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