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Home My WebLink AboutLCPA 03-02; Second Dwelling Unit Ordinance; Local Coastal Program Amendment (LCPA) (4)SANDEGOAREA 7575 MJ3ROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 TO: COMMISSIONERS AND INTERESTED PERSONS FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR SUBJECT: CITY OF CARLSBAD DE MINIMIS LOCAL COASTAL PROGRAM AMENDMENT NO. 3-03 (Second Units) (For Commission review at its meeting of October 7 - 10,2003) The Coastal Act was amended January ’ , 1995 to provjde for a mcre strcamlined method to review amendments to local coastal programs (LCP). Section 30514(d) allows the Executive Director to make a determination that a proposed LCP amendment is de minimis in nature. The Executive Director must determine that the proposed amendment: 1) has no impact, either individually or cumulatively, on coastal resources; 2) is consistent with the policies of Chapter 3; and 3) does not propose any change in land use or water use or any change in the allowable use of property. Section 305 14(d) requires the local government to notice the proposed de minimis LCP amendment 21 days prior to submitting it to the Executive Director either through: 1) publication in a newspaper of general circulation; 2) posting onsite and offsite the area affected by the amendment; or 3) direct mailing to owners of contiguous property. If the Executive Director makes the determination that the proposed amendment qualifies as a “de minimis” amendment and finds the public notice measures have been satisfied, such determination is then reported to the Commission for its concurrence. PROPOSED AMENDMENT The City of Carlsbad has submitted an LCP amendment package which includes as one component revisions to permit process requirements for Second Dwelling Units cmsistegnt ~ith m-ended State fJ-cverr?ment Code Scctior, 55S52.2 of thc certified zoning ordinance. The zoning ordinance is the certified Implementation Plan for the City of Carlsbad LCP. State Government Code Section 65852.2 was recently amended to streamline the permitting requirements for the development of second dwelling units throughout the state. The City’s zone code currently requires the approval of a Second Dwelling Unit permit as well as a Minor Coastal Development permit for second dwelling units that are proposed within the coastal zone. A Minor Coastal Development permit is an administrative permit (subject to Planning Director approval) that requires public notice and allows any public notice recipient to request an administrative public hearing before the Planning Director to discuss the second dwelling unit application. The City’s zone code, as proposed, would be amended to require Minor Coastal Development permits for second dwelling units in the coastal zone, but to delete the provisions that allow for a public hearing or appeal of the Director’s decision to the Planning Commission. This component has been separated from the major LCP amendment submittal and is being processed as a de minimis LCP amendment. Carlsbad LCPA No. 3-03De Minimis September 8,2003 Page 2 4 #rrs: *.j 4 w a t.+ 4 3 The City &&l resolutions that approve and convey the proposed de minimis LCP amendment are attached. The amendment was properly noticed through newspaper publication and direct mail and there are no known interested parties. The amendment request (LCPA #2-03) was received in the Commission office on June 27,2003 and includes three separate components. The subject component was renumbered as LCPA #3-03 and is being processed as a de minimis LCP amendment. Following is a summary of the proposed changes along with a brief explanation of the purpose for or intent of the change and a reason why it is de minimis pursuant to Section 30514 of the Coastal Act. DISCUSSION In 1996, the California Coastal Commission approved LCPA 95-01, which adopted the City’s Second Dwelling Unit Ordinance as implementing zoning and added affordable housing policies to the City’s six LCP segments to encourage and enable the development of affordable housing (including second dwelling units) in the coastal zone. The certified ordinance allows second dwelling units within all single-family and multi- family zones (which are developed with single family residences) subject to approval of a discretionary Minor Coastal Permit and/or a discretionary Second Dwelling Unit permit by the Planning Director. Consistent with State Government Code Section 65852.2, the proposed amendment adds a new zone code Section 21.201.085, Minor Coastal Permits for Second Dwelling Units, which clarifies the permitting process (Minor Coastal Permit only, with no public hearing or local appeal rights) for second dwelling units in the Coastal Zone. Decisions on permits for second dwelling units in the Commission appeals area would remain subject to appeal to the Coastal Commission. In that the amendment only modifies the permit procedures for second dwelling units proposed in the coastal zone and does not change the substantive review standards for a second dwelling unit, the amendment is adequate to carry out the certified land use plan. The proposed de minimis changes do not change land uses or have any potential for impact to coastal resources. All proposed de minimis modifications are consistent with Chapter 3 of the Coastal Act. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. Instead, the CEQA responsibilities are assigned to the Coastal Commission and the Commission’s LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 2 1080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Carlsbad LCPA No. 3-03/De Minimis September 18,2003 Page 3 Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform with CEQA provisions. In the case of the subject LCP amendment request, the Commission finds that approval of the de minimis LCP amendment, as submitted, would not result in significant environmental impacts under the meaning of the California Environmental Quality Act. Therefore, the Commission finds that there are no feasible alternatives under the meaning of CEQA which would reduce the potential for such impacts which have not been explored and the de minimis LCP amendment, as submitted, can be supported. DETERMINATION The Executive Director determines that the City of Carlsbad LCP amendment is de minimis. Based on the information submitted by the City, the proposed LCP amendment will have no impact, either individually or cumulatively, on coastal resources. It is consistent with the policies of Chapter 3 of the Coastal Act. The amendment does not propose any change in land use or any change in the allowable use of property. The City has properly noticed the proposed amendment. As such, the amendment is de minimis pursuant to Section 30514(d). MOTION: I move that the Commission concur with the Executive Director's determination that the LCP amendment, as submitted, is de minimis. STAFF RECOMMENDATION: The Executive Director recommends that the Commission concur in this determination. Unless three or more members of the Commission object to this determination, the amendment shall become effective and part of the certified LCP ten (10) days after the date of the Commission meeting. (G:\San Diego\ReporIs\LCP's\CarlsbadCAR LCPA 3-03 2ND UNITS.doc)