HomeMy WebLinkAboutLCPA 02-05; Smith Property Land Use Change; Local Coastal Program Amendment (LCPA) (16)SAN DIEGO, CA 92108402
(619) 161-2310
ITAN DRIVE, SUITE 103
TO:
FROM:
COMMISSIONERS AND INTERESTED PERSONS
DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR
SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO OFFICE
BILL PONDER COASTAL PROGRAM ANALYST, SAN DIEGO OFFICE
SUBJECT:
CARLSBAD MAJOR LCP LAND USE PLAN AND
(For Public Hearing and Possible Commission Action at the Meeting
of June 11-13,2003)
STAFF IRECOMMENDATION ON CITY OF
IMPLEMENTATION PLAN AMENDMENT NO. 1-03A (SMITH)
SYNOPSIS
SUMMARY OF AMENDMENT REOUEST
The proposed Local Coastal Program (LCP) amendment involves changes to both the
LCP land use and zoning designations for a 5 acre parcel of land located on the southeast
corner of Interstate 5 and Poinsettia Lane within the Mello I Land Use Plan (LUP)
segment of the City’s LCP. The proposed LCP amendment involves changing the land
use designation on the site from a N (neighborhood commercial) designation to a RM
(residential medium density, 4-8 dua) designation. The zone designation would change
from C-1 -Q (Neighborhood Commercial) to RDM-Q (Residential Density Multiple) and
the visitor-serving overlay currently applied to the site would be removed. The proposed
LCP amendment also involves a modification to the Mello I LUP text to reflect the
proposed residential designation, and to incorporate land use policies previously adopted
with the Mello I1 LUP segment that ZFplied tc pcrtiocz of the Mello I LTJP se,ment.
City of Carlsbad LCPA #1- 03-B (Habitat Management Plan) and the subject amendment
were filed on February 7,2003. At the April 2003 meeting, the Commission granted a
one-year time extension on the amendment package; thus, the Commission action must
occur by May 7,2004.
SUMMARY OF STAFF RECOMMENDATION
The appropriate resolutions and motions begin on page 4. The findings for approval of
the Land Use Plan Amendment as submitted begin on page 5. The findings for approval
of the Implementation Plan Amendment as submitted begin on page 17.
ADDITIONAL INFORMATION
Further information on the LCP amendment may be obtained from Bill Ponder, Coastal
Planner, at (619) 767-2370.
Carlsbad LCPA 1-03A
Page 2
PART I. OVER-EW P
A. LCP HISTORY
Carlsbad Local Coastal Program (LCP)
The City's certified LCP contains six geographic segments as follows: Agua Hedionda,
Mello I, Mello 11, West Batiquitos LagoodSamrnis Properties, East Batiquitos
Lagooaunt Properties and Village Redevelopment. Pursuant to Sections 301 70(f) and
30171 of the Public Resourccs 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 iemaining
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 I segment of the certified LCP.
B. STANDARD OF REVIEW
The standard of review for land use plans, or their amendments, is found in Section
305 12 of the Coastal Act. This section requires the Commission to certify an LUP or
LUP amendment if it finds that it meets the requirements of Chapter 3 of the Coastal Act.
Specifically, it states:
Section 305 12
(c) The Commission shall certify a land use plan, or any amendments thereto,
if it finds that a land use plan meets the requirements of, and is in conformity
with, the policies of Chapter 3 (commencing with Section 30200). Except as
provided in paragraph (1) of subdivision (a), a decision to certify shall require a
majority vote of the appointed membership of the Commission.
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.
4
Carlsbad LCPA 1-03A
Page 3
PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolutions and findings. The appropriate motion to introduce the resolution and a staff
recommendation are provided just prior to each resolution.
I. MOTION: I move that the Commission certifi the Land Use Plan
Amendment #l-O3A for the City of Carlsbad LCP Mello I
Segment as submitted.
STAFF RECOMMENDATION TO CERTIFY:
Staff recommends a YES vote. Passage of this motion will result in certification of the
land use plan amendment as submitted and adoption of the following resolution and
findings. The motion to certify as submitted passes only upon an affirmative vote of a
majority of the appointed Commissioners.
