LCP policy LCP-5-P.10A.4. c)This part of the policy is proposed to be replaced with draft LCP policy LCP-5-P.10A.3. d)This part of the policy is proposed to be replaced with draft LCP policy LCP-5-P.10A.1. The city’s agriculture conversion program does not apply here. Agriculture conversion of this site is subject to Coastal Act Section 30171.5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 6 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 14 3. ENVIRONMENTALLY SENSITIVE HABITATS, WATER AND MARINE RESOURCES 3.1 Kelly Property. No development shall occur within the boundaries of the Wetland Preserve except to the extent necessary for resource maintenance and resource management, or as approved by the State Department of Fish and Game. All allowable development within the Wetland Preserve shall be consistent with Section 30233 of the Coastal Act. No development shall occur within wetlands that are outside of the Wetland Preserve except to the extent such development is consistent with Section 30233 of the Coastal Act. Any wetlands outside of the preserve boundaries shall be delineated as part of the coastal development permit process prior to development approval. a) A buffer strip of at least 100 feet in width shall be maintained in a natural condition around the perimeter of all delineated wetlands to protect the functions and values of wetlands. The width of the buffer may be increased as determined on a case by case basis, in consultation with the State Department of Fish and Game, taking into consideration the type and size of development, the sensitivity of the wetland resources to detrimental edge effects, natural features such as topography, and the functions and values of the wetland, including the need for upland transitional habitat. In no case shall a buffer of less than 100 feet in width be permitted. b) Fencing shall be required near or adjacent to improved pedestrian and vehicular travelways to prevent uncontrolled access of persons or domestic animals into the wetland or environmentally sensitive areas; and c) No vehicle, pedestrian, or equestrian access shall be permitted within either the wetlands, environmentally sensitive habitat areas, and buffer areas, except for resource management, passive recreational uses and educational purposes. Access improvements shall be permitted only within the upper half of the required buffer. 3.1.2 Landscaping Requirements Landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. All development shall be required to identify and implement a landscape plan that provides for the installation of plant species that are native or non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted within the interior of residential subdivisions only. This policy pre-dates the HMP. The requirements of the HMP satisfy the objectives of this policy, including the following: HMP Section D.7-6: • Prohibits impacts to wetlands [which includes the Kelly property wetland preserve and surrounding wetlands], except as allowed by PRC Section 30233. • Requires that wetlands in the Coastal Zone be delineated per CCR Section 13577. HMP Section D.7-11: • Requires a 100-foot buffer from wetlands; and prohibits development, grading, or alterations, including clearing of vegetation, within the buffer area (with limited exceptions - fuel modification, trails within first 15 feet). Buffer areas without native habitat are required to be landscaped with native plants. • Signage and physical barriers such as walls or fences are required to minimize edge effects Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy the objectives of this policy by referring to and incorporating the HMP for ESHA protection inside and outside the HMP hardline and standards areas. Additionally, as a condition of approval of the Kelly Ranch Master Plan, the “Wetland Preserve” area was transferred to the California Department of Fish and Wildlife for preservation and management of its ecological value. The Fish and Game Commission designated this wetland as an Ecological Reserve in 2002. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 7 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 15 3.2 The wetland areas mapped by the State Department of Fish and Game shall be acquired by an appropriate management agency subject to the availability of funding. Methods of acquisition of those wetlands east of I-5 shall be thoroughly explored by the city, Coastal Conservancy, State Department of Fish and Game, and property owners. Methods to be considered shall include: a)Acquisition through purchase by the Coastal Conservancy, Department of Fish and Game, or other appropriate State or Federal agency. b)Acquisition through dedication in fee or through easement. c)Acquisition through transfer of development rights, or development agreement. HMP Section F establishes the preserve management requirements for HMP lands, including the wetland referred to in this policy. This policy is proposed to be replaced with the provisions of the HMP, which is part of the LCP. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy the objectives of this policy by referring to and incorporating the HMP for ESHA protection inside and outside the HMP hardline and standards areas. Additionally, as a condition of approval of the Kelly Ranch Master Plan, the “Wetland Preserve” area was transferred to the California Department of Fish and Wildlife for preservation and management of its ecological value. The Fish and Game Commission designated this wetland as an Ecological Reserve in 2002. 16 3.3 Maintenance dredging and channel alteration must be performed in a manner consistent with the applicable sections of the Coastal Act. All dredging activities will require a permit from the Army Corps of Engineers with review by appropriate agencies, including the Department of Fish and Game, U.S. Fish and Wildlife, etc. In addition, a Department of Fish and Game 1601-03 permit may be required. HMP Section D.7-6 specifies the restrictions on impacts to wetlands with a reference to PRC Section 30233, which addresses dredging. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy the objectives of this policy by referring to and incorporating the HMP for ESHA protection inside and outside the HMP hardline and standards areas. 17 3.4 A program for monitoring the eel grass beds in the Inner Lagoon, for the purpose of determining the need for protective measures, shall be carried out by the Department of Fish and Game in consultation with the City of Carlsbad, prior to dredging of the middle or inner lagoons. This policy is proposed to be replaced with draft LCP policy LCP-6-P.9. 18 3.5 Wetlands mapping by the Department of Fish and Game shall be further analyzed to delineate degraded wetlands capable of restoration. This policy is outdated and proposed to be replaced with draft LCP policy LCP-6-P.7, which requires a site-specific biological report for restoration and development projects. The biological report must identify disturbed areas adjacent to or within sensitive habitat areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 8 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 19 3.6 The implementation phase of the LCP shall include specific provisions for assuring protection of wetlands in the design of adjacent new development, including provision of adequate buffer areas, protective fencing, revegetation, etc. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy the objectives of this policy by referring to and incorporating the HMP for ESHA protection inside and outside the HMP hardline and standards areas. 20 3.7 Utility transmission and distribution facilities shall be allowed in wetland areas, provided that maintenance and construction of such improvements does not adversely impact environmentally sensitive areas and is consistent with Coastal Act Policies. This policy is outdated and not proposed as part of the draft LCP. New utility transmission and distribution facilities within wetland areas are not consistent with Section 30240 of the Coastal Act. 21 3.8 L and R Property a)Beyond the south and eastern perimeter of the developable portion of the site an area of 100 feet in width shall remain undeveloped for the purpose of providing a buffer between development and environmentally sensitive areas. As a condition of development, the perimeter of the developable area shall be maintained/improved in a manner to prohibit uncontrolled access into the buffer area. Any landscaping, access control or other minor improvements in the buffer area shall be subject to the approval of the State Department of Fish and Game. Maintenance of the buffer area shall be the responsibility of the homeowners association. b)The area beyond the developable portion of the property and buffer area shall be dedicated in fee or easement to the State Department of Fish and Game, Coastal Conservancy, State Lands Commission, or other 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. This policy is not proposed as part of the draft LCP. The property has been developed consistent with the requirements of this policy. A 100-foot-wide open space easement exists along the south and eastern perimeters. The HOA maintains the easement area. The area beyond the buffer area is owned by the State and is designated on the land use map as OS. The requirements of the HMP Section D.7-11 satisfy the objectives of this policy regarding buffer landscaping and use: HMP Section D.7-11: •Prohibits development, grading, or alterations, including clearing of vegetation, within the buffer area (with limited exceptions - fuel modification, trails within first 15 feet). Buffer areas without native habitat are required to be landscaped with native plants. •Signage and physical barriers such as walls or fences are required to minimize edge effects HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 9 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 22 3.9 A buoy system shall be constructed and maintained by the City of Carlsbad, restricting boat usage from the eastern end of the lagoon. This policy is proposed to be replaced with draft LCP policy LCP-6-P.28. 23 3.10 All development or uses within the 100-year floodplain shall adhere to the provisions of the Carlsbad Floodplain Zone Ordinance, except as specifically modified by this plan. This policy is proposed to be replaced by draft policies LCP- 7-P.38 and LCP-7-P.41. 24 3.11 Upon adoption of the Agua Hedionda Plan, the City shall request the County Assessor to reassess properties designated as wetland or wildlife preserve areas. Reassessment should be based upon the exceptional development restrictions placed on such properties. This policy is outdated and is not proposed as part of the draft LCP. The wetland/habitat areas have long been identified as such and designated as OS on the city’s land use map. The wetland areas have been subject to assessment by the assessor over the years since being identified/designated as wetlands/open space. 25 3.12 Landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space. All development shall be required to identify and implement a landscaping plan that provides for installation of plant species that are native or non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non- invasive) vegetation shall be permitted within the interior of residential subdivisions only. This policy is not proposed as part of the draft LCP. The objective is adequately addressed by the HMP, particularly the buffer requirements in section D.7 and section F.3.C, which includes the following requirement: In the Coastal Zone, the use of invasive plant species in the landscaping for developments, such as those identified in Table 12 of the HMP, shall be prohibited. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 satisfy the objectives of this policy by referring to and incorporating the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 10 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 26 3-13 Protection of Sensitive Native Vegetation Areas The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city and the Coastal zone. The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program (MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and rare native vegetation while accommodating regional development needs. The HMP provides a comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along with appropriate criteria for development requirements and delineation of development/preservation boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition, preservation and mitigation requirements, as well as enforceable monitoring, remediation and an adequately funded maintenance program for the preserve area. Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in part, “(e)nvironmentally sensitive habitat areas shall be protected against any significant disruption of habitat values…” Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the Coastal Act as “any area in which plant of animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments.” The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource protection standards require more stringent limitations to coastal ESHA impacts for individual sites. The clustering and concentration of development away from sensitive areas that will result from the proposed standards contained in the HMP and identified in the policies below will provide a larger, more contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot basis. This policy is replaced with the description of the HMP contained in Section 6.2 of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 11 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 27 3-13-1.1 Habitat Management Plan The document titled “Habitat Management Plan for Natural Communities in the City of Carlsbad, December 1999 with Two Addenda” (hereafter referred to as HMP) is incorporated herein by reference. The Second Addendum dated December, 2002 contains additional conservation standards and habitat protection policies that apply within the Coastal Zone. The HMP has been developed so as to implement and be consistent with all other provisions of this LCP, as amended. Any changes to the HMP that affect development within the coastal zone (including, but not limited to, changes to mitigation requirements) shall be certified by the Coastal Commission as LCP amendments prior to becoming effective. This policy is proposed to be replaced with draft LCP policy LCP-6-P.1. 28 3-13-1.2 Environmentally Sensitive Habitat Areas (ESHA) Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. This policy is proposed to be replaced with draft LCP policy LCP-6-P.2. 29 3-13-1.3 Coastal Sage Scrub Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species. Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be determined in consultation with the wildlife agencies. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 30 3-13-1.4 Oak Woodland An oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a species of oak. In coastal southern California, that species is generally Coast Live Oak (Quercus agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to common, and the herb layer is often continuous and dominated by a variety of annual grasses. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 12 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 31 3-13-1.5 Streams A stream is a topographical feature with a clear bed and bank that periodically conveys water. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 32 3-13-1.6 Ephemeral Drainages and Ephemeral Streams Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during and shortly after rainfall events in a typical year. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 33 3-13-1.7 Wetlands Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of Regulations Section 13577(b), ‘wetland’ means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens. Wetland shall include land where the water table is at, near or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be considered presumptive evidence of wetland conditions. Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the California Code of Regulations. Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed except as provided in that Section. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 13 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 34 3-13-1.8 Wetland Mitigation Requirements If impacts to wetlands are allowed consistent with Policy 3-13-1.7, mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 35 3-13-1.9 No Net Loss of Habitat There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland and Oak Woodland within the Coastal Zone of Carlsbad. Mitigation for impacts to any of the habitat types, when permitted, shall include a creation component that achieves the no net loss standard. Substantial restoration of highly degraded areas (where effective functions of the habitat type have been lost) may be substituted for creation subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. Development shall be consistent with Policy 3-13-1.2 of this section, unless proposed impacts are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 14 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 36 3-13-1.10 Upland Habitat Mitigation Requirements Where impacts to the habitats stated in 3-13-1.9 are allowed, mitigation shall be provided as follows: a. The no net loss standard shall be satisfied as stated in 3-13-1.9. Typically this will consist of creation of the habitat type being impacted (or substantial restoration where allowed) at a ration of at least 1:1 as provided in the HMP. b. Onsite preservation is not eligible for mitigation credit in the coastal zone except as provided in subsection g. below. c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1 with the creation component satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. e. Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be mitigated respectively at ratios of 1:1, 3:1 and 3:1, with the creation component satisfying the obligation or one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. f. Mitigation for impacts within the coastal zone should be provided within the coastal zone, if possible, particularly the 1:1 creation component, in order to have no net loss of habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if such mitigation would clearly result in higher levels of habitat protection and value and/or would provide significantly greater mitigation ratios, and the mitigation area is part of the HMP. Land area inside and outside the coastal zone which serves as mitigation for habitat impacts in the coastal zone shall be permanently retired from development potential and secured as part of the HMP preserve management plan as a condition of development approval. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 15 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 37 3-13-1.10 Upland Habitat Mitigation Requirements … g.Onsite or off-site open space preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with development if the preserve areas are disturbed and suitable for restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:1 mitigation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of qualitatively changing habitat type and may meet the creation requirement if it restores habitat type that was historically present, but has suffered habitat conversion or such extreme degradation that most of the present dominant species are not part of the original vegetation. Substantial restoration contrasts with enhancement activities, which include weeding, or planting within vegetation that retains its historical character, and restoration of disturbed areas to increase the value of existing habitat which may meet other mitigation requirements pursuant to the HMP. h.Habitat mitigation requirements other than the creation or substantial restoration component may be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of development credits on existing like habitat with permanent preservation as part of the HMP preserve management plan. i.All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for the mitigation areas, to the satisfaction of the City, the wildlife agencies and the Coastal Commission. The preserve management plan shall ensure adequate funding to protect the preserve as open space and to maintain the biological values of the mitigation areas in perpetuity. Management provisions and funding shall be in place prior to any impacts to habitat. At a minimum, monitoring reports shall be required as a condition of development approval after the first and third year of habitat mitigation efforts. The preserve management plan shall be incorporated into the Implementation Plan of the LCP through and LCP Amendment within one year of Commission certification of the HMP as part of the certified LCP. j.If any conflict should arise between Policies of the LCP and the provisions of the HMP, the LCP shall take precedence. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 16 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 38 3-13-1.11 Highly Constrained Properties There are properties in the Coastal Zone that are entirely or almost entirely constrained by environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards shall apply: a.If more than 80% of the property by area is conserved with ESHA at lease 75% of the property shall be conserved, OR b.If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP amendment, approved a Hardline preserve boundary for any of the above-described properties as part of the HMP, then the amount of onsite preservation as identified in the Hardline boundary shall apply. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 39 3-13-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: a.100 feet for wetlands b.50 feet for riparian areas c.20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less that 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 17 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 40 3-13-1.12 Buffers and Fuel Modification Zones … No development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: a.Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian area, wetlands or oak woodland. b.Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. This policy is proposed to be replaced with draft LCP policies LCP-6- P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 41 3-13-1.13 Hardline Preserve Boundaries The purpose of the standards listed above is to ensure that future development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish viable habitat corridors and preserve areas. If the City, with the concurrence of the wildlife agencies and the Coastal Commission through an LCP amendment subsequently approves a Hardline preserve boundary for any properties as part of the HMP, then the onsite preservation included in the Hardline preserve boundary shall apply. This policy is proposed to be replaced with the description of the HMP in Section 6.2 of the draft LCP; as well as draft LCP policies LCP- 6-P.1, LCP-6-P.2 and LCP-6-P.3. HMP Section D.7-10.b includes the exact wording of the last sentence of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 42 3-13-1.14 Invasive Plants The use of invasive plant species in the landscaping for developments such as those identified in Table 12 of the HMP shall be prohibited. This policy is proposed to be replaced with draft LCP policies LCP-6- P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section F.3.C includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 18 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 43 3-14 Grading and Landscaping Requirements In addition to the requirements of the City of Carlsbad Drainage Master Plan, permitted new development shall also comply with the following requirements: a.Grading activity shall be prohibited during the rainy season: from October 1st to April 1st of each year. b.All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting. c.The October 1st grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1st of special erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation. Extensions beyond November 15th may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as an amendment to an existing coastal development permit. d.If any of the responsible resource agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment, provided that appropriate best management practices (BMPs) are incorporated to limit potential adverse impacts from winter grading activities. This policy is proposed to be replaced with draft LCP policy LCP-6-P.24. 44 4.1 a.All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post- construction BMPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 19 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 45 4.1 … b. Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMP’s) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c. Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. e. Development projects should be designed to comply with the following site design principles: 1. Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2. To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3. Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4. Provide development-free buffer zones for natural water bodies. 5. Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6. Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. b. Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c. Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e. (2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e. (4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 20 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 46 4.1 … e.Development projects should be designed to comply with the following site design principles: 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. f.Priority projects identified in the SUSMP will incorporate structural BMP’s and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMP’s used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e. (7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6- P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6- P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g. Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 21 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 47 4.1 … h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definition of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMP’s for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k. Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Water within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. m.Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet, or discharging directly to an ESA, including the Pacific Ocean or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. h. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i. Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. j. Proposed to be replaced by draft policy LCP-6-P.29 k. Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. l. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. m. Proposed to be replaced by draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 22 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 48 4.1 … n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMP’s) found to be more protective of water quality than current BMP’s or removal of BMP’s found to be ineffective. (This does not include removal of BMP’s or categories of BMP’s on the basis that the City finds them to be infeasible or impractical). 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reductions in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. n. This policy is proposed to be replaced by draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 23 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 49 4.GEOLOGIC HAZARDS 4.2 Additionally, grading permits in the plan area shall include the following mitigation measures: •Avoidance of clearing operations in advance of grading; •Limit grading to the minimum area necessary to accomplish the proposed development; •Construction of drainage facilities prior to or concurrently with grading activities; •Grading of surfaces so as to direct runoff toward planned drainages and, if possible, away from cut and fill slopes; •Early planting and maintenance of ground cover suitable for slope erosion control and maximum retention of natural vegetation; •Development projects shall preserve, as feasible, natural drainage swales and landforms. The measures listed in this existing policy are intended to minimize erosion during construction (grading). Consistent with California Coastal Commission Water Quality Model Policies, draft policy LCP-6-P.23 addresses water quality impacts during construction. Draft policy LCP-6-P.15 requires compliance with Engineering Standards, which require construction BMPs that minimize erosion and water quality impacts. 50 4.3 Development projects shall provide for improvements indicated in the City of Carlsbad Drainage Master Plan, and shall limit the rate of runoff through the provision of onsite catchment basins, desilting basins, subsurface drains, and similar improvements as necessary. Runoff shall be controlled in such a way that the velocity and rate of runoff leaving the site shall not exceed that of the site in its natural state. This policy is proposed to be replaced with draft policies LCP-6-P.15 through LCP-6-P.19. 51 4.4 Recognizing the unique environmental features of the lagoon and its environs and the sensitivity of the area to soil erodibility and sedimentation, development shall be regulated as follows: a.Development on existing subdivided lots having all of their area in slopes of 25% or greater shall be permitted, but grading shall be limited to minimal site preparation for pole-type footings. Driveway/parking areas shall be limited in size and shall be restricted to an area adjacent to the local streets. Onsite vegetation shall not be disturbed beyond the minimal area needed to be cleared for the construction process, which shall be clearly delineated on approved site plans. b.Development, grading and landform alteration of natural steep slope areas (25%) shall be avoided, when feasible. Any unavoidable disturbance shall be minimized to the extent possible. Exceptions may include encroachments by roadway and utilities necessary to reach flatter developable areas, when there is no feasible less environmentally damaging alternative. The maximum allowable density shall be calculated on the total lot area, although this may be modified through setbacks, plan review, or other requirements of this plan and applicable City regulations. c.Use of the Planned Development (PD) mechanism and cluster development shall be required in areas containing environmentally sensitive resources, extensive steep slope areas and significant natural landform features. This policy is proposed to be replaced by draft policies LCP-7-P.45 through LCP-7-P.49. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 24 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 52 5.PUBLIC WORKS 5.1 All new utility systems shall be placed underground as feasible and commonly practiced. This policy was unintentionally not included in the draft LCP. The following policy is recommended to be added to the draft LCP (Chapter 5, Scenic and Visual Resource Policies; General policies applicable within the Coastal Zone (all parcels as applicable)): “All new utility systems shall be placed underground as feasible and commonly practiced.” 53 5.2 Parking standards set forth in the Carlsbad Zoning Ordinance, shall be applied to future developments. This policy is proposed to be replaced by draft policy LCP-4-P.39. 54 5.3 Parking shall be discouraged on arterial and collector streets. This policy is proposed to be replaced by draft policy LCP-4-P.39. City parking standards require new development to provide parking on- site. 55 5.4 The street system for the plan area shall be constructed as indicated in Exhibit G. This policy is outdated and not included in the draft LCP. The street system has been constructed. 56 5.5 Proposed residential development subject to street or Highway noise in excess of 60 dB shall be subject to an investigation by a qualified acoustician. This investigation shall recommend specific mitigation measures. This policy is not included in the draft LCP. Noise impacts on residential uses do not relate to Coastal Act policies to protect coastal resources and provide public access to the coast. Policies that address noise impacts on residential uses are addressed by the Carlsbad General Plan. 57 5.6 The extension of Kelly Drive, proposed in the original Specific Plan, has been deleted. If it is determined that an additional access is needed for circulation in residential areas and/or to facilitate emergency access, a local street connecting the Laguna Riviera subdivisions to El Camino Real may be permitted. Construction of the access will involve no filling of wetlands or adverse impacts on adjacent environmentally sensitive areas. This policy is outdated and not included in the draft LCP. The street system has been constructed. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 25 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 58 5.7 The Neblina Drive extension shall be allowed if it can be demonstrated that construction of the project could proceed without significant short or long term adverse impacts on the resources of the area. The following conditions shall be fulfilled prior to approval of the road extension, subject to the approval of the City Engineer and the District Director of the San Diego Office of the State Coastal Commission: a) A runoff control plan prepared by a licensed engineer qualified in hydrology and hydrolics demonstrating/ that there would be no significant increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of 6 hour, lo- year frequency storm. Runoff control may be accomplished by a variety of methods including such devices as catchment basins, detention basins, siltation traps, or other appropriate measures. b) Development approvals shall include detailed maintenance provisions for repair and maintenance of approved drainage and erosion control facilities. Permanent runoff control and erosion control devices shall be installed prior to or concurrent with onsite grading activities. c) Development shall meet all other requirements of this plan, including the provisions of the City of Carlsbad Grading Ordinance and Drainage Master Plan. This policy is outdated and not included in the draft LCP. Neblina Drive has been constructed. 59 5.8 The conceptual alignment recommended by PRC Toups (alignment 1-B) for Cannon Road shall be incorporated into this plan (see Exhibit G). In developing the precise alignment of the proposed roadway, the following design criteria and environmental protection measures shall apply: a) No portion of the road construction shall involve filling or dredging of fresh or saltwater marsh wetlands, except as noted in the letter from the Coastal Commission to the State Department of Fish and Game (2/17/82; Attachment 3, P. 56). b) To the extent that any portion of the road construction would occur in or adjacent to an environmentally sensitive habitat area other than a wetland, the road shall be sited and designed to prevent impacts which would significantly degrade such areas, shall avoid significant disruption of habitat values, and shall be sited and designed to be compatible with the continuance of habitat values. c) To the extent that there are no feasible less environmentally damaging alternatives and the road as designed would nonetheless result in adverse impacts to environmentally sensitive habitat areas, such impacts shall be fully mitigated in accordance with the recommendations of the State Department of Fish and Game. d) To protect agricultural lands from the growth-inducing potential of the project, no agricultural lands shall be assessed for construction of the road, and the road shall be designed so as to avoid uncontrolled access into adjacent agricultural areas. This policy is outdated and not included in the draft LCP. Cannon Road has been constructed. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 26 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 60 5.9 Public works improvements shall be provided as follows: a)Development shall occur in an orderly fashion, with infill properties in the urbanized area (Exhibit H) receiving priority over urban fringe or outlying properties. b)Properties having the greatest availability and proximity to urban services shall be given priority for development. c)Dedication of easements and provisions for funding all public improvements required by this plan and other City plans and ordinances, shall be a requirement for new development. Improvements shall include utility extensions, roadways, bicycle and pedestrian access designated viewpoints, and any other public improvements necessary to accommodate the proposed development. Public access trails to and along the lagoon shall be provided consistent with the Pedestrian Access Plan (Exhibit J) where feasible, in consultation with the Department of Fish and Game. Public access, and parking on interior streets shall be required as a condition of coastal development approval at the subdivision stage either through a public street system, public access easements or deed restriction. No private gated communities which preclude the general public from parking and accessing public trails along the lagoon shall be permitted. This policy is outdated and not included in the draft LCP. The areas referred to as “urbanized area” and “urban fringe” are developed with few developable properties remaining to be developed. The “outlying properties” are designated as open space on the LCP land use map. The water quality policies are proposed to be replaced with updated water quality policies that are consistent with regional requirements and California Coastal Commission Water Quality Model Policies – see draft LCP policies LCP-6-P.13 through LCP- 6-P.29. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 27 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 61 5.10 Water Quality All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92-08-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 90-42) and any amendment, revision or re-issuance thereof. In addition the following shall apply: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: Residential Development Development plans for, which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a.Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and/or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; b.Use porous materials for or near walkways and driveways where feasible; c.Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. This policy is outdated and not included in the draft LCP. The areas referred to as “urbanized area” and “urban fringe” are developed with few developable properties remaining to be developed. The “outlying properties” are designated as open space on the LCP land use map. The water quality policies are proposed to be replaced with updated water quality policies that are consistent with regional requirements and California Coastal Commission Water Quality Model Policies – see draft LCP policies LCP-6-P.13 through LCP-6-P.29. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 28 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 62 5.10 Water Quality … d. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in non-erosive manner. e. Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). 11.The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. Parking Lots Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall: a.Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Practices Handbooks (Commercial and Industrial). All Development a.A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b.A landscape management plan that includes herbicide/pesticide management. Such measures shall be incorporated into project design through a water quality/urban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or development stage, as appropriate. This policy is outdated and not included in the draft LCP. The areas referred to as “urbanized area” and “urban fringe” are developed with few developable properties remaining to be developed. The “outlying properties” are designated as open space on the LCP land use map. The water quality policies are proposed to be replaced with updated water quality policies that are consistent with regional requirements and California Coastal Commission Water Quality Model Policies – see draft LCP policies LCP-6- P.13 through LCP-6-P.29. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 29 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 6. RECREATION AND VISITOR-SERVICING FACILITIES 63 6.1 Whitey's Landing and Snug Harbor shall be designated for continued recreational-commercial use. Expansion of existing facilities at these locations shall be encouraged (Exhibit "B"). Section 2.3 of the draft LCP includes the LCP land use map, which designates these sites for visitor commercial use. This policy is proposed to be replaced with policies that promote visitor serving uses throughout the coastal zone, not just specific sites. See draft LCP policies LCP-3-P.14 to 16. 64 6.2 Construction of private docks, boat storage and launching facilities shall be subject to approval by the U.S. Army Corp of Engineers, the State Department of Fish and Game, the City of Carlsbad and the California Coastal Commission, consistent with Coastal Act Policies. This policy is proposed to be replaced by draft policy LCP-3- P.11. 65 6.3 The SDG&E agricultural conversion property adjacent to the I-5 freeway, shall be designated Travel Services. This will allow for 45 acres of additional visitor- serving commercial uses. Section 2.3 of the draft LCP, which includes the land use map, replaces this policy regarding the site’s land use designation. The TS (Travel Services) designation is proposed to be replaced with VC (Visitor Commercial), consistent with the General Plan. See row 1, above. 66 6.4 If demand for boating/launching facilities cannot be accommodated by existing development, and it can be demonstrated that the lagoon will not be adversely affected by additional boating access and is consistent with Coastal Act Policies, the City should develop public or joint public/private boat facilities in the area of Hoover Street. This policy is proposed to be replaced by draft policy LCP-3- P.7. 67 6.5 The Encina fishing area on the outer lagoon should be maintained as a public activity area. This policy is proposed to be replaced by draft policy LCP-3- P.8. 68 6.6 If boating activities on the inner lagoon reach such a high level of use that public safety is endangered or the lagoon ecosystem is being adversely impacted, the City may act to restrict maximum carrying capacity, reduce maximum speeds and limit the horse-power of boats. This policy is proposed to be replaced by draft policy LCP-3- P.7. 69 6.7 The present recreational uses of the lagoon shall be maintained and where feasible, expanded. This policy is proposed to be replaced by draft policy LCP-3- P.6. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 30 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 70 7. SHORELINE ACCESS 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. This policy is outdated. Exhibit I (referenced in this policy) is not consistent with the city’s bicycle and trails network plans. Draft LCP Figures 4-2 and 4-4 show the location of existing and future trails and bikeways. Most of the “bicycle routes” shown on Exhibit I are reflected on either Figure 4-2 or 4-4 (as a trail or bikeway). Bikeways are generally limited to streets, while trails include off-road pedestrian and multi-use pathways. This policy is proposed to be replaced with draft LCP policies LCP-4-P.22 to 27. Draft LCP “complete streets” policies (LCP-4-P.28 to 36) provide additional guidance regarding pedestrian and bicycle connectivity. 71 7.2 Pedestrian access ways shall be located as shown on Exhibit J. This policy is outdated. Draft LCP Figure 4-2 shows the location of existing and future trails and Draft LCP Figures 4-1A-C show the location of vertical and lateral pedestrian access. The provision of shoreline (vertical and lateral) pedestrian access is proposed to be addressed through policies LCP-4-P.1 to 21. Proposed “complete streets” policies (LCP-4-P.28 to 36) provide additional guidance regarding pedestrian and bicycle connectivity. 72 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. This policy is not proposed as part of the updated LCP. Trails standards are specified in the Trails Master Plan. 73 7.4 Vertical pedestrian access easements shall be a minimum 10 feet in width. Combination bicycle/pedestrian easements and lateral easements shall be a minimum 25 feet in width. This policy is proposed to be replaced with draft LCP policies LCP-4-P.4 and 7. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 31 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 74 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. (2) Routes adjacent to undeveloped properties shall be constructed at the expense of the developer at the time of development, or may be constructed by the City, subject to the availability of funding. Regarding bikeway and pedestrian improvements on city streets, the city addresses the need for funding through its CIP process. Funding of improvements on private land is addressed during project approval and conditions. The draft LCP proposes policies that state bikeways and pedestrian access shall be provided; the policies do not say how such improvements will be funded, as that is determined at a later stage. Draft LCP policy LCP-4-P.11 is proposed, which addresses the objective to seek funding from various agencies to provide more access points. 75 7.6 Access to and along the north shore of the lagoon shall be made continuous, to the maximum extent feasible, and shall be provided as a condition of development approval for all shorefront properties. All access ways shall be designed in such a manner as to allow for reasonable use by any member of the general public, and shall be designed to accommodate bicycle as well as pedestrian use. Access ways under the railroad and I-5 bridges may be designed for pedestrian use only, if bicycles could not feasibly be accommodated. If the City of Carlsbad cannot provide access under the two bridges through its best efforts, such access shall be required only if funding assistance is forthcoming from the Coastal Conservancy or other public or private source and the relevant agencies (Caltrans and the railroad company) have given the necessary approvals. This policy is proposed to be replaced with draft LCP policies LCP-4-P.8 and 14 (the topic of providing additional access to the lagoons and funding is addressed by draft policy LCP-4-P.11). 76 [There is no policy 7.7 in the Agua Hedionda Segment Land Use Plan] HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 32 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 77 7.8 Design of Access Easements, Buffer Areas, and Adjacent Development All access ways should be designed to enhance recreational use, and should include adequate open spaces for light and air, adequate signing, inviting design, and provision of adequate buffer areas and buffer landscaping to minimize conflicts with adjacent private property. All lateral public access easements shall be at least 25 feet in width landward of the mean high tide line, unless infeasible due to extreme topographic limitation. The portion of the easement which is actually developed for access purposes may be less than the complete 25-foot width, provided that the developed area is sufficient to reasonably accommodate anticipated access demand. To meet these objectives, the following design criteria shall apply to all structures proposed to be located within 100 feet of any access easement or other public recreational use area: a)All portions of such structures shall be set back from the point nearest any public use area a distance equivalent to twice the height of the structure above finished grade; and b)New development shall provide landscaping adequate to minimize visual intrusion upon public use areas. This policy is proposed to be replaced with draft LCP policies LCP-4-P.7, 9, 15 and 16. 78 7.9 Access Signing All public use areas shall be clearly identified through a uniform signing program, to be carried out by the City of Carlsbad or as a condition of individual private developments. Signs or other devices on public or private property which might deter use of public access areas shall be prohibited within the Agua Hedionda Plan area. This policy is proposed to be replaced with draft LCP policy LCP-4-P.16. 79 7.10 Bristol Cove To minimize potential traffic conflicts development in Bristol Cove should discourage parking design which necessitates backing out into the street. A single driveway with adequate onsite turning area would contribute to traffic safety, and would also permit enhancement of the visual aesthetics of the area by providing room for buffer landscaping. This policy is outdated and has been implemented; it is not proposed as part of the draft LCP. Bristol Cove has been developed; parking and vehicle circulation were designed consistent with the city’s parking and engineering requirements, which ensure public safety. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 33 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 80 7.11 “Pannonia” Property To achieve consistency with Sections 30221 and 30252(b) of the Coastal Act, design of a residential subdivision on the Pannonia property shall preserve the bluff face and provide for a landscaped recreational access way around the south and west perimeter of the blufftop. Such a trail shall be of adequate width and designed to facilitate public use for bicycling, strolling and other passive recreational purposes. This policy is outdated and has been implemented; it is not proposed as part of the draft LCP. As part of the residential development on the subject site, a public pedestrian/bicycle access easement/trail (per CT 85-18) was constructed and is existing along the south and west perimeter of the blufftop. 81 7.12 Public transit availability shall be provided as follows: a)As land within the Specific Plan area develops, the North County Transit Company bus system should be expanded to provide optimum levels of service. b)Future street systems within the Specific Plan area shall be constructed in a manner which can accommodate the public bus system. c) Accessory facilities, such as bus turnouts, shelter and benches shall be provided at key locations along the existing and future bus routes. This policy is proposed to be replaced with draft LCP policies LCP-4-P.28, and 34 to 36. 82 7.13 Informal vertical beach access through the SDG&E beach front property should be improved and dedicated to the appropriate management agency (i.e., City of Carlsbad, Coastal Conservancy or State Department of Parks and Recreation). This policy is proposed to be replaced with draft LCP policy LCP-4-P.13. 83 8. VISUAL RESOURCES AND HISTORIC PRESERVATION 8.1 Park Avenue, Adams Avenue and Carlsbad Boulevard are designated as scenic roadways. Development adjacent to these roads shall maintain a minimum 20-foot landscaped buffer between the street and parking areas. Required landscaped setbacks may include sidewalks and bikeways, but shall not include parking areas. Parking areas shall be screened from the street utilizing vegetation, tree forms, and berms, as appropriate. This policy is proposed to be replaced with draft LCP Figures 5- 3A, B and C, and policy LCP-5-P.26 to 30. The existing policy treats the street as the scenic resource; the proposed new policies treat the street as a public area from which to view the coastal viewshed. The existing policy requirement to screen parking areas with landscaping could conflict with the new policies, which specify that landscaping shall not block views of the coastal viewshed. 84 8.2 Special vista points and viewing areas shall be preserved, and made available to the public, as indicated on Exhibit K. This policy is proposed to be replaced with draft LCP Figures 5- 3A, B and C, and policy LCP-5-P.26 to 30. Figures 5-3A, B and C identify “scenic viewing areas” from which views of the coastal viewshed are to be protected. The scenic viewing areas shown on Figures 5-3A, B and C are more comprehensive than the vista points and viewing areas referenced in this existing policy. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 34 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 85 8.3 Development located adjacent to scenic roadways, or located between the road and shoreline, shall be regulated as follows: a. Where a significant elevation difference (e.g., 35 feet) exists between the shoreline and the first parallel public road, as in the case of Hedionda Point and Snug Harbor, no portion of a structure in the intervening area shall be permitted to exceed the elevation of the roadway. b. Where no significant elevation difference exists between the shoreline and the first parallel public road, permitted development in the intervening area shall provide a view corridor, of a width equivalent to at least one-third of the road frontage of the parcel, which shall be kept free of all structures and free of landscaping which at maturity would rise above a reasonable view line from vehicles passing on the public road. c. On all property adjoining the shoreline, permitted development shall be designed to "step down" in height, to avoid casting shadows on shoreline areas and to produce a perceived transition from open space areas to developed areas; and d. Any development proposed to be located on or near a significant landform (e.g., Hedionda Point) shall be designed so as to minimize disturbance of natural landforms, and shall be developed in a manner that assures its compatibility and harmony with the natural landform through use of such architectural techniques as terraced or pole foundations and variation of roof lines to complement the topography. e. Any residential subdivision on Planning Area A shall be designed to preserve natural landforms and shall provide a public view corridor at the western property line of sufficient width to preserve the existing view towards the lagoon in that location. At least one additional view corridor shall be provided across the central portion of the site, such that the total width of at least two view corridors is not less than 200 feet. The public view corridor(s) shall be kept free of all structures and free of landscaping which at maturity would rise above a reasonable viewline from vehicles passing on the public road. The view corridor shall be secured through deed restriction or easement as a condition of subdivision approval. a. This policy is proposed to be replaced with draft LCP policy LCP-5-P.31.A. b. This policy is proposed to be replaced with draft policy LCP-5-P.31.B c. This policy is proposed to be replaced with draft LCP policies LCP-5-P.23. d. This policy is proposed to be replaced with draft LCP policy LCP-5-P.22. e. It’s not clear where Planning Area A is. This policy is the only reference to the area. Since the policy requires two 200-foot view corridors, it likely originally applied to a large undeveloped parcel. There no longer remains any single large undeveloped parcel (that is developable). Planning Area A is likely now subdivided and developed. This policy is not proposed as part of the draft LCP. Draft policy LCP-5-P.31B ensures new development will provide view corridors of the coastal viewshed from scenic streets. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 35 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES AGUA HEDIODA SEGMENT 86 8.4 All new development in the plan area shall be subject to the provisions of the Carlsbad Scenic Preservation Overlay Zone. This policy is not proposed as part of the draft LCP. The Scenic Preservation Overlay Zone states that the city can adopt standards or guidelines for areas where the overlay zone is applied. The SP overlay zone was not applied to the Agua Hedionda Segment; and therefore, no scenic standards have been established for the area. Draft LCP policies LCP-5-P.22 through 32 provide specific guidance on protection of public views of scenic areas; whereas the SP overlay zone does not provide any specific guidance for this area. 87 8.5 Archaeological sites in the plan area shall be preserved or excavated as provided in Attachment 2. This policy is proposed to be replaced with draft LCP policies LCP-5-P.12 through LCP-5-P.21. Note: Attachment 2 of the Agua Hedionda LUP refers to specific cultural resource sites and the importance of resources at the sites. While the site locations are not identified, the level of information and reference to specific sites may not be consistent with laws that protect the confidentiality of Native American resources. Also, the methods that Attachment A identify to protect the resources were based on methods utilized in the late 70s/early 80s; the proposed draft LUP includes policies that are consistent with new state laws and require that qualified professionals determine the appropriate measures to protect resources. 88 8.6 The regulation of signs shall be in accordance with the Carlsbad Zoning Ordinance. Additionally, no freestanding, roof or pole signs shall be permitted. Commercial uses shall provide wall or monument signs. This policy is proposed to be replaced with draft LCP policy LCP-5-P.25. 89 8.7 To achieve consistency with Sections 30221 and 30252(b) of the Coastal Act, design of a residential subdivision on the Pannonia property shall preserve the bluff face and provide for a landscaped recreational access way around the south and west perimeter of the blufftop. Such a trail shall be of adequate width and designed to facilitate public use for bicycling strolling and other passive recreational purposes. This policy has been implemented and is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 36 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 90 1. Standard Pacific Policy 1 - Maximum Density of Development The Standard Pacific property shall be designated for a medium density residential development with a maximum density of 7 dwelling units per gross acre. The property shall be developed using the City's RD-M (Residential-Multiple Zone) or PC (Planned Community) in effect at the date of certification. An overlay zone shall be established incorporating the Coastal Act requirements. All permitted uses in the underlying zone shall be conditional uses in the overlay zone. Divisions of land and other developments as defined in the Coastal Act shall be in accord with the requirements of the Policies contained herein. Poinsettia Lane shall be extended only as generally shown on the PRC Toups land use map to the eastern boundary of the site. The location of Poinsettia Lane is in no way determined by this Local Coastal Program (LCP), however, this LCP is not intended to preclude access to agricultural areas to the east. Development of the property may occur only under the provisions of the Pacific Rim Country Club and Resort Master Plan, and shall be subject to the requirement of Policy 2 “Agriculture/Planned Development.” This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. The LCP land use designations for the property are R-8 (4-8 du/ac) and OS; LCP zoning is RD-M and OS. Poinsettia Lane has been extended beyond the eastern boundary of the property; the policy language is out dated. 91 1. Standard Pacific … Policy 2 – Buffers A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete block wall a minimum of 6 feet in height, shall be provided between residential development and agricultural areas to the north and east. As a partial alternative, utilization of natural topographic separations such as trees, Chaparral, and existing slopes is encouraged, to the extent that such separations can be incorporated into site planning and would accomplish adequate attenuation to noise and dust. Permanent maintenance of this area and any structures, through a homeowners association or other acceptable means, shall be provided as a condition of development. This policy is no longer relevant. The agricultural areas north and east of the Standard Pacific property have converted and are now developed with residential uses. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 37 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 92 1.Standard Pacific - … Policy 3 – Drainage, Erosion Control a.All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdiction Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. Such mitigation shall become an element of the project and shall be installed prior to the initial grading. At a minimum, such mitigation shall require construction of all improvements shown in the City of Carlsbad Drainage Master Plan between the project site and the lagoon (including the debris basin), revegetation of all graded areas immediately after grading, and mechanism for permanent maintenance if the City declines to accept the responsibility. Construction of drainage improvements may be through formation of an assessment district or through any similar arrangement that allots costs among the various landowners in an equitable manner. b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases to pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. a.Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post- construction BMPs). b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d.Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 38 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 93 1.Standard Pacific - … Policy 3 – Drainage, Erosion Control … e.Development projects should be designed to comply with the following site design principles: 1)Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2)To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3)Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4)Provide development-free buffer zones for natural water bodies. 5)Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6)Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7)Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8)Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9)Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10)Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e. (2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e. (4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e. (7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6- P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP- 6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 39 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 94 1.Standard Pacific - … Policy 3 – Drainage, Erosion Control … f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of the publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g.Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h.The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i.Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. j.Proposed to be replaced by draft policy LCP-6-P.29 k.Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 40 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 95 1.Standard Pacific - … Policy 3 – Drainage, Erosion Control … l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Project Discharging to Receiving Water within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. m. Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n. Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1)Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable). 2)Addition of new development categories as Priority Projects. 3)Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4)Reductions in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. l. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. m. Proposed to be replaced by draft LCP Table 6-2 and draft policies LCP-6- P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced by draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 41 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 96 1.Standard Pacific … Policy 4 - Parking Parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance. This policy is proposed to be replaced with draft LCP policy LCP-4-P.39. 97 1.Standard Pacific … Policy 5 – Environmental Impact Report Biological and cultural resources on the site shall be identified, and any adverse impacts associated with development mitigated, through a site specific environmental impact report (EIR). Proposed mitigation shall be incorporated in the project design. This policy is no longer relevant. The Standard Pacific property is developed with residential uses or is designated open space. The development was subject to environmental review per CEQA, which included evaluation and mitigation of any significant impacts to biological and cultural resources. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 42 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 98 2.Occidental Land, Inc. Policy 1 - Land Uses The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee as required by the Agricultural Subsidy Program established by the Mello II LCP Segment (AB 1971) adopted and certified by the Coastal Commission on June 3, 1981. With the election to pay the agriculture conversion fee, the Agricultural Subsidy Program allowed the “Occidental Land, Inc.” properties to be developed in accordance with the land uses described below. Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was replaced with the Agriculture Conversion Mitigation Fee (Public Resource Code Section 30171.2 and 30171.5) (Mello II Segment Policy 2-1 Option 3). As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the adoption of the Mello II Segment remained “operative” even though the Agricultural Subsidy Program was replaced. The Occidental Land parcels are hereby designated as follows: (1)The area located east of Interstate 5 and north of Poinsettia Lane shall be designated for residential use at a maximum density of 8 dwelling units per acre. (2)The area located east of Interstate 5 and south of Poinsettia Lane shall be designated for residential use at a maximum density of 8 dwelling units per acre. (3)The area located west of Interstate 5 and south of Poinsettia Lane shall be designated for visitor-serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad Zoning Ordinance. (4)The area located west of Interstate 5 and north of Poinsettia Lane shall be designated for visitor-serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad Zoning Ordinance, provided that a minimum of 35% is developed as visitor serving uses. This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. 1.The area east of I-5 and north of Poinsettia Lane is developed per the R-8 (4-8 du/ac) and OS LCP land use designations. 2.The area east of I-5 and south of Poinsettia Lane is developed per the R-8 (4-8 du/ac) and OS LCP land use designations. 3.The area west of I-5 and south of Poinsettia Lane is developed per the Local Shopping Center (L) LCP land use designation. 4.The area west of I-5 and north of Poinsettia Lane is developed per the Visitor Commercial (VC) and General Commercial (GC) LCP land use designations. Approximately 60% of the area is developed with visitor serving uses (hotels and a restaurant). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 43 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 99 2. Occidental Land, Inc. … Policy 2 – Drainage, Erosion Control a. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. Such mitigation shall become an element of the project and shall be installed prior to initial grading. Mitigation shall also require construction of all improvements shown in the City of Carlsbad Drainage Master Plan and amendments thereto between the project site and the lagoon (including the debris basin), revegetation of all graded areas immediately after grading, and a mechanism for permanent maintenance if the City declines to accept responsibility. The offsite drainage improvements shall be reimbursable to Occidental by use of assessment districts, development agreements or other appropriate means acceptable to the City. b. Prior to making land use decisions, the City shall utilize methods available to estimate increases to pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases to peak runoff rate. c. Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm water system (MS4) shall be utilized. d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. … a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). b. Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c. Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 44 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 100 2.Occidental Land, Inc. … Policy 2 – Drainage, Erosion Control … e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e. (2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e. (4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e. (7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP- 6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP- 6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6- P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 45 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 101 2.Occidental Land, Inc. … Policy 2 – Drainage, Erosion Control … f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to “Environmentally Sensitive Areas” (ESA) identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. … f. Proposed to be replaced by draft policies LCP-6- P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g. Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i. Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. j. Proposed to be replaced by draft policy LCP-6-P.29 k. Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 46 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 102 2.Occidental Land, Inc. … Policy 2 – Drainage, Erosion Control … l. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. m. Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1)Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impractical). 2)Addition of new development categories as Priority Projects. 3)Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4)Reductions in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. l. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. m. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP- 6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 47 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 103 2.Occidental Land, Inc. … Policy 3 – Parking In the event of commercial and/or residential development pursuant to a coastal development permit; parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance. This policy is proposed to be replaced with draft LCP policy LCP-4-P.39. 104 2.Occidental Land, Inc. – … Policy 4 – Environmental Impact Report In the event of commercial and/or residential development pursuant of a coastal development permit, biological and cultural resources on the site shall be identified, and any adverse impacts associated with development mitigated, through a site specific environmental impact report (EIR). Proposed mitigation shall be incorporated in the project design. This policy is no longer relevant. The Occidental Land property is developed with residential uses or is designated open space. The development was subject to environmental review per CEQA, which included evaluation and mitigation of any significant impacts to biological and cultural resources. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 48 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 105 3.Rancho La Costa (Hunt Property) Policy 1 – Not Used Policy 2 – Not Used (1)Development of the property may occur only under the provisions of Master Plan, and shall be subject to the requirements of Policy 2 “Agriculture/Planned Development.” (2)The land uses allowed by the Master Plan shall be compatible with the City of Carlsbad General Plan as amended to provide a combination of residential, commercial (including visitor serving) and open space uses. (3)Residential density permitted through the Master Plan shall not exceed that allowed by the City of Carlsbad General Plan. (4)All land uses and intensity of use shall be compatible with the protection of sensitive coastal resources. (5)Land use intensity shall be consistent with that allowed by the Carlsbad Growth Management Ordinance (Chapter 21.90, Carlsbad Municipal Code). The property shall be developed using the existing planned community zone with the additional requirements contained in the policies herein. All developments as defined by the Coastal Act require a coastal development permit and master plan that is consistent with the Carlsbad General Plan. Conversion of any portion of these non-prime agricultural lands as shown on the PRC Toups maps (See Exhibit 3.3) to urban uses pursuant to the master plan shall be allowed if the following findings are made: (1a) Conversion would preserve prime agricultural land or concentrate development consistent with Section 30250 of the Public Resources Code; or (1b) Continued or renewed agriculture is no longer feasible; or (1c) Payment of an agricultural conversion mitigation fee in an amount not less than $5,000 and not more than $10,000 per net converted acre has been made; and (2)Conversion would be compatible with continued agricultural use on surrounding lands; (3)The master plan provides overriding benefits to the resources of Batiquitos Lagoon; (4)The master plan provides significant protection and enhancement of environmentally sensitive habitats above and beyond the existing land use control's current requirements. This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. The property has developed per the Aviara Master Plan and LCP land use designations, which include a range of residential densities, visitor commercial uses and open space. The property is zoned Planned Community (PC). All agriculture within the Rancho La Costa/Hunt area has been converted; no agriculture remains in this area. All but two sites in this area are developed or are designated open space. One of the two undeveloped sites contains no agriculture and is designated for residential development. The other of the two sites is not yet fully developed per the VC land use designation but is being utilized for parking and recreation. Per the Aviara Master Plan, all agriculture mitigation fees were paid prior to recording the first final map for any of the planning areas in each phase of the project. See draft LCP page 5-7 for a description of the Carlsbad Agriculture Conversion Mitigation Program, which addresses the use of the conversion fees. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 49 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 106 3.Rancho La Costa (Hunt Property) … The amount of agricultural conversion mitigation fee shall be determined by the City Council at the time it considers a development permit for conversion of the property to urban uses and shall reflect the per acre cost of preserving prime agricultural land pursuant to paragraph 1a. The fee shall be deposited in the State Coastal Conservancy Fund and shall be expended in the following order of priority: (1)Restoration of natural resources and wildlife habitat in Batiquitos Lagoon, including but not limited to payment for operation and maintenance of a Lagoon enhancement program. (2)Development of an interpretive center at Buena Vista Lagoon. (3)Restoration of beaches managed for public use in the City of Carlsbad. (4)Purchase of agricultural lands for continued agricultural production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council. (5)Agricultural improvements which will aid in the continuation of remaining agricultural production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council This policy has been implemented; the site has been developed consistent with the policy. The policy is not proposed as part of the draft LCP. All agriculture within the Rancho La Costa/Hunt area has been converted; no agriculture remains in this area. All but two sites in this area are developed or are designated open space. One of the two undeveloped sites contains no agriculture and is designated for residential development. The other of the two sites is not yet fully developed per the VC land use designation but is being utilized for parking and recreation. Per the Aviara Master Plan, all agriculture mitigation fees were paid prior to recording the first final map for any of the planning areas in each phase of the project. See draft LCP page 5-7 for a description of the Carlsbad Agriculture Conversion Mitigation Program, which addresses the use of the conversion fees. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 50 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 107 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control Under the P-C Zone requirements and the development intensities established in Policy 1 – Maximum Density of Development, the development shall conform to the following additional development standards: 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 the CEQA environmental review on a project-by-project basis and shall be required as a condition of a coastal development permit. (1)For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage Scrub and Chaparral plant communities, the following policy language would apply: (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 or the City's Circulation Element or the development of utility systems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. (b)No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 10% of the total site area. (c)Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. 1) and (2) These policies are proposed to be replaced with draft LCP policies LCP-6-P.3, LCP-7-P.46 and LCP-7-P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 51 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 108 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (2)For all other steep slope areas, the City Council may allow exceptions to the above grading provisions provided the following mandatory findings to allow exceptions are made: (a)A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years, or life of structure. (b)Grading of the slope is essential to the development intent and design. (c)Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas. (d)If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. (e)If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be allowed only if no interruption of significant wildlife corridors occurs. (3)Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken on and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. (4)The appropriate measures shall be installed prior to onsite grading. (5)All undevelopable slopes shall be placed in open space easements as a condition of development approval. 