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Home My WebLink AboutLCPA 94-01; Development Agreements ZCA/LCPA; Local Coastal Program Amendment (LCPA) (6)August 25,1995 Deborah Lee California Coastal Commission 3111 Camino Del Rio North, Suite 200 San Diego, CA 92108-1725 SUBJECT: REVISED APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT #95-01- DEVELOPMENT AGREEMENTS (LCPA 94-01) AND THE CARLSBAD RANCH FCLOWER FIELD TRAIL REALIGNMENT (LCPA 90-08(A) Dear Deborah: Enclosed is the City of Carlsbad’s revised application to amend it’s Local Coastal Program. The amendment includes adding the Development Agreements Chapter of the Zoning Ordinance to the implementation plan for the City’s Local Coastal Program. This proposed Local Coastal Program Amendment (LCPA) will ensure consistency between the City’s amended Zoning Ordinance and the LCP. I have obtained the necessary authorization for submittal of this chapter as you requested in your April 25, 1995 letter (copy attached). The Carlsbad City Council approved submittal of the entire Dcvelopmcnt Agreements Chapter at a noticed public hearing held on August 15,1995. The support documentation specified on the application checklist is enclosed. , Also enclosed is a LCPA application for the Carlsbad Ranch Specific Plan Flower Ficld Trail Realignment. The City provided a 6 week public notice for this Minor LCPA and Minor Specific Plan Amendment. The Planning Director has approved this proposal subject to approval by your agency as required by the Specific Plan. The process for this amendment is the same as was previously utilized to adjust lot and street locations associated with the site for the Gcmological Institute of America. The City is requesting that these two LCPA applications be grouped together for purposes of determining the number of amendments proposed. Should you need additional information CT have :any questions concerning the applications, please contact me at 438-1161, extension 4446. DON NEU Senior Planner DN:kr Attachments C: Planning Director Assistant Planning Director Principal Planner Green Chris Calkins, Carltas Company Grace Manues 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (6; 9) 438-1 161 March 7, 1995 (REVISED AND RESUBMI’ITED AUGUST 25,1995) California Coastal Commission San Diego Coast District 1333 Camino Del Rio South, Suite 125 San Diego, CA 92108-3520 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT #95-01 I. JURISDICTION CITY OF CARLSBAD - LCPA 94-01/ZCA 94-01 Development Agreements SEGMENT? The City’s Zoning Ordinance, which is the implementing ordinance for the City’s six Local Coastal Program Segments including: Mello I, Mello 11, Agua Hedionda, Redevelopment Area, East Batiquitos LagoonMunt Properties, and West Batiquitos La_goon/Sammis Properties, is proposed for amendment. 11. TYPE OF AMENDMENT SUBMITTAL (check) A) LUP - B) ZONING - C) LCP (Land Use & Zoning) - X I11 LCP STATUS Y/N, DATE A) LUP CERTIFIED See Attachment “A B) ZONING CERTIFIED See Attachment “A C) D) STATUS OF COMM. ACTION ON SUGGESTED MODIFICATIONS N/A PRIOR COMMISSION ACTION ON THIS SUBMITTAL? - No IV. SUMMARY OF AMENDMENT PROPOSAL The proposed LCP Amendment is an amendment to the City’s Zoning Ordinance, which is the implementing ordinance for the City’s Local Coastal Program Segments. The proposed amendment is to add Chapter 21.70, Development Agreements, of the Carlsbad Municipal Code to the implementation plan for the City’s Local Coastal Program. @ 2075 Las Palmas Drive - Carlsbad, California 92009-1 576 - (61 9) 438-1 161 - /' California Coastal Commisiuai March7, 1995 Page 2 The amendment is proposed as a result of the City Council adopted economic development strategy and allows for the consideration of development agreements with proposed projects. The amendment is also proposed 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 development agreements. Two requests for development agreements have been made to City staff. As a result this amendment was initiated. Section 21.70.090 of the ordinance specifies that for projects located within the coastal zone the development agreement shall not become effective until a Local Coastal Program Amendment or Coastal Development Permit, whichever is applicable, has been granted by the California Coastal Commission or its successor in interest. V. COMMISSION OFFICE USE ONLY AMENDMENT # DATE RECEIVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION A I AWM D Date VI. PROJECT PLANNER For information regarding this application, please contact Don Neu at (619) 438-1161, ext. 4446. /* LCPA SUBMITTAL REQUIREMENTS -- CHECKLIST 1. Council Resolution - signed and dated indicating City intends to administer LCP consistent with the Coastal Act and indicating date LCPA will take effect. NOTE: X (CODY Enclosed) All amendments take effect immediately upon Coastal Commission approval unless other- wise stated. 2. 3. 4. 5. 6. 7. 8. 9. A reproducible copy of Council adopted LCPA X X If new text indicate where it fits into certified text. If revised text clearly indicates using strikeouts and/or underlines showing modifications. - If map change, submit replacement map. A discussion of amendments relationship to and effect on other sections of the previously certified LCP. Zoning measures 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 coastal resources. Copies of environmental review documents. Summary of measures to ensure both public and agency participation. X List of public hearing dates X Notice of interested parties X Mailing list NIA Comments NIA Responses to comments All staff reports plus attachments. (Cow Enclosed) X (See Attachment m X (See Attachment “B) X (See Attachment “B”) X (See Attachment “B”) X (CODY enclosed) X (See Attachment “B & Enclosed CoDies) X (Copy Enclosed) ATTACHMENT "A" 11 A) LUP Certified I Mello I Yes I 1980 ir I Mello I1 Yes I 1981 II I Agua Hedionda Yes 1982 I I I I Village Redevelopment Yes 1988 Area I East Batiquitos Lagoon Yes I 1988 West Batiquitos Lagoon Yes 1985 ---- B) Zoning Certified Mello I No Mello I1 No ---- 171 Agua Hedionda ---- No I Village Redevelopment Yes 1988 Area East Batiquitos Lagoon No ---- I ---- West Batiquitos Lagoon No ATTACHMENT "B" 3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP The proposed amendment will add the development agreements chapter of the City's Zoning Ordinance to the implementation plan for the Local Coastal Program. 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 and August 15, 1995. 5. AFFECT ON PUBLIC ACCESS This proposed LCPA is not affiliated with any specific development project and therefore will not directly affect public access to and from the coast. Any future project proposing a development agreement which is processed pursuant to these amended regulations and provisions shall be required to address and adequately mitigate traffic impacts. 6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON COASTAL RESOURCES This proposed LCPA (Zoning Ordinance Amendment) is not anticipated to result in significant adverse cumulative impacts on coastal resources. Any project proposing a development agreement processed pursuant 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 coastal resources. 8. SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPATION The proposed LCPA 94-01 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 Coastal Plan Amendment. Public Notice of the amendment was mailed to interested parties shown on the enclosed list. A Negative Declaration was prepared for the proposed amendment and a notice of the proposed Negative Declaration was published in the Blade-Citizen. At the close of the review period no comments were received on the Negative Declaration. A letter from the State Clearinghouse indicating that no comments were received from State Agencies is enclosed. The proposal was heard by the Planning Commission and recommended for approval on August 3, 1994. The City Council public hearing was held on February 7, 1995. The City U 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. On August 15,1995 the City Council approved Resolution No. 95-238, authorizing staff to submit the entire Development Agreements Chapter for approval. PUBLIC HEARING DATES: PLANNING COMMISSION August 3,1994 CITY COUNCIL February 7,1995 CITY COUNCIL February 14,1995 CITY COUNCIL August 15,1995