HomeMy WebLinkAboutLCPA 02-05; Smith Property Land Use Change; Local Coastal Program Amendment (LCPA) (11)SAN DIEGO AREA
7575 Metropolitan Drive, Suite 103
SAN DIEGO. CA 921084421
(61 9) 767-2370
State of California California C&
MEMORANDUM
TO: Commissioners and
Interested Persons
DATE: March 20,2003
FROM: Staff
SUBJECT: Request to Waive Time Limit for Carlsbad LCP Amendment No. 1-03 A&B
(Smith Land Use ChangdHahitat Management Plan) for the Commission
Meeting of April 8- 1 1,2003
On February 7,2003, the City of Carlsbad Local Coastal Program Amendment No. 1-03
A and 3 were filed in the San Diego District office. The LCP amendment includes two
separate components. The first component (A) would change the land use and zoning
designations on a vacant 5 acre site at the southeast corner of 1-5 and Poinsettia Lane
from “Neighborhood Commercial” to “Residential Medium Density” and amend the text
of the Mello I LUP segment accordingly. The second component (B) would amend the
land use plan and implementation plan to incorporate the Habitat Management Plan
(HMP), and include additional standards for protection of environmentally sensitive
habitat areas in the Mello I, Mello 11 and Agua Hedionda segments. A federal
consistency determination is also associated with the HMP, regarding the Incidental Take
Permit for listed species that will be issued to the City by the U.S. Fish and Wildlife
Service. The 90-day deadline for the Commission to act upon the federal consistency
determination is May 8,2003, unless the time limit is extended.
Pursuant to Section 305 12 of the Coastal Act, a land use plan amendment must be acted
on by the Commission within 90 days of complete submittal. To be heard within the
allotted time period, which ends on May 8,2003, the amendment request would have to
be agendized for the May 2003 Commission hearing to be held in Monterey. However,
Section 30517 of the Coastal Act and Section 13535 of the Code of Regulations state that
the Commission may for good cause extend a time limit for a period not to exceed one
year, after consultation with the local government and by a majority vote of the
Commissioners present.
Commission staff is requesting the time extension because the LCP amendments are of
considerable local and regional interest. There is likelihood that members of the local
public and affected parties will wish to be present at the Commission hearing. Therefore,
the items should be heard at a Southern California location. Also, it important to have the
LCP amendment and associated federal consistency review scheduled for the same
Commission meeting, to avoid potential inconsistencies. Therefore, the City is willing to
extend the 90-day federal consistency review deadline by one month, to June 13,2003.
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's Staff id to spbdule the federal consistency review and the LCP amendments for
\. 6 .A ',/ we Commi meeting, provided the waiver of the applicable time limits is granted.
Summary of Staff Recommendation. Staff recommends the Commission extend the 90-
day time limit for a period not to exceed one year. However, it is anticipated that the
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amendment request will be scheduled for the June 2003 Commission hearing in Long
Beach.
MOTION:
I move that the Commission extend the 90-day time limit for Carlsbad LCP Amendment
No. 1-03A and B for a period not to exceed one year.
STAFF RiZCGR/IMENDATiON:
Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners
present is needed to pass the motion.
(G:\San Diego\Reports\L&P's\Carlsbad\CAR LCPA 1 -03A&B Time Ext SmithHMP.doc)