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HomeMy WebLinkAboutLCPA 92-01; Aviara Phase III; Local Coastal Program Amendment (LCPA) (21)STATE OF CALIFORNIA-THE RESOURCES AGEhLf Pm WILSON, G0-r NOTICE OF PUBLIC HEARIN CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 31 11 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 DATE: Tuesday, November 15, 1994 TIME: 1O:OO a.m. PLACE: Clarion Hotel - Bayview 6 60 'I K" Street San Diego, CA The proposed development described on Page 2 of this notice is scheduled for a public hearing before the California Coastal Conmission at the time and date i ndi cated above. This item has been tentatively scheduled as follows: - Admini strative Permit - Consent Calendar - Extension Request - X Adoption of Findings Carlsbad LCPA 1-94 (Aviara Phase III/WNP - Request for Reconsideration - Materi a1 Amendment - Hearing and Voting on Regular Calendar SEE NOTE ON PAGE 2 - Conti nued Heari ng and Voting on Regular Cal endar - Public Hearing on Regular Calendar - Substantial Issue Determination and Hearing and Voting on Appeals from Local Government Decisions - Continued Hearing and Voting on Appeals from Local Government Decisions - Other: Information on Coastal Commission meeting procedures is enclosed on Pages 3 and 4. Page 2, you have questions, please contact the Commission's San Diego District Office at (619) 521-8036. for public review at the District Office during regular business hours. staff report will be mailed to you upon request. If, after reading this information and the project description on The file on this project is available The -Over- Phase 111) open space f i cati ons , ( WNP-SD) 'i City :o revi s bound a r of Ca 'e Avi #i es, Irl sbad ara Mas real i gn ter -2- A -- i Coastal Commission Procedures for Permits and Appeals Because the State Coastal Commission now issues all coastal permits for areas without LCPs, it has developed new, streamlined procedures for considering these permits. Appli- cants should submit their permit applications at the appropriate office. Because regional commissions no longer exist, the state commission's workload has increased tremendously. neglecting important coastal issues. The following procedures are inteAded to speed up the process without IF YOU ARE AN APPLICANT: In most cases, your application will be reviewed by the district staff and placed on the state commission agenda for the earliest possible meeting. Staff will determine if the application can be put on either the consent or administrative calendar or whether it must receive a full public hearing. ADMINISTRATIVE CALENDAR: Administrative permits may be granted by the executive director for projects which are minor new developments, additions to existing structures (not exceed- ing $100,000. in cost), units or less. The Coastal Act requires that all administrative permits be reported to the Commission at its next meeting before they take effect. be reported on the administrative calendar. If four or more commissioners request that an item be held for public hearing, the project will be removed from the administrative calendar and scheduled for a public hearing and possible vote at the next regular com- mission meeting. and other interested parties may speak in opposition to the project or its conditions. Testimony is limited to 3 minutes for each side. - -- - - - -_ single family residences, or multi-family projects of four Administrative permits will Conditions may be attached to an administrative permit. Applicants CONSENT CALENDAR: Projects considered by staff to be consistent with the Coastal Act but which do not qualify for the administrative calendar may be placed on the consent calendar. Projects on the consent calendar will be approved by the commission with a single vote for the entire calendar. off consent, that item will normally be rescheduled for a regular public hearing and possible vote at the next regular commission meeting. Conditions may be attached to consent calendar permits. Opponents should tell the commission why the project is inconsistent with the Coastal Act. If three or more commissioners wish to pull an item Applicants who accept these conditions need not speak. Three minutes will be allowed for each side to speak to the commission. If there are several persons wishing to address an item, efforts should be made to consolidate pre- sentations in order to stay within the time-limits. the commission staff regarding subsequent hearings. Interested persons should check with REGULAR CALENDAR PERMIT APPLICATIONS: Projects potentially inconsistent with the Coastal Act or which can be approved only with conditions for which there are no clear precedents will be placed on the regular calendar and will be considered after a full public hearing. Persons supporting or opposing the project should tell the commission why they think the project