The URL can be used to link to this page

Home My WebLink AboutLCPA 96-01; Hillside Development Ordinance; Local Coastal Program Amendment (LCPA) (2)February 27,1998 Ms. Deborah Lee California Coastal Commission Suite 200 3 1 1 1 Camino Del Rio North San Diego CA 92108-1725 SUBJECT: LCPA 96-01 - HILLSIDE DEVELOPMENT ORDINANCE APPLICATION FOR A LOCAL COASTAL PROGRAM AMENDMENT Dear Ms. Lee: Enclosed is the City of Carlsbad’s completed application to amendment it’s Local Coastal Program. Specifically, the Carlsbad City Council recently approved a Zone Code Amendment (ZCA) and a Local Coastal Program Amendment (LCPA) to amend the City’s Hillside Development Ordinance and Uses Generally Chapters 21.95 and 21.53 of the Carlsbad Municipal Code. In that the California Coastal Commission has not previously adopted the City’s original Hillside Development Ordinance, the LCPA is necessary to ensure consistency between Carlsbad’s amended Municipal Code and it’s Local Coastal Program. The Carlsbad City Council approved this LCPA and corresponding ZCA in February of 1998. I would like to point out that the ZCA includes a provision (Section 21.95.120 (A)) stating that “all hillside development processed pursuant to this Chapter shall be consistent with all applicable provisions and policies of the certified Local Coastal Program(s) and shall not result in significant adverse impacts to coastal resources.’’ The amendment is not expected to impact other sections of Carlsbad’s certified LCP. Most of the support documentation specified on the application checklist is enclosed The final ordinance and City Council resolutions will be submitted when signed. Should you require additional information, or have any questions concerning the application, please contact me at (760) 438-1 161, extension 4445. Sincerely, CHRIS DeCERBO Principal Planner CD:kc Attachment 2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (760) 438-11 61 FAX (760) 438-0894 @ Date California Coastal Commission 31 11 Camino del Rio North, #200 San Diego, CA 92108-1725 I. II. 111. IV. v. APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT JURISDICTION: C1lY OF CARLSBAD The Hillside Development Ordinance and Uses Generally (Chapters 21.95 and 21 53) of the City's Municipal Code, which is one of the implementing ordinances for the C~S six Local Coastal Program Segments including: Mello I, Mellow II. Agua Hedionda, Redevelopment Area, East Batiquitos LagoodHunt Properties, and West Batiquitos LagoodSarnmis Properties, is proposed for amendment. TYPE OF AMENDMENT SUBMITTAL (CHECQ A) LUP 6) Zoning X C) LCP (Land Use and Zoning) LCP SEGMENT STATUS A) LUP Certified B) Zoning Certified C) D) Status of CCC action on Prior CCC action on this suggested modifications submittal SUMMARY OF AMENDMENT PROPOSAL See Attachment 'B' COMMISSION OFFICE USE ONLY Yes/No - Date See Attachment 'A' See Attachment 'A' no no AMENDMENT NO. DATE RECEIVED - ~ DATE FILED COMM. HEARING AGENDA COMM. ACTION A. I AWA I A. I DATE 2075 Las Palmas Drive - Carlsbad. California 92009-4859 - (619) 438-1 161 1. 2. 3. 4. 5. 6. 7. 8. 9. LCPA SUBMITTAL REQUIREMENTS - Council Resolution - signed and dated indicating City intends to administer LCP consistent with the Coastal Act and indicating date LCPA will take effect. NOTE: All amendments take effect immediately upon Coastal Commission approval unless otherwise stated. A reproducible copy of Council adopted LCPA 0 If new text indicates where it fits into certified text. 0 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. Ix) List of public hearing dates 0 Notice of interested parties 0 Mailing list 17 Comments 0 Responses to comments All staff reports plus attachments. I- CHECKLIST X (Copv Enclosed) X (Copv Enclosed) X (See Attachment “C”) X (See Attachment “C”) X (Sei Attachment “C”) X (See Attachment “C”) X (Cow Enclosed) X (See Attachment “C”) X (Cow Enclosed) ATTACHMENT “A” SEGMENT STATUS SEGMENT Y/N DATE A) LUP Certified Mello I Yes 1980 Mello II Yes 1981 I Agua Hedionda 1 Yes I 1982 Village Redevelopment Area Yes 1988 East Batiquitos Lagoon Yes 1988 I West Batiquitos Lagoon 1 Yes 1 1985 B) Zoning Certified I Mello I I Yes I 1996 Mello II Yes 1996 Agua Hedionda No .