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Home My WebLink About2016-07-12; City Council; Resolution 2016-1501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2016-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING SUGGESTED MODIFICATIONS FOR LCPA 07-02, AND APPROVING THE ASSOCIATED AMENDMENTS TO THE LOCAL COASTAL PROGRAM LAND USE MAP (LCPA 07-02) AND GENERAL PLAN LAND USE MAP (GPA 07-02). CASE NAME: CASE NO.: GENERAL PLAN UPDATE LCPA 07-02/ GPA 07-02 EXHIBIT 1 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on September 22, 2015, the City Council approved a comprehensive General Plan update, including associated amendments to the Local Coastal Program land use map and the zoning map (LCPA 07-02/ZC 15-02); and WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and WHEREAS, on November 9, 2015, the city submitted an application to the Coastal Commission requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 07-02; and WHEREAS, on April27, 2016, the city requested that the Coastal Commission defer its decision on three components of the city's Local Coastal Program amendment application, described as follows: Deferred Item Marja Acres Proposed LCP Amendment Change LCP land use from: RLM (0-4 du/ac)/L (Local Shopping Center) to R-15 (8-15 du/ac)/GC (General Commercial) and Change LCP zoning from: RA-10,000 (Residential Agriculture)/C-2 (General Commercial) to RD-M (Residential Density Multiple)/C-2 (General Commercial) Reason to Defer Coastal Commission Decision At the request of Coastal Commission staff, additional time is needed to adequately evaluate LCP agriculture policies that may relate to this property. This land use and zone change will continue to be processed and brought to the Coastal Commission for decision as a separate item. Item#12-AB#22,349 July 12, 2016 Page 5 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Zoning in Deferred LCP Certification Areas Residential in C-T Zone To ensure consistency with proposed land use designations, change the zoning on various properties within the Agua Hedionda LCP segment and 10 parcels within the Mello II segment. Add residential as a permitted use within the C-T (Commercial Tourist) Zone, provided the residential use is located above the ground floor and the residential use is secondary/accessory to the primary visitor-serving commercial use. I There is no certified LCP implementation ' plan for these properties; therefore, as determined by Coastal Commission staff, LCP zoning does not technically exist and cannot be changed. The proposed LCP zoning will be incorporated as part of the city's comprehensive LCP update (currently in process), which will include an implementation plan for these properties. At the request of Coastal Commission staff, additional time is needed to evaluate the proposal. This proposal will be incorporated with the city's comprehensive LCP update. WHEREAS, on May 11, 2016, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCPA 07-02); and on May 16, 2016, the city received a letter dated May 13, 2016 from the California Coastal Commission, attached hereto as Attachment lA, that certifies (resolution of certification) the Coastal Commission's approval of the city's Local Coastal Program amendment (LCPA 07-02), subject to nine suggested modifications; and WHEREAS, acceptance of the California Coastal Commission's suggested modifications, as set forth in Attachment lA attached hereto, is necessary to comply with the California Coastal Act and California Administrative Code; and WHEREAS, the City Council did on the12th day of July, hold a duly noticed public hearing as prescribed by law to consider said request. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad, as follows: 1. The foregoing recitations are true and ,correct. -2-Item#12-AB#22,349 July 12, 2016 Page 6 of 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. The City of Carlsbad acknowledges receipt of the California Coastal Commission's resolution of certification including suggested modifications for the city's Local Coastal Program amendment {LCPA 07-02), as set forth in Attachment lA attached hereto. 3. The Local Coastal Program land use map is amended {LCPA 07-02), as shown on Attachment lB updated May 2016, attached hereto. 