HomeMy WebLinkAbout2021-10-12; City Council; Resolution 2021-233RESOLUTION NO. 2021-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A COMPREHENSIVE UPDATE TO THE LOCAL
COASTAL PROGRAM LAND USE PLAN AND CHANGES TO THE LOCAL
COASTAL PROGRAM LAND USE MAP
CASE NAME: LOCAL COASTAL PROGRAM UPDATE
CASE NO.: LCPA 15-07 (DEV15061)
EXHIBIT l
WHEREAS, the City Council of the City of Carlsbad, California has determined that it is necessary
and in the public interest to update the Carlsbad Local Coastal Program Land Use Plan to ensure
consistency with the California Coastal Act, Coastal Commission guidance on Local Coastal Programs
and the Carlsbad General Plan; and
· WHEREAS, in November and December 2014, the Coastal Commission and Ocean Protection
Council awarded the City of Carlsbad two grants to conduct a sea level rise vulnerability analysis and
comprehensively update the city's Local Coastal Program; and
WHEREAS, the Local Coastal Program Land Use Plan update incorporates the Carlsbad Sea Level
Rise Vulnerability Assessment, and utilizes the assessment to inform sea level rise hazard policies; and
WHEREAS, the draft Local Coasta l Program Land Use Plan, dated September 2019 (Exhibit 7 of
the City Council Staff Report dated Oct. 12, 2021, on file in the Office of the City Clerk and incorporated
by reference), was released for public review in October 2019; and
WHEREAS, State Coastal Guidelines requires a six-week public review period for any
amendment to the Local Coastal Program and said pubic review period began October 18, 2019; and
WHEREAS, pursuant to the California Coastal 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; and
WHEREAS, the Planning Commission did on December 2, 2020, Jan. 6, 2021 and January 13,
2021 hold a duly noticed public hearing as prescribed by law to consider the Local Coastal Program
update; and
' WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 7389
recommending approval of the draft Local Coastal Program Land Use Plan dated September 2019, with
revisions identified in Exhibit A dated Oct. 12, 2021, attached hereto, and recommending approval of
a change to the Local Coastal Program Land Use Mcip, Exhibit B dated Oct. 12, 2021, attached hereto;
and
WHEREAS, said Exhibit B dated Oct. 12, 2021, attached hereto, also reflects a revision
recommended by staff as described in the City Council Staff Report dated Oct. 12, 2021, on file in the
Office of the City Clerk and incorporated by reference; and
WHEREAS, the City Council did on Oct. 12, 2021 hold a duly noticed public hearing as prescribed
by law to consider the Planning Commission's recommendation; and
WHEREAS, at said public hearing, upon hear_ing and considering all testimony and "rguments, if
any, of all persons desiring to be heard, the City Council considered all factors relating to the draft Local
Coastal Program land Use Plan (Exhibit 7 of the City Council Staff Report dated Oct. 12, 2021, on file in
the Office of the City Clerk and incorpor.ated by reference) and local Coastal Program Land Use Map
(Exhibit B dated Oct. 12, 2021, attached hereto), and the Planning Commission recommended revisions
to said draft land use plan (Exhibit A dated Oct. 12, 2021, attached hereto).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. The above recitations are true and correct.
2. The state-mandated six-week review period for the Local Coastal Program Amendment
(LCPA 07-02) started on October 19, 2019 and ended on November 29, 2019.
3. The findings of the Planning Commission made in Planning Commission Resolution No.
7389, on file in the Office of the City Clerk and incorporated by reference, are the findings of the City
Council.
4. The draft Local Coastal Program Land Use Plan dated September 2019 (Exhibit 7 of the
City Councii Staff Report dated Oct. 12, 2021, on file in the Office of the City Clerk and incorporated
by reference) is approved with revisions identified in Exh•ibit A, attached hereto.
5. The changes to the Local Coastal Program Land Use Map (Exhibit B, attached hereto)
are approved.
6. Staff is authorized to submit the following to the California Coastal Commission for
certification: the Local Coastal Program Land Use Plan and Land Use Map approved by this resolution,
and associated Local Coastal Program amendments approved by City Council Ordinance No. CS-406.
Attachment A
SEPT. 28, 2021
LCPA 15-07
REVISIONS TO DRAFT LOCAL COASTAL PROGRAM LAND USE PLAN DATED SEPTEMBER 2019
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: ALL CHAPTERS
S Correct minor formatting errors, as needed.
S Revise all figures, as needed, to reflect the correct location of the railroad.
RECOMMENDED REVISIONS: DRAFT CHAPTER 1 - INTRODUCTION
P
Revise the last paragraph of Section 1.2, as follows:
The Carlsbad 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 this Local Coastal Program Land Use Plan, while issues that are not directly relevant to the
Coastal Act are covered by the General Plan. If the policies of the General Plan conflict with the policies
of this Local Coastal Program Land Use Plan, the policies of this Local Coastal Program Land Use Plan
shall apply.
RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE
S Update Figure 2-1 Land Use Map, as necessary, to reflect any approved land use designation changes
not reflected on the draft figure.
P
Revise the description of the Cannon Road Open Space Farming and Public Use Corridor (first
paragraph on page 2-21 of draft Local Coastal Program Land Use Plan), as follows:
Following voter approval of Proposition D, the city conducted a public planning process that
occurred from November 2007 through June 2008, which resulted in the report titled
“Creating a Community Vision for the Cannon Road Agriculture and Open Space (Prop D)
Lands Final Report September 23, 2008.” This community vision was used to create City
Council adopted the Cannon Road Agricultural/ and Open Space Zone, which establishes
the permitted uses and standards for the corridor. to implement the proposition. In 2017,
the Coastal Commission approved the Cannon Road Agricultural/Open Space Zone as part
of the Local Coastal Program Implementation Plan (implementing the Open Space land use
designation). However, the Coastal Commission’s approval applied the zone only to the
area of the corridor located south of Cannon Road. To fully implement Proposition D, the
city will need to seek Coastal Commission approval to apply the Cannon Road Agricultural/
Open Space Zone to the area of the corridor located north of Cannon Road. The new zone
will become effective when the associated Local Coastal Program amendment is approved
by the California Coastal Commission.
Oct. 12, 2021 Item #7 Page 17 of 428
Page 2
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
P
Add a new “Cannon Road Open Space, Farming, and Public Use Corridor” policy (to follow draft policy
LCP-2-P.15): Seek approval from the Coastal Commission to apply the Cannon Road Agricultural/Open Space
Zone to the area of the corridor located north of Cannon Road.
PC
Revise policy LCP-2-P.16.C, as follows:
C. Redevelop the Encina Power Station site, along with the SDG&E North Coast Service Center site,
with a mix of visitor-serving commercial uses, such as retail and hotel uses, and with new
community-accessible open spaces along Agua Hedionda Lagoon and the waterfront (Carlsbad
Boulevard). Encourage community gathering spaces, outdoor dining, and other features to
maximize potential views of the ocean and the lagoon. Encourage shared parking arrangements so
that a greater proportion of development can be active space rather than parking. In the design of
future redevelopment, consider opportunities to recognize the history of the power station site,
such as a small museum, signage, and observation tower.
Oct. 12, 2021 Item #7 Page 18 of 428
Page 3
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
S
Revise draft Policy LCP-2-P.20.A, as follows:
A. Area 1, as shown on Figure 2-2C
1. Prior to development of the site, the Poinsettia Shores Master Plan shall be updated to be
consistent with this policy.
2.1. The primary use of the site is intended for general commercial uses (retail and commercial service
uses) and may include a community amenity use such as an arts/nature/activity center.
3.2. If the site is developed as a mixed-use site:
a. Residential dwellings are allowed as a secondary use at a minimum density of 15 dwelling units
per acre (based on 25 percent of developable acreage).
b. Vertical mixed-use (commercial, office and residential in the same multi-story building) –
ground floor uses shall be limited to retail and commercial service uses and upper floor uses
may include uses allowed on the ground floor, as well as office and residential uses.
c. Horizontal mixed-use (commercial, office and residential in separate buildings) – commercial
uses shall be the primary use located along primary street frontages.
4.3. A 40-foot landscape setback shall be provided along the west side of the planning area/east side of
Carlsbad Boulevard; the width of the landscape setback may be reduced due to site constraints or
protection of environmental resources. A meandering multi-use public path shall be provided
within the landscape setback.
5.4. A multi-level above and below ground parking garage may be considered along Avenida Encinas.
If a parking garage is provided, shops and services should line the first story of the garage’s north
and west sides to maintain pedestrian activity along and to the planning area.
6.5. Development of the site shall include internal public-gathering plazas and walkways that provide
pedestrian access to surrounding sites and Carlsbad Boulevard.
7. The low-lying area in the center of the site exhibits wetland characteristics. The area should be
enhanced as a wetland interpretive park with a boardwalk trail across and around the wetland
area.
a. The wetland park trail should connect the two sides of the site divided by the wetland, unless
infeasible due to site constraints or protection of environmental resources.
8. Development of the site should design for the ability to provide a pedestrian underpass below
Carlsbad Boulevard from the wetland area/boardwalk trail to the beach side of Carlsbad
Boulevard.
Oct. 12, 2021 Item #7 Page 19 of 428
Page 4
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
S
Revise draft Policy LCP-2-P.20.B, as follows:
B. Area 2, as shown on Figure 2-2C
1. Prior to development of the site, the Poinsettia Shores Master Plan shall be updated to be
consistent with this policy.
