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HomeMy WebLinkAboutLCPA 91-02; Poinsettia Shores Master Plan; Local Coastal Program Amendment (LCPA) (5)STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Gonmor CALIFORNIA COASTAL COMMISSION SAN DIEGO, CA 92108-1725 September 1, 1994 *aFPP1?)QR"r)L a a L, L> c.. u I .w Uld SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 (619) 521-8036 SEP 0 6 1994 TO: COMMISSIONERS AND INTERESTED PERSONS FROM: PETER DOUGLAS, EXECUTIVE DIRECTOR SUBJECT: EXECUTIVE DIRECTOR'S DETERMINATION that the City of Carlsbad's actions, certifying Local Coastal Program Amendment 1-94 (Portion), are adequate to effectively certify its local coastal program amendment (for Commission review at its meeting of September 12-15, 1994) / BACKGROUND At its May 12, 1994 meeting, the Coastal Commission certified, with suggested modifications, the City of Carl sbad Local Coastal Program Amendment 1-94 (Portion) amending its certified land use plan and implementing ordinances for the City' s West Batiqui tos Lagoon/Sammi s Properties Local Coastal Program. This amendment, in part, revised the West Batiquitos Lagoon LCP to incorporate the Poinsettia Shores Master Plan. At the time of the hearing, the Commission adopted suggested policy revisions which addressed the provision of public acces.s along the north shore of Batiquitos Lagoon. An Executive Order of the Planning Director acknowledged and accepted all of the Commi ssion's suggested modifications for the West Batiqui tos Lagoon/Sammi s Properties segment. As provided for in Section 13544 of the Commission's Code of Regulations, the Executive Director must determine if the action of the City of Carlsbad is legally sufficient to finalize Commission review of this element of the LCP amendment. The City's actions have been reviewed and determined to be adequate pending the City Counci 1 's adoption of a resolution accepting the Commission's suggested modifications by the Executive Director. Section 13544 of the Commission's Code of Regulations then requires this determination be reported to the Commission for its concurrence. RECOMMENDATION Staff recommends that the Commission CONCUR with the Executive Director's determination as set forth in the attached letter (to be sent after Commission endorsement). (9719A) SEP-01-94 THU 08:43 Po 02/02 June 21., 1994 Deborah N. Lee Assistant District Direcror California Coastal Commission 3111 Camino Del Rio North, Suite 200 San Diego, CA 92108-1725 In response to your letter dated June 8, 1994, which contained the Co2stz.l Commission's modifications associared with the May 12, 1994 Commissioil approval of LCPA 91-02, the City hereby forrnaIly acknowledges receipt of the Co&ssior,'s resolution of certification. Ir! tddition, the City accepts ad agrees to implernenr: The modificct:ions made by the Coastal Cornmission. The City will immediately initiate the iext changes to the West 3r;riqtriros Local Coastal Program and the Poinsettia Shores Master Plan. Th2 City would like to be notified'of the Coastal Corrrmission hearing date w11m the. final ceriification of rhe LCP, and zchowkdgeikrit of City acceptance of nw6Xicxioiis, mkes place. Th2.n.k you for pur continued assistance in the, certificarion and k~2plei2eilta~iOIl of the Wzsr Batiquitos LCP, If you have any questions, or require City assistance regarding this I.CP, piczse coatac~ Eric Mutioz at (619) 438-1161 extension 4441. Sincerely, \' " I C: Gsry Wayme, Assistant Plam'ng Director Don Neu, Senior Planner Eric Munoz, ksociatc Planner Coastal Commission Procedures for Permits and Appeals Because the State Coastal Commission now issues all coastal permits for areas without UPS, it has developed new, streamlined procedures for considering these permits. Appli- cants should submit their permit applications at the appropriate office. regional commissions no longer exist, the state ?omission's workload has increased tremendously. neglecting important coastal issues. Because The following procedures are intended to speed up the process without IF YOU ARE AN APPLICANT: In most cases, your application will be reviewed by the district staff and placed on the state commission agenda for the earliest possible meeting. Staff will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. ADMINISTRATIVE CALENDAR: for projects which are minor new developments, additions to existing structures (not exceed- ing $~OO,OOO. in cost), units or less. The Coastal' Act requires that all administrative permits be reported to the Cornmission at its next meeting before they take effect. be reported on the administrative calendar. If four or more commissioners request that an item be held for public hearing, the project will be removed from the administrative calendar and scheduled for a public hearing and possible vote at the next regular com- mission meeting. and other interested parties may speak in opposition to the project or its conditions. Testimony is limited to 3 minutes for each side. Administrative permits may be granted by the executive director -_ - _._ single family residences, or multi-family projects of four Administrative permits will Conditions may be attached to an administrative permit. Applicants CONSENT CALENDAR: Projects considered by staff to be consistent with the Coastal Act ' but which do not qualify for the administrative calendar may be placed on the consent calendar. Projects on the consent calendar will be approved by the commission with a single vote for the entire calendar. off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meeting. Conditions may be attached to consent calendar permits. Opponents