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HomeMy WebLinkAboutLCPA 02-05; Smith Property Land Use Change; Local Coastal Program Amendment (LCPA) (9)February 5,2003 California Coastal Commission San Diego District Ste 103 7575 Metropolitan Dr San Diego CA 92108-4402 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT I. JURISDICTION CITY OF CARLSBAD - LCPA 02-05 SEGMENT? Mello I 11. TYPE OF AMENDMENT SUBMITTAL (check) A) LUP w B) ZONING w C) LCP (Land Use & Zoning) 111. LCP STATUS Y/N, DATE A) LUPCERTIFIED B) ZONING CERTIFIED Yes. September 30, 1980 (Mello I cert.) Modified June 3, 1981 (Mello I1 cert.) - AB 462 (Mello I) September 30, 1980 (Mello I cert.) Modified June 3, 1981 (Mello II cert.) - AB 462 (Mello I) C) ZONING OF COMM. ACTION ON No. SUGGESTED MODIFICATIONS D) PRIOR COMMISSION ACTION ON No. THIS SUBMITTAL? IV. SUMMARY OF AMENDMENT PROPOSAL Local Coastal Program Land Use Program Zoning Local Coastal The project consists of a land use and zone change on a vacant 5.12 acre parcel located on the southeast comer of Interstate 5 and Poinsettia Lane. The proposed LCP land use and zoning designation changes are as follows: FROM: TO: N RM (Neighborhood Commercial) (Residential Medium Density - 4-8 ddac) C-1-Q RDM-Q (Neighborhood Commercial/ Qualified Overlay Zone) Within the Commercial Visitor-Serving Overlay Zone (Residential Density - Multiple Zone/ Qualified Overlay Zone) Without the Commercial Visitor-Serving Overlay Zone The proposed LCPA also includes text modifications to the LCP Mello I Segment document. The text modifications will reflect the proposed land use designation and will incorporate land use policies adopted with the Mello I1 Segment that supercede the policies currently stated in the Mello I Segment. V. COMMISSION OFFICE USE ONLY: AMENDMENT # - DATE RECEIVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION: A: , AWM -7 D ,Date VI. PROJECT PLANNER For information regarding this application, please contact Jennifer Coon, Associate Planner at (760) 602-4637. *.- LCPA SUBMITTAL REQUIREMENTS -- CHECKLIST 1. Council Ordinance/Resolution - signed and dated indicating City intends to administer LCP consistent with the Coastal Act and indicating date LCPA will take effect. NOTE: . All amendments take effect immediately upon Coastal Commission auuroval unless otherwise stated. 2. A reproducible copy of Council adopted LCPA 0 If new text, indicate where it fits into certified text. If revised text, clearly indicate using strikeouts andor underlines showing modifications. If map change, submit replacement map. 3. A discussion of amendments relationship to and effect on other sections of the previously certified LCP. 4. Zoning: measures that will imulement the LCPA. 5. Affect on public access (only for area between first public road and the Coast). 6. An analysis of potentially significant adverse cumulative imuacts on coastal resources. 7. Copies of environmental review documents. 8. Summary of measures to ensure both public and agency participation. w List of public hearing dates Public Notices (interested parties, environmental, hearings) w Mailing list Responses to comments 9. All staff reports plus attachments. 10. Public Hearing Minutes Comments Exhibit “A” Ordinance No. NS-654 (LCP Zoning and LCP text) Exhibit “B” Resolution No. 2002-366 (LCP Land Use) See Exhibit “A” Exhibit “Cy’ Exhibit “Dl” and “D2” Exhibit “E’ Exhibit “F” Exhibit “Gy Exhibit “Hy Exhibit “I” Exhibit “J” Exhibit “Ky Exhibit “Ll”, “L2”, “L3” and “LA” Exhibit “My Exhibit “Ny Exhibit “0” Exhibit “P’ Exhibit “Ql” and “Q2” Exhibit “C” LOCAL COASTAL PROGRAM MELLO I SEGMENT “OCCIDENTAL LAND, INC.” TEXT AMENDMENT 2. Occidental Land, Inc. Policy 1 - Land Uses NOTE: LC? TT T PD D The “Occidental Land, Inc.” landowners elected to pay an agriculture conversion fee as required by the Agricultural Subsidy Program established by 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 Subsidy 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 SePment Policy 2-1 Option 3). As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the adoption of the Mello I1 Segment remained “operative” even though the Agricultural Subsidy Program was replaced. 