2.1. This site shall be developed with dwellings per the R-23 land use designation (15 to 23 dwellings
per acre).
3. Guest houses and accessory dwelling units shall not be permitted.
4.2. Development of the site shall include internal walkways that provide pedestrian access to
surrounding sites.
S
Revise draft Policy LCP-2-P.20.C.3, as follows:
C. Area 3, as shown on Figure 2-2C
…
3. A 40-foot landscape setback shall be provided along the west side of the planning areas/
east side of Carlsbad Boulevard; the width of the landscape setback may be reduced due to
site constraints or protection of environmental resources. A meandering multi-use public
path shall be provided within the landscape setback.
P
Revise draft policy LCP-2-P.20.D.3, as follows:
D. Area 4, as shown on Figure 2-2C …
3. The existing desilting basin may shall be maintained on the site.
RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES
P
Add the following at end of the “Public Parks, Other Recreation Facilities, and Golf Courses” section
(end of page 3-7 of draft Local Coastal Program Land Use Plan):
The southbound lanes of Carlsbad Boulevard may be realigned with a shift to the east, which
would provide an opportunity to create additional recreation areas (e.g., parks and other
recreation facilities and amenities), and area for the state campground to expand or retreat
inland to that could better adapt to sea level rise impacts. Sea level rise impacts are discussed
further in Chapter 7, Coastal Hazards.
Oct. 12, 2021 Item #7 Page 20 of 428
Page 5
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 2 – LAND USE, CONT.
PC
Revise Figure 3-2 to add the existing Visitor Serving Commercial Site on the north shore of Agua Hedionda Lagoon:
Oct. 12, 2021 Item #7 Page 21 of 428
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Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES, CONT.
PC
Delete the “Demand for Visitor Accommodations” section on pages 3-12 and 3-13:
Demand for Visitor Accommodations
The 2017 Carlsbad Visitor Profile (from San Diego Tourism Authority) shows that over a 12-year period,
from 2005 to 2017, the number of visitors to Carlsbad increased a total of 50.8 percent, an average
annual increase of 4.4 percent (this information accounts for a decrease in number of visitors during the
years of economic recession, 2008 – 2009). The overall increase in the number of visitors (some of which
are day visitors, and some are overnight visitors) results in an increased demand for hotel rooms or
other overnight accommodations.
A report titled, “Tourism Economics San Diego Travel Forecast July 2018” (prepared for San Diego
Tourism Authority), forecasts the annual increase in hotel room demand in San Diego through the year
2023. The local Carlsbad tourism agency, Visit Carlsbad, utilizes this report to forecast hotel demand in
Carlsbad. According to the report, hotel demand is estimated to increase approximately 2 percent each
year from 2019 to 2023.
Applying the forecasted demand to Carlsbad compared to the number of existing hotel rooms in
Carlsbad, as stated above, an additional 500 hotel rooms would be needed in Carlsbad (approximately
100 additional rooms per year from 2019 to 2023) to meet the forecasted annual 2-percent increase in
hotel demand (assuming the existing number of hotel rooms meets the current demand).
However, by 2023, more than 500 hotel rooms may be needed in Carlsbad due to existing unmet
demand. Based on hotel data for the years 2012 to 2017, there is a high level of consistent room night
demand and unmet seasonal demand, which results in the loss of overnight visitors to non-Carlsbad
hotel markets (i.e., the demand for hotel rooms exceeds the supply of hotel rooms in Carlsbad,
particularly in the high tourist season). Also, from 2012 to 2017, hotel demand increase in Carlsbad was
consistent with the increase in supply over that five-year period, which indicates unmet hotel demand in
the market.
Hotel occupancy in Carlsbad also indicates a demand for more hotel rooms. From April 2017 to March
2018, occupancy rates in Carlsbad ranged from a monthly average of 65 percent to 90 percent. Eighty to
90 percent average monthly occupancy levels occurred in April, June, July, and August 2017, and March
2018; these 80- to 90-percent occupancy levels suggest that there is a significant opportunity for new
hotels to accommodate unmet hotel demand during those high demand months.
To accommodate the existing and future demand for more hotel rooms, the city should identify and
designate land where new hotels and other visitor-serving uses can be developed. The actual number of
additional rooms that are ultimately built in the city will depend on future market conditions and the
amount of land designated for hotel uses.
Oct. 12, 2021 Item #7 Page 22 of 428
Page 7
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES, CONT.