4. The General Plan land use map is amended {GPA 07-02), as shown on Attachment 1C updated May 2016, attached hereto. EFFECTIVE DATE: The approval of LCPA 07-02 shall not be effective until the Executive Director of the California Coastal Commission certifies that implementation of LCPA 07- 02 will be consistent with the Coastal Commission's sugge_sted modifications for LCPA 07-02. The approval of GPA 07-02, as shown on Attachment lC, shall be effective after a period for referendum has elapsed, which is thirty days after the adoption of this resolution. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill -3-Item#12-AB#22,349 July 12, 2016 Page 7 of 52 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of 2 Carlsbad on the 12th of July, 2016, by the following vote to wit: 3 4 5 AYES: Hall, Wood, Schumacher, Blackburn, Packard. 6 NOES: None. 7 ABSENT: None. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- Item#12-AB#22,349 July 12, 2016 Page 8 of 52 ATTACHMENT 1A STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governr,r CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (819) 767-2370 Ms. Jennifer Jesser City of Carlsbad Plaiming Division 1635 Faraday Avenue Carlsbad, CA 92008 May 13, 2016 Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-15-0034-2 (General Plan Update/LCP Map Revisions) Dear Ms. Jesser: On May 11, 2016, the California Coastal Commission approved the above referenced amendment to the City of Carlsbad's Local Coastal Program (LCP). The amendment involves revisions to both the Land Use Plan and Implementation Plan components of the certified LCP, including numerous land use and zoning map revisions ai1d text revisions to several Zoning Code sections to eliminate references to the RHNA base density requirement, reduce the minimum density of mixed-use developments in the C-1, C-2, and C-L zones, and allow professional care facilities in the Ozone. The Co1mnission approved the LCP amendment with nine suggested modifications that add map notes on the LCP Land Use and Zoning Maps related to the Open Space land use and zoning boundary in the Terramar neighborhood, apply the Visitor Commercial land use designation and the Commercial Tourist zone to two hotel pai·cels, retain the Travel Services C01mnercial land use designation on the Strawberry Fields parcel, retain the Public Utilities land use designation on the power plai1t parcel, retain the One-Fainily Residential zone on fourteen parcels along Willow Place, retain the Open Space zone on the north shore of Batiquitos Lagoon, and add a map note to the LCP Zoning Map clarifying that the Commission retains permitting authority in areas of deferred certification. The attached modifications contain the specific changes adopted by the Commission. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary because the amendment was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as rezonings or other ordinance revisions. This ce1iification must also include production of new LCP Land Use and Zoning Maps and new Implementation Plan Chapters 2L26, 21.27, 21.28, 21.31, and 21.53 demonstrating that the amendment, as approved by the Commission m1d accepted by the City, 'Nill be incorporated into the Item#12-AB#22,349 July 12, 2016 Page 9 of 52 May 13, 2016 Page2 City's certified Local C;oastal Program immediately upon concurrence by the Com.mission of the Executive Director's determination. As soon as the necessary documentation is received in this office and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. If you have any questions about the Commission's action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. S'.7rt~--- Gabriel Buhr Coastal Program Manager (G:\San Diego\Reports\LCPs\Carlsbad\LCP-6-CAR-15-0034-2 (General Plan Update/LCP Map Revisions) Certification Letter.docx) Item#12-AB#22,349 July 12, 2016 Page 10 of 52 May 13, 2016 Page 3 CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-15-0034-2 GENERAL PLAN UPDATE/LCP MAP REVISIONS SUGGESTED MODIFICATIONS ADOPTED BY COASTAL COMMISSION (ON MAY 11, 2016) Land Use Plan: 1. Add the following note to the City of Carlsbad LCP Land Use Map regarding the Open Space boundary in the Terramar neighborhood: "The location of this Open Space boundary shall be refined during the process to update the Carlsbad Local Coastal Program (LCPA 15-07). The boundary may be adjusted to more accurately reflect beach and bluff areas that are undevelopable pursuant to California Coastal Act and city policies.'