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HomeMy WebLinkAboutLCPA 98-09; Roesch Property Residential Subdivision; Local Coastal Program Amendment (LCPA) (7)MAY-09-2000 TUE 08147 IDICOASTAL COMMISSION d -- P:OZ TEL I 619521 9672 --. Eric Munoz City of Cwlsbad Planning Department 1635 Faraday Avenue C&bd CA 924"-73 14 Re: City of Carlsbad Local Coastal Program Amendment 1-2OOO Dear Mr. Munoz: This letter Js regarding the March 16,2000 submtttal of the City of Carlsbad's first LCP amendment package for the 2OOO calendar year, The package includes five fieparate actions taken by the City to mend the City's zoning Ordinance and LCP Implementation Plan. Saction 135S3 of the California Code of Regulations rtatc~ "[aln amcndmtnt to a certified LCP or LRDP together with all necessary attachments and exhibits shall be deemed "submitted" after having ban received and fouad by the cxccutivc director of the Commission to be in pper order and legally adequate to comply with Public Resources Code Section 3051O(b). Said nvbw shall bo completed within a reasonable time, but unless them ace unusual cixcumetances, no later than ten (10) working days after the date it is received in the Commission offices during normal working hours [...]*'. As you arc aware, staff completed the iaitial review of the LCP amendment package within the initial 10 day time pcriod and through a letter dated 3/30/00 fmm Bill Ponder, this offlce identified several itams which the Bxecutive Director determines am nccsssary to complete tho submittal and deem Lt suitable for filing. With your response letter dated 4/13/00, you included several of the requested item, but asked that wa identify the legal authority for nquitSng the biologid SUWq%, fire suppression plans and resource agency approvals associated with tha Manzanita, Rasch end Stcina 8ubmtttals. Section 13552' of the Commission's administrative mplations titled states in applicable part: Thc ICP or LRDP amendment submittal shall include: (a) .... (b) All policies, PIMS, standards, objectives, diagrm, drawinjp, maps, photographs, and supplcmantary data, related to tha mendment in sufpLcient detail to allow review for conformity with the requhmmts of the Coastal Act.. . .. (C),.. (d),.. (e) Any environmental Icview documents, pursuant to CEQA, rsquirsd for all or any portion of tho amendment to the lxlP or LRDP.. . .. (0 .... MAY-09-20@0 TU€ 88148 IDICOASTAL COMMISSION 1 I .. I I Mr, Eric Munoz I May 8,2000 Pago 2 TEL~6195Zl 9672 A_. I Staff has dc4crmined the quested information is necessary in order to detennine the adcquacy of the proposed LCP Implementation Plan amendments to out the policies of the certified Mello Il LCP land uae plan. We believe the above stated regulation gives staff the authority to rcquwt this information and that this infodon is necessary in ordu to find the L8 package is "in proper otdcr and legally adequate to comply with Publlc Resources Cod0 SwUon 30510@)" . That aection of the etatutc states: I Consistent with this cbapter, a pmpoaed local coastal program my be submittcd to thc commission, if both of the fo1lowing ~vb met: (a) It is submitted pwsuant to a resolution adopted by the local pvemment, after public hearing that ccrtifiw the local coastal program is intended to be canid out in a manner fully in confodty with this divioion. @) It contains, in accordance with the guideha established by thc commission, materiala sufficient for thorough and complete review, The submittal involves an amendment to the Lcp Implementation Plan and has beem classified a major amendment. AIJ a major amendment, the Coastal Commission has 60 days to review an hplcmcntation plan modification. Therefore, upon receipt of the requested informotion and completion of the submittal, we will schedule the LCP amendment for the appropriate Commission agenda. Due to workload constraints and the fact that Commission staff is cumntly workbg on Carlsbad LCPA WSSD Kelly Ranch, we anticipate it will bc difficult to proaer the entirc submittal within the required time period, therefore, a time extension may be neoerrary. Please let US know if there is any order of priority for which portions of the subdttfd should be processed first, and/or if the City is interested in segmenting the aubmittal in any way. At this rime the entire submittal is considered incomplete and not yet filed far purposes of the 60-4ay time limit. If you have any quGsths about the processing or scheduling of this amendment, please do not hesitate to call me or at this ofiice. cc: GuyWayne Bill Ponder I City of Carlsbad April 13,2000 Bill Ponder San Diego Coast District California Coastal Commission 3 1 1 1 Camino Del Rio North, Suite 200 San Diego, CA 92108-1725 CITY OF CARLSBAD LCP AMENDMENT #1-2000 The City is in receipt of your letter dated March 30, 2000 regarding the City’s LCP Amendment package #I-2000 which was submitted on March 16, 2000. That submittal was based on the LCP amendment submittal requirements checklist on file with the Planning Department. Based on our discussion on April 6, 2000, the submittal checklist used is current; it has not been updated or replaced. The March 30 letter from your office requested City Council minutes, staff report copies and exhibits of existing/proposed changes for the Roesch project, and exhibits of existing/proposed designations for the Steiner project; items which are on the checklist. Those items as well as the two requested additional copies of the LCPA submittal for the entire batch are enclosed with this letter. However, the other items listed in the March 30 letter (biological surveys, resource agency letters and fire suppression plans) appear to go beyond the scope of the LCPA checklist. Moreover, these LCPA’s are zone changes that implement the existing; General Plan and LCP/Land Use designations given the above. Staff is somewhat perplexed over the nature and details of your request. The City Attorney’s office has directed planning staff to research the legal authority for your requests. Please provide via fax any code citation or reference that would indicate the legal authority to require this additional information that is not required by the LCPA submittal checklist. If, in fact, the application is complete with the submittal of the above noted items, the Planning Department respectfully requests that LCP Amendment #1-2000 be deemed complete and processed accordingly. I can be reached at 760.602.4608; the Planning Department fax number is 760.602.8559. Sincerely, ERIC MUNOZ Senior Planner EM:mh C: Michael Holzmiller, Planning Director Gary Wayne, Assistant Planning Director Jane Mobaldi, Assistant City Attorney LPCA Staff Planners Blackburn, Donnell, Hysong, Lynch and Munoz 1635 Faraday Avenue Carlsbad, CA 92008-7314 - (760) 602-4600 FAX (760) 602-8559 @