- Village Redevelopment Area Yes 1988 East Batiquitos Lagoon Yes 1996 West Batiquitos Lagoon Yes 1996 ATTACHMENT "Bl' This proposed LCPA is an amendment to the Hillside Development Ordinance and Uses Generally (Chapter 21.95 and 21.53) of the Carlsbad Municipal Code. In that the California Coastal Commission has not previously adopted the City's Hillside Development Ordinance, this application is a request to adopt the City's Hillside Development Ordinance as amended. This LCPA is necessary to ensure consistency between Carlsbad's amended Municipal Code and it's Local Coastal Program. The amendments to the Hillside Development Ordinance include the following: 1. 2. 3. 4. 5. 6. 7. Exempt: a) the development of a single family residence on a residential lot and b) the additional development of manufactured slopes on a single lot from having to process a Hillside Development Permit. These exemptions would still be required to comply with the Hillside Development and Design Standards and would be evaluated for compliance during grading plan/building plan review. Allow for the limited development of manufactured slopes subject to new manufactured slope development standards. Establish a new slope edge building setback standard to encourage the development of multiple storied buildings that step away from a downhill slope. Require the contour grading of all manufactured slopes that are greater than 20 feet in height and 200 feet in length which are located adjacent to or are substantially visible from major roads or useable public open space areas. Allow manufactured slopes to be developed to a maximum height of 40 feet for the purpose of providing more open space separation between residential structures which are terraced along a hillside. The existing standard limits manufactured slopes to a maximum height of 30 feet. Allow for limited development of natural slopes with gradients of greater than 40% by defining an undevelopable natural slope as having all of the following characteristics: a) a gradient of greater than 40%' b) an elevation differential of greater than 15 feet, c) a minimum area of 10,000 square feet, and d) the slope comprises a prominent land form feature. Similar to Circulation element Roads, exempt collector streets from the development standards of the Hillside Ordinance. - ATTACHMENT "C" 3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP This amended Hillside Development Ordinance will function as one of the implementing ordinances for Carlsbad's LCP. The amended Ordinance includes a new provision (Section 21.95.120 (A)) which specifies that all hillside development processed pursuant to the Ordinance shall be consistent with all applicable provisions and policies of the certified Local Coastal Program(s) and shall not result in significant adverse impacts to coastal resources. Accordingly, this amendment is not expected to impact other section of Carlsbad's certified LCP. 4. ZONING MEASURES THAT WILL IMPLEMENT THIS LCPA A Zone Code Amendment (ZCA 96-04), which is the implementing ordinance for this LCPA, was approved by the Carlsbad City Council on February 17,1998. 5. AFFECT ON PUBLIC ACCESS This proposed LCPA is not affiliated with any land use change, circulation standard/policy revision or development proposal and therefore will not affect public access to and from the coast. Any future project which is processed pursuant to this amended Hillside Development Ordinance 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 This proposed LCPA (Zone Code Amendment) is not anticipated to result in significant adverse cumulative impacts on coastal resources. As specified in this amended ordinance, any future project processed pursuant to this amended Hillside Development Ordinance shall be required to comply with all certified LCP provisions, especially those dealing with the protection of coastal resources. 8. SUMMARY OF MEASURE TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPATION The subject Zone Code Amendment (ZCA 96-04) and Local Coastal Program Amendment (LCPA 96-01) were approved by the City Council on February 17, 1998. During the Planning Commission hearing and City Council hearing there was testimony from representatives of the development community suggesting some minor modifications. At the City Council a few people, mostly from the City of Encinitas, spoke in opposition to the proposed revisions. The proposed LCPA (96-01) has undergone a six (6) week public review period (March 14, 1996 - April 26 1996). No comments were received during this public notice period. CITY COUNCIL PUBLIC HEARING DATE: February 17, 1998