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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