HomeMy WebLinkAboutLCPA 95-07; Carlsbad by the Sea; Local Coastal Program Amendment (LCPA) (4)PETE WILSON, Gonrnor . STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SAN DIEGO, CA 92108-1725 March 18, 1996
SAN DIEGO COAST AREA
3111 CAMINO DEL RIO NORTH, SUITE 200
(619) 521-8036 46
TO: COMMISSIONERS AND INTERESTED PERSONS
FROM: CHUCK DAMM, SOUTH COAST DISTRICT DIRECTOR
DEBORAH N. LEE, ASSISTANT DISTRICT DIRECTOR, SAN DIEGO AREA OFFICE LAURINDA R. OWENS, COASTAL PROGRAM ANALYST, SAN DIEGO AREA OFFICE
SUBJECT: STAFF RECOMMENDATION ON MAJOR AMENDMENT NO. 1-96A (Carlsbad Lutheran Homes) TO THE CITY OF CARLSBAD LCP - VILLAGE REDEVELOPMENT AREA SEGMENT (For Public Hearing and Possible Final Action at the
Coastal Commission Hearing of April 9-12, 1996)
SYNOPSIS
SUMMARY OF STAFF'S PRELIMINARY RECOMMENDATION
Staff recommends that, following a public hearing, the Commission certify the Land Use PI an amendwnt, as siibmi ttcd.
The motions and resolutions for this action begin on Pacle 3.
approval, as submitted, begin on Paae 3.
The findings for
SUMMARY OF THE LOCAL COASTAL PROGRAM SUBMITTAL
The Village Redevelopment Area comprises the downtown commercial core of
Carlsbad. The proposed submittal comprises a site-specific Land Use Plan amendment for the village redevelopment area to exempt Carlsbad by the Sea Lutheran Homes, which is a professional care facility, from the requirement contai ned in the certified LUP to provide vi si tor-servi ng commerci a1 uses on
the ground floor.
Together, the Carlsbad Village Redevelopment Plan and Village Design Manual,
copmprise the Land Use Plan for the Carlsbad Village Redevelopment Area which is part of the City of Carlsbad's certified LCP. contains six segments as follows:
Bat7 qui tos Lagoon/Sammi s Properti es, East Bati qui tos LagoonIHunt Properti es
and the subject LCP -- the Carlsbad Village Redevelopment Area. Commission approved, with suggested modifications, the Carlsbad Village
Redevelopment Area and Village Design Manual LCP of the City of Carlsbad's
Local Coastal Program on May 14, 1987.
The City's certified LCP
Agua Hedionda, Mello I, Mello 11, West
The
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ADDITIONAL INFORMATION
Further information on the Carlsbad Local Coastal Program Amendment No. 1-96/Carlsbad Lutheran Homes submittal may be obtained from Laurinda Owens at the San Diego Area Office of the Coastal Commission at 3111 Camino Del Rio North, Suite 200, San Diego, CA 92108, (619) 521-8036.
PART r. OVERVIEW
A. PLAN AREA DESCRIPTION
The Carlsbad Village Redevelopment Plan area comprises a portion of the
"inner-city" of the Carlsbad community. It contains approx. 90 acres of which
approximately half is within the coastal zone. In general, the area is
geographically bounded by Carlsbad Boulevard (Highway 101) and Garfield Street to the west, Buena Vista Lagoon to the north, 1-5 to the east, and Tamarack Avenue to the south. Nearby coastal cities include Oceanside to the north and Encinitas to the south. The very southwest portion of the subject plan area is adjacent to the ocean and the remainder of the sub-area west of Carlsbad Boulevard is within close proximity to the ocean. Because the Village Redevelopment Plan segment area is largely developed, and due to its
relatively flat terrain, few of the issues that were addressed in the other
segments of the Carlsbad LCP are addressed in the subject segment.
