ABSTRACT: After the City Council adopted a Resolution establishing the Forest Cottages Specific Plan for the site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street and the adoption of a Negative Declaration and Ordinance amending the Local Coastal Program for the creation of a Community Plan District at their March 7, 2006 meeting, the City applied for an amendment to the Local Coastal Program. After review of the City’s proposed Implementation Plan (IP) amendment, the Coastal Commission Staff recommends Denial of Implementation Plan Amendment as Submitted because “the Specific Plan is not detailed enough to hone in on what might be expected to follow in terms of siting, design, and landscaping. As such, the Specific Plan is not detailed enough to ensure that a future project approved under the Plan would be consistent with maintaining Carmel’s community character, including in relation to the protection of natural and historic resources.” After denial, the Staff recommends Approval of Implementation Plan Amendment if Modified; modifications include Landscape and Tree Screening Plan Requirement, including the mandatory planting of Monterey Pine, Monterey Cypress and Coast Live Oak, Revision of the “New Structures” section to ensure that future development conforms to the project plans submitted to the Commission with the LCP amendment package, Historic Structures and Tree Protection Revisions i.e. “Alterations to Vegetation or Existing Structures” section and Drainage Plan Requirement. The agenda item “City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan)” is on the California Coastal Commission’s Thursday, January 10, 2008 agenda; the meeting is to be held at the Marina del Rey Hotel, Marina del Rey, CA.
UPDATE:
CENTRAL COAST DISTRICT
13. LOCAL COASTAL PROGRAMS (LCPs).
a. City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan). Public hearing and action on request by City of Carmel to amend certified Local Coastal Program Implementation Plan to include a specific plan for 13,085 sq. ft. site along Ocean Avenue (between Torres and Mountain View) that would provide for four new condominium units and two affordable units within an existing historic structure. (MW-SC) [APPROVED WITH MODIFICATIONS]
(Source: http://www.coastal.ca.gov/mtgcurr.html)
Herewith is the California Coastal Commission Staff Report regarding the City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan); selected excerpts, as follows:
Prepared December 20, 2007 (for January 10, 2008 hearing)
To: Commissioners and Interested Persons
From: Dan Carl, District Manager
Mike Watson, Coastal Program Analyst
Subject: City of Carmel-by-the-Sea Local Coastal Program Major Amendment Number 1-06 (Forest Cottages Specific Plan). For public hearing and action at the California Coastal Commission’s January 10, 2008 meeting.
Summary
The City of Carmel-by-the-Sea proposes to amend its certified Local Coastal Program (LCP) Implementation Plan (IP) to establish a Community Plan District and a Specific Plan (known as the “Forest Cottages Specific Plan”) on four contiguous lots sandwiched between Torres Street, Mountain View Avenue, and Ocean Avenue near the entrance to the main village area as one drops into Carmel from Highway One. The proposed Specific Plan identifies specific uses, standards, and guidelines that would be applied to future development of the site. The Forest Cottages Specific Plan would be inserted into the LCP as a component of IP Chapter 17.22.
The Forest Cottages Specific Plan generally reflects the LCP’s single family residential (R-1) provisions in terms of land use issues (i.e., type of uses, development standards, etc.), the multi-family residential (R-4) standards for parking requirements, and the residential design guidelines for design related issues. The Plan also requires lot merger, and provides for four new residential condominium units, preservation and restoration of an existing historic residence to be used to house two affordable housing units, an eight-space underground parking garage, and roughly 2,000 square feet of open space at the corner of Mountain View Avenue and Ocean Avenue.
The Forest Cottages Specific Plan generally addresses coastal resource issues regarding residential development in Carmel, including establishing use, density, and intensity standards that are compatible with the surrounding neighborhood and Carmel’s built environment. However, the Specific Plan is not detailed enough to hone in on what might be expected to follow in terms of siting, design, and landscaping. As such, the Specific Plan is not detailed enough to ensure that a future project approved under the Plan would be consistent with maintaining Carmel’s community character, including in relation to the protection of natural and historic resources. As such, the Plan cannot be found consistent with the provisions of the certified Land Use Plan (LUP), the standard of review for IP amendments.
Accordingly, and in order to ensure that LUP consistency is achieved, staff recommends that the IP amendment be approved only if the Specific Plan is modified to tether it explicitly to the City-approved project, and to require that more detailed landscaping and water quality parameters consistent with the LUP are made part of any final action here (i.e., the City would still need to take a final coastal permit action if the Specific Plan is certified by the Commission). These changes are necessary to ensure that the City’s character and resources are protected at this important gateway site relative to the City’s village core.
