HomeMy WebLinkAbout1986-01-08; Design Review Board; Resolution 0631
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DESIGN REVIEW BOARD RESOLUTION NO. 063
A RESOLUTION OF THE DESIGN REVIEW BOARD OF THE CITY OF CARLSBAD, CALIFORNIA TO AMEND THE VILLAGE DESIGN MANUAL.
WHEREAS, on June 14, 1985, the California Coastal Commissio
certified the City of Carlsbad Village Redevelopment Area Segment
Local Coastal Program Land Use Plan consisting of the City of
Carlsbad Village Area Redevelopment Plan and the Village Design
Manual; and
WHEREAS, on June 14, 1985, the California Coastal Commissio
conditionally certified the implementing ordinances for the land us'
plan on the condition that certain modifications to the Village
Design Manual made by the City of Carlsbad; and
WHEREAS, the Design Review Board desires to APPROVE RP 85-
23 recommending certain amendments to the Village Design Manual to
satisfy the conditions imposed by the California Coastal Commission
NOW, THEREFORE, the Design Review Board of the City of
Carlsbad resolves as follows:
1. That the foregoing recitations are true and correct.
2. That the Village Design Manual adopted by Housing and
Redevelopment Commission Resolution No. 14 is amended as follows:
a. Section VI1 is amended by the addition of the following
paragraph:
"Restrictions on Amendments and Exemptions for Those Areas
Within the Coastal Zone. For those portions of the Village
Redevelopment Area which are within the coastal zone amendments to
the development guidelines, standards or criteria established by
this design manual shall not be effective until the amendment has been certified by the Coastal Commission or by its executive director pursuant to Coastal Commission regulation. Further, no exemption shall be granted under the redevelopment plan which would result in a land use other than designated in the plan or this manual or which would reduce offstreet parking or increase the
height limit unless the exemption is approved boy the Coastal
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c _-
Commission. I'
b. Section IX is amended by the addition of the following language to the first paragraph on page 11:
"Within the coastal zone innovative means of fulfilling offstreet parking requirements may be permitted; however, such innovative arrangements must be approved by the Coastal Commission
or its executive director as an amendment of the Local Coastal
Program.
c. Section XI1 is amended by the amendment of the
regulations for sub-area 1 to amend the last paragraph of the
"Land Use" regulations to read as follows:
"Unless otherwise stated in this specific sub-area, density allocations may be increased beyond those ranges provided in the
General Plan if the Housing and Redevelopment Commission finds
that such an increase is consistent with the goals and objectives
of the Redevelopment Plan and further, provided that within the
coatal zone any increase in density allocations must be approved
by the Coastal Commission or its executive director as an amendment
to the Local Coastal Program."
d. Section XI1 is amended by the amendment of the regulations for sub-area 5 by amendment of the final paragraph in the "Land Use" regulations to read as follows:
"This sub-area is located within the coastal zone. Developments entirely devoted to visitor commercial uses are referred in this sub-area. The entire ground floor of all projects shall be devoted to visitor commercial uses. Mixed use projects which do not meet this criteria including but not limited to time share projects, shall require approval by the Coastal Commission
or its executive director as an amendment to the Local Coastal Program. Unless otherwise stated in this specific sub-area, residential density allocations may be increased beyond those ranges provided in the General Plan if the Housing and Redevelopmen Commission finds that such an increase is consistent with the goals and objectives of the Redevelopment Plan and further, provided that such increases are approved by the Coastal Commission or its executive director as amendment to the Local Coastal Program."
e. Section XI1 is amended by the amendment of the regulations for sub-area 6 by the addition of the following
paragraph to the "Design" regulations :
"Development of properties bordering Buena Vista Lagoon
shall be designed to maintain in open space to the recordation
of open space easements those portions of the bluff area containing slopes in excess of 25% grade. Any wetland area as defined by the California Coastal Act within the boundaries of a project shall be preserved in open space through dedication of open space easements or other appropriate property interests to the appropriate state agency. For bluff areas with less than 25% grade
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a wetland buffer area of not less than 100 feet in width shall be provided through the dedication of an appropriate open space easement to the appropriate state agency. In addition, an
appropriate public access trail shall be provided along the
southern shoreline of Buena Vista Lagoon to facilitate public
awareness of the natural habitat resources of the Lagoon provided
that the appropriate state agency accepts the dedication of the public access easement."