8. STANDARD OF REVIEW
The standard of review for the proposed land use plan amendment is found in Section 30512(c) of the Coastal Act. This section requires the Commission to certify the LUP amendment if it finds that it meets the requirements of
Chapter 3 of the Coastal Act. Specifically, it states:
(c) The Commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and
is in conformity with, the policies of Chapter 3 (commencing with Section
30200). Ex,cept as provided in paragraph (1) of subdivision (a), a
decision to certify shall require a majority vote of the appointed membership of the Commission.
c. SU MMARY OF PUBLIC PARTICIPATION
The City of Carlsbad Design Review Board held two noticed public hearings on August 16, 1995 and September 6, 1995 with regard to the subject amendment
request. In addition, the City of Carlsbad Housing and Redevelopment Commission held a hearing on the proposed LCP amendment on August 16, 1995.
Notice of the subject amendment request has been distributed to all known interested parties.
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PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTION.
A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad Local Coastal Program Land Use Plan amendment, as submitted)
MOTION I
I move that the Commission certify the City of Carlsbad Lutheran Homes Land Use Plan amendment, as submitted.
Staff Recommendation
Staff recommends a YES vote and the adoption of the following resolution and findings. Commissioners is needed to pass the motion. An affirmative vote by a majority of the appointed
Resolution 1
The Commission hereby certifies the amendment request to the City of Carlsbad Local Coastal Program LUP, as submitted, and adoDts the findinax stated below on the grounds that the amendment will meet the requirements of and conform with the policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act; the
land use plan, as amended, will contain a specific access component as
required by Section 30500 of the Coastal Act; the land use plan, as amended, will be consistent with applicable decisions of the Commission
that shall guide local government actions pursuant to Section 30625(c); and certification of the land use plan amendment does meet the
requirements of Section 21080.5(d)(2)(1) of the California Environmental Quality Act, as there would be no feasible measures or feasible
a1 ternatives which would substantially lessen significant adverse impacts
on the environment.
PART 111. FINDINGS FOR APPROVAL OF THE LAND USE PLAN AMENDMENT
A. AMENDMENT DESCRIPTION
As noted earlier, the proposed amendment request consists of a revision to the
Carlsbad Village Redevelopment Plan and Village Design Manual which comprise the certified Land Use Plan for the Carlsbad Village Redevelopment Area. The
proposed amendment represents a site-specific amendment to exempt Carlsbad by the Sea Lutheran Homes from the requirement in the.certified LUP which specifies that the ground floor of any development be devoted entirely to visitor-serving commercial uses.
B. CO NFORMANCE WITH SECTION 3000 1.5 OF THE COASTAL ACT
The Commission, finds, pursuant to Section 30512.2b of the Coastal Act, that
the LCP amendment, as set forth in the resolution for certification., is
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consistent with the policies and requirements of Chapter 3 of the Coastal Act to the extent necessary to achieve the basic state goals specified in Section 30001.5 of the Coastal Act which states:
The Legislature further finds and declares that the basic goals of the state for the Coastal Zone are to:
a) Protect, maintain and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and manrnade resources.
b) Assure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.
c) Maximize public access to and along the coast and maximize public
recreational opportunities in the coastal zone consistent with sound
resource conservation principles and constitutionally protected rights of
private property owners.
development over other developments on the coast.
d) Assure priority for coastal-dependent and coastal-related
e> Encourage state and local initiatives and cooperation in
preparing procedures to implement coordinated planning and development for
mutual ly benefi ci a1 uses, i ncl udi ng educational uses, in the coastal zone.
c. co NFORMITY OF THE CARLSBAD VILLAGE REDEVELOPMENT PLAN AND VILLAGE DESIGN MANUAL LAND USE PLAN AMENDMENT WITH CHAPTER 3
The review of land use plan amendments are generally analyzed according to
thirteen policy groups for findings of Chapter 3 consistency. particular LCP amendment request, only one issue is raised with respect to the adequacy of the provision of visitor-serving commercial uses, and therefore, none of the other policy groups are applicable or discussed herein.
