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Home My WebLink About2016-08-23; City Council; ; Approve resolution acknowledging receipt of California Coastal Commission Resolution of Certification including a suggested modification and approving an associated amendment to LCPA 14-03 Westin Hotel and TimeshareCA Review f!.tL-- CITY COUNCil Staff Report Meeting Date To: From: Staff Contact: Subject August 23, 2016 Mayor and City Council Kevin Crawford, City Manage~ Carl Stiehl, Associate Planner carl.stiehl@carlsbadca.gov or 760-602-4603 Approve a Resolution Acknowledging Receipt of the California Coastal Commission Resolution of Certification Including a Suggested Modification, and Approving an Associated Amendment to LCPA 14-03 - Westin Hotel and Timeshare Recommended Action That the City Council hold a public hearing and adopt a resolution acknowledging receipt of the California Coastal Commission's resolution of certification including a suggested modification for LCPA 14-03-Westin Hotel and Timeshare, and approving the suggested modification to the Local Coastal Program (LCP). Executive Summary On February 23, 2016, the City Council approved the Westin Hotel and Timeshare project on property located at the northwest terminus of The Crossings Drive. The City Council's approval ofthe project included amendments to the city's LCP (LCPA 14-03), as described below. Although approved by the City Council, the LCP amendments are not effective until the California Coastal Commission approves the LCP land use and zoning amendments and the commission's approval becomes effective. Discussion On March 18, 2016, the city submitted an application to the Coastal Commission requesting to amend the city's LCP per the City Council's approval of LCPA 14-03. The city's LCP amendment application requested to: • Change the LCP land use designation on the project site from Public/Planned Industrial/Office (P/PI/0) to Visitor Commercial (VC); and • Change the LCP zoning on the project site from Exclusive Agriculture/Planned Industrial/Office (E-A/P-M/0) to Commercial Tourist with a Qualified Development Overlay (C-T-Q); and • Amend the Carlsbad Ranch Specific Plan (SP 207) to incorporate 3.6 acres into Planning Area SA of the plan and revise development standards applicable to Planning Area SA. Item #15 August 23, 2016 Page 1 of 8 August 23, 2016 Page 2 of 3 During their review of the city's proposed LCP amendment, Coastal Commission staff raised concerns regarding the affordability of visitor-accommodations and recreational facilities. These concerns were raised as a result of Coastal Commission staff's interpretation of California Coastal Act Section 30213, which states that "lower cost visitor and recreational facilities shall be protected, encouraged, and where feasible, provided ... " In regard to the Westin Hotel and Timeshare project, information was provided to Coastal Commission staff that resolved their affordability concerns for that project. The information identified that the hotel would be offered at a moderate cost to visitors (based on the anticipated room rates and free/reduced cost services that reduce the overall travel costs for visitors, such as a free shuttle service and reduced costs for LEGOLAND and golfing). To address the affordability of future hotel projects, Coastal Commission staff, in consultation with city staff, recommended adding a policy to the city's LCP Land Use Plan Mello II segment (the area of the Coastal Zone where the Westin Hotel and Timeshare project site is located). The suggested policy is as follows: "Policy 6.10-Lower Cost Visitor-Serving Recreational Uses Lower cost visitor and recreational facilities shall be protected, encouraged, and where feasible, provided. Encourage a range of affordability for overnight visitor accommodations. Evaluate the affordability of any new or redeveloped overnight visitor accommodations, including amenities that reduce the cost of stay. Mitigation may be applied to protect and encourage affordable overnight accommodations." On July 13, 2016, the Coastal Commission approved the Westin Hotel and Timeshare project LCP amendment with a suggested modification to add the policy above to the Mello II segment ofthe city's LCP Land Use Plan. The first sentence of the suggested policy is verbatim from Coastal Act Section 30213; the policy also directs the city to evaluate affordability and potentially require mitigation to ensure the affordability of future development of visitor accommodations. Staff recommends that the City Council accept and approve the suggested