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HomeMy WebLinkAboutLCPA 02-10; Habitat Management Plan; Local Coastal Program Amendment (LCPA) (26)STATE OF CALIFORNIA -THE RESOURCES AGENC CALI FORN I A COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO. CA 92108-4402 (619) 767-2370 February 25,2003 Michael Holzmiller Planning Director City of Carlsbad 163 5 Faraday Avenue Crtrlsbbad, Cdifamiz 93098-73 14 GRAY DAVIS. Governor RE: Carlsbad Habitat Management Plan - Local Coastal Program Amendment 1 -03B Federal Consistency Certification Dear Mr. Holzmiller: This letter is to confirm that the San Diego office received the City of Carlsbad’s local coastal program (LCP) amendment 1-03B (Habitat Management Plan), submitted on February 7,2003. Pursuant to Section 305 1O(b) of the California Coastal Act and Section 13552 of the California Code of Regulations, staff has found the submittal to be legally adequate for filing on that date. Pursuant to Section 305 12.1 of the California Coastal Act, the California Coastal Commission must act upon the LCP amendment within 90 days of submittal. The period for Commission federal consistency review is also 90 days, dated from receipt of a complete consistency certification. Based upon the submittal date of February 7,2003 for both the LCP amendment and the federal consistency certification, the 90-day review period will end on May 8,2003. The May 2003 Commission meeting will be held in Monterey from May 6-9,2003. Because this meeting will be in northern California, and the HMP and associated LCP amendment are of considerable local and regional significance and interest, we believe that the public hearing on these matters should be held in a southern California location. Therefore, we intend to request the Commission to waive the time limit for LCP amendment 1-03B, in accordance with Section 30517 of the Coastal Act and Section 13535 CCR. If the extension is granted, the LCP amendment will be scheduled for the June 2003 Commission meeting, which will be held in Long Beach from June 10-13,2003. With respect to the consistency certification, pursuant to section 930.60(a)(3) of the federal consistency regulations [ 15 CFR §930.60(a)(3)] it is permissable for the City and Commission staff to mutually agree in writing to extend the time for Commission review. We believe that it is important to have the LCP amendment and the federal consistency review heard and acted upon at the same Commission meeting, in order to avoid potential conflicts resulting from two different Commission actions. Additionally, the change of venue resulting from the time extension would allow the local public and affected parties to more easily attend and participate in the public hearing process for both items. To this end, we respectfully request the City’s written agreement to extend the review period for the federal consistency certification, to June 13,2003. Provided that the Commission approves the LCP amendment as submitted or with recommended modifications, the pending appeal of the City golf course will be addressed following effective certification of the LCP amendment, at the soonest possible hearing. Michael Holzmiller February 25,2003 Page 2 Throughout the review and development process of the draft HMP and LCPA, staff from the Commission and the City have continually worked to develop mutually-acceptable solutions for hardline designs, corridor locations, development standards and other requirements in order to ensure consistency with the Coastal Act. We anticipate that there will be additional opportunities during review of the final HMP and LCPA for City and Commission staff to continue development and refinement of appropriate hardlines and standards, particularly as improved biological reports and mapping information continue to become available concerning actual vegetation types and locations on individual properties. The proposed time extension will Mer assist this cooperative development process, and allow sufficient time for additional information to be provided and potential revisions to be considered and agreed upon by Commission and City staff prior to issuance of the Cmimission’s staffrcpcirt and rccornmendatiorrs. It will e!so be necessary to obtain concurrence for any proposed revisions from the US Fish and Wildlife Service and the California Department of Fish and Game. We anticipate providing the City with a draft staff report no later than 30 days prior to the scheduled hearing date, so that City and Commission staff will have an additional opportunity to resolve any final concerns prior to the Commission meeting. We acknowledge the considerable staff time and resources that have gone into the LCP amendment and the second HMP addendum in order to incorporate our suggested revisions. We look forward to working with the City and the wildlife agencies over the next few months to complete the final steps prior to Commission consideration of the HMP and associated LCP amendment. At your earliest convenience, please call me at (619) 767-2370 or James Raives at (415) 904-5292 regarding extension of the federal consistency review period. If you should have any other questions or concerns, or need additional information, please do not hesitate to contact me. Sincerely, Keri L. Akers, AICP Coastal Program Analyst Cc: Don Rideout, Principal Planner, City of Carlsbad Lee Ann Carranza, USFWS Nancy Frost, CDFG HCP Team H:Wroject FileXarlsbad HMP\Carlsbad.HMPLCPA. 1 -03B. submittal letter.doc