HomeMy WebLinkAboutLCPA 99-05; Steiner Property; Local Coastal Program Amendment (LCPA) (8)_- - -
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STATE OF CALIFORNIA - THE RESOURCES AGENCY a, GRAY DAMS. Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE, SUITE 103
SAN DIEGO, CA 921084402
(619) 767-2370
July 26,2000\
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO
BILL PONDER, COASTAL PROGRAM ANALYST
SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MELLO I1
LCP SEGMENT MAJOR AMENDMENT NO. 1-2000A(Steiner) (For
Public Hearing and Possible Commission Action at the Meeting of
August 8-11,2000)
SYNOPSIS
SUMMARY OF AMENDMENT REOUEST
The subject amendment request revises the certified Mello 11 Implementation Program.
The request rezones a 3-acre parcel (Steiner) from Limited Control (L-C) to One-Family
Residential (R-1-7,500-Q). On March 16,2000, the City of Carlsbad's proposed Local
Coastal Program Amendment (LCPA) #1-2000 was received in the San Diego District
office. The amendment package contained four other LCPAs to amend the certified
Carlsbad LCP implementation program. At the July, 2000 meeting, a time extension on
the LCP amendment package was granted by the Commission at the request of
Commission staff due to agenda workload. The Steiner amendment is going forward at
the August, 2000 hearing at the request of the City of Carlsbad.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending approval of the proposed amendment as submitted. The Steiner
rezone is consistent with the certified Mello 11 LUP in that the rezone would not allow a
greater density on the site than the certified Residential Medium (RM 4-8 du/ac) land use
designation would allow and no adverse impacts to sensitive resources would occur as a
result of the amendment.
The appropriate resolutions and motions can be found on Page 3. The findings for
approval of the implementation plan amendment begin on Page 4.
BACKGROUND
The City's certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos Lagoon/Sammis Properties, East Batiquitos
LagoodHunt Properties and Village Redevelopment. Pursuant to Sections 30170(f) and
30171 of the Public Resources Code, the Coastal Commission prepared and approved
two portions of the LCP, the Mello I and II segments in 1980 and 198 1 , respectively.
Cmlsbad LCPA 1-2000A
Page 2
The West Batiquitos Lagood Sammis Properties segment was certified in 1985. The
East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village
Redevelopment Area LCP was certified in 1988; the City has been issuing coastal
development permits there since that time. On October 21, 1997, the City assumed
permit jurisdiction and has been issuing coastal development permits for all of its
segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as
a deferred certification area until an implementation plan is certified. The subject
amendment request affects the Mello 11 segment of the LCP.
ADDITIONAL INFORMATION
Further information on the submittal may be obtained from Bill Ponder at the San Diego
Area Office of the Coastal Commission at 7575 Metropolitan Drive, Suite 103,
San Diego, CA 921084402, (619) 767-2370.
Carlsbad LCPA 1-LOOOA
Page 3
PART I. OVERVIEW
A. STANDARD OF REVIEW
The standard of review for LCP implementation submittals or amendments is their
consistency with and ability to carry out the provisions of the certified LUP. Pursuant to
Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or
other implementing actions, as well as their amendments, on the grounds that they do not
conform with, or are inadequate to carry out, the provisions of the certified land use plan.
The Commission shall take action by a majority vote of the Commissioners present.
B. PUBLIC PARTICIPATION
The City has held both Planning Commission and City Council hearings with regard to
the subject amendment request. Each of these local hearings were duly noticed to the
public. Notice of the subject amendment has been distributed to all known interested
parties.
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolution and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to the resolution.
A. RESOLUTION I. (Resolution to approve certification of the City of Carlsbad
Mello II Implementation Plan Amendment #1-2000A [Steiner
subdivision], as submitted)
MOTION I
I move that the Commission reject the City of Carlsbad Mello 11 Implementation Plan
Amendment #1-2000A [S teiner subdivision], as submitted.