RESOLUTION TO CERTIFY LAND USE PLAN AMENDMENT AS
SUBMITTED:
The Commission hereby certifies the Land Use Plan Amendment for the for the Mello I
Segment of certified LCP as submitted and adopts the findings set forth below on
grounds that the land use plan will meet the requirements of and be in conformity with
the policies of Chapter 3 of the Coastal Act. Certification of the land use plan complies
with 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 plan on the environment, or 2) there are no further
feasible alternatives and mitigation measures that wouid substantially lessen any
significant adverse impacts on the environment that will result from certification of the
land use plan.
11. MOTION: I move that the Commission reject the Implementation Program
Amendment #l-O3A for the City of Carlsbad LCP Mello I
Segment as submitted.
STAFF RECOMMENDATION OF CERTIFICATION AS SUBMITTED:
Staff recommends a NO vote. 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.
t
FROM:
Current
LCP Land Use Designation
N
(Neighborhood Commercial) -
Carlsbad LCPA 1-03A
Page 4
TO:
Proposed
LCP Land Use Designation
(Residential Medium Density - 4-8
ddac)
RM 7
RESOLUTION TO CERTIFY IMPLEMENTATION PROGRAM AS
SUBMITTED:
The Commission hereby certifies the Implementation Program Amendment for the Mello
I Segment of certified LCP 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 as amended, and certification of
the Implementation Program will meet the requirements of the California Environmental
Quality Act, because either I) feasible mitigation measures and/or 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 I
LAND USE PLAN AMENDMENT #1-03A, AS SUBMITTED
A. AMENDMENT DESCRIPTION
1. The proposed LCP amendment involves changing the land use designations from a N
(neighborhood commercial) designation to a RM (residential medium density 4-8 dua)
designation on a 5-acre parcel of land. The site is located on the southeast comer of
Interstate 5 and Poinsettia Lane in Carlsbad within the Mello I land use plan segment
(LUP) of the City of Carlsbad LCP. The proposed LCP amendment would also amend
the text of the Mello I LUP to incorporate land use policies established in the Mello I1
LUP in 1981, which apply to the project site and surrounding properties in the Mello I
LUP segment.
Proposed Change to the LCP Land Use Designations:
LCP
Land Use
I
The proposed RM land use designation allows for a variety of residential development
(single-family, two-family and multifamily) at a density of 4 - 8 dwelling units per acre.
The properties to the north contain existing single-family dwellings, and the properties to
the south, east and northeast contain existing condominium developments. The
surrounding residential properties have a land use designation of RM.
Carlsbad LCPA 1-03A
Page 5
The following text in strike-outhderline format indicates the proposed changes to
Policy 1 in the Mello I LUP under “Occidental Land Inc. which refers to the subject site
and 4 other parcels and how they were identified in the Mello I LUP in 1980.
LOCAL COASTAL PROGRAM MELLO I SEGMENT
“OCCIDENTAL LAND, INC.”
TEXT AMENDMENT
2. Occidental Land, Inc.
Policy 1 - Land Uses
Carlsbad LCPA 1 -03A
Page 6
4.2, Pp
The Occidental Land parcels are hereby designated as follows:
(1) The area located east of Interstate 5 and north of Poinsettia Lane shall be
designated for residential use at a maximum density of 8 dwelling units
per acre.
Carlsbad LCPA 1-03A
Page 7
(2) The area located east of Interstate 5 and south of Poinsettia Lane shall be
designated for residential use at a maximum densitv of 8 dwelling units
per acre.
(3) The area located west of Interstate 5 and south of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 2 1.26 of the Carlsbad Zoning Ordinance.
(4) The area located west of Interstate 5 and north of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 21.26 of the Carlsbad Zoning Ordinance, provided
that a minimum of 35% is developed as visitor serving uses.
B. CONFORMANCE WITH SECTION 30001.5 OF THE COASTAL ACT
The Commission finds, pursuant to Section 305 12.2(b) of the Coastal Act, that the Land
Use Plan amendment conforms with the policies and requirements of Chapter 3 of the
Coastal Act to the extent necessary to achieve the basic state goals specified in Section
30001.5 of the Coastal Act which states:
The legislature further finds and declares that the basic goals of the state for the
Coastal Zone are to:
a) Protect, maintain and, where feasible, enhance and restore the overall quality
of the coastal zone environment and its natural and manmade resources.
b) Assure orderly, balanced utilization and conservation of coastal zone
resources taking into account the social and economic needs of the people of the state.
c) Maximize public access to and along the coast and maximize public
recreational opportunities in the coastal zone consistent with sound resource conservation
principles and constitutionally protected rights of private property owners.
