HomeMy WebLinkAboutLCPA 01-12; Villa Paradisio; Local Coastal Program Amendment (LCPA) (3)S;ATE OF CAUFORNIA -THE RESOURCES AGENCY GRAY DAVIS. Gowmor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOLITAN DRIVE. SUITE 103
SAN DIEGO, CA 92108-4402
(619) 767-2370 TH 8A 812 112003
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 MAJOk AMENUMENT NO. 2-03A (Villa Paradisio
rezone) (For Public Hearing and Possible Commission Action at the
Meeting of September 10-12,2003)
SYNOPSIS
The subject amendment request revises the certified Carlsbad Mello I1 LCP Implementation
Program. On June 27,2003, the City of Carlsbad Local Coastal Program Amendment No. 2-
03 was filed in the San Diego District office. The LCP amendment includes three separate
components. The subject component would change the zoning designation of a 0.7-acre site
from R- 1 (One-family Residential) to RD- M (Residential Density-Multiple). The other
components would amend the implementation plan to permit second dwelling units through a
modified discretionary minor coastal development permit and add and amend regulations for
senior citizen housing. The LCP amendment was the subject of a request for a one year time
extension that was approved at the August, 2003 hearing; thus, Commission action must
occur by August 25,2004. The latter two components may be heard at the Commission’s
October 2003 hearing.
SUMMARY OF STAFF RECOMMENDATION
Staff is recommending approval of the proposed LCP amendment as submitted. The rezone
is consistent with the certified Mello I1 LUP designation of RH (High Density Residential)
and would not result in adverse impactsto public access or sensitive resources.
The appropriate resolutions and motions begin on page 2. The findings for approval of the
Implementation Plan Amendment as submitted begin on page 3.
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 92108-4402, (619) 767-2370.
Carlsbad LCPA 2-03A
Page 2
PART I. OVERVIEW
A. LCP HISTORY
Car B. ad Local Coastal Promam (LCP)
*
. ,. The City's wrtifiec! LCP contains six geographic segments as follows: Agua Hedionda,
Mello )I, Mello 11, West Batiquitos LagoodSammis Properties, East Batiquitos LagoodHunt
P-es 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 I1 segments in 1980 and 1981, respectively. The West Batiquitos
Lagood Sammis Properties segment was certified in 1985. The East Batiquitos
LagoodHunt 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 remaining 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 I1
segment of the certified LCP.
4>
B. 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 305 13 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.
C. PUBLIC PARTICIPATION
The City has held Planning Commission and City Council meetings with regard to the subject
amendment request. All of those 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.
RESOLUTION I. (Resolution to approve certification of the City of Carlsbad Mello I1
Implementation Plan Amendment #2-03A [Villa Paradisio
rezone], as submitted)
MOTION I
I move that the Commission reject the City of Carlsbad Mello I1 Implementation Plan
Amendment #2-03A7 as submitted.
Carlsbad LCPA 2-03A
Page 3
Staff Recommendation
Staff recommends a mvote. Failure of this motion will result in certification of the
Implementation Program Amendment as submitted and the adoption of the following
resolution and findings. The motion passes only by an affirmative vote of a majority of the
Commissioners present.
Resolution I
The Commission hereby certifies the Implementation Program Amendment for the Mello I1 Segment of the City of Carlsbad Local Coastal Program as submitted and adopts the findings
set forth below on grounds that the Implementation Program Amendment conforms with, and is
adequate to carry out, the provisions of the certified Land Use Plan, and certification of the
Implementation Program Amendment will meet the requirements of the California
Environmental Quality Act, because either 1) feasible mitigation measures andor alternatives
have been incorporated to substantially lessen any significant adverse effects of the
Implementation Program Amendment on the environment, or 2) there are no further feasible
alternatives or mitigation measures that would substantially lessen any significant adverse
impacts on the environment that will result from certification of the Implementation Program
Amendment.
PART 111. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO
SUBMITTED
I1 IMPLEMENTATION PLAN AMENDMENT #2-2003A, AS
A. AMENDMENT DESCRIPTION
The amendment changes the LCP implementation plan by rezoning a 0.7-acre site from
Single-Family Residential (R- 1) to Residential Density-Multiple (RD-M) in the Local
Coastal program. The project site is located on the south side of Tamarack Avenue
immediately to the west of the railroad right-of-way. The site currently contains a single-
family residence and accessory structures which will be demolished.
The site is zoned R-1 and has a LCP Land Use Plan (LUP) designation of Residential-High
(RH, 15 - 23 du/ac). Surrounding properties to the south’ and west are zoned RD-M and are
developed with multi-family apartment projects. Properties to the north (across Tamarack
Avenue) are zoned R-1 and are developed with single-family residences. The properties west
of the railroad right of way in the vicinity of the project have a RH LCP land use designation
(ref. Ex 2).
