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Home My WebLink About2010-05-05; Planning Commission; Resolution 66921 PLANNING COMMISSION RESOLUTION NO. 6692 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CARLSBAD 4 LOCAL COASTAL PROGRAM TO MAKE MINOR AMENDMENTS TO CORRECT TITLES RELATED TO THE EXPIRATION OF THE VILLAGE REDEVELOPMENT PLAN. 6 CASE NAME: VILLAGE AREA TITLE AMENDMENT CASE NO: LCPA 10-01 7 WHEREAS, California State law requires that the Local Coastal Program,8 o General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and 10 WHEREAS, the City of Carlsbad, "Applicant," has filed a verified application 11 for an amendment to the Local Coastal Program; and 12 WHEREAS, said verified application constitutes a request for a Local Coastal 13 Program Amendment as shown on Exhibits "Y-l," "Y-2," "Y-3," and "Y-4" dated May 5, 14 2010, attached hereto, and as shown on Exhibit "Z-l" dated May 5, 2010, attached to Planning *s Commission Resolution No. 6693, as provided in Public Resources Code Section 30514 and 17 Section 13551 of California Code of Regulations Title 14, Division 5.5; and 18 WHEREAS, the Planning Commission did on May 5, 2010, hold a duly noticed 19 public hearing as prescribed by law to consider said request; and 20 WHEREAS, at said public hearing, upon hearing and considering all testimony 21 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors 22 relating to the Local Coastal Program Amendment; and 24 WHEREAS, State Coastal Guidelines requires a six-week public review period 25 for any amendment to the Local Coastal Program. 26 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning 27 Commission of the City of Carlsbad, as follows: 28 A) That the foregoing recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B) At the end of the State-mandated six-week review period, starting on April 9, 2010 and ending on May 21, 2010, staff shall present to the City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of VILLAGE AREA TITLE AMENDMENT - LCPA 10-01 based on the following findings: Findings; 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies of the Carlsbad Local Coastal Program not being amended by this amendment, in that the amendment ensures consistency with the Carlsbad General Plan and Zoning Ordinance, and does not conflict with any coastal zone regulations, land use designations or policies, with which development must comply. 2. That the proposed amendment to the Carlsbad Local Coastal Program is required to bring it into consistency with the proposed General Plan Amendment (GPA 10-01) and Zone Code Amendment (ZCA 10-02). PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of the City of Carlsbad, held on May 5,2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: FARK?fW-aj:>OUGLAS, CARLSBAD PLANNING COMMISSION ATTEST: DON NEU Planning Director PC RESO NO. 6692 -2- Exhibit Y-1 May5, 2010 Land Use - Introduction Chapter I the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda land use plan was prepared by the City and approved by the Coastal Commission on July 1, 1982. Preparation of the Mello I, Mello II and Agua Hedionda segments resulted in a number of issues and conflicts between the City and Commission over the years. These segments cover a good portion of the city's coastal zone and contain substantial amounts of undeveloped property. Among those issues which surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of steep sloping hillsides and erosion control. The City found the policies of the certified Mello I and II segments regarding preservation of agriculture and steep sloping hillsides to be unacceptable. Following the certification of Mello I and II, the City pursued negotiations with the Commission through a City Council- formed special committee comprised of Commission staff and City officials to resolve issues. In September of 1984 the Governor signed Assembly Bill 3744 (effective January 1, 1985) which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone. In the summer of 1985, the City submitted two amendment requests to the Commission and, in October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments. These major amendments to the LCP involved changes to the agricultural preservation, steep slope and housing protection policies of the Mello I and II segments. After certification of these amendments, the City adopted the Mello I and II LCP segments and began the process of preparing documents for "effective" certification of the entire LCP. The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal development permit for a project comprising the majority of the uplands within that segment. The master plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP implementing ordinances. The plan area of the Village Area segment (previously titled "Village Area Redevelopment" segment) was formerly part of the Mello II segment. In August 1984, the Commission approved the segmentation of this 100 acre area from the remainder of the Mello II LCP segment and, at the same time, approved the submitted land use plan for the area. In March of 1988, the Commission approved the Implementation Program for the Village Area Redevelopment segment. The City assumed permit authority for this segment on December 14, 1988. In November 2009, the title of this segment was changed to the "Village Area" segment due to the imminent (July 2010) expiration of the Village Redevelopment Plan; however, the boundaries and policies affecting this segment are unchanged. The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An area of the segment known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were previously part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering the lagoon and north shore uplands. The segment was certified by the Commission (land use and master plan as implementing ordinances) in March of 1988. City of Carlsbad 4 Local Coastal Program Land Use - Introduction Exhibit Y-2 May5, 2010 Chapter I CDtmtJMICHT AflCA VILLAGE AREA AG'UA HECTONDA tfcGOON WEST SATSOWITOS EAST 8ATIQUIT0S City of Carlsbad Local Coastal Program Exhibit Y-3 May5, 2010 LCPA 10-01 (LCP Land Use Map) Village Area Title Amendment I 1 I N J Neighborhood Commercial | RH | Hi8h Density Residential I u | Public Utilities ^ ^ Travel Services Commercial [A^J Agricultural/Residential (H Travel Services Comme Governmental Facilities . - H I RC | Recreation Commercial Opon Space | UA| Unplanned Areas , ^ ^__ "^^«— jiafle RedevelopmenI . I ' ^village neoeveiopmer |NRRj won-Residential Reserve . . ^ ' H I^^J General Commercial Transportation Corridor |^^J Regional Commercial |_^"^J TraveVRecreation Commercial EXISTING I u J Public Utilities I G J Governmental Facility* I OSJ Open Space ^^j Non-Residential Reserve I J^J Transportation Corridor N I Neighborhood Commercial I RH I Hiflrt Density Residential ( | Travel Services Commercial R1" Recreation Commercial v General Commercial F^J Regional Commercial T-R I Travel/ Recreation Commercial PROPOSED J Agricultural/Residerttiol (2 I Unplanned Areas Exhibit Y-4 May5, 2010 LCPA 10-01 (LCP Zoning Map) Village Area Title Amendment R-3 I Multiple-Family Residential Zono | C-L | Local Shopping Center Zone }D-M Residential Density-Multiple Zone M I Industrial Zone (MHFJ Residential Mobile Home Park Zone | P-IVI | Planned Industrial Zone I V-R <I R-P Residential Professional Zone | R-T | Re&ldentialTourifrtZone |R-W| Re&idential Waterway Zone e Redevelopment Zon^ | P-U | Public Utility Zone I P-C I Planned Community Zone EXISTING Multiple-Family Re&idential Zone I C-L Local Shopping Center Zone Residential Density-Multiple Zone | M | Industrial Zone Residential Mobile Home Park Zone P-M Planned Industrial Zone Residential Professional Zone Residential Tourist Zone Residential Waterway Zone Open Space Zone \R-3_ [KU-Ml | R-P | | R-T | |R-W| I OS I I V-R f^Uage ReviewZone^ | P-U | Public Utility Zone I P-C Planned Community Zone I L-C I Limited Control Zone PROPOSED