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HomeMy WebLinkAboutLCPA 02-05; Smith Property Land Use Change; Local Coastal Program Amendment (LCPA) (5)c - yh.42272-a City of Carlsbad July 2,2002 Bill Ponder California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108 RE: LAND USE AMENDMENT AND ZONE CHANGE ON VACANT PARCEL LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 5 AND POINSETTIA LANE (APN: 214471-53) Dear Mr. Ponder: This letter is a follow-up to my previous letter to you dated April 1, 2002 regarding the land use amendment noted above. As mentioned in the April 1, 2002 letter, the City of Carlsbad City Council has directed City staff to process the necessary General Plan, Zoning, and Local Coastal Plan amendments to change the current commercial designation to residential on a vacant 5.12 acre parcel located on the southeast corner of Interstate 5 and Poinsettia Lane (Smith property). In the April 1, 2002 letter I requested that the Coastal Commission provide a written response indicating whether or not they would consider supporting a land use and zone change from commercial to residential. You responded via voicemail that your initial response was that the Coastal Commission would not support any residential designation because the Coastal Commission would prefer to see the property developed with a visitor-serving commercial use. As noted in the previous letter, the property is located within the Mello I Segment of the Carlsbad Local Coastal Plan, which states “commercial uses may be allowed on the two parcels south of Poinsettia’ Lane and adjacent to 1-5 on both sides of the freeway provided that 35% of the land area is devoted exclusively to tourist commercial uses”. City staff has researched the history of the Local Coastai Plan in reference to the subject site, and based on our research, staff would like the Coastal Commission to consider the following: 1. The need for “tourist commercial uses” that was identified when the Mello I Segment was originally adopted, and ultimately resulted in the 35% tourist commercial requirement noted above, may have been met on other 1635 Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-4600 0. FAX (760) 602-8559 www.ci.carlsbad.ca.us @ Letter to Coastal Comn-ion Re: GPA 02-02, ZC 02-03, LCPA 02-05 July 2,2002 Paqe 2 of 5 properties in the vicinity that were not originally anticipated to develop as commerciaVtourist commercial; and 2. When the Mello II Segment of the LCP was adopted in 1981 , the 35% “tourist commercial” land use requirement was removed from the land south of Poinsettia Lane on both sides of 1-5. On September 30, 1980, the Coastal Commission adopted the Mello I Segment of the Carlsbad LCP. At the time of adoption and to date, the Mello I Segment wadis comprised of three areas of land identified as “Standard Pacific”, “Occidental Land, Inc”, and “Rancho La Costa”. The subject property is one parcel located within the “Occidental Land” area. The Occidental Land area includes approximately 143 acres of land located north, south, east and west of the intersection of Interstate 5 and Poinsettia Lane. When the Mello I Segment was originally adopted, the Occidental properties were designated for planned development in a planned agriculture zone. Originally, planned commercial and residential development were permitted on the Occidental properties as follows: a. b. C. “Residential uses allowed on parcels with soils rated below Class IV in the Land Use Capability Classification, at an increased density of 4 units per acre provided that such development meets the other requirements of these policies, and the additional requirements of the RDM zone”. “Commercial uses may be allowed on the two parcels south of Poinsettia Lane and adjacent to 1-5 on both sides of the freeway provided that 35% of the land area is devoted to exclusively tourist commercial uses”. “The two parcels north of Poinsettia Lane on either side of 1-5 and the portion of the easternmost parcel that contains any soils of Class I through IV under the Land Use Capability Classification shall be permanently protected as agricultural cropland exclusively, through recordation of an agricultural conservation easement that allows only agricultural uses”. Based on the originally adopted Mello I Segment, the only commercial development anticipated within the Occidental Land area was on the south side of Poinsettia Lane on both sides of 1-5. It appears that in 1980, the Coastal Commission determined that the area south of Poinsettia Lane was the most appropriate for commercial development. In addition, the 35% “tourist commercial’’ requirement reflects a need that was identified for visitor-serving uses in that area. 1 Letter to Coastal Comn;. .ion Re: GPA 02-02, ZC 02-03, LCPA 