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HomeMy WebLinkAboutLCPA 95-07; Carlsbad by the Sea; Local Coastal Program Amendment (LCPA) (7)STATE OF CALIFORNIA-THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 February 13, 1996 Gary Wayne Assistant Planning Director Ci ty of Carl sbad 2075 Las Palmas Drive Carlsbad, CA 92009 Re: Proposed Carl sbad LCP Amendment Package Dear Mr. Wayne, This.office received several items representing the above-described request on January 24, 1996. Specifically, the amendment package included, in no specific order other than the manner in which I retrieved them from the box, the following items: - Green Valley Master Plan/LCPA #95-06; - Village Area Master Plan and Design ManualiLCPA #95-10; - Senior Citizen Housing/LCPA #94-02; - Second Owel 1 i ng Uni ts/LCPA #94-02; - Density Increase/LCPA #93-02; - Affordabl e Housing Pol i ci es/LCPA #95-01; - Laurel Tree Apartments/LCPA #95-02; - Aviara Planning Area #5/Western Pacific/LCPA #95-11; - Aviara Planning Area #lZ/D'Brezza/LCPA #95-13; - Lutheran Homes/LCPA #95-07; - Biological Habitat Preserves/LCPA #95-08; and - Carlsbad Ranch/Legoland/LCPA #90-08(3). As you are well aware, it is a sizeable amendment package that covers a broad array of issues and planning areas. If you see anything missing that the City believed was included or if I have incorrectly identified an item, please note it and advise me immediately of the correction. At this point, I have Gary Wayne February 13, 1996 Page 2 distributed the various items to several planners here and they have completed only a cursory review to determine whether or not the amendment items are suitable for filing. reviewing the individual submittals for the purpose of identifying issues and determining how we can best review them and get them scheduled for Coastal Commission action. Very shortly, I will need to discuss scheduling with you as I am not presently certain that we can process all of the amendment requests at the same meeting given other workload considerations and staffing avai 1 abi 1 i ty here. Given the scope of the City’s amendment, we are still Pursuant to Section 13553 of the Commission’s Code of Regulations, the Executive Director has reviewed the transmittal and determined it is not in proper order and legally adequate to comply with the requirements of Public Resources Code Section 30510(b). Therefore, as of last Wednesday, February 7, 1996, the entire amendment package is not deemed to be filed. However, before you or other responsible staff members get too alarmed, we are more than willing to work with you to rectify certain deficiencies while continuing to process the various items or to re-package the submittal depending on the city’ s needs or priori ties. While there are a number of technical deficiencies (ie. missing mailing lists, notices, staff reports, etc.) that can easily be addressed, there are apparent noticina problems on the Green Valley Master Plan. Laurel Tree Apartments and Biological Habitat Preserves amendment reauests. These noticing problems preclude the filing of the amendment package as presently submitted. Specifi- cally, to evidence compliance with state regulations and substantiate that the local government sent proper notice to all interested parties, Section 13515 of the California Code of Regulations specifies that LCP notices must be sent, in part, to all the state and federal agencies listed in Appendix A, as amended, in the LCP Manual. Based on a review of the mailing lists submitted for the above three items, it does not now appear that such noticing was completed. A copy of the last update to Appendix A is enclosed for your review. If you believe that such noticing was completed or you have other information to bring to our attention, we are certainly willing to discuss the matter further. Relative to the other deficiencies, the individual planners who will work on the items will separately contact the responsible city staff member for those items. Based on the cursory review to date, the submittal involves amendments to both land use plan and implementation plan elements or, at least a land use plan component, for the Green Valley Master Plan, if ultimately filed; the Village Area Master Plan/Design Manual; the Density Increase amendment; the Laurel Tree Apartments, if ultimately filed; the Aviara Planning Area #s 5 and 12 revisions; the Lutheran Homes amendment; the Affordable Housing Policies; and the Carlsbad Ranch/Legoland amendment. As such, since there is a land use plan amendment element in each of those items, they have been classified as 9najorll amendments. As major amendments, the Coastal Commission has 90 days to review them and we would be agendizing them for review in April at the earl i est. . -. Gary Wayne February 13, 1996 Page 3 For the Senior Citizen Housing ordinance, Second Dwelling Units ordinance and the Biological Habitat Preserves ordinance, if ultimately fi 1 ed, those i tems appear to pertain only to implementation plan revisions; and, as such, they must be acted on within 60 days of filing and we will be agendizing them for the March hearings. If you disagree with my preliminary characterization of these items, relative to whether or not they involve land use plan and/or implementation components, please let me know as soon as possible. However, as I mentioned earlier, the scope of the amendment package is broad and we will need to make some assignment and processing decisions in the next week with your input and consultation. At first glance, my impression is that we will need to separate out several of the amendment items and we will prepare separate reports for each item. Although normally, we prepare only one report for each amendment package, the issues and dimensions of the city's submittal are so disparate that I believe it would be a disservice to all parties to try and process this request in that manner. However, in segmenting the items, it would also seem logical to process all the amendment items relating to housing concerns together, as well as possibly the two Aviara revisions together and the Lutheran Homes request with the Village Area items. Anyway, those are just some preliminary thoughts, we'll be in touch. Please don't hesitate to call me if you have any immediate concerns or questions. Sincerely, n Deborah N. Lee Assistant District Director DNL:d1(0866A) cc: Chuck Damm Chri ster Westman Debbi e Fountain Chri s DeCerbo Mike Grim Anne Hysongd Terr i Woods Don Neu