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Home My WebLink AboutLCPA 97-12; May Subdivision; Local Coastal Program Amendment (LCPA) (4)I GTATT, OF CAUFORNIA -THE RESOURCES AGENCY WILSON. Governor -4 I CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 31lf CAMINO DEL RIO NORTH, SUITE 200 SAN DIEGO, CA 92108-1725 (619) 521-8036 October 15,1998 TO: COMMISSIONERS AND INTERESTED PERSONS FROM: DEBORAH LEE, SOUTH COAST DEPUTY DIRECTOR SHERILYN SARB, DISTRICT MANAGER, SAN DIEGO AREA OFFICE BILL PONDER COASTAL PROGRAM ANALYST, SAN DIEGO AREA OFFICE SUBJECT: STAFF RECOMMENDATION ON CITY OF CA€U,SBAD MELLO I1 SEGMENT MAJOR AMENDMENT NO. 2-98 (For Public Hearing and Possible Commission Action at the Meeting of November 3-6,1998) ~~ SYNOPSIS SUMMARY OF AMENDMENT REOUEST The subject amendment request revises the certified Mello I1 (LCP) segment. The request rezones a 4.67 acre split-zoned parcel located at the.comer of Park Drive and Monroe Street from One-Family Residential (R-1-7,500 and R-1-15, OOO) to R-1-10,000. SUMMARY OF STAFF RECOMMENDATION Staff is recommending approval of the proposed rezoning as submitted. The certified Mello I1 LUP designates the site as Residential Low Medium 4 dwelling units per acre (dua). The proposed rezoning is consistent with the RLM land use designation and would not permit any greater density on the subject parcel than current zoning would allow. The appropriate resolutions and motions begin on page 3. The findings for approval of the Implementation Plan Amendment as submitted begin on page 4. which permits up to BACKGROUND The City's certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello 11, West Batiquitos LagoodSammis Properties and East Batiquitos Lagooaunt Properties. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and I1 segments in 1980 and 1981, respectively. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21, 1997 the City assumed permit jurisdiction and has been issuing coastal development permits for all of its segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment remains as a deferred Carlsbad LCPA #2-98 Page 2 certification area until an implementation plan is certified. The subject amendment request only affects the Mello I1 segment of the LCP. ADDITIONAL INFORMATION Further information on the submittal may be obtained from Bill Ponder at the San Diego Area Office of the Coastal Commission at 3 1 1 1 Camino Del Rio North, Suite 200, San Diego, CA 92108, (619) 521-8036. Carlsbad LCPA #2-98 Page 3 PART I. OVERVIEW A. STANDARD OF REVIEW The standard for Commission review of implementation plans is found in Section 305 13 of the Coastal Act. Pursuant to Section 305 13 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present. B. PUBLIC PARTICIPATION The City has held both Planning Commission and City Council hearings with regard to the subject amendment request. Each of these local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties. PART 11. LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS Following a public hearing, staff recommends the Commission adopt the following resolution and findings. The appropriate motion to introduce the resolution and a staff recommendation are provide‘d just prior to the resolution. A. RESOLUTION I (Resolution to approve certification of the City of Carlsbad LCP Implementation Plan Amendment #2-98, as submitted) MOTION I I move that the Commission reject the City of Carlsbad LCP Implementation Plan Amendment #2-98, as submitted. Staff Staff recommend An affirmative motion. adoption of the following resolution and findings. Commissioners present is needed to pass the Resolution I The Commission hereby approves certification of the amendment request to the City of Carlsbad Local Coastal Program on the grounds that the amendment conforms with and is adequate to cany out the provisions of the certified land use plan. There are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impacts, which the approval would have on the environment. Carlsbad LCPA #2-98 Page 4 PART 111. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT #2-98 AS SUBMITTED A. AMENDMENT DESCRIPTION The amendment request proposes to amend the City's certified LCP implementation plan by rezoning the 4.67-acre May property from One-Family Residential (R-1-7,500 and R- 1-15,000) to R-1-10,000. The amendment is associated with a specific project proposal currently under review by the City to subdivide the infill site into 14 single family lots with second dwelling units on two lots to comply with the project's affordable housing requirement. No other changes to the implementation plan are proposed. The subject site is located within the non-appealable area of the City's coastal development permit jurisdiction. B. FINDINGS FOR APPROVAL a) Purpose and Intent of the Ordinance. The purpose and intent of the R-1 zone (One-Family Residential Zone) is to allow for single family detached homes and associated structures. The R-1 zone is currently applied to the site. The proposed rezone would only allow 10,000 sq.fi. minimum lots where under current zoning 7,500 sq.ft. minimum lots are permitted on half the parcel (2,3 acres) and 15,000 sq.ft. minimum lots are permitted in the remaining area. No change in the R-1 zone other than changes to the minimum lot size are proposed. b) Major Provisions of the Ordinance. The amendment provides for the change of zoning of the identified parcel. The R-1 zone allows single family detached homes and associated structures, sets a 35 foot height limit, and establishes development standards for setbacks, placement of building and minimum lot area. Additional development standards for this zone include provisions for the type of garage required (i.e. two-car) and that each residence have a permanent foundation. Other requirements pertain to the composition of exterior siding of residences, specifications regarding roof pitches and minimum width of residences. c) Adequacy of Ordinance to Implement the Certified LUP. The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified Land Use Plan (LUP). In the case of the subject LCP amendment, the City's Zoning Code serves as the Implementation Program for the Mello I1 segment of the LCP. The subject property is designated with the Residential Low Medium (RLM) land use designation in the certified LUP which permits up to 4 ddac; no change is proposed in the land use designation. The certified implementation plan designates the property with a split R-1-7,500 and R- 1 - 15,000 zoning. The proposed zone change is to a R- 1-1 0,000 minimum lot size. The City found the proposed zone change is consistent with the RLM land use designation and would create a logical transition between the existing R-1-7,500 zoning to the north Carlsbad LCPA #2-98 Page 5 and R- 1 - 15,000 zoning to the south. The proposed R-1 - 10,000 zone would not permit more dwelling units than the current zoning designations in that both would allow the same number of dwelling units on the subject site, approximately 20.3 units. In its approval of the zoning map, the Commission found this zoqing consistent with the RLM designation. The actual project that is coming forward proposes 14 single family residential units and two second units on two of the lots. The density of the project is 3.4 ddac which is consistent with the RLM land use designation which allows up to 4 ddac. Thus, the Commission finds the proposed zoning is adequate to cany out the Mello I1 Land Use Plan, as certified by the Commission. PART VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Section 2 1080.5 of the California Environmental Quality Act (CEQA) exempts local government fiom 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. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Nevertheless, the Commission is required in an LCP submittal or, as in this case, an LCP amendment submittal, to find that the LCP, or LCP, as amended, does conform to CEQA provisions. The LCP amendment to the Mello I1 segment of the City's LCP proposes a change to the zoning of a property within the City's coastal zone. The proposed May rezone will not result in an intensity of land use incompatible with the surrounding development. Therefore, the Commission finds that approval of the Mello I1 zoning amendment will not result in any significant adverse environmental impacts. In addition, individual projects to which the new LCP zone would apply will require a coastal development permit, which would require review for compliance with development standards which address, in part, steep slope encroachment, preservation of native habitat (coastal sage scrub, etc.), visual resource protection, conversion of agricultural land to urban uses and parking and Mic circulation. Any specific impacts associated with individual development projects would be assessed through the environmental review process; and, an individual project's compliance with CEQA would be assured. The Commission finds that approval of the subject LCP amendment would not result in significant environmental impacts under the meaning of the California Environmental Quality Act and that the proposed changes can be made. (CAR 2-98 LCP staffrpt) ATTACHMENT “A” MAY SUBDIVISION