B. FINDINGS FOR APPROVAL, AS SUBMITTED.
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. The proposed
RD-M zone is described below.
Carlsbad LCPA 2-03A
Page 4
a) Purpose and Intent of the Ordinance. The proposed RD-M zone permits
development of medium and high density residential uses. The existing R-1 zoning permits
development of single-family residential uses.
b) Maior Provisions of the Ordinance. The RD-M zone allows low-medium
density through high density uses including single and multiple dwellings; accessory
buildings, signs, satellite television antennae, small family day care homes and large family
day care homes. The zone sets a 35-foot height limit, and establishes design and development
standards for setbacks, placement of building and minimum lot area.
In addition, the site is subject to the certified Beach Area Overlay Zone (BAOZ) regulations.
The BAOZ is intended to supplement the underlying zoning by providing additional
development regulations to: 1) ensure that proposed development is compatible with existing
surrounding uses; 2) provide adequate parking for residential developments; 3) ensure that
public facilities exist to serve the beach area; and, 4) protect the unique mix of residential
development and aesthetic quality of the area.
c) Adeauacv of Ordinance to Imulement 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 I1 segment of the LCP.
The existing R-1 zone (one family residential) is inconsistent with the property's current RH
land cse designation. The LCP amendment will result in consistency with the LCP land use
designation of RH, or high density residential allowing 15 - 23 du/ac. The General Plan and
LCP land use designations for the subject and surrounding properties and most of the beach
area between Agua Hedionda Lagoon and the Downtown Village area is RH. The proposed
RD-M zone is also a prevalent zoning in the subject area (ref. Ex 3).
The certified zoning ordinance provides that whenever property that is proposed to be zoned
RD-M is located in a transitional area between property zoned for residential uses and
property zoned for higher density residential uses, the city council may designate the
maximum density permitted on the property at a point within the range established by the
general plan. This density shall not exceed the maximum density. Designation of the
maximum density shall be done at the time the property is zoned. The proposed rezone
accommodates a density of 18.6 dwelling units per acre which is consistent with the density
permitted in the existing RH land use designation.
The site is located in the North Beach Planninflraffic Study (NBPTS) area. Although not a
LCP document, the study notes that densities in this area are too high and widespread
development at densities of 15 - 23 ddac would result in incompatibility with surrounding
land uses and inadequacy of public facilities. The NBPTS includes recommendations to
lower densities and to develop a strategy for retaining some single-family (R-1) zoning
within the study area. Because the site is surrounded by existing multi-family development,
the NBPTS did not recommend retaining the R- 1 zoning for this property.
The site is located west of Interstate 5, a major nortldsouth coastal access route, and several
blocks inland of Carlsbad State Beach. In addition, Tamarack Avenue serves as a major
Carlsbad LCPA. 2-03A
Page 5
eastjwest corridor for coastal access. The Tamarack Beach free parking lot exists adjacent to
the ocean and is a heavily used visitor serving facility. As such, the Commission must find
the rezone will not interfere with public access/circulation to the coast. The proposed rezone
accommodates a companion coastal development permit approved by the City for a 13-unit
condominium project. The proposed two-story structure with basement level parking has a
building height of less than 30 feet and 2 parking spaces per unit (8 guest parking spaces)
which complies with BAOZ requirements.
In its review of the proposed rezone and the associated development, the City found an
Average Daily Trip (ADT) rate of 104 trips would be generated by the proposed project
which is significantly more trips than single-family use of the site. However, this ADT is
consistent with the generation rate analyzed for the site in the Master EIR (MEIR) for the
project area. According to the City, all feasible mitigation measures identified in the EIR
which are appropriate to this site have been incorporated into the site design. The City found
no additional mitigation measures in the form of roadway improvements are necessary; all
the support utilities and infrastructure have been constructed or have been conditioned to be
constructed. As such, Tamarack Avenue is designed to accommodate traffic generated by the
proposed rezone. Thus, the Commission finds no adverse impact to public access to the
shoreline is anticipated as a result of the proposed rezone.
In addition, the site has been previously graded and is devoid of any significant or sensitive
vegetation. Therefore, the rezoning does not involve property with sensitive topography or
natural resources.
The proposed rezoning will not affect or conflict with LCP policies regarding access,
recreational opportunities or views. Thus, the Commission finds that because the proposed
rezoning would implement the LUP designation, the amendment is consistent with and
adequate to carry out the policies of the certified LUP.
V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENT
QUALITY ACT (CEQA)
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 LCP review and approval program has been
found by the Resources Agency to be hnctionally 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 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.
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