(d) Assure priority for coastal-dependent and coastal-related development over
other development on the coast.
(e) Encourage state and local initiatives and cooperation in preparing procedures
to implement coordinated planning and development for mutually beneficial uses,
including educational uses, in the coastal zone.
The Commission therefore finds, for the specific reasons detailed below, that the
proposed amendment to the Mello I land use plan segment conforms with Chapter 3 of
the Coastal Act and the goals of the state for the coastal zone.
Carlsbad LCPA 1-03A
Page 8
C. CONFORMITY WITH CHAPTER 3 OF THE COASTAL ACT
1. Visitor-Serving Uses/ LCP History.
Coastal Act Section 30213 and 30222 are applicable to the proposed LCP amendment
and state:
Section 302 13
Lower cost visitor and recreational facilities shall be protected, encouraged, and,
where feasible, provided. Developments providing public recreational
opportunities are preferred.
Section 30222
The use of private lands suitable for visitor-serving commercial recreational
facilities designed to enhance public opportunities for coastal recreation shall
have priority over private residential, general industrial, or general commercial
development, but not over agriculture or coastal-dependent industry.
The subject site is located within the Mello I LUP segment of the Carlsbad Local Coastal
Program, which was adopted and certified by the Coastal Commission in 1980. When
the Mello I LUP was originally adopted, the site was part of an area of land called
“Occidental Land,” which consisted of approximately 143 acres north, south, east and
west of Interstate 5 and Poinsettia Lane. A map indicating the location of the five
“Occidental Land” properties is attached as Exhibit 1.
When the Mello I LUP was originally adopted, the “Occidental Land” properties were
designated for “Planned Development” in a “Planned Agriculture” zone. Residential and
commercial uses were permitted in the Planned Agriculture zone with the approval of a
Planned Agriculture permit. Under such a permit, the project site, along with the
southwest comer of 1-5 and Poinsettia Lane, was allowed to develop as follows:
“Commercial uses may be allowed on the two parcels south of Poinsettia
Lane and adjacent to I-5 on both sides of the freeway provided that 35%
of the land area is devoted to exclusively tourist commercial uses. ’’
In addition to the 35% tourist commercial requirement placed on the project site when the
Mello I LUP was originally adopted, the Mello I LUP limited the development of the
other “Occidental Land” properties to either residential or agriculture. Most notably, the
parcels west of 1-5, north of Poinsettia Lane, which are currently developed with hotels,
were required to be preserved as “agricultural cropland” as follows:
“The two parcels north of Poinsettia Lane on either side of I-5 and the
portion of the easternmost parcel that contains any soils of Class I
through IV under the Land Use Capability Class$cation shall be
Carlsbad LCPA 1-03A
Page 9
permanently protected as agricultural cropland exclusively, through
recordation of an agricultural conservation easement that allows only
agricultural uses. ”
Thus, when the 35% “tourist commercial” requirement on the properties south of
Poinsettia Lane was adopted, the land north of Poinsettia Lane and west of 1-5 was not
anticipated to develop with “tourist commercial” uses. However, there are currently four
hotels and one restaurant located north of Poinsettia Lane on the west side of 1-5. This
hotel/ restaurant development (visitor-serving commercial) was made possible when the
Coastal Commission adopted the Mello I1 LUP segment in 1981, which included
provisions for the development of “developable agricultural lands” subject to an
agricultural subsidy program. The agriculture subsidy program applied to the
“Occidental Land” properties.
The original Mello I1 LUP stated that if the Occidental Land property owners elected to
pay an “agricultural development fee”, the Occidental properties could develop as
follows:
a. The area east of 1-5 and north of Poinsettia Lane shall be designated
for residential use at a maximum density of 12 dwelling units per
acre.
b. The area of approximately 28 acres located south of Poinsettia Lane
and immediately adjacent to I-5 on both sides of the Freeway shall be
designated for visitor-serving or neighborhood commercial
development according to Ch. 21.26 of Carlsbad Zoning Ordinances.
c. The remaining area west of 1-5 and north of Poinsettia Lane shall be
designated for visitor serving or neighborhood commercial
development according to Ch. 21.26 of Carlsbad Zoning Ordinances,
provided that a minimum of 35% of gross acres is developed as
visitor-serving uses.