Staff Recommendation
Staff recommends a mvote and the adoption of the following resolution and findings.
An affirmative vote by a majority of the Commissioners present is needed to pass the
motion.
Resolution I
The Commission hereby amroves certification of the implementation amendment to
the City of Carlsbad’s Local Coastal Program on the grounds that the amendment does
conform with, and is adequate to carry out, the provisions of the certified land use plan.
There are no feasible alternatives or feasible mitigation measures available which
would substantially lessen any significant adverse impacts which the approval would
have on the environment.
Carlsbad LCPA 1 -2000A
Page 4
PART lII FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD
AS SUBMITTED
MELLO II IMPLEMENTATION PLAN AMENDMENT #1-2000A,
1. AMENDMENT DESCRIPTION/ STEINER REZONE
The amendment changes the LCP implementation plan by rezoning a 3-acre parcel
(Steiner) from Limited Control (LC) to One-Family Residential (R-1-7,500-4). The
amendment is associated with a specific project proposal currently under review by the
City to subdivide the infill site into nine single-family lots which vary in size from 9,180
square feet to 24,430 square feet. The project site is located on the north side of Poinsettia
Lane, 200 feet west of El Camino Real, and east of proposed Skimmer Court. The
project is bordered to the north by native habitat (Manzanita Partners), to the east by a
single family residential home (Saska Residence), to the south by proposed Poinsettia
Lane, and on the west by Skimmer Lane and proposed single family residential
development as a part of the Lohf Subdivision. Access to the project site is via Skimmer
Court from the adjacent Lohf Subdivision, which takes access from Poinsettia Lane.
Topographically, the site slopes gently downward to the southeast with elevations
ranging from 290 feet to 260 feet above mean sea level. The site has a single family
home and pool on the western portion of the property which will be removed for the
development. The property has been disced and used for agricultural purposes in the past
and has no habitat value. The site is not subject to the agricultural preservation policies
of the Carlsbad LCP because it was not included in the certified agricultural overlay
zone.
The subject site is located within the non-appealable area of the City’s coastal
development permit jurisdiction.
a) Pumose and Intent of the Ordinance. The purpose and intent of the R-1-7500-
Q zone (One-Family Residential Zone) is to allow for single family detached homes and
associated structures with a minimum lot size of 7,500 sq.ft.. The LC zone designation
is given to annexed properties and is an interim zone for areas where planning for future
land uses has not been completed or plans of development have not been formalized. The
proposed R-1 zone is also compatible with the existing adjacent residentially zoned
properties and probable future residential zones of the adjacent L-C zoned properties.
b) Major Provisions of the Ordinance. The amendment provides for the change
of zoning of the identified parcel from L-C to R-1. The R-1 zone allows single family
detached homes and associated structures, sets a 35 foot height limit, and establishes
development standards for setbacks, placement of building and minimum lot area.
Additional development standards for this zone include provisions for the type of garage
required (Le. two-car) and that each residence has a permanent foundation. Other
requirements pertain to the composition of exterior siding of residences, specifications
regarding roof pitches and minimum width of residences.
Carlsbad LCPA I-LOOOA
Page 5
c) Adeauacv of Ordinance to Implement the Certified LUP. The standard of review for LCP implementation submittals or amendments is their consistency with and
ability to carry out the provisions of the certified Land Use Plan (LUP). In the case of the
subject LCP amendment, the City’s Municipal Code serves as the Implementation
Program for the Mello II segment of the LCP.
Policy 4-3 of the certified Mello II LCP states, in part:
(b) AllOtherAreas
Any development proposal that affects steep slopes (25% inclination or
greater) shall be required to prepare a slope map and analysis for the affected
slopes. Steep slopes are identified on the PRC Toups maps. The slope
mapping and analysis shall be prepared during CEQA environmental review
on a project-by-project basis and shall be required as a condition of a coastal
development permit.
