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
..