3. These amendments shall become effective upon
certification by the executive director of the California Coastal Commission.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Design Review Board of the City of Carlsbad, California, held on
the 8th day of January, 1986, by the following vote, to wit:
AYES : Commissioners Holmes McCoy Marcus and Schlehuber .
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST:
CHRIS SALOMONE
Community Redevelopment Manager
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JOHN MC COY, Chairperson
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER
21.81 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF VARIOUS SECTIONS TO COMPLY WITH
CONDITIONS OF THE CONDITIONAL CERTIFICATION OF
THE CARLSBAD VILLAGE AREA REDEVELOPMENT SEGMENT
LOCAL COASTAL PROGRAM.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.020
to read as follows:
"21.81.020 Permit required. Unless a development is
exempt from coastal development permit procedures pursuant 'to
Section 21.81.030 no development shall occur in the coastal zone
without a permit having first been issued according to the provisions of this chapter. 'I
SECTION 2: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.030
to read as follows:
"21.81.030 Development Exempt from Coastal Development
a. Categorical exclusions:
Permit Procedures.
1. A permit issued for a development which is
categorically excluded from the coastal development permit
requirements pursuant to California Public Resources Code Section
30610, shall be exempt from the requirement of this chapter. The Planning Director shall maintain a record of all permits issued for categorically excluded development. The records shall include the applicant's name, an indication that the project is
located in the coastal zone, the location of the project, and a
brief description of the project.
2. The City Council may designate by resolution,
after a public hearing, categories of development which have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or
along the coast. Development which has been so designated shall
be categorically exempt from the provisions of this chapter. The designation of any categorical exemption shall not be effective
until the exemption has been approved by the Coastal Commission. The Director of Building and Planning shall keep a record of all
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permits issued for categorically exempt projects as specified in
paraqraph 1 of this subsection.
categorically excluded pursuant to subsection (a), the following
projects are exempt from the requirements of a coastal development permit:
b. Exempt projects. In addition to those projects
1. Improvements to existing single family residential building except:
would encroach within 50 feet of the edqe of a coastal bluff:
first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is greater distance, any
improvement that would increase by ten percent or more the
internal floor area of an existing structure, or any improvement
where an improvement to the structure has previously been
undertaken pursuant to Public Resources Code Section 30610(a) or this section and the cumulative increase of the improvements is
ten percent or more; or any improvement which would increase the height of an existing structure or any significant nonattadhed structure such as garages, fences, shoreline protective works, or docks by ten percent or more;
including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff except as provided in paragraph 3 of this subsection.
(A) where the residence or proposed improvement
(B) on property located between the sea and the
(C) any significant alteration of land forms
For the purposes of this section an existing single family residential building shall include all appurtenances and
other accessory structures, including decks, directly attached
to the residence; accessory structures or improvements on the
property normally associated with residences, such as garages,
swimming pools, fences and storage sheds but not including guest houses or self contained residential units: landscaping on the lot. "Guest house" as used in this section shall mean any
accessory structure having a floor area of more than 400 square feet, or any accessory structure which contains plumbing.
2. Improvements to existinq structures other than a single family residence or public works facility except:
encroach within 50 feet of the edge of the coastal bluff;
first pub-lic road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, any
improvement to a structure other than a single family residence or public works facility that would increase by ten percent or more the internal floor area of an existing structure, or any additional improvement where an improvement to the structure had previously been undertaken to Public Resources Code Section 30610(b), or this section, and the cumulative increase of the
% (A) where the structure or improvement would
(B) on property located between the sea and the
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improvements is ten percent or more: or any improvement which would increase the height of a structues by ten percent or mre;
(C) any improvement which changes the intensity of use of a structure; and
(D) any siqnificant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff except as provided in paragraph (3) of this subsection.
3. The following improvements are exempt from the
requirements of a costal permit regardless of location:
A. Landscaping on the lot unless the
landscaping could result in erosion or damage to sensitive
habitate areas;
B. Additions resultinq in a cumulative increase
of less than ten percent of the internal floor area of an
existing structure.
