HomeMy WebLinkAbout1996-06-05; Planning Commission; ; LCPA 95-15|MP 177Q|MP 175G|MCA 96-01|ZCA 95-03 - CITY OF CARLSBAD LOCAL COASTAL PROGRAM EFFECTIVE CERTIFICATION., --The City of CARLSBAD Planning Department
A REPORT TO THE PLANNING COMMISSION
P.C. AGENDA OF: JUNE 5, 1996
Item No.
Application complete date: NI A
Project Planner: Robert Green
Project Engineer: NI A
SUBJECT: LCPA 95-15/MP 177(O)/MP 175(G)/MCA 96-01/ZCA 95-03 -CITY OF
CARLSBAD LOCAL COASTAL PROGRAM EFFECTIVE
CERTIFICATION -A request for recommendation of approval of the
following: (1) A resolution reaffirming the Coastal Commission's "Suggested
Modifications"; agreeing to issue Coastal Development Permits; acknowledging
the receipt of the Coastal Commission's Resolution of Certification and agreeing
to its terms for Effective Certification of the City Local Coastal Program; (2)
Local Coastal Program Amendments to Local Coastal Program Implementing
Ordinances, and an amendment to add Introductions to the Land Use Plan, and
Implementation sections; (3) Master Plan amendment for A viara Master Plan
adopting the Coastal Commission's "Suggested Modifications"; (4) Master Plan
amendment for Kaiza-Poinsettia Master Plan adopting the Coastal Commission's
"Suggested Modifications"; (5) Municipal Code Amendment for the adoption of
additional language in Title 19 concerning environmental review in the Coastal
Zone; and (6) Zone Code Amendment for the adoption of Local Coastal Program
Implementing Ordinances for Mello I, Mello II, East Batiquitos Lagoon, and West
Batiquitos Lagoon segments of the Local Coastal Program.
I. RECOMMENDATION
That the Planning Commission ADOPT Planning Commission Resolution No. 3922
RECOMMENDING that the City Council Reaffirm Suggested Modifications and Agree to
Issue Coastal Development Permits; Planning Commission Resolutions No. 3923
RECOMMENDING APPROVAL of LCPA 95-15; No. 3926 RECOMMENDING
APPROVAL of MP 177(Q); No. 3927 RECOMMENDING APPROVAL of MP 175(G); No.
3934 RECOMMENDING APPROVAL of MCA 96-01; and No. 3924 RECOMMENDING
APPROVAL of ZCA 95-03, based on the findings contained therein.
II. INTRODUCTION
In 1980-5 the City's LCP was certified (approved) by the Coastal Commission, but the final steps
of approval (Effective Certification) were not taken due to work constraints and disagreements
over certain policies. Effective Certification would give the City the ability to issue its own
coastal permits and would help "streamline" application processing.
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CITY OF CARLSBAb LCP EFFECTIVE CERTIFICATION
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Applicants in the coastal zone are now usually subject to two sequential coastal permit
procedures. Each of these permit procedures is administered by a different government body (the
City and the Coastal Commission). Completion of Effective Certification and transfer of coastal
permit authority to the City would ensure that applicants for coastal permits would, in the
majority of cases, only need to obtain a coastal permit from the City. This item proposes the
final, Effective Certification steps. The entire Effective Certification process involves several
technical steps (see Exhibit E), in summary however, the process includes the following:
1. The City takes final legislative actions (as requested in this item);
2. The City transmits resolutions demonstrating that the above actions have
been taken to the Coastal Commission; and _
3. The Coastal Commission completes the process by taking certain final
"administrative" actions of its own.
In m~re detail the legislative actions which the City must take are as follows:
• The City must adopt Local Coastal Program (LCP) Amendments which change
the Coastal Ordinance language certified in 1980-85. These amendments are
necessary to adjust some of the wording to fit the current city code and to include
the latest coastal legislation. Additionally an introduction has been added to the
Land Use and implementation portions of the LCP.
• The City must reaffirm the California Coastal Commission's "Suggested
Modifications" (i.e. formally agree to previously required Coastal Commission
LCP changes).
