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HomeMy WebLinkAboutLCPA 98-06; Manzanita Apartments; Local Coastal Program Amendment (LCPA) (2)r City of Carlsbad T July 6,2001 Sara Wan, Chairperson California Coastal Commission Subject: Carlsbad Major LCP Amendment No. I -2000E (Manzanita Apartments) Chairperson Wan: On July 13,2001 the Commission will consider the above referenced amendment. Your staff is recommending denial of the amendment. Unfortunately the recommendation is based upon some faulty analysis and erroneous assumptions. The City respectfully requests that the Commission reject the staff recommendation and approve LCPA No. 1- 2000E because it fully implements the certified LCP Land Use Plans. LCP/LUP, General Plan and Zoning Consistency: The project site is composed of two properties. The northerly property is known as the “Bons” property deriving its name from the previous owner. The Bons property is located within the certified Mello II segment. Both the LCP/LUP and the City’s general Plan designate the entire property for residential medium (RM) density uses (4 to 6 dwellings per acre). The southerly property is known as the Dunn property, also deriving its name form the previous owner. The Dunn property is located entirely within the certified Mello I segment. Both the certified LCP/LUP and the City’s General Plan designate the entire site for RM residential uses over most of the property with a small western section designated residential low-medium (RLM) density (0 to 4 dwellings per acre). §65860 of the Government Code requires zoning ordinances to be consistent with the General Pian. The proposed rezone from L-C to RDM-Q is intended to bring about this consistency. The General Plan and the certified LUP’s are consistent with one another. The proposed RDM-Q zone is the zoninq district that implements the RM land use designation for the General Plan as well as the certified Implementation of both LCP segments. Pursuant to 53051 3 of the Coastal A&, the Commission may only reject the implementing actions on the grounds that they don’t conform with, or are inadequate to carry out the provisions of the certified LUP. This is certainly not the case here. Standard of Review As noted above, the Manzanita project is located on two properties and within two certified LCP segments. Any development proposal (such as the Manzanita Apartment project) must comply with the certified LCP implementing ordinances. These include Chapters 21.201 (Coastal Development Permit Procedures), 21.203 (Coastal Resource Protection Overlay Zone - Mello It) and 21.205 (Coastal Resource Overlay Zone Mello I LCP Segment). Therefore, resource protection regulations are in place and pertain to the property that is the subject of the LCP amendment. LCPA No. 1-2000E is fully in conformance with these coastal resource protection regulations. 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 6024600 FAX (760) 602-8559 www.ci.carlsbad.ca.us I LCPA NO. 1-2000E Page 2 L-C Zoning District Your staff has made an incorrect interpretation of the L-C zone. The L-C zone is applied to property that is annexed into the City without an associated development proposal. The City’s Sphere of Influence was established by LAFCO in 1977. At that time, The City’s jurisdiction contained numerous Tounty Islands”. In 1980/81 when Mello I 8, II were certified, the Dunn property had County zoning. In 1985 the County requested that the City annex all of the County Islands. As part of the procedure, the City did a pre- annexational zone change. Since there were so many properties involved, the City simply re-zoned all of the properties L-C. There is no requirement nor implication that comprehensive planning must occur before the L-C zone can be changed to a zone that better implements the City’s General Plan (and LCP’s). The only requirement prior to a zone change is that plans be formalized by the processing of a development permit. Manzanita Apartments has fulfilled this requirement by processing a Site Development Permit for the project. The Need for a Future LCP Amendment The staff report sets as a basis for denial the need for comprehensive planning through a future LCPA. The City understands that approval of its Habitat Management Plan (HMP) in the Coastal Zone will require an amendment to the LCP. If the City and the Commission can come to agreement on the HMP and the warding of a possible LCPA, the City is prepared to process that amendment along with the approval of the HMP. The Manzanita project is not dependent on the HMP because the Corps of Engineers has already issued a 404 permit, which includes a USFWS biological opinion of no jeopardy. The Commission has already established a precedent of approving L-C zone changes in advance of the HMP (e.g.Dejong, Hadley, Tabata, Ocean Bluff, Roesch). Therefore, this project should not be held up pending an amendment that may or may not happen. Conclusion The Manzanita Apartment project is an excellent residential project. It preserves over 75% of the property in high quality habitat. It provides affordable housing in the coastal zone and near Carlsbad’s central employment corridor. It is near schools, services and it would be located on one of the City’s main transportation corridors. Please reject your staffs recommendation and approve LCPA No. 1-2000E Thank you for your consideration in this matter. Asskant Pknnin/g Director