In this
1. Recreation/Visi tor-Servina Commercial Uses. Section 30222 of the Act
states:
Sect i on 30222
The use of private 1 ands sui tab1 e for vi si tor-servi ng commerci a1
recreational faci 1 i ties designed to enhance pub1 i c opportunities for coastal recreation shall have priority over private residential, general industrial , or general commercial development, but not over agriculture or coastal-dependent industry.
In addition, adequate land that is suitable for visitor-serving or recreational
use should a1 so be reserved for future demand and vi si tor-serving commercial
uses are granted special consideration as a priority use.
Carlsbad by the Sea Lutheran Homes, which is a professional care and
The existing
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residential facility (primarily for the elderly), is proposed to be
redeveloped in the future through a coastal development permit including the
intensification and expansion of the facility, without a change in use. The site consists of three separate parcels. Parcel A, which is 2.3 acres in size, is located on the west side of Carlsbad Boulevard and is bounded by
Christiansen Way to the north, Grand Avenue to the south and Ocean Street to
the west. Parcel B, which is .9 acres in size, is one lot located across
Grand Avenue to the south from Parcel A, situated on the west side of Carlsbad
Boulevard, and is bounded by Garfield Street to the southwest.
approx. 12,600 sq.ft. in size and consists of a vacant oceanfront parcel located on the west side of Ocean Street. All of Parcel 6 and the majority of
Parcel A is within the Carlsbad Village Redevelopment LUP area. All of Parcel
C and that portion of Parcel A which is west of Garfield Stret, however, is
within the Mello I1 LCP segment of the City of Carlsbad's certified LCP.
(Reference Exhibit 3). This amendment request only affects the portions of
the site contained within the Village Redevelopment Area LCP segment.
This area has functioned as the major thoroughfare for the downtown area and is generally known as Carlsbad Boulevard/Old Highway 101. Specifically, the site of the amendment request is located within Sub-area 5 of the land use plan. The existing character of the surrounding properties is related to tourist, highway commercial activities and the community's local heritage.
Surrounding uses on the west side of Carlsbad Boulevard include several
restaurants, a church, and a hotel. uses. . Immmediately to the east across Carlsbad Boulevard are a mix of office
use, restaurants, retail shops and public parking facilities.
Parcel C is
Further to the west are resrdential
As noted above, the existing certified LUP contains a policy that calls for reserving Sub-area 5 for vi si tor-servi ng commerci a1 uses wi th a speci fi c
requirement that all ground floor uses within this sub-area be reserved enti rely for such use. Speci fical ly, the policy states,
"This sub-area is located within the coastal zone. Developments
entirely devoted to visitor commercial uses are preferred in this
sub-area. The entire ground floor of all projects shall be devoted
to visitor commercial uses ....I'
The subject LCP amendment request would exempt Carlsbad Lutheran Homes from
the above-ci ted requi rement to provide vi si tor-servi ng commerci a1 uses on the
ground floor. Section 30222 of the Act requires the Commission to consider
not only whether there i s an adequate provi sion of vi si tor-servi ng commercial
uses not only in terms of existing uses, but also with respect to the
reservation of land for visitor-serving commercial uses in the future. As
population increases, and the demand for such uses increases as we1 1, there must be assurance that adequate land will be reserved to meet the needs of
tourists in this nearshore region. The City has conducted a very thorough land use study of the existing commercial tourist uses within this nearshore
area.
of land devoted to current, or available for future, visitor-serving uses within Sub-area 5:
The findings of that study revealed the following information in terms
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PERCENT
Current touri st-servi ng development within 23.77 48.40% Sub-area 5:
ACRES
Land reserved for future tourist-serving
development within Sub-area 5: 7.99 16.27%
Not anticipated for future touri st-servi ng
development (Carlsbad Lutheran Homes, Army/
Navy Academy and St. Michael's Church) 17.35 35.32%
Total current/reserved tourist-serving
commercial development within Sub-area 5: 31.76 64.67%
For purposes of clarification, the second category listed that states, "land reserved for future touri st-serving commercial development" includes any presently vacant land or building or any existing uses that are not now presently visitor-serving commercial uses, which when redeveloped, will be
required to be developed with visitor-serving commercial uses. seen, approximately two-thi rds of the land in this subarea wi 11 be reserved for visi tor-serving commercial uses in the future.
