Loading...
HomeMy WebLinkAboutLCPA 94-01; Development Agreements ZCA/LCPA; Local Coastal Program Amendment (LCPA) (3)w 34s-9; March 7,1995 DeborahLee California Coastal commission 3111 Camino Del Rio North, Suite 200 Sari Diego, CA 92108-1725 .- SUBJECT APPLICATION FOR A LOCAL COASTAL PROGRAM AMENDMENT LCPA WIOl - DEVELOPMENT AGREEMENTS Dear Deborah: Enclosed is the City of Carlsbad's completed application to amend it's Local Coastal Frogram. Specifically this proposed amendment is to the implementation program, the zoning ordinance. This proposed Local coolstal Program Amendment (LCPA) will ensure Consistency between the City's amended zoning ordinance and the LCP. The carlsbad City Council approved this LCPA and corresponding Zone code Amendment on February 14,1995. The amendment is to the Development Agreements chaw of the Zoning ordinance . The support documentah specified on the application checklist is enclosed. The City is requesting that this LBA be grouped with the Madable Housing LBA for purposes of determining the number of amendments propod. should you flced additional information or have any questions concerning the application, please contact me at (619) 438-1161, extension 4446. Sincerely, h DON NEU senior Planner C: AssistanrplaMingDitsctor Principal Planner Green @ 2075 Las Palmas Drive - Carlsbad. California 92009-1576 - (619) 438-1 161 March 7,1995 California coastal Cornmission San Diego Coast District 1333 Camino Del Rio South, Suite 125 San Diego, CA 92108-3520 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT L RISDICI'ION CITY OF CARLSBAD - LCPA 94-0l/ZCA 94-01 Development Agtwements .- .. SEGMENT? The Citv'mn Ordinance. Whla the KIlD-he - for the City's six Local Coasta 1 Program Senme nts including: MeUo L Mello II. Arma Hedionda. Redevelomnent Area. East Batiauitos Lanoon/Hunt Roperties. and West Batiauitos Laeoon/S ammis Prowrties. is DtoDosed for me ndment. IL m Iv. TYPE OF AMENDMENT SUBMITI' AL (check) llaswus Y/N, DATE A) LUPCERTIFiED B) ZONINGCERTIFIED C) D) STATUS OF COW. ACI'ION ON SUGGESTED MODIFlCATIONS NIA PRIOR COMMISSION ACI'ION ON THIS SUBMITTAL? RY OF AMENDMENT PROFOSqL The praposad LCP Amdment is an amdment tothe city% zoning ordinance , which is the implementing ordinance fa the City's Local (hstal Program Segments. The proposed amendment is to Chapter 21.70, Development Agreements, of the carlsbad Municipal Code to make the chapter applicable to any project for which a development agreement is proposed; to change all ref-es to "Land Use Planning Manager" to "Planning Director"; and to add additional requirements fm development agreements. 'I%c amemhat is propod as a mult of the City Council duptcd ccunomic development strategy and allows for the consideration of development agreements with 2075 Las Palmas Drive Carlsbad, California 92009-1576 - (619) 438-1 161 @ 1 V. proposed projects. The amendment is also propad as Section 65865(c) of the California Government Code requires the City upon the request of an applicant to establish procedures and requirements for the consideration of developmeat agreements. Two requests for development agreements have been made to City staff. As a result this amendment was initiated. Chapter 21.70 of the zoning Code contains provisions for development agreements. The chapter can presently only be utilized by project providing housing for persons of low to moderate income. The most significant change proposed as part of this amendment is to delete the references to projects providing housing for persons of low to moderate income and replacing it with text that would make the development agreements chapter applicable to any project for which an applicant requests consideration of a development agreement. The Inclusionary Housing and Residential Density Bonus Or In-Lieu Incentives Chapters added to the zoning Code in 1993.utilizc an affordable housing agreement not a development agreement. The development agreements chapter is therefore no longer utilized as a mechanism for guaranteeing the production of housing for persons of low to moderate inmme. Section 21.70.090 of the ordinance specifies that for projects located within the coastal zone the development agreement shall not becollle effective until a Local Coastal Row Amendment or Coastal Development Permit, whichever is applicable, has been granted by the California coastal comrmssl ' 'on ot its SUCC~SSOT in interest. AMENDMENT# DATE RECEXVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION A _. AWM - D Date VI. PROJECTPLANNER For information regarding this application, please contact Don Neu at (619) 438-1161, ext. 4446. LCPA SUBMITTAL REQulREMENTS - CHECKLIST 1. 