The “Occidental Lands” property owners elected to pay the “agricultural development
fee.” The Mello I1 LUP was adopted after the Mello I LUP ,however, the Mello I LUP
was not also amended at that time.
The two significant changes to the development requirements for the Occidental
properties established with the Mello I1 LUP, are as follows:
1. The 35% “tourist commercial” requirement was removed fiom the land south
of Poinsettia Lane on both sides of 1-5. The development requirement was
changed to specify that the area was designated for either visitor-serving or
neighborhood commercial development according to Ch. 21.26 of Carlsbad
Zoning Ordinances.”
Carlsbad LCPA 1 -03A
Page 10
2. Visitor-serving or neighborhood commercial development was allowed on the
area west of 1-5 and north of Poinsettia Lane, and a minimum of 35% of the area
was required to be developed as “visitor-serving uses.”
Thus, the 35% “tourist commercial” requirement was removed from the south side of
Poinsettia Lane to the north side west of 1-5. The area north of Poinsettia Lane and west
of 1-5 has developed in accordance with this requirement (50% has been developed with
visitor-serving uses. The City found the need for “tourist commercial” uses identified in
the originally adopted Mello I LUP has been met with the 11 acres of hotel development
on the north side of Poinsettia Lane west of 1-5, and with the commercial development on
the south side of Poinsettia west of 1-5, which includes approximately 3.5 acres of
existindfuture restaurant development and a service station.
The City also found that because the land use provisions established by the Mello I1 LUP
removed the requirement for 35% tourist commercial uses, and allowed the subject site to
develop entirely with neighborhood commercial uses, the existing land use designation
(Neighborhood Commercial) on the site was not considered a “priority” land use,
i.e.visitor serving commercial. In other words, the Commission did not require the site to
be designated for primarily visitor-serving uses in order to meet the requirements of
Chapter 3 of the Coastal Act.
In addition, residential development of the Smith property is appropriate. The existing
residential developments and RM land use designation on surrounding properties are
consistent and compatible with the proposed RM land use designation on the project site.
No sensitive resources such as native habitat or wetlands are located on the property.
Regarding the proposed changes to the text of the Mello I LUP, the amendment proposes
to designate the former Occidental Land area east of Interstate 5 for residential use at a
maximum density of 8 dwelling units per acre. The area located west of Interstate 5 and
south of Poinsettia Lane would be designated for visitor-serving or neighborhood
commercial development, as would the area located west of Interstate 5 and north of
Poinsettia Lane. For the north of Poinsettia Lane and west of 1-5, a minimum of 35% is
to be developed as visitor serving uses. This land use policy would be controlling in the
event there is redevelopment of the existing uses in the hture that would potentially
eliminate the existing visitor-serving hotellmotel development. As modified in the
proposed amendment, the land uses comprising the former Occidental properties west of
1-5 would be consistent with the Commission’s historic desire to have visitor serving uses
in this area. Therefore, as submitted, the Commission finds the proposed change in land
use for the subject site and policy language applicable to the sites surrounding the
intersection of Poinsettia Lane and 1-5 to be consistent with Sections 302 13 and 30222 of
the Coastal Act.
2. Amiculture.
Section 30241,30241.5 and 30242 are applicable to the LCP amendment and state:
Carlsbad LCPA 1 -03A
Page 11
Section 30241.
The maximum amount of prime agricultural land shall be maintained in agricultural
production to assure the protection of the areas agricultural economy, and conflicts shall
be minimized between agricultural and urban land uses through all of the following:
(a) By establishing stable boundaries separating urban and rural areas, including,
where necessary, clearly defined buffer areas to minimize conflicts between agricultural
and urban land uses.
(b) By limiting conversions of agricultural lands around the periphsry of urban areas
to the lands where the viability of existing agricultural use is already severely limited by
conflicts with urban uses or where the conversion of the lands would complete a logical
and viable neighborhood and contribute to the establishment of a stable limit to urban
development.
(c) By permitting the conversion of agricultural land surrounded by urban uses
where the conversion of the land would be consistent with Section 30250.
(d) By developing available lands not suited for agriculture prior to the conversion
of agricultural lands.
(e) By assuring that public service and facility expansions and nonagricultural
development do not impair agricultural viability, either through increased assessment
costs or degraded air and water quality.
(f) By assuring that all divisions of prime agricultural lands, except those
conversions approved pursuant to subdivision (b), and all development adjacent to prime
agricultural lands shall not diminish the productivity of such prime agricultural lands.