As can be
However, it should be noted that separate from this subject LCP amendment request, the City is also processing a separate LCP amendment which will result in repealing the existing Village Design Manual and replacing it with a
new Village Redevelopment Master Plan and Village Design Manual. Essentially,
this will result in a new LUP for the redevelopment area. Since the issue
regardi ng adequacy of vi si tor-serving commerci a1 uses wi 11 be rai sed by both LCP amendments, a brief discussion and analysis of what is being proposed in the other amendment request is warranted in the staff report of the subject amendment request. As part of the Village Redevelopment Master Plan and Design Manual LCP LUP amendment, existing Sub-area 5, where the Lutheran Homes is located, along with the other sub-areas within the redevelopment area, will be re-named with new land use districts and the boundary of Sub-area 5 will be
reconfigured and reduced in size. railroad right-of-way east of Carlsbad Boulevard. The re-configured land use district is smaller with the removal of approximately three to four blocks from this sub-area totaling approx. eight acres. However, because this area i s compri sed of a comparable mix of uses including vi si tor-servi ng commercial , residential, office and other uses, the overall percentage of existing commerci al-touri st serving uses and 1 and reserved for future uses remains approximately the same (2/3 of the sub-area) as in the existing LCP. In addition, the separate LCP amendment replacing the existing Village Design
Manual still provides for an appropriate mix of commercial uses and will
assure that adequate visitor-serving uses may be accommodated both now and in the future.
Presently, the sub-area extends to the
In summary, for the subject Lutheran Homes amendment, the Commission finds that i t can support this si te-spec! fic exemption from the vi si tor commercial commitment. The request reflects a continuing use and the grandfathering of
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the professional care facility on the subject site. The site has not been committed to visitor-serving commercial use. In this particular case, the
site has a historical presence and the City has sought to exclude this site from the requi rement to provide vi si tor-serving commerci a1 uses i n any redevelopment proposal. Although it is appropriate, in general, to mandate
the provision of conforming uses when redevelopment occurs, this site-specific
exemption for an institutional use can be supported. There remains an
adequate provision of vi si tor-commercial uses, consistent with what presently exists, and future demand should also be accommodated given the existing LUP requirement and the nature of development in what is the central business district of the community.
land use plan amendment for the Lutheran Homes redevelopment may be found consistent with the applicable Chapter 3 policies.
The Commission therefore finds that the subject
PART IV. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
Section 21080.5 of the California Environmental Quality Act (CEQA) exempts
local government from the requirement of preparing an environmental impact report (EIR) in connection with its local coastal program. Instead, the CEQA
responsibilities are assigned to the Coastal Commission and the Commission's
LCP review and approval program has been found by the Resources Agency to be
functionally equivalent to the EIR process. the Comsssion is relieved of the responsibility to prepare an EIR for each LCP.
Thus, under CEQA Section 21080.5,
Nevertheless, the Commission is required in an LCP submittal or, as in this
case, an LUP amendment submittal, to find that the LCP, as amended, conforms
with the provisions of CEQA. The land use plan amendment to the Carlsbad
Village Redevelopment Area segment of the City's LCP consists of exempting an
existing development from the requirement contained in the certified LUP to
provide visitor-serving commercial uses on the ground floor should it
redevelop.
for visitor-serving uses including the adequate reservation of land for
visitor-serving commercial uses in the future. As such, no significant
adverse impacts wi 11 result.
As amended, the land use plan will provide sufficient protection
Furthermore, this revision should not result in any additional impacts on the
environment. Any future development would still have to provide for individual environmental assessment in compliance with CEQA. Therefore, the
Commission finds that the approval of subject amendment will not result in any
significant adverse impacts to coastal resources and can be found consistent with Chapter 3 Coastal Act policies. Therefore, the Commission finds that no
significant, unmitigable environmental impacts under the meaning of CEQA will
result from the approval of the proposed amendment.