With the suggested modifications, staff recommends that the Commission find that the proposed Implementation Plan amendment is consistent with, and adequate to carry out the provisions of the certified Land Use Plan.
II. Suggested Modifications
The Commission suggests the following modifications to the proposed LCP amendment, which are necessary to make the requisite consistency findings. If the City accepts and agrees to each of the suggested modifications within six months of Commission action (i.e., by July 10, 2008), by formal action of the City Council, the LCP amendment will become effective upon Commission concurrence with the Executive Director’s finding that this acceptance has been properly accomplished. Where applicable, text in cross-out format denotes text to be deleted and text in underline format denotes text to be added. All changes apply within LCP IP Chapter 17.22 (Community Plan Districts/Specific Plans) under Article 1: Forest Cottages Specific Plan
1. Landscape and Tree Screening Plan Requirement. Add the following new text after the section on Parking requirements as follows:
Landscaping:
A Landscape Plan shall be submitted to the City Forester for review and approval and shall include an appropriate mix of upper and lower canopy vegetation that will ensure the project site is adequately screened from public roadways along Ocean Avenue, Mountain View Avenue, and Torres Street for the life of the project. Upper canopy trees (i.e., Monterey pine and cypress) as well as lower canopy trees (i.e., coast live oak) shall be planted within the required open space area and along the Ocean Avenue, Mountain view Avenue, and Torres Street road rights of way in a manner that approximates a natural woodland and to screen the development from the roadways at plant maturity. All existing vegetation along the Ocean Avenue and Mountain View Avenue public rights-of-way, as well as new landscaping required on-site, including trees, shrubs, and plants shall be maintained in a healthy growing condition for the life of the project. The Landscape Plan shall include performance criteria that upon maturity, a continuous tree canopy and understory will as described above, obscure Ocean Avenue views of the project site, and be maintained thereafter over the life of the development, including explicit remediation requirements to replace dead or poorly performing trees and vegetation as necessary to maintain the visual screen required. All replacement trees and vegetation shall be comprised of native species indigenous to Carmel (i.e., from local stock).
All existing non-native, invasive species shall be removed and shall be kept from the entire site in perpetuity. The Landscape Plan shall assure that no plant species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, or as may be identified from time to time by the State of California are used or allowed to persist on the site. The plan shall also ensure that no plant species listed as a noxious weed by the State of California or the U.S. Federal Government are used.
2. Ensure Consistency With Project Plans. Revise the “New Structures” section to ensure that future development conforms to the project plans submitted to the Commission with the LCP amendment package (see Exhibit E) as follows:
New Structures:
This Development of the Forest Cottages Specific Plan site shall be carried out approved in conjunction accordance with design approvals DR 05-7/UP 05-5 issued by the Planning Commission on December 7, 2005 for the construction of four new residential units, modification of the existing historic structure for two affordable housing units, a subterranean garage, and site circulation, drainage, and landscaping.
All development shall be substantially in conformance with the project plans titled Forest Cottages approved under DR 05-7 and UP 05-5. All future proposals for new construction or alterations shall require approval of all requisite permits, including coastal development permits, by the Planning Commission, and shall be preceded by an amendment to the Forest Cottages Specific Plan (i.e., an LCP Implementation Plan amendment). In considering such applications, the Planning Commission shall address the following: …
3. Historic Structures and Tree Protection. Revise the “Alterations to Vegetation or Existing Structures” section as follows:
Alterations to Vegetation or Existing Structures:
The following regulations shall apply to the existing historic structure and vegetation within the Specific Plan area.
A. Historic Structure. The existing historic structure on lot B shall be protected, preserved, and enhanced. All proposals for additions or alterations shall be subject to Historic Review in accordance with CMC (Implementation Plan) Section 17.32.14 and Design Review in accordance with CMC (Implementation Plan) Section 17.58.
B. No tree as determined by the City Forester to be significant shall be removed with out approval of the Forest and Beach Commission. Applications for tree removal, pruning, or alteration shall be carried out in accordance with CMC (Implementation Plan) Section 17.48. Significant trees that have been removed shall be replaced in accordance with the provisions of CMC (Implementation Plan) Sections 17.48.8 and 17.48.10. All vegetation alterations shall be consistent with the Landscaping provisions required by this specific plan.
