HomeMy WebLinkAbout2023-11-02; Local Coastal Program Update - Coastal Commission Review Status (District - All); Murphy, JeffTo the members of the:
CITY COUNCIL
Dat~'1-l2.3 CA ✓ CC ✓
CM _ACM LDCM (3)..JL'
November 2, 2023
Cou ncil Memorandum
To:
From:
Honorable Mayor Blackburn and Members of the City Council
Jeff Murphy, Community Development Director
Via:
Gary Barberio, Deputy City Manager, C~unity Services
Geoff Patnoe, Assistant City Manager ~v •
{city of
Carlsbad
Memo ID# 2023112
Re: Local Coasta l Program Update -Coastal Commission Review Status (District -All }
This memorandum provides an update on the status of the city's comprehensive update to its
Local Coastal Plan (LCP) that was approved by the City Council in late 2021.
Background
The city submitted an application to the Coastal Commission for its comprehensive LCP update
in December 2021. That application was deemed complete by Coastal Commission staff in April
2022. Under state law, and with a one-year time extension granted in August 2022, the Coastal
Commission had until August 2023 to act on the application. In March 2023, the city received
Coastal Commission staff comments on three out of eight chapters of the LCP update. In
May 2023, Coastal Commission staff informed the city that they would not be able to complete
their review of the LCP update before the August 2023 state mandated hearing deadline, and
therefore, requested the city withdraw the application to provide them more time to review
and comment. Coastal Commission staff informed city staff that they would have comments on
the remaining five chapters available in July/August 2023. The city withdrew its LCP update
application on June 16, 2023.
Refer to Attachment A for additional background, including the implications if the city did not
honor Coastal Commission staff's request to withdraw the application, and Attachment B for a
copy of the withdrawal letter.
Discussion
Since withdrawal of the application in June 2023, the city received !n September 2023
comments from Coastal Commission staff on only one additional LCP chapter. As of the writing
of this memorandum, city staff are still awaiting Coastal Commission staff comments on four of
the eight LCP update chapters. As described in Attachment A, these remaining chapters include
certain policies and topics that likely will raise issues of concern that may be challenging to
resolve, such as policies related to lower-cost visitor accommodations and sea level rise.
City staff continues to meet monthly with Coastal Commission staff, and they indicate it is a
priority to complete their review of the city's LCP update. However, Coastal Commission staff
have not identified an estimated completion date. They have also stated that, after completing
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-5088 t
Council Memo -Local Coastal Program Update -Coastal Commission Review St atus
November 2, 2023
Page 2
their initial review and comment on all chapters; they may have additional comments on
chapters the city has previously received comments on.
Next Steps
Once all comments are received on all chapters of the LCP update, city staff will attempt to
work through areas of disagreement with Coastal Commission staff and will schedule a City
Council presentation to share the comments received, responses, and options on how to move
forward with the LCP update, particularly those policies where there continues to be
disagreements and/or adverse impacts to the city.
It is anticipated that this process will take several months and a presentation to the City Council
would occur in late Spring 2024 at the earliest, assuming the city receives final comments from
Coastal Commission staff by the end of this calendar year. At that time, the City Council will be
asked to decide whether to direct staff to resubmit the application and should the City Council
decide to move forward with the update, city staff will work with Coastal Commission staff on a
target hearing date before the Coastal Commission.
Attachment: A. Council Memorandum dated June 15, 2023
B. Letter to California Coastal Commission withdrawing Carlsbad LCP Land Use
Plan Update dated June 16, 2023
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Ron Kemp, Senior Assistant City Attorney
Mike Strong, Assistant Community Development Director
Eric Lardy, City Planner
Robert Efird, Principal Planner
Jennifer Jesser, Senior Planner
Attachment A
To the members of the:
CITY COUNCIL
Date~cA ✓ ccv
cM_bcM . VDCM {3)U
June 15, 2023
Council Memorandum
To:
From:
Honorable Mayor Blackburn and Members of the City Council
Jeff Murphy, Community Development Director
Via:
{city of
Carlsbad
Memo ID# 2023057
Re:
Gary Barberio, Deputy City Manager, Community Services
Geoff Patnoe, Assistant City Manage~
Local Coastal Program Update -Coa~ Commission Review Status (Districts -All)
This memorandum provides an update on the status of the city's application to the California
Coastal Commission to comprehensively update the city's Local Coastal Program Land Use Plan
(LCP). At the request of Coastal Commission staff on May 30, 2023, the city will be withdrawing
its application to provide more time for Coastal Commission staff to complete their review and
comment on the LCP update. This is a common strategy used by Coastal Commission staff when
they are unable to complete their review by state mandated hearing deadlines. Prior to
. resubmitting the application, city staff will schedule an item for the City Council to review and
provide direction on the comments received, responses, and options on how to move forward
with the LCP update, including application resubmittal.
