HomeMy WebLinkAbout2009-07-01; Planning Commission; Resolution 65741 PLANNING COMMISSION RESOLUTION NO. 6574
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO: 1)
4 REPEAL AND REPLACE THE NONCONFORMING
5 BUILDINGS AND USES - CHAPTER 21.48 OF THE ZONING
ORDINANCE, 2) INCLUDE NEW AND AMENDED
6 ASSOCIATED DEFINITIONS IN CHAPTER 21.04-
DEFINITIONS, 3) AMEND CHAPTER 21.46 -YARDS TO
7 DELETE SECTION 21.46.210, 4) AMEND CHAPTER 21.44 -
PARKING TO REVISE SECTION 21.44.010, AND 5) AMEND
8 CHAPTER 21.45 TO REVISE SECTION 21.45.090A.
9 CASE NAME: NONCONFORMING BUILDINGS AND
USES ORDINANCE REVISION
10 CASE NO.: ZCA 09-01
11
WHEREAS, the Planning Director has prepared a proposed Zone Code
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Amendment pursuant to Section 21.52.020 of the Carlsbad Municipal Code to amend the
14 Nonconforming Buildings and Uses (CMC 21.48) Chapter of the Zoning Ordinance; and
15 WHEREAS, the proposed amendment is set forth in the draft City Council
16 Ordinance, Exhibit "X," dated, July 1, 2009, and attached hereto ZCA 09-01 -
17 NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION; and
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WHEREAS, the Planning Commission did on the 17th day of June, 2009, hold a
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duly noticed public hearing as prescribed by law to consider said request; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony and
22 arguments of all persons desiring to be heard, said Commission directed staff to revise the
23 draft ordinance to waive the requirement for a nonconforming construction permit for an
24 expansion to a single-family residential structure provided that the area of expansion is
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40% or less than the exiting square footage of the residence or a maximum of 640 square
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feet, whichever is less, and that the area of expansion complies with all development
23 standards, and continued the public hearing to July 1,2009; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Zone Code Amendment.
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5 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
6 Commission as follows:
7 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
9 RECOMMENDS APPROVAL of ZCA 09-01 - NONCONFORMING
BUILDINGS AND USES ORDINANCE REVISION, based on the following
10 findings:
Findings:
12 1. That the proposed Zone Code Amendment ZCA 09-01 is consistent with the General
Plan in that it provides a mechanism to encourage revitalization in residential areas
13 which are deteriorating or have a high potential of becoming deteriorated, and it
includes procedures to review the architecture of buildings with the focus on
ensuring the quality and integrity of design and enhancement of the character of
each neighborhood.
16 2. That the proposed ZCA reflects sound principles of good planning in that it (a) ensures
internal consistency with the procedures and standards of the rest of the existing
17 Zoning Ordinance that is not proposed for amendment, and (b) implements the
policies and programs of the General Plan.18
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PC RESO NO. 6574 -2-
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, held on July 1, 2009, by the following vote, to wit:
AYES:
NOES:
Commissioners Baker, Boddy, Douglas, L'Heureux, and
Chairperson Montgomery
ABSENT: Commissioner Dominguez
ABSTAIN:
MARTELI7B. MONTGOMERY, Cjflperson
CARLSBAD PLANNING COMMlfmON
ATTEST:
DON NEU
Planning Director
PC RESO NO. 6574 -3-
Exhibit "X"
July 1,2009
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE
3 AMENDMENT TO: 1) REPEAL AND REPLACE THE
NONCONFORMING BUILDINGS AND USES - CHAPTER 21.48
4 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND
AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04-
5 DEFINITIONS, 3) AMEND CHAPTER 21.46 -YARDS TO DELETE
SECTION 21.46.210, 4) AMEND CHAPTER 21.44 - PARKING TO
6 REVISE SECTION 21.44.010 AND, 5) AMEND CHAPTER 21.45
TO REVISE SECTION 21.45.090A.
7 CASE NAME: NONCONFORMING BUILDINGS AND
USES ORDINANCE REVISION
8 CASE NO.: ZCA 09-01/LCPA 09-01
9 The City Council of the City of Carlsbad, California, does ordain as follows:
10 SECTION I: That Title 21 of the Carlsbad Municipal Code is amended to read
11 as follows:
12 Title 21
13 ZONING
14 Chapters:
15 21.48 Nonconforming Lots, Structures and Uses
16 SECTION II: That Chapter 21.04 of the Carlsbad Municipal Code is amended to
1' read as follows:
18 Chapter 21.04
19 DEFINITIONS
20 21.04.027 Alter.