4. Drainage Plan Requirement. Add the following new text after the section on Development Regulations as follows:
Drainage Plan:
A drainage plan shall be submitted to the City of Carmel-by-the-Sea Community Planning and Building Department for review and approval. The plan shall be in substantial conformance with the July 6, 2006 plans prepared by Neill Engineers Corp. and approved under DR 05-7 and UP 05-5, which shall be revised and supplemented to comply with the following requirements:
The drainage plan shall identify the specific type, design, and location of all drainage infrastructure and Best Management Practices (BMPs) necessary to ensure that post construction drainage from the project, including runoff from the residences, paths, parking areas, and other impervious surfaces, does not result in erosion, sedimentation, or the degradation of coastal water quality. Such plan shall clearly identify a drainage system designed to collect, filter, and treat all runoff prior to its discharge from the site and to remove vehicular contaminants and other typical urban runoff pollutants more efficiently than standard silt and grease traps. The drainage system shall be designed to filter and treat (i.e., a physical and/or chemical reduction of pollutants achieved through active filtration and treatment) the volume of runoff produced from each and every storm event up to and including the 85th percentile 24- hour runoff event for volume-based BMPs and/or the 85th percentile, 1-hour runoff event (with an appropriate safety factor) for flow-based BMPs prior to its use for on-site infiltration, landscape irrigation, and/or discharge. The drainage system may include natural biologic filtration components such as vegetated filter strips, percolation pits, and grassy swales provided that they are populated with native plant species capable of active filtration and treatment (e.g., rushes). If grades require, natural check-dams may be used in such biologic filters. The applicant shall be responsible for implementing and maintaining drainage, erosion, and sedimentation control measures and facilities for the life of the project. This shall include performing annual inspections, and conducting all necessary clean-outs, immediately prior to the rainy season (beginning October 15), and as otherwise necessary to maintain the proper functioning of the approved system.
NOTE: For the complete Staff Report, Click on Post title above or copy, paste and click
http://documents.coastal.ca.gov/reports/2008/1/Th13a-1-2008.pdf
COMMENTS:
• The California Coastal Commission Staff’s recommendation to the California Coastal Commission to only approve the City of Carmel-by-the-Sea’s LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan) with modifications suggests the Coastal Commission Staff does not trust the City to implement all necessary measures without detailed specifics from the Coastal Commission.
• One of the modifications tellingly calls for “Upper canopy trees (i.e., Monterey pine and cypress) as well as lower canopy trees (i.e., coast live oak) shall be planted within the required open space area and along the Ocean Avenue, Mountain view Avenue, and Torres Street road rights of way...” for the purpose of screening the project site from public roadways along Ocean Avenue, Mountain View Avenue and Torres Street.
REFERENCES:
CALIFORNIA COASTAL COMMISSION
January 2008 Agenda
Marina del Rey Hotel
13534 Bali Way
Marina del Rey, CA 90292
THURSDAY, JANUARY 10, 2008
CENTRAL COAST DISTRICT.
13. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel LCP Amendment Number CML-MAJ-1-06 (Forest Cottages Specific Plan). Public hearing and action on request by City of Carmel to amend certified Local Coastal Program Implementation Plan to include a specific plan for 13,085 sq. ft. site along Ocean Avenue (between Torres and Mountain View) that would provide for four new condominium units and two affordable units within an existing historic structure. (MW-SC)
(Source: http://www.coastal.ca.gov/mtgcurr.html)
MINUTES
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
March 7, 2006
X. RESOLUTIONS
B. Consideration of a Resolution establishing the Forest Cottages Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4) and the adoption of a Negative Declaration.
Council Member HAZDOVAC moved approval of the Resolution establishing the Forest Cottages Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4) and the adoption of a Negative Declaration , seconded by Council Member CUNNINGHAM and carried by the following roll call:
AYES: CUNNINGHAM, HAZDOVAC & McCLOUD
NOES: NONE
ABSENT: BETHEL
ABSTAIN: ROSE
IX. ORDINANCES
A. Consideratin of an Ordinance (First Reading) amending the Local Coastal Program for the creation of a Community Plan District and Adoption of a Resolution establishing a Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4).
As the Ordinance was a component of the previously addressed Resolution.
Council Member CUNNINGHAM moved approval of Ordinance amending the Local Coastal Program for the creation of a Community Plan District and Adoption of a Resolution establishing a Specific Plan for a site located on the south side of Ocean Avenue between Mt. View Avenue and Torres Street (Blk 79, Lots 1-4), seconded by Council Member HAZDOVAC and carried by the following roll call:
AYES: CUNNINGHAM, HAZDOVAC & McCLOUD
NOES: NONE
ABSENT: BETHEL
ABSTAIN: ROSE
(Source: http://www.ci.carmel.ca.us/)
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