P
Revise draft policy LCP-3-P.12, as follows:
LCP-3-P.12 Work with the California Department of Parks and Recreation to enhance public
access and recreation, public access, visitor-commercial services, and activity in
along the Carlsbad Boulevard coastal corridor. Principal objectives should be to
create additional recreational opportunities, public waterfront amenities and
services (e.g., restrooms and showers), including as well as modernization and
expansion of the campgrounds to serve as lower-cost visitor and recreational
facilities; improve coastal access for all; conserve coastal resources; and enhance
public safety, including addressing threats to the campground from bluff erosion
P
Add the following policy after draft policy LCP-3-P.13:
Consider, as part of the evaluation of realigning the southern lanes of Carlsbad Boulevard
inland, opportunities to create additional recreation areas (e.g., parks and other recreation
facilities and amenities), and for the state campground to expand or retreat inland.
S
Revise draft policy LCP-3-P.14 and delete draft policies LCP-3-P.19, LCP-3-P.20 and LCP-3-P.21, as follows:
LCP-3-P.14 Protect, encourage, and, where feasible, provide for development of new (and retention of
existing) lower-cost visitor 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 [related to Coastal Act
Section 30213].
…
LCP-3-P.19 Encourage development of lower-cost overnight accommodations, such as through
regulatory incentives (e.g., development standards modifications).
LCP-3-P.20 Require new development and redevelopment proposals, which propose to remove, replace,
or remodel existing accommodations, to provide data from Smith Travel Research that
identifies whether the accommodations to be removed, replaced, or remodeled are “lower-
cost” as defined by policy LCP-3-P.18. The data from Smith Travel Research shall be the most
recent available at the time of development application submittal.
LCP-3-P.21 Require new development and redevelopment proposals that propose to remove, replace, or
remodel existing “lower-cost” accommodations to mitigate the loss of any existing “lower-
cost” accommodations with new lower-cost visitor accommodations at a 1:1 ratio and be
subject to the following:
A. Mitigation shall prioritize providing for lower-cost overnight accommodations on-site,
where possible.
B. If providing lower-cost overnight accommodations on-site is not feasible, according to a
feasibility analysis submitted by the applicant and accepted by the city, then 1:1
replacement off-site within the Carlsbad Coastal Zone shall be required. These off-site
overnight accommodations shall be completed and ready for use prior to occupancy of
the new development.
Oct. 12, 2021 Item #7 Page 23 of 428
Page 8
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 3 – RECREATION AND VISITOR-SERVING USES, CONT.
P
Revise draft policy LCP-3-P.17, as follows:
LCP-3-P.17 Prohibit newOn land designated Visitor Commercial (VC) on the Local Coastal
Program land use map, timeshares or other limited-use overnight
accommodations, such as timeshares, shall be subject to the following: on land
designated as Visitor Commercial (VC) on the Local Coastal Program land use
map.
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).
P
Revise draft Figure 4-4 to show the correct location of the future bike path along southbound Carlsbad
Boulevard, as follows:
Oct. 12, 2021 Item #7 Page 24 of 428
Page 9
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 4 – COASTAL ACCESS, CONT.
P
Add the following to the end of draft Section 4.4 (end of page 4-30 of draft Local Coastal Program
Land Use Plan):
Reduce Parking Demand
In addition to providing off-street and on-street public parking spaces, implementing
methods to reduce parking demand will assist in providing public access to the coast. One
method to reduce parking demand is transportation demand management (TDM). TDM
consists of strategies to reduce the demand for the single-occupant vehicle. Common TDM
strategies include carpool programs, car-sharing and bike-sharing programs, flexible work
hours, telecommute provisions, shuttle services to nearby transit stations, installation of
bicycle facilities (lockers, racks, lanes, showers at employment areas, etc.), or other
measures that would reduce the demand to drive; thereby, reducing the demand for
parking.
P
Revise policy 4-P.26, as follows:
LCP-4-P.26 Ensure that the design, location, construction, and operation of trails and
bikeways avoids or minimizes adverse impacts to coastal resources, including
sensitive habitats and species, and agriculture. For example, the design and
operation of the future trails on the north side of Cannon Road, south of
Agua Hedionda Lagoon (as shown on Figure 4-2), shall avoid or minimize
impacts to the existing agriculture on the property.
S
Revise draft policy 4-P.37, as follows
LCP-P.37 Identify opportunities to provide additional public parking near beach areas.
P
Add the following policies (to follow draft policy LCP-4-P.40):
Support transportation demand management (TDM) strategies to reduce parking demand
related to single-occupancy vehicle trips and to promote walking, biking, transit use,
carpooling, etc.
Apply the Village and Barrio Master Plan for additional policies and provisions related to
parking management strategies in the master plan area.