1) and (2) These policies are proposed to be replaced with draft LCP policies LCP- 6-P.3, LCP-7-P.46 and LCP-7-P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. 3) and (4) This policy is proposed to be replaced with draft LCP policies LCP-6- P.2, and LCP-6-P.15 through LCP-P.6-26, which address runoff and reflect current regional and California Coastal Commission water quality protection requirements. (5) This policy is proposed to be replaced with draft LCP policy LCP-7-P.49.C. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 52 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 109 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (6) (a)All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, with the additions and changes adopted herein, such that a natural drainage system is generally preserved for the eastern undeveloped watersheds, but that storm drains are allowed for those western portions of the watershed which have already been incrementally developed. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. (b)Prior to making land use decisions, the City shall utilize methods available to estimate increase in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. (c)Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. (d)Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. (6)(a) Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post- construction BMPs). (6)(b). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. (6)(c). Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. (6)(d). Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 53 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 110 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (6) … (e) Development projects should be designed to comply with the following site design principles: 1)Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2)To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3)Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4)Provide development-free buffer zones for natural water bodies. 5)Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6)Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7)Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8)Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 6)(e)(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. (6)(e)(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6- P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. (6)(e)(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. (6)(e)(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. (6)(e)(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run- on, runoff, and wind. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 54 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 111 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (6) … (e) Development projects should be designed to comply with the following site design principles: … 9)Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10)Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. (f)Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. (g)Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASWA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. (h) Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. (6)(e)(9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. (6)(e)(10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. (6)(f). Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. (6)(g). Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. 6)(h). The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 55 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 112 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (6) … (i)The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. (j)The City will encourage and support public outreach and education regarding the potential water quality impacts of development. (k)Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. (l)Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. (m)Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating, polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. (6)(i). Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. (6)(j) Proposed to be replaced by draft policy LCP-6-P.29 (6)(k) Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. (6)(l) Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. (6)(m) Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6- P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 56 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 113 3.Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (6) … (n)Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas. (o)The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1)Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible of impractical). 2)Addition of new development categories as Priority Projects. 3)Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4)Reduction in the area of impervious surfaces used to designate a specific category of Priority Project. (p)Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. (6)(n) This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6- P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” (6)(o)(p) Proposed to be replaced by draft policy LCP-6- P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 57 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 114 3. Rancho La Costa (Hunt Property) - … Policy 3 – Drainage and Erosion Control … (7) Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria: (a) Submittal of a runoff control plan designed by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year frequency storm. Runoff control shall be accomplished by a variety of measures, including, but not limited to, onsite catchment basins, detention basins, siltation traps and energy dissipators and shall not be concentrated in one area or a few locations. (b) Detailed maintenance arrangements and various alternatives for providing the ongoing repair and maintenance of any approved drainage and erosion control facilities. (c) All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any onsite grading activities. (d) All areas disturbed by grading, but not completed during the construction period, including graded pads, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscaped architect and shall consist of seeding, mulching, fertilization and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles. (7) Proposed to be replaced by draft policies LCP-6-P.15 through LCP-P.6-26, which address runoff and reflect current regional and California Coastal Commission water quality protection requirements. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 58 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 115 3.Rancho La Costa (Hunt Property) … Policy 4 - Buffer/Open Space A sturdy fence, generally a minimum of a 6 ft. concrete block wall, shall be provided between residential development and agricultural areas. Natural topographic separations such as trees, Chaparral, and slopes shall be included if those features would be protected by the provisions of Policies 1 through 3. Permanent maintenance through a homeowners association or other acceptable means shall be provided as a condition of development. Roads shall be designed as much as possible to function as buffers between agriculture and residences. The P-C zone requirement of open space can be used in conjunction with this requirement. This policy is no longer relevant. All agriculture within the Rancho La Costa/Hunt property has been converted to other uses. Regarding other agricultural areas in the Coastal Zone, draft LCP policy LCP-5-P.2 addresses buffers and other features to minimize conflicts between agriculture and urban uses. 116 3.Rancho La Costa (Hunt Property) … Policy 5 - Parking/Siting Due to severe site constraints, innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated in the master plan to minimize the paved surface area. This policy is outdated. The property has been developed consistent with city regulations for parking and resource protection. This policy is not proposed as part of the draft LCP. Any future development/redevelopment in the area will be subject to proposed policy LCP-4-P.39 and all other standards applicable to resource protection, including storm water regulations that limit the amount of impervious surfaces in development. 117 3.Rancho La Costa (Hunt Property) … Policy 6 - Environmental Impact Report Biological and cultural resources on the site shall be identified, and any adverse impacts associated with development mitigated, through a site specific environmental impact report (EIR). Proposed mitigation shall be incorporated in the project design. This policy is no longer relevant. The Rancho La Costa/Hunt property is part of the Aviara Master Plan. An EIR for the master plan was prepared; biological and cultural resources were evaluated; the master plan area has developed pursuant to the EIR and applicable mitigation measures. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 59 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 118 3.Rancho La Costa (Hunt Property) … Policy 7 – Protection of Sensitive Native Vegetation Areas The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city and the Coastal zone. The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program (MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and rare native vegetation while accommodating regional development needs. The HMP provides a comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along with appropriate criteria for development requirements and delineation of development/preservation boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition, preservation and mitigation requirements, as well as enforceable monitoring, remediation and an adequately funded maintenance program for the preserve area. Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in part, “environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values…” Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the Coastal Act as “any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource protection standards require more stringent limitations to coastal ESHA impacts for individual sites. The clustering and concentration of development away from sensitive areas that will result from the proposed standards contained in the HMP and identified in the policies below will provide a larger, more contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot basis. This policy is proposed to be replaced with the description of the HMP in Section 6.2 of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 60 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 119 3.Rancho La Costa (Hunt Property) … 7-1.1 Habitat Management Plan The document titled “Habitat Management Plan for Natural Communities in the City of Carlsbad, December 1999 with Two Addenda” (hereafter referred to as HMP) is incorporated herein by reference. The Second Addendum dated December 2002 contains additional conservation standards and habitat protection policies that apply within the Coastal Zone. The HMP has been developed so as to implement and be consistent with all other provisions of this LCP, as amended. Any changes to the HMP that affect development within the coastal zone (including, but not limited to, changes to mitigation requirements) shall be certified by the Coastal Commission as LCP amendments prior to becoming effective. This policy is proposed to be replaced with the following draft LCP policies LCP-6-P.1 and LCP-6-P.3. 120 3.Rancho La Costa (Hunt Property) … 7-1.2 Environmentally Sensitive Habitat Areas (ESHA) Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. This policy is proposed to be replaced with draft LCP policy LCP-6-P.2. 121 3.Rancho La Costa (Hunt Property) … 7-1.3 Coastal Sage Scrub Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species. Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be determined in consultation with the wildlife agencies. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 61 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 122 3.Rancho La Costa (Hunt Property) … 7-1.4 Oak Woodland An oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a species of oak. In coastal southern California, that species is generally Coast Live Oak (Quercus agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to common and the herb layer is often continuous and dominated by a variety of annual grasses. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 123 3.Rancho La Costa (Hunt Property) … 7-1.5 Streams A stream is a topographical feature with a clear bed and bank that periodically conveys water. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 124 3.Rancho La Costa (Hunt Property) … 7-1.6 Ephemeral Drainages and Ephemeral Streams Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during and shortly after rainfall events in a typical year. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 62 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 125 3.Rancho La Costa (Hunt Property) … 7-1.7 Wetlands Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of Regulations Section 13577(b), ‘wetland’ means lands within the coastal zone, which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats and fens. Wetland shall include land where the water table is at, near or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be considered presumptive evidence of wetland conditions. Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the California Code of Regulations. Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed except as provided in that Section. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 126 3.Rancho La Costa (Hunt Property) … 7-1.8 Wetland Mitigation Requirements If impacts to a wetland are allowed consistent with Policy 7-1.7, mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 63 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 127 3.Rancho La Costa (Hunt Property) … 7-1.9 No Net Loss of Habitat There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland and Oak Woodland within the Coastal Zone of Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation component that achieves the no net loss standard. Substantial restoration of highly degraded areas (where effective functions of the habitat type have been lost) may be substituted for creation subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. Development shall be consistent with Policy 7-1.2 of this section, unless proposed impacts are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 128 3.Rancho La Costa (Hunt Property) … 7-1.10 Upland Habitat Mitigation Requirements Where impacts to the habitants stated in 7-1.9 are allowed, mitigation shall be provided as follows: a.The no net loss standard shall be satisfied as stated in 7-1.9. Typically this will consist of creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of at least 1:1 as provided in the HMP. b.Onsite preservation is not eligible for mitigation credit in the coastal zone except as provided in subsection g. below. c.Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation component satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. d.Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 64 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 129 3.Rancho La Costa (Hunt Property) … 7-1.10 Upland Habitat Mitigation Requirements … e.Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be mitigated respectively at ratios of 1:1, 3:1 and 3:1, with the creation component satisfying the obligation or one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. f.Mitigation for impacts within the coastal zone should be provided within the coastal zone if possible, particularly the 1:1 creation component, in order to have no net loss of habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if such mitigation would clearly result in higher levels of habitat protection and value and/or would provide significantly greater mitigation ratios and the mitigation area is part of the HMP. Land area inside and outside the coastal zone which serves as mitigation for habitat impacts in the coastal zone shall be permanently retired from development potential and secured as part of the HMP preserve management plan as a condition of development approval. g.Onsite of off-site open space preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with development if the preserve areas are disturbed and suitable for restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:1 mitigation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of qualitatively changing habitat type and may meet the creation requirement if it restores habitat type that was historically present, but has suffered habitat conversion or such extreme degradation that most of the present dominant species are not part of the original vegetation. Substantial restoration contrasts with enhancement activities, which include weeding or planting within vegetation that retains its historical character, and restoration of disturbed areas to increase the value of existing habitat which may meet other mitigation requirements pursuant to the HMP. h.Habitat mitigation requirements other than the creation or substantial restoration component may be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of development credits on existing like habitat with permanent preservation as part of the HMP preserve management plan. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 65 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 130 3.Rancho La Costa (Hunt Property) … 7-1.10 Upland Habitat Mitigation Requirements … i.All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for the mitigation areas, to the satisfaction of the City, the wildlife agencies and the Coastal Commission. The preserve management plan shall ensure adequate funding to protect the preserve as open space and to maintain the biological values of the mitigation areas in perpetuity. Management provisions and funding shall be in place prior to any impacts to habitat. At a minimum, monitoring reports shall be required as a condition of development approval after the first and third year of habitat mitigation efforts. The preserve management plan shall be incorporated into the Implementation Plan of the LCP through an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP. j.If any conflict should arise between the Policies of the LCP and the provisions of the HMP, the LCP shall take precedence. If any conflict should arise between the policies of the certified Mello I LUP and the certified Implementation Plan the policies of the certified Mello I LUP shall take precedence. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 131 3.Rancho La Costa (Hunt Property) … 7-1.11 Highly Constrained Properties There are properties in the Coastal Zone that are entirely or almost entirely constrained by environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards shall apply: a.If more than 80% of the property by area is covered with ESHA at least 75% of the property shall be conserved, OR b.If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP amendment, approved a Hardline preserve boundary for any of the above-described properties as part of the HMP, then the amount of onsite preservation as identified in the Hardline boundary shall apply. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 66 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 132 3.Rancho La Costa (Hunt Property) … 7-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: a.100 feet for wetlands b.50 feet for riparian areas c.20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland). Buffer widths shall be measured from the edge of preserved habitat nearest the development to the closest point of development. For wetlands and riparian areas possessing an unvegetated bank or steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area, the buffer shall be measured from the top of the slope. Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations. No development, grading or alterations, including clearing of vegetation, shall occur in the buffer area, except for: a.Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat. No fuel modification shall take place within 50 feet of riparian areas, wetlands or oak woodland. b.Recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat and that appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6- P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section D.7. includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 67 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO I SEGMENT 133 3.Rancho La Costa (Hunt Property) … 7-1.13 Hardline Preserve Boundaries The purpose of the standards listed above is to ensure that the future development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish viable habitat corridors and preserve areas. If the City, with the concurrence of the wildlife agencies and the Coastal Commission through an LCP amendment subsequently approves a Hardline preserve boundary for any properties as part of the HMP, then the onsite preservation included in the Hardline preserve boundary shall apply. This policy is proposed to be replaced with the description of the HMP in Section 6.2 of the draft LCP; as well as draft LCP policies LCP-6-P.1 and LCP-6-P.3. HMP Section D.7-10.b includes the exact wording of the last sentence of the existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 134 3.Rancho La Costa (Hunt Property) … 7-1.14 Steep Slope Encroachments The percentage of steep slope encroachment allowed by the drainage and erosion control policies may be modified for development consistent with the habitat protection policies listed above and approved as part of the adopted HMP. This policy is proposed to be replaced with LCP-6-P.3. HMP section F addresses erosion control measures to protect habitat. Development proposals must comply with both the HMP and other regulations that limit development on slopes. The most restrictive applies. See draft policies LCP-7-P.46 and LCP-7-P.48 to 50 for policies regarding steep slopes. 135 3.Rancho La Costa (Hunt Property) … 7-1.15 Invasive Plants The use of invasive plant species in the landscaping for developments such as those identified in Table 12 of the HMP shall be prohibited. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 and LCP-6-P.3, which refer to and incorporate the HMP for ESHA protection inside and outside the HMP hardline and standards areas. HMP Section F.3.C includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 68 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 136 1. LAND USE PLAN Policy 1-1 ALLOWABLE LAND USES (MELLO II) Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program. Section 2.3 of the draft LCP and draft policy LCP 2- P.6 replace this policy. 137 Policy 1-2 MAXIMUM DENSITY OF DEVELOPMENT Residential densities shall be permitted and based on the underlying LCP land use designation. The residential land use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. Section 2.3 of the draft LCP, which includes the LCP land use map and the provisions for maximum density, replaces this policy. 138 2. AGRICULTURE POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a) Basic Agricultural Policies (1) Coastal Agriculture: Consistent with the provisions of Sections 30241 and 30242 of the Coastal Act, it is the policy of the City to contribute to the preservation of the maximum amount of prime agricultural land throughout the coastal zone by providing for the balanced, orderly conversion of designated non-prime coastal agricultural lands. Non-prime agricultural lands identified on Map X, including the 301.38 acre Carltas Property, are designated Coastal Agriculture and shall be permitted to convert to urban uses subject to the agricultural mitigation or feasibility provisions set forth in the LCP. Any acreage under the control of a public entity for a public recreation or open space use shall be exempt from Policy 2-1 and be permitted to convert from an agricultural use without satisfying one of the three conversion options. … This part of the policy is proposed to be replaced by draft LCP policies LCP-5-P.1 and LCP-5-P.10.C, D, E and F. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 69 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 139 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a)Basic Agricultural Policies … (2)Conversion of Coastal Agriculture: Conversion of designated coastal agricultural lands shall be permitted provided that: a) conversion would preserve prime agricultural lands within the statewide coastal zone consistent with Sections 30241 and 30242 or concentrate new development consistent with Section 30250 of the Coastal Act; or b) continued or renewed agricultural use is not feasible. … This part of the policy is proposed to be replaced by draft LCP policy LCP-5-P.11. 140 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a)Basic Agricultural Policies … (3)Conversion Options: Conversion of non-prime coastal agricultural lands shall be permitted pursuant to either Option 1 – Mitigation, Option 2 – (Feasibility Analysis) or Option 3 – Conversion Fee as set forth below in this policy. Consistent with Section 30242 of the Act, no feasibility analysis shall be required if a landowner selects Option 1 or Option 3. Option 1 – Mitigation (Prime Land Exchange) Non-prime coastal agricultural lands shall be converted to urban use consistent with the Carlsbad General Plan if, prior to approval of a subdivision map, a mitigation program is in effect that permanently preserves one acre of prime agricultural land within the statewide Coastal Zone for each acre of net impacted agricultural land in the LCP that is converted. For purposes of calculating required mitigation acreage, net impacted agricultural lands are the parcels and acreages designated on Map X and the 301.38 acre Carltas Property and areas containing sensitive coastal resources that would preclude development. … This part of the policy is proposed to be replaced by draft LCP policy LCP-5-P.11. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 70 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 141 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a)Basic Agricultural Policies … (3)Conversion Options: … Option 1 – Mitigation (Prime Land Exchange) … The standards and procedures for such a mitigation program shall be set forth in LCP implementing ordinances. Recipients of prime agricultural land interests pursuant to this policy shall be limited to: a) local or state agencies; or, b) tax exempt organizations whose principal charitable purposes are consistent with the agricultural mitigation program and qualify under Section 501(c)(3) of the U.S. Internal Revenue Code. Further, mitigation priority shall be given to preserving prime agricultural lands in the coastal zones of counties selected by the State Coastal Conservancy for pilot programs funding, and other counties with similarly qualified programs. Option 2 – Determination of Agricultural Feasibility If the feasibility of continued agriculture is questionable, either the City or involved landowners may complete an agricultural feasibility study for: a) all coastal agricultural lands in the LCP; b) 3 or 4 subareas (See Exhibit 3.3) which constitute logical subunits; or c) contiguous landholdings in a single ownership of at least 100 acres. If Option 2 is selected, that portion of the study area determined to be feasible for continued agriculture, if any, may be converted upon request of the landowner to urban use subject to compliance with the provisions of Option 1 above. That portion of the study area determined not to be feasible for continued agriculture could be converted only after: a) the City approves the feasibility study; b) an LCP amendment is prepared and submitted to the Coastal Commission that provides for the conversion; and c) the Coastal Commission certifies the LCP amendment as to its conformance with the Coastal Act. … This part of the policy is proposed to be replaced by draft policy LCP- 5-P.11. Option 2 is not included in LCP-5- P.11. Per the existing policy, no feasibility analysis is required if a landowner selects option 1 or 3. Option 2 has not been utilized and much of the criteria is no longer relevant - most of the subareas referenced in the existing policy have converted to non-agriculture uses and there are no longer any contiguous lands of at least 100 acres that are subject to the policy. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 71 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 142 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a) Basic Agricultural Policies … (3) Conversion Options: … Option 3 – Agricultural Conversion Mitigation Fee In lieu of the procedures established by subsection B or subsection C of this section, property may be converted to urban uses upon payment of an agricultural conversion mitigation fee. This fee is separate and distinct from the mitigation fee established by Section 301717.5 of the Public Resources Code, which applies to certain properties outside the Mello I and Mello II segments of the City’s local coastal program, is collected and administered by the State Coastal Conservancy and has different expenditure priorities. The amount of the fee shall be determined by the City Council at the time it considers a Coastal Development permit for urban development of the property. The fee shall not be less than five thousand dollars nor more than ten thousand dollars per net converted acre of agricultural land and shall reflect the approximate cost of preserving prime agricultural land pursuant to subsection B of this section. The fees shall be paid prior to the issuance of building permits for the project. All mitigation fees collected under this section shall be deposited in the City of Carlsbad LCP Agricultural Mitigation Fees Fund and shall be expended by the City of Carlsbad subject to the recommendations of an advisory committee to be established by City Council action. The advisory committee shall have city and Coastal Conservancy staff and community representation. The intent is not to establish priorities for Program use, but rather to promote equitable distribution amongst the allowable uses outlined below. The advisory committee may also develop policies or procedures for the review of requests and the allocation of funds. The allowable uses for the Agricultural Mitigation Fees are: This part of the policy is proposed to be replaced by draft LCP policy LCP-5-P.11. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 72 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 143 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a)Basic Agricultural Policies … Option 3 – Agricultural Conversion Mitigation Fee … a)Restoration of the coastal and lagoon environment including but not limited to acquisition, management and/or restoration involving wildlife habitat or open space preservation b)Purchase and improvement of agricultural lands for continued agricultural production, or for the provision of research activities or ancillary uses necessary for the continued production of agriculture and/or aquaculture in the City’s Coastal Zone, including but not limited to farm worker housing c)Restoration of beaches for public use including but not limited to: local and regional sand replenishment programs, vertical and lateral beach access improvements, trails, and other beach-related improvements that enhance accessibility, and/or public use of beaches d)Improvements to existing or proposed lagoon nature centers For purposes of implementation, neither Option 1 nor Option 2 nor Option 3 shall have priority over the other. This part of the policy is proposed to be replaced by draft LCP policy LCP-5-P.11. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 73 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 144 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS (a)Basic Agricultural Policies … (4) Underlying Urban Designations of Coastal: To maximize and expedite the preservation of prime agricultural lands throughout the state coastal zone, all parcels designated coastal agriculture in the LCP including the 301.38 acre Carltas Property shall have an underlying urban land use designation as identified on Map Y, and the Carlsbad Ranch Specific Plan. Conversions of coastal agriculture land permitted by the City in conformance with either Option 1 or Option 2 or Option 3 as set forth in Policy 2 shall be consistent with the land use designations on Map Y and the Carlsbad Ranch Specific Plan. (5) Conversions of Coastal Agriculture Inconsistent with Underlying Urban Designations: Conversions of parcels designated coastal agriculture that are requested for uses other than the underlying land use designation on Map Y and the Carlsbad Ranch Specific Plan shall be subject to an LCP amendment to allow the City and Coastal Commission to determine the consistency of proposed urban uses with other applicable provisions of the LCP and the Coastal Act. Map Y is outdated. The draft LCP land use map is a better reference to identify designated land use; and draft Figures 5-1A, B and C are an updated reference to identify agricultural lands. Draft policy LCP-5-P.9 specifies what uses the agricultural lands can convert to (per the LCP land use map; and in the case of the Cannon Road corridor, per the CR-A/OS zone). The requirement for a LCP amendment to change the designated land use is not an agricultural policy matter. All agricultural lands have an underlying land use designation. As with any other land, if proposed development is not consistent with the land use designation, a LCP amendment would be required to change the designation. It is not necessary to state that in the context of agriculture. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 74 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 145 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS … (b)Designated Coastal Agricultural Lands “Designated Coastal Agricultural Lands” are those agricultural lands identified on Map X (See Exhibit 3.3) attached to the Land Use Plan certified on October 24, 1985. The following are the lands identified on Map X (See Exhibit 3.3): Approximate Acres Site II 377 Site III 275 Site IV 109 Lusk 93 Bankers 27 Hunt (Mello I LCP Segment) 200 Carltas 301.38 TOTAL: 1,382.38 This policy is outdated. Draft Figures 5-1A, B and C identify the agricultural areas that are currently subject to agriculture mitigation requirements. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 75 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 146 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS … (c) Permitted Uses on Designated Coastal Agricultural Lands The land uses described below shall apply to any designated coastal agricultural land which has not been approved for development. (1) On any Class I through Class IV Agricultural Lands: (See Exhibit 4.2) the following uses only are permitted: a) Cattle, sheep, goats and swine production, provided that the number of anyone or combination of said animals shall not exceed one animal per half acre of lot area. Structures for containing animals shall not be located within fifty feet of any habitable structure on the same parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses. b) Crop production. c) Floriculture. d) Horses, private use. e) Nursery crop production. f) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more than twenty-five of any one or combination thereof shall be kept within fifty feet of any habitable structure, nor within three hundred feet of an adjoining parcel zoned for residential uses. g) Roadside stands for display and sale of products produced on the same premises, with a floor area not exceeding two hundred square feet, and located not nearer than twenty feet to any street or highway. h) Tree farms. i) Truck farms. j) Wildlife refuges and game preserves. k) Other uses or enterprises similar to the above customarily carried on in the field of general agriculture including accessory uses such as silos, tank houses, shops, barns, offices, coops, stables, corrals, and similar uses required for the conduct of the uses above. l) One single family dwelling per existing legal building parcel. This policy is proposed to be replaced with draft policy LCP- 5-P.9. The list of uses is not proposed to be included in the draft LCP, as it is redundant with the zoning regulations (Coastal Agriculture Overlay Zone). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 76 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 147 POLICY 2-1 CONSERVATION OF AGRICULTURAL LANDS … (c)Permitted Uses on Designated Coastal Agricultural Lands … (2)On any Class V through VIII Agricultural Lands (See Exhibit 4.2) the following uses only are permitted: a)All of the permitted uses listed above. b)Hay and feed stores. c)Nurseries, retail and wholesale. d)Packing sheds, processing plants and commercial outlets for farm crops, provided that such activities are not located within 100 feet of any lot line. e)Greenhouses, provided all requirements for yard setbacks and height as specified in Chapter 21.07 of the Code are met. This policy is proposed to be replaced with draft policy LCP- 5-P.9. The list of uses is not proposed to be included in the draft LCP, as it is redundant with the zoning regulations (Coastal Agriculture Overlay Zone). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 77 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 148 POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT This policy provides conditional development standards for the area of approximately 423 acres north of Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3). All such lands owned either by Carltas or Ecke or their successors in interest shall be permitted, pursuant to approval of a Specific Plan to convert certain agricultural lands to residential and/or non-residential (including tourist- serving commercial) development as a means of providing supplementary uses which will assist in the retention of agricultural and public recreation uses on the remaining portions of these parcels. It should be noted that residential uses are possible only where they do not conflict with the Airport Influence Area and where they are compatible with adjacent uses. (a)Basic Permitted Uses on Existing Legal Parcels. Where each existing legal parcel as of July 14, 1987, (See Exhibit 4.3) is developed individually, permitted uses shall be those described above in Policy 2-1 C Permitted Uses on Designated Coastal Agricultural Lands. (b)Uses Conditionally Permissible Pursuant to the Development of the Entire Area Subject to a Specific Plan. (1)Consistent with the Carlsbad General Plan residential, commercial (including tourist serving commercial), and other non-residential uses may be developed on up to 92.6 acres of the approximately 423 acre site subject to a Specific Plan for the entire site. Development of land within the Agricultural Preserve will be subject to the provisions of the Williamson Act and specifically the Land Conservation Contract in effect at the time of development. Additional acreage beyond the 92.6 acres shall be permitted to be developed subject to approval of a Local Coastal Program Amendment, Specific Plan Amendment and compliance with Policy 2-1 of the Mello II Land Use Plan. (2)Development shall be clustered along Palomar Airport Road, Paseo del Norte, and Cannon Road and clustered on the first major ridge area as designated on Exhibit 4.3A. (3)Any amendment to the location of the developable area shall be required to prove that the new area for development is not more suitable for agriculture than the previously developable area. The intent of this requirement is to cluster development on lands least suitable for agriculture. (4)All remaining lands as shown on Exhibit 4.3 shall as a condition of the Specific Plan be preserved in agriculture and/or public recreation for as long as feasible. Feasibility shall be determined for the entire area covered by this restriction. Further, feasibility shall be subject to the requirements of the Mello II Coastal Agricultural Overlay Zone Section 21.82.060(c). … This policy has been implemented per the LCP land use map and the approval of the Carlsbad Ranch Specific Plan, which establishes the development standards for the area. The policy is not proposed as part of the draft LCP. The specific plan area has been developed or is in the process of developing, except for planning areas 8 and 5, which are subject to the draft Policies LCP-2-P.10 to LCP- 2-P.15 (for the Cannon Road Open Space, Farming, and Public Use Corridor). These draft policies and the CR-A/OS zone replace this policy. The areas to be retained for agriculture are subject to conversion policies. Draft policies LCP-5-P.9, 10 and 11 address the use and conversion of agricultural lands in the specific plan area. Also, the Williamson Act contract for the Flower Fields and all other land within the specific plan area is expired and no longer in effect. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 78 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 149 POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT … (5)Pursuant to Section 51257 of the Government Code, the boundaries of the lands designated for agriculture may be amended. (6)As an interim step (prior to a complete Specific Plan) up to a 35 acre portion of the 137 acres of developable land located adjacent and easterly to Phase I of Carlsbad Car Country may be developed as a Phase II expansion of Carlsbad Car Country pursuant to a Specific Plan. (7)The 92.6 acres of developable land includes the remaining developable portion of the original 482 acre site (See Exhibit 4.3A) that has not been developed. (8)The Specific Plan shall provide a mix, location and intensity of land uses that are compatible with and will not adversely impact the long term viability of agricultural and/or public recreation uses. (9)All development shall include special treatment buffers either through design or through physical barriers that stabilize the urban-agricultural boundaries and limit to a level of insignificance agricultural impacts on the urban uses. (10)All tenants of developable portions of the site shall be notified as to the requirements of the Specific Plans and agricultural uses on the designated land. (11)In implementing the Specific Plan all land owners and tenants within the 423 acre site shall waive any right to file nuisance claims against normal agricultural operations. (12)All development shall be located so as to not interfere with normal agricultural operations including but not limited to cultivation, irrigation, and spraying. (13)As a condition of approval of either the Specific Plan or the Specific Plan for the Phase II expansion of Carlsbad Car Country, whichever occurs first, the property owners (Carltas and/or Ecke or their successors in interest) shall record a deed restriction endorsed by the Coastal Commission or it successor in interest and the City of Carlsbad that the agricultural lands identified on Exhibit 4.3 are designated for agricultural uses and any modification of use shall require an LCP amendment. As a condition to any amendment to the developable area, the property owner shall execute an amendment to the deed restriction reflecting the modification to restricted and unrestricted lands. (14)It is recognized that roads can function as buffers between dissimilar land uses as well as providing access to uses. Therefore, roads may be located entirely or partially or not at all within areas designated for agricultural use. The decision to include or exclude (either partially or entirely) roads shall be a condition of the coastal development permit that includes the construction of the road. … This policy has been implemented per the LCP land use map and the approval of the Carlsbad Ranch Specific Plan, which establishes the development standards for the area. The policy is not proposed as part of the draft LCP. The specific plan area has been developed or is in the process of developing, except for planning areas 8 and 5, which are subject to the draft Policies LCP-2-P.10 to LCP- 2-P.15 (for the Cannon Road Open Space, Farming, and Public Use Corridor). These draft policies and the CR-A/OS zone replace this policy. The areas to be retained for agriculture are subject to conversion policies. Draft policies LCP-5-P.9, 10 and 11 address the use and conversion of agricultural lands in the specific plan area. Also, the Williamson Act contract for the Flower Fields and all other land within the specific plan area is expired and no longer in effect. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 79 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 150 POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT … (15)In order to tie the eastern and western agricultural areas together the proposed north/south road shall incorporate a grade separation at its northerly portion. The grade separation shall be of sufficient dimensions to allow farm vehicles and equipment to move freely between the east and west and shall remain in place so long as agriculture is continued east and west of the north-south road. (16)Concurrent with the construction of the proposed north/south road the developer shall grade area Y as shown on Exhibit “A,” subject to the satisfaction of the Planning Director so as to create an area level enough to allow the same type of agriculture that occurs westerly of the west ridge to continue around the ridge on the south facing slopes of said ridge. In order to ensure agricultural viability the developer shall amend the soils after grading the area to be equivalent to the existing Class III Marina soils in capability. (17) All structures to be located in the future developable area shall be set back a minimum of 25 feet from the adjacent area designated for agriculture. (18)A solid wall or fence shall be installed around the entire perimeter of the developable area. The wall (fence) shall be a minimum 6 feet in height and shall be incorporated into the grading where feasible. The intent of this measure is to provide a physical barrier between agricultural and urban uses. The wall or fence shall function to both restrict uncontrolled access into agricultural areas and to reduce drift of dust and spray materials into urban areas. The perimeter wall or fence shall be constructed concurrent with development of the property, except that, if the road is built in one phase, which would open the access through the agricultural lands, an appropriate barrier shall be incorporated along the roadway. Alternative forms of barriers may be considered provided they satisfy the intent of this measure. (19)Windbreaks (landscaped) shall be installed on the developable portions to aid in reducing the effects of farm spraying and dust generation. (20)Landscape plant material in the developable area shall be selected for resistance to pests, particularly aphids, thrips, white fly and spider mites. Landscape plantings shall be inspected routinely for presence of pests and treated as required to control them. All pests shall be eliminated by means that do not adversely impact agricultural crops. (21)Landscaping with herbaceous plantings shall be discouraged, since they are likely to be hosts of the pests likely to invade the farm crops. (22)Drainage water from buildings, streets, parking areas and landscape in the development shall be disposed of through storm drains or otherwise in a manner that will avoid any runoff onto farming areas whether planted or fallow. … This policy has been implemented per the LCP land use map and the approval of the Carlsbad Ranch Specific Plan, which establishes the development standards for the area. The policy is not proposed as part of the draft LCP. The specific plan area has been developed or is in the process of developing, except for planning areas 8 and 5, which are subject to the draft Policies LCP-2-P.10 to LCP-2-P.15 (for the Cannon Road Open Space, Farming, and Public Use Corridor). These draft policies and the CR-A/OS zone replace this policy. The areas to be retained for agriculture are subject to conversion policies. Draft policies LCP-5-P.9, 10 and 11 address the use and conversion of agricultural lands in the specific plan area. Also, the Williamson Act contract for the Flower Fields and all other land within the specific plan area is expired and no longer in effect. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 80 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 151 POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE" DEVELOPMENT … (23) If development of the proposed developable portion impacts water rates on the agricultural land then the developer shall subsidize the water rates to the extent that they equal farm water rates. (24)The developer shall notify in a manner satisfactory to the City Attorney all tenants/users of this proposed developable portion that the area is subject to dust, pesticides, and odors associated with adjacent farm operations and that the tenants/users occupy the area at their own risk. (25)The cost of the above mitigation measures shall be borne by the developer and shall not be passed on to the agricultural operators (existing or future). For all agricultural land that Carltas or its successor in interest chooses not to farm on a yearly basis, a reasonable effort shall be made to offer the agricultural land for lease or rent at a value equal to or less than the average prevailing market rents for similarly situated coastal agricultural land found within a 30 mile radius of the Carltas property. (26)As part of a farm operator's lease, there shall be a requirement to keep dirt roads watered regularly to minimize dust impacts on crops as well as on adjacent non-agricultural uses. (27)The approximately 72.07 acres contained in areas 3 and 5 as shown on Exhibit 4.3 shall be used for agriculture or open space subject to the provisions of Carlsbad Municipal Code Chapter 21.209 - Cannon Road Agricultural/Open Space (CR-A/OS) Zone. This policy has been implemented per the LCP land use map and the approval of the Carlsbad Ranch Specific Plan, which establishes the development standards for the area. The policy is not proposed as part of the draft LCP. The specific plan area has been developed or is in the process of developing, except for planning areas 8 and 5, which are subject to the draft Policies LCP-2-P.10 to LCP-2-P.15 (for the Cannon Road Open Space, Farming, and Public Use Corridor). These draft policies and the CR-A/OS zone replace this policy. The areas to be retained for agriculture are subject to conversion policies. Draft policies LCP-5-P.9, 10 and 11 address the use and conversion of agricultural lands in the specific plan area. Also, the Williamson Act contract for the Flower Fields and all other land within the specific plan area is expired and no longer in effect. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 81 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 152 POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED COASTAL AGRICULTURE The following properties which have been in agricultural production in the past shall be permitted to convert to urban uses. Because of unique circumstances associated with these parcels, conversion to urban uses would not create any significant adverse impact on the area's agricultural economy, directly or indirectly, and such conversion would therefore not require the mitigation. (a)State owned parcel northerly of the intersection of Palomar Airport Road and Carlsbad Boulevard The 20-acre parcel owned by the State of California, APN 210-09-7, located west of the AT&SF Railroad tracks at the Palomar Airport Road/Carlsbad Boulevard interchange, may be converted to Public Recreation use. This property is surrounded by major streets and the railroad, with residential development conflicts arising on the northern and western boundaries. The site will be needed for beach parking facilities as the demand for beach access increases in the future. The property should remain in agricultural production until such time as parking facilities can be constructed by the State of California. Approximately 1,500 parking spaces could be provided on the site, giving excellent public access to the entire stretch of underdeveloped South Carlsbad State Beach. (See also Policy 7-9) (b)Burroughs and Ecke Parcels. The 50-acre parcel owned (APN 210-09-0) by Burroughs Corporation and the 6-acre parcel (APN 210-09-0) owned by Ecke located south of Cannon Road between I-5 and the AT&SF Railroad tracks may be converted to commercial uses. These properties are in effect isolated vacant properties within a developed commercial area. The San Diego Gas and Electric Co. power plant is located to the north, a major retail commercial development (“Car Country”) is immediately across the freeway to the east, industrial development is on the southern boundary, and residential development is to the west separated by the AT&SF Railroad tracks and the State-owned property described in Policy 2-3 a. above. The policy is outdated and not consistent with the LCP land use map. The policy is not proposed as part of the draft LCP. a.State owned land – still owned by the state. The site is not used for agriculture and should not be addressed in the context of agriculture policies. The site is designated OS per the LCP land use and zoning maps. Any future use of the site will be limited to OS uses, such as recreation or parking. The provision of parking is addressed in the policies of Chapter 4. b.Burroughs & Ecke – property is fully developed with commercial uses. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 82 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 153 POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED COASTAL AGRICULTURE … (c)Ukegawa Parcel. The 13.89 acre parcel (APN 212-040-25) owned by Ukegawa, located on the south side of Palomar Airport Road, may be converted to industrial uses that should be supportive of the agricultural economy. The site has not been in use for field crop production for many years, and has been the subject of numerous authorized and unauthorized fills in recent years. Because of the substantial importation of fill dirt, the site cannot be designated as possessing agricultural soils. Because of the access available to Palomar Airport Road on the parcel, and its location between agricultural lands and developed industrial uses to the east, the site shall be designated for Planned Industrial use, and should be developed for agricultural processing purposes. Conversion of these parcels to urban uses will complete the development of established developed areas, thereby contributing to the creation of stable urban/rural boundaries. Such conversion should reduce market pressures for the conversion to urban uses of other agricultural lands suitable for continued agricultural production. The policy is outdated and not consistent with the LCP land use map. The policy is not proposed as part of the draft LCP. c.Ukegawa – Coastal Commission approved a land use and zone change on the property to allow high density residential. 154 POLICY 2-4 SMALL SCATTERED INEFFECTIVE AGRICULTURAL LANDS Approximately 100 acres of agricultural use are located in scattered parcels along El Camino Real both north and south of Aqua Hedionda Lagoon. The small individual size of these parcels, together with the fact that they are not contiguous, precludes their effective use as agricultural land in the future. These lands are therefore designated for residential development, at a maximum density of one dwelling unit per acre as rural residential estate Section 21.09 or as residential agriculture zone, Section 21.08 of Carlsbad Zoning Ordinance. No further land divisions shall be allowed in the area under current agricultural production except in compliance with these policies. This policy is no longer relevant. No agricultural lands remain along El Camino Real that are subject to this policy. Draft LCP Figures 5-1A, B and C identify the agricultural lands subject to the policies of the LCP; these lands have underlying land use designations, per the LCP land use map, that specify all uses and densities. 155 POLICY 2-5 CITY SUPPORT OF FARM COOPERATIVE/FLOWER AUCTION The City supports the efforts of the floriculture industry and/or the University of California Extension Service to establish a farm cooperative and/or flower auction in the North San Diego County area. This policy is proposed to be replaced with draft LCP policy LCP-5-P.5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 83 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 156 POLICY 2-6 CITY SUPPORT OF EFFICIENT AGRICULTURAL WATER USAGE The City will take measures to reduce the reliance of agricultural users on imported water. The City will seek reductions in per capita water consumption and will support efforts at reclaiming sewage effluent for re-use in agricultural production, and will seek to capture runoff waters in appropriate areas for use in agricultural production. This policy is proposed to be replaced with draft LCP policy LCP-5-P.6. 157 POLICY 2-7 CITY SUPPORT OF LOW COST AGRICULTURAL WATER The City supports the policy of the Metropolitan Water District and its member agencies to provide water to agricultural users at a lower rate than to domestic users, and recommends that the Metropolitan Water District offer its agricultural water rate only to lands designated for agricultural use in the Land Use Element of the General Plan of the City. The City also encourages the San Diego County Water Authority and the local retail water agencies to consider additional reductions in the agricultural water rate. This policy is outdated and does not reflect current water conservation efforts, which do not include reduced water rates. The policy is proposed to be replaced with draft policy LCP-5- P.6. 158 POLICY 2-8 CITY SUPPORT OF AGRICULTURAL DRAINAGE PROJECTS The City will support proposals for public expenditures for minor drainage improvements and other similar projects which are designed to make land more suitable for agricultural use, within areas designated in the Land Use Element of the General Plan for continued agricultural use. This policy is proposed to be replaced with draft policy LCP-5-P.3. 159 POLICY 2-9 AGRICULTURAL LABOR FORCE The City intends to keep the Federal Government well-informed regarding local agriculture's reliance on a foreign labor force, and will ensure that Federal officials are cognizant of local needs so that any contemplated changes in Federal immigration laws or policies will not be made without consideration of those needs. This is a federal immigration issue that is beyond the scope of the LCP. This policy is not proposed as part of the draft LCP. Draft policy LCP-5-P.7 supports the provision of farmworker housing, which is a way that the city can help support the agricultural labor force. 160 POLICY 2-10 CITY SUPPORT OF COUNTY FARM ADVISOR AND AGRICULTURAL COMMISSION The City will continue to support the County Farm Advisor and the Agriculture Commissioners in their respective educational and regulatory roles intended to provide advice to agriculturists and home gardeners, to direct the 4-H program, and to ensure that pesticides are properly used. This policy is proposed to be replaced with draft policy LCP-5-P.8. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 84 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 161 3.ENVIRONMENTALLY SENSITIVE HABITAT AREAS POLICY 3-1 CARLSBAD HABITAT MANAGEMENT PLAN Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for farming. These areas exhibit a large number and diversity of both plant and animal species, several of which are threatened because of extensive conversion of mixed Chaparral and Coastal Sage Scrub habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent to soil erosion and attendant difficulties. The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect sensitive biological resources within the city and the Coastal zone. The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program (MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and rare native vegetation while accommodating regional development needs. The HMP provides a comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along with appropriate criteria for development requirements and delineation of development/preservation boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition, preservation and mitigation requirements, as well as enforceable monitoring, remediation, and an adequately funded maintenance program for the preserve area. Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in part, “(e)nvironmentally sensitive habitat areas shall be protected against any significant disruption of habitat values...” Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the Coastal Act as "any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments." The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource protection standards require more stringent limitations to coastal ESHA impacts for individual sites. The clustering and concentration of development away from sensitive areas that will result from the proposed standards contained in the HMP and identified in the policies below will provide a larger, more contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot basis. This policy is proposed to be replaced with the description of the HMP in Section 6.2 of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 85 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 162 3-1.1 Habitat Management Plan The document titled "Habitat Management Plan for Natural Communities in the City of Carlsbad, December 1999 with Two Addenda" (hereafter referred to as HMP) is incorporated herein by reference. The Second Addendum dated December 2002 contains additional conservation standards and habitat protection policies that apply within the Coastal Zone. The HMP has been developed so as to implement and be consistent with all other provisions of this LCP, as amended. Any changes to the HMP that affect development within the coastal zone (including, but not limited to, changes to mitigation requirements) shall be certified by the Coastal Commission as LCP amendments prior to becoming effective. This policy is proposed to be replaced with draft LCP policy LCP-6-P.1. 163 3-1.2 Environmentally Sensitive Habitat Areas (ESHA) Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. This policy is proposed to be replaced with draft LCP policy LCP-6-P.2. 164 3-1.3 Coastal Sage Scrub Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species. Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite, Conservation of gnatcatchers shall be determined in consultation with the wildlife agencies. This policy is proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7.2 includes the exact wording of this existing policy. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 165 3-1.4 Oak Woodland Oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a species of Oak. In coastal southern California, that species is generally Coast Live oak (Quercus agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to common, and the herb layer is often continuous and dominated by a variety of annual grasses. This policy (which is a description not a policy) is proposed to be replaced with the description of “woodland” in Section 6.2 of the draft LCP. 166 3-1.5 Streams A stream is a topographical feature with a clear bed and bank that periodically conveys water. 3-1.6 Ephemeral Drainages and Ephemeral Streams Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during and shortly after rainfall events in a typical year. These policies (which are descriptions not policies) are proposed to be replaced with the description of local surface waters in Section 6.3 of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 86 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 167 3-1.7 Wetlands Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of Regulations Section 13577(b), 'wetland' means lands within the coastal zone, which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. Wetland shall include land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be considered presumptive evidence of wetland conditions. Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the California Code of Regulations. Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed except as follows: a.The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following: (1)New or expanded port, energy, and coastal-dependent industrial facilities, including commercial fishing facilities. (2)Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basins, vessel berthing and mooring areas, and boat launching ramps. (3)In wetland areas only, entrance channels for new or expanded boating facilities; and in a degraded wetland, identified by the Department of Fish and Game pursuant to subdivision (b) of Section 30411, for boating facilities if, in conjunction with such boating facilities, a substantial portion of the degraded wetland is restored and maintained as a biologically productive wetland. The size of the wetland area used for boating facilities, including berthing space, turning basins, necessary navigation channels, and any necessary support service facilities, shall not exceed 25 percent of the degraded wetland. … The first paragraph of this policy is proposed to be replaced with the description of wetlands in Section 6.2 of the draft LCP, and draft LCP policy LCP-6-P.3. HMP Section D.7-6 include the exact wording of this existing policy. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 87 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 168 3-1.7 Wetlands … (4)In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities. (5)Incidental public service purposes, including but not limited to, burying cables and pipes or inspection of piers and maintenance of existing intakes and outfall lines. (6)Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. (7)Restoration purposes. (8)Nature study, aquaculture, or similar resource dependent activities. b.Dredging and spoils disposal shall be planned and carried out to avoid significant disruption to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach replenishment should be transported for such purposes to appropriate beaches or into suitable long shore current systems. c.In addition to the other provisions of this section, diking, filling, or dredging in existing estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or estuary. Any lagoon alterations shall be limited to very minor incidental public facilities, restorative measures, and nature study, if otherwise in accordance with this division. d.Erosion control and flood control facilities constructed on watercourses can impede the movement of sediment and nutrients, which would otherwise be carried by storm runoff into coastal waters. To facilitate the continued delivery of these sediments to the littoral zone, whenever feasible, the material removed from these facilities may be placed at appropriate points on the shoreline in accordance with other applicable provision of this division, where feasible mitigation measures have been provided to minimize adverse environmental effects. Aspects that shall be considered before issuing a coastal development permit for such purposes are the method of placement, time of year of placement, and sensitivity of the placement area. These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 88 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 169 3-1.8 Wetland Mitigation Requirements If impacts to a wetland are allowed consistent with Policy 3-1.7, mitigation shall be provided at a ratio of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts. 3-1.9 No Net Loss of Habitat There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation component that achieves the no net loss standard. Substantial restoration of highly degraded areas (where effective functions of the habitat type have been lost) may be substituted for creation subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and provided an opportunity to comment upon proposed substitutions of substantial restoration for the required creation component. Development shall be consistent with Policy 3-1.2 of this section, unless proposed impacts are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat. These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 170 3-1.10 Upland Habitat Mitigation Requirements Where impacts to the habitats stated in 3-1.9 are allowed, mitigation shall be provided as follows: a. The no net loss standard shall be satisfied as stated in 3-1.9. Typically this will consist of creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of at least 1:1 as provided in the HMP. b. Onsite preservation is not eligible for mitigation credit in the coastal zone. Onsite or off-site open space preserve areas may be utilized to satisfy required mitigation for habitat impacts associated with development if the preserve areas are disturbed and suitable for restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:1 mitigation component requiring creation or substantial restoration of new habitat. Substantial restoration is restoration that has the effect of qualitatively changing habitat type and may meet the creation requirement if it restores habitat type that was historically present, but has suffered habitat conversion or such extreme degradation that most of the present dominant species are not part of the original vegetation. Substantial restoration contrasts with enhancement activities, which include weeding or planting within vegetation that retains its historical character, and restoration of disturbed areas to increase the value of existing habitat which may meet other mitigation requirements pursuant to the HMP. These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 89 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 171 3-1.10 Upland Habitat Mitigation Requirements … c.Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation component satisfying half of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. d.Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at an overall ratio of 3:1, with the creation component satisfying one-third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. e.Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be mitigated respectively at ratios of 1:1, 3:1, and 3:1 with the creation component satisfying the obligation or one- third of the total obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP. f.Mitigation for impacts within the coastal zone should be provided within the coastal zone if possible, particularly the 1:1 creation component, in order to have no net loss of habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if such mitigation would clearly result in higher levels of habitat protection and value and/or would provide significantly greater mitigation ratios, and the mitigation area is part of the HMP. Land area inside and outside the coastal zone which serves as mitigation for habitat impacts in the coastal zone shall be permanently retired from development potential and secured as part of the HMP preserve management plan as a condition of development approval. g.Habitat mitigation requirements other than the creation or substantial restoration component may be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement of development credits on existing like habitat with permanent preservation as part of the HMP preserve management plan. … These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 90 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 172 3-1.10 Upland Habitat Mitigation Requirements … h.All mitigation areas, onsite and offsite, shall be secured with a conservation easement in favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for the mitigation areas, to the satisfaction of the City, the wildlife agencies, and the Coastal Commission. The preserve management plan shall ensure adequate funding to protect the preserve as open space and to maintain the biological values of the mitigation areas in perpetuity. Management provisions and funding shall be in place prior to any impacts to habitat. At a minimum, monitoring reports shall be required as a condition of development approval after the first and third year of habitat mitigation efforts. The preserve management plan shall be incorporated into the Implementation Plan of the LCP through an LCP amendment within one year of Commission certification of the HMP as part of the certified LCP. i.If any conflict should arise between these Policies of the LCP and the provisions of the HMP, the LCP shall take precedence. If any conflict should arise between the policies of the certified Mello II LUP and the certified Implementation Plan, the policies of the certified Mello II LUP shall take precedence. These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 173 3-1.11 Highly Constrained Properties There are properties in the Coastal Zone that are entirely or almost entirely constrained by environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards shall apply: •If more than 80% of the property by area is covered with ESHA at least 75% of the property shall be conserved, OR •If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP amendment, approves a Hardline preserve boundary for any of the above-described properties as part of the HMP, then the amount of onsite preservation as identified in the Hardline boundary shall apply. These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 91 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 174 3-1.12 Buffers and Fuel Modification Zones Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths shall be provided as follows: a.100 ft. for wetlands b.50 ft. for riparian areas c.20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral, maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland) Any proposed reductions in buffer widths for a specific site shall require sufficient information to determine that a buffer of lesser width will protect the identified resources. Such information shall include, but is not limited to, the size and type of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer. The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal Commission staff shall be consulted in such buffer determinations. No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area, except for: a.Modification Zone 3 to a maximum of 20 ft. for upland and non-riparian habitat. No fuel modification shall take place within 50 ft. of riparian areas, wetlands, or oak woodland. b.For buffer areas 50 ft. or greater in width, recreation trails and public pathways within the first 15 feet of the buffer closest to the development, provided that construction of the trail or pathway and its proposed use is consistent with the preservation goals for the adjacent habitat, and that appropriate measures are taken for physical separation from sensitive areas. Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and physical barriers such as walls or fences shall be required to minimize edge effects of development. 3-1.13 Invasive Plants The use of invasive plant species in the landscaping for developments such as those identified in Table 12 of the HMP shall be prohibited. These existing policies are proposed to be replaced with draft LCP policy LCP-6-P.3. HMP Section D.7 and F.3.C includes the exact wording of these existing policies. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 92 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 175 POLICY 3-2 BUENA VISTA LAGOON Developments located along the first row of lots bordering Buena Vista Lagoon, including the parcel at the mouth of the lagoon (See Exhibit 4.5), shall be designated for residential development at a density of up to 4 dwelling units per acre. Proposed development in this area shall be required to submit topographic and vegetation mapping and analysis, as well as soils reports, as part of the coastal development permit application. Such information shall be provided as a part of or in addition to any required Environmental Impact Report, and shall be prepared by qualified professionals and in sufficient detail to enable the City to locate the boundary of wetland and upland areas and areas of slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to determine the appropriate developable areas, generally not less than a scale of 1” – 100’ with a topographic contour interval of 5 feet, and shall include an overlay delineating the location of the proposed project. Criteria used to identify any wetlands existing on the site shall be those of Section 30121 of the Coastal Act and based upon the standards of the Local Coastal Program mapping regulations, and shall be applied in consultation with the State Department of Fish and Game. Development shall be clustered to preserve open space for habitat protection. Minimum setbacks of at least 100 feet from wetlands shall be required in all development t, in order to buffer such sensitive habitat areas from intrusion unless otherwise permitted pursuant to Policy 3-1.12. Such buffer areas, as well as other open space areas required in permitted development to preserve habitat areas, shall be permanently preserved for habitat uses through provision of an open space easement as a condition of project approval. In the event that a wetland areas is bordered by steep slopes (in excess of 25%) which will act as a natural buffer to the habitat area, a buffer area of less than 100 feet in width may be permitted. The density of any permitted development shall be based upon the net developable area of the parcel, excluding any portion of a parcel which is in wetlands. Storm drain alignments as proposed in the City of Carlsbad Drainage Master Plan which would be carried through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements comply with the requirements of Sections 30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the State Department of Fish and Game. Land divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single planned unit development permit for the entire original parcel. The policy is not proposed as part of the draft LCP; the policy is not consistent with the LCP land use map. The Coastal Commission approved a LCP land use map change for these parcels to allow higher density development. Regarding habitat mapping, wetlands, buffers, and easements, draft policy LCP-6-P.7 requires a site-specific biological report, which addresses these issues. Also, the HMP covers the requirements to cluster development and for wetland mapping, buffers and OS easements (see draft policies LCP- 6-P.1 and LCP-6-P.3). Draft policy LCP-6-P.13 addresses protection of lagoon water quality. See draft policies LCP-7-P.46 and LCP-7-P.48 to 50 for policies regarding steep slopes. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 93 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 176 POLICY 3-3 BATIQUITOS LAGOON Erosion, drainage, and sedimentation of Batiquitos Lagoon were previously addressed, in the certified Local Coastal Program prepared by the Coastal Commission for the areas subject to AB462 (Mello I Segment) (See Exhibit 1.1). Development within the area which is the subject of that plan AB462 (Mello I Segment), and of AB1971 (Mello II Segment), shall also be required to meet those same policies. Much of the Batiquitos Lagoon watershed is designated in this plan for continued agricultural use which does not require a coastal development permit. When a coastal development permit is required, however, conditions shall be imposed which will assure that the permitted development will be carried out in a manner that assures protection of the water quality of the Lagoon. Removal of major vegetation, for instance, requires a coastal development permit, and such permitted activity shall be conditioned to limit the manner, time, and location of vegetation removal so as to minimize soil erosion. Development shall be clustered to preserve sensitive habitat areas and maintain the maximum amount of permanent open space feasible. At a minimum, the following policies shall regulate development in areas adjacent to the lagoon: a)A minimum setback of 100 feet from the wetland shall be required, with the wetland area determined as described in Policy 3-2, Buena Vista Lagoon on Page 56. The Batiquitos Lagoon water quality policies in the original LCP (prepared by PRC Toups for the Coastal Commission) included two policies: 1) slopes and preservation of vegetation - limiting development on steep slopes and maintaining vegetation on slopes [see draft policies LCP-7- P.46 to 50]; and 2) recognizing the lagoons poor water quality from chronic eutrophication [no longer relevant]. Other original policies in the same section addressed protection of ESHA (see policies LCP-6- P.1 to 12). Water quality policies are proposed to be replaced with California Coastal Commission Model Water Quality Policies reflected in draft policies LCP-6-P.15 to 26; see draft policy LCP-6- P.22 regarding CDP conditions. Regarding habitat protection - the policies of draft Chapter 6, which require compliance with the HMP, address this. Clustering of development is also referenced in the HMP discussion section of draft Chapter 6, Section 6.2. a) The policy regarding a 100-foot wetland buffer is required by the HMP and is not proposed to be repeated in the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 94 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 177 POLICY 3-3 BATIQUITOS LAGOON … b)At least two-thirds (2/3) of any permitted development shall be clustered on the half of the property furthest away from the lagoon at the base of the bluff. c)Existing mature trees shall be preserved. d)An offer to dedicate land for public recreation use, in favor of the City of Carlsbad or State Coastal Conservancy and irrevocable for a term of 21 years, shall be required as a condition of development. The required land dedication shall be of a size adequate to accommodate public use facilities including some picnic tables and public parking, and shall include a public access trail parallel to the lagoon shore of at least 15 feet in width with unobstructed views to the lagoon. e)To facilitate provision of public use areas and preservation of environmentally sensitive lands, and to maintain the outstanding visual resources in the area surrounding the lagoon, an additional density credit of one dwelling unit per acre of developed land shall be provided for each two and one half per cent (2½ %) of total lot area, excluding wetlands, which is maintained in open space and public recreation in excess of fifty per cent (50%) of the total lot area, excluding wetlands. f)Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single planned development permit over the entire original parcel. The base residential density shall be a maximum of 12 dwelling units per gross acre, excluding wetlands, subject to increase as provided in Policy 3-3 e) above. b), c), d) and e) pertain to clustering, trees, recreation, and density. The only remaining undeveloped developable lot adjacent to Batiquitos Lagoon is the Murphy site. Draft LCP chapter 2 (draft policies LCP-2-P.21 to 23) provides policies that require the mature trees on the Murphy site to be preserved, to require an easement for a public trail, and allows the entire potential density to be clustered on the northern portion of the site, and preserve the southern third closest to the lagoon as open space. f) The LCP land use designations regulate density (all of which are less than 12 du/acre adjacent to the lagoon). The requirement for a PUD is not necessary for resource protection, considering all the regulations that exist today (HMP in particular). The PUD requirement is not proposed as part of the draft LCP. 178 POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS Permitted new development shall comply with the following requirements: a)All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post- construction BMPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 95 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 179 POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS … b)All graded areas shall be landscaped prior to October 1st of each year with either temporary or permanent landscaping materials, to reduce erosion potential. Such landscaping shall be maintained and replanted if not well-established by December 1st following the initial planting. c)Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. d)Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. e)Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. f)Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. b. Proposed to be replaced by draft policy LCP-6-P.24. c. Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. d.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. e. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. f.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. f.(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP- 6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. f.(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 96 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 180 POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS Permitted new development shall comply with the following requirements: … f)Development projects should be designed to comply with the following site design principles: … 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. g)Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. h)Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. f.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. f.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. f.(9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. f.(10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. g. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h. Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 97 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 181 POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS Permitted new development shall comply with the following requirements: … i) Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. j) The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. k) The City will encourage and support public outreach and education regarding the potential water quality impacts of development. l) Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. m) Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. n) Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. i. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. j. Proposed to be replaced by draft policy LCP-6- P.22, which reflects the California Coastal Commission Model Water Quality Policies. k. Proposed to be replaced by draft policy LCP-6- P.29 l. Proposed to be replaced by draft policy LCP-6- P.23, which reflects the California Coastal Commission Model Water Quality Policies. m. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. n. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6- 2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 98 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 182 POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS Permitted new development shall comply with the following requirements: … o)Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas. p)The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reduction in the area of impervious surfaces used to designate a specific category of Priority Project. q)Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. o. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6- P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” p and q. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 99 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 183 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA (a) Maximum Density of Development Residential densities in the 433-acre Kelly Ranch shall be permitted and based on the underlying LCP Land Use designation. The residential land use designations shall represent the maximum density permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable resource protection provisions of the certified LCP. Approximately 2.8 acres located adjacent to and west of Cannon Road, CDP 98-47 are designated Open Space with an interpretive center for Agua Hedionda Lagoon designated as an allowable use. (b) Coastal Commission Permit 6-84-617 Agriculture Agricultural preservation policies for the 433-acre Kelly Ranch have been deleted by LCP amendment of 1-85. … a) This area is near to being fully developed. The area is designated on the LCP land use map as residential and open space. The Agua Hedionda Lagoon interpretive center has been developed and is designated as open space. Section 2.3 of the draft LCP, which includes the land use map, replaces this policy. (b) This policy refers to a deleted policy and is no longer relevant. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 100 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 184 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control 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. 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)Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant communities – For those slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: a)Coastal Sage Scrub and Chaparral plant communities shall be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space map. b)Restoration of the disturbed areas within the delineated open space shall be required as a condition of subdivision approval and shall be developed in consultation with the Department of Fish and Game. The disturbed areas shall be revegetated and existing vegetation enhanced with native species to serve as upland transitional habitat to low-lying wetlands and environmentally sensitive habitat areas north and west of Cannon Road. The restoration and enhancement plan shall include a maintenance and monitoring component to assure long-term productivity and continuance of the habitat value. c)Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of Carlsbad or other public entity, development of steep slopes over 25% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game and the U.S. Fish and Wildlife Service as consistent with the State and Federal Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. d)Slopes and habitat areas within the designated open space shall be placed in a permanent open space conservation easement or dedicated in fee as a condition of subdivision approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating authorized firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. The easement shall be granted to the City of Carlsbad to be maintained and managed as part of the LCP open space system for Kelly Ranch. (c) Proposed to be replaced with draft LCP policies LCP- 6-P.3, LCP-7-P.46 and LCP- 7-P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 101 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 185 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control … (2)Drainage and Runoff Rates – Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with the property in its present state, and appropriate measures shall be taken on and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. (3)Installation Timing of Drainage and Runoff Control Measures – The appropriate measures shall be installed prior to onsite grading. (d) Brush Management – A fire suppression plan shall be required for all residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire suppression plan shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and landscape screening of the residential structures. No portions of brush management Zone 1 and 2 as defined in the City of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be permitted within designated open space upon written approval of the Fire Department and only when native fire retardant planting is permitted to replace high and moderate fuel species required to be removed. (e) Siting/Parking – Due to severe site constraints, innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site. [no (f)] (g) Roads in Open Space – Access roads shall be a permitted use within designated open space subject to an approved coastal development permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. (c)Proposed to be replaced with draft LCP policies LCP-6-P.3, LCP-7-P.46 and LCP-7- P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. (d)Proposed to be replaced with draft policies LCP-7-P.55 to 58, which address fire hazards. (e) This policy is addressed by draft LCP policies LCP-6-P.15 to LCP-6-P.19. (g) This policy is outdated. The open space in Kelly Ranch is part of the HMP preserve and is subject to the access restrictions of the HMP. See draft policies LCP-6-P.1 through LCP-6-P.3. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 102 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 186 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (h) Other Uses in Open Space – The designated open space on Planning Area D may be modified to accommodate daycare facilities and RV parking which meet the following criteria, subject to an approved coastal development permit: 1) In no case shall the designated open space corridor be less than 800 feet including the desiltation basin on Planning Area E; 2) No development shall encroach into jurisdictional wetlands mapped by the ACOE; 3) The facilities shall be located on the least environmentally sensitive portion of the site and within non-native grassland and/or disturbed agricultural area to the maximum extent possible; and The area utilized for these uses shall be the minimum size necessary to satisfy the requirements of the City of Carlsbad Zoning Code. (h) This policy has been implemented and daycare and RV parking has been developed per the provisions of the policy. The policy is no longer needed. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 103 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 187 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (i) Water Quality: a.All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 104 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 188 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (i) Water Quality: … e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e. (2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6- P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e. (4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e. (5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e. (7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e. (9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 105 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 189 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (i) Water Quality: … e.Development projects should be designed to comply with the following site design principles: … 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. e. (10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g. Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i. Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. j. Proposed to be replaced by draft policy LCP-6-P.29 HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 106 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 190 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. m.Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. k. Proposed to be replaced by draft policy LCP-6- P.23, which reflects the California Coastal Commission Model Water Quality Policies. l. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. m. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP- 6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6- P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 107 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 191 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reduction in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. o and p. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. 192 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … In addition the following shall apply: New development and significant redevelopment of private and publicly owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition, to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: … These policies are proposed to be replaced with updated water quality policies that are consistent with regional requirements and California Coastal Commission Water Quality Model Policies – see draft LCP policies LCP-6-P.13 through LCP-6-P.29. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 108 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 193 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: a) Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and/or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; b) Use porous materials for or near walkways and driveways where feasible; c) Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways d) Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff from the building site in a non-erosive manner. e) Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). f) The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. … These policies are proposed to be replaced with updated water quality policies that are consistent with regional requirements and California Coastal Commission Water Quality Model Policies – see draft LCP policies LCP-6-P.13 through LCP-6-P.29. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 109 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 194 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … Parking Lots Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall: a)Incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Practices Handbooks (Commercial and Industrial). These policies are proposed to be replaced with updated water quality policies that are consistent with regional requirements and California Coastal Commission Water Quality Model Policies – see draft LCP policies LCP-6-P.13 through LCP-6-P.29. 195 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … All Development a)A public education program designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs; b)A landscape management plan that includes herbicide/pesticide management. Such measures shall be incorporated into project design through a water quality/urban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision and/or development stage, as appropriate. These policies are replaced with updated water quality protection policies - see draft policies LCP-6-P.13 to 29 (also see rows 18-21 above). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 110 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 196 POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA … (j)Vista Points – Public vista points shall be provided at two locations, one in Planning Area J and the other either entirely within Planning Area L or including portions of Planning Area L and the disturbed high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may be located in disturbed open space areas subject to approval by the Department of Fish and Game. Support parking shall be provided and may be located either on-street or off-street within close proximity to the vista point(s). Dedications necessary to provide the vista points and access to the vista points shall be a condition of coastal development permit approval at the subdivision stage. (k)Public Trails – A public trails system that links Agua Hedionda Lagoon, the interpretive center, the street system, open space areas and public vista point(s) shall be provided in consultation with California Department of Fish and Game. Trails provided outside of the public right-of-way shall be dedicated by easement as a condition of subdivision approval. Trail improvements may be a combination of sidewalks within the public right-of-way and, for segments located outside of the public right-of-way, as defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space & Conservation Map). (l)Public Streets/Gated Communities – The street systems shall provide public access and support parking for the public trail system and vista points in the residential developments located in Planning Areas J, K and L of Kelly Ranch. Public access may be provided through public streets, or private streets with public access easements or deed restriction. Private gated communities shall not be permitted within those planning areas. (j), (k) and (l) these policies have been implemented and are no longer needed on a site-specific basis. See draft LCP policies in Chapters 4 and 5 regarding policies for trails and scenic views throughout the Coastal Zone. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 111 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 197 POLICY 3-6 SEAPOINTE / ENCINAS CREEK Permitted uses within the wetlands and designated upland buffer of the Ward property (portion of Parcel #214-010-01) shall be limited to access paths in uplands, aquaculture, fencing, nature study projects or similar resource dependent uses, wetland restoration projects and other improvements necessary to protect wetlands. This policy has been implemented; the site has been developed consistent with the policy. This policy is proposed to be replaced with draft LCP policies LCP-6-P.1 through LCP-6-P.3. The requirements of the HMP adequately replace the buffer requirements of the existing policy. 198 POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACARIO CANYON AND VETERANS MEMORIAL PARK The City of Carlsbad owns approximately 521 acres in and adjacent to Macario Canyon. A municipal golf course has been proposed for a portion of the property, and a public park is planned for another portion. Development of the property shall be subject to the following policies regarding protection of habitat: a.The impact and conservation areas for the Municipal Golf Course are shown as a Hardline design in the HMP (Figure 8 Revised), and which shall serve as the standard of review for determining areas in which development may occur in the future. Areas shown for conservation shall not be impacted or disturbed except for revegtation, restoration and other similar activities related to mitigation. Areas shown for impact may be fully developed with appropriate mitigation. b.Any impacts to Coastal Sage Scrub shall be mitigated by on-site creation at a rate of 2:1 in compliance with the no net loss standard stated in Policy 3-1.2. Onsite revegetation or restoration may be done on agricultural, disturbed or non-native grassland areas. For impacts to the Coastal California gnatcatcher, additional mitigation shall be provided by acquisition and preservation at a 1:1 ratio of land supporting gnatcatchers. Impacts to dual criteria slopes shall not exceed 10% in compliance with Policy 4-3(b). c.In order to provide a viable north-south wildlife corridor across Macario Canyon, the area shown on the HMP Hardline map as “Veterans Memorial Park Wildlife Corridor” shall be conserved concurrent with any impacts to the Macario Canyon property. No development shall occur within the Wildlife Corridor except a designated trail and rest areas along the trail. d.Protection and management of all mitigation areas shall be consistent with Policy 3-1.10.f and h. This policy is proposed to be replaced with the draft LCP policy LCP-6-P.3 This existing policy repeats the requirements specified in HMP Section D.7-13. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 112 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 199 POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACARIO CANYON AND VETERANS MEMORIAL PARK … e.The area shown as “Veterans Memorial Park Development Area” is designated for public recreational use. It is the intent of this policy that the public park area be developed so as to maximize public access and provide a variety of recreational opportunities. Development within steep slopes and/or native vegetation shall be limited to passive recreational facilities, such as recreational trails and picnic areas. Within the proposed development areas, grading of steep slope areas with native vegetation shall be limited to the minimum amount necessary to allow such uses. f.Segments of the Citywide Trail System viewpoints and other opportunities for public access shall be incorporated into the development areas. g.In the riparian area of Macario Canyon Creek, two crossings shall be allowed, as shown in the HMP Hardline exhibit. Crossing #1 shall utilize the existing farm road. Crossing #2 shall utilize a bridge span structure. No riparian impacts shall occur for either crossing. h.The design of riparian buffers shall be as shown in the HMP. Buffers shall be landscaped with appropriate native, non-invasive plants to provide a natural transition between recreational areas and riparian habitat, as well as to discourage human intrusion into the riparian area. Appropriate signing and fencing will also be utilized as provided in Section 3-1.12. This policy is proposed to be replaced with the draft LCP policy LCP-6-P.3 This existing policy repeats the requirements specified in HMP Section D.7-13. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 113 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 200 POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS The following standards are intended to be guidelines for development and habitat preservation, based upon best available information at the time these standards were prepared. The standards apply to parcels primarily in Zones 20 and 21 shown on Exhibit A in the HMP Addendum #2 and that are located within the biological core and linkage areas designated in the MHCP, and are in addition to the applicable standards contained in Policy 3-1 and the HMP. The standards are intended to direct development to existing disturbed areas to the maximum extent feasible, limit impacts to native vegetation and establish viable core and linkage areas as delineated in the HMP. In general, each property shall be allowed to develop at least 25% of the site with appropriate mitigation as specified in Policies 3-1.9 through 3-1.12. When individual properties are proposed for rezoning or development, detailed biological information will be required to determine whether the proposal is consistent with Policy 3-1 and the standards below, based upon the actual type, location and condition of onsite resources, and the appropriate locations of development and preservation areas. 3-8.1 Assessor’s Parcel No. 212-120-33 (Hieatt) No impact to vernal pools. Minimize impact to vernal pool watersheds. 3-8.2 Assessor’s Parcel No. 212-010-3 (Kirgis) Preserve 75% of property with development clustered immediately adjacent to Kelly Ranch. 3-8.3 Assessor’s Parcel No. 215-070-38 (Fernandez) Cluster development on disturbed areas to the maximum extent feasible. Maximum 10% impact on CSS and SMC for access purposes. 3-8.4 Assessor’s Parcel No. 215-040-03 (Muroya) Cluster development on disturbed areas to the maximum extent feasible. Maximum 10% impact on CSS and SMC for access purposes. 3-8.5 Assessor’s Parcel No. 212-040-50 (Emerald Point) Development limited to disturbed and non-native grassland areas. No impacts to native habitat allowed. This policy is proposed to be replaced with the draft LCP policy LCP-6-P.3 This existing policy repeats the requirements specified in HMP Section D.7-13. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 114 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 201 POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS … 3-8.6 Assessor’s Parcel No. 215-020-06 (RWSB) Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered to the maximum extent feasible along disturbed portions of the property adjacent to Cassia Lane and the future Poinsettia Lane extension. Impacts to SMC habitat shall be minimized. A wildlife corridor linkage oriented generally north-south shall be provided on the eastern half of the property and designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require onside mitigation through restoration and/or creation of habitat within the designed corridor linkage, in addition to any other required mitigation. 3-8.7 Assessor’s Parcel No. 215-020-07 (Maldonado) Development shall be concentrated along the Poinsettia Lane extension and shall be limited to the western half of the property. No impacts to the coast oak woodland and riparian area except for Poinsettia Lane extension. The eastern half of the property is recommended for offsite mitigation for other properties in Zone 21; however, at minimum a wildlife corridor linkage oriented generally north-south shall be provided on the eastern half of the property and designed to connect to neighboring properties with existing or potential wildlife corridor linkages. The corridor linkage shall include any onsite coast oak woodland area. 3-8.8 Assessor’s Parcel No. 215-050-21 (Namikas) Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. A wildlife corridor linkage oriented generally north- south shall be provided on the eastern portion of the property, include the onsite coast oak woodland area, and be designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require onsite mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. This policy is proposed to be replaced with the draft LCP policy LCP-6-P.3 This existing policy repeats the requirements specified in HMP Section D.7-13. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 115 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 202 POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS … 3-8.9 Assessor’s Parcel No. 215-050-22 (Sudduth) Development shall be limited to a maximum of 25% of the property, not including Poinsettia Lane construction, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands except for Poinsettia Lane extension. A wildlife corridor linkage oriented generally north-south shall be provided on the eastern portion of the property, include the onsite coast oak woodland area, and be designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require onsite mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. 3-8.10 Assessor’s Parcel No. 215-050-44, 45, 46, 47 (Kevane) Development shall be limited to a maximum of 25% of the property, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands shall be allowed. A wildlife corridor linkage oriented generally north-south shall be provided on the eastern portion of the property, include the onsite coast oak woodland area, and be designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require onsite mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. 3-8.11 Assessor’s Parcel No. 215-050-12 (Reiter) Development shall be limited to a maximum of 25% of the property, and shall be clustered on the western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands shall be allowed A wildlife corridor linkage oriented generally north-south shall be provided on the eastern portion of the property, include the onsite coast oak woodland area, and be designed to connect to neighboring properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall require onsite mitigation through restoration and/or creation of habitat within the designated corridor linkage, in addition to any other required mitigation. This policy is proposed to be replaced with the draft LCP policy LCP-6-P.3 This existing policy repeats the requirements specified in HMP Section D.7-13. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 116 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 203 POLICY 3-8 OTHER PARCELS – SPECIFIC HABITAT PROTECTION STANDARDS … 3-8.12 Assessor’s Parcel No. 215-050-73 (Levatino) Maximum 25% development clustered on the southern portion of the property. Buffer widths may be reduced and/or additional impacts may be allowed to the extent necessary to obtain site access, and/or to accommodate Circulation Road improvements identified in the certified LCP. The parcel specific standards listed above are adopted because hardline preserve boundary lines were not established at the time of preparation of the HMP. The purpose of the standards is to ensure that future development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish a viable habitat corridor and preserve area in Zones 20 and 21. If the City, with the concurrence of the wildlife agencies and the Coastal Commission through an LCP amendment, subsequently approves a hardline preserve boundary for any of the above-described properties as part of the HMP, then the onsite preservation included in the hardline preserve boundary shall apply. This policy is proposed to be replaced with the draft LCP policy LCP-6-P.3 This existing policy repeats the requirements specified in HMP Section D.7-13. The HMP is part of the LCP and it is redundant and unnecessary to repeat the provisions of the HMP within the LCP LUP. 204 POLICY 4-1 – COASTAL EROSION I.Development Along Shoreline a.For all new development along the shoreline, including additions to existing development, a site- specific geologic investigation and analysis similar to that required by the Coastal Commission's Geologic Stability and Blufftop Guidelines shall be required; for permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of the structure, whichever is greater. Additionally, permitted development shall incorporate, where feasible, sub-drainage systems to remove groundwater from the bluffs, and shall use drought-resistant vegetation in landscaping, as well as adhering to the standards for erosion control contained in the City of Carlsbad Drainage Master Plan. A waiver of public liability shall be required for any permitted development for which an assurance of structural stability cannot be provided. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinances, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. a. This policy is proposed to be replaced with policies that address the siting of new development and redevelopment located within a sea level rise hazard zone (LCP-7-P.9 through P.17) and geologic hazard policies LCP-7-P.45, P.46 and P.47. Regarding runoff and water quality protection, see draft policies LCP-6-P.15 and LCP-6- P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 117 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 205 POLICY 4-1 – COASTAL EROSION I.Development Along Shoreline b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. e. (1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e. (2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6- P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e. (4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 118 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 206 POLICY 4-1 – COASTAL EROSION II.Development Along Shoreline … e.Development projects should be designed to comply with the following site design principles: … 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from the development. e. (5)(6). Proposed to be replaced by draft policy LCP-6- P.19, which reflects the California Coastal Commission Model Water Quality Policies. e.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e.(9). Proposed to be replaced by draft policies LCP-6- P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e.(10). Proposed to be replaced by draft policy LCP-6- P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6- P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 119 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 207 POLICY 4-1 – COASTAL EROSION I.Development Along Shoreline … f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Water within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g. Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i. Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. j. Proposed to be replaced by draft policy LCP-6-P.29 k. Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. l.Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 120 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 208 POLICY 4-1 – COASTAL EROSION I.Development Along Shoreline … m.Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use effective irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impractical.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reduction in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. m. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP- 6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP- 6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 121 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 209 POLICY 4-1 COASTAL EROSION … II. Beach Sand Erosion Pursue mitigation measures which address the causes of beach sand erosion; sand dredging and use of the Longard Tube to reduce wave energy are two such measures which have been suggested. The City should continue to participate in the Regional Coastal Erosion Committee's studies of the causes and cures for shoreline erosion. II: This policy is proposed to be replaced with policies that address city support of efforts to mitigate impacts of sea level rise (LCP-7-P.32 through P.35) 210 POLICY 4-1 COASTAL EROSION … III. Shoreline Structures Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of coastal development permit approval, permitted shoreline structures may be required to replenish the beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included as a condition of project approval. Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the material is suitable for sand replenishment. IV. Undevelopable Shoreline Features No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the exception of accessways to provide public beach access and of limited public recreation facilities. III: This policy is proposed to be replaced with policies that address shoreline protective devices (LCP-7-P.18 through P.26). Deposit of dredge spoils is addressed by LCP-7-P.35. IV: This policy is proposed to be replaced by LCP-7-P.11 and LCP-7-P.15. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 122 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 211 POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY The soils investigations now required as part of the land subdivision process are adequate to identify with specificity areas of landslide and instability. However, these investigations will need to be particularly thorough in those areas with La Jolla Group soils which have been identified for potential future development. Currently, soils investigations are only required for subdivisions. In the future, any development proposed for areas known to be prone to landslide shall include a geologic investigation identifying appropriate mitigation measures, and such geologic report shall be substantially as has been required by the Coastal Commission's Geologic Stability and Blufftop Development Guidelines. This policy is proposed to be replaced by draft policy LCP-7-P.46. 