Section 30241.5
(a) If the viability of existing agricultural uses is an issue pursuant to subdivision (b)
of Section 30241 as to any local coastal program or amendment to any certified local
coastal program submitted for review and approval under this division, the determination
of "viability" shall include, but not be limited to, consideration of an economic feasibility
evaluation containing at least both of the following elements:
(1) An analysis of the gross revenue from the agricultural products grown in the
area for the five years immediately preceding the date of the filing of a proposed local
coastal program or an amendment to any local coastal program.
(2) An analysis of the operational expenses, excluding the cost of land, associated
with the production of the agricultural products grown in the area for the five years
immediately preceding the date of the filing of a proposed local coastal program or an
amendment to any local coastal program.
Carlsbad LCPA 1-03A
Page 12
For purposes of this subdivision, “area” means a geographic area of sufficient size to
provide an accurate evaluation of the economic feasibility of agricultural uses for those
lands included in the local coastal program or in the proposed amendment to a certified
local coastal program.
(b) The economic feasibility evaluation required by subdivision (a) shall be
submitted to the commission, by the local government, as part of its submittal of a local
coastal program or an amendment to any local coastal program. If the local government
determines that it does not have the staff with the necessary expertise to conduct the
economic feasibility evaluation, the evaluation may be conducted under agreement with
the local government by a consultant selected jointly by local govemment and the
executive director of the commission.
Section 30242.
All other lands suitable for agricultural use shall not be converted to nonagricultural
uses unless (1) continued or renewed agricultural use is not feasible, or (2) such
conversion would preserve prime agricultural land or concentrate development consistent
with Section 30250. Any such permitted conversion shall be compatible with continued
agricultural use on surrounding lands.
Although the current Mello I LUP calls for the preservation of agricultural uses, all
agricultural uses in the site vicinity have been phased out pursuant to the former Mello I1
LUP policies and Coastal Act Sections 30171.2 and 30171.5. The following discussion
clarifies the history of agricultural production in Carlsbad and why the Mello I LUP was
not amended to reflect the land use policies established in the Mello I1 LUP segment.
As discussed above, the land use policies established in the Mello I1 LUP provided land
use policies for the “Occidental Land” properties subject to the payment of an agriculture
subsidy fee. The Mello I LUP was not amended at the time the Mello I1 LUP was
adopted. Until later amendments occurred, it did not become an issue because the land
use policies and agriculture subsidy program in the Mello I1 LUP were understood to
apply to the “Occidental Land” properties located in the Mello I LUP segment and were
implemented as such.
However, in 1984, Public Resource Code Sections 30171.2 and 30171.5 were added to
the Coastal Act, which modified the agriculture subsidy program provided in the Mello I1
LUP of the LCP. Section 30171.2 stated that “on or after January 1, 1985, no
agricultural conversion fees may be levied or collected under the agricultural subsidy
program provided in the local coastal program of the City of Carlsbad.. .” It also stated
that “all other provisions of that program shall continue to be operative, including the
right to develop designated areas as provided in the program.”
Public Resource Code Section 30171.5 established a mitigation fee for the conversion of
non-prime agriculture lands to urban uses. This policy is now part of Policy 2-1 of the
Mello I1 LUP . When the Mello I1 LUP was amended to remove the agriculture subsidy
Carlsbad LCPA 1-03A
Page 13
program, pursuant to Section 30171.2, and add the mitigation fee policy, pursuant to
Section 301 71.5, the land use policies for the “Occidental Land” properties were also
deleted.
The deletion of the Mello I1 LUP policies regarding the “Occidental Land” properties
created a confusing situation. Section 30171.2 itself eliminated only the agricultural
subsidy program of the original Mello I1 LUP. It expressly provided that all other
provisions “shall continue to be operative, including the right to develop designated areas
as provided in the [LCP].” In accordance with this provision, the “Occidental Land”
properties have been developed in conformity with the land use designations established
in the original Mello I1 LUP. The Mello I LUP land use desigmtions, however, were not
amended to reflect the pattern of development. Thus, the Mello I LUP land use
designations, which normally should establish the pattern of development occurring in
this area, are out of sync with land use regulations that have actually been applied. The
pending LCP amendment would amend the Mello I LUP land use designations regarding
the property east and west of 1-5 to bring them into conformity with the land use
designations established in the original Mello I1 LUP which are the policies under which
the properties have been developed.