(1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and
Chaparral Plant communities: For those slopes mapped as possessing
endangered plantlanimal species and/or coastal sage scrub and chaparral plant
communities, the following policy language applies:
(a) Slopes of 25% grade and over-shall be preserved in their natural state
unless the application of this policy would preclude any reasonable use of the
property, in which case an encroachment not to exceed 10% of the steep slope
area over 25% grade may be permitted. For existing legal parcels, with all or
nearly all of their area in slope area over 25% grade, encroachment may be
permitted; however, any such encroachment shall be limited so that at no time
is more than 20% of the entire parcel (including areas under 25% slope)
permitted to be disturbed from its natural state. This policy shall not apply to
the construction of roads of the City’s Circulation Element or the development
of utility systems. Use of slopes over 25% may be made in order to provide
access to flatter areas if there is no less environmentally damaging alternative
available.
The property is void of steep slope (25%+) areas or native vegetation. However, the
adjacent site to the north, Manzanita Partners, has been identified as having
environmentally sensitive habitat in the form of sensitive plant and animal species. The
City found that although direct impacts will not occur, indirect impacts to the California
gnatcatcher due to construction activity on the Steiner site may occur to gnatcatchers on
the Manzanita site. A mitigation measure was approved requiring a survey for the
presence of the California gnatcatcher prior to grading operations.
The City also noted that the bulk of the Manzanita site was approved as open space and
as such could cause a potential fire hazard to Lot 3 of the Steiner subdivision. Policy 4-3
of the certified Mello II and the certified Coastal Resource Protection Overlay Zone
Carlsbad LCPA 1-2OOOA
Page 6
requires that dual criteria slopes shall be protected through the reservation of an open
space easement as a condition of development approval. The LCP provides that the
purpose of the open space easement is to reduce the potential for localized erosion and
slide hazards, to prohibit the removal of native vegetation except for creating firebreaks
and/or planting fire retardant vegetation and to protect visual resources of importance to
the entire community. The City approved only one fire suppression zone on Lot 3 so that
vegetation removal within that zone would not extend beyond the Steiner property line
onto the Manzanita property (i.e., neither any clearcutting or vegetation thinning would
occur on the Manzanita property). Thus, because no impacts to sensitive vegetation
would occur as a result of development occurring through the proposed zone change, the
Commission finds the proposed implementation amendment consistent with the resource
protection provisions of the certified Mello II land use plan.
The Mello 11 LUP designates the site as Residential Medium 0. The RM designation
allows single-family residential development at a range of four to eight dwelling units per
acre (ddac). The density of the proposed single-family subdivision is three dwelling units
per acre. The surrounding properties are designated RM and RLM (0-4 ddac). As
designated in the certified LUP, up to 17 residential units would be permitted on the 3-
acre site. This is determined by multiplying 5.8 ddac (43,560 sq.ft. / 7,500 sq.ft.) by the
number of developable acres (3 acres). The certified LUP designation would allow up to
24 units. Therefore, the Commission finds the proposed zoning is acceptable as it would
not allow any more units on the entire property than the certified LUP land use
designation would allow. Thus, the Commission finds the proposed proposed rezoning
would implement the LUP designation. Based on the above, the Commission finds that
the subject amendment to the implementation plan is consistent with and adequate to
carry out the policies of the certified LUP.
V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
9UALITY ACT (CEOA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts local
government from the requirement of preparing an environmental impact report (EIR) in
connection with its local coastal program. Instead, the CEQA responsibilities are
assigned to the Coastal Commission and the Commission’s KP review and approval
program has been found by the Resources Agency to be functionally equivalent to the
EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the
responsibility to prepare an EIR for each LCP.
Nevertheless, the Commission is required in a LCP submittal or, as in this case, a LCP
amendment submittal, to find that the LCP, or LCP, as amended, conforms to CEQA
provisions. The proposed Steiner rezone will not result in an intensity of land use
incompatible with the surrounding development or have adverse impacts on coastal
resources. Therefore, the Commission finds that approval of the LCP amendment will
not result in any significant adverse environmental impacts.