Oct. 12, 2021 Item #7 Page 25 of 428
Page 10
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 5 – AGRICULTURAL, CULTURAL AND SCENIC RESOURCES
P
Revise the second paragraph of the description of “Coastal Act Section 30171.5 – Statutory Program”
on page 5-7 of draft Local Coastal Program Land Use Plan, as follows:
The statutory program requires payment of a fee to mitigate the conversion of agricultural lands
and specifies that the fee can be used only for restoration of Batiquitos Lagoon, an interpretive
center at Buena Vista Lagoon, access to public beaches, and other projects that enhance the use
of natural resources, including open field cultivated floriculture (refer to Section 5.1 for the full
text of Coastal Act Section 30171.5).
PC
Add the follow paragraph at the end of page 5-26:
While not listed as Historic Resources, there are many cultural resources that add to the charm and
character of the Village and Barrio area, some of those include: Twin Inns, the structures in McGee
Park, the Pizza Port building, the Army Navy Academy, and the bungalows throughout the area, just to
name a few.
P
Revise policies LCP-5-P.2 and 5-P.3, as follows:
LCP-5-P.2 Recognize the important value of agriculture and Ssupport the continuation of
existing agriculture by minimizing conflicts with urban uses; such as by requiring
new adjacent development to utilize buffers, vegetation, and other site design
features that minimize impacts on the agricultural use; and by requiring farm
operators to utilize methods to prevent dust and pesticide impacts on adjacent
uses [related to Coastal Act Section 30241].
LCP-5-P.3 Support and encourage the continuation of agriculture within the Cannon Road Open
Space, Farming and Public Use Corridor, and other areas by utilizing methods and
resources to reduce the financial burdens on agricultural land, not only to prevent
premature development but also to encourage its continued use for agricultural
purposes. For example, consider construction of public facility improvements, such as
drainage improvements, which are designed to support the continuation of
agriculture.
P
Revise policy LCP-5-P.17, as follows:
LCP-5-P.17 Ensure that the determination of the significance of cultural or tribal cultural
resources, and the development and implementation of any appropriate treatment
measures and procedures, is conducted by a qualified archaeologist and, in the case
of tribal cultural resources, in consultation with interestedculturally- and
geographically-affiliated California Native American Tribes. All Native American
human remains and associated grave goods shall be returned to their most likely
descendent and repatriated. The final disposition of tribal cultural resources not
directly associated with Native American graves shall be negotiated during
consultation with interested Tribes in accordance with the California Environmental
Quality Act, Public Resources Code Section 21084.3, and any other applicable laws
and regulations.
Oct. 12, 2021 Item #7 Page 26 of 428
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Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 5 – AGRICULTURAL, CULTURAL AND SCENIC RESOURCES
P
Revise policy LCP-5-P.24, as follows:
LCP-5-P.24 Ensure that new development and redevelopment preserves, where possible,
existing, mature, healthy vegetation that provides significant scenic value, such
as oak trees and eucalyptus stands.
S
Add the following policy (to follow policy LCP-5-P.25):
All new utility systems shall be placed underground as feasible and commonly practiced.
P
Revise policy LCP-5-P.28, as follows:
LCP-5-P.28 Require that retaining walls visible to the public not exceed six feet in height
and incorporate veneers, texturing, and/or colors that blend with the
surrounding earth materials or landscape. Stepped or terraced retaining walls
up to an aggregate 12 feet in height, with at least a 3-foot-wide area for
planting in between, may be permitted. Where feasible, long continuous walls
shall be broken into sections or shall include undulations to provide visual relief.
P
Revise policy LCP-5-P.32.D, as follows:
LCP-5-P.32 …
…
D. Area 6 on Figure 5-3:
iv. Development on the property shall provide public access to views of
Batiquitos Lagoon; such as by providing a dedicated public gathering/viewing
area that offers views of the lagoon and Pacific Ocean, in addition to the
adjacent nearby existing or planned future public scenic viewing areas shown
on Figure 5-3.
Oct. 12, 2021 Item #7 Page 27 of 428
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Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 – ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY
P
Add the following at the end of Section 6.2 on page 6-14 of draft Local Coastal Program Land Use Plan:
Impacts of Beach Grooming on Beach Ecosystem
“Beach wrack” is an important part of the marine ecosystem. “Beach wrack” refers to the
mounds of seaweed and other loose organic material that is brought ashore and
accumulates by the natural processes of tides and waves. While these mounds may
appear to beach visitors as unsightly debris, wrack is an important nutrient source for the
beach ecosystem, in that it provides micro-habitat for a variety of organisms, supports the
prey of many marine and terrestrial invertebrates and shorebirds, and contributes to the
establishment of coastal strand and incipient dune habitat. Regular grooming of sandy
beaches can destroy the wrack and degrade the near shore habitat. Research has shown
that groomed beaches have lower invertebrate species richness, abundance and biomass
and supports fewer birds in absolute numbers and species diversity.