The LCP amendment would adopt the former Mello I1 LUP residential land use , designation for the property north of Poinsettia Lane and east of 1-5, but reduce the
maximum density from 12 dwelling units per acre to 8 dwelling units per acre. The
amendment adopts a residential land use designation for the subject (Smith) property with
a maximum density of 8 units per acre. These land use designations do not represent any
conflicts with Chapter 3 policies as the surrounding area has been entirely developed with
visitor-serving, other commercial, and residential uses. The Commission pursuant to
Section 30171.2 and 30171.5 found the earlier changes to the LCP which eliminated
policies designed to preserve agricultural land in the coastal zone to be consistent with
the agriculture protection policies of the Coastal Act.
3. Concentration of Development
Section 30250 is applicable to the proposed LCP amendment and provides:
Section 30250.
(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity
to, existing developed areas able to accommodate it or, where such areas are not able to
accommodate it, in other areas with adequate public services and where it will not have
significant adverse effects, either individually or cumulatively, on coastal resources. In
addition, land divisions, other than leases for agricultural uses, outside existing developed
areas shall be permitted only where 50 percent of the usable parcels in the area have been
developed and the created parcels would be no smaller than the average size of
surrounding parcels.
Carlsbad LCPA 1-03A
Page 14
(b) Where feasible, new hazardous industrial development shall be located away
from existing developed areas.
(c) Visitor-serving facilities that cannot feasibly be located in existing developed
areas shall be located in existing isolated developments or at selected points of attraction
for visitors.
Section 30250 generally requires that new development be appropriatety sited to
concentrate development in existing developed areas able to accommodate it. 30250(c)
requires that visitor serving facilities that cannot feasibly be located in existing developed
areas should be located at selected points or attraction for visitors. The proposed LCP
amendment would eliminate the neighborhood commercial land use designation on the
subject site east of 1-5 at Poinsettia Lane. The site is in an existing developed area and
located near a major transporation corridor making it accessible to regional traffic. It is
also served by the commuter rail service and near recreational areas, beaches, hotels and
lagoons. Adequate visitor serving and commercial uses exist west of 1-5 to serve the
visiting public; thus, the Commission finds that designation of the 5 acre site to a
residential use is not in conflict with Section 30250 or the access and recreation policies
of the Coastal Act.
Section 30252(2) of the Act calls for providing commercial facilities within or adjoining
residential development or in other areas that will minimize the use of coastal access
roads. The subject area is served by public transit in the form of bus and rail service, and
is immediately adjacent to a regional transportation cooridor. The site is ideally suited
for increased density, adjacent to an adequate supply of neighborhood commercial
development to support the proposed increase in residential units. The area is able to
accommodate the potential traffic generated by such residential and commercial buildout,
consistent with Section 30252 of the Act.
PART IV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD MELLO
I IMPLEMENTATION PLAN AMENDMENT #1-03A, AS
SUBMITTED
A. AMENDMENT DESCRIPTION
The project also includes a proposal to change the LCP zone designation of the Smith
property, located south of Poinsettia Lane and east of 1-5, as follows:
FROM:
Current Zoning
(Neighborhood Commercial /
Qualified Development Overlay Zone)
Within the Commercial Visitor-Serving
Overlay Zone
C-1-Q
TO:
Proposed Zoning
(Residential Density Multiple /
Qualified Development Overlay Zone)
Without the Commercial Visitor-Serving
Overlay Zone
RDM-Q
Carlsbad LCPA 1 -03A
Page 15
Qualified Development Overlay Zone (Q):
The Qualified Development Overlay Zone (Q) is an existing overlay zone on the project
site. The intent of the Q Overlay Zone is to supplement the underlying zone by providing
additional regulations for development on properties with unique circumstances, such as
special treatment areas.
The project site is located within an area designated as a “scenic corridor.” Both
Interstate 5 and Poinsettia Lane are designated as ‘‘Community Scenic Corridors”. One
of the programs identified in the Circulation Element is to establish a special overlay
zone along the designated scenic corridors. Because the site is located within a scenic
corridor, the Q Overlay Zone was approved to remain as a supplement to the RD-M
Zone.