212 POLICY 4-3 ACCELERATED SOIL EROSION Areas West of I-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing Storm Drains For areas west of the existing Paseo del Norte, west of I-5 and along El Camino Real immediately upstream of the existing storm drains, the following policy shall apply: a.All development must include mitigation measures for the control of urban runoff rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP dated April 2003 and as amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. Such mitigation shall become an element of the project, and shall be installed prior to the initial grading. At a minimum, such mitigation shall require construction of all improvements shown in the City of Carlsbad Drainage Master Plan and amendments thereto between the project site and the lagoon (including the debris basin), as well as: revegetation of graded areas immediately after grading; and a mechanism for permanent maintenance if the City declines to accept the responsibility. Construction of drainage improvements may be through formation of an assessment district, or through any similar arrangement that allots costs among the various landowners in an equitable manner. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 123 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 213 POLICY 4-3 ACCELERATED SOIL EROSION Areas West of I-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing Storm Drains … b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. a. Proposed to be replaced by draft policies LCP-6- P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. e.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e.(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 124 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 214 POLICY 4-3 ACCELERATED SOIL EROSION … e.Development projects should be designed to comply with the following site design principles: … 4.Provide development-free buffer zones for natural water bodies. 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent offsite transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. e.(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6- P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e.(9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e.(10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 125 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 215 POLICY 4-3 ACCELERATED SOIL EROSION … g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. g. Proposed to be replaced by draft policy LCP-6- P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i. Proposed to be replaced by draft policy LCP-6- P.22, which reflects the California Coastal Commission Model Water Quality Policies. j. Proposed to be replaced by draft policy LCP-6- P.29 k. Proposed to be replaced by draft policy LCP-6- P.23, which reflects the California Coastal Commission Model Water Quality Policies. l.Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 126 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 216 POLICY 4-3 ACCELERATED SOIL EROSION … m.Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMP) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reduction in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. m. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6- 2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6- P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP- 6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 127 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 217 POLICY 4-3 ACCELERATED SOIL EROSION … (b)All Other Areas This policy applies to all other areas except those subject to Policies 3-5 and 3-7 (a) above. 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 Toup maps. The slope mapping and analysis shall be prepared during the 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 plant/animal species and/or Coastal Sage Scrub and Chaparral plant communities, Policies 3-1 and 3-8 and the following provisions would apply: 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 on the City's Circulation Element or the development of utility systems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. b)No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 10% of the total site area. c)Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for permitted firebreaks and/or planting other fire retardant native vegetation and to protect visual resources of importance to the entire community. (1)(2) These policies are proposed to be replaced with draft LCP policies LCP-6- P.3, LCP-7-P.46 and LCP-7- P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP- 7-P.48 to 51 address development restrictions on steep slopes. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 128 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 218 POLICY 4-3 ACCELERATED SOIL EROSION … (b)All Other Areas (1)Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant Communities. ... d)The percentage of steep slope encroachment listed in (a) and (b) above may be modified only for development consistent with the approved HMP and the resource habitat protection policies including Policy 3 above, and approved as part of the City’s Incidental Take Permit pursuant to the adopted HMP. (2)All Other Steep Slope Areas: For all other steep slope areas, the City Council may allow exceptions to the above grading provisions provided the following mandatory findings to allow exceptions are made: a)A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigatable for at least 75 years, or life of structure. b)Grading of the slope is essential to the development intent and design. c)Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas and is consistent with the habitat protection policies contained in Policies 3-1 and 3-8. d)If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. e)If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be allowed only if no interruption of significant wildlife corridors occurs. f)Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation. (1)(2) These policies are proposed to be replaced with draft LCP policies LCP-6-P.3, LCP-7-P.46 and LCP-7-P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP- 7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 129 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 219 POLICY 4-3 ACCELERATED SOIL EROSION … (b) All Other Areas … (3)Drainage and Erosion Control a.All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP- 6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 130 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 220 POLICY 4-3 ACCELERATED SOIL EROSION … (b) All Other Areas … (3)Drainage and Erosion Control … e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent offsite transport of trash and other pollutants from entering the storm water conveyance system. e.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e.(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6- P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e.(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6- P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6- P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP- 6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 131 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 221 POLICY 4-3 ACCELERATED SOIL EROSION … (b) All Other Areas … (3)Drainage and Erosion Control … e.Development projects should be designed to comply with the following site design principles: … 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA), Stormwater Best Management Practice (BMPs) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. e.(9). Proposed to be replaced by draft policies LCP-6- P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e.(10). Proposed to be replaced by draft policy LCP-6- P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP- 6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. f. Proposed to be replaced by draft policies LCP-6- P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g.Proposed to be replaced by draft policy LCP-6- P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 132 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 222 POLICY 4-3 ACCELERATED SOIL EROSION … (b)All Other Areas … (3)Drainage and Erosion Control … h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. h.The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i.Proposed to be replaced by draft policy LCP-6- P.22, which reflects the California Coastal Commission Model Water Quality Policies. j.Proposed to be replaced by draft policy LCP-6- P.29 k.Proposed to be replaced by draft policy LCP-6- P.23, which reflects the California Coastal Commission Model Water Quality Policies. l.Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 133 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 223 POLICY 4-3 ACCELERATED SOIL EROSION … (b) All Other Areas … (3)Drainage and Erosion Control … m.Although, residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reductions in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. m. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 134 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 224 POLICY 4-3 ACCELERATED SOIL EROSION … (b)All Other Areas … (4)Required Drainage or Erosion Control Facility Maintenance Arrangements: Development approvals shall include detailed maintenance arrangements for providing the ongoing repair and maintenance for all approved drainage or erosion-control facilities. (5)Installation & Timing of Permanent Runoff and Erosion Control Devices: All permanent runoff-control and erosion-control devices shall be developed and installed prior to or concurrent with any onsite grading activities. (6)Required Open Space Easements on Undeveloped Slopes: All undevelopable slopes shall be placed in open space easements as a condition of development approval. (4)(5) Now addressed by draft policies LCP-P.22 and LCP-6-P.23, which are consistent with California Coastal Commission Model Water Quality Policies. (6)Proposed to be replaced by draft policy LCP-7- P.49.C. 225 POLICY 4-4 REMOVAL OF NATURAL VEGETATION When earth changes are required and natural vegetation is removed, the area and duration of exposure shall be kept at a minimum. The purpose of this existing policy is to minimize erosion during construction/grading (earth changes). Consistent with California Coastal Commission Water Quality Model Policies, draft policy LCP-6-P.23 addresses water quality impacts during construction. Draft policy LCP-6-P.15 requires compliance with Engineering Standards, which require construction BMPs that minimize erosion and water quality impacts. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 135 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 226 POLICY 4-5 SOIL EROSION CONTROL PRACTICES a.Soil erosion control practices shall be used against “onsite” soil erosion. These include keeping soil covered with temporary or permanent vegetation or with mulch materials, special grading procedures, diversion structures to divert surface runoff from exposed soils, and grade stabilization structures to control surface water. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 136 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 227 POLICY 4-5 SOIL EROSION CONTROL PRACTICES … e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent offsite transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. e.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e.(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e.(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6- P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e.(9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. e.(10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 137 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 228 POLICY 4-5 SOIL EROSION CONTROL PRACTICES … f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA), Stormwater Best Management Practice (BMPs) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. f. Proposed to be replaced by draft policies LCP-6- P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g. Proposed to be replaced by draft policy LCP-6- P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i. Proposed to be replaced by draft policy LCP-6- P.22, which reflects the California Coastal Commission Model Water Quality Policies. j. Proposed to be replaced by draft policy LCP-6- P.29 k. Proposed to be replaced by draft policy LCP-6- P.23, which reflects the California Coastal Commission Model Water Quality Policies. l. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 138 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 229 POLICY 4-5 SOIL EROSION CONTROL PRACTICES … m.Although, residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas. o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: 1.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reductions in the area of impervious surfaces used to designate a specific category of Priority Project. p.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. m. Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6- 2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n. This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” o and p. Proposed to be replaced by draft policy LCP- 6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 139 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 230 POLICY 4-6 – SEDIMENT CONTROL PRACTICES a.Apply “sediment control” practices as a perimeter protection to prevent offsite drainage. Preventing sediment from leaving the site should be accomplished by such methods as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion is of course the most efficient way to control sediment runoff. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. b.Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. c.Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. d.Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). b.Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. c.Proposed to be replaced by draft policies LCP-6-P.18, LCP-6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. d. Proposed to be replaced by draft policies LCP-6-P.16, LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 140 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 231 POLICY 4-6 – SEDIMENT CONTROL PRACTICES … e.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. 5.Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6.Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8.Incorporate roof or awning covers over trash storage areas to prevent off- site transport of trash and other pollutants from entering the storm water conveyance system. 9.Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. e.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. e.(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP- 6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. e.(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. e.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. e.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. e.(9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 141 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 232 POLICY 4-6 – SEDIMENT CONTROL PRACTICES … e.Development projects should be designed to comply with the following site design principles: … 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. f.Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. g.Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. h.Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. i.The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. e.(10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. f. Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. g.Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. h.The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. i.Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 142 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 233 POLICY 4-6 – SEDIMENT CONTROL PRACTICES … j.The City will encourage and support public outreach and education regarding the potential water quality impacts of development. k.Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. l.Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. m.Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. n.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas. j.Proposed to be replaced by draft policy LCP-6-P.29 k.Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. l.Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. m.Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). n.This policy is proposed to be replaced draft policy LCP-6- P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 143 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 234 POLICY 4-6 – SEDIMENT CONTROL PRACTICES … o.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 within an LCP amendment: 1.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impracticable.) 2.Addition of new development categories as Priority Projects. 3.Addition of new coastal waters to the map of Environmentally Sensitive Areas. 4.Reduction in the area of impervious surfaces used to designate a specific category of Priority Projects. [No “p”] q.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. o and q. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 144 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 235 POLICY 4-7 FLOOD HAZARDS (a) Storm Drainage Facilities in Developed Areas Storm drainage facilities in developed areas should be improved and enlarged according to the City of Carlsbad Drainage Master Plan, incorporating the changes recommended in the LCP. (b) City's Grading Ordinance The City's grading ordinance should be amended to greatly reduce the extent of onsite and offsite erosion due to construction activities. (See policies under Soil Erosion.) Although these are primarily erosion control measures, they will help to prevent sedimentation in downstream drainage facilities. (c) Storm Drainage Facilities in Undeveloped Areas Drainage improvement districts shall be formed for presently undeveloped areas which are expected to urbanize in the future. The improvement districts would serve to implement the City of Carlsbad Drainage Master Plan. Upstream areas in the coastal zone shall not be permitted to develop prior to installation of the storm drain facilities downstream, in order to assure protection of coastal resources. (d) Financing New Drainage Facilities New drainage facilities, required within the improvement districts, should be financed either by some form of bond or from fees collected from developers on a cost-per-acre basis. (e) 100-Year Floodplain Development shall continue to be restricted in 100-year floodplain areas. Continuing the policy of zoning 100-year floodplains as open space will permit natural drainage to occur without the need for flood control channels. No permanent structures or filling shall be permitted in the floodplain and only uses compatible with periodic flooding shall be allowed. (f) Drainage Master Plan Adopt the provisions of the City of Carlsbad Drainage Master Plan to ameliorate flood and drainage hazards within the planning area. a), b) c), d), and f): This policy is outdated. See draft policy LCP-7-P.38. Adequate drainage facilities (for existing and undeveloped planned land uses per the General Plan/LCP) are planned for all areas of Carlsbad, per the drainage master plan. It is not necessary to distinguish between developed and undeveloped areas, require improvement districts or address financing. e): See draft policy LCP-7-P.41. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 145 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 236 POLICY 4-8 SEISMIC HAZARDS The provisions of the State Uniform Building Code are not entirely adequate for earthquake protection. The City should continue to monitor the UBCs earthquake provisions and make recommendations for improvement. Most development in liquefaction-prone areas should have site-specific investigations done addressing the liquefaction problem and suggesting mitigation measures. New residential development in excess of four units, commercial, industrial, and public facilities shall have site-specific geologic investigations completed in known potential liquefaction areas. See draft policies LCP-7-P.46 and 54. 237 5.PUBLIC WORKS AND PUBLIC SERVICES CAPACITIES POLICY 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM The planned improvements to the regional sewage transportation system should be undertaken and completed. These improvements are necessitated by development beyond the coastal zone. This policy is outdated and not proposed as part of the draft LCP. Sewage transportation improvements are provided concurrent with development. The city’s sewer pipelines (inside and outside of the Coastal Zone) are adequate to meet current demand for sewage transportation. 238 POLICY 5-2 FUTURE SEWAGE TREATMENT Future treatment demands can be met by the combined effects of enlarging the Encina Water Pollution Control Facility and implementing the City of Carlsbad Wastewater Reclamation Master Plan. The City must participate in meeting growth demands beyond the coastal zone. This policy is outdated and not proposed as part of the draft LCP. The Encina Water Pollution Control Facility Phase V Expansion was completed in 2009. The facility accommodates the ultimate buildout demand for the Carlsbad sewer service area (inside and outside the Coastal Zone) based on projections made in the City of Carlsbad Sewer Master Plan. 239 POLICY 5-3 UNTREATED RECLAIMED WATER Since current Regional Water Quality Control Board requirements may not permit untreated reclaimed water for certain purposes, Carlsbad should participate in the Phase IV expansion of Encina to assure capacity to meet demand both in and out of the coastal zone. This policy is outdated and not proposed as part of the draft LCP. The City of Carlsbad has approximately 79 miles of recycled water distribution pipeline. This distribution system currently supplies more than 700 recycled points of connection. Recycled water is supplied to city park, median strips, golf courses, shopping areas, freeway landscaping, HOA common areas, Legoland, the Flower Fields, Grand Pacific Palisades Hotel, and Karl Strauss Brewery. 240 POLICY 5-4 TEN PERCENT RESERVE SEWAGE CAPACITY FOR COASTAL DEPENDENT RECREATION AND VISITOR-SERVING USES The City of Carlsbad Sewer Allocation Plan which allocates limited capacity from Encina should provide a 10% reserve capacity for coastal-dependent uses that emphasize public and commercial recreation and visitor-serving facilities. This policy is outdated and not proposed as part of the draft LCP. Sewage capacity improvements are provided concurrent with development. The city’s sewage capacity (inside and outside of the Coastal Zone) is adequate to meet current demand for all land uses, including coastal dependent and visitor-serving uses. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 146 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 241 POLICY 5-5 POINSETTIA LANE Poinsettia Lane should be completed as a major arterial as indicated on the Local Coastal Program map by 1995. It should also provide direct coastal access to Carlsbad Boulevard. No assessment of agricultural lands shall be made to support this road extension. This policy is proposed to be replaced with draft LCP policy LCP-4-P.32. 242 6.RECREATION AND VISITOR-SERVING USES POLICY 6-1 ADDITIONAL CITY PARKS Additional City parks will be required in conjunction with new development. These parks should be a minimum of five acres in order to accommodate a wide variety of both active and passive uses. Locations of additional City parks are Altimira Park (12 acres) and North La Costa Park (five acres); both are listed as proposed parks in the Parks and Recreation Element of Carlsbad's General Plan. This policy is proposed to be replaced with draft LCP policy LCP-3-P.10. 243 POLICY 6-2 REGIONAL PARK If the population of Carlsbad increases in accordance with SANDAG's projected Series V Population Forecasts, it is estimated that Carlsbad will need to develop a new regional park containing 200 to 300 acres in order to adequately serve the public. A location for a new regional park must, therefore, be established. Consideration should be given to a facility within the Aqua Hedionda Specific Plan Area, or adjacent lands. The Batiquitos Lagoon area should also be considered. This policy is outdated and proposed to be replaced with draft LCP policy LCP-3-P.10. Per the city’s Growth Management park standard, adequate park acreage is planned to serve Carlsbad’s population. 244 POLICY 6-3 ENCINA FISHING AREA The water related Encina fishing area located adjacent to the San Diego Gas and Electric Company's power plant should be maintained for public use with no fees (See Exhibit 4.9) (See Policy 7-7) This policy is proposed to be replaced with draft LCP policy LCP-3-P.8. 245 POLICY 6-4 NEED FOR ADDITIONAL OVERNIGHT CAMPING Additional overnight camping facilities, the main source of lower cost visitor and recreational facilities, are needed throughout the San Diego coastal region. Additional facilities of this kind should be provided in a regional park within the Carlsbad area. This can be accomplished in conjunction with an eventual Batiquitos Park, within the Aqua Hedionda Specific Plan Area, and/or along with the development of private recreational facilities. This policy is proposed to be replaced with draft LCP policies LCP-3-P.14, 19 and 22. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 147 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 246 POLICY 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS, AND VISITOR-SERVING USES Approximately 40 acres of additional visitor-serving (hotel-motel and restaurant) uses should be established. Assuming a density of approximately ten hotel-motel rooms per acre, the estimated need of 200 additional rooms can be achieved. Restaurants and other visitor-serving facilities also need to be provided. Suggested locations are the intersections of I-5 with Palomar Airport Road and/or Poinsettia Lane. Not all of this demand needs to be met with land immediately within the coastal zone. This policy is outdated and has been implemented; it is not proposed as part of the draft LCP. The need for 200 additional hotel rooms was identified in 1980 with the city’s original LCP. In 1980, there were 312 hotel rooms in Carlsbad’s Coastal Zone, and based on tourism growth estimates at that time, an additional 200 rooms were needed by 1995. The city has 2,989 hotel rooms in the Coastal Zone, plus 222 campsites. Draft LCP policies LCP-P-3.15 to 21 are proposed to address the provision of future visitor serving uses. Section 3.3 of the draft LCP describes the future demand for hotel rooms. 247 POLICY 6-6 ADDITIONAL VISITOR-SERVING FACILITIES AT ELM AVENUE AND CARLSBAD BOULEVARD Provision should be made for additional visitor-serving facilities, as well as retaining existing visitor uses, at the western terminus of the Elm Avenue corridor in the coastal zone. (See Exhibit 4.10). This policy is outdated and has been implemented; it is not proposed as part of the draft LCP. Elm Avenue is now called Carlsbad Village Drive; the western terminus of which has been fully developed with visitor-serving uses (restaurants and hotels). 248 POLICY 6-7 SMALL BOAT LAUNCHING FACILITY AT SOUTH CARLSBAD STATE BEACH The possibility of developing the southern portion of Carlsbad State Beach as a small boat launching facility should be pursued to meet this water-related need. This policy is proposed to be replaced with draft LCP policies LCP-3-P.3 through LCP-3-P.7. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 148 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 249 POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST END OF BUENA VISTA LAGOON “Visitor-serving commercial uses” shall be defined to include hotels and motels, recreational facilities, restaurants and bars, amusement parks, public parks, horticultural gardens, farmers' markets, retail uses accessory to another use which is the primary use of the site, and other accessory uses customarily catering to hotel and motel guests. The May Co. properties located at the east end of Buena Vista Lagoon (See Exhibit 4.5) will be designated for commercial, not visitor-serving commercial uses. The policy is not proposed as part of the draft LCP. The draft LCP provides a description of the VC land use designation and the zoning ordinance regulates and specifies the types of uses allowed. The “May Co. properties” are designated Regional Commercial on the LCP land use map; that part of the policy has been implemented. Draft LCP policy LCP-3-P.16 specifies that land suitable for visitor-serving commercial uses shall be designated as VC on the LCP land use map. 250 POLICY 6-9 PROPERTIES FRONTING CARLSBAD BOULEVARD ADJACENT TO AND INCLUDING SOUTH CARLSBAD STATE BEACH The South Carlsbad State Beach campground should be considered for conversion to a day use beach and upland park if other adequate campground facilities can be developed nearby. Mixed use development (i.e., residential and recreational-commercial) shall be permitted by right on properties fronting Carlsbad Boulevard across from South Carlsbad State Beach (See Exhibit 4.9). This policy applies only where not in conflict with the agricultural policies of the LCP. The policy is not proposed as part of the draft LCP. The campground is a source of existing lower cost visitor accommodations. Draft LCP policies encourage expansion of the campground, not conversion of it to beach/park land. The provision for mixed use on property across from the state beach is addressed by the LCP land use map and policies in draft LCP Chapter 2; across from the south Carlsbad State Beach, mixed use is only permitted in the GC land use designation (Ponto area). There is no agriculture fronting Carlsbad Boulevard. 251 POLICY 6.10 LOWER COST VISITOR-SERVING RECREATIONAL USES Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Encourage a range of affordability for overnight visitor accommodations. Evaluate the affordability of any new or redeveloped overnight visitor accommodations, including amenities that reduce the cost of stay. Mitigation may be applied to protect and encourage affordable overnight accommodations. This policy is proposed to be replaced with draft LCP policies LCP-3-P.14, LCP-3-P.18 and 19. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 149 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 252 7.SHORELINE ACCESS POLICY 7-1 CYPRESS AVENUE AND OCEAN STREET AREA Since there is a lack of adequate access in the northern portions of the planning area, an additional access point shall be provided, of at least 10 feet in width. The site of this accessway should be the vacant parcel located adjacent to the Army/Navy Academy at Cypress Avenue (Del Mar Street), and dedication of an accessway shall be required as a condition of development approval for this site. Such dedication shall be in the form of an offer to the City of Carlsbad, State Coastal Conservancy or other appropriate public agencies, irrevocable for a term of 21 years. NOTE: This site is now developed. As a part of (CCC) development approval, coastal access is open from to . This policy is outdated and is not proposed as part of the draft LCP. A privately maintained beach access exists at Cypress and Ocean. Draft LCP policies LCP- 4-P.10, 16 and 17 address maintenance of accessways. 253 POLICY 7-2 SHORELINE ACCESS SIGNAGE The Coastal Conservancy and California State Department of Transportation (CALTRANS) have undertaken a comprehensive program designed to provide appropriate signs designating the shore access points. It is recommended that they identify the existing access points in the Carlsbad coastal zone, and upon approval of the future sites of access it is recommended that these also be identified with signs. This policy is proposed to be replaced with draft LCP policy LCP-4-P.16. 254 POLICY 7-3 ACCESS ALONG SHORELINE The City will cooperate with the State to ensure that lateral beach access is protected and enhanced to the maximum degree feasible, and will continue to formalize shoreline prescriptive rights. Irrevocable offers of dedication for lateral accessways between the mean high tide line and the base of the coastal bluffs, and vertical accessways where applicable, shall be required in new development consistent with Section 30212 of the California Coastal Act of 1976. There is evidence of historic public use adjacent to Buena Vista Lagoon. Paths crisscross the area near the railroad tracks to the ocean shoreline. Development shall provide access and protect such existing access consistent with the needs to protect the habitat. NOTE: See Exhibit 4.10 This policy is proposed to be replaced with draft LCP policies LCP-4-P.3, 5, 6, 20, and 21. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 150 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 255 POLICY 7-4 CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD AREA An additional access point on the South Carlsbad State Beach shall be provided at about the intersection of Carlsbad Boulevard and Palomar Airport Road. NOTE: See Exhibit 4.10 This policy is proposed to be replaced with draft LCP policy LCP-4-P.12. 256 POLICY 7-5 ACCESS ON SOUTH CARLSBAD STATE BEACH There is evidence of poorly-maintained and ill-defined walkways along much of the day use portion of South Carlsbad State Beach. These existing access points shall be improved as part of a State Parks and Recreation Master Plan for the Carlsbad State Beaches. NOTE: See Exhibit 4.10 This policy is proposed to be replaced with draft LCP policy LCP-4-P.12. 257 POLICY 7-6 BUENA VISTA LAGOON An access trail shall be provided along the southern shoreline of Buena Vista Lagoon (See Exhibit 4.10), to facilitate public awareness of the natural habitat resources of the lagoon. To protect the sensitive resources of this area, access development shall be limited and designed in consultation with the State Department of Fish and Game. In permitted development of properties adjacent to the lagoon (See Exhibit 4.5), offers of dedication of lateral accessways, irrevocable for a term of 21 years, shall be required to be provided to the City of Carlsbad, State Coastal Conservancy, or other appropriate public agencies. Such access dedications shall be of at least 25 feet in width upland from environmentally sensitive areas and any required buffers thereto. In addition, the City of Carlsbad, State Coastal Conservancy, and Wildlife Conservation Board shall seek to obtain lateral accessways across developed lands. This policy is proposed to be replaced with draft LCP policies LCP-4-P.3, 7 and 14. 258 POLICY 7-7 ENCINA POWER PLANT SHORE AREA It is recommended that the shore area owned by the San Diego Gas and Electric Company (area near the Encina Power Plant) be dedicated to the State of California. This area is already heavily used by beach goers and should be maintained by the State for properly continued use. NOTE: See Exhibit 4.9 and Policy 6-3. This policy is proposed to be replaced with draft LCP policy LCP-4-P.13. Regarding existing Policy 7-7’s reference to dedicating the property to the state, the parcel has been dedicated/transferred to the City of Carlsbad for public access and recreation use. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 151 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 259 POLICY 7-8 NORTH END OF OCEAN STREET On the vacant parcel at the extreme north end of Ocean Street, when development is proposed an irrevocable offer to dedicate the beach and lowland areas shall be required pursuant to Section 30211 of the Coastal Act. Residential development shall be clustered on the highland area and the bluff face shall not be altered. There shall be appropriate blufftop setback based on geologic report taking into account the prominent location, shoreline instability and significant habitat adjacent to the lagoon. NOTE: This parcel is now developed. This policy is outdated and is not proposed as part of the draft LCP. The property is developed consistent with this policy. The beach and lowland areas are separate parcels that are designated as open space. 260 POLICY 7-9 SOUTH CARLSBAD STATE BEACH: PARKING Parking facilities are entirely inadequate in the vicinity of the South Carlsbad State Beach. To remedy this problem, the 20-acre site (APN 210-09-7) located between Carlsbad Boulevard and the railroad at the junction of Palomar Airport Road shall be developed for parking facilities of approximately 1,500 spaces. When this facility becomes heavily utilized, jitney service should be initiated between the parking area and designated points along Carlsbad Boulevard. This policy is outdated and is not proposed as part of the draft LCP. The objective to provide more beach parking is addressed draft LCP policies LCP-4-P.37 to 40. 261 POLICY 7-10 PARKING Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future development of various land uses. This policy is proposed to be replaced with draft LCP policy LCP-4-P.39. 262 POLICY 7-11 STATE BEACH LANDS Certain portions of underutilized state beach lands will provide a resource to develop future recreational facilities and beach access points. These shall be developed as part of an overall master plan for the Carlsbad beaches to be accomplished by the State of California Parks and Recreation Department. This policy is proposed to be replaced with draft LCP policy LCP-3-P.12 and LCP-4-P.11 and 12. 263 POLICY 7-12 SEAWARD OF OCEAN STREET New development on the seaward side of Ocean Street shall observe, at a minimum, an ocean setback based on a "stringline" method of measurement. No enclosed portions of a structure shall be permitted further seaward than the adjacent structure to the north and south; no decks or other appurtenances shall be permitted further seaward than those on the adjacent structures to the north and south. This policy shall be used on single-family, “infill” parcels, and a greater ocean setback may be required for geologic reasons. This policy is proposed to be replaced with draft LCP policy LCP-7-P.14. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 152 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 264 POLICY 7-13 VISUAL ACCESS Visual access over more than 80% of the Carlsbad coastline is unobstructed because of public ownership. No future public improvements which would obstruct this visual access shall be permitted. This policy is proposed to be replaced with draft LCP policy LCP-5-P.27. 265 POLICY 7-14 VERTICAL SHORELINE ACCESSWAY WIDTH It is recommended that vertical accessways to the beach generally be at least ten feet in width. This policy is proposed to be replaced with draft LCP policy LCP-4-P.4. 