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
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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
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I .. I
I Mr, Eric Munoz
I May 8,2000 Pago 2
TEL~6195Zl 9672
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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 @