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HomeMy WebLinkAboutLCPA 03-02; Second Dwelling Unit Ordinance; Local Coastal Program Amendment (LCPA) (3)- City of Carlsbad July 1,2003 California Coastal Commission San Diego Coast District 7575 Metropolitan Drive, Suite 103 San Diego CA 92108-4402 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT I. II. 111. IV. JURISDICTION CITY OF CARLSBAD - LCPA 03 -02 - Second Dwelling Unit Ordinance Amendment (Related permits: ZCA 92-04(B)) SEGMENT? Mello I, Mello II, Aqua Hedionda, Villaae Redevelopment Area, East Batiquitos Laqoon, West Batiquitos Lagoon TYPE OF AMENDMENT SUBMITTAL (check) A) LUP 0 B) ZONING w C) LCP (Land Use & Zoning) 0 LCP STATUS A) LUP CERTIFIED B) ZONING CERTIFIED Y/N, DATE Yes Yes N/A NIA C) ZONING OF COMM. ACTION ON No D) PRIOR COMMISSION ACTION ON THIS No S UG G ESTE D M 0 D I F I CAT1 ON S SUB M ITTAL? SUMMARY OF AMENDMENT PROPOSAL Stalz law (California Government Code Section 65852.2) has I g required local governments to allow second dwelling units on residential lots that are developed with a single-family residence. Consistent with this State law, in 1994, the City Council adopted an amendment to the City’s Zone Code (ZCA 92-04) to allow second dwelling units to be developed within all single-family zones and multi-family zones (which are developed with single family residences) subject to the approval of a discretionary Minor Coastal Development permit and/or a discretionary Second Dwelling Unit permit by the Planning Director. On January 1, 2003, California Government Code Section 65852.2 was amended to streamline the permitting requirements for the development of second dwelling units @ 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us throughout the state. The primary objective of the amended State law is to require second dwelling units to be approved ministerially or “over the counter” in most cases. A ministerial permit is a permit that is issued based upon compliance with clear development standards rather than the use of discretionary standards or judgment. A building permit is an example of a ministerial permit. Compared to a discretionary permit, a ministerial permit does not require a public hearing nor include conditions of approval. Compliance with this revised State law necessitates amendments to the City’s Zone Code. The Second Dwelling Unit provisions of the City’s Zone Code are proposed for amendment to permit Second Dwelling Units located outside of the Coastal Zone through a ministerial building permit and Second Dwelling Units located within the Coastal Zone through a building permit and a modified discretionary Minor Coastal Development permit. The modified Minor Coastal Permit would continue to require a public notice but woutd not require a public hearing nor allow for the appeal of the Planning Director’s decision to the Planning Commission. The City’s Zoning Ordinance is the implementing ordinance for the City’s Local Coastal Program. Accordingly, this Local Coastal Program Amendment is necessary to ensure consistency between its proposed amended Zoning Ordinance and its Local Coastal Program. V. COMMISSION OFFICE USE ONLY: AMENDMENT ## DATE RECEIVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION: A: , AWM ,D ,Date VI. PROJECT PLANNER For information regarding this application, please contact Chris DeCerbo, Principal Planner at (760) 602.461 1. LCPA SUBMITTAL REQUIREMENTS -- CHECKLIST 1. 2. 3. 4. 5. 6. 7. a. 9. Council Resolution - signed and dated indicating City intends to administer LCP consistent with the Coastal Act and indicating date LCPA will take effect. X (CODY enclosed) NOTE: All amendments take effect immediately upon Coastal Commission approval unless otherwise stated. X (Cow enclosed) A reproducible copy of Council adopted LCPA If new text indicates where it fits into certified text. If revised text clearly indicates using strikeouts and/or underlines showing modifications. 0 If map change, submit replacement map. A discussion of amendments relationship to and effect on other sections of the previously certified LCP. Zoning measures that will implement the LCPA. Affect on public access (only for area between first public road and the Coast). An analysis of potentially significant adverse cumulative impacts on coastal resources. Copies of environmental review documents. Summary of measures to ensure both public and agency participation. List of public hearing dates w Notice of interested parties w Mailing list W Comments 0 Responses to comments All staff reports plus attachments. X (See attachment) X (See attachment) X (See attachment) X (See attachment) X (Copv enclosed) X (See attachment & enclosed copies) There were no written or verbal public comments. 3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP Consistent with State Government Code Section 65852.2, this proposed LCPA 03-02 adds a new Zone Code Section 21.201.085, Minor Coastal Permits for Second Dwelling Units, which clarifies the permitting process (Minor Coastal Permit with no public hearing or local appeal rights) for second dwelling units in the Coastal Zone. In that LCPA 03-02 only modifies the permit procedures for second dwelling units proposed in the Coastal Zone and does not change the substantive review standards for second dwelling units in the Coastal Zone, it is consistent with the City’s Local Coastal Program. Correspondence from the California Coastal Commission’s Executive Director to local agencies (January 13, 2003) committed that these proposed procedural changes shall be approved by the California Coastal Commission as de minimis LCP amendments. 4. ZONING MEASURES THAT WILL IMPLEMENT THE LCPA A Zone Code Amendment (ZCA 92-04(B), which is the implementing ordinance for this LCPA, was approved by the Carlsbad City Council on June 17,2003. 5. AFFECT OF PUBLIC ACCESS The proposed LCPA is not associated with any land use change, circulation standard/policy revision or development proposal and therefore will not affect public access to and from the coast nor the provision of required public access improvements. Any future second dwelling unit which is processed pursuant to the amended procedures shall be required to be consistent with all certified LCP provisions including those associated with parking, traffic and coastal access. 6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON COASTAL RESOURCES LCPA 03-02 only modifies the permit procedures for second dwelling units proposed in the Coastal Zone and does not change the substantive review standards for second dwelling units in the Coastal Zone. Therefore, it will not result in potentially significant adverse cumulative impacts on coastal resources and is consistent with the City’s Local Coastal Program. 8. SUMMARY OF MEASURES TO ENSURE PUBLIC AND AGENCY PARTI C I PATI 0 N The Local Coastal Program Amendment was duly noticed for the required six- week review period, from April 17, 2003 to May 30, 2003, and no written comments were received. In addition, the project was duly noticed for public hearings before the Planning Commission and City Council as follows: PUBLIC HEARING DATES PLANNING COMMISSION CITY COUNCIL May 21,2003 June 17,2003