• Approve Master Plan amendments resulting from "Suggested Modifications".
(Some Master Plans when located in the Coastal Zone become the LCP
implementing ordinances. When the Coastal Commission amends the LCP for
these plans the Master Plans must also be formally amended. A viara and
Poinsettia Shores Master Plans need such amendments.)
• Adopt a Municipal Code Amendment to add language to Title 19 concerning
environmental review within the Coastal Zone (required by the Coastal
Commission).
• Adopt a Zone Code Amendment to add coastal Implementing Ordinances to the
Zoning Ordinance. Although the wording of the coastal ordinances was approved
(Certified) in 1980-85 the ordinances still need to be inserted into the City
Municipal Code. This action will do this. The coastal ordinances apply to four of
the six segments of the City's LCP. (The City already has coastal permit authority
in the Redevelopment LCP segment, and the Agua Hedionda Lagoon segment has
been removed from the process because SDG&E is currently preparing revisions
LCPA 95-15/MP 177(Q).175(G)/MCA 96-01/ZCA 95-03
CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
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to the land use regulations. This segment will be submitted to the Coastal
Commission after completion and City approval.)
• Acknowledge receipt of the Coastal Commission's resolution of Certification and
agree to its terms.
• Accept the authority to issue Coastal Permits.
The LCP is similar in structure and operation to the City's General Plan and Zoning Ordinance;
the difference being that it contains coastal related regulations established by the Coastal Act
197 6 and is overseen by the Coastal Commission using the procedures set forth in the Coastal
Administrative Regulations. The LCP is made up of two primary components:
• Land Use -These are land use policies for the Coastal Zone in the form of text
and a map (the Land Use section functions similarly to the City's General Plan).
• Implementation -These are coastal zoning standards, i.e., a set of procedures,
standards and regulations which execute the Land Use section policies. City
Master Plans also implement the LCP.
The text of the LCP was agreed to and approved by the City and Coastal Commission in 1980-
85. The body of original text is not proposed for review with these actions. The actions which
are requested by Planning Commission and City Council at this time are to review and approve
the limited changes which staff proposes to the coastal ordinances and land use plan, insert these
ordinances into the city code (by ordinance) and approve the associated resolutions dealing with
the remaining "housekeeping" actions which the city must complete to obtain coastal permit
authority.
The following project description and background discusses these proposed changes in more
detail.
III. PROJECT DESCRIPTION AND BACKGROUND
A. Implementing Ordinances
As mentioned above, the City already has initial "approval" (certification) from the Coastal
Commission of the wording of Implementing Ordinances. However, in order for the City to take
over coastal permit authority the Implementing Ordinances must be formally added into the
Zoning Ordinance by an amendment.
Although the wording of the coastal ordinances was originally agreed between the City and the
Coastal Commission in 1985, some modifications to the City ordinance structure, application
processing procedures and Coastal Act have occurred since that time. Changes have therefore
--LCPA 95-15/MP 177(Q)/MP 175(0)/MCA 96-01/ZCA 95-03
CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
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been proposed by the City in order to fit the previously approved coastal ordinance language into
the structure of the City's existing Zoning Ordinance and ensure that the latest coastal law is
applied. The Coastal Commission .staff have agreed in concept to these changes and will be
processing them via a De Minimis ("minor") amendment.
The amendments to the Zoning Ordinance are as follows:
1. Add General Regulations and Procedures for Coastal Development Permits (See
Chapter 21.200 and 21.201). These regulations are primarily permit processing
procedures, including _noticing, exemptions and permit requirements.
2. Add Overlay Zones as follows:
• Coastal Agricultural Overlay Zone, Mello I and II (Chapter 21.202);
• Coastal Resource Protection Overlay Zone, Mello II (Chapter 21.203);
• Coastal Shoreline Development Overlay Zone, Mello II (Chapter 21.204);
• Coastal Resource Overlay Zone, Mello I (Chapter 21.205); and
• A detailed summary of the amendments is provided in Exhibit "B"
attached to this report.
3. Miscellaneous Additions/Alterations which include definitions, administrative
permits, additions to Planned Co~unity Zone, and procedures.