~ 2. Revise the City of Carlsbad LCP Land Use Map to apply the Visitor Commercial (VC) land use designation to APNs 214-450-17 and 214-450-31 (720 and 751 Macadamia Drive). 3. Revise the City of Carlsbad LCP Land Use Map to retain the Public Utilities (U) land use designation on the Encina Power Station and SDG&E service center parcels (APNs 210-010-46 and 210-010-40). 4. Revise the City of Carlsbad LCP Land Use Map to retain the Travel Services Commercial (TS) land use designation on the Strawbenv Fields parcel (APN 211- 010-24). Implementation Plan: 5. Add the following note to the City of Carlsbad LCP Zoning Map regarding the Open Space boundary in the Terramar neighborhood: "The location of this Open Space boundary shall be refined during the process to update the Carlsbad Local Coastal Program (LCP A 15-07). The boundary may be adjusted to more accurately reflect beach and bluff areas that are tmdevelopable pursuant to California Coastal Act and city policies." 6. Revise the City of Carlsbad LCP Zoning Map to apply the C01mnercial Tourist (C-T) zoning designation to APNs 214-450-17 and 214-450-31 (720 and 751 Macadamia Drive). 7. Revise the City of Carlsbad LCP Zoning Map to retain the existing One-Family Residential (R-1) zoning desigi1ation on properties along Willow Place (APNs 212-230-01 to 1_11 Item#12-AB#22,349 July 12, 2016 Page 11 of 52 May 13, 2016 Page 4. 8. Revise the City of Carlsbad LCP Zoning Map to retain the existing Open Space (OS) zoning designation on the northern portions ofBatiquitos Lagoon (APN 216-140-34). 9. Add the following note to the City of Carlsbad LCP Zoning Map regarding Deferred Certification Areas: "Within the deferred ce1tification areas, the zoning classifications shown on this map are not certified by the California Coastal Commission. Until a Local Coastal Program implementation plan is certified by the California Coastal Commission for these areas, the California Coastal Commission retains authority to issue coastal development pennits for development on these properties. The California Coastal Commission will utilize the city's zoning, as shown on this map, as a guide when evaluating proposed coastal development permits within these areas." Item#12-AB#22,349 July 12, 2016 Page 12 of 52 The Location of this Open Space boundary shall be refined during the process to update the Carlsbad Local Coastal Program (LCPA 15-07). The boundary may be adjusted to more accurately reflect beach and bluff areas that are undevelopable pursuant to California Coastal Act and city policies. Land Use: Pacific Ocean R-1.5, Residential 0-1 .5 du/ac R-4, Residential 0-4 du/ac -R-8, Residential 4-8 du/ac -R-15, Residential 8-15 du/ac I I I \ \ ' \ -R-15/L, Residential 8-15 du/ac/Local Shopping Center R-15NC, Residential 8-15 du/acNisitor Commercial -R-23, Residential 15-23 du/ac -R-30, Residential 23-30 du/ac -V, Village -L, Local Shopping Center -GC, General Commercial -VC, Visitor Commercial TS , Travel Services Commercial -R, Regional Commercial Pl, Planned Industrial Pl/0, Planned Industrial/Office 0 , Office -P, Public U, Public Utilities CF, Community Facilities -OS, Open Space -TC, Transportation Corridor I \ <':. 0>1,~·t' ~ ·~ .. ~··--··· .. , ... ..... ~ Coastal Zone Highway = Major Street c:==0 = Planned Street -+-+-Railroad IUW/'.:{~!1 Lagoon Right of Way [~~~J City Limits Airport Influence Area ___._ Review Area 1 Review Area 2 ATIACHMENT 18 {'city Qf Carlsbad · Local Coastal Program Land Use Map Updated May 2016 ; i ,.. ........ t ................. .. t ___ ..,..J ••.J ! ~ I Colovero • ..j\-;,"'il>-LA NIS,\ , {;OO ~M;NO(l,.lfi' c,PINt)s, ,.,OtiE~ •I Lake ···-···-···-i ···-···-.. i_ ···-.... ···-···-.... i i i / i i i • ,,.,.,r,, .! ., 'Ill / I .......................... : 1 -•• J Moerkle i Reservoir : MIC'..i' "~ ~\I\""' dJf!f1 L., . i i i ................ 01;·00<;.· 1.l<SllM~ll v, t ~,~~~) c'<:-'o" ~ ,f' ?"-:.. u<r. ,; F SOA1BROSA -tr,,"snm ft •••-===::iFeet • , 0 3,000 J:lcbgis\products\planning\StandardMap\LCP LandUse11x17 _new. mxd Item#12-AB#22,349 July 12, 2016 Page 13 of 52 Item#12-AB#22,349 July 12, 2016 Page 14 of 52