71 "Alter" means any change to the interior or exterior of a structure that does not result in
22 an increase to the gross floor area of the structure.
23 21.04.140.1 Expansion.
74 "Expansion" means to enlarge or increase the size of an existing structure or use
25 including the physical size of the property, building, parking and other improvements.
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21.04.275 Nonconforming structure.
27 "Nonconforming structure" means a structure, or portion thereof, which was lawfully
28 erected or altered and maintained, but which, because of the application of this title to it, no
1 longer conforms to the current requirements and development standards of the zone in which it
2 is located. (Ord. 9060 § 254)
3 21.04.278 Nonconforming lot.
4 "Nonconforming lot" means a lot which was legally created, but which, because of the
5 application of this title to it, no longer conforms to the current requirements and development
6 standards of the zone in which it is located.
7 21.04.280 Nonconforming non-residential use.
8 "Nonconforming non-residential use" means a non-residential use which was lawfully
9 established and maintained, but which, because of the application of this title to it, no longer
conforms to the current use regulations of the zone in which it is located.
11 21.04.281 Nonconforming residential use.
"Nonconforming residential use" means a residential use which was lawfully established
and maintained, but which exceeds the Growth Management Control Point or the maximum
density range of the underlying General Plan Land Use designation
15 21.04.299.1 Repair.
"Repair" means any improvements to correct deficiencies in a building or structure.
17 21.04.299.2 Replace.
1 8 "Replace" means to construct a structure that is substantially equivalent in size, shape
19 and location to a structure that has been destroyed or demolished.
?o 21.04.354 Structure.
21 "Structure" means anything constructed or erected which requires location on the ground
22 or attached to something having a location on the ground, but not including fences or walls used
23 as fences six feet or less in height. All buildings are structures.
74 (Ord. 9060 § 269)
25 21.04.355 Substandard lot.
See "Nonconforming lot".
27 ///
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1 SECTION 111: That Chapter 21.44 of the Carlsbad Municipal Code is amended to
2 read as follows:
3 Chapter 21.44
4 PARKING
5 21.44.010 Required off-street parking.
A. Off-street parking, designed in accordance with the requirements of this chapter,
shall be provided for:
1. All newly constructed buildings;
2. Additions to existing buildings, except for:
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a. An existing single family residence which does not meet the required parking
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standard (i.e. a two car garage) may expand floor area if a minimum of two off-
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street parking spaces are provided on-site in a location consistent with Section
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21.44.060(4).
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3. Any change of use within an existing building.
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, , SECTION IV: That Chapter 21.45 of the Carlsbad Municipal Code is amended to16
read as follows:
Chapter 21.45
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19 PLANNED DEVELOPMENTS
70 21.45.090 Residential additions and accessory uses
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General.
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1. Additions and accessory uses shall be subject to all applicable development
standards of this chapter, unless otherwise specified in this section.
25 2. Additions to buildings that are legally nonconforming shall comply with the
26 requirements of chapter 21.48 of this code.
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1 SECTION V: That Section 21.46.210 of the Carlsbad Municipal Code is
2 repealed.
3 SECTION VI: That Chapter 21.48 of the Carlsbad Municipal Code is repealed in
4 its entirety and reenacted as follows:
5 Chapter 21.48
6 NONCONFORMING LOTS, STRUCTURES AND USES
7 Sections:
8 21.48.010 Purpose and intent.
9 21.48.020 Applicability.
10 21.48.030 General provisions.
11 21.48.040 Nonconforming lots.
12 21.48.050 Nonconforming residential structures and uses.
1^ 21.48.060 Nonconforming non-residential structures.
14 21.48.070 Nonconforming non-residential uses.
15 21.48.080 Nonconforming construction permit.
'" 21.48.090 Abatement of nonconforming structures and uses.
17 21.48.010 Purpose and intent.
1 8 A. The purpose and intent of this chapter is to:
19 1. Allow for the development of nonconforming lots that were legally created.
20 2. Establish procedures for the abatement of structures and uses that do not
21 comply with all of the requirements and development standards of this title and which may be
22 adverse to the orderly development of the city and to the public health, safety, or welfare of
23 persons or property.
24 3. Permit the continuation of uses and continued occupancy and maintenance of
25 structures that were legally established but do not comply with all of the requirements and
^f\development standards of this title, in a manner that is not adverse to the public health, safety or
27 welfare of persons or property.