Beach grooming can negatively impact sensitive shorebird species, such as the western
snowy plover and the California least tern, that forage and nest on the open beach. The
western snowy plover establishes nests just above the wrack line in the upper beach and
coastal strand zone. These nests are very exposed and vulnerable to disturbance and
predation. The California least tern breeds on exposed tidal flats, beaches and bays of the
Pacific Ocean and is vulnerable to predators, natural disasters and human disturbance.
Beach grooming not only removes potential plover and tern nest material, but can also
flatten the subtle topographic depressions that these birds use to nest in.
Beach grooming can also negatively impact California grunion, which are a species of fish
with a very unique mating ritual. Grunion come ashore in the spring and summer to
reproduce during particularly high night-time tides. Female grunion dig their tails into the
sand and lay their eggs. For the next ten days or so grunion eggs remain buried in the sand
until the next high tide when the eggs hatch and young grunion are washed out to sea. If
beach grooming occurs while grunion eggs are buried, all the eggs may be destroyed.
PC
On Page 6-15, revise the first paragraph of the “Surface Water Quality” section, as follows:
Surface Water Quality
Impacts to the Carlsbad hydrologic unit include surface water quality degradation, sewage spills,
sedimentation, habitat degradation and loss, invasive species, and eutrophication (i.e., excessive
nutrients in a body of water, usually resulting from runoff from land, which causes a dense growth of
plant life and death of animal life from lack of oxygen). Pollutant conditions in the Carlsbad hydrologic
unit include bacterial indicators, eutrophic conditions, nutrients, sediments, sulfates, nitrates, and
phosphates. The sources of these pollutants are varied and include urban runoff, agricultural runoff,
sewage spills, livestock/domestic animals, and other natural sources. Key water quality issues in the
city’s principal surface water bodies are described below. The water quality issues described below are
addressed through regional programs that focus on improving existing water quality conditions.
Oct. 12, 2021 Item #7 Page 28 of 428
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Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 – ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY
P
Revise the first paragraph of the description of Buena Vista Lagoon starting on page 6-15 of draft Local
Coastal Program Land Use Plan, as follows:
Buena Vista Lagoon is a 220-acre freshwater lagoon managed as an ecological reserve by the
California Department of Fish and Wildlife. The principal water quality issues in the watershed
relate to tThe lagoon, which is identified on the 2012 California 2014-2016 Clean Water Act
(CWA) Section 303(d) lList of Impaired Waters for as impaired due to the presence of pollutants
(nutrients, indicator bacteria, sediment toxicity, and sedimentation/siltation). Waters on the
Section 303(d) list are those that do not meet water quality standards and parameters for
pollutants. Buena Vista Creek, which feeds into the lagoon, is also listed as impaired for
sediment toxicity, benthic community effects, bifenthrin, and selenium. The City of Vista has
installed a series of check dams and a detention basin to assist in the removal of sediments
traveling through Buena Vista Creek.
P
Revise the last paragraph of the description of Buena Vista Lagoon on page 6-16 of draft Local Coastal
Program Land Use Plan, as follows:
In July 2012, the San Diego Association of Governments (SANDAG) began an environmental
review process for the Buena Vista Lagoon Enhancement Project, which includeds evaluation of
three enhancement alternatives (freshwater, saltwater, and a saltwater/freshwater hybrid
regime) and a no project alternative. In July 2019On May 22, 2020, SANDAG, adopted a
resolution to accept the saltwater alternative, which will allow the Buena Vista Lagoon to
connect directly with ocean waters to flush out sediments. property owners and other
stakeholders agreed to pursue a modified hybrid saltwater enhancement option.
P
Revise the first paragraph of the description of Agua Hedionda Lagoon on page 6-16 of draft Local
Coastal Program Land Use Plan, as follows:
Agua Hedionda Lagoon encompasses three interconnected lagoons, divided by Interstate 5 and
a railroad bridge. The Agua Hedionda Ecological Reserve was acquired in 2000 by the California
Department of Fish and Wildlife and consists of 186 acres of wetland at the eastern end of the
lagoon. Although Agua Hedionda Lagoon is not listed as impaired on the California 2014-2016
CWA Section 303(d) List of Impaired Waters for toxicity., Sources are listed as unknown. Agua
Hedionda Creek, which feeds into the lagoon, is listed as impaired on the 2012 California 2014-
2016 Clean Water ActCWA Section 303(d) List of Impaired Waters list as impaired for benthic
community effects, indicator bacteria, enterococcus, fecal coliform,malathion manganese,
bifenthrin, chlorpyrifos, cypermethrin, phosphorus, selenium, total dissolved solids, total
nitrogen as N, and toxicity.
Oct. 12, 2021 Item #7 Page 29 of 428
Page 14
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 6 – ENVIRONMENTALLY SENSITIVE HABITAT AREAS
AND WATER QUALITY, CONT.