Background
The City Council approved a comprehensive update to the city's LCP on October 12, 2021
(Attachment A). Since that time, the following milestone.shave occurred:
o December 23, 2021-City staff formally submitted its LCP update application to the Coastal
Commission for processing.
o April 22, 2022 -Coastal Commission staff deemed the city's application complete for
further processing. Under state law, Coastal Commission staff had until August 31, 2022, to
present the application before the Coastal Commission for decision, unless the deadline was
extended by the Coastal Commission (maximum of 12 months).
o August 10, 2022 -The Coastal Commission executed the time extension, thereby extending
the deadline to act on the city's application from August 2022 to August 2023. No further
extensions are allowed under state statute.
o March 30, 2023 -City staff received the Coastal Commission staff's preliminary questions
and comments on three (out of eight) chapters of the city's LCP update application.
o May 30, 2023 -Coastal Commission staff requested the city withdraw and resubmit its
application (Attachment B). The email states that the withdrawal is necessary to allow
Coastal Commission staff additional time to provide the city with comments and address
differences prior to a Coastal Commission hearing, which they anticipate would occur in
Community Services Branch
Community Development Department
1635 Faraday Avenue I Carlsbad, CA 92008-7314 I 442-339-5088 t
Council Memo -Local Coastal Program Update -Coastal Commission Review Status
June 15, 2023
Page 2
October 2023 if the city immediately resubmitted the application. The reason why Coastal
Commission requested the withdrawal was due to ongoing staffing limitations, current case
levels, and the Coastal Commission staff member assigned to process the LCP application
left the organization.
Discussion
Due to the complexity and volume of changes proposed in the LCP update, the best option is to
withdraw the application and provide more time for Coastal Commission staff to review and
comment on the proposed changes, and to give the city time to review and consider the
comments adequately. This is a common strategy used by Coastal Commission staff when they
are unable to complete their review of an application by state mandated hearing deadlines. If
the application is not withdrawn, the Coastal Commission staff will be required to schedule the
application before the Coastal Commission in August 2023, with a recommendation of denial or
significant modifications proposed without opportunity for city staff review and discussion.
At the time of writing this memorandum, city staff are awaiting comments from Coastal
Commission staff on five of the eight chapters of the city's proposed LCP update. Within those
chapters are certain policies and topics that staff anticipate will result in disagreements and
raise issues of concern that will be challenging to resolve. Some of the more significant policies
in the LCP update include the following.
• Lower-cost visitor accommodations policies -Coastal Commission staff is requesting
that the city add policies that mandate new or redeveloped hotels provide 25% of the
rooms at a low-cost rate, and that the city prohibit the loss of existing low-cost hotels
unless the low-cost rooms are replaced at a 1:1 ratio. The addition of such policies raises
significant concerns about impacts to existing and new hotel uses.
• Sea level rise policies -the city has not received comments on these policies yet,
however, anticipated issues of concern include:
o Defining which existing structures would be eligible for protection by a sea
wall. Although not specified in the Coastal Act, Coastal Commission staff have
stated that they want the city to no longer allow existing structures along the
shoreline to be eligible for protection by a sea wall, unless the structure existed
prior to the Coastal Act (1977).
o Limitations on redevelopment of existing structures. Coastal Commission staff
have stated that they want existing structures to be viewed as new development,
subject to the new sea level rise policies, if an improvement to the existing
structure is proposed and that improvement, as well as all past improvements
since 1977, cumulatively result in a change to the original structure of more than
50% to a major structural component or a cumulative increase in gross floor area
exceeding 50%.
