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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