P
PROPERTY ZONE CHANGE ZC: 99-061
LCPA 99-05
draft final 0
Parcel Map 2244, as filed in the Office of the County Recorder
of San Diego County on January 10,1974 as File No. 74-
0073 17 of official records.
99-12
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EXHIBITNO. 1
Carlsbad LCPA
#1-2000A
Locat ion
alifornia Coastal Commission
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RESOLUTION NO. 2000-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM, ZONE CHANGE, AND LOCAL
COASTAL PROGRAM AMENDMENT TO CHANGE THE LAND
ON PROPERTY GENERALLY LOCATED ON THE NORTH SIDE
OF POINSETTIA LANE, 200 FEET WEST OF EL CAMINO REAL,
AND EAST OF PROPOSED SKIMMER COURT IN LOCAL
FACILITIES MANAGEMENT ZONE 21
CASE NAME: STEINER PROPERTY
USE DESIGNATION ON THE SITE FROM L-C TO R-1-7,500-Q
CASE NO. ZC 99-06/LCPA 99-05
The City Council of the City of Carlsbad, California, does hereby resolve as
follows:
WHEREAS, on January 5, 2000, the Carlsbad Planning Commission held a duly
noticed public hearing to consider a proposed Mitigated Negative Declaration and Mitigation
Monitoring and Reporting Program, Zone Change, and Local Coastal Program Amendment, to
rezone 3.0 acres of land from Limited Control to Residential One-family, 7,500 square foot
minimum lot site, Qualified Development Overlay (R-l-7,500-Q), and adopted Planning
Commission Resolutions No. 4699, 4700, and 4701 recommending to the City Council that the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Zone Change,
and Local Coastal Program Amendment be approved; and
WHEREAS, the City Council of the City of Carlsbad, on the 25th day of
January , 2000, held a duly noticed public hearing to consider the recommendation and heard
all persons interested in or opposed to the Mitigated Negative Declaration and Mitigation
EXHIBITNO. 3 Monitoring and Reporting Program, Zone Change, and Local Coastal Pro
NOW THEREFORE, BE IT RESOLVED by the City ( “APPLICATIoNNo. Carlsbad LCPA
Council Resolution
Carlsbad, California, as follows:
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#I -2O00A
That the above recitations are true and correct. - --
2. That the recommendation of the Planning Commission for appfo9al of the
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Prograh, Lo& Change
99-06, and Local Coastal Program Amendment 99-05 is approved and that the findings and
conditions of the Planning Commission contained in Planning Commission Resolutions No.
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ATTEST:
4699, 4700, and 4701 on file with the City Clerk and incorporated herein by reference, are the
findings and conditions of the City Council.
3. This action is final the date this resolution is adopted by the City Council.
The Provisions of Chapter 1.16 of the Carlsbad Municipal Code, "Time Limits for Judicial
Review" shall apply:
"NOTICE TO APPLICANT"
"The time within which judicial review of this decision must be sought is
governed by Code of Civil Procedure, Section 1094.6, which has been
made applicable in the City of Carlsbad by Carlsbad Municipal Code
Chapter 1.16. Any petition or other paper seeking judicial review must be
filed in the appropriate court no later than the ninetieth day following the
date on which this decision becomes final; however, if within ten days after
the decision becomes final a request for the record of proceedings
accompanied by the required deposit in an amount sufficient to cover the
estimated cost of preparation of such record, the time within which such
petition may be filed in court is extended to not latter than the thirtieth day
following the date on which the record is either personally delivered or
mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed
with the City Clerk, City of Carlsbad, 1200 Carlsbad Village Drive,
Carlsbad, California 92008."
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 25th day of January 2000, by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
n
'LORRAINE M. WOOD, City Clerk
(SEAL)
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