Council Memo -Local Coastal Program Update -Coastal Commission Review Status
June 15, 2023
Page 3
Next Steps
City staff will be withdrawing the application on June 16, 2023, but will not resubmit a new
application until the city has received and evaluated all Coastal Commission staff comments on
all chapters of the LCP update, expected now by the end of July 2023. City staff will attempt to
work through areas of disagreement with Coastal Commission staff to obtain concurrence on
acceptable language.
Shortly thereafter, city staff will schedule an item for the City Council to review and provide
direction on the comments received, responses, and options on how to move forward with the
LCP update, particularly those policies where there continues to be disagreements and/or
adverse impacts to the city. Through that process the appropriate time to resubmit the LCP
update application will be determined. When the city resubmits its application, city staff will
work with Coastal Commission staff on a target hearing date before the Coastal Commission.
Attachment: A. Staff Report dated October 12, 2021:
https://records.carlsbadca.gov/Weblink/DocView.aspx?id=5485451&dbid=0
&repo=CityofCarlsbad&cr=l
(Due to the size of Attachment A, it is being provided electronically via the link
above, and a hardcopy is on file in the Office of the City Council, as reference)
B.Email dated May 30, 2023, from Coastal Commission staff to City Planner
cc: Scott Chadwick, City Manager
Cindie McMahon, City Attorney
Ron Kemp, Senior Assistant City Attorney
Mike Strong, Assistant Community Development Director
Eric Lardy, City Planner
Robert Efird, Principal Planner
Jennifer Jesser, Senior Planner
Eric Lardy
From:
Sent:
To:
Carney, Kaitli n@Coastal < kaitlin.carney@coastal.ca.gov>
Tuesday, May 30, 2023 9:29 AM
Eric Lardy
Attachment B
Cc: Jennifer Jesser; Schwing, Karl@Coastal; Lilly, Diana@Coastal; Leslie, Kanani@Coastal; Ross,
Toni@Coastal
Subject: Request to withdraw Carlsbad LCPA LCP-6-CAR-21-0087-3
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Eric,
As we discussed last week, while Commission staff continues to work diligently on review of the LUP update
LCP amendment (LCP-6-CAR-21 -0087-3), as a result of the primary staff person assigned to the LCP leaving
the Commission, we are requesting that City staff withdraw and resubmit the amendment to allow us additional
time to provide you comments and coordinate with you prior to taking this item to a Commission hearing. Our
goal is to take the LCPA to the Commission at its next San Diego hearing in October 2023.
We know how important this effort is to the City, and we realize this project has been in review for a long time.
If this delay causes budget concerns due to the additional City staff time required to extend the time period, we
would be happy to discuss options that may be available to provide the City additional grant funding via the
Commission's Local Assistance Grant Program.
We'd appreciate if you could let us know whether you would be willing to withdraw and resubmit no later than
June 6.
Thank you again, and if you have any questions or would like to discuss further, please don't hesitate to
contact me.
Kaitlin Carney
Permits SupeNisor
California Coastal Commission
7575 Metropolitan Drive, Suite 103, San Diego, 92108
kaitlin.carney@coastal.ca.gov
CALIFORNIA
COASTAL
COMMISSION
The Commission remains open for business. The best way to contact me is by email. In addition to the regular means of mailing
documents as required by the regulations or statute, please send a copy of all co rrespondence or other documents electronically via
email.
June 16, 2023
Diana Lilly, District Manager
California Coastal Commission
San Diego Coast District
7575 Metropolitan Drive, Suite 103
San Diego, CA 92108
SUBJECT: Ca rlsbad LCP land Use Plan Update (LCP-6-CAR-21-0087-3)
Ms. Lilly,
Attachment B
{cityof
Carlsbad
In response to the Coastal Commission staff request described below, the City of Carlsbad hereby
withdraws its application to comprehensively update its Local Coastal Program Land Use Plan (LCP-6-
CAR-21-0087-3). •
Background
• Dec. 23, 2021 -City staff submitted its LCP amendment application.