is or is not consistent with the Act. policies and environmental impacts of the project and should not be redundant. side is allotted 10 minutes, with the applicant speaking first and then the opposition. Spoken rebuttal is not allowed, but written rebuttal or other pertinent material may be submitted to the staff following the hearing. normally be rescheduled for continued hearing and voting at the next regular commission meeting. Testimony must address coastal act Each Projects on the regular calendar will On some projects, the staff may have enaugh information to make a preliminary recommen- dation for approval after the public hearing has been held. In that case, the commission 'may vote that day and not postpone the decision. When a staff recommendation is presented to the commission, both the applicant and opponents have five minutes each to comment on the recommendations. is closed, the commission will discuss the matter and vote. After the hearing -3- -- - REQUEST FOR RECONSIDERATION: n applicant may request that t commission reconsider ' its previous action on a pernl.-c. The applicant must show that there is relevant new evidence which could not have reasonably been presented at the original hearing or that an error of fact or law occurred. the original proceedings are eligible to testify. for each side. matter will be scheduled for a public hearing-as if it were a new application. PERMIT AMENDMENTS: An applicant may apply for an amendment to a previously approved project. in support of or opposition to the amendment. Five minutes will be allotted to each side. Only the applicant and persons who participated in Testimony is limited to three minutes Should the commissioners vote to grant the reconsideration request, the The amendment will be scheduled for a public hearing and any person may speak PUBLIC HEARING PROCEDURES: If the item you are interested in speaking on is scheduled for a public hearing, you must fill out a "Request to Speak" form and give it to a staff person before the hearing starts. Sign-up forms will be available on a table at the back of the hearing room. Time limits for spoken testimony vary according to the three different calendars. of this limited time, applicants and opponents are encouraged to submit written comments to the commission office at least one week in advance.of the hearing. to two pages will be copied and forwarded to the commissioners by the staff. If you wish to submit lengthy comments, you must submit 20 copies to the commission office at least one week before the hearing. Because Comments of up If it is convenient, you may also wish to bring 20 copies of your spoken testimony to the hearing for distribution to the commissioners. Speakers may use maps, slides, photographs, models, and other visual materials in their presentations to the commission. Since such materials become part of the public record on the permit, reproductions of the materials shown must be submitted to the commission staff before or during the commission meeting, or the originals will be retained by the commission for 60 days. A carousel slide projector and screen will be available at the me et ing s . WHEN WILL AN AGENDA ITEM BE HEARD: Unfortunately, no one can predict how quickly the Commission will complete agenda items. Each session begins at the time noted on the meet- ing notice. Each item is considered in the order listed, except in extraordinary cir- cumstances. The Commission will consider an item even though the interested persons are not present. Staff at the appropriate commission office can give you more information prior to the hearing date and you can call the staff at the hearing location for last- minute information. CAMPAIGN CONTRIBUTIONS: To ensure the integrity of the permit process, the Coastal COm- mission has adopted regulations (Sections 13025.1 and 13045) prohibiting a Commissioner from voting on a permit matter if he or she has received a campaign contribution from an interested party. speaker slip and/or in your testimony, if you have made campaign contributions in excess of $250- to any Commissioner within the last year, and if so, to which Commissioner you con- tributed. HOW MANY VOTES DOES IT TAKE TO APPROVE AN APPLICATION? Each permit must be approved by a majority of the commissioners who are authorized to vote and who are present in the room. A11 permits on the consent calendar wirl be voted upon at one time with just one motion and one roll call. If you intend to speak on a permit matter, please indicate on your PUBLIC RECORDS: Public records on matters before the commission will be available for inspection at the meeting and at other times in the commission office. staff reports will also be available at the meeting. ACCESS TO HEARINGS: Extra,copies of Comiission meetings are in centralized locations and are accessible to persons with disabilities. -4 -