C. Repair or maintenance activities not
described in Section 21.81.035 of this section.
D. Activities of public utilities as specified in the Repair, Maintenance and Utility Hook-Up Exclusion adopted by the Coastal Commission, September 5, 1978, and as modifi'ed
from time to time.
SECTION 3: That Title 21, Chapter 21.81 of the
Carlsbad Municipal Code is amended by the addition of Section
21.81.035 to read as follows:
"21.81.035 Repair and maintenance activities requiring
a. The following repair and maintenance activities a coastal development permit.
require a coastal development permit because they involve a risk
of substantial adverse environmental impact:
seawall, revetment, bluff retaining wall, breakwater, groin,
culvert, outfall, or similar shoreline work that involves:
alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries, and lakes or on a shoreline protective work except for agricultural dikes within
enclosed bays or estuaries;
the materials of an existing structure with materials of a
different kind; or
permanent, of mechanized construction equipment or construction
materials on any sandy area or bluff or within 20 feet of
coastal waters or streams.
1. Any method of repair or maintenance of a
A. Repair or maintenance involving substantial
B. The placement, whether temporary or
C. The replacement of 20 percent or mre of
D. The presence, whether temporary or
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2. Any method of routine maintenance dredging that
A. The dredging of 100,000 cubic yards or more
B. The placement of dredged spoils of any
involves:
within a 12 month period;
quantity within an environmentally sensitive habitat area, on
any sand area, within 50 feet of the edge of a coastal bluff or
environmentally sensitive area, or within 20 feet of coastal
waters or streams: or C. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach
nourishment in an area the Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public
recreational use.
3. Any repair or maintenance to facilities or
structures or work located in an environmentally sensitive
habitat area, any sand area within 50 feet of the edge of a
coastal bluff or environmentally sensitive habitat area, or
within 20 feet of coastal waters or streams that include:
or permanent, of rip-rap, rocks, sand or other beach materl’als or any other forms of solid materials;
permanent, of mechanized equipment or construction materials. All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including but not limited to the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978.
A. The placement or removal, whether temporary
B. The presence, whether temporary or
b. Unless destroyed by natural disaster, the replacement of 50 percent or mre of a seawall revetment, bluff retaining wall, breakwater, groin, or similar protective work under new ownership, replacement structure requiring a coastal development permit, and is not repair and maintenance under Public Resources Code Section 30610(d) .‘I
SECTION 4: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.090
to read as follows:
1121.81.090 Housing and Redevelopment Commission action. If the application for the coastal development permit is consolidated with other discretionary permits pLrsuant to this code for which the Design Reveiw Board does not have final
approval authority the Housing and Redevelopment Commission shall hold a public hearing on the coastal development permit
application. At the public hearing the Housing and Redevelopment
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Commission shall consider the Design Review Board's
recommendation, shall consider the evidence presented at the public hearing, review the matter, and shall approve, conditionally approve or disapprove the coastal development permit. No approval or conditional approval shall be given unless the Housing and Redevelopment Commission finds that the development is consistent with the provisions of the Carlsbad Village Area Redevelopment Plan and the Village Design Manual as certified by the Coastal Commission and which constitute the
local coastal program. The decision of the Housing and Redevelopment Commission is final .I'
SECTION 5: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.100
to add the following sentences:
"In addition to the notice required by this section
residents within 100 feet of the boundaries of the project shall
receive the notice specified in Section 21.54.060(1) of this
Code. If the permit action is appealable to the Coastal , Commission the notice shall include a description of the
procedure for appeals to the Coastal Commission."
SECTION 6: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.110 -
to read as follows:
"21.81.110 Appeals to Coastal Commission. a. The following developments, due to their type or location, are within the appeal jurisdiction of the Coastal Commission. Only decisions approving a coastal development permit for these developments are appealable to the Coastal Commission, unless otherwise noted. Exhaustion of all local appeals must occur before an application may be appealed to the Commission. Areas subject to appeal jurisdiction are shown on the Post LCP Certification Map which is on file in the Planning
Department.
1. Developments on property located between the sea
and the first public road paralleling the sea or within 300 feet
of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance.