modification, which must be accepted by the city prior to Coastal Commission certification of the amended local coastal program. The topic of protecting, encouraging and providing lower cost visitor accommodations and recreation facilities will be further evaluated, in consultation with Coastal Commission staff, during the city's comprehensive LCP update (currently in process). LCP Policy 6.10, above, may be refined or modified as part of the LCP update. Item #15 August 23, 2016 Page 2 of 8 August 23, 2016 Page 3 of 3 Fiscal Analysis The project consists of the adoption of a city policy; no fiscal impact will result from the City Council's adoption of such a policy. Environmental Evaluation (CEQA) Acceptance and approval of the Coastal Commission1s suggested modification is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15265(a)(l), which states: (a) CEQA does not apply to activities and approvals pursuant to the California Coastal Act (commencing with Section 30000 of the Public Resources Code) by: (1) Any local government, as defined in Section 30109 of the Public Resources Code, necessary for the preparation and adoption of a local coastal program. Climate Action Plan Consistency N/A Public Notification Information regarding public notifications of this item such as mailings, public hearing notices posted in the newspaper and on the city website are available in the Office of the City Clerk. Exhibits 1. A resolution acknowledging receipt of the California Coastal Commission's resolution of certification including a suggested modification for LCPA 14-03, and approving the associated amendments to the Local Coastal Program. Item #15 August 23, 2016 Page 3 of 8 RESOLUTION NO. 2016-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S RESOLUTION OF CERTIFICATION INCLUDING A SUGGESTED MODIFICATION FOR LCPA 14-03, AND APPROVING THE ASSOCIATED SUGGESTED MODIFICATION TO THE LOCAL COASTAL PROGRAM CASE NAME: WESTIN HOTEL AND TIMESHARE CASE NO.: LCPA 14-03 The City Council of the City of Carlsbad, California, does hereby resolve as follows: WHEREAS, on February 23, 2016, the City Council approved the Westin Hotel and Timeshare project, including associated amendments to the Local Coastal Program (LCPA 14-03); and WHEREAS, the California Coastal Act requires Coastal Commission certification of any local coastal program amendment; and WHEREAS, on March 18, 2016, the city submitted an application to the Coastal Commission requesting to amend the Carlsbad Local Coastal Program pursuant to LCPA 14-03; and WHEREAS, on July 13, 2016, the California Coastal Commission approved the city's Local Coastal Program Amendment (LCPA 14-03); and on July 20, 2016, the city received a letter dated July 14, 2016 from the California Coastal Commission, attached hereto as Attachment 1A, that certifies (resolution of certification) the Coastal Commission's approval of the city's Local Coastal Program amendment (LCPA 14-03), subject to a suggested modification; and WHEREAS, acceptance of the California Coastal Commission's suggested modification, as set forth in Attachment 1A attached hereto, is necessary to comply with the California Coastal Act and California Administrative Code; and WHEREAS, the City Council did on the day of August 23, 2016, hold a duly noticed public hearing as prescribed by law to consider said request. Item #15 August 23, 2016 Page 4 of 8 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. The City of Carlsbad acknowledges receipt ofthe California Coastal Commission's resolution of certification including a suggested modification for Local Coastal Program amendment- LCPA 14-03, as set forth in Attachment 1A attached hereto. 3. The Local Coastal Program Land Use Plan Mello II, Chapter 11-2 is amended (LCPA 14-03), as shown on Attachment 1B updated August 2016, attached hereto. EFFECTIVE DATE: The approval of LCPA 14-03 shall not be effective until the Executive Director of the California Coastal Commission certifies that implementation of LCPA 14-03 will be consistent with the Coastal Commission's suggested modifications for LCPA 14-03. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of Auqust , 2016, by the following vote, to wit: AYES: NOES: ABSENT: Hall, Wood, Schumacher, Blackburn, Packard. None. None. MATT HALL, Mayor Item #15 August 23, 2016 Page 5 of 8 ATTACHMENT 1A STATE OF CALIFORNIA -THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 Mr. Christer Westman City of Carlsbad Planning Depaiiment 1635 Faraday Avenue Carlsbad, CA 92008 July 14, 2016 Re: Certification of City of Carlsbad LCP Amendment No. LCP-6-CAR-16-0015-2 Part A (Westin Hotel and Timeshare) Dear Mr. Westman: On July 13, 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 and Implementation Plan components of the ce1iified LCP, including modifying the land use designation and zoning on two parcels (APNs 212-271-02 and 211-023-07), incorporating these parcels into the Carlsbad Ranch Specific Plan as new Planning Area 5A, and text revisions to the Carlsbad Ranch Specific Plan development standards applicable to Planning Areas 5 and SA. The Commission approved the LCP amendment with one suggested modification that addresses lower cost visitor and recreational facilities. The attached modifications contain the specific changes adopted by the Commission. Before the amendment request can become effectively cetiified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's ce1tification order. This is necessary because the amendment was cetiified with suggested modifications. In order for the Executive Director to make this determination, the Joe.al government must formally ac,knowledge receipt of the Commission's resolution of ce1iification, 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 cetiification must also include production of new Mello II LCP policy text demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City's cetiified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director's determination. As sooi1 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 i·egularly scheduled public hearing. If you have any questions .about the Commission's action or this final cetiification procedure, please contact our office. Thank you and the other staff members who worked on this planning effo1i. We remain available to assist you and your staff in any way possible to continue the successful implem~ntation of the local coastal program. • S74f2-- Gabriel Buhr Coastal Program Manager (G:\San [;i';:go\Reports\LCPs\Carlsbad\LCP-6-CAR-16-0015-2 Part A (Westin Hotel and Timeshare) Certification Letter.docx) Item #15 August 23, 2016 Page 6 of 8 July 14,2016 Page2 CITY OF CARLSBAD LCP AMENDMENT NO. LCP-6-CAR-16-0015-2 PART A WESTIN HOTEL AND TIMESHARE SUGGESTED MODIFICATION ADOPTED BY COASTAL COMMISSION (ON JULY 13, 2016) 1. , Add new Policy 6.10 to the Mello II Land Use Plan as follows: POLICY 6.10 -LOWER COST VISITOR-SERVING RECREATIONAL USES Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Encourage a range of affordability for overnight visitor accommodations. Evaluate the affordability of any new or redeveloped overnight visitor a<::commodations, jncluding amenities that reduce the cost of stay. Mitigation may b~lied to protect and encourage affordable overnight accommodations. Item #15 August 23, 2016 Page 7 of 8 ATIACHMENT 1B The City of Carlsbad Local Coastal Program Land Use Plan -Mello 11, Chapter 11-2 is amended to add the following new policy to read as follows: POLICY 6-10 LOWER COST VISITOR-SERVING RECREATIONAL USES Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible provided. Encourage a range of affordability for overnight visitor accommodations. Evaluate the affordability of any new or redeveloped overnight visitor accommodations, including amenities that reduce the cost of stay. Mitigation may be applied to protect and encourage affordable overnight accommodations. Item #15 August 23, 2016 Page 8 of 8 Easy Peel® Labels Use Avery® Template 5160® Bill Hofman Hofman Planning & Engineering 3152 Lionshead Avenue Carlsbad, CA 92010 Don Schemp 2507 Luciernaga Street Carlsbad, CA 92009 Chris Draper Sheraton Carlsbad Resort and Spa 5480 Grand Pacific Drive Carlsbad, CA 92008 Eric Beck National MS Society 12121 Scripps Summit Dr., Suite 190 San Diego, CA 92131 Wendy Wiegand Wiegand Realty 6333 Greenhaven Drive Carlsbad, CA 92009 James Ukegawa Carlsbad Strawberry Company 1205 Aviara Parkway Carlsbad, CA 92011 Dorothy Steckman 5121 Whitman Way, #207 Carlsbad, CA 92008 Ofelia Escobedo 3292 Roosevelt Street Carlsbad, CA 92008 ~tiquettes faciles a peler Utilisez le gabarit AVERv® 5160® I I I J I I J .