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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, - 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