HomeMy WebLinkAboutLCPA 02-10; Habitat Management Plan; Local Coastal Program Amendment (LCPA) (27)- -
STATE OF CALIFORNIA -- THE RESOURCES AGENCY GRAY DAVIS, Governor
CALIFORNIA COASTAL COMMISSION
SAN DIEGO AREA
7575 METROPOUTAN DRIVE, SUITE 103
SAN DIEGO, CA 92108402
(619) 767-2370
March 12,2003
Michael Holzmiller
Planning Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, California 92008-73 14
RE: Carlsbad Habitat Management Plan -
Local Coastal Program Amendment No. 1 -03B
Dear Mr. Holzmiller:
Thank you for your letter of March 3,2003, regarding our request to extend the federal
consistency review deadline for the above-referenced item to June 13,2003. As stated in
our letter of February 25,2003, we remain committed to providing the City with a draft
staff report no later than May 13,2003, and to have both the LCP amendment and the
federal consistency review on the agenda for the June 2003 Commission meeting in Long
Beach.
In your letter, you also requested that staff guarantee that the federal consistency review,
the LCP amendment, and the golf course appeal will all be heard and acted upon at the
June 2003 meeting. As explained in more detail below, we cannot make this
commitment. Although staff can place items on the agenda for the June Commission
meeting, with the recommendation and expectation that the Commission will likely take
action at that time, Commission staff cannot commit to the Commission’s actions. The
Commission may decide to postpone action on the LCP amendment, or may decide to
rake some otiner action different from staff’s recommenaation.
As discussed with Don Rideout by phone on March 5,2003, the City’s certified LCP is
the standard of review for the pending appeal of the golf course. Pursuant to Section
30512(b) of the Coastal Act and the Commission’s regulations (Title 14 Cal. Code Regs. 3 13 544), if the Commission votes to approve the LCP amendment with modifications,
the City Council must accept the modifications and the Executive Director must report
the City’s acceptance to the Commission before the LCP amendment becomes effective.
Since a resolution of the golf course appeal will be partially dependent upon
incorporation of the HMP into the LCP, in order to provide standards for regional habitat
protection in the coastal zone, the Commission’s review of the appeal must be based on
an updated LCP that includes those standards. Because the Executive Director’s report
on the City’s acceptance of any suggested modifications must be agendized, the LCP
amendment, if certified subject to suggested modifications, could not become effective
any sooner than the Commission meeting of the month following the Commission’s vote
on the LCP amendment. As a result, it would be necessary, both legally and practically,
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Michael Holzmiller
March 12,2003
Page 2
for the golf course appeal to trail Commission action on the federal consistency review
and the LCP amendment by at least one month (i.e., until the next Commission meeting).
A longer delay may occur if City Council action on suggested modifications and
incorporation of the changes into the final LCP documents does not occur in time for the
Executive Director's report to be agendized for the next Commission meeting.
In summary, if the City agrees to extend the deadline for federal consistency review until
June 13,2003, Commission staff agrees to provide the City with a draft staff report on the
federal consistency certification and on the LCP amendment by May 13,2003, and
agrees to schedule these two items for a joint hearing at the Commission's June 2003
meeting in Long Beach. Commission staff further agrees to schedule the hearing on the
goif course appeai for either the Commission's Juiy 2003 meeting or the meeting at
which the LCP amendment is effectively certified, whichever occurs later.
We hope this letter sufficiently clarifies the above issues, and that the City Council will
agree to extend the federal consistency review deadline based on the information
provided. Please let me know in writing if the City agrees to extend this deadline. If you
should have any other questions or concerns, or need additional information, please call
me or Keri Akers at (619) 767-2370.
Sincerely,
Sherilyn Sarb
District Manager
Cc: Don Rideout, Principal Planner, City of Carlsbad
Lee Ann Carranza, USFWS
Nancy Frost, CDFG
HCP Team
H:Vroject Files\Carlsbad HMP\LCPA 1-2003 Habitat Management Plan\Carlsbad.HMPLCPA. 1.038. tirneextension.response.doc