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Home My WebLink AboutLCPA 02-03; Zone 19 Park; Local Coastal Program Amendment (LCPA) (11)4 - - GRAY DAVIS, Governor STATE OF CALIFORNIA - THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO. CA 921084402 (619) 787-2370 TO: FROM: SUBJECT: COMMISSIONERS AND INTERESTED PERSONS PETER DOUGLAS, EXECUTIVE DIRECTOR CITY OF CARLSBAD DE MINIMUS LOCAL COASTAL (AVIARA MASTER PLAN) PROGRAM AMENDMENT NO. 2-2002 TO MELLO I SEGMENT The Coastal Act was amended on January 1, 1995, to provide for a more streamlined method to review amendments to local coastal programs. Section 30514(d) allows the Executive Director to make a determination that a proposed LCP amendment is de minimus in nature. The Executive Director must determine that the proposed amendment: 1) has no impact, either individually or cumulatively, on coastal resources; 2) is consistent with the policies of Chapter 3; and 3) does not propose any change in land use or water use or any change in the allowable use of property. Section 30514(d) requires the local government to notice the proposed de minimus LCP amendment 2 1 days prior to submitting it to the Executive Director either through: 1) publication in a newspaper of general circulation; 2) posting onsite and offsite the area affected by the amendment; or 3) direct mailing to owners of contiguous property. If the Executive Director determines that the proposed amendment qualifies as a “de minimus” amendment and finds that the public notice requirements have been satisfied, the determination is then reported to the Commission for its concurrence. PROPOSED AMENDMENT The City of Carlsbad proposed de minimis LCP would amend the certified Local Coastal Program to change the maximum height allowed for a park building in planning area 32 of the Aviara Master Plan (Pacific Rim Park Site), from 18 feet to 32 feet and 3 inches, consistent with conditional use permit (CUP) 01-22 approved by the City Council in February 2002. This LCP amendment is necessary to allow construction of a multi- purpose community building within Pacific Rim Park to a height consistent with that allowed for open space/park zones and park buildings in other areas of the City. The Aviara Master Plan allows the following permitted uses within planning area 32: natural open space, passive recreational use, family-oriented picnic areas, group picnic areas, turfed open space areas for free play, multi-purpose lighted playfields, tot areas, a structure for meetings or lectures, tennis courts, swimming pool, onsite parking and similar uses commonly located in a public park. The requested height increase is necessary to accommodate several park-related uses, including as meeting rooms, indoor recreation facilities and building facility infrastructure. c Carlsbad LCPA No. 2-2002De Minimus September 19,2002 Page 2 The amendment does not affect existing height restrictions for other parks or buildings in the City. The park is located at the northern terminus of Ambrosia Lane within the Aviara Master Plan. A location map is attached as Exhibit 1. The City Council resolution that approves and conveys the proposed amendment is attached as Exhibit 2. The amended master plan language and referenced section of the Carlsbad Municipal Code are attached as Exhibit 3. The portion of the Aviara Master Plan that references planning area 32 is attached as Exhibit 4. The amendment was properly noticed through newspaper publication and direct mail to owners of contiguous properties and interested parties, and a public hearing on the proposed amendment was held on August 6,2002. The amendment request was received and filed complete on August 14,2002; therefore, the date by which the Commission inust take action, absent any extension of time limits by the City, is November 12,2002. DISCUSSION The City of Carlsbad LCP consists of several segments. The Aviara Master Plan is a component of the Mello I segment of the Carlsbad LCP, and consists of both the land use plan (LUP) and implementation plan (IP) for this segment. This amendment would modify a maximum height limit contained in the Aviara Master Plan to allow development of a multi-purpose community building at the Pacific Rim Park. The revisions currently proposed by the City are de minimus in nature. The amendment would change the maximum allowable building height as provided for the park site in the Aviara Master Plan, from 18 feet to 32 feet and 3 inches (32’3”). The proposed park community building will be located at the City’s Zone 19/Pacific Rim Park site, located at the northern terminus of Ambrosia Lane within the Aviara Master Plan area and the Mello I planning segment of the LCP. The site is currently zoned Open Space (OS) with a designated public park use. 1 The amended language allows a building heiglt consistent with Sectior, 21.33.060 of the Carlsbad Municipal Code, which defines allowable building height in the 0-S zone. The 0-S zone height limit is 25 feet unless otherwise approved by a CUP. The City approved CUP 01- 22 in connection with the LCPMaster Plan amendment, and the CUP specifies a height limit of 32 feet and 3 inches for the park community building within Pacific Rim Park. The amended portion of the Aviara Master Plan references the main park property (Planning Area 32), and a smaller adjacent parcel (32a) that is no longer part of the planned park site and has been developed for residential use according to the standards of Planning Zone 19, consistent with the Aviara Master Plan. The amendment applies only to the proposed park building use on the subject site permitted in Planning Area 32 in the Aviara Master Plan and will not affect any other building height restrictions or provisions in the Aviara Master Plan. There are no proposed changes to the municipal code sections referenced in the amended language that address building height in 0-S zones (Section 21.33.060) and the definition of building height (Section 21.04.065). The proposed change in allowable building height is intended to create consistency with similar, existing public park buildings within the City, Carlsbad LCPA No. 2-2002De Minimus September 19,2002 Page 2 which generally range from 30-35 feet in height, and allow a full range of community park amenities and supporting facilities to be provided in the park building. The site is inland, with partial visibility from Palomar Airport Road; however, no potential impacts are anticipated to ocean views or scenic views, or to views from nearby public vantage points. The proposed amendment does not change land uses within the coastal zone, has no impact on coastal resources and is consistent with Chapter 3 policies of the Coastal Act. DETERMINATION The Executive Director dztermines that the City of Carlsbad LCP amendment is de minimus. Based on the information submitted by the City, the proposed LCP amendment will have no impact, either individually or cumulatively, on coastal resources. It is consistent with the policies of Chapter 3 of the Coastal Act. The amendment does not propose any change in land use or any change in the allowable use of property of coastal zone. The City has properly noticed the proposed amendment. As such, the amendment is de minimus pursuant to Section 305 14(d). The Executive Director recommends that the Commission concur in this determination. Unless three or more members of the Commission object to this determination, the amendment shall become effective and part of the certified LCP ten (1 0) working days after the date of the Commission meeting: I G:\San Diego\Reports\LCPs\Carlsbad\CAR 2-02 deminimus Aviara.doc