California Coastal Commission: City of Carmel-by-the-Sea LCP Amendment No. 2-09 (Design Review Process)

UPDATE: CENTRAL COAST DISTRICT
6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC) [APPROVED]

ABSTRACT: On the 12 August 2009 California Coastal Commission Agenda is the agenda item, City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. The Staff Report, prepared by Dan Carl, District Manager and Mike Watson, Coastal Planner, is reproduced.

CALIFORNIA COASTAL COMMISSION
AUGUST 2009 AGENDA
HYATT REGENCY EMBARCADERO
5 EMBARCADERO PLAZA
SAN FRANCISCO, CA 94111

WEDNESDAY, AUGUST 12, 2009
CENTRAL COAST DISTRICT

6. LOCAL COASTAL PROGRAMS (LCPs). See AGENDA CATEGORIES.
a. City of Carmel by the Sea LCP Amendment No. 2-09 (Design Review Process). Concurrence with the Executive Director’s determination that the request by the City of Carmel by the Sea to amend the certified LCP to eliminate the Design Review Board and move its responsibilities to the City’s Planning Commission is minor. (MW-SC)


STATE OF CALIFORNIA – NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV

Prepared July 22, 2009 (for August 12, 2009 Hearing)

To: Coastal Commissioners and Interested Persons

From: Dan Carl, District Manager
Mike Watson, Coastal Planner

Subject: Minor Amendment Determination for City of Carmel-by-the-Sea Local Coastal Program Amendment Number 2-09 (Design Review Process)

Carmel-by-the-Sea Proposed Amendment
Carmel-by-the-Sea is proposing to amend the certified Local Coastal Program (LCP) Implementation Plan (IP) to eliminate the City’s Design Review Board and to move its responsibilities to the City’s Planning Commission. See Exhibit A for the City’s staff report on this matter, Exhibit B for the adopted ordinance making the change, and Exhibit C for the cross-through and underline proposed changes.

Minor LCP Amendment Determination
Pursuant to California Code of Regulations (CCR) Section 13555, the Executive Director may determine that a proposed LCP amendment is “minor”. CCR Section 13554 defines minor LCP amendments. Among other things, minor LCP amendments include:

CCR Section 13554(a). Changes in wording which make the use as designated in the zoning ordinances, zoning district maps or other implementing actions more specific and which do not change the kind, location, intensity, or density of use and which are found by the Executive Director of the Commission or the Commission to be consistent with the land use plan as certified by the Commission.

If the Executive Director determines that an amendment is minor, that determination must be reported to the Commission. If one-third of the appointed members of the Commission request that it be processed as a major LCP amendment, then the amendment shall be set for a future public hearing; if one-third of the appointed members of the Commission do not object to the minor LCP amendment determination,
then the amendment is deemed approved, and it becomes a certified part of the LCP immediately (in this case, on August 12, 2009).

The purpose of this notice is to advise interested parties of the Executive Director’s determination that the proposed LCP amendment is minor.

Under the existing LCP, the City’s Design Review Board reviews more minor coastal development projects, including those which do not involve a use permit, variance, subdivision, or lot line adjustment. The Planning Commission reviews more major projects, including all coastal development projects that are not reviewed by the Design Review Board otherwise. The proposed amendment would eliminate the City’s Design Review Board, but it would not alter the LCP otherwise. In other words, existing LCP standards would not change, including those related to design review, but there would no longer be a separate Design Review Board and design review action. Instead, the responsibilities that previously rested with the Design Review Board would now reside wholly with the Planning Commission. It is anticipated that the amendment will simplify the coastal permit process in the City, but that it will not alter coastal resource protection under the LCP.

Coastal Commission Concurrence
The Executive Director will report this minor LCP amendment determination, and any comments received on it, to the Coastal Commission at its August 12, 2009 meeting at the Hyatt Regency Embarcadero, 5 Embarcadero Plaza, in San Francisco. If you have any questions or need additional information regarding the proposed amendment or the method under which it is being processed, please contact Mike Watson at the Central Coast District Office in Santa Cruz. If you wish to comment on and/or object to the proposed minor LCP amendment determination, please do so by August 7, 2009.

Procedural Note - LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on July 16, 2009. It is IP only and the 60-day action deadline is September 14, 2009. Thus, unless the Commission extends the action deadline (it may be extended by up to one year), the Commission has until September 14, 2009 to take a final action on this LCP amendment.

Exhibits:
Exhibit A: City staff report regarding elimination of the Design Review Board
Exhibit B: City Council ordinance eliminating the Design Review Board
Exhibit C: Proposed changes to the LCP in strike-through and underline