P
Revise the second paragraph of the description of Batiquitos Lagoon on page 6-17 of draft Local Coastal
Program Land Use Plan, as follows:
Although Batiquitos Lagoon is not listed as impaired on the California 2014-2016 CWA
Section 303(d) List of Impaired Waters for toxicity. Sources are listed as unknown.
Additionally, two of the creeks that feed into Batiquitos Lagoon are listed as impaired on
the 2012 California Clean Water ActCWA Section 303(d) List of Impaired Waters list as
impaired—Encinitas Creek is impaired for benthic community effects, phosphorus,
selenium, and toxicity, and San Marcos Creek is impaired for DDE
(dichlorodiphenyldichloroethylene), phosphorus, sediment toxicity, benthic community
effects, indicator bacteria (enterococcus and fecal coliform), and selenium.
PC
Add “Environmentally Sensitive Habitat Area (ESHA)” policy:
Ensure large scale beach maintenance activities avoid adverse impacts to the beach ecosystem,
including beach wrack and near shore habitat during the spring/summer nesting season (April-
August). Organized beach grooming should be avoided to the extent feasible, but would be allowed
to decrease impacts of flying insect populations and large beach displacement areas on
beachgoers. Alternative beach maintenance activities, such as manual beach cleaning, should be
restricted when sensitive species are present on the beach (e.g., grunion, western snowy plover
and least tern); when sensitive species are present, limit beach maintenance to areas located more
than 10 feet landward of the beach wrack habitat line or mean high tide line, whichever is farthest
landward.
P
Add the following “Marine and Coastal Water Quality” policy, as follows:
Support the Buena Vista Lagoon Enhancement Project and enter into a project agreement with
San Diego Association of Governments (SANDAG), the City of Oceanside, the California
Department of Fish and Wildlife, and other affected property owners.
Oct. 12, 2021 Item #7 Page 30 of 428
Page 15
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS
P
Revise Figure 7-2 to reflect the dam inundation hazard area that impacts Batiquitos Lagoon, as follows:
P
Revise draft policy LCP-7-P.8, as follows:
LCP-7-P.8 Require a site-specific sea level rise hazard report(s) for all development that
requires a coastal development permit and is proposed on property that is 1)
wholly or partially in a sea level rise hazard zone (as shown on the sea level rise
hazard maps for year 2100 – see Appendix B), or 2) an oceanfront parcel outside
the boundary of a sea level rise hazard zone. The report shall be prepared
pursuant to the requirements specified in the zoning ordinance and shall:
A. Be based on the best available sea level rise science and state guidance
applicable at the time of the report.
B. Demonstrate that the development will not create new, or increase the degree
of, sea level rise hazards to the property, and to the extent feasible, will avoid
or minimize impacts from sea level rise hazards (inundation, bluff erosion,
flood) for the anticipated duration of the development per Policy LCP-7-P.9.
C. For sites with existing shoreline protective devices, the analysis shall assume
that the protective device does not exist, such that the site would erode in a
manner similar to unarmored sites in the same vicinity with similar geologic
attributes. (This subsection does not apply to existing shoreline protective
devices that are part of a development that includes an existing lagoon
marina/boat dock).
D. Demonstrate that the development will not encroach on public trust lands or a
wetland boundary or required buffer during the anticipated duration of the
development per Policy LCP-7-P.9.
Oct. 12, 2021 Item #7 Page 31 of 428
Page 16
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS, CONT.
S
Revise draft policy LCP-7-P.9, as follows:
LCP-7-P.9 Interpret the anticipated duration of development in the coastal zone, as shown in
Table 7-12 of this chapter, as a guideline for sea level rise planning purposes, not as
an entitlement to maintain development in hazardous areas. The duration of any
development shall be limited by site conditions, which may result in a shorter
duration of development than shown in Table 7-12.
P
Revise draft policy LCP-7-P.13, as follows:
LCP-7-P.13 Allow a minimum economic use and/or development of a property, as
necessary to avoid an unconstitutional taking of private property without just
compensation, where full adherence with all Local Coastal Program policies,
including sea level rise policies and other hazard avoidance measures, would
preclude a reasonable economic use of the property. Continued use of an
existing structure, including with any permissible repair and maintenance
(which may be exempt from permitting requirements), may provide a
reasonable economic use. If development is allowed pursuant to this policy, it
must be consistent with all Local Coastal Program policies to the maximum
extent feasible.
P
Revise draft policy LCP-7-P.16, as follows:
LCP-7-P.16 Prohibit improvements (including those that do not meet the threshold of
redevelopment) to an existing structure that meets all of the following (note:
improvements may be permitted subject to policies LCP-7-P.12 and LCP-7-P.13):
which is legally non-conforming due to a sea level rise hazard policy or standard
when the improvements increase the degree of non-conformity by increasing the
hazardous condition, such as by developing seaward or in a location that conflicts
with the policies of this chapter, or by extending the duration that the non-
conforming structure will remain non-conforming.
