HomeMy WebLinkAboutLCPA 99-07; Basement Definition Revision; Local Coastal Program Amendment (LCPA) (7)STATE OF CALIFORNIA-THE RESOWICES AGENCY QRAY DAMS, oolnmor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
3111 CAMIN0 DEL RK) NORTH, SUITE 200
SAN DIEGO, CA 92100-1725
(619) 521-8036
Eric Munoz
City of Carlsbad
Planning Department
1635 Faraday Avenue
Carlsbad, CA 92008-73 14
Re: City of Carlsbad Local Coastal Program Amendment 1-2000
Dear Mr. Munoz:
This letter is regarding the March 16,2000 submittal of the City of Carlsbad’s first LCP
amendment package for the 2000 calendar year. The package includes five separate
actions taken by the City to amend the City’s Zoning Ordinance and LCP Implementation
Plan. Section 13553 of the California Code of Regulations states “[aln amendment to a
certified LCP or LRDP together with all necessary attachments and exhibits shall be
deemed “submitted” after having been received and found by the executive director of
the Commission to be in proper order and legally adequate to comply with Public
Resources Code Section 305 1O(b). Said review shall be completed within a reasonable
time, but unless there are unusual circumstances, no later than ten (10) working days after
the date it is received in the Commission offices during normal working hours [. . .I”.
As you are aware, staff completed the initial review of the LCP amendment package
within the initial 10 day time period and through a letter dated 3/30/00 from Bill Ponder,
this office identified several items which the Executive Director determines are necessary
to complete the submittal and deem it suitable for filing. With your response letter dated
4/13/00, you included several of the requested items, but asked that we identify the legal
authority for requiring the biological surveys, fire suppression plans and resource agency
approvals associated with the Manzanita, Roesch and Steiner submittals. Section 13552
of the Commission’s administrative regulations titled Contents of LCP or LRDP
Amendment Submittal states in applicable part:
The LCP or LRDP amendment submittal shall include:
(a). . . .
(b) All policies, plans, standards, objectives, diagrams, drawings, maps,
photographs, and supplementary data, related to the amendment in sufficient detail
to allow review for conformity with the requirements of the Coastal Act.. ...
(C) ...
(d). . .
(e) Any environmental review documents, pursuant to CEQA, required for all or
any portion of the amendment to the LCP or LRDP.. . ..
(f)....
Mr. Eric Munoz
May 8,2000
Page 2
Staff has determined the requested information is necessary in order to determine the
adequacy of the proposed LCP Implementation Plan amendments to carry out the policies
of the certified Mello 11 LCP land use plan. We believe the above stated regulation gives
staff the authority to request this information and that this information is necessary in
order to find the LCP package is “in proper order and legally adequate to comply with
Public Resources Code Section 30510(b)” . That section of the statute states:
Consistent with this chapter, a proposed local coastal program may be submitted to
the commission, if both of the following are met:
(a) It is submitted pursuant to a resolution adopted by the local government, after
public hearing that certifies the local coastal program is intended to be carried out in
a manner fully in conformity with this division.
(b) It contains, in accordance with the guidelines established by the commission,
materials sufficient for thorough and complete review.
The submittal involves an amendment to the LCP Implementation Plan and has been
classified a major amendment. As a major amendment, the Coastal Commission has 60
days to review an implementation plan modification. Therefore, upon receipt of the
requested information and completion of the submittal, we will schedule the LCP
amendment for the appropriate Commission agenda. Due to workload constraints and the
fact that Commission staff is currently working on Carlsbad LCPA #2-99D Kelly Ranch,
we anticipate it will be difficult to process the entire submittal within the required time
period; therefore, a time extension may be necessary. Please let us know if there is any
order of priority for which portions of the submittal should be processed first, and/or if
the City is interested in segmenting the submittal in any way. At this time the entire
submittal is considered incomplete and not yet filed for purposes of the 60-day time limit.
If you have any questions about the processing or scheduling of this amendment, please
do not hesitate to call me or Bill Ponder at this office.
Sinceply, //
District Manager
cc: GaryWayne
Bill Ponder