266 POLICY 7-15 SOUTH CARLSBAD STATE BEACH: CONVERSION TO A DAY USE BEACH, AND VERTICAL ACCESS ON MacMAHON PROPERTY As the demand for day beach use increases and as additional campground facilities are provided within the Carlsbad area, the existing South Carlsbad State Beach campground should be converted to a day use beach. The upland area would serve as an ideal parking and picnicking area with stairway access to the beach below. This designation shall be incorporated within future master planning efforts by the State of California. The California Commission-required offer of dedication for vertical access on the MacMahon property, located approximately 700 feet north of Cedar Street, shall be enforced as part of Coastal Development Permit F2875, unless the Attorney General's Office resolves the matter through an alternative acceptable to the State Coastal Commission. This policy is outdated and not proposed as part of the draft LCP. Converting the campground to a day use beach conflicts with current Coastal Commission guidance on protection of low-cost visitor accommodations. Regarding enforcement of a Coastal Commission issued CDP on the MacMahon property, it is not clear where that property is. The offer of dedication is a Coastal Commission condition of project approval and the city does not have authority to enforce the Coastal Commission’s conditions of approval. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 153 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 267 8.SCENIC AND VISUAL RESOURCES, HISTORIC RESOURCES POLICY 8-1 SITE DEVELOPMENT REVIEW The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views and panoramas. Sites considered for development should undergo individual review to determine if the proposed development will obstruct views or otherwise damage the visual beauty of the area. The Planning Commission should enforce appropriate height limitations and see-through construction, as well as minimize any alterations to topography. This policy is not proposed as part of the draft LCP. The Scenic Preservation (SP) Overlay Zone states that the city can adopt standards or guidelines for areas where the overlay zone is applied. The SP overlay zone has only been used in relation to the El Camino Real Corridor Development Standards (approved in 1984). The overlay zone has not been used elsewhere in the Coastal Zone. Draft LCP policies LCP-5-P.22 through 32 provide specific guidance on protection of public views of scenic areas; whereas the SP overlay zone does not provide any specific guidance for the Coastal Zone. As part of the Zoning Ordinance update, which will follow this LCP update, the SP overlay zone will be updated to provide standards to implement the proposed LCP scenic resource policies. 268 POLICY 8-2 POTENTIALLY HISTORIC STRUCTURES The City's historic structures which have the potential to meet criteria for inclusion in the National Register of Historic Places appear to be economically well-used at present. The sites with historic significance of "local importance" also appear to be in active use. However, maintenance, repair and use of these properties may require special attention. The building code flexibility and tax benefits which may be available to such properties need further study. The City of Carlsbad in conjunction with individual property owners of historically significant structures should determine which local and federal programs are applicable and take advantage of them as appropriate. This policy is proposed to be replaced with draft LCP policies LCP-5-P.19, 20 and 21. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 154 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES MELLO II SEGMENT 269 POLICY 8-3 INFILL DEVELOPMENT DESIGN REVIEW While the Scenic Preservation Overlay Zone can be used to enhance the character of new development, the City of Carlsbad should adopt a policy whereby the unique characteristics of older communities (especially the Elm Street corridor) can be protected through their redevelopment scheme. This policy should reflect design standards which are in accordance with the flavor of the existing neighborhood. This policy is outdated and not proposed as part of the draft LCP. Draft LCP Chapter 2 (land use) contains policies that address development in unique areas, such as the Village, Barrio, Ponto, and Cannon Road OS/Agriculture. 270 POLICY 8-4 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES The environmental impact review process will determine where development will adversely affect archaeological and paleontological resources. A site-specific review should also determine the most appropriate methods for mitigating these effects. Most importantly, the City of Carlsbad should require the implementation of these measures. This policy is proposed to be replaced with LCP-5- P.13 through LCP-5-P.18 271 POLICY 8-5 SIGNAGE On-premise signs should be designed as an integral part of new development. In addition: (A)Each business shall be entitled to one facade sign. (B)Each shopping complex shall have only one directory sign not to exceed 15 feet in height, including mounding. (C)Monument sign` height including mounding shall not exceed 8 feet and shall apply where three (3) or fewer commercial establishments exist on a parcel. (D)Tall freestanding and roof signs shall not be allowed. (E)Off-premise signs and billboards shall not be allowed. (F)Current City regulations shall govern the number of square feet in each permitted sign. This policy is proposed to be replaced with LCP-5- P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 155 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 272 A. Land Use Categories The following are the proposed land use “Planning Areas,” each providing a brief description. The "Planning Areas" correspond directly with the planning areas approved with the Poinsettia Shores Master Plan. All development in these planning areas are subject to the provisions of the Poinsettia Shores Master Plan as adopted by the Carlsbad City Council and certified by the California Coastal Commission. No development inconsistent with the Master Plan shall be permitted. The Planning Areas identified below will replace the former planning areas established by the BLEP Master Plan. See the attached map for the location of the Planning Areas described below. This policy is not proposed as part of the draft LCP. See comments below. 273 1.Planning Area A-1 Planning Area A-1 is located north of Avenida Encinas near the intersection of Avenida Encinas and Windrose Circle. It has a gross area of 9.8 acres and a net developable area of 8.4 acres. Planning Area A-1 has a land use designation of RM and allows for the development of 41 single family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 274 2.Planning Area A-2 Planning Area A-2 is located south of Avenida Encinas within the interior of the circle formed by Windrose Circle. It has a gross area of 1.5 acres and a net developable area of 11.0 acres. Planning Area A-2 has a land use designation of RM and allows for the development of 50 single-family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 275 3.Planning Area A-3 Planning Area A-3 is located west of Planning Area A-2, east of the railroad right- of-way and adjacent to Avenida Encinas. It has a gross planning area of 10.2 acres and a net developable area of 8.6 acres. Planning Area A-3 has a land use designation of RM and allows for the development of 51 single-family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 156 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 276 4.Planning Area A-4 Planning Area A-4 is located south of Planning Area A-3, east of the railroad right- of-way and adjacent to Batiquitos Lagoon. It has a gross planning area of 14.7 acres and a net developable area of 14.7 acres. Planning Area A-4 has a land use designation of RM and allows for the development of 62 single-family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). Planning Area A-4 is a lagoon blufftop area which is subject to special development standards to address visual impacts to the lagoon. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 277 5.Planning Area B-1 Planning Area B-1 is located north of Avenida Encinas and south of Lakeshore Gardens Mobile Home Park. It has a gross planning area of 20.9 acres and a net developable area of 20.2 acres. Planning Area B-1 has a land use designation of RM and allows for the development of 161 clustered single family detached residences (plus any density bonus units as provided in the Poinsettia Shores Master Plan). The cluster single-family units are organized in groups of four air space ownership units located on common property owned by the homeowners association. These units will share in common a courtyard and private driveway leading to the individual unit garage, front yard area and the area fronting the adjacent street(s). Outdoor private use areas will also be provided for each home, within the common property. This product type provides many of the amenities found in standard single-family residential design including: no common walls between units, private rear yards, garages, and increased privacy. The shared common property and shared driveway allow for clustered placement of the units around a central driveway/courtyard. This effectively reduces the number of units requiring direct street frontage and provides additional spacing between units across the drive. This results in a street scene which exhibits only two units in a row spaced ten feet apart in contrast to standard design practice under the Planned Development Ordinance which allows an unlimited number of units spaced ten feet apart with certain design criteria for single story elements. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 157 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 278 6.Planning Area B-2 Planning Area B-2 is located south of and adjacent to Windrose Circle in the interior of Navigator Circle. Planning Area B-2 has a gross area of 2.9 acres with a net developable area of 2.6 acres. This Planning Area has a land use designation of RM and allows for the development of 16 clustered single-family detached homes on common lots (plus any density bonus units as provided in the Poinsettia Shores Master Plan). The cluster single-family product is discussed above under Planning Area B-1. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 279 7.Planning Area C Planning Area C is located immediately east of Navigator Circle, to the northeast of the previously developed single-family homes of Planning Area J and immediately west of I-5. Planning Area C has a gross area of 11.2 acres and a net developable area of 9.6 acres. Planning Area C has a land use designation of RM and allows for the development of 70 multi-family dwelling units (plus any density bonus units as provided in the Poinsettia Shores Master Plan). These may include carriage-type units with garage space below portions of the living area in each unit, located on property owned in common. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 280 8.Planning Area D Planning Area D is located immediately east of the AT&SF Railway right-of-way to the south of Lakeshore Gardens Mobile Home Park. Planning Area D has a gross area of 4.4 acres and a net developable area of 4.0 acres. Planning Area D is designated as the Master Plan’s affordable housing site, unless an offsite location is designated through h an Affordable Housing Agreement between the property owner and the City per the provisions of Chapter VII of this Master Plan. The Poinsettia Shores Master Plan requires that 90 affordable housing units be provided either on-site within Village D or offsite as indicated in Chapter VII of the Master Plan. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 158 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 281 9. Planning Area E Planning Area E is located east of and adjacent to the AT&SF Railway right-of-way and north of and adjacent to Avenida Encinas. Planning Area E has a gross area of 0.9 acres and a net developable area of 0.5 acres; it has a land use designation of RM. This Planning Area is intended to provide recreational vehicle storage for the Poinsettia Shores Master Plan residents. Per the requirements of the Planned Development Ordinance, 20 square feet per unit of recreational vehicle storage space shall be provided for all units. The Poinsettia Shores Master Plan allows for 451 market rate dwelling units, plus an additional 2 market rate units with the proposed density bonus for a total of 474 market rate units. The 90 affordable housing units are not included in this total since the residents of these units would be less likely to own luxury recreation vehicles. Therefore, the total requirement for the Master Plan is 9,840 square feet of recreational vehicle parking (20 x 474 = 9,480). The proposed RV site is .5 net developable acres or 21,780 square feet in size. This will more than satisfy the required minimum. This RV storage area shall be operated and maintained by the Poinsettia Shores Master Homeowners' Association. Recreational vehicle storage shall be available by use of a paved access road prior to issuance of the first Certificate of Occupancy for any residential unit in the Master Plan. If there is space available within the RV storage area, nonresidents of the Master Plan may be allowed to store their recreational vehicles in this area. The fees charged to these nonresidents shall be used to pay for the maintenance of the RV storage area. As the Poinsettia Shores Master Plan is developed, residents of the Master Plan area shall have priority over nonresidents for storage space within the Recreational Vehicle storage area. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 159 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 282 10.Planning Area F Planning Area F is located at the far northwest corner of the Master Plan area west of the AT&SF Railway right-of-way. This Planning Area has a gross area of 11 acres and a net developable area of 10.7 acres. Planning Area F carries a Non-Residential Reserve (NRR) General Plan designation. Planning Area F is an “unplanned” area, for which land uses will be determined at a later date when more specific planning is carried out for areas west of the railroad right-of-way. A future Major Master Plan Amendment will be required prior to further development approvals for Planning Area F, and shall include an LCP Amendment with associated environmental review, if determined necessary. The intent of the NRR designation is not to limit the range of potential future uses entirely to non-residential, however, since the City's current general plan does not contain an “unplanned” designation, NRR was determined to be appropriate at this time. In the future, if the Local Coastal Program Amendment has not been processed, and the City develops an “unplanned” General Plan designation, then this site would likely be redesignated as “unplanned.” Future uses could include, but are not limited to: commercial, residential, office, and other uses, subject to future review and approval. As part of any future planning effort, the City and Developer must consider and document the need for the provision of lower cost visitor accommodations or recreational facilities (i.e. public park) on the west side of the railroad. As part of the General Plan update, the Coastal Commission approved residential and general commercial land use designations on the LCP land use map. This policy is updated to be consistent with the land use map designations and the Ponto Beachfront Village Vision Plan. See draft LCP policy LCP-2-P.20.A and B. Regarding the need for lower cost visitor accommodations or recreational facilities west of the railroad, see staff report Attachment 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 160 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 283 11.Planning Area G Planning Area G is located west of the AT&SF Railway right-of-way, east of Carlsbad Boulevard, north of Planning Area H and south of the Avenida Encinas extension. Planning Area G has a gross area of 8.4 acres and net developable area of 7.8 acres. Planning Area G has a land use designation of TS/C. All development in Planning Area G shall conform to the standards of the C-T zone of the Carlsbad Municipal Code, Chapter 21.29. Hotel units will be managed and maintained by a hotel management group. This area also allows for hotel units which are also permitted to be designed as vacation time share units provided that a subdivision map is recorded and the time share is processed under Section 21.42.010 of the Carlsbad Municipal Code. Up to 220 hotel or vacation time share units shall be allowable within this Planning Area. Each unit shall have the option to be designed with full kitchen facilities. These units may be sold or leased on a daily or weekly basis. In this event the facilities shall be maintained and managed by an independent management entity which may or may not be affiliated with the hotel management group. … As part of the General Plan update, the Coastal Commission approved a VC land use designation for planning areas G & H. This policy is updated to be consistent with the land use map designations and the Ponto Beachfront Village Vision Plan. See draft LCP policy LCP-2- P.20.C. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 161 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 284 11.Planning Area G … This Planning Area provides tourist-commercial services and, in particular, the hotel and conference center. Uses within this area shall be primarily directed toward the needs of tourists visiting the hotel, conference center and local scenic and recreation areas. In addition to the hotel/time share units described above, this Planning Area permits, but is not limited to the following uses: restaurants, bakeries, convenience retail, barber and beauty shops, book and stationery stores, dry cleaning, laundry service for hotel, florist shops, small specialty grocery stores, novelty and/or souvenir stores, travel agencies, confectionery stores and jewelry stores. Other similar uses are also allowed upon approval of the Director of Planning. A maximum of 220 hotel and/or time share units, private recreation facilities in conjunction with the hotel and/or time share related uses as well as 58,600 square feet of commercial area. A maximum of 58,600 square feet of tourist commercial floor area is permitted. As part of the General Plan update, the Coastal Commission approved a VC land use designation for planning areas G & H. This policy is updated to be consistent with the land use map designations and the Ponto Beachfront Village Vision Plan. See draft LCP policy LCP-2-P.20.C. 285 12.Planning Area H Planning Area H is located immediately east of Carlsbad Boulevard between the hotel to the north and an open space area to the south. This Planning Area has a gross area of 3.7 acres and a net developable area of 3.7 acres. Planning Area H is a lagoon blufftop area with a land use designation of TS/C. This Planning Area is subject to special development standards which address visual impacts to the lagoon. Planning Area H will include a hotel and conference center with recreational facilities, administrative offices, banquet facilities and accessory retail uses as approved by the Planning Director. All development in Planning Area H shall conform to the standards of the C-T zone of the Carlsbad Municipal Code, Chapter 21.29. Permitted uses within Planning Area H are those commonly found with full service hotel facilities to include, but not limited to, a conference center, swimming pool, tennis courts, health club, dining facilities, and accessory retail uses provided for the convenience of hotel guests when located within the hotel structure(s). A maximum of a 150 executive suite hotel, a maximum of five tennis courts and a maximum of 120,000 square feet of commercial area which includes a 25,000 conference center is allowed within this Planning Area. See comments above. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 162 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 286 13.Planning Area I Open Space Area I is located north of Batiquitos Lagoon, west of the AT&SF Railway right-of-way and east of Carlsbad Boulevard at the southwest corner of the Master Plan area. Planning Area I has a gross area of 11.9 acres. Planning Area I has a land use designation of OS. Land within this planning area has been conveyed to the State Lands Commission as a requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be consistent with the approved enhancement plan. No activities contrary to that plan shall be allowed. A desilting basin may be constructed in the northwest portion of Open Space Area I. The proposed desiltation basin site is outside the Batiquitos Lagoon Enhancement Plan’s implementation area. The City has reviewed a feasible design for the basin and storm drain in the review of the former Batiquitos Lagoon Educational Park (BLEP) project. In addition, the specific implementation design of the Enhancement Plan has accounted for the location of this desiltation basin. The LCP Land Use map designates the site as OS consistent with this policy. The site has been protected and improved with a desilting basin consistent with the policy. Draft LCP policy LCP-2-P.20.D replaces this policy. 287 14.Planning Area J Planning Area J is located north of Batiquitos Lagoon in the eastern portion of the Poinsettia Shores Master Plan area. Planning Area J is the only portion of the Master Plan area that has been developed. There are currently 70 homes built with five lots remaining to be developed. Planning Area J has a gross area of 1.8 acres. This planning area has a land use designation of RM and allows for the development of 75 single- family detached units of which 70 units have already been built. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 288 15.Planning Area K Planning Area K is located north of Batiquitos Lagoon, east of the AT&SF Railway right-of-way and West of I-5. Planning Area K has a gross area of 18. acres. This planning area has a land use designation of OS. Land within this planning area has been conveyed to the State Lands Commission as a requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be consistent with the approved enhancement plan. No activities contrary to that plan shall be allowed. The LCP Land Use map designates the site as OS consistent with this policy. The Poinsettia Shores Master Plan (component of the LCP) adequately addresses the limitations on activities. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 163 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 289 16.Planning Area L Planning Area L is located north of Batiquitos Lagoon and Planning Area K and separating Planning Areas A-4 from Planning Area J. Planning Area L has a gross area of 4.6 acres. This planning area has a land use designation of O-S. Land within this planning area has been conveyed to the State Lands Commission as a requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be consistent with the approved enhancement plan. No activities contrary to that plan shall be allowed. The LCP Land Use map designates the site as OS consistent with this policy. The Poinsettia Shores Master Plan (component of the LCP) adequately addresses the limitations on activities. This policy is not proposed as part of the draft LCP. 290 17.Planning Area M Planning Area M has a land use designation of O-S. This area shall be developed as a private Community Recreation Center and will be located adjacent to Avenida Encinas between Planning Areas A-1 and B-1. The Recreational Facility Center has a gross acreage of 2 acres and a net acreage of 2 acres. This facility will be available to all homeowners within the Poinsettia Shores Master Plan area, except as outlined in the Poinsettia Shores Master Plan within the development standards of Planning Area M. THE ABOVE LAND USE CATEGORIES REFLECT THE PLANNING AREAS WITHIN THE POINSETTIA SHORES MASTER PLAN. THE FOLLOWING LAND USE CATEGORY COVERS THOSE AREAS OUTSIDE THE POINSETTIA SHORES MASTER PLAN. The LCP Land Use map designates the site as OS consistent with this policy. This policy has been implemented; the site has been developed consistent with the policy. This policy is not proposed as part of the draft LCP. 291 18.West Batiquitos Lagoon Public Resources Code Section 30233(c) identifies Batiquitos Lagoon as one of 19 priority wetlands and limits the types of uses and activity that may occur there. This area is Open Space (O-S) in order to preserve the function of the lagoon and the immediately adjacent uplands as a viable wetland ecosystem and habitat for resident and migratory wildlife. Uses shall be limited to activities related to habitat enhancement, educational and scientific nature study, passive recreation which will have no significant adverse impacts on habitat values, and aquaculture having no significant adverse effect on natural processes or scenic quality. State law and the OS land use designation adequately address the uses permitted in and near the lagoon. The policies of draft LCP Chapter 6 adequately address the protection of the lagoon habitat and water quality. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 164 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 292 B.Agricultural Lands (approximately 100 acres originally identified as non-prime, of which 60 remain) Non-prime agricultural lands identified during the review of the Batiquitos Lagoon Educational Park Plan are shown on Map C. Of the original 100 acres, 60 acres remain undeveloped. Forty acres have been converted to urban uses in accordance with the provisions of the West Batiquitos Lagoon/Sammis Properties Local Coastal Program and the Batiquitos Lagoon Educational Park Master Plan. An agricultural conversion mitigation fee of $5,000/acre was set by the California Coastal Commission with approval of the project. At the same time, the State Coastal Commission agreed to accept a bond and recorded deed restriction securing the balance of payment due for conversion of the remaining 60 acres of agricultural land. In September of 1986, $200,000 was paid by the property owner to the State Coastal Conservancy for conversion of 40 acres to urban uses in accordance with the project conditions. The remaining 60 acres of land may be converted to urban uses as specified in this plan and the Poinsettia Shores Master Plan, upon the payment of an agricultural conversion mitigation fee. This fee implements Public Resources Code Section 30171.5. Unconverted agricultural land may be used for purposes specified in the Carlsbad E-A zone, Carlsbad Municipal Code, 21.07, or the Coastal Agricultural zone if adopted pursuant to the “Mello II” segment of the Carlsbad LCP as amended. Agricultural Conversion Mitigation Fee: Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural conversion fee which shall mitigate the loss of agricultural resources by preserving or enhancing other important coastal resources. The amount of the fee shall be determined by the City Council at the time it considers the proposal for development and shall reflect the per acre cost of preserving prime agricultural land pursuant to Option 1 of the “Mello II” portion of the Carlsbad LCP, as amended, but shall not be less than $5,000 nor more than $10,000 per acre. All mitigation fees collected under this section shall be deposited in the State Coastal Conservancy Fund and shall be expended by the State Coastal Conservancy in the following order of priority: 1.Restoration of natural resources and wildlife habitat in Batiquitos Lagoon; 2.Development of an interpretive center at Buena Vista Lagoon; 3.Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad; 4.Purchase of agricultural lands for continued agricultural production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council; 5.Agricultural improvements which will aid in continuation of agricultural production within the Carlsbad Coastal Zone, as determined by the Carlsbad City Council. NOTE: The fee for the remaining 60 acres of non-prime agricultural land within the Poinsettia Shores Master Plan was set with the approval of the Batiquitos Lagoon Educational Park Master Plan at $5,000 per acre. The previous agricultural land referred to in this policy has been converted to other uses. This policy is no longer relevant and is not part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 165 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 293 C. Grading and Erosion Control a. Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impractical.) b. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream drainage facilities or to produce erosive velocities and appropriate measures shall be taken on and/or off the site to prevent the siltation of the Batiquitos Lagoon and other environmentally sensitive areas. c. All graded areas shall be hydroseeded prior to October 1st with either temporary or permanent materials. Landscaping shall be maintained and replanted if not established by December 1st. d. Grading plans shall indicate staking or fencing of open space areas during construction and shall specifically prohibit running or parking earth-moving equipment, stockpiling or earthwork material, or other disturbances within the open space areas. e. Any necessary temporary or permanent erosion control devices required for the development of a specific planning area, such as desilting basins, shall be developed and installed prior to any on, or off, site grading activities within the specific planning area requiring the mitigation, or, concurrent with the grading, provided all devices required for that planning area are installed and operating prior to October 1st, and installation is assured through bonding or other acceptable means. f. The developer must provide for the long-term maintenance of drainage improvements and erosion control devices. g. Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate. h. Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. i. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. a. Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. b - f. Draft LCP policies LCP-6-P.13 through LCP-6-P.29 ensure protection of water quality throughout the coastal zone and reflect current regional and California Coastal Commission water quality protection requirements. g. Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. h. Proposed to be replaced by draft policies LCP-6-P.18, LCP- 6-P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. i. Proposed to be replaced by draft policies LCP-6-P.16, LCP- 6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 166 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 294 C. Grading and Erosion Control … j.Development projects should be designed to comply with the following site design principles: 1.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. 2.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. 3.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. 4.Provide development-free buffer zones for natural water bodies. 5. Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. 6. Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. 7.Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. 8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. 9. Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. 10.Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. j.(1)(3). Proposed to be replaced by draft policies LCP-6-P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. j.(2). This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. j.(4). Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. j.(5)(6). Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. j.(7)(8). These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP- 6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. j.(9). Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. j.(10). Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 167 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 295 C. Grading and Erosion Control … k. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and in the SUSMP. l. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. m. Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and draining directly to” that are found in the SUSMP. n. The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. o. The City will encourage and support public outreach and education regarding the potential water quality impacts of development. p. Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. q. Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. k. Proposed to be replaced by draft policies LCP- 6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. l. Proposed to be replaced by draft policy LCP-6- P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. m. The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. n. Proposed to be replaced by draft policy LCP-6- P.22, which reflects the California Coastal Commission Model Water Quality Policies. o. Proposed to be replaced by draft policy LCP-6- P.29 p. Proposed to be replaced by draft policy LCP-6- P.23, which reflects the California Coastal Commission Model Water Quality Policies. q. Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 168 296 C. Grading and Erosion Control … r.Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. s.Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. t.The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: a.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible or impractical.) b.Addition of new development categories as Priority Projects. c.Addition of new coastal waters to the map of Environmentally Sensitive Areas. d.Reductions in the area of impervious surfaces used to designate a specific category of Priority Projects. u.Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LPC amendment for the changes. NOTE: The Poinsettia Shores Master Plan provides additional specific standards which relate to grading - see standards for individual planning areas and the Master Plan Grading and Earthwork Chapter. r.Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). s. This policy is proposed to be replaced by draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6- P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” t and u. Proposed to be replaced by draft policy LCP-6-P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 169 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 297 D. Landscaping In order to guard against introduction of any species which are inherently noxious to, or incompatible with, the adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used to the maximum extent feasible. Landscaping adjacent to structures should provide an effective screen of urban development. Note: The Poinsettia Shores Master Plan provides additional specific standards which relate to landscaping - see standards for individual planning areas and the Master Plan Theme Elements Chapter. This existing policy is proposed to be replaced with the draft LCP policy LCP-6-P.3. HMP Section F.3.C adequately addresses this existing policy. 298 E. Environmentally Sensitive Habitats The environmentally sensitive habitats located on the affected area (i.e., wetlands and bluff slopes) shall be preserved as open space. These sensitive areas are protected from any significant disruption through fee dedication of wetland areas and recordation of open space easements. The dedication of the designated wetland areas has been completed and accepted by the California Coastal Conservancy. Recordation of several open space easements has occurred with the existing development along the blufftop in the area identified as Planning Area J. Recordation of additional open space easements along the bluff and railroad right-of-way shall occur upon recordation of the final maps for Planning Areas A-3 and A-4, G and H. Furthermore, development on the blufftops shall maintain setbacks as identified in the Poinsettia Shore Master Plan from the bluff edges to prevent possible impacts on adjacent environmentally sensitive habitats. No grading or manufactured slopes associated with the adjacent private residential developments shall occur within the public open space and setback areas. Any future restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent with a Batiquitos Lagoon Enhancement Plan. The Batiquitos Lagoon Enhancement Plan has been adopted by the City of Carlsbad and certified by the California Coastal Commission. This plan is currently included as an attachment to the Carlsbad Local Coastal Program. Any other lagoon enhancement plans must also be approved by the City of Carlsbad and certified by the California Coastal Commission in conformance with the California Coastal Act. This policy is not proposed as part of the draft LCP. Draft LCP policy LCP-6-P.3 adequately addresses the objective of this policy. As this existing policy states, the sensitive wetland and bluff slopes are protected as open space. The HMP provides further assurance that the sensitive habitat will remain protected. Regarding OS easements and bluff top setbacks, all areas have developed consistent with this policy, except for areas G & H (area F is not subject to the easement/blufftop setback requirement of this policy). Areas G & H are subject to the HMP and OS requirements of the master plan, both of which are part of the LCP. It is not necessary to retain a policy requiring OS easements – in addition to the HMP and master plan. Regarding the Batiquitos Lagoon Enhancement Plan, the plan has been implemented and completed. The plan is no longer relevant to current or future activities. Draft LCP policy LCP-6-P.10 addresses ongoing maintenance of the lagoon. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 170 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 299 F.Public Access A pedestrian walkway shall be provided along the western portion of areas G and H from approximately Avenida Encinas on the north to the San Marcos Creek Bridge on the south. The walkway shall be permanently open to use by the public. Lagoon accessways, blufftop accessways or equivalent overlook areas, and a bike path/pedestrian walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed. Each planning area containing a segment of the trail shall be conditioned to require construction and maintenance of that portion of the trail within the planning area, unless otherwise specified in the Batiquitos Lagoon Enhancement Plan. Each planning area containing a segment of the trail shall be conditioned to construct its trail segment prior to issuance of any building permits for that planning area. Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those areas as a condition of development and, prior to the issuance of any building permits for those planning areas, the trail dedications shall be accepted by the City of Carlsbad if the City agrees and it adopts a Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to the issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability shall be the responsibility of another agency designated by the City or the responsibility of the Homeowners Association. Upon acceptance of the dedication, including maintenance and liability responsibilities, and completion of the trail improvements, the trail shall be open for public use. The accessways shall not adversely impact environmentally sensitive habitats. This policy is proposed to be replaced with draft LCP policy LCP-2-P.20.C., which is consistent with the Ponto Beachfront Village Vision Plan for this area. 300 F.Public Access ... A Trail Construction Plan shall be provided for all planning areas containing public trails. The public trails alignment shall be as shown on the attached exhibit. The plan shall indicate that all trail alignments will be atop of the lagoon or railroad slopes and shall be constructed in the least environmentally-damaging manner. The public trail shall be a minimum width of ten feet measured inland from the top of the bluff edge or railroad embankment. The trail improvements shall include a minimum 5 foot wide improved accessway, fencing, trash receptacles and interpretive signage. In addition to the existing trailhead at Windrose Circle, two additional trailheads shall be provided: one at the southwest corner of Planning Area A-4 adjacent to the railroad right-of-way and one at the northwest corner of Planning Area A-3, adjacent to Avenida Encinas. These trailheads shall include appropriate directional signage and identification. The plan shall also include construction specifications, maintenance standards, and specify what party(ies) shall assume maintenance and liability responsibilities. This policy is outdated and is not proposed as part of the draft LCP. See comments above. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 171 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES WEST BATIQUITOS LAGOON/SAMMIS PROPERTIES SEGMENT 301 F. Public Access ... The public facilities and improvements specified by the Poinsettia Shores Master Plan shall be provided by the developer - see the Public Facilities and Open Space Chapters of the Master Plan. This policy is not proposed as part of the draft LCP. The area east of the railroad has been developed per the public facility and open space requirements of the master plan. For the area west of the railroad, draft LCP policy LCP-2-P.20 requires development to comply with the requirements of Poinsettia Shores Master Plan. 302 G. Archaeology A program of preservation and/or impact mitigation regarding archaeological sites located on the affected area shall be completed prior to any development. This policy is proposed to be replaced with LCP-5-P.13 through LCP-5-P.18 303 H. State Lands Commission Review Prior to issuance of a coastal development permit, the permittee shall obtain a written determination from the State Lands Commission that: 1. No State Lands are involved in the development, or 2. State Lands are involved in the development and all permits required by the State Lands Commission have been obtained, or 3. State Lands may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. This policy is outdated and is not proposed as part of the draft LCP. The state has sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways. On tidal waterways, the state’s ownership extends landward to the mean high tide line. All state sovereign ownership lands around Batiquitos Lagoon are designated as Open Space and are not developable. 304 I. Master Plan Approval The Poinsettia Shores Master Plan as adopted by the Carlsbad City Council Ordinance No. NS- 266 and certified by the California Coastal Commission is approved as the Implementing Ordinance for this Local Coastal Land Use Plan. Upon final certification by the California Coastal Commission, this portion of the Carlsbad Local Coastal Program shall be deemed certified. This policy is outdated. The Coastal Commission certified the Poinsettia Shores Master Plan in 1994. Draft LCP Chapter 1 identifies Poinsettia Shores Master Plan as part of the LCP Implementation Plan. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 172 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 305 1. LAND USE CATEGORIES Sub-areas (see map in back of document) (1)North Shore Batiquitos Lagoon (outside the wetland boundary). All non-agricultural land use and development is subject to the provisions of the Pacific Rim Master Plan as adopted by Carlsbad City Council and as approved or modified by the California Coastal Commission. No development inconsistent with the Master Plan shall be permitted. To the extent that there are inconsistencies between the Master Plan and this LCP the most restrictive requirements shall prevail. It is understood that Sub-Area No. 1 is part of a larger holding on the north shore owned by Hunt Properties or its successors in interest. These other contiguous properties are included in the Mello I and Mello II segments of the Carlsbad LCP. All contiguous north shore properties including the lagoon which are owned by Hunt Properties or its successors shall be the subject of a single master plan. (a)Land Uses Permitted Pursuant to a Master Plan Unless otherwise noted herein, uses permitted by the Master Plan shall be consistent with those allowed by the Carlsbad General Plan as adopted as of March 1, 1988. In general, the Master Plan and Carlsbad General Plan allow for a combination of residential, commercial, and open space uses. Specifically, the uses shall be as follows: 1)Residential - the Mesa (Planning Area 30) shall be designated Residential Medium Density (RM 4-8 du/ac) but constraints to development permit a maximum of 135 du. All other residential areas subject to this LCP segment are designated Residential Low-Medium density (RLM 0-4 du/ac). 2)Commercial - Portions of Planning Areas 10 and 11 that are subject to this plan are designated Recreation Commercial (RC). In addition to the uses permitted under this designation, other uses may include restaurants. 3)Open Space - Portions of Planning Area 1, 1A, and 1B are designated Open Space (OS). In addition to uses permitted under this designation, other uses may include public and/or private golf course plus accessory uses such as clubhouse facilities. Uses in this open space area shall be designated so that there will be no significant adverse impacts on environmentally sensitive habitats. Also designated for open space is the lagoon wetland and a buffer (transition habitat Planning Areas 31A and 31B). The only uses allowed within the wetland shall be consistent with Section 30233 (Public Resources Code - See discussion in Policy C-1 below). The only uses allowed within the wetland buffer is lateral public access trail system, including signing and fencing as required consistent with the Batiquitos Lagoon Enhancement Plan prepared by the California Coastal Conservancy and/or as approved by the Coastal Commission in Coastal Development Permit No. 6-87-680. The trail shall be designed so as to, maintain and preserve sensitive wetland areas from disturbance, encroachment, human or domestic pet interference. The area is subject to the Aviara Master Plan and has developed consistent with the master plan. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 173 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 306 1. LAND USE CATEGORIES … (2) Batiquitos Lagoon The lagoon wetland area as determined by California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (FWS) is designated Open Space (OS) with a Special Treatment Area Overlay. The general boundaries are shown on Exhibit . The precise wetland boundaries as determined by the above agencies are depicted on a map on file in the Carlsbad Planning Department. … This policy is not proposed as part of the draft LCP. The LCP Land Use map designates the site as OS consistent with this policy. The city defers to the State for the boundaries of the lagoon wetland. 307 1. LAND USE CATEGORIES … (3) Green Valley (approximately 280 acres) The area south of La Costa Avenue and west of El Camino Real is designated for a combination of uses as follows: (a) Riparian corridor of Encinitas Creek (approximately 40 acres) designated Open Space (OS) with a Special Treatment Overlay. 1) Steep Slopes - Slopes 40% or greater are designated Open Space (OS) and constrained from development. Slopes 25% to 40% may also be constrained from development. (See Grading Section.) (b) Upland (approximately 240 acres) is designated for a combination of Residential (Medium High Density - RMH - 9-15 du/ac), Commercial (C), and Office (O) uses. The maximum height of new development shall be limited to 35 feet consistent with the Carlsbad Municipal Code. Additionally, the intensity of development shall be compatible with the currently planned road capacities of La Costa Avenue and El Camino Real. Approval of these land uses shall not be considered precedent for increasing the road capacity of these two corridors. Development of the entire 280 acres of Green Valley shall be pursuant to a Master Plan which is consistent with the uses allowed by the Carlsbad General Plan adopted as of March 1, 1988. The area is subject to the Green Valley Master Plan and is designated by the LCP land use map as OS, residential and commercial, consistent with this policy. This policy is not proposed as part of the draft LCP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 174 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 308 2.AGRICULTURE/PLANNED DEVELOPMENT Prior to the approval (by Carlsbad and the Coastal Commission or its successor) of a master plan for either Sub-area No. 1 (Northshore) or Sub-area No. 3 (Green Valley) the uses permitted on either Sub- area shall be consistent with those allowed by the Mello II LCP Segment Policy 2-1C (Permitted Uses on Agricultural Lands). Conversion of these non-prime agricultural lands to urban uses pursuant to the approved master plan(s) shall be consistent with the Coastal Act Section 30171.5 (Public Resources Code) which requires a mitigation fee. Development pursuant to the approved master plan(s) shall be consistent with the provisions of the Carlsbad Planned Community Zone with the additional requirement that all development as defined by the Coastal Act shall require approval of a Coastal Development Permit. The agricultural land referred to in this policy has been converted to other uses. This policy is no longer relevant. 309 3. Environmentally Sensitive Habitats The environmentally sensitive habitats (wetlands, riparian areas, and areas greater than 25% slope) shall be preserved as open space with the following additional requirements: (1) Batiquitos Lagoon Special Treatment Overlay - The wetlands as defined and determined by CDFG and FWS shall be constrained from development. Pursuant to Section 30233(C) (Public Resources Code) any alteration of the wetlands shall be limited to minor incidental public facilities, restorative measures, and nature studies. Furthermore, any alteration of the wetlands must be approved by the City of Carlsbad and the Coastal Commission. The latter because it will retain Coastal Development Permit jurisdiction. In addition, any wetland alteration will require federal approval through an Army Corps of Engineers (COE) permit. 2) Wetlands Buffer - The lagoon Special Treatment Overlay shall include a buffer area outside the wetlands boundary as mapped by CDFG and FWS. The buffer shall be of sufficient width (minimum 100 feet unless approved by the Coastal Commission or its successor as part of a Coastal Development Permit) so as to provide a transition habitat as well as provide a protective area to reduce possible disruptive impacts to the lagoon's wildlife and habitats. No development shall occur within the wetlands buffer except for the lateral public access trail described in Policy A1C above. … Draft policies LCP-6-P.3 and LCP-6-P.8 replace this policy. This existing policy predates the HMP. City staff is not able to find records that specify what the “special treatment area overlay” is. It may be the description provided in this policy. In any event, the HMP is the document that guides protection of the lagoon wetland. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 175 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 310 3. Environmentally Sensitive Habitats … (3) Green Valley Riparian Corridor - The riparian corridor (approximately 40 acres) shall be constrained from all development. In addition, a 50 foot wide buffer area shall be preserved in open space upland of the boundaries of the riparian corridor. Unless otherwise specified herein, development within the buffer area shall be limited to the construction of a pedestrian path with fencing and other improvements deemed necessary to protect the riparian habitat in the upper (upland) half of the buffer area. Any alteration of the riparian corridor shall be limited to the following and shall require Carlsbad approval, a Coastal Development Permit, Stream Alteration Agreement, and COEP permit: (a) Access - A maximum of two (2) crossings shall be permitted to provide access to the developable portions of Green Valley. The access crossings shall be designed to minimize adverse impacts to the habitat value of the riparian corridor and shall be mitigated by the creation of and maintenance of new riparian habitat at a ratio of 3 square feet of new riparian area for each 1 square foot of disturbance associated with construction of the accessways. All mitigation required shall be located onsite and contiguous with the existing riparian corridor. b) Flood and sediment control projects - shall be allowed adjacent to the riparian corridor provided such projects do not involve any removal of riparian habitat or diversion of non- flood water flows upon which the habitat is dependent provided there are no less environmentally damaging feasible alternatives and/or public health, safety, and welfare or protection of the lagoon is found to be a mutually exclusive higher priority. This policy predates the HMP and is proposed to be replaced with draft LCP policies LCP-6-P.3 and LCP 6-P.11. The requirements of the HMP adequately replace the buffer and habitat protection provisions of the first paragraph and subsection (b) of the existing policy. Draft policy LCP-6- P.11 addresses the access crossings in subsection (a). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 176 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 311 3. Environmentally Sensitive Habitats … (4)Steep Slopes - Slopes 40% or greater shall be constrained from development. Slopes 25% to 40% may be constrained from development. (See Grading and Erosion Control below.) The above environmentally sensitive areas shall be protected from any significant disruptive impacts through fee dedication of the wetlands and recordation of open space easements over the lagoon buffer and riparian corridor and recordation of open space deed restrictions over the riparian corridor buffer and constrained steep slopes. For the wetlands of Batiquitos Lagoon and the upland 100 foot wide buffer area and designated steep slope areas constrained from development north of the lagoon, recordation of such open space easements and recordation of open space deed restrictions shall be required as conditions of approval of the Pacific Rim Master Plan. For the environmentally sensitive areas of Green Valley, recordation of an open space easement over the riparian corridor and recordations of open space deed restrictions over the riparian buffer area and steep slope areas constrained from development shall be required as conditions of development at the time of review of the required Master Plan for the area under the coastal development permit process. This policy predates the HMP and is proposed to be replaced with draft LCP policy LCP-6-P.3. The requirements of the HMP adequately replace the OS easement requirements (most of which have been recorded in this segment). 312 4. Grading, Drainage and Erosion Control (1)Batiquitos Lagoon is the primary coastal resource within the subject area and warrants stringent controls on upstream development activities. Downstream impacts of possible erosion and sedimentation due to development must be limited to insignificant levels. Many slope areas on the property contain sensitive vegetation and support a variety of wildlife species. Slope areas also pose possible geologic hazards and require close development review. (2)Any development proposal that affects slopes 25% inclination or greater, shall be required to prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared during the CEQA environmental review on a project-by-project as is and shall be required as a condition of a coastal development permit. … 1) Proposed to be replaced with updated policies that protect water quality (policies LCP-6-P.13 to P.29), habitat (policies LCP-6- P.1 to P.12), and address geologic hazards (policies LCP-7-P.45 to P.54). ii.Proposed to be replaced with draft policy LCP-7-P.46. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 177 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 313 4. Grading, Drainage and Erosion Control … (3)Under the Master Plan requirements, any development shall conform to the following additional standards: (a)For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage Scrub and Chaparral plant communities, the following shall apply: 1)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 25% grade, 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. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. 2)No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 20% of the total site area. 3)Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. 3)(a) and (b) Proposed to be replaced with draft LCP policies LCP-6-P.3, LCP-7-P.46 and LCP-7-P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 178 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 314 4. Grading, Drainage and Erosion Control … (3) Under the Master Plan requirements, any development shall conform to the following additional standards: … (b) For all other 25% and over slope areas, the City Council may allow exceptions to the above grading provisions provided the following mandatory findings to allow exceptions are made: 1) A soils investigation conducted by a licensed soils engineer has determined the subject slope area to be stable and grading and development impacts mitigable for at least 75 years, or life of structure. 2) Grading of the slope is essential to the development intent and design. 3) Slope disturbance will not result in substantial damage or alteration to major wildlife habitat or native vegetation areas. 4) If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10 acres, no more than one third of the total steep slope area shall be subject to major grade changes. 5) If the area proposed to be disturbed is predominated by steep slopes and is less than 10 acres, complete grading may be allowed only if no interruption of significant wildlife corridors occurs. 6) Because north-facing slopes are generally more prone to stability problems and in many cases contain more extensive natural vegetation, no grading or removal of vegetation from these areas will be permitted unless all environmental impacts have been mitigated. Overriding circumstances are not considered adequate mitigation. (c) Drainage and runoff shall be controlled so as not to exceed at any time the rate associated with property in its present state, and appropriate measures shall be taken on and/or offsite to prevent siltation of lagoons and other environmentally sensitive areas. (d) The appropriate erosion control measures shall be installed prior to onsite grading. (e) All undeveloped slopes shall be placed in open space easements as a condition of development. 3)(a) and (b) Proposed to be replaced with draft LCP policies LCP-6-P.3, LCP-7-P.46 and LCP-7-P.48 to 51. LCP-P-6.3 requires compliance with the HMP; HMP section F addresses erosion control measures to protect habitat. Policies LCP-7-P.46 and LCP-7-P.48 to 51 address development restrictions on steep slopes. 3)(c) and (d) Proposed to be replaced with draft LCP policies LCP-6-P.2, and LCP-6-P.15 through LCP-P.6- 26, which address runoff and reflect current regional and California Coastal Commission water quality protection requirements. 3)(e) This policy is proposed to be replaced with draft LCP policy LCP-7- P.49.C. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 179 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 315 4. Grading, Drainage and Erosion Control … (3)Under the Master Plan requirements, any development shall conform to the following additional standards: … (f)Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria: 1)Submittal of a runoff control plan designated by a licensed engineer qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate from the developed site over the greatest discharge expected from the existing undeveloped site as a result of a 10-year frequency storm. Runoff control shall be accomplished by a variety of measures, including, but not limited to, onsite catchment basins, detention basins, siltation traps, and energy dissipators and shall not be concentrated in one area or a few locations. 2)Detailed maintenance arrangements and various alternatives for providing the ongoing repair and maintenance of any approved drainage and erosion control facilities. 3)All permanent runoff and erosion control devices shall be developed and installed prior to or concurrent with any onsite grading activities. 4)All areas disturbed by grading, but not completed during the construction period, including graded pads, shall be planted and stabilized prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control measures and native vegetation. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins, and silt traps shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said plantings shall be accomplished under the supervision of a licensed landscape architect and shall consist of seeding, mulching, fertilization, and irrigation adequate to provide 90% coverage within 90 days. Planting shall be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles. 5)All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference. Development must also comply with the requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that these requirements are not inconsistent with any policies of the LCP. 3)(f)(1)to(4) Proposed to be replaced by draft policies LCP-6-P.15 through LCP-P.6- 26, which address runoff and reflect current regional and California Coastal Commission water quality protection requirements. 3)(f)(5) Proposed to be replaced by draft policies LCP-6-P.15 and LCP-6-P.16. Note that the SUSMP and the San Diego County Hydrology Manual have been replaced by the city’s Engineering Standards Volume’s 4 & 5 (construction and post-construction BMPs). HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 180 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 316 4. Grading, Drainage and Erosion Control … (3)Under the Master Plan requirements, any development shall conform to the following additional standards: … (f)Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria: 6)Prior to making land use decisions, the City shall utilize methods available to estimate increases in pollutant loads and flows resulting from proposed future development. The City shall require developments to incorporate structural and non-structural best management practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any increase in peak runoff rate. 7)Water pollution prevention methods shall be implemented to the maximum extent practicable, and supplemented by pollutant source controls and treatment. Small collection strategies located at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system (MS4) shall be utilized. 8)Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an exceedance of receiving water quality objectives or which have not been reduced to the maximum extent practicable. 9)Development projects should be designed to comply with the following site design principles: a.Protect slopes and channels to decrease the potential for slopes and/or channels from eroding and impacting storm water runoff. b.To the extent practicable, cluster development on the least environmentally sensitive portions of a site while leaving the remaining land in a natural undisturbed condition. c.Preserve, and where possible, create or restore areas that provide important water quality benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such areas shall be encouraged. d.Provide development-free buffer zones for natural water bodies. 3)(f)(6) Proposed to be replaced by draft policies LCP-6-P.17 and LCP- 6-P.18, which reflect the California Coastal Commission Model Water Quality Policies. 3)(f)(7) Proposed to be replaced by draft policies LCP-6-P.18, LCP-6- P.19 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. 3)(f)(8) Proposed to be replaced by draft policies LCP-6-P.16, LCP-6- P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. 3)(f)(9)a. and c. Proposed to be replaced by draft policies LCP-6- P.17 and LCP-6-P.19, which reflect the California Coastal Commission Model Water Quality Policies. 3)(f)(9)b. This policy is related more to protection of natural habitat. Draft LCP policies LCP-6-P.1, LCP-6- P.2 and LCP-6-P.3 address this. Clustering of development is also referenced in the HMP discussion section of draft LCP Section 6.2. 3)(f)(9)d. Buffers around wetlands are addressed by draft LCP policies LCP-6-P.1, LCP-6-P.2 and LCP-6-P.3, which require compliance with the HMP. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 181 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 317 4. Grading, Drainage and Erosion Control … (3) Under the Master Plan requirements, any development shall conform to the following additional standards: … (f) Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria: … 9) Development projects should be designed to comply with the following site design principles: … e. Minimize the amount of impervious surfaces and directly connected impervious surfaces in areas of new development and redevelopment. f. Where feasible implement site design/landscape features to slow runoff and maximize on-site infiltration of runoff. g. Properly design outdoor material storage areas (including the use of roof or awning covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids and other pollutants from entering the storm water conveyance system. h. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of trash and other pollutants from entering the storm water conveyance system. i. Limit disturbances of natural water bodies and natural drainage systems caused by development including roads, highways and bridges. j. Design streets and circulation systems to reduce pollutants associated with vehicles and traffic resulting from development. 10) Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water Quality Technical Report as specified in the NPDES permit and SUSMP. 3)(f)(9)e. and f. Proposed to be replaced by draft policy LCP-6-P.19, which reflects the California Coastal Commission Model Water Quality Policies. 3)(f)(9)g. and h. These policies are proposed to be replaced with draft LCP policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6-P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with SWPPP and BMP manuals, which require protection of outdoor storage and trash areas from rainfall, run-on, runoff, and wind. 3)(f)(9)i. Proposed to be replaced by draft policies LCP-6-P.19 and LCP-6-P.20, which reflect the California Coastal Commission Model Water Quality Policies. 3)(f)(9)j. Proposed to be replaced by draft policy LCP-6-P.19 and require compliance with the city’s BMP manual (draft policy LCP-6-P.15). Draft policy LCP-6-P.19 requires development to minimize installation of impervious surfaces; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires streets, sidewalks and parking lot isles be designed to the minimum width necessary, and to reduce or eliminate curb and gutters to allow roadway runoff to drain to adjacent pervious areas. 3)(f)(10) Proposed to be replaced by draft policies LCP-6-P.18 and LCP-6-P.25, which reflect the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 182 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 318 4. Grading, Drainage and Erosion Control … (3)Under the Master Plan requirements, any development shall conform to the following additional standards: … (f)Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria: … 11)Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and designed to meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th percentile 24-hour storm event. 12)Priority projects will include projects increasing impervious area by more than 2,500 square feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of “adjacent to” and “draining directly to” that are found in the SUSMP. 13)The City shall include requirements in all coastal development permit approvals to inspect and maintain required BMPs for the life of the project. 14)The City will encourage and support public outreach and education regarding the potential water quality impacts of development. 15)Development shall minimize land disturbance activities during construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible. 16)Projects within 200 feet of the Pacific Ocean shall be dealt with as “Projects Discharging to Receiving Waters within Environmentally Sensitive Areas” as defined in Appendix I of the SUSMP, including being treated as a priority project if they create more than 2,500 square feet of impermeable surface or increase the impermeable surface on the property by more than 10%. 3)(f)(11) Proposed to be replaced by draft policy LCP-6-P.25, which reflects the California Coastal Commission Model Water Quality Policies. The SUSMP has been replaced by the city’s BMP manuals. 3)(f)(12) The city’s BMP manuals, which have replaced the SUSMP, refer to the city’s MS4 permit for the list of priority projects. Draft LCP Table 6-2 incorporates the list of priority projects into the draft LCP. This policy is proposed to be replaced with the definition in draft LCP Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit. Draft LCP Table 6-2 is referenced in draft policy LCP-6-P.25. 3)(f)(13) Proposed to be replaced by draft policy LCP-6-P.22, which reflects the California Coastal Commission Model Water Quality Policies. 3)(f)(14) Proposed to be replaced by draft policy LCP-6-P.29 3)(f)(15) Proposed to be replaced by draft policy LCP-6-P.23, which reflects the California Coastal Commission Model Water Quality Policies. 3)(f)(16) Proposed to be replaced by draft LCP Table 6-2 and draft policy LCP-6-P.25. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 183 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 319 4. Grading, Drainage and Erosion Control … (3)Under the Master Plan requirements, any development shall conform to the following additional standards: … (f)Mitigation measures tailored to project impacts and consistent with the control of cumulative development shall be implemented prior to development in accordance with the following additional criteria: … 17)Although residential developments of less than 10 units, including single family residences, are generally exempt from the SUSMP priority project requirements, they shall meet those requirements, including achievement of the numerical sizing standard, if they are in, within 200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer showing that as the project is designed they are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent practicable. 18)Detached residential homes shall be required to use efficient irrigation systems and landscape designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas. 19)The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated April 2003 without an LCP amendment: a.Addition of new Best Management Practices (BMPs) found to be more protective of water quality than current BMPs or removal of BMPs found to be ineffective. (This does not include removal of BMPs or categories of BMPs on the basis that the City finds them to be feasible or impractical.) b.Addition of new development categories as Priority Projects. c.Addition of new coastal waters to the map of Environmentally Sensitive Areas. d.Reduction in the area of impervious surfaces used to designate a specific category of Priority Projects. 20)Any minor changes made pursuant to the above list shall be accompanied by a finding that the changes will improve and better protect coastal water quality. The City Engineer or Planning Director shall notify the Executive Director in writing of any of the above listed changes. For any changes not included in the above list, the City shall contact the Executive Director to determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP amendment for the changes. 3)(f)(17) Proposed to be replaced by draft policies draft LCP Table 6-2 and draft policies LCP-6-P.20, and LCP-6-P.25. See the definition in draft Table 6-2 (row 5), which is consistent with current regional requirements per the MS4 permit (i.e., residential projects that increase impervious area by 2500 sq ft or more, and are within 200 feet of an ESA, and discharge directly to an ESA, are PDPs). 3)(f)(18) This policy is proposed to be replaced draft policy LCP-6-P.16 and require compliance with the city’s BMP manuals (draft policy LCP-6-P.15). Draft policy LCP-6- P.16 requires development be designed to minimize transport of pollutants; draft policy LCP-6-P.15 requires compliance with the city’s BMP manual, which requires all development projects “to select a landscape design and plant palette that minimizes required resources (irrigation, fertilizers and pesticides) and pollutants generated from landscape areas.” 3)(f)(19) and (20) Proposed to be replaced by draft policy LCP-6- P.27. SUSMP is now replaced by the city’s Engineering Standards Volumes 4 and 5. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 184 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 320 5. Landscaping In order to guard against introduction of any species which are inherently noxious to or incompatible with adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used in areas of proximity to the wetland, to the maximum extent feasible. Landscaping adjacent to structures should provide an effective screen of urban development. This existing policy is proposed to be replaced with draft LCP policy LCP-6- P.3. HMP Section F.3.C adequately addresses this existing policy. 321 6.SCENIC AND VISUAL QUALITIES The scenic and visual qualities of the area are of great value to the region. Again, the focal point for these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are important resources. Many of the requirements previously established by this document address visual quality components, such as: -setbacks; -preservation of slope areas; -preservation of lagoon and riparian habitats; -enhancement of the lagoon environments; and -controlled grading. (1)In addition to these provisions, the following shall be provided to further address the important scenic and visual character of the area: (a)La Costa Avenue should be established as scenic corridor pursuant to the City of Carlsbad General Plan Scenic Highway Element. (b)Scenic corridor status shall be pursued for any public roadway to be established along a part or the entire lagoon north shore. (c)Existing, mature, healthy vegetation such as eucalyptus stands, shall be preserved where possible. (d)Offsite signing along public roadways shall be prohibited. (e)If a Master Plan is pursued for the property, the provisions of the City of Carlsbad Scenic Preservation Overlay Zone should be utilized where appropriate. (f)View points shall be established along the north and south shore areas (if and where environmentally sound and physically possible) to provide varied visual access to the lagoon. (g)View points should offer a mix of accessibility for pedestrian, bicycle, and motor vehicles. This policy is proposed to be replaced with draft LCP Figures 5-3C, which identifies La Costa Avenue as a scenic viewing area, and draft policies LCP-5- P.22 through 31. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 185 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 322 7.Public Access La Costa Avenue is designated a major arterial providing coastal access from inland areas to the east. Construction of La Costa Avenue to major arterial standards shall be designed so as to limit environmental impacts including a limit of maximum of four traffic lanes, with a median, and pedestrian walkways/sidewalks on only the south side of the roadway. Any road construction that involves wetlands impacts shall require a coastal development permit issued by the Coastal Commission. Wetlands impact mitigation shall be a condition of the permit. … This policy is outdated and is not proposed as part of the draft LCP. La Costa Avenue has been constructed. Policies regarding resource protection are provided in draft LCP Chapter 6. 323 7.Public Access … A public access trail system along the north shore of Batiquitos Lagoon with adequate trailhead public parking areas shall be required as a condition of approval for any development along the north shore pursuant to the Pacific Rim Master Plan. The trail shall be conveyed to an appropriate agency or non-profit organization (subject to Carlsbad approval) through a recorded public access easement. … This policy is outdated and is not proposed as part of the draft LCP. The Aviara master plan (formerly Pacific Rim) has been developed and a trail constructed per this policy and the master plan along the north shore of the lagoon. 324 7.Public Access … Public access along the south shore shall be provided as part of La Costa Avenue improvements. Access shall include but not be limited to a pedestrian walkway and bicycle lane along the entire south shore length covered by this LCP segment. … This policy is outdated and is not proposed as part of the draft LCP. A pedestrian walkway and bicycle lane exist along the entire south shore of the lagoon within Carlsbad’s jurisdiction. 325 7.Public Access … Lagoon accessways and overlook areas along the north shore shall be provided. The responsibility for construction and maintenance of such facilities shall be with the developer as a condition of any permit approval unless otherwise specified in the Batiquitos Lagoon Enhancement Plan (on file with the City of Carlsbad) and/or as approved by the Coastal Commission in Coastal Development Permit No. 6-87-680. Such accessways shall be preserved for public use by requiring appropriate offers of entitlement of those areas as a condition of the implementation of the Batiquitos Lagoon Enhancement Plan. The accessways shall not adversely impact environmentally sensitive habitats. This policy is outdated and is not proposed as part of the draft LCP. The area on the north shore within this segment has been developed and lagoon access and overlooks have been constructed. Draft LCP Chapter 4 provides policies related to provision and protection of ocean and lagoon accessways. HOW THE EXISTING CITY OF CARLSBAD LOCAL COASTAL PROGRAM (LCP) POLICIES ARE ADDRESSED IN THE DRAFT LOCAL COASTAL PROGRAM UPDATE ATTACHMENT 4 – Page 186 Row EXISTING LCP POLICIES HOW DRAFT LCP ADDRESSES EXISTING LCP POLICIES EAST BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENT 326 8.STATE LANDS COMMISSION REVIEW (1)Prior to issuance of a coastal development permit, permittee shall obtain a written determination from the State Lands Commission that: (a)No State lands are involved in the development, or (b)State lands are involved in the development and all permits required by the State Lands Commission have been obtained, or (c)State land may be involved in the development, but pending a final determination an agreement has been made with the State Lands Commission for the project to proceed without prejudice to that determination. This policy is outdated and is not proposed as part of the draft LCP. The state has sovereign ownership of all tidelands and submerged lands and beds of navigable lakes and waterways. On tidal waterways, the state’s ownership extends landward to the mean high tide line. All state sovereign ownership lands around Batiquitos Lagoon are designated as Open Space and are not developable.