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1 4. Permit the repair, alteration, expansion or replacement of nonconforming
2 structures subject to the regulations herein.
3 5. Permit the expansion or replacement of nonconforming uses subject to the
4 regulations herein.
5 21.48.020 Applicability.
6 A. The provisions of this chapter apply to:
7 1. Legally created lots which do not conform to the current requirements and
8 development standards of the zone in which they are located.
9 2. Legally constructed structures and site development features (except for
10 nonconforming signs which are addressed in Section 21.41.130) which do not comply with the
11 current requirements and development standards of the zone in which they are located.
12 3. Legally established uses which do not conform to the current permitted use
13 regulations of the zone in which they are located.
14 21.48.030 General provisions.
15 A. It shall be the responsibility of the owner of a nonconforming lot, structure or use
!6 to prove to the planning director that such lot, structure or use was lawfully established, existed
1 71' on the date of adoption or amendment of this chapter, and has existed continuously as defined
18 herein.
19 B. Nothing in this chapter shall be deemed to prevent the strengthening or restoring
70 to a safe condition of any structure or part thereof declared to be unsafe by any city official
21 charged with protecting the public safety, upon order of such official. Repairs and alterations
22 may be made to restore a structure to the same condition that existed prior to damage or
23 deterioration, provided that such repairs or structural alterations conform to the provisions of this
24 . tchapter.
25 //;
26 ///
27 ///
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1 21.48.040 Nonconforming lots.
2 A. A nonconforming lot may be developed, provided that the development is
3 consistent with the General Plan and complies with all of the requirements and development
4 standards of the zone, master plan, or specific plan in which it is located.
5 21.48.050 Nonconforming residential structures and uses.
6 A. Specific Provisions.
7 1. A nonconforming residential structure and/or nonconforming residential use may
° be continued and the structure and/or use repaired, altered, expanded or replaced in
" accordance with the provisions of this chapter provided that the repair, alteration, expansion or
10 replacement does not:
a. Result in an additional structural nonconformity; and,
17 b. Increase the degree of the existing nonconformity of all or part of such structure
13 or use (i.e. the addition of a new dwelling unit to an existing over density
14 residential use); and,
c. Reduce the number and size of any required existing parking spaces.
2. Any expansion of floor area or the addition of a new dwelling unit that results in
17 an increase in parking demand, pursuant to chapter 21.44, shall provide additional parking to
18 satisfy the increase in parking demand.
19 3. An existing single family residence which does not meet the required parking
20 standard (i.e. a two car garage) may expand floor area if a minimum of two off-street parking
21 spaces are provided on-site in a location consistent with Section 21.44.060(4).
22 B. Repair or Alteration.
23 1. A nonconforming residential structure and/or a structure which is occupied by a
24 nonconforming residential use may be repaired or altered subject to issuance of all required
25 discretionary and building permits, provided that the repair or alteration complies with all current
26 fire protection and building codes and regulations contained in Title 17 and Title 18.
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C. Expansion.
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1 1. A nonconforming residential structure and/or a nonconforming residential use
2 may be expanded, so as to occupy a greater area of land or more floor area subject to issuance
3 of all required discretionary and building permits and provided that an application for a
4 nonconforming construction permit is submitted and the planning director approves the findings
5 of fact pursuant to Section 21.48.080(8).
6 2. Where a single-family residential structure is nonconforming only by reason of
7 substandard yards, the provisions of this chapter requiring a nonconforming construction permit
8 for an expansion shall not apply provided that:
9 a. The area of expansion is not more than 40% of the existing floor space prior to
10 the enlargement or a maximum of 640 square feet, whichever is less; and
11 b. The area of expansion, when combined with prior expansions of the
12 nonconforming structure, does not exceed 40% of the floor space that existed prior to any
1^ expansions or 640 square feet, whichever is less; and
14 c. The area of expansion shall comply with all current development standards
15 including, but not limited to, setbacks, lot coverage and height limitations; and
16 d. Expansions that exceed the limits of this exception shall require a nonconforming
' construction permit.
1 O D. Replacement in the Event of a Disaster.
19 1. A nonconforming residential structure and/or nonconforming residential use that
20 is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to
21 issuance of all required discretionary and building permits and provided that an application for a
22 nonconforming construction permit is submitted within two years of the date of the disaster and
23 the planning director approves the findings of fact pursuant to Section 21.48.080(6).
