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Home My WebLink AboutLCPA 95-06; Appellate Procedures; Local Coastal Program Amendment (LCPA) (2)/- I April 1, 1996 Ms. Deborah Lee California Coastal Commission 31 11 Camino Del Rio North, Suite 200 San Diego, CA 921 08-1 725 SUBJECT: APPLICATION FOR A LOCAL COASTAL PROGRAM AMENDMENT - LCPA 95-06 - APPELLATE PROCEDURES Dear Ms. Lee: Enclosed is the City of Carlsbad’s completed application to amend it’s Local Coastal Program (LCP). Specifically, this application includes a request to amend the City’s Zoning Ordinance, which is the implementing ordinance for Carlsbad’s six Local Coastal Program segments, to allow individual members of the City Council to appeal decisions of the Planning Commission, Design Review Board and Planning Director to the full City Council and to modify the specific appeal procedures. This LCP amendment is necessary to ensure consistency between the City’s amended Zoning Ordinance and it’s LCP. The Carlsbad City Council approved this LCPA on March 19, 1996. The support documentation specified on the application checklist is enclosed. Should you require additional information or have any questions concerning the application, please contact me at (61 9) 438-1 161, extension 4445. -CHRIS DeCERBO Senior Planner CD: kr @ 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (61 9) 438-11 61 - FAX (61 9) 438-0894 , i March 31, 1996 California Coastal Commission San Diego Coast District 3111 Camino Del Rio North, Suite 200 San Diego, CA 92108 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT I. II. 111. IV. V. VI. JURISDICTION CITY OF CARLSBAD - LCPA 95-06 SEGMENT? The City's Zoning Ordinance, which is the implementincr ordinance for the Citv's six Local Coastal Program Segments including: Mello I, Mello II, Aqua Hedionda. Redevelopment Area, East Batiauitos Laqoon/Hunt Prooerties, and West Baticruitos Laaoon/Sammis Properties, is proposed for amendment. TYPE OF AMENDMENT SUBMlllAL (check) A) LUP - 6) ZONING - X C) LCP (Land Use & Zoning) - LCP STATUS Y/N, DATE A) LUP CERTIFIED See Attachment "A" 6) ZONING CERTIFIED See Attachment "A8 C) D) ZONING OF COMM. ACTION ON SUGGESTED MODIFICATIONS NO PRIOR COMMISSION ACTION ON THIS S UBM ITAL? NO SUMMARY OF AMENDMENT PROPOSAL See Attachment "B" COMMISSION OFFICE USE ONLY: AMENDMENT # DATE RECEIVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION: A , AWM -9 D -I Date PROJECT PLANNER For information regarding this application, please contact Chris DeCerbo, Senior Planner at 438-1 161, ext. 4445. LCPA SUBMllTAL REQUIREMENTS -- CHECKLIST 1. Council Resolution - signed and dated indicating City intends to administer LCP consistent with the Coastal Act and indicating date LCPA will take effect. X (COPV Enclosed NOTE: All amendments take effect immediately upon Coastal Commission approval unless other-wise stated. 2. 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. - If map change, submit replacement map. A discussion of amendments relationship to and effect on other sections of the previously certified LCP. 3. 4. Zoning measures that will implement the LCPA. 5. Affect on public access (only for area between first public road and the Coast). 6. An analysis of potentially significant adverse cumulative impacts on coastal resources. 7. Copies of environmental review documents. 8. Summary of measures to ensure both public and agency participation. List of public hearing dates A Notice of interested parties Mailing list N/A Comments N/A Responses to comments All staff reports plus attachments. 9. X (COPV Enclosed) X (See Attachment "C") X (See Attachment "C") X (See Attachment "C") X (See Attachment "C") X (See Attachment "D") X (See Attachment "C" and Enclosed Copies) X (Cop Enclosed) AlTACHM ENT "A" Mello II Agua Hedionda Village Redevelopment Area East Batiquitos Lagoon 11 SEGMENTSTATUS I Yes 1981 Yes 1982 Yes 1988 Yes 1988 SEGMENT 9) Zoning Certified I Y/N I DATE *I Mello I No ---- IIA) LUP Certified 1 ---- Mello I1 No Agua Hedionda No ---- Village Redevelopment Area Yes 1988 I Mello I ~~ West Batiquitos Lagoon 1 Yes I 1980 No ---- West Batiquitos Lagoon I Yes I 1985 -1EastBatiqiitos Lagoon I No I ATTACHMENT "B" This proposed LCP Amendment is an amendment to the City's Zoning Ordinance, which is the implementing ordinance for the City's Local Coastal Program segments. The amendment to the City's Zoning Ordinance includes the following: APPELLATE PROCEDURES This amendment incorporates provisions throughout the zoning ordinance to allow individual members of the City Council to appeal decisions of the Planning Commission, Design Review Board or Planning Director to the full City Council. The zoning ordinance currently does not clearly indicate that individual City Council members have appeal rights. This revision would enable individual City Council members to have specific appeal rights which would be subject to the same appeal procedures required of other appellants. The appeal procedures would also be modified to: (1) add a new requirement that the written appeal include the specific stated reasons for the appeal so as to provide a focus for the decisionmaker's consideration of the appeal and (2) newly assigns the burden of proof to the appellant with regard to the presentation of specific evidence that the lower decision was in error or in violation of law. ATI‘ACHMENT “C“ 3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP This proposed amendment to the implementing ordinance of Carlsbad’s LCP will revise the City’s appeal procedures relative to discretionary permits. However, the revised City appeal procedures will have no effect upon other sections of Carlsbad’s LCP. All development proposals within the Coastal Zone shall be required to comply with the applicable development standards, policies and provisions of the respective LCP segments. 4. ZONING MEASURES THAT WILL IMPLEMENT THE LCP The Zone Code Amendment (ZCA 95-06 - Appellate Procedures) that is the implementing ordinance for this LCPA was approved on March 19, 1996. 5. AFFECT ON PUBLIC ACCESS This proposed LCPA is not affiliated with any specific development project or development standards revision. In that it deals only with a revision to project appeal procedures within the City, there will be no affect on public access. 6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON COASTAL RESOURCES This amendment to City appeal procedures will have no significant adverse cumulative impacts on coastal resources. All projects processed within the Coastal Zone shall be required to comply with all applicable LCP development standards, policies and provisions, especially those dealing with the protection and/or preservation of coastal resources. 8. SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPATION This Zone Code Amendment/Local Coastal Program Amendment (ZCA 95-06/LCPA 95-06) was heard before and approved by Carlsbad Planning Commission and City Council as follows: Planning Commission - November 15, 1995 City Council - March 19, 1996 LCPA 95-06 has undergone a six (6) week public review period (September 7, 1995 - October 19, 1995). During the public hearings there was no opposition presented by the public. comments were submitted during the LCPA review period. No PUBLIC HEARING DATES: PLANNING COMMISSION - NOVEMBER 15,1995 CITY COUNCIL - MARCH 19,1996