Commercial Visitor-Serving Overlay Zone:
In 1999, the Visitor Serving Overlay was adopted by the City of Carlsbad and the
Commission and applies to the subject parcel. The commerciaYvisitor-serving overlay
zone supplements the underlying zoning of affected properties by providing additional
regulations for commercial/visitor-serving uses. The overlay zone controls the location,
operation and appearance of newly proposed commercial/visitor-serving uses within the
overlay zone to prevent the over-proliferation of certain uses as well as to ensure high
quality appearance and operation. It applies to all properties shown with the designation
“commercial/visitor-serving overlay zone” on the zoning map except any properties used
as automobile dealerships within the car country Carlsbad specific plan area. The
proposed LCP amendment would remove the Visitor-serving overlay from the subject
site as the use is being changed to a residential use.
B. FINDINGS FOR APPROVAL, AS SUBMITTED.
The standard of review for LCP implmentation 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.
a) Purpose and Intent of the Ordinance. The proposed RD-M zone provides for
the development of medium and high density residential uses. The existing C-1
Neighborhood Commercial zone is to provide for the development and use of commercial
businesses that cater to consumers.
b) Maior Provisions of the Ordinance. The RD-M/Q zone allows multi-family
residential housing and associated amenities, sets a 35’ height limit and establishes
development standards for setbacks, placement of buildings and minimum lot area.
Additional development standards for this zone include provisions for minimum distance
between buildings and minimum parking requirements for residents and guests. The
minimum lot size permitted in the RD-M zone is 10,000 square feet. The LCP
establishes density in terms of ranges. The density for a project must be the lowest
Carlsbad LCPA 1-03A
Page 16
density established by the range unless a greater density within the range is justified.
c) Adequacy of the Ordinance to Imdement the Certified LUP Sements. 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), as amended. In the case of the subject LCP amendment, the City’s Municipal
Code serves as the Implementation Program for the Mello I LUP segment of the LCP.
The LUP, as amended, designates the Smith property for residential development with a
maximum density of 8 dwelling units per acre. The proposed RD-M/Q zone allows
multi-family residential development within the range of the underlying land use
designation; therefore, the proposed zone is consistent with the certified LUP, as
amended.
The residential uses and accessory uses permitted within the proposed RD-M zone are
compatible with the adjacent and surrounding residential uses. The project site is a
single, 5.12-acre lot, which is sufficient to accommodate a medium density residential
development subject to the development standards of the RD-M zone. Therefore, the
Commission finds the proposed rezone is adequate to carry out the provisions of the
certified LUP as it adequately implements the proposed residential land use designation.
Mello I1 LUP Policies 6-5 and 6-8 relate to the provision of visitor serving uses. Policy
6-5, in particular, call for visitor serving facilities to be provided at the site of the former
Occidental properties (1-5 and Poinsettia Lane).
POLICY 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS, AND
VISITOR SERVING USES
Approximately 40 acres of additional visitor-serving (hotel-motel and restaurant) uses
should be established. Assuming a density of approximately ten hotel-motel rooms per
acre, the estimated need of 200 additional rooms can be achieved. Restaurants and other
visitor-serving facilities also need to be provided. Suggested locations are the
intersections of Interstate 5 with Palomar Airport Road and/or Poinsettia Lane. Not all of
this demand needs to be met with land immediately within the coastal zone.
POLICY 6-8 DEFINITION OF VISITOR SERVING COMMERCIAL USES: AND
EAST END OF BUENA VISTA LAGOON
“Visitor-serving commercial uses’ shall be defined to include hotels and motels,
recreational facilities, restaurants and bars, amusement parks, public parks, horticultural
gardens, farmers’ markets, retail uses accessory to another use which is the primary use
of the site, and other accessory uses customarily catering to hotel and motel guests.
Typically, in review of LCPs, the Commission wants to assure that adequate land area is
set-aside for visitor serving uses, recognizing such uses as “higher priority” as identified
in Section 30222. Policy 6-8 of the Mello I1 LCP defines visitor serving uses. Policy 6-5
of the Mello I1 LCP identifies that approximately.40 acres of additional visitor-serving
*
Carlsbad LCPA 1-03A
Page 17
uses should be established within Carlsbad. A review of the land use and zoning for the
entire city indicates there is approximately 430 acres of land with a visitor-serving
Commercial Tourist C-T zone and/or T-R land use designation in Carlsbad within the
coastal zone. This amount of visitor-serving land area is sufficient to meet the
requirements of Section 30222 for the City.
