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HomeMy WebLinkAbout2025-09-25; Local Coastal Program Update -Coastal Commission Review Status (Districts -All); Barberio, GaryTo the members of the: CITY COUNCIL Dat~15}2ScA__k(C ✓ CM ACM✓ DCM (3)v September 25, 2025 Council Memorandum To: From: Honorable Mayor Blackburn and Members of the City Council Gary Barberio, Deputy City Manager, Community Services Via: Jeff Murphy, Community Development ~/~ctoJ Sheila Cobian, Assistant City Manager ~ {city of Carlsbad Memo ID# 2025056 Re: Local Coastal Program Update -Coastal Commission Review Status (Districts -All) This memorandum is an update to the City Councill memorandum dated November 2, 2023, which provided a status of the city's comprehensive update to its Local Coastal Program (LCP) that was approved by the City Council in 2021. Background The City Council approved on October 12, 2021, a comprehensive update to the city's LCP (Attachment A), which was subsequently submitted to the Coastal Commission in December 2021 for approval. Under state law, and with a one-year time extension granted in August 2022, the Coastal Commission had until August 2023 to act on the city's application. In May 2023, Coastal Commission staff informed the city that they would not be able to complete their review before August 2023, and therefore requested the city withdraw the application to provide them with more time to review and comment. The city agreed to this request and withdrew the LCP update application in June 2023 (Attachment B). While the Coastal Commission staff committed, as part of the city's withdrawal, to provide the city with all outstanding comments within the following two months, all remaining comments (over 200 in total) were not received until May 2024, roughly 11 months later. Since then, city staff have reviewed, evaluated and held informal discussions on the comments with Coastal Commission staff in an effort to work out a compromise. Discussion City staff evaluated and categorized the comments provided by the Coastal Commission staff on a scale from "easy" to "challenging" resolution. The topics with the widest disagreement included policies affecting environmentally sensitive habitat, sea level rise, lower-cost visitor accommodations, scenic resources, environmental justice, and water quality. As stated in the 2023 Council Memorandum (Attachment B), because there was such disagreement between the city and Coastal Commission staff on key policy issues, city staff anticipated that a presentation to City Council would be necessary to discuss the discrepancies and seek further direction. Community Services Branch Community Development Department 1635 Faraday Avenue I Carlsbad, CA 92008 I 442-339-5088 t Council Memo -Local Coastal Program Update -Coastal Commission Review Status September 25, 2025 Page 2 However, over the past six months Coastal Commission staff have expressed flexibility in their position and a willingness to compromise on key policy issues, and city staff are optimistic that with further meetings and discussion staff will be able to resolve the differences to a level of mutual agreement. Given the progress achieved to date, city staff intend to restart the official Coastal Commission approval process by resubmitting the LCP update application to the Coastal Commission next month (October 2025). State law requires that an application to amend a LCP must be submitted to the Coastal Commission within four years of the last public hearing on the amendment, which in the case of the LCP update was City Council's approval of the update on October 12, 2021. As such, the city must submit (resubmit) the LCP update by October 12, 2025, to continue the processing of the LCP amendment. Next Steps After the city resubmits the LCP update, Coastal Commission staff will follow state law timing requirements for processing an LCP amendment application. Like the last submittal, state law provides the ability for the Coastal Commission to grant a one-year time extension on the processing time; city staff anticipate that Coastal Commission action on the LCP update may occur approximately 18 months after resubmittal. During that time, city staff will continue to coordinate with the Coastal Commission's staff to find resolutions to all of their comments on the LCP update. City staff will continue to provide LCP status updates to the City Council via Council Memorandum. Attachment: A. City Council staff report dated October 12, 2021 (on file with the City Clerk's Office) B. Council Memorandum dated November 2, 2023 (on file with the City Clerk's Office) cc: Geoff Patnoe, City Manager Cindie McMahon, City Attorney Dalton Sorich, Assistant City Attorney Mike Strong, Assistant Community Development Director Eric Lardy, City Planner Robert Efird, Principal Planner Jennifer Jesser, Senior Planner