2. Developments on property located within 300 feet of the top of the seaward face of any coastal bluff, or within 100
feet of any wetland, estuary or stream.
3. Any decision approving or denying a development
which constitutes a major public works project or a major energy facility. For purposes of this section a major public works project is any public works project which exceeds $100,000 in its
estimated cost of construction. A major energy facility is any
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public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other source of energy which exceeds
$100,000 in its estimated cost of construction. This section shall not be construed to regulate those energy facilities which are exempt from zoning regulations pursuant to' Government Code Section 53091 ,
b. The appeal shall be filed not later than ten working
days after the date of the final local action. No City permit
shall be issued or deemed approved until an appeal, if any, to
the Coastal Commission has been resolved.
c. Nonappealable Development. Decisions on
applications for developments which are not of the type described
above or located within the areas described above are not
appealable to the Coastal Commission. Decisions denying any
Coastal Act permit for an appealable development described above
are not appealable to the Coastal Commission with the exception
of decisions on major public works projects and major energy
facilities." r
SECTION 7: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the addition of Section 21.81.115
to read as follows:
"21.81.115 Coastal development permits issued by
Coastal Commission. The Coastal Commission shall h ave original 3urisdiction for all coastal development permits for development on tidelands, submerged lands and public trust lands, whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant to
Public Resources Code Secti-on 30519( b) , and are shown on the Post LCP Certification Map which is on file in the Planning Department. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain all discretionary approvals required by this Code prior to filing an application with the Coastal Commission for
said coastal development permit. 'I
SECTION 8: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of the last sentence
of Section 21.81.120 to read as follows:
"Such notice shall include any conditions of approval
and written findings and if the matter is appealable to the
Coastal Commission procedures for appeal of the local action to
the Coastal Commission,"
SECTION 9: That Title 21, Chapter 21.81 of the Carlsbad
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Municipal Code is amended by the amendment of Section 21.81.130
to read as follows:
"21.81.130 Effective date of permit. Coastal development permits for projects which are not appealable to the Coastal Commission shall be valid upon the mailing of the notice of final local action unless the notice of final local action does not comply with the requirements of Section 21.81.120. Coastal development permits for projects which are appealable to the Coastal Commission shall be valid upon the expiration of 15
working days from the date of mailing of the notice of final
local action provided that the notice complies with the requirements of Section 21.81.120 and further provided that an appeal of the decision has not been filed with the Coastal Commission.I@
SECTION 10: That Title 21, Chapter 21.81 of the
Carlsbad Municipal Code is amended by the addition of Section
21.81.150(g) to read as follows: I
"(9) Any request for an emergency permit within the
Coastal Commission area of original jurisdiction as defined in Section 21.81.115 shall be referred to the Coastal Commission for review and issuance."
SECTION 11: That Title 21, Chapter 21.81 of the
Carlsbad Municipal Code is amended by the amendment of Section
21.81.160 to add the following:
"Not more than 90 or less than 45 days prior to the
expiration of a coastal development permit the permittee may
apply to the Design Review Board for an extension of the permit.
The application for an extension shall be processed pursuant to
the provisions of Sections 21.81.070, 21.81.100, and 21.81.110 of
this Chapter. An extension shall be approved only if it is found
that there has been no material change of circumstances since the original granting of the permit. If the Design Review Board
finds that there has been a material change of circumstances
since the original granting of the permit the application for the
extension shall be denied. The decision of the Design Review
Board may be appealed pursuant to the provisions of Section
21.81.080. If a complete application for an extension has been timely filed the Design Review Board or the Housing and
Redevelopment Commission on appeal may grant the extension after the expiration date provided that the final decision is made not later than 45 days after the expiration date."
SECTION 12: That Title 21, Chapter 21.81 of the
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Carlsbad Municipal Code is amended by the addition of Section
21.81.165 to read as follows:
"21.81.165 Amendment to coastal development permits.
An amendment to a coastal development permit shall be processed in the same manner as an original application for a coastal development permit. *
SECTION 13: That the provisions of this ordinance
shall be effective upon certification by the executive director
of the Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the day of
1985, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1985 by the
following vote, to wit:
AYES :
NOES :
ABSENT :
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR. City Attorney
MARY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk