HomeMy WebLinkAboutLCPA 99-03; Buerger Subdivision; Local Coastal Program Amendment (LCPA) (4)-.
City of .) Carlsbad
0 D-0,
August 6,2001
California Coastal Commissioners
Subject: Waiver of time limit for Carlsbad LCP Amendment No. 1-2001 (B and C).
The City of Carlsbad hereby protests the Commission’s staff request to extend the 60-
day time limit to take action on the requested amendment. 530517 (PRC) and 513535
(Code of Regulations) state that the Commission may for good cause extend the time
limit for a period of not to exceed one year, after consultation with the local
government .... To set the record straight, the Commission staff did not consult with
Carlsbad. Instead the staff merely informed the City of its recommendation.
Furthermore, as justified below, there is no “good cause” for such extension.
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The LCP amendment is to change the existing Limited - Control (L-C) zoning on
two properties to become consistent with both the land use designations of the
General Plan and the certified LCP Land Use Plan.
The projects proposed on the two properties are fully consistent with the certified
LCP (land use and implementation).
The two properties are far from any wetlands and are within the LCP’s Coastal
Agricultural Overlay, which allows conversion to urban uses with proper
mitigation. The projects have been conditioned to mitigate this conversion.
The properties are located within an existing and developing residential
neighborhood.
There are no habitat issues on either property.
Fire suppression on the Buerger property is accomplished entirely on-site and on
manufactured slopes (no habitat is involved). Fire suppression zones are not
required on the Tabata property.
Referring to my letter regarding Manzanita Apartments, Commission staff has
erroneously interpreted the L-C zone as requiring a comprehensive plan before a
re-zone. The Commission has already approved numerous re-zones of L-C
zoned properties in the area (Price Club/Costco, Villa Loma, DeJong, Ocean
Bluff, Roesch, Hadley, Carnation, Lohf and Steiner).
Summary: The City was not consulted in this matter. The City doesn’t want the time
extension. The City doesn’t believe that there is just cause for a time extension and we
do not waive our right to a hearing. However, the City realizes that the Commission
cannot take action on LCPA No. 1-2001 (Band C) within the prescribed 60- days.
Therefore, the City requests that the Commission deny the staff recommendation
and direct staff to schedule the LCPA for the next available meeting.
Sin ely, &* Gdry E. Wafie
Assistant Planning Director
1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 FAX (760) 602-8559 www.ci.carlsbad.ca.us @