24 E. Voluntary Demolition and Subsequent Replacement.
25 1. A nonconforming residential structure and/or nonconforming residential use that
76 is proposed to be voluntarily demolished may be replaced subject to issuance of all required
27 discretionary and building permits and provided that an application for a nonconforming
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1 construction permit is submitted and the planning director approves the findings of fact pursuant
2 to Section 21.48.080(6) prior to the date of the demolition.
3 21.48.060 Nonconforming non-residential structures.
4 A. Specific Provisions.
1. A nonconforming non-residential structure may be continued and the structure
repaired, altered, expanded or replaced in accordance with the provisions of this chapter
7 provided that the repair, alteration, expansion or replacement does not:
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a. Result in an additional structural nonconformity; and,
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b. Increase the degree of the existing nonconformity of all or part of such structure;
10 and,
c. Reduce the number and size of any required existing parking spaces.
12 2. Any expansion of floor area that results in an increase in parking demand,
pursuant to chapter 21.44, shall provide additional parking to satisfy the increase in parking
demand.
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B. Repair or Alteration.
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1. A nonconforming non-residential structure may be repaired or altered subject to
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issuance of all required discretionary and building permits, provided that the repair or alteration
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complies with all current fire protection and building codes and regulations contained in Title 17
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and Title 18.
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C. Expansion.
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1. A nonconforming non-residential structure may be expanded, so as to occupy a
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greater area of land or more floor area subject to issuance of all required discretionary and
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building permits and provided that an application for a nonconforming construction permit is
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submitted and the planning director approves the findings of fact pursuant to Section
21.48.080(6).26
77 D. Replacement in the Event of a Disaster.
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1 1. A nonconforming non-residential structure that is destroyed by fire, explosion, or
2 other casualty or natural disaster, may be replaced subject to issuance of all required
3 discretionary and building permits and provided that an application for a nonconforming
4 construction permit is submitted within two years of the date of the disaster and the planning
5 director approves the findings of fact pursuant to Section 21.48.080(6).
6 E. Voluntary Demolition and Subsequent Replacement.
7 1. A nonconforming non-residential structure that is proposed to be voluntarily
8 demolished may be replaced subject to issuance of all required discretionary and building
9 permits and provided that an application for a nonconforming construction permit is submitted
10 and the planning director approves the findings of fact pursuant to Section 21.48.080(6) prior to
11 the date of the demolition.
12 21.48.070 Nonconforming non-residential uses.
A. Specific Provisions.
1. A nonconforming non-residential use and/or structure which is occupied by a
nonconforming non-residential use may be continued and the structure and/or use repaired,
altered, expanded or replaced in accordance with the provisions of this chapter provided that
17 the repair, alteration, expansion or replacement does not:
18 a. Increase the degree of the existing nonconformity of all or part of such structure
19 or use; and,
20 b. Reduce the number and size of any required existing parking spaces.
21 2. Any expansion of a non-residential use and/or structure which is occupied by a
22 nonconforming non-residential use that results in an increase in parking demand, pursuant to
23 chapter 21.44, shall provide additional parking to satisfy the increase in parking demand.
24 6. Repair or Alteration.
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1. A structure which is occupied by a nonconforming non-residential use may be
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repaired or altered subject to issuance of all required discretionary and building permits,
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1 provided that he repair or alteration complies with all current fire protection and building codes
2 and regulations contained in Title 17 and Title 18.
3 C. Expansion of Use.
4 1. A nonconforming non-residential use may be expanded, so as to occupy a
5 greater area of land or more floor area within a structure, subject to issuance of all required
6 discretionary and building permits, provided that an application for a conditional use permit is
7 submitted and the planning commission approves the findings of fact pursuant to Section
8 21.42.030(A).
g D. Relocation.
10 1. A nonconforming non-residential use may be moved, in whole or in part, to any
11 other on-site structure, or to any other portion of the structure, lot or site within or upon which it
12 is located, subject to issuance of all required discretionary and building permits and provided
13 that an application for a conditional use permit is submitted and the planning commission
14 approves the findings of fact pursuant to Section 21.42.030(A).
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E. Change of Use.
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1. A nonconforming non-residential use may be changed to a use that is permitted
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in the zone in which the subject property is located, or may be changed to a use that is more
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conforming, subject to approval of the planning director and the issuance of a business license.
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F. Replacement of Use.
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1. A nonconforming non-residential use may be replaced with the same or a similar
use, as determined by the planning director, so long as the replacement use does not expand or
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in any other manner increase the degree of nonconformity with the use regulations of this title.
