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HomeMy WebLinkAboutLCPA 01-07; Seaside Bistro Zone Change; Local Coastal Program Amendment (LCPA) (15).a ARNOLD SCHWARZENEGGER, Gow STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION -7 SAN DIEGO AREA 7575 METROPOLITAN DRIVE. SUITE 103 SAN DIEGO. CA 921084421 (619) 767-2370 - 9/29/04 ,I Fri 10c TO: COMMISSIONERS AND INT&RESTED PERSONS FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO BILL PONDER, COASTAL PROGRAM ANALYST SUBJECT: STAFF RECOMMENDATION ON CITY OF CAJUSBAD MELLO I1 (Vigilucci’s Seafood et al) (For Public Hearing and Possible Commission Action at the Meeting of October 13-15,2004) LCP SEGMENT M4JOR AMENDMENT NO. 1-04A9C, E, F SYNOPSIS The subject amendment request revises the certified Carlsbad Local Coastal Program. The LCP amendment submittal includes six separate components involving changes to both the certified LCP land use plan and the implementation plan. The land use plan change and rezone for the Kirgis property and rezone for the Cannon Lift Station, LCPA #I -04B and LCPA #1-04D, respectively, are not part of this staff report and will be scheduled for Commission hearing at a later date. A time extension for up to one year for Commission action on LCPA # 1 -04B and LCPA # 1 -04D is required by the Commission; the motion for the time extension is on page 4 of this staff report. One land use redesignation is proposed: the Vigilucci Seafood & Steakhouse amendment would change the land use designation of a 0.3 ac. restaurant site at Old Highway 10 I/Tamarack Avenue from “RH” (High Density Residential) to “T-R’ (Travel Recreation Commercial), a visitor serving land use designation. Three amendments to the certified Implementation Plan are proposed: the Twin D rezone (LCPA #1-04C) would change the zoning designation of a 4.4-acre site from LC (Limited Control) to R-1 (One-family Residential). An amendment to the Conditional Use Permit ordinance (LCPA #1-04E) is proposed to allow farm worker housing in any zone except residential zones in the City. An amendment to certified parking standards (LCPA #1- 04F) is proposed to modify the parking requirement for “gyms and health spas” from 1 space per 35 square feet to 1 space per 200 square feet. SUMMARY OF STAFF RECOMMENDATION Staff is recommending approval of the proposed LCP amendment as submitted. Carlsbad LCPA #1-04AyC, E, F Page 2 The appropriate resolutions and motions begin on page 3. The findings for amroval of the Land Use Plan Amendment as submitted begin on page 5; the findings for approval of the Implementation Plan Amendment as submitted begin on page 6. ADDITIONAL INFORMATION Further information on the submittal may be obtained fiom Bill Ponder at the San Diego Area Office of the Coastal Commission at 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402, (619) 767-2370. PART I. OVERVIEW A. LCP HISTORY The City of Carlsbad certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello 11, West Batiquitos LagoodSammis Properties, East Batiquitos LagoodHunt Properties and Village Redevelopment. Pursuant to Sections 301 70(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and I1 segments in 1980 and 1981, respectively. The West Batiquitos Lagood Sammis Properties segment was certified in 1985. The East Batiquitos LagoodHunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 2 1 , 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. The subject amendment requests affect all certified segments of the LCP. B. STANDARD OF REVIEW The standard of review for land use plans, or their amendments, is found in Section 30512 of the Coastal Act. This section requires the Commission to certi9 an T,UP or LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act. Specifically, it states: Section 305 12 (c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the Commission. Pursuant to Section 305 13 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the Carlsbad LCPA #1-04A,C, E, F Page 3 certified land use plan. The Commission shall take action by a majority vote of the Commissioners present. C. PUBLIC PARTICIPATION The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties. PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS Following a public hearing, staff recommends the Commission adept the following resolutions and findings. The appropriate motion to introduce each resolution and a staff recommendation are provided just prior to each resolution. RESOLUTION I. Resolution to approve certification of the City of Carlsbad Land Use Plan Amendment #l-O4A Mello II Segment as submitted) MOTION I: I move that the Commission certifi the Land Use Plan Amendment #l-O4A for the City of Carlsbad LCP Mello II Segment as submitted STAFF RECOMMENDATION TO CERTIFY: Staff recommends a YES vote. Passage of this motion will result in certification of the land use plan amendment as submitted and adoption of the following resolution and findings. The motion to certify as submitted passes only upon an affirmative vote of a majority of the appointed Commissioners. RESOLUTION TO CERTIFY LAND USE PLAN AMENDMENT AS SUBMITTED: The Commission hereby certifies the Land Use Plan Amendment for the Mello I1 Segment of the certified LCP as submitted and adopts the findings set forth below on grounds that the land use plan will meet the requirements of and be in conformity with the policies of Chapter 3 of the Coastal Act. Certification of the land use plan complies with the California Environmental Quality Act because either 1) feasible mitigation measures and/or alternatives have been incorporated to substantially lessen any significant adverse effects of the plan on the environment, or 2) there are no further feasible alternatives and mitigation measures that would substantially lessen any significant adverse impacts on the environment that will result from certification of the land use plan. Carlsbad LCPA ## 1 -04A,C, E, F Page 4 RESOLUTION 11. (Resolution to approve certification of the City of Carlsbad Implementation Plan Amendment #l-O4C, E and