& - j Bend along line to 1 expose Pop-up Edge™ J FeedPaper- Ted Owen Carlsbad Chamber of Commerce 5934 Priestly Drive Carlsbad, CA 92008 Tim Stripe Grand Pacific Resort 5900 Pasteur Court Carlsbad, CA 92008 Jennifer Garcia 1811 Aston Avenue Carlsbad, CA 92008 Jessica Jones Poseidon Water 5780 Fleet Street Carlsbad, CA 92008 Mandi Osborn 2585 Jefferson St., #41 Carlsbad, CA 92008 Michael Chamberlain Chamberlain Property Management 2653 Roosevelt St Carlsbad, CA 92008 Peter Beauchamp 3070 Monroe Street Carlsbad, CA 92008 • . Sens de chargement Repliez a Ia hachure afin de. l reveler le rebord Pop-upMC J ® AVERY® 5160® l Rick Mansur Azul Hospitality Group 800 West Ivy, Suite D San Diego, CA 92101 Julia Chunn-Heer Surfrider Foundation 9883 Pacific Height Blvd, Ste D San Diego, CA 92121 Sebrina King Box 555432 Camp Pendleton, CA 92055 Lisa Rodman & Maureen Simons Agua Hedionda Lagoon Foundation 1580 Cannon Road Carlsbad, CA 92008 Deb Beddoe 7130 Surfbird Circle Carlsbad, CA 92011 -· Steve Halterman 6686 Corte Maria Carlsbad, CA 92009 Stanley Kaminski Grand Pacific Resorts 800 West Ivy St San Diego, CA 92101 www.avery.com 1·800-GO-AVERY I I I ! Easy PeeJ® Labels Use Avery® Template 5160® CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 Etiquettes fadles a peter Utilisez le gabarit AVERv® 5160® I I • J . -FeedPaper- f Bend along line to 1 expose Pop-up Edge™ J SAN MARCOS SCHOOL DISTRICT STE 250 255 PICOAV SAN MARCOS CA 92069 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COST A AV CARLSBAD CA 92009 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 REGIONAL WATER QUALITY CONTROL BOARD STE 100 2375 NORTHSIDE DR SAN DIEGO CA 92108-2700 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 CA COASTAL COMMISSION ATIN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 MICHAEL MCSWEENEY-BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 ~ Sens de chargement Repliez a Ia hachure afin de I reveler le rebord Pop-upMC J .. ' fiii:\ 11 ~ AVERY® 5160® l ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 SO COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 www.avery.com 1-800-GO-AVERV I I ! AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: -----'-"'~.._~ d_~_l/_(p~· ·--~----- SUBJECT: LU¥1 J LJ~o::s-. W.ust;a Yot:Je.d!J~ I declare under penalty of perjury under the laws of the State .of California that I am employed by the City of Carl~bad and the foregoing is true and correct. CITY CLERK'S OFFICE J.1!l~ (Signature) ·{Date) SENT TO FOR PUBLICATION VIA !:;-MAIL TO: 0 .Union Tribune . )21 Coast News PUBLICATION DATE: Union Tribune --------~----------------- Coast News __ ~__...0~/r-1~2----iJ._....]_.l(J____; ____ _ I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and tha regoing is true and :r;:· cB{s}lltJ . Attachments: 1) Mailing Labels 2) Notice w/ attachments NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Council Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00p.m. on Tuesday, August 23, 2016, to acknowledge receipt of the California Coastal Commission's suggested modification for LCPA 14-03-Westin Hotel and Timeshare, and approving the suggested modification to the Local Coastal Program (LCP). Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after Thursday, August 18, 2016. If you have any questions, please contact Carl Stiehl in the Planning Division at (760) 602-4605 or carl.stiehl@carlsbadca.gov. If you challenge the suggested modification for LCPA 14-03 in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: LCPA 14-03 CASE NAME: WESTIN HOTEL AND TIMESHARE PUBLISH: Friday, August 12, 2016 CITY OF CARLSBAD CITY COUNCIL Carl Stiehl August 23, 2016 LCPA 14-03 –Westin Hotel and Timeshare Coastal Commission Suggested Modification Summary •Coastal Commission’s suggested modification −LCPA 14-03 (Westin Hotel) −Mello II −Lower Cost Visitor-Serving Rec. Uses Westin Hotel Approval •February 23, 2016 −Westin Hotel & Timeshare approved −Included Local Coastal Program amendment −Not effective until Coastal Commission approves Coastal Commission Review •Coastal Commission staff concerns −Affordability of visitor-accommodations and recreational facilities Coastal Commission Meeting •July 13, 2016 −Coastal Commission public hearing −Approved LCPA with modification based on: −Commission staff recommendation Suggested Modification “Policy 6.10 –Lower Cost Visitor-Serving Recreational Uses •Lower cost visitor and recreational facilities shall be protected, encouraged, and were feasible, provided. •Encourage a range of affordability for overnight visitor accommodations. Evaluate the affordability of any new or redeveloped overnight visitor accommodations, including amenities that reduce the cost of stay. Mitigation may be applied to protect and encourage affordable overnight accommodations.” Recommendation •Adopt Resolution −Acknowledging receipt of suggested modification −Approving amendment to LCP Next Steps •September/October −Coastal Commission will certify that the city implemented the suggested modification −LCPA 14-03 will be effective, as modified Carl Stiehl August 23, 2016 LCPA 14-03 –Westin Hotel and Timeshare Coastal Commission Suggested Modification Mello II