HomeMy WebLinkAbout1999-01-12; City Council; Resolution 99-191
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RESOLUTION NO. 99-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FINALIZING APPROVAL OF AN
AMENDMENT TO ALL SIX SEGMENTS OF THE CARLSBAD
LOCAL COASTAL PROGRAM TO ACKNOWLEDGE RECEIPT OF
AND ACCEPT SUGGESTED MODIFICATIONS TO THE STORM
WATER ORDINANCE AS AN IMPLEMENTING ORDINANCE FOR
CARLSBAD'S LOCAL COASTAL PROGRAM.
CASE NAME: STORM WATER ORDINANCE II CASE NO: LCPA 96-09 (A)
WHEREAS, California State law requires that the Local Coastal Program, Gene1
and Zoning designations for properties in the Coastal Zone be in conformance; and
WHEREAS, on January 28, 1997 the City Council approved LCPA 96-09 to add tt-
Storm Water Ordinance to the Carlsbad Local Coastal Program; and
WHEREAS, on July 8, 1998, the California Coastal Commission approved si
amendment, with "suggested modifications"; and
WHEREAS, the City of Carlsbad has received "suggested modifications" fr
California Coastal Commission for the City's Storm Water Ordinance as set forth in I
Deborah Lee to Assistant Planning Director Gary Wayne dated July 20, 1998; and
WHEREAS, if the changes are acceptable to Council, acceptance of the
Commission's "suggested modifications" is necessary to complete the originally approve
96-09 pursuant to the California Coastal Act and California Administrative Code; and
WHEREAS, the City Council did on the 5th day of January 1999, hold a duly
public hearing as prescribed by law to consider said suggested modifications; and
WHEREAS, at said public hearing, upon hearing and considering all testimc
~arguments, if any, of all persons desiring to be heard, the City Council considered all
i relating to the Local Coastal Program Amendment; and
WHEREAS, at said Council meeting the City Council introduced for first rea
ordinance amending various sections of Chapter 15.12 of the Carlsbad Municipal (
implement the "suggested modifications" as set forth on Exhibit "Y attached her1
incorporated by this reference,
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C:
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California, as follows:
1. That the above recitations are true and correct.
2. That the City Council acknowledges receipt of the Coastal Commission sug 4 11 modifications dated July 20, 1998.
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3. The City Council accepts the suggested modifications and by companion a1
has adopted the ordinance amendments which effectuates City acceptance of the Coastal 6
7 Commission's "suggested modifications", and finalizes LCPS 96-09.
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9 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
IO held on the 12th day of January , 1999 by the following vote, to wit:
11 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
12 NOES: None
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17 ATTEST:
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20 tant City Clerk
(SEAL)
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STATE & ~1IK)RNIA"THE RESOURCES AGE @ 0 Pm WllY
EXHIBIT "Yl'
CALIFORNIA COASTAL COMMtSSLON
SAN MEGO COAST AREA
31 11 WINO DEL RK) NORTH. SURE 200
SAN DIEM. CA 921081725
(619) 5218036
CARLSBAD LCP AMENDMENT 1-98C (STORMWATER MANAGEMENT AND INCIDENTAL OUTDOOR DINING AREA REVISIONS) C 0 A S TA L CMMIS$IOS ADOPTED JULY 8, 1998 (Page 1 of 2)
STORMWATER MANAGEMENT ORDINANCE - ImDlementation Plan Revisions
I. Under Definitions, Section 15.12.020.0 (California Ocean Plan) shall be revised to read as follows:
'Tal ifornia Ocean Plan" means the Cali-fornia Ocean Plan: Water Quality Control Plan for Ocean Waters of California adopted by the State Water Resources Control Board effective July 23, 1993 and an subsequent amendments.
2. Under Definitions, Section 15.12.020.6.4 (Development) shall be revised read as fol lows:
C.. . "Development shall mean"1 a change in the density or intensi tj the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section.6641( et seq.) and any other division of land,. Including lot split.s, ex( where the division of 1 and i s brought about in coonecti on with, thc purchase of such land by a public agency for public recreational 1
3. Under Definitions, Section 15.12.020.K (Hazardous Materials) shall be revised to read as follows:
"Hazardous Materials" shall mean any substance or:mi xture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposition. hl or other means, if such a substance- or mixture of substances may cause, or substantially contribute to, substantial injury, seriou illness or harm to humans, domestic livestock, or wildlife.
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4. Under Discharge of Pollutants, Section 15.12.050.A shall be revised to read as fol lows :
The prohibition on discharges shall not apply to any discharge regulated under a NPOES permit issued to the discharger and admi ni stered by the State of California pursuant to Chapter 5.5, Division 7, of the California Hater Code, provided that the discharger is in compliance with a1 1 requirements of the permit a other appli cab1 e laws and regulations. Proof of compliance with permit may be required in a form acceptable to the City of Carl st prior to or as a condition of a subdivision map, site plan, builc permit, or development improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for an]
other reasonable cause.
0 Car 1 s bad LCPA 1 -98USug. Mods. 0
- Adopted July 8, I998
Page 2
5. Under Discharge of Pollutants, Section 15.12.050.8 shall be revised to read as fol lows :
Discharges from the fol lowing activities wi 11 not be considered as source of pollutants to waters of the United States when properly managed as required by the Clean Water Act, water line flushing; landscape irrigation; diverted water flows;. . .
6. Under Watercourse Protection, Section 15.12.090 shall be revised to real
. as follows:
Every person owning property through which a watercourse passes, a such person's lessee or tenant, shall keep and maintain that part the watercourse within the property reasonably free of trash, debr excessive vegetation, and other obstac-les which would pollute, contaminate, or signficantly retard the flow of water through the watercourse; shall rnai ntain existing privately owned structures within or adjacent to a watercourse, so that such structures will become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond t actually necessary for said maintenance which'shall be accomplishe in a manner that minimizes the vu1 nerabi 1 i ty of the watercourse to ,erosion; and shall be responsible for maintaining that portion of watercourse that is within- their property lines in .order to protec against erosion and degradation of the watercourse originating or contri buted from their property.
7. Under Remedies Not Exclusive, Section 15.12.190 shall be revised to rea as fol lows :
Remedies set forth in this Chapter are not exclusive but are cumulative to a1 1 other civi 1 and criminal penal ties provided by 1 including, but not 1 imi ted to, pe.na\ ty provisions of the Federal Clean Water Act and/or the State Porter-Cologne Water Quality Cont Act. The Porter-Cologne Water Quality Control Act is California Water Code Section 13000 et seq., and any future amendments. The seeking of such federal and/or state remedies shall not preclude 1 simultaneous commencement of proceedings pursuant to this Chapter.
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INCIDEffTAL OUTDOOR DINING AREAS ORDINANCE - Imolementation Plan RevisiG
8. Section 21.04.188.1 of the Carlsbad Municipal Code shall be revised to read as follows:
... Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. On properties located west 0' the railroad right-of-way and outside of the Village Redevelopmen. Area, "incidental outdoor dining areas" shall be allowed only whel the existing indoor restaurant, bona fide eating establishment of
deli provides on-si te parking in compliance with the parking ratic specified in Chapter 21.44 (Parking Ordinance) of the Municipal Code. Incidental outdoor dining areas may be located on private property only (not in the pub1 i c right-of-way). . . .
(51 82L)