Regarding the former Occidental properties, north and west of Poinsettia Lane/I-5, the
existing land use designations are Commercial and Travel Recreation and the zoning is
General Commercial (C-2). The subject site east of 1-5 has an existing C-1 zone (ref.
Exhibit 5). The certified C-2 zone allows hotels, motels and restaurants and many other
visitor serving uses. The Commercial land use designation allows five different types of
commercial uses-local shopping center, regional commercial, travel recreation, village
and office and related commercial. The existing land use and zoning of the area north
and west of Poinsettia Lane/I-5 contains 18.85 acres of which 1 1.04 acres (59% of total
area) are developed with existing visitor serving uses. Additionally, 1.1 1 acres (5% of
total area) is vacant but designated T-R. Added together, 12.5 acres (64% of total area) is
designated as visitor serving. Based on the above, the Commission notes the land use
policies, designations and zoning are in place to assure that at least 35% of the
commercial uses will be visitor serving, consistent with the Commission's previous LUP
requirement.
Regarding the subject property, the land use provisions established by the Mello I1
Segment removed the requirement for 35% tourist commercial uses, and allowed the
Smith property located east of 1-5 and south of Poinsettia Lane to develop entirely with
neighborhood commercial uses. The visitor serving uses that the Commission initially
anticipated would occur south of Poinsettia Lane have instead occurred on the property
located northwest of 1-5 and Poinsettia Lane. Because sufficient visitor-serving amenities
are provided in the immediate vicinity of the Smith property, removing the visitor-
serving land use designation on the Smith property is consistent with Coastal Act
Sections 30213 and 30222.
PART V. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL
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 an LCP submittal or, as in this case, an LCP
amendment submittal, to find that the LCP, or LCP, as amended, does conform to CEQA
provisions. The proposed rezone will not result in less visitor serving uses than was
originally approved on the Occidental properties or an intensity of land use incompatible
Carlsbad LCPA 1-03A
Page 18
with surrounding development. The Commission finds that there are no feasible
alternatives or feasible mitigation measures available which would substantially lessen
any significant adverse effect that the LCP amendment may have on the environment.
Therefore, in terms of CEQA review, the Commission finds that approval of the LCP
amendment will not result in any significant adverse environmental impacts.
@:Ban DiegoRe.ports\LCP's\Carlsbad\CAR LCPA 1 -03A(2))
, Occidental Land, Inc. I-) Standard Pacific rA Rancho'La Costa
Ex hi bi t “C”
LOCAL COASTAL PROGRAM MELLO I SEGMENT
“OCCIDENTAL LAND, INC.” TEXT AMENDMENT -
2. Occidental Land, Inc.
Policy 1 - Land Uses
NOTE:
The “Occidental Land, Inc.” landowners elected to pay an agriculture
conversion fee as required bv the Agricultural Subsidv Program
established bv the Mello I1 LCP Segment (AB 1971) adopted and
certified by the Coastal Commission on June 3, 1981. With the
election to pay the agriculture conversion fee, the Agricultural
Subsidv Program allowed the “Occidental Land, Inc.” properties to
be developed in accordance with the land uses described below.
Pursuant to State Legislation in 1984, the Agricultural Subsidy
Program was replaced with the Agriculture Conversion Mitigation
Fee (Public Resource Code Section 30171.2 and 30171.5) (Mello I1
Segment Policv 2-1 Option 3).
As per Public Resource Code Section 30171.2, the land use policies
established in 1981 by the adoption of the Meilo I1 Segment remained
“operative” even though the Agricultural Subsidv Program was
replaced.
1
2
The Occidental Land parcels are herebv designated as follows:
P
The area located east of Interstate 5 and north of Poinsettia Lane shall be
designated for residential use at a maximum densitv of 8 dwellinp units per
acre. -
The area located east of Interstate 5 and south of Poinsettia Lane shall be
designated for residential use at a maximum densitv of 8 dwelling units Der
acre. -
The area located west of Interstate 5 and south of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
accordinp to Chapter 21.26 of the Carlsbad Zoning Ordinance.
The area located west of Interstate 5 and north of Poinsettia Lane shall be
designated for visitor-serving or neighborhood commercial development
according to Chapter 21.26 of the Carlsbad Zoning Ordinance, Drovided that
a minimum of 35 70 is developed as visitor serving uses.
3