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HomeMy WebLinkAboutLCPA 99-01; Incidental Outdoor Dining Areas II; Local Coastal Program Amendment (LCPA) (2)- City. -~ of Carlsbad October 6, 1999 California Coastal Commission San Diego Coast District 3 1 1 1 Camino Del Rio North, Suite 200 San Diego, CA 92 180 APPLICATION FOR LOCAL COASTAL PROGRAM AMENDMENT I. 11. 111. IV. JURISDICTION CITY OF CARLSBAD - LCPA 99-01/ZC 99-01 - Incidental Outdoor Dining Areas I1 SEGMENT? Mello I, Mello 11, Agua Hedionda, East Batiquitosfiunt, and West Batiquitos/Sammis segments - Including the City's Zoning Ordinance, which is the implementing ordinance for the City's six Local Coastal Program Segments. TYPE OF AMENDMENT SUBMITTAL (check) A) LUP B) ZONING X C) LCP (Zoning) - LCP STATUS A) LUP CERTIFIED B) ZONING CERTIFIED C) D) ZONING OF COMM. ACTION ON SUGGESTED MODIFICATIONS PRIOR COMMISSION ACTION ON THIS SUBMITTAL? SUMMARY OF AMENDMENT PROPOSAL Y/N, DATE Y - See Att. "A" Y - See Att. "A" NA The proposal includes an amendment to the text of the Mello I, Mello 11, Agua Hedionda, East Batiquitos/Hunt, and West Batiquitos/Sammis segments of the Local Coastal Program. The main purpose of the amendment is to provide an incentive for small outdoor dining areas associated with restaurants and other eating establishments. This action will not result in any inconsistency between the City's General Plan and Zoning. Approval of the requested LCPA will ensure consistency between the City's amended zoning regulations and the Local Coastal Program. The project area is Citywide outside of the Redevelopment Area and outside of the Commercial/Visitor-Serving Overlay zone. The proposed zone code amendment will 2075 Las Palmas Dr. Carlsbad, CA 92009-1 576 - (760) 438-1 161 - FAX (760) 438-0894 e:: _- California Coastal Commission October 6, 1999 Pane 2 allow, with some exceptions, small outdoor dining areas (IODA’s) of limited size to be provided without requiring parking for those areas subject to an IODA Permit. These IODA’s will not be allowed in the Redevelopment Area or within the Commercial/Visitor-Serving Overlay Zone. They also will not be allowed on sites located in the Coastal Zone west of the railway line where the development does not provide adequate parking to Code requirements for the indoor seating. This will ensure that no existing “under-parked” situations in the Coastal Zone will be exacerbated. V. COMMISSION OFFICE USE ONLY: AMENDMENT # DATE RECEIVED DATE FILED COMM. HEARING AGENDA COMMISSION ACTION: A , AWM ,D ,Date VI. PROJECT PLANNER For information regarding this application, please contact Elaine Blackburn, Senior Planner at (760) 438-1161, ext. 4471. LCPA SUBMITTAL REQUIREMENTS -- CHECKLIST 1. 2. 3. 4. 5. 6. 7. 8. Council Resolution - signed and dated indicating City intends to administer LCP consistent with the Coastal Act and indication date LCPA will take effect. X (Copy Enclosed) NOTE: All amendments take effect immediately upon Coastal Commission approval unless other-wise stated. A reproducible copy of Council adopted LCPA X If new text indicate where it fits into certified text. X If revised text clearly indicate using strikeouts andor underlines showing modifications. N/A If map change, submit replacement map. A discussion of amendments relationship to and effect on other sections of the previously certified LCP. X (Copies Enclosed) X (See Attachment A) Zoning measures that will implement the LCPA. X (See Attachment A) X (See Attachment A) X (See Attachment "A") Affect on public access (only for area between first public road and the Coast. An analysis of potentially significant adverse cumulative impacts on coastal resources. Copies of environmental review documents. Summary of measures to ensure both public and X (Copy Enclosed) X (See Attachment "A" and agency participation. - X - X - X Mailing list - X Comments - X Response to comments List of public hearing dates Notice of interested parties Enclosed Copies) 9. All staff reports plus attachments. X (Copy Enclosed) ATTACHMENT “A” A) LUP Certified I SEGMENTSTATUS I SEGMENT Mello I Yes 1980 Mello I1 Yes 1981 Agua Hedionda Yes 1982 I DATE I East Batiquitos Lagoon Yes West Batiquitos Lagoon Yes B) Zoning Certified I I Village Redevelopment Area Mello I Yes Mello I1 Yes Agua Hedionda Yes I Yes East Batiquitos Lagoon West Batiquitos Lagoon I 1988 Yes Yes 1988 1985 I I Village Redevelopment Are I Yes 1996 1996 1996 1988 1996 1996 ATTACHMENT “A” 3. AMENDMENTS RELATIONSHIP TO AND EFFECT ON OTHER SECTIONS OF THE PREVIOUSLY CERTIFIED LCP The project proposes an amendment to the text of the local coastal program (LCP) segments zoning. The purpose of the amendment is to provide an incentive to restaurant owners/operators to encourage provision of small outdoor dining areas associated with restaurants providing indoor seating. The incentive provided is a waiver of the parking requirements which would otherwise be associated with the small outdoor dining area. The project will not change any currently allowed or prohibited land uses or their potential locations. It will also not relieve any developer/project from full compliance with all applicable Coastal regulations. The only action this amendment will have is to create an incentive for small outdoor dining areas. It will do this by allowing these small dining areas to be provided without providing the otherwise-required parking spaces for those small areas. This parking waiver will not be available to restaurants within the CommerciaWisitor-Serving Overlay Zone. It will also not be available on sites located within the Coastal Zone west of the railroad right-of-way where parking for the indoor dining area is not provided at Code required levels. Thus, there will be no exacerbation of “under-parked” situations, Approval of the proposed LCP Amendment would establish consistency with the City’s zoning regulations. 4. ZONING MEASURES THAT WILL IMPLEMENT THE LCPA A Zone Code Amendment (ZCA 99-01) was approved to achieve consistency with the proposed Local Coastal Program Amendment. 5. AFFECT ON PUBLIC ACCESS The project area is Citywide outside of the Redevelopment Area and outside of the CommercialNisitor-Serving Overlay Zone. Consequently, the amended Code could be applied at a variety of locations. However, the amendment does not change any of the uses currently allowed or prohibited on any locations. It also does not relieve any developer/project from any otherwise applicable Coastal Zone regulations to provide public access. Therefore the project will have no affect on public access. 6. ANALYSIS OF POTENTIALLY SIGNIFICANT ADVERSE CUMULATIVE IMPACTS ON COASTAL RESOURCES The project will have no potentially significant adverse cumulative impacts on Coastal resources. The project will not change any currently allowed or prohibited land uses or their potential locations. It will also not relieve any developer/project from full compliance with all applicable Coastal regulations. The only action this amendment will have is to create an incentive for small outdoor dining areas. It will do this by allowing these small dining areas to be provided without providing the otherwise-required parking spaces for those small areas. This parking waiver will not be available to restaurants within the CommercialNisitor-Serving Overlay Zone. It will also not be available on ATTACHMENT “A” sites located within the Coastal Zone west of the railroad right-of-way where parking for the indoor dining area is not provided at Code required levels. Thus, there will be no exacerbation of “under-parked” situations. 7. SUMMARY OF MEASURES TO ENSURE BOTH PUBLIC AND AGENCY PARTICIPATION The proposed LCPA 96-03 has undergone a six (6) week public review period (February 3, 1999 through March 17, 1999). Public Notice of the amendment was mailed to the 88 interested partiedagencies on the attached list and was published in the North County Times and the Coast News. No comments were received regarding the proposed Local Coastal Plan Amendment. The project was heard by the Planning Commission and recommended for approval on April 21, 1999. The City Council held a public hearing on June 15, 1999 and approved the project. PUBLIC HEARING DATES: PLANNING COMMISSION MARCH 17, APRIL 7, AN6 APRIL 21,1999 CITY COUNCIL JUNE 15,1999 PROJECT NOTICING AND INPUT OPPORTUNITIES 1) Legal Notices e Notice of Planning Commission Public Hearing e Notice of City Council Public Hearing 3) Legal noticing included legal ads in two local newspapers. IODA I1 LCPA List of items submitted: 1. LCPA application form and “Attachment A” (responses to submittal questions) 2. Planning Commission hearing of March 17, 1999 - staff report and meeting minutes. 3. Planning Commission hearing of April 7, 1999 - staff report and meeting minutes. 4. Planning Commission hearing of April 2 1, 1999 - staff report, signed resolutions with attached exhibits (environmental documents, draft ordinance, redline-strikeout ordinance), and meeting minutes. 5. Notice of Public Hearing (Planning Commission) and list of interested parties. 6. City Council hearing of June 15, 1999 (introduction of ordinance) - agenda bill, signed resolution, draft ordinance, and meeting minutes. 7. City Council hearing of June 22,1999 (second reading) - agenda bill, signed resolution, signed ordinance, and meeting minutes.