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of their permitting process (they) may impose … any other conditions they deem fit,” she said. Those opposing the bluff-retention devices, such as members of Surfrider Foundation, say they prevent the natural creation of a beach and will eventually eliminate land that belongs to the public. The amendments also state, “No new private beach stairways shall be constructed, and private beach stairways shall be phased out at the end of the economic life of the structures. “Upon application for a City permit for the replacement of a private beach stairway or replacement of greater than 50 % thereof, private beach accessways may be converted to public accessways where feasible and public access can be reasonably provided.” Private beach-access stairways are located mostly in the city’s condominium developments. Owners say converting them for public use will create added security, maintenance and parking issues and many feel the provision will result in public access to their property. Councilman Tom Campbell sided with the homeowners. “I just think it’s absolutely ludicrous that you’re going to try to tell someone that they have a private staircase and all of a sudden you’re going to eliminate their ability to use it,” he said. “That’s just not sensible at all.” City Councilwoman Lesa Heebner interpreted the provision differently. “Private stairs should remain private,” she said. “We’ve given the language that will allow that to occur through saying … ‘reasonable and feasible.’ I think that the language that we have in there is as strong as we could possibly make it. “It’s just not reasonable and feasible to have the public marching through people’s private property to get to the beach, especially when there are public access stairways very nearby,” she added. “Those people who are using those private stairways can rest assured that they will remain private.” A Local Coastal Plan is required by the California Coastal Act of 1976. It guides development in coastal areas to basically
MAY 31, 2013
RANCHO SANTA FE NEWS ensure public access to beaches and is made up of a land-use plan and implementation plan. All of Solana Beach is considered a coastal zone so new development must be approved by the city and the California Coastal Commission. With an approved LCP, most new development would only require city approval. Solana Beach, the only city in the county without a certified LCP, has submitted seven versions since 2001. With Campbell dissenting, council adopted an LUP with a 4-1 vote in February and directed staff to work with stakeholders to make changes that would be submitted to the Coastal Commission later as amendments. At that meeting council members said it was important to keep the process moving forward. Most said the same about the amendments. “I believe we’ll have future discussion on this as the years go on,” Mayor Mike Nichols said, adding the document can be finetuned during the implementation process. “This is a living document. It’s not the final say on any of this but we need to continue to move forward.” Campbell again cast the only opposing vote despite being upset by the recent lawsuit. “I didn’t vote in favor of the LUP but you still went ahead and named me individually,” he told Corn. “You guys aren’t approaching this the right way.” Representing the Surfrider Foundation, resident Jim Jaffee supports the changes, noting the U.S. Constitution has 27 amendments. “Doing small amendments is not a risky thing,” he said. “It’s a common thing. It’s the nature of our government.” He offered three options to council that would have been acceptable to environmentalists. “But based on the lawsuits now it seems like no matter what you do you’re going to be caught in a rock and a hard place,” he said. Surfrider filed a lawsuit against the city more than a decade ago when the process began but eventually dropped it. The amendments will be presented to the Coastal Commission for approval during its October meeting in San Diego.
STUDENTS ON THE GO Horizon Prep eighth-graders, from left, Antonio Partida, Haley Kerwin and Carly Gammel prepare to lay a wreath at the Tomb of the Unknown Soldier in Arlington National Cemetery, Washington D.C., during their recent class trip. Seventh-graders go to Catalina Marine Biology camp and sixth-graders attend Science Camp. Courtesy photo
Carlsbad to develop water City changes curfew quality improvement plan By Bianca Kaplanek
By Rachel Stine
CARLSBAD — Continuing its maintenance of water quality within the Carlsbad Watershed, the city will develop a Water Quality Improvement Plan to comply with its permit from the Regional Water Quality Control Board. Carlsbad received its latest National Pollutant Discharge Elimination System permit from the Board on May 8, fulfilling its requirement under the 1972 Clean Water Act, according to a presentation by Carlsbad’s environmental manager Elaine Lukey before City Council at its May 21 meeting. Under this permit, the city is responsible for ensuring that there are no pollutants in the storm water it releases into local water bodies. This duty coincides with the city’s work of monitoring water quality within local lagoons and creeks as one of several agencies within the Carlsbad Watershed Management Area. Lukey noted in her presentation that the new permit allows the city to manage its water bodies differently than previously allowed under earlier permits. Notably, the city is
now able to set priorities between the water bodies it manages. “Under the previous permit, we were expected to do everything, everywhere,” she said. Currently, there are five bodies of water within the Carlsbad Watershed that are considered to be impaired under state water quality standards due to levels of specific pollutants, according to Lukey. The water bodies, which are Buena Vista Lagoon, Buena Vista Creek, Agua Hedionda Creek, San Marcos Creek and Encinitas Creek, in spite of this, still have healthy ecosystems operating within them and are not considered toxic. The city will identify where it will focus its main water quality improvement efforts through its Water Quality Improvement Plan, said Lukey. Carlsbad will hire a private company to help develop its plan and has already released a request for proposals for the project. The plan will be developed over the next two years as the city and other Carlsbad Watershed agencies continue to monitor the water quality of local water bodies.