F as submitted) MOTION I1 I move that the Commission reject the City of Carlsbad Implementation Plan Amendment #1-04C, E and F as submitted. STAFF RECOMMENDATION TO CERTIFY: Staff recommends a mvote. Failure of this motion will result in certification of the Implementation Program Amendment as submitted and the adoption of the following resolution and fir,dings. The motion passes only by an affirmative vote of a majority of the Commissioners present. Resolution I1 The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad Local Coastal Program as submitted and adopts the findings set forth below on grounds that the Implementation Program Amendment conforms with, and is adequate to carry out, the provisions of the certified Land Use Plan, and certification of the Implementation Program Amendment will meet the requirements of the California Environmental Quality Act, because either 1) feasible mitigation measures andor alternatives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible alternatives or mitigation measures that would substantially lessen any significant adverse impacts on the environment that will result from certification of the Implementation Program Amendment. MOTIONIII: I move that the Commission extend the 90-day time limit to act on the City of Carlsbad LCP Amendment No. 1 -04B (Kirgis rezone) and No. 1 -04D (Cannon Road lift station rezone) for a period not to exceed one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. . Carlsbad LCPA #1-04A,C, E, F Page 5 PART 111. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD SUBMITTED MELLO I1 LAND USE PLAN AMENDMENT #1-04A, AS A. AMENDMENT DESCRIPTION The proposed LCP amendment would change the land use designation for a 0.3-acre restaurant site at 3878 Carlsbad Boulevard [Old Highway 1011 and Tamarack Ave. from Residential High Density (RH) to Travelmecreation Commercial (T-R), a visitor serving land use designation. The subject site is located within the Mello I1 LUP segment of the Carlsbad Local Coastal Program, which was adopted and certified by the Coastal Commission in 198 1. B. CONFORMITY WITH CHAPTER 3 OF THE COASTAL ACT 1. Visitor-Serving Uses. Coastal Act Section 30213 and 30222 are applicable to the proposed LCP amendment and state: Section 302 13 Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. Section 30222 The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial dwelopment, but not over agricuhre or coastal-dependent industry. The amendment would change the land use designation of the site from “RH” (High Density Residential) to “T-R” (Travel Recreation Commercial). The proposed redesignation to a visitor serving commercial designation suitable for a restaurant is consistent with Coastal Act Sections 30213 and 30222 which identify commercial recreational facilities as a high priority land use (higher than the existing residential designation on the site). The current land use on the site is Residential (R-3) and the zoning is General Commercial. Therefore, the proposed land use redesignation will be consistent with existing zoning. Therefore, the Commission finds the proposed redesignation is consistent with Chapter 3 policies of the Coastal Act. Carlsbad LCPA # 1 -04A,C, E, F Page 6 PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD AND F, AS SUBMITTED MELLO I1 IMPLEMENTATION PLAN AMENDMENT #1-04 C, E A. AMENDMENT DESCRIPTIONS 1. Twin D Rezone (LCPA #1-04 C). The City proposes to construct and operate a recycled water pump station and to formalize existing water storage and service facilities on an existing 4.4-acre reservoir site on property generally located south of Poinsettia Lane, on the east side of Black Rail Road in the City’s certified Mello I1 LCP segment. Existing zoning on the site is Limited Control (L-C), which does not allow for any development unless a zone change is proposed consistent with the underlying General Plan and LUP designation. The LCP Land Use designation for the project site is Residential Low to Medium Density (RLM which allows 4-8 ddac). The L-C zone will be replaced with R-1 (Single-Family Residential) zoning, which allows for public facilities with conditional use permit approval. Because a zone change is required to remove the L-C zoning, a corresponding LCP amendment is needed due to the project site’s location in the coastal zone. 2. Farmworker Housing. (LCPA #1-04 E). The City is modifying the CUP ordinance (Section 21.42.010) to identify temporary farm worker housing as a permitted use in all zones except residential zones, subject to a Conditional Use Permit (CUP). Currently, only the E-A (Exclusive Agricultural) Zone and R-A (Residential Agriculture) zones allow farm worker housing and then by CUP only. The amendment will delete the references to farm worker housing being a conditional use in those zones and add new provision 21.42.010(M) to the CUP ordinance to allow farmworker housing in all zones except residential zones by CUP; no other changes to the CUP ordinance are proposed 3. Gyms And Health SDas Parking. Rate Amendment (LCPA #1-04 F). This amendment consists of two parts, as follows: A. B. Section 21.44.020(b)(7) of the certified Zoning Ordinance is proposed for amendment to change the parking requirement for “gyms and health spas” from 1 space per 35 square feet of floor area to 1 space per 200 square feet of floor area. This amendment applies citywide, except for the Village Redevelopment area. Section 11, Chapter 6 of the certified Carlsbad Village Redevelopment Master Plan is proposed for amendment to change the parking requirement for “self- improvement services,” which includes “aerobic/exercise studio, business and professional schools, dance and music studio/school, health spa, and martial arts studio.” The parking requirement for “self-improvement services” is proposed to be modified as follows: i. With the exception of “business and professional schools,” the parking requirement for “self-improvement services” is proposed to be changed from 1 space per 35 square feet to 1 space per 200 square feet.