02-05 July 2,2002 Paae 3 of 5 The land located north of Poinsettia Lane and west of 1-5 was originally required to be permanently protected as agricultural crop land. Therefore, 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 as commercial/tourist commercial. However, there are currently four hotels and one restaurant located north of Poinsettia Lane on the west side of 1-5. The hotel development (visitor-serving commercial) on the property northwest of 1-5 and Poinsettia Lane was made possible when the Mello II Segment was adopted by the Coastal Commission in 1981. When the ’Mello II Segment was originally adopted it included provisions for the development of “developable agricultural lands” subject to an agricultural subsidy program. The agricultural subsidy program specified in the Mello II Segment applied to the Occidental Land properties provided that the property owners chose to pay an “agricultural development fee”. The original Mello II Segment 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 1-5 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”. Therefore, the development requirements stated within the Mello II Segment replaced the requirements originally adopted in the Mello I Segment. There are two significant modifications to the development requirements for the Occidental properties established with the Mello II Segment. The first significant modification was that the 35% “tourist commercial” requirement was deleted on the land south of Poinsettia Lane on both sides of 1-5. The development requirement was changed to specify that the area be designated for “visitor-serving or neighborhood commercial development according to Ch. 21.26 of Carlsbad Zoning Ordinances”. . ” Letter to Coastal Comm, ,ion Re: GPA 02-02, ZC 02-03, LCPA 02-05 July 2,2002 Paqe 4 of 5 The second significant modification was the provision for “visitor-serving or neighborhood commercial development” on the area west of 1-5 and north of Poinsettia Lane, and that a minimum of 35% of the area be developed as visitor-serving uses. It appears that the 35% “tourist commercial’’ requirement was removed from the south side of Poinsettia Lane and applied 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. In fact, 50% of the total Occidental area north of Poinsettia and west of 1-5 has been developed with visitor-serving uses. City staff asks that the Coastal Commission consider the above information when considering the possibility of changing the land use designation on the subject site from commercial to residential. Staff understands the Coastal Commission’s policy to consider visitor-serving commercial uses as a priority over private residential or general commercial. However, staff would like the Coastal Commission to consider that the commercial/visitor-serving commercial land use designation on the subject site was adopted when other land in the area was not anticipated to develop with visitor-serving commercial uses. Since the time that the subject site was originally designated commercial/visitor-serving commercial in 1980, the land north of Poinsettia and west of 1-5, which was originally anticipated to be preserved in agriculture, has been developed with over 11 acres of visitor-serving commercial uses. In addition, when the Mello II Segment was adopted in 1981 , the 35% “tourist commercial” requirement no longer applied to the land south of Poinsettia Lane on both sides of 1-5. The need for visitor-serving uses in the vicinity of the project site has been met with the 1 I acres of hotel development on the north side of Poinsettia Lane and 1-5 and with the commercial development on the south side of Poinsettia west of 1-5, which includes approximately 3.5 acres of existinglfuture restaurant development and a service station. As indicated in the April 1 , 2002 letter, the City Council’s direction to change the land use and zoning on the property from commercial to residential was in response to several years of opposition from the surrounding residential community to any type of commercial development on the site. In light of the additional information provided above, staff would like to receive a written response from the Coastal Commission indicating whether or not they agree with our research. Also, in light of that research, would the Coastal Commission still oppose a land use and zone change on the property from commercial to residential, and if so, what is the basis for their opposition? e Letter to Coastal Comrr. ,ion Re: GPA 02-02, ZC 02-03, LCPA 02-05 July 2,2002 Page 5 of 5 The Coastal Commission's time and consideration on this matter is very much appreciated. If you have any questions, please contact me at (760) 602-4637 or jcoon@ci.carlsbad.ca.us. - Jebnifer Coon: Associate Planner JLC:rnh c: File Copy