HomeMy WebLinkAboutLCPA 95-06; Appellate Procedures; Local Coastal Program Amendment (LCPA) (3)STATE OF CALIFORNIA-THE RESOURCES AGENO PETE WILSON, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
SAN DIEGO, CA 92108-1725
(619) 521-8036
Date: May 23, TO: Commissioners and Interested
Persons
FROM: Chuck Damm, District Director
Deborah Lee, Assistant District Director
Lee McEachern, Coastal Planner
SUBJECT: PROPOSED MINOR AMENDMENT (#3-96) TO THE CITY OF
CARLSBAD LOCAL COASTAL PROGRAM
The City of Carlsbad is requesting that its certified Local Coastal Program Implementing
Ordinances be amended. This amendment was filed on April 9,1996 pursuant to Section
30514(c) of the Coastal Act and Section 13553 of the Commission’s Code of
Regulations. Due to the timing of the LCPA submittal and other constraints, on May 7,
1996, the Commission voted to extend the 60-day time limit to act on the LCP
amendment for a period not to exceed one year.
Des- ..
The subject request is to amend the City’s Zoning Ordinance, which comprises the
implementing ordinances for the City of Carlsbad’s six LCP segments. The amendment
request has two main components. The first component involves revisions pertaining to
local appellate procedures (locally titled as LCPA 95-06) that will 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. In addition, this request
will also modify appeal procedures to require that all appeals include a specific stated
reason for the appeal so as to provide a focus for the decision makers and a requirement
that the burden of proof as to why the lower decision was in error be assigned to the
appellant. Currently, the City’s Implementing Ordinances do not clearly indicate that
individual City Council members have appellate rights of “lower” discretionary
decisions. The proposed 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 proposed amendment will serve to clarify local appeal procedures
only and will have no effect on coastal development permit appeal procedures.
The second component of this amendment request (locally titled as LCPA 95- 12)
involves a revision which will limit accessory structures within residential zones to one-
story and a maximum height of 14 feet (if a minimum roof pitch of 3: 12 is provided) or a
maximum of 10 feet (if less than a 3: 12 roof pitch is provided). Also included is a
Carlsbad LCPA No. 3-96Mnor
May 23,1996
Page 2
revision to the definition of “accessory” and the addition of a definition for “common
wall”. The proposed height limit restriction will apply to all residential accessory
structures regardless of whether it is habitable or non-habitable or whether it is located in
a lot’s buildable area or setback area. As proposed, the revision pertaining to residential
accessory structures addresses local privacy issues and should reduce the potential for any
public view impacts or impacts on any other coastal resources. As such, it can be found
consistent with and adequate to carry out the certified land use plans of the City’s various
LCP segments.
Procedure
Section 13554 (a) defines a minor amendment as changes in wording which make the use
as designated in the zoning ordinances, maps or other implementing actions more specific
and which do not change the kind, location, intensity or density of use and are consistent
with the certified land use plan. Pursuant to Section 30514 (c) of the Coastal Act and
Section 13554 (a) of the Commission’s Code of Regulations, the Executive Director has
determined that the proposed amendment is “minor” in nature because it only involves
clarification of local procedures relative to appeals and limits accessory building heights
to address local privacy issues and does not change the kind, location, intensity or density
of use or modify the resource protection measures for any area or property.
Pursuant to Section 13555, the Executive Director will report this determination to the
Coastal Commission at the following date and location:
DATE and TIME: June 13,1996 LOCATION: Marin County
9:00 a.m. Board of Supervisors Chambers
Administration Bldg., Room 322
Marin County Civic Center
San Rafael, CA
At that time, any objections to this determination, received within ten days of the
transmittal of this notice, will also be reported to the Commission. This proposed minor
amendment will be deemed approved unless one-third of the appointed members of the
Commission request that it be processed in accordance with Section 13555 (b) of the
Code of Regulations as a major amendment. The minor amendment would then become
effective ten days fiom the date the Commission concurs with the Executive Director’s
designation.
If you have any questions or need additional information regarding this proposed
amendment, please contact Lee
“minor” amendment determination must be received within ten working days of the date
of this notice or no later than 5:OO p.m. on Monday June 10, 1996.
at the above office. Any objections to the