The City Council will be requested to -approve a Zone Code Amendment inserting the Coastal
Ordinances into the Municipal Code after a recommendation by the Planning Commission.
B. Suggested Modifications, Reaffirmation
Amendments
and Master Plan/Specific Plan
"Suggested Modifications" are changes which the California Coastal Commission has made to
Master Plans, Specific Plans, the LCP Land Use Plan and Implementing Ordinances during the
process of approving Local Coastal Program Amendments (in a similar manner to the way the
City applies conditions of approval). Because "Suggested Modifications" are changes made by
the Coastal Commission to the LCP after the City has acted, the ''Modifications" must, by law,
be returned to the City Council for ratification ( or "reaffirmation"). These "Modifications" are
shown on Exhibit "Y". Some of the "Suggested Modifications relate to Aviara and Kaiza-
Poinsettia Master Plans (see attachments to Planning Commission Resolutions No. 3926 and
3927). Master Plan amendments will be necessary, in addition to "reaffirmation", for these
items.
· The City Council will be requested to make a "reaffirmation" resolution and Master Plan
amendments for this portion of the Effective Certification after a Planning Commission
recommendation has been made.
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CITY OF CARLSBAD LCP EFFECTIVE CERTIFICATION
PAGES
C. Acceptance of Coastal Permitting
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The California Coastal Act and Coastal administrative regulations also require that the City
Council make formal resolutions acknowledging the receipt of the Coastal Commission's
Resolution of Certification, take any actions necessary to legally satisfy the Effective
Certification process and formally accept coastal permit authority. The City Council will be
requested to take the appropriate actions by resolution after a recommendation by the Planning
Commission (see resolutions 3922 and 3924).
VI. ENVIRONMENTAL REVIEW
This item is statutorily exempt from the California Environmental Quality Act (CEQA). CEQA
does not apply to activities and approvals pursuant to the California Coastal Act by any Local
Government for the preparation and adoption of a Local Coastal Program.
V. SUMMARY
These Zone Code and Master Plan amendments and "Acceptance" resolutions are the final
administrative steps which the City needs to take before applying for coastal permit authority
from the State.
ATTACHMENTS:
1. Planning Commission Resolution No. 3922, Reaffirming Suggested Mods, agreeing to
issue permits ( and Exhibit "Y")
2. Planning Commission Resolution No. 3923, Local Coastal Program amendment (and
Exhibit "YY")
3. Planning Commission Resolution No. 3924, Zone Code Amendment (and Exhibit "X" -
Draft Ordinance)
4. Planning Commission Resolution No. 3926, Master Plan Amendment-Aviara
5. Planning Commission Resolution No. 3927, Master Plan Amendment -Kaiza Poinsettia
6. Planning Commission Resolution No. 3934, Municipal Code Amendment
7. Exhibit "A" -Summary for Mello I and II Zone Code Amendments, dated May 1, 1996.
8. Exhibit "B" -Coastal Zone Map.
RG:kr
-EXHIBIT "A"
May 1, 1996
SUMMARY OF COASTAL ZONING ORDINANCE AMENDMENTS
19.040.060
21.04.107
21.33.015
21.38.141
21.38.160
21.40.135
21.41.070
21.42.020
21.50.010 and
21.50.030(4)
This amendment specifies environmental review procedures for the Coastal
Zone.
This amendment incorporates the Coastal Act's definition of development
into the Zoning Ordinance.
This amendment specifies that' development on Carlsbad State Beach is
subject to the Local Coastal Program.
Addition to Planned Community Zone for Aviara
This Zoning Ordinance Amendment would apply to the Mello I lands of
Aviara. The amendment adds additional standards that the Master Plan
must meet. The standards establish (1) an allowable residential density
based on percentage of slope and agricultural suitability of soils, (2)
drainage and erosion control standards based on percentage of slope and
natural vegetation resources, (3) a buffer and open space program between
residential and agricultural land use, and (4) innovative siting and design
criteria to minimize paved surface area.
