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Home My WebLink About2016-08-23; City Council; Resolution 2016-178RESOLUTION 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. 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 of the 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 August ,2016, by the following vote, to wit: AYES:Hall,Wood,Schumacher,Blackburn,Packard. NOES:None. ABSENT:None.), MATT HALL, Mayor c_14.Co) BARBARA ENGLE5rON, City Clerk fd (SEAL) ATTACHMENT 1A STATE OF CALIFORNIA -THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR.,Governor CALIFORNIA COASTAL COMMISSION .......,,,LN (.47eZ!sIfi y ) SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO,CA 92108-4421 (619)767-2370 July 14,2016 Mr. Christer Westman City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 Re:Certification of City ofCarlsbad 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 ofthe certified 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 5A. 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 certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary because the amendment was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of certification, 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 certification 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 certified Local Coastal Program immediately upon concurrence by the Commission ofthe Executive Director's determination. As sooTi 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 regularly scheduled public hearing.If you have any questions about the Commission's action or this final certification procedure, please contact our office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful . implementation ofthe local coastal program. Si ly,Sincer 772 Gabriel Buhr Coastal Program Manager (0:`..San 1;i1go\Roports\LCPsTarlsbad1LCi)-6-CAR-16-0015-2 Part A (Westin Hotel and Timeshare) Certification Letter.docx) 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 accommodations, including amenities that reduce the cost of stay. Mitigation may be applied to protect and encourage affordable overnight accommodations. ATIACHMENT lB The City of Carlsbad Local Coastal Program Land Use Plan-Mello II, 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.