HomeMy WebLinkAboutLCPA 95-09; Ocean Bluff; Local Coastal Program Amendment (LCPA) (2)June 1 1,1996
Ms. Deborah Lee
California Coastal Commission
San Diego Coast Area
3 1 1 1 Camino Del Rio North, Suite 200
San Diego, CA 92108-1725
SUBJECT: OCEAN BLUFF REZONE - MAJOR AMENDMENT NO. 2-96A
Dear Ms. Lee:
According to the coastal staff recommendation summary presented in the staff report synopsis,
dated May 20, 1996, the rezone of the subject Ocean Bluff property from Limited Control (LC)
to R- 1-7500 would potentially allow for subsequent development of the property at a density
which would exceed the certified coastal land use plan designation (0-4 ddac). In order to
ensure that subsequent development of the Ocean Bluff parcel does not exceed the certified land
use designation (0-4 ddac), coastal staff is recommending that the City’s proposed R-1-7500
zone be rejected and then approved with the addition of the Qualified Development Overlay (Q)
Zone. The (Q) overlay zone would cany a maximum density designator of 4 ddac, thereby
restricting the maximum residential density of the subject property.
The City of Carlsbad opposes coastal staffs recommendation to reject the City’s proposal to
rezone the property to the R-1-7500 zone and to add the Q Overlay to the R-1-7500 zone to
restrict residential density. Coastal staffs recommendation is based on a technical
misunderstanding of the relationship between the City’s General Plan and it’s zoning ordinance.
Specifically, the City’s General Plan identifies general land use types allowed per land use
designation and clearly regulates permitted residential density and development intensity allowed
per designation. In comparison and consistent with State Planning and Zoning Law, the City’s
zoning ordinance identifies the specific land use types (permitted per zone and consistent with
the general land use types allowed per the General Plan) and establishes the specific development
standards (Le. building height and bulk, lot coverage, setbacks and required parking) for the
specific land use types. The important point to understand is that Carlsbad’s zoning ordinance
does not regulate density or intensity of permitted uses. Therefore, the application of the Q
Overlay Zone to determine density would set an erroneous precedent which the City cannot
accept.
The City of Carlsbad offers the following citations from Planning and Zoning Law (California
Government Code Section 65860) and the Subdivision Map Act (California Government Code
Section 66474) in support of our position that zoning this parcel to R-1-7500 would not legally
enable a density of greater than the 0-4 dwelling units per acre, as allowed by the City’s General
Plan and the certified coastal land use plan, to be achieved on the Ocean Bluff property.
2075 Las Palmas Dr. - Carlsbad, CA 92009-1 576 (61 9) 438-11 61 FAX (61 9) 438-0894 @
OCEAN BLUFF REZONE
June 11,1996
Page 2
1. California Government Code Section 65860 specifies that a zoning ordinance shall be
consistent with a City’s General Plan. The Government Code further states that a zoning
ordinance shall be deemed to be consistent with the General Plan only if the various land
uses authorized by the ordinance are compatible with the objectives, policies, general
land uses, and programs specified in such a plan. As discussed above, the City’s zoning
ordinance implements and is therefore consistent with it’s General Plan. The R-1-7500
zone permits single family residences to be developed on minimum 7500 square foot lots
subject to specific development standards. However, the permitted density for the R-l-
7500 zone and all other residential zones is established exclusively through the General
Plan. In that the R-1-7500 zone allows for the development of single family residences
on minimum 7500 square foot lots, the zone is consistent with the Residential Low
Medium (RLM) General Plan designation which allows single family homes at a density
of 0-4 du’s/ac.
2. Section 66474 of the Subdivision Map Act specifies that a City’s legislative body must
deny approval of a tentative map if it is not consistent with the General Plan.
Accordingly, subsequent development of the Ocean Bluff parcel must be found to: (1)
be consistent with the permitted uses and development standards of the R-1-7500 zone
and (2) be consistent with the general uses allowed and density permitted by the RLM
General Plan designation (0-4 ddac).
A final issue with regard to coastal staffs proposal to add the Q Overlay Zone (Chapter 2 1.06 of
the City’s Zoning Ordinance) is that the Q Overlay Zone includes no provisions for regulating
density other than requiring consistency with the General Plan. Coastal staffs contention that
the application of the Q Overlay Zone will ensure that the property will be developed with no
more than 4 dwelling unitdacre is inaccurate since residential density is regulated by the General
Plan and not the Q Overlay Zone.
If you have any further questions regarding the above, please contact me at (619) 438-1 161,
extension 4430.
~Adk E. WAY~E
Assistant Planning Director
GEW:CD:kr
c: AnneHysong
Bill Ponder