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DEL MAR — Council members took action at the May 20 meeting to change the curfew for minors and sell a vacant city-owned lot. Three years ago the county changed its juvenile curfew from 11 p.m. to 10 p.m. to be consistent with a handful of cities that had already switched it to an hour earlier. Not long after, thenSupervisor Pam Slater-Price sent letters to Del Mar and Solana Beach urging them to follow suit. Solana Beach did so in May 2010. Neighboring cities such as San Diego and its jurisdictions — Rancho Santa Fe, Carmel Valley, etc. — and Encinitas have a 10 p.m. curfew. Having a later curfew, as Del Mar currently does, creates an oasis effect in which minors stay in the city where they can remain in public an extra hour. According to the staff report, the park ranger and enforcement officers have found most minors contacted in Del Mar after 10 p.m. live in surrounding jurisdictions where curfew hours start earlier. “That has created juveniles arriving in our city knowing they’re legal here until 11, but when they head home they’re actually in violation,” Park Ranger Adam Chase said. “So we’re trying to create an ordinance to be more in line with surrounding cities and with the county.” The change is expected to result in fewer crimes related to minors.The new curfew will likely take effect in early July. Despite opposition to sell a 3,170-square-foot parcel just east of 301 Hidden Pines Road, council agreed to move forward with the sale of the property that once housed a water pump. The lot is 25 feet wide, 127 feet deep and has a steep south-to-north slope, with an elevation difference of about 40 feet. There is a small, relatively flat area on the northern portion that is slightly elevated from the street. Zoned residential, it could be developed with variances. Peter Van Rooyen, who owns the property to the east of the lot, said he would like to buy it to provide a greenbelt
between him and the other surrounding owners, Clyde Freeman and Gary Burke. Van Rooyen said he has no plans to build on the property or expand his existing home and would take steps to ensure it remains open space in perpetuity. Because the city no longer has any use for the property, it is in the public interest to sell it. To do so, a hearing was required to allow testimony from anyone who opposes the sale. Freeman, Burke and Don Countryman, representing another property owner, objected, mainly because there is no guarantee Van Rooyen will be the successful bidder. Councilman Don Mosier said there is no clear mechanism to guarantee it remains open space. “How do we ensure that this gentleman’s agreement is fully executed?” he asked. “I don’t see a way that you can … because you can’t take away those property rights,” City Attorney Leslie Devaney said. Because there was at least one protest to the sale, four of the five council members had to agree to move forward. The vote was 4-1, with Mayor Terry Sinnott dissenting. The proposed sale will be presented to the Planning Commission during its June 11 meeting, after which staff will proceed with the preliminary title report and appraisal, then return to council with the estimated value and seek direction on the minimum price and method of sale, such as a sealed bid or use of a broker. Money from the sale would be used to acquire or improve city parks. Sinnott asked that there be language to ensure funds are used for capital expenses. “I don’t want this money to go to operating expenses for the city,” he said. In other council news, Mosier and former Councilman Richard Earnest applied to fill a vacant seat on the nine-member, governorappointed 22nd District Agricultural Association board of directors, which oversees the Del Mar Fairgrounds. The city agreed to send a letter to Sacramento supporting the appointment of either resident.