1 2 r L The Occidental Land parcels are hereby designated as follows: 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. - The area located east of Interstate 5 and south of Poinsettia Lane shall be designated 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 shall be designated for visitor-serving or neighborhood commercial development according 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, provided that a minimum of 35% is developed as visitor serving uses. 3 Exhibit “D 1” Property APN: 21 4-471 -53 LOCAL COASTAL PROGRAM LAND USE MAP N RM (5.12 ac.) (5.12 ac.) LCPA 02-05 draft final 0 \. Project Name: SMITH PROPERTY LAND USE CHANGE I Related Case File No@): GPA 02-02 / ZC 02-03 Property/Legal Description(s): Lot 171 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Nc 7996, filed in the Office of the County Recorder of San Diego County, August 5, 1974. LCPA Map Designation Change I From: I To: I Attach additional pages if necessary Approvals Council Approval Date: December 17,2002 Resolution No: 2002-366 Effective Date: Upon approval by Coastal Commission Signature: Exhibit “D2” LCPA Map Designation Change Property I From: I To: APN: 214-471-53 I C-1-Q (5.12 ac.) I RDM-Q (5.12 ac.) LOCAL COASTAL PROGRAM ZONING Approvals Council Approval Date: December 17,2002 Ordinance No: NS-654 LCPA 02-05 draft final 0 Within Commercial Visitor- Serving Overlay Zone Project Name: SMITH PROPERTY LAND USE CHANGE I Related Case File No(s): GPA 02-02 / ZC 02-03 Without Commercial Visitor- Serving Overlay Zone Effective Date: Upon Coastal Commission approval Signature: Property/Legal Description(s): Lot 171 of Carlsbad Tract 73-24, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7996, filed in the Office of the County Recorder of San Diego County, August 5,1974. Ex hi bit “Ey DISCUSSION OF AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP The proposed LCP amendment involves changing the LCP land use and zoning designations from a commercial designation to a residential designation on a parcel of land located on the southeast corner of Interstate 5 and Poinsettia Lane and within the Mello I Segment of the Local Coastal Program. The proposed LCP amendment also involves a modification to the LCP Mello I Segment text to reflect the proposed residential designation, and to incorporate land use policies adopted with the Mello II Segment that supercede the policies currently stated in the Mello I Segment. Proposed Land Use and Zone Change - Relationship to and Effect on LCP: The Mello I Segment of the Carlsbad Local Coastal Program was adopted and certified by the California Coastal Commission in 1980. When the Mello I Segment was originally adopted, the project site was part of an area of land called “Occidental Land”. The “Occidental Land” properties were designated for “Planned Development” in a “Planned Agriculture” zone. Commercial uses were permitted on the project site, along with the southwest corner of 1-5 and Poinsettia Lane, with the approval of a Planned Agriculture permit 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.” The 35% “tourist commercial” requirement was applied to the property because Coastal Act Section 30222 states that visitor-serving commercial recreational uses shall have “priority” over residential, industrial or general commercial development. This was an important consideration when analyzing the proposal to change the land use to residential. However, staff‘s research found that the mandatory minimum requirement for visitor-serving commercial uses on the site was removed with the later adoption of the Mello I1 Segment. In addition to the 35% tourist commercial requirement placed on the project site when the Mello I Segment was adopted, the Mello I Segment 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 Classification shall be permanently protected as agricultural cropland exclusively, through recordation of an agricultural conservation easement that allows only agricultural uses. ’’ 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 visitor-serving commercial uses. However, there are currently four hotels and one restaurant 1 located north of Poinsettia Lane on the west side of 1-5. This hotell restaurant development (visitor-serving commercial) was made possible when the Mello I1 Segment was adopted by the Coastal Commission in 198 1, 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 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 I-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 I-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 Land” property owners elected to pay the “agricultural development fee”. Although the Mello I Segment was not amended, the Mello I1 Segment was adopted after the Mello I Segment, and therefore, the standards of the Mello I1 Segment that apply to lands in Mello I supersede the Mello I standards. There are two significant changes to the development requirements for the Occidental properties established with the Mello I1 Segment, which are as follows: 1. 