24 G. Discontinuance.
25 1. If a structure or parcel of land which is occupied by a nonconforming non-
26 residential use is, or hereafter becomes vacant and remains unoccupied either temporarily or
27 permanently, whether with the intent to abandon the use or not, for a continuous period of one
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1 year or more, the planning director shall determine and shall notify the owner of the property, via
2 certified return receipt mail, that the nonconforming use has been discontinued and the
3 nonconforming use may not be renewed or reestablished.
4 H. Reestablishment of a Nonconforming Use in the Event of a Disaster.
5 1. A nonconforming non-residential use that is destroyed by fire, explosion, other
casualty or natural disaster, may be reestablished subject to issuance of all required
7 discretionary and building permits and provided that an application for a conditional use permit
o is submitted within two years of the date of the disaster, and the planning commission approves
o the findings of fact pursuant to Section 21.42.030(A).
10 I. Voluntary Demolition and Subsequent Reconstruction.
1. A nonconforming non-residential use that is proposed to be voluntarily
12 demolished and subsequently reconstructed, may be reestablished subject to issuance of all
13 required discretionary and building permits and provided that an application for a conditional use
14 permit is submitted and the planning commission approves the findings of fact pursuant to
15 Section 21.42.030(A) prior to the demolition.
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21.48.080 Nonconforming construction permit.
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A. Authority.
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1. The planning director or his designee may approve, conditionally approve or
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deny a nonconforming construction permit as prescribed in this chapter, upon making the
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findings of fact listed in Section 21.42.080(6) of this chapter.
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B. Findings of Fact.
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1. A nonconforming construction permit shall be granted only if the following facts
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are found to exist in regard thereto:
a. The expansion/replacement of the structure and/or use would not result in an
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adverse impact to the health, safety and welfare of surrounding uses, persons or26
2? property.
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1 b. The area of expansion shall comply with all current requirements and
2 development standards of the zone in which it is located, except as provided in
3 Subsection 21.48.050(A)(3) of this chapter.
4 c. The expansion/replacement structure shall comply with all current fire protection
5 and building codes and regulations contained in Title 17 and Title 18.
6 d. The expansion/replacement would result in a structure that would be considered
7 an improvement to, or complementary to and/or consistent with the character of
8 the neighborhood in which it is located.
" C. Application and Fees.
1. Application for a nonconforming construction permit may be made by the owner
of the property affected or the authorized agent of the owner. Application shall be made in
12 writing on a form provided by the planning department. The application shall state fully the
circumstances and conditions relied upon as grounds for the application and shall be
14 accompanied by adequate plans, a legal description of the property involved and all other
materials as specified by the planning department.
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2. At the time of filing the application, the applicant shall pay a processing fee in an
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amount as specified by city council resolution.
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D. Notices.
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1. Upon the filing of an application for a nonconforming construction permit, the
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planning director shall give written notice by mail or personal delivery to the project applicant,
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the owner of the subject real property or the owner's duly authorized agent and to all property
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owners as shown on the latest equalized assessment roll within three hundred feet of the
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subject property at least fifteen days prior to a decision on the application.
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E. Decision-Making Process.
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., 1. Applications for nonconforming construction permits shall be acted upon in26
accordance with the decision process identified below:27
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1 a. Any person so notified in accordance with Section 21.48.080(0) above may file
2 written objections or a written request to be heard within ten days after the
3 mailing or personal delivery of the notice. If a written request to be heard is filed,
4 the planning director shall schedule an informal hearing and provide written
5 notice to the applicant and the requestor at least five days prior to the hearing.
6 The hearing is not a formal public hearing.
7 b. An application for a nonconforming construction permit may be approved,
8 conditionally approved or denied by the planning director based upon his/her
9 review of the facts as set forth in the application and review of the circumstances
10 of the particular case.
11 c. The planning director may approve the nonconforming construction permit if all of
12 the findings of fact in Section 21.48.080(6) of this chapter are found to exist.
13 p. Announcement of Findings and Decision.
14 1. Not more than twenty days following the termination of the proceedings for a
nonconforming construction permit, the planning director shall announce his/her findings by
letter. The letter shall recite, among other things:
a. The facts and reasons which, in the opinion of the planning director, make the
18 granting or denial of the nonconforming construction permit necessary to carry
19 out the provisions and general purpose of this title;
20 b. That the nonconforming construction permit be granted or denied; and,
21 c. If the letter orders that the nonconforming construction permit be granted, it shall
22 also recite such conditions and limitations as the planning director may impose.