A. The existing structure is located in a sea level rise hazard zone; and
B. The existing structure would not be permitted to be constructed today based on
sea level rise hazard policies; and
C. The proposed improvements would increase the degree of sea level rise hazard to
the property, such as by developing seaward or in a new location that conflicts
with the policies of this chapter.
Oct. 12, 2021 Item #7 Page 32 of 428
Page 17
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS, CONT.
P
Revise draft policy LCP-7-P.21, as follows:
LCP-7-P.21 Prohibit the use of shoreline protective devices to protect new development,
including redevelopment. If new development, including redevelopment, is
protected by an existing legally authorized shoreline protective device, the new
development/redevelopment shall be sited and designed in a manner that does
not require or rely on the use of a shoreline protective device to ensure
geologic stability. Require, as a condition of approval of a coastal development
permit, that new development, including redevelopment, record a notice of
restriction waiving the right, per Coastal Act Section 30235, to construct
shoreline protective devices in the future. The condition shall be recorded as
part of a notice of restriction per Policy LCP-7-P.17. This policy does not apply
to existing shoreline protective devices that are part of a development that
includes a lagoon marina/boat dock.
P
Revise draft policy LCP-7-P.22, as follows:
LCP-7-P.22 Require, when permitting new development or redevelopment, removal of
existing shoreline protective devices that are under the control of the property
owner, only if (note: this policy does not apply to existing shoreline protective
devices that are part of a development that includes a lagoon marina/boat
dock):
A. It is feasible to remove the device and restore affected areas; and
B. The device is causing adverse impacts to coastal or public trust resources,
or will cause impacts over the anticipated duration of the
development/redevelopment due to sea level rise during that time; and
C. The device is no longer necessary to protect the remaining existing
principal structure on the property or adjacent properties that are entitled
to retain shoreline armoring.
S
Revise draft policy LCP-7-P.28, as follows:
LCP-7-P.28 Develop and implement a sea level rise hazard – shoreline development standards,
as part of the Zoning Ordinance, for areas that are vulnerable to sea level rise
hazards. The development standards shall minimize risks to life and property
associated with sea level rise and ensure protection of the migrating shoreline.
P
Revise draft policy LCP-7-P.29, as follows:
LCP-7-P.29 Seek funding opportunities to dDevelop a sea level rise adaptation plan(s) that
identifies how development, resources, and other vulnerable assets can adapt
to the impacts of sea level rise. The adaptation plan should provide a
framework to manage risks and take actions based on sea level rise
monitoring and specific scenarios related to sea level rise impacts. Elements
of an adaptation plan include, but are not limited to:, including, but not
limited to, the following:
…
Oct. 12, 2021 Item #7 Page 33 of 428
Page 18
Revisions are recommended by staff (S) and Planning Commission (PC) and in response to public comment (P)
Rec. By RECOMMENDED REVISIONS: DRAFT CHAPTER 7 – COASTAL HAZARDS, CONT.
Revise draft policy LCP-7-P.39, as follows:
LCP-7-P.39 Comply with the Federal Emergency Management Agency (FEMA)
requirements to identify and regulate flood hazard areas. Cooperate with
FEMA on shoreline flooding hazards and other mapping efforts, including
efforts to reflect sea level rise flooding projections.
RECOMMENDED REVISIONS: DRAFT CHAPTER 8 – GLOSSARY
Add the following definitions:
Existing Structure: a structure that existed prior to Coastal Commission certification of this Local
Coastal Program Land Use Plan ([insert date after certification]). This definition is applicable only in
the context of policy LCP-7-P.20; otherwise, common use of the term “existing” shall apply.
Limited Use Overnight Visitor Accommodations: Any hotel, motel, or other similar facility that
provides overnight visitor accommodations where a purchaser receives the right in perpetuity, for life,
or a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), or
segment of the facility, annually or on some other periodic basis, for a period of time that has been or
will be allotted from the use or occupancy periods into which the facility has been divided; such
facilities include, but are not limited to, timeshare, condominium hotel, fractional ownership hotel, or
uses of a similar nature.
Timeshare: See “Limited Use Overnight Visitor Accommodations.”
Oct. 12, 2021 Item #7 Page 34 of 428
EXISTING Local Coastal Program Land Use
U – Utility; TS – Tourist Services
PROPOSED Local Coastal Program Land Use
VC – Visitor Commercial; OS – Open Space; P - Public
SEPT. 28, 2021
CHANGES TO LOCAL COASTAL PROGRAM LAND USE
MAP LOCAL COASTAL PROGRAM UPDATE – LCPA 15-07 Attachment BOct. 12, 2021Item #7 Page 35 of 428