2. The 35% “tourist commercial” requirement was removed from 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 neighborhood commercial development according to Ch. 21.26 of Carlsbad Zoning Ordinance”. Chapter 21.26 of the Carlsbad Zoning Ordinance establishes standards for the Neighborhood Commercial Zone. Therefore, the site could be developed entirely with neighborhood commercial uses. “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”. 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 I- 5 has developed in accordance with this requirement (50% has been developed with visitor-serving uses). 2 ,* Based on the information above, staff has concluded that the requirement for 35% visitor-serving commercial uses on the project site was adopted when other land in the area was not anticipated to develop with visitor-serving commercial uses. The need for “tourist commercial’’ uses identified in the originally adopted Mello I Segment 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 existing/future restaurant development and a service station. In addition, because the land use provisions established by the Mello I1 Segment removed the requirement for 35% tourist commercial uses, and allowed the site to develop entirely with neighborhood commercial uses, the land use designation on the site is not considered a “priority” land use. (Therefore, there is no concern that a residential land use would remove a “priority” land use designation.) There is no other policy within the LCP that would prohibit a residential land use on the property. The proposed LCP land use and zone change will not effect other sections of the previously certified LCP. Proposed LCP Text Amendment- Relationshia to and Effect on LCP: The proposed LCP amendment also includes modifications to the Mello I Segment text as follows: 1. Replace the land use policies currently stated in the Mello I Segment text with the land use policies that were adopted with the original certification of the Mello 11 Segment. The Mello I1 Segment was originally certified in 198 1 and established policies applicable to “Occidental Land” properties, which supercede the policies of the Mello I Segment established in 1980; and 2. Modify the policies being incorporated from the Mello II Segment to reflect the proposed residential land use designation on the project site (RM - Residential Medium Density). In addition, the land use policies from the original Mello I1 Segment designated the “Occidental Land” property located east of Interstate 5 and north of Poinsettia Lane as residential up to a maximum density of 12 dwelling units per acre. The residentially designated “Occidental Land” properties are designated, both on the City and LCP land use maps, as RM (Residential Medium Density). In 1986, when the Carlsbad Growth Management Program was adopted, the City and LCP residential densities were changed. The medium density range was lowered to a maximum density of 8 dwelling units per acre. Therefore, the residential density range for the project site and the “Occidental Land” area northeast of Interstate 5 and Poinsettia Lane is proposed to reflect the 8 dwelling unit maximum of the medium density designation. History of Mello I/Mello 11 Segment Text Modifications The following information is intended to help clarify why the Mello I Segment was never amended to reflect the land use policies established in the Mello I1 Segment: As discussed above, the land use policies established in the Mello 11 Segment provided land use policies for the “Occidental Land” properties subject to the payment of an agriculture subsidy 3 ’ .c fee. By error, the Mello I Segment was not amended at the time the Mello I1 Segment was adopted. Until later amendments occurred, it did not become an issue because the land use policies and agriculture subsidy program in the Mello 11 Segment were understood to apply to the “Occidental Land” properties and were implemented as such. However, in 1984 Public Resource Code Section 30171.2 and 30171.5 were added to the Coastal Act, which modified the agriculture subsidy program provided in the Mello II Segment 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 Segment. When the Mello II Segment was amended to remove the agriculture subsidy program, pursuant to Section 30171.2, and add the mitigation fee policy, pursuant to Section 30171.5, the land use policies for the “Occidental Land” properties were, in error, deleted. The land use policies should not have been deleted, only the references to the agricultural subsidy program. As Section 30171.2 states, all provisions for “the right to develop areas as provided in the program” should have continued to be “operative”. The proposed amendment to the Mello I Segment text will ensure that the land use policies in the Mello I Segment reflect the current policies applicable to the project site and surrounding properties within the “Occidental Land” area, which are those established with the original certification of the Mello II Segment in 1981. The proposed text amendment will not effect other sections of the previously certified LCP. 4 Exhibit “F” ZONING MEASURES THAT WILL IMPLEMENT THE LCPA The proposed LCP amendment involves changing the LCP land use and zoning designations from a commercial designation to a residential designation on a parcel of land located on the southeast comer of Interstate 5 and Poinsettia Lane and within the Mello I Segment of the Local Coastal Program. The proposed LCP amendment also involves a modification to the LCP Mello I Segment text to reflect the proposed residential designation, and to incorporate land use policies adopted with the Mello I1 Segment that supercede the policies currently stated in the Mello I Segment. The amendment to the LCP zoning designation is consistent with and will implement the proposed LCP land use designation. Exhibit “G’ AFFECT ON PUBLIC ACCESS The project site is located on the southeast corner of Interstate 5 and Poinsettia Lane within the Mello I Segment of the LCP. The site is approximately ?h mile from the Pacific Ocean, it is not between the first public road and the coast. Therefore no coastal access provisions apply and there will be no affect on public access to coastal resources. Exhibit “H’ ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON COASTAL RESOURCES The proposed LCP amendment involves changing the LCP land use and zoning designations from a commercial designation to a residential designation on a parcel of land located on the southeast corner of Interstate 5 and Poinsettia Lane and within the Mello I Segment of the Local Coastal Program. The proposed LCP amendment also involves a modification to the LCP Mello I Segment text to reflect the proposed residential designation, and to incorporate land use policies adopted with the Mello 11 Segment that supercede the policies currently stated in the Mello I Segment. An environmental impact assessment was conducted for the proposed amendment, which determined that the amendment will not result in any adverse cumulative impact to the environment. The proposed amendment will result in a residential land use, and any future development of a residential land use on the site will be subject to a project specific environmental analysis and city ordinances, which will ensure that development of the site will not result in any adverse impact to the environment, including coastal resources. The amendment to the LCP land use and zone designations applies only to the project site and will not result in any potentially significant adverse cumulative impacts on coastal resources and will not impact access to the coastline. Exhibit “J” ~~ PublidAgency Notice Date Notice Period (Mailemblished) Public Notice to Interested Parties (LCPA) June 20,2002 6 weeks Mitigated Negative Declaration / Notice of Completion (environmental review) July 25,2002 30 days Notice of Public Hearing (Planning Commission) 2 weeks Notice of Public Hearing (City Council) November 24,2002 3 weeks+ August 22, 2002 SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPATION The measures taken to ensure both public and agency participation in the proposed Local Coastal Program Amendment are as follows: Notices were mailed to the “interested parties” list for local coastal program amendments, the State Clearinghouse, all property owners within 600 feet of the project site, all occupants within 100 feet of the project site, and additional persons who requested be notified of any hearing on the project. One letter was received from the Department of Toxic Substances Control (DTSC) (see Exhibit “N’) in response to the Notice of Completion (environmental review) that was sent to the State Clearinghouse. Staff prepared and mailed a letter responding to DTSC’s comments (see Exhibit “0,’). At the Planning Commission and City Council hearings, all those desiring to comment on the project were heard during the public hearing (see public hearing minutes). .4 September 4, 2002 September 18,2002 Exhibit “K” Planning Commission Planning Commission Continued to September 18,2002 Adopted resolutions recommending approval to City Council (4-2 vote) LIST OF PUBLIC HEARING DATES December 17,2002 Date City Council I Hearing Type I Action Adopted Mitigated Negative Declaration Approved GPA 02-02, ZC 02-03 and LCPA 02-05 (3-2 vote)