should tell the commission why the project is inconsistent with the Coastal Act. Three minutes will be allowed for each side to speak to the commission. several persons wishing to address an item, efforts should be made to consolidate pre- sentations in order to stay within the time-limits. Interested persons should check with the commission staff regarding subsequent hearings. If three or.more commissioners wish to pull an item Applicants who accept these conditions need not speak. If there are REGULAR CALENDAR PERMIT APPLICATIONS: Projects potentially inconsistent with the Coastal Act or which can be approved only with conditions for which there are no clear precedents will be placed on the regular calendar and will be considered after a full public hearing. Persons supporting or opposing the project should tell the commission why they think the project is or is not consistent with the Act. Testimony must address coastal act policies and environmental impacts of the project and should not be redundant. Each side is allotted 10 minutes, with the applicant speaking first and then the opposition. Spoken rebuttal is not allowed, but written rebuttal or other pertinent material may be submitted to the staff following the hearing. Projects on the regular calendar will normally be rescheduled for continued hearing and voting at the next regular commission meeting. On some projects, the staff may have enaugh information to make a preliminary recommen- dation for approval after the public hearing has been held. In that case, the commission 'may vote that day and not postpone the decision. When a staf,f recommendation is presented to the commission, both the applicant and opponents have five minutes each to comment on the recommendations. After the hearing is closed, the commission will discuss the matter and vote. -3- A - REQUEST FOR RECONSIDERATION: its previous action on a pen-t. 'a applicant may request that t commission reconsider The applicant must show that there is relevant new evidence which could not have reasonably been presented at the original hearing or that an error of fact or law occurred. Only the applicant and persons who participated in the original proceedings are eligible to testify. Testimony is limited to three minutes for each side. Should the commissioners vote to grant the reconsideration request, the matter will be scheduled for a public hearing-as if it were a new application. PERMIT AMENDMENTS: An applicant may apply for an amendment to a previously approved project. The amendment will be scheduled for a public hearing and any person may speak in support of or opposition to the amendment. side. Five minutes will be allotted to each PUBLIC HEARING PROCEDURES: If the item you are interested in speaking on is scheduled for a public hearing, you must fill out a "Request to Speak" form and give it to a staff person before the hearing starts. Sign-up forms will be available on a table at the back of the hearing room. Time limits for spoken testimony vary according to the three different calendars. Because of this limited time, applicants and opponents are encouraged to submit written commects to the commission office at least one week in advance of the hearing. Comments of up to two pages will be copied and forwarded to the commissioners by the staff. wish to submit lengthy comments, you must submit 20 copies to the commission office at least one week before the hearing. If you If it is convenient, you may also wish to bring 20 copies of your spoken testimony to the hearing for distribution to the commissioners. Speakers may use maps, slides, photographs, models, and other visual materials in their presentations to the commission. Since such materials become part of the public record on the permit, reproductions of the materials shown must be submitted to the commission staff before or during the commission meeting, or the originals will be retained by the commission for 60 days. A carousel slide projector and screen will be available at the meetings. WHEN WILL AN AGENDA ITEM BE HEARD: Commission will complete agenda items. Unfortunately, no one can predict how quickly the Each session begins at the time noted on the meet- ing notice. Each item is considered in the order listed, except in extraordinary cir- cumstances. The Commission will consider an item even thou'gh the interested persons are not present. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location for last- minute information. CAMPAIGN CONTRIBUTIONS: mission has adopted regulations (Sections 13025.1 and 13045) prohibiting a Commissioner To ensure the integrity of the permit process, the Coastal Com- - from voting on a permit matter if he or she has received a campaign contribution from an interested party. speaker slip and/or in your testimony, if you have made campaign contributions in excess of $250- to any Commissioner within the last year, and if so, to which Commissioner you con- tributed. HOW MANY VOTES DOES IT TAKE TO APPROVE AN APPLICATION? Each permit must be approved by a majority of the commissioners who are authorized to vote and who are present in the room. A11 permits on the consent calendar wixl be voted upon at one time with just one motion and one roll call. If you intend to speak on a permit matter, please indicate on your PUBLIC RECORDS: Public records on matters before the commission will be available for inspection at the meeting and at other times in the commission office. staff reports will also be available at the meeting. ACCESS TO HEARINGS: Extra,copies of Commission meetings are in centralized locations and are accessible to persons with disabilities. -4-