2. 3. 4. 5. 6. 7. 8. 9. Council Resolution - signed and dated indicating City intends to administer LCP cotlsistent with the Coastal Act and indicating date LCPA will take effect. NOTE: X (CODY Enclosed) All amendments take effect immediately upan coastal Commission approval unless other- wise stated. A reproducible copy of Council adopted LCPA - X If new text indicate where it fits into certified text. x If revised text clearly indicates using strikeouts and/or underlines showing modifications. map change, submit replacement mal;. - A discussion of amendments relationship to and effect on other sections of the previously certified LCP. zoning me8sufcs that will implement the LCPA. Affect on public access (only for area between first public road and the Coast). An analysis of potentially significant adverse cumulative impacts on castal nsources. Copies of environmental review documents. Summary of me8surcs to ensure both public and agency participation. X Listofpublichearingdates X NotiGeofinterestedparties x Mailinglist N/A- N/A Responscstocommcnts All staff reports plus attachments. x CODv Enclose& X (See Attachment B 1 MU X (See Attachment "8") X Attachment "B") X (see Attachment "B") X (See Attachment "B" h Enclosed &Dies) A"TAC"T "A" A) LUP Certified Mello I YeS 1980 Mello XI YeS 1981 Agua Hedionda Yes 1982 Village Redevelopment Area Yes 1988 Yes I 1988 West Batiquitos Lagoon YeS 1985 I I I B) Zoning Certified Mello I - No I_ Mello II No -- Agua Hedionda No I_ YeS I 1988 - East E3atiquitos Lagoon No West Batiquitos Lagoon No -- ‘I .. ATTACHMENT ‘B’ AMENDMENTS RELATIONSHIP TO A ND EFFECT 0 N OTHE R SECTIO NS OF THE pREvrousLY CE RTIFED LCP 3. The proposed amendment will revise the development agreements chapter of the City’s zoning Ordinance making it applicable to any project for which a development agreement is requested. It will allow for the City to have procedures and requirements in place for the consideration of a development agreement (See the summary of the amendment proposal included as section IV of this application). No policies contained in the city’s LCP will be affected. In addition, no policies are proposed to be amended. 4. ZONING MEASURES THAT WILL IMPLEMENT THE LCPA Zone Code Amendment 94-01 which is the implementing ordinance for this LCPA was approved by the Carlsbad City Council on February 14, 1995. AFFECT 0 N PUBLIC ACCESS * 5. This proposed LCPA is nat affiliated with any specific development project and therefore will not directly affect public access to and hm the coast. Any future project proposing a development agreement which is processed pursuant to these ‘&ended regulations and provisions shall be required to address and adequately mitigate parking, traffic and cuastal access impacts. 6. ANALYSTS OF POTE NTrALLY s IGNIFICANT ADVERSE CUMULATIVE IM PACTS 0 N COASTAL RESOUR- This proposed LCPA (zoning ordinance Amendment) is not anticipated to result in significant adverse cumulative impacts on cuastal resources. Any project proposing a development agreement pmcesd purmant to these regulations shall be required to comply with all applicable LCP development standards, policies and provisions, especially those dealing with the protection and/or preservation of cuastal tesoucces. 8. SUM MARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY P ARTICIP ATION The proposed LCPA 9441 has undergone a six (6) week public review period (May 12,1994 - June 23,1994). The public notice was published in the Blade-Citizen and the Carlsbad Sun No comments were received regarding the proposed Local Castal Plan Amendment. Public Notice ofthe amendment was mailed to interestad parties shown on theenclosed List. A Negative Declaration was prepared for the praposed amesrdment and a notice of the praposed Negative Declaration was published in the Blade-Citizcn. At the close of the review period no COIlltnents were received on the Negative Declaration. A letter frosn the State Clearinghouse indicating that no comments were received from State Agencies is eraclosed. The proposal was heard by the Planning Commission and mcommdd far approval on August 3,1994. The City Council public hearing was held on February 7,1995. Tlre City council on that date introduced the ordinance approving ZCA 94-01 and LCPA 94-01. On February 14, 1995 the City Council adopted the ordinance amending the Development Agreements Chapter of the Carlsbad Municipal Code. PUBLIC HEARING DATES: PLANNING COMMISSION CITY COUNCIL CITY COUNCIL August 3,1994 February 7,1995 February 14,1995 ..