23 G. Mailing of Notice of Decision.
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1. Not later than seven days following the announcement of a decision ordering that
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a nonconforming construction permit be granted or denied, a copy of the letter shall be mailed to
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the applicant at the address shown on the application filed with the planning director.
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1 H. Appeals.
2 1. In the case of nonconforming construction permits, the action of the planning
3 director may be appealed to the planning commission in accordance with Section 21.54.140 of
4 this title. The planning commission's action to approve, conditionally approve or deny is final.
5 I. Expiration Period.
6 1. Expiration of Permit if Not Exercised.
7 a. Any nonconforming construction permit becomes null and void if not exercised
8 within twenty-four months of the date of approval.
9 2. Extension of Permit if Not Exercised.
a. Not more than ninety days or less than forty-five days prior to the expiration of a
nonconforming construction permit the permittee may apply to the planning
12 director for an extension of the permit. The planning director may extend the
time, without public notice, within which the right or privilege granted under a
14 nonconforming construction permit must be exercised for one additional year
upon receipt of a written request from the applicant prior to the expiration of such
16 nonconforming construction permit. In granting such extension the planning
17 director shall make a written finding that neighborhood conditions have not
18 substantially changed since the granting of such nonconforming construction
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permit.
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J. Amendment.
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1. Any approved nonconforming construction permit may be amended by following
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the same procedure as for approval of a nonconforming construction permit and upon payment
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of the application fee contained in the most recent fee schedule adopted by the city council.
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21.48.090 Abatement of nonconforming structures and uses.
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A. If a nonconforming use and/or structure is determined by the planning director to
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be adverse to the orderly development of the city and/or to the public health, safety, or welfare27
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1 of persons or property, the planning director shall schedule a public hearing by the planning
2 commission to establish the conditions of abatement and the abatement period. The abatement
3 period shall start from the date of the applicable resolution and shall be:
4 1. For all Residential Uses.
5 a. Not less than one or more than five years.
6 2. For all Non-Residential Uses.
7 a. Not less than one or more than ten years.
8 3. For all Nonconforming Structures.
9 a. Not less than three years or more than twenty-five years.
10 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to
Section 6.16.150 of the Carlsbad Municipal Code.
12 B. Public Hearing Notice.
1. Notice of said public hearing shall be given as required by Section 21.54.060.
14 C. Public Hearing Evidence.
1. The planning commission shall consider at the public hearing, all pertinent data
to enable it to arrive at an equitable abatement period which will protect the public health, safety
17' or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, to
1 8 amortize their investment so that any loss will be minimized.
19 B. The owner or lessee shall be allowed to present any evidence related to the case.
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C. When setting the abatement period, the planning commission shall take into
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consideration the type of construction, age, condition, and extent of nonconformity of the
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structure or use in question; any structural alterations or expansions; and/or the installation of
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major equipment designed into the structure prior to the date of nonconformity.
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D. Hearing Decision.
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1 1. After the close of the public hearing, the planning commission shall determine
2 and establish by resolution the abatement period, and shall set forth in said resolution all
3 findings and facts upon which the date of such abatement period is based.
4 E. Notice of Decision to Owner.
5 1. The secretary of the planning commission shall formally notify the owner of the
6 property of the action of the planning commission by mailing a copy of the resolution, via
7 certified return receipt mail, within ten days following the date of its adoption by the planning
8 commission.
9 F. Appeal.
1. The above action of the planning commission shall be final unless an appeal to
the city council is filed in accordance with the procedure provided in Section 21.54.150.
12 G. Recordation.
13 1. The secretary of the planning commission shall transmit a final signed copy of
14 the resolution of the planning commission or city council, whichever is final, to the County
Recorder of San Diego for recordation.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
17 adoption, but not until approved by the California Coastal Commission and the City Clerk shall
18 certify to the adoption of this ordinance and cause it to be published at least once in a
19 publication of general circulation in the City of Carlsbad within fifteen days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the day of 2009, and thereafter.
3 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
4 Carlsbad on the day of 2009, by the following vote, to wit:
5 AYES:
6 NOES:
7 ABSENT:
8 ABSTAIN:
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10 APPROVED AS TO FORM AND LEGALITY
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RONALD R. BALL, City Attorney
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15 CLAUDE A. LEWIS, Mayor
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ATTEST:
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19 LORRAINE M. WOOD, City Clerk
20 (SEAL)
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