This attachment applies to the Kelly Point/Macario Canyon area identified
on the following exhibit:
The attachment amends the Planned Community Zone 21.38 by adding
specific requirements for Master Plans in the Kelly Point/Macario Canyon
area. The specific requirements concern (1) maximum density of
development, (2) erosion, drainage, and sedimentation control, (3)
preservation of agricultural lands, ( 4) park use of the area, and ( 5) sensitive
site design whi_ch minimizes paved area.
This amendment adds language to the Scenic Preservation overlay zone to
manage scenic resources within the Coastal Zone.
This amendment to the Sign Ordinance limits the number and size of signs
allowed in the Coastal Zone.
This amendment makes conformance to the Local Coastal Program a
requirement for a conditional use permit in the Coastal Zone.
Amends two sections. The first amendment requires that a variance not
adversely affect requirements to protect coastal resources. The second
amendment requires that a variance ( 1) conform to the Local Coastal
Program and (2) not reduce protection of coastal resources or
implementation of the Local Coastal Program.
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21.52.010
21.52.160 and
21.54.120
This amendment requires that Zone boundary changes in the Coastal Zone
are accomplished through Local Coastal Program amendments.
These changes provide that amendments of the Local Coastal Program are
consistent with the requirements of the California Coastal Act and
distinguish General Plan amendments from Local Coastal Program
amendments.
21.54.050, 21.54.060(l)(e)
and 21.54.061 These amendments clarify noticing and hearing procedures.
21.54.100
21.56.010
21.61.025
21.201.
21.202.
21.203
This amendment provides for noticing of continued public hearings in the
Coastal Zone
This amendment establishes the requirements of the Local Coastal Program
as superior to any conflicting agreements between parties.
This amendment states the City's, the California Coastal Commission's and
the Attorney General's responsibilities in litigation concerning the City's
decision on a Coastal Development Permit.
These amendments add to the procedures for Coastal Permit processing
including hearings, notices, and fee chapter ordinance in this item
consistent with the Coastal Act.
Coastal Agriculture Overlay Zone (CAOZ)
The overlay zone (1) encourages the agricultural use of lands suited for
agriculture; and (2) recognizes and provides programs for the eventual
conversion of agricultural lands to urban land uses. Allowable agricultural
land uses, and lot and yard standards are established by the overlay zone.
The overlay zone defines mitigation procedures and findings for conversion
of agricultural lands to urban uses identified by the General Plan and Local
Coastal Program. Three mitigation options are provided; (1) preservation
of prime agricultural land, (2) proven agricultural infeasibility, and (3)
agricultural conversion fee. ·
Coastal Resource Protection Overlay Zone
The overlay zone applies to lands within the Mello II Segment of the
Local Coastal Program. The overlay zone preserves, protects and enhances
the environmental resource values of lagoons and steep hillsides. The
overlay zone establishes standards for the (1) preservation of steep slopes
and vegetation, and (2) the management of drainage, eros10n,
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21.204.
21.205
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sedimentation, and (3) for the preservation of coastal wildlife habitats. In
addition to these standards, special more stringent requirements apply to
Buena Vista Lagoon, the Batiquitos Lagoon watershed, and to areas west
of Interstate 5.
Coastal Shoreline Development Overlay Zone
The overlay zone applies to areas located between the sea and first public
road parallel to the sea; that would be Carlsbad Boulevard, Shore Drive,
and Ocean Street. The overlay zone establishes permitted and
conditionally permitted land uses, along with requirements for public
access to and along the beach and coastal bluffs. Procedures for (1)
providing public access, (2) reviewing proposed developments and (3)
defining stability of shoreline developments.
Coastal Resource Overlay Zone (CROZ)
The CROZ applies to Mello I lands (1) within the Batiquitos Lagoon
watershed, and (2) adjacent to agricultural uses. The overlay zone allows
a maximum density of development of seven dwelling units per acre,
according to the underlying P-C or RD-M zones. The overlay zone
requires that (1) all recommended mitigation of a certified final EIR to be
made a part of a project's conditions of approval, (2) an erosion,
sedimentation and drainage report be prepared for a project, and (3) a
significant buffer be provided between residential and agricultural land
uses.
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Met,I
Exhibit 11811
May 1, 1996