• April 22, 2022 -the city's application was deemed filed.
• Aug. 10, 2022 -the Coastal Commission waived the time limit for the commission to act on land
use plan amendments and extended the time limit to August 2023.
• Mar. 30, 2023 -the city received the commission staff's preliminary questions and comments on
three (out of eight) chapters of the city's updated land use plan.
Coastal Commission Staff Request
In an email dated May 30, 2023, commission staff requested that the city withdraw and resubmit its
application. As stated in the email, the withdrawal is necessary to allow commission staff additional
time to provide the city with comments and coordinate prior to a commission hearing.
In a meeting on June 1, 2023, commission staff stated they will prioritize providing comments on the
remaining land use plan chapters and estimated completion of the comments within a week or two
following the July Coastal Commission hearing.
Future Resubmittal
Once the city has received and evaluated all commission staff comments on the land use plan update,
the city will determine the appropriate time to resubmit the application.
Please contact Senior Planner, Jennifer Jesser, at jennifer.jesser@carlsbadca.gov if you have any
questions regarding this letter and to confirm withdrawal of the application.
Sincerely,
ERIC LARDY
City Planner
EL:mh
Community Development Depa rtment
Planning Division I 1635 Faraday Avenue Carlsbad, CA 92008-7314 I 442-339-2600 www.carlsbadca.gov
Attachment: May 30, 2023 email from Coastal Commission Staff to the City
cc: Scott Chadwick, City of Carlsbad City Manager
Geoff Patnoe, City of Carlsbad Assistant City Manager
Gary Barberio, City of Carlsbad Deputy City Manager
Jeff Murphy, City of Carlsbad Community Development Director
Robert Efird, City of Carlsbad Principal Planner
Jennifer Jesser, City of Carlsbad Senior Planner
l<ate Huckelbridge, California Coastal Commission Executive Director
l<arl Schwing, California Coastal Commission District Director .
Diana Lilly, California Coastal Commission, District Manager
l<anani Leslie, California Coastal Commission, Coastal Program Manager
Kaitlin Carney, California Coastal Commission, District Supervisor
Toni Ross, California Coastal Commission, Coastal Resiliency Coordinator
Eric Lardy
From:
Sent:
To:
Carney, Kaitlin@Coastal <kaitlin.carney@coastal.ca.gov>
Tuesday, May 30, 2023 9:29 AM
Eric Lardy
Attachment A
Cc: Jennifer Jesser; Schwing, Karl@Coastal; Lilly, Diana@Coastal; Leslie, Kanani@Coastal; Ross,
Toni@Coastal
Subject: Request to withdraw Carlsbad LCPA LCP-6-CAR-21-0087-3
Follow Up Flag: Follow up
Flag Status: Flagged
Hi Eric,
As we discussed last week, while Commission staff continues to work diligently on review of the LUP update
LCP amendment (LCP-6-CAR-21 -0087-3), as a result of the primary staff person assigned to the LCP leaving
the Commission, we are requesting that City staff withdraw and resubmit the amendment to allow us additional
time to provide you comments and coordinate with you prior to taking this item to a Commission hearing. Our
goal is to take the LCPA to the Commission at its next San Diego hearing in October 2023.
We know how important this effort is to the City, and we realize this project has been in review for a long time.
If this delay causes budget concerns due to the additional City staff time required to extend the time period, we
would be happy to discuss options that may be available to provide the City additional grant funding via the
Commission's Local Assistance Grant Program.
We'd appreciate if you could let us know whether you would be willing to withdraw and resubmit no later than
June 6.
Thank you again, and if you have any questions or would like to discuss further, please don't hesitate to
contact me.
Ka itl in Carney
Permits Supervisor
California Coastal Commission
7575 Metropolitan Drive, Suite 103, San Diego, 92108
kaitlin.carney@coastal.ca.qov
CAL I FORN I A
COASTAL
COl'/IM I S S I ON
The Commission remains open for business. The best way to contact me is by email. In addition to the regular means of mailing
documents as required by the regulations or statute, please send a copy of all correspondence or other documents electronically via
email.
en attachments or click on links unless ou recognize /he sender and know the content is