HomeMy WebLinkAbout1983-03-01; City Council; 9670; CMC 21.80 adds - CDP applications rvw consistent w/certified AHLUPJ
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ORDINANCE NO. 9670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.80 PROVIDING FOR REVIEW OF COASTAL DEVELOPMENT PERMIT APPLICATIONS CONSISTENT WITH THE CERTIFIED AGUA HEDIONDA LAND USE PLAN OF THE CITY OF CARLSBAD.
The City Council does hereby resolve that the findings of
:he Planning Commission, as contained in Resolution No. 2076,
ionstitute the findings of the City Council.
The City Council of the City of Carlsbad, California,
loes ordain as follows:
Section 1: That Title 21 of the Carlsbad Municipal Code
is amended by the addition of Chapter 21.80 to read as
Eollows :
Chapter 21.80
COASTAL DEVELOPMENT PERMITS Agua Hedionda
Sect ions : 21.80.010
21.80.020
21.80.030
21.80.040
21.80.050
21.80.060
21.80.070
21.80.080
21.80.090
21.80.100
21.80.110
21.80.120
21.80.130
21.80.140
21.80.150
21.80.160
21.80.170
21.80.180
21.80.190
Definitions. Permit required. Developments exempt from coastal development permit procedures.
Applications.
Duties of the Director of Building and
Planning.
Transmittal to the Planning Commission.
Planning Commission action.
Appeal of Planning Commission decision.
City Council action. Public hearings. Appeals to Coastal Commission. Notice of final local action. Effective date of permit.
Review of recorded documents. Expiration of coastal permit. Administrative permits procedures. Applications for emergency permits.
Termination.
Severability.
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21.80.010 Definitions. (a) Coastal Zone. The coastal zone is defined as as the Agua Hedionda segment of the Carlsbad Coastal Zone and shown on the map entitled Agua Hedionda segment of the Carlsbad
Coastal Zone dated January 26, 1983, and on file in the Land
Use Planning Office. (b) Development. "Development" means, on land,
in or under water the placement or erection of any solid
material or structure: discharge or disposal of any dredged
material or of any gaseous, liquid, solid, or thermal waste;
grading, removing, dredging, mining, or extraction of any
materials; change in the density or intensity of use of land,
including, but not limited to, subdivision pursuant to the
Subdivision Map Act and any other division of land, including lot
splits, except where the land division is brought about in
connection with the purchase of such land by a public agency for
public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of private, public, or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to
the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes but is not limited to any building, road,
pipe, flume, conduit, siphon, aqueduct, telephone line, and
electric power transmission and distribution line,
(c) Major Energy Facility, "Major energy facility" means any energy facility as defined by Public Resources Code Section 30107 and exceeding $50,000 in estimated cost of
construction. (d) Major Public Works Project. "Major public works project" means any public works project as defined by Title 14 California Administrative Code Section 13012 and exceeding
$50,000 in estimated cost of construction.
21.80.020 Permit Required, No development shall occur
in the Coastal Zone without a permit having first been issued
according to the provisions of this chapter.
21.80.030 Development exempt from coastal development permit procedures , (a) 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 Director of Building and Planning 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.
(b) The following developments are within the original
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permit jurisdiction of the Coastal Commission pursuant to Californiz
Public Resources Code Section 30600.5(b). Consequently, they are exempt from the requirements of this chapter:
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 the greater distance.
(2) Developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff.
works project or a major energy facility.
ports covered by Chapter 8 commencing with Section 30700 of the Public Resources Code or within any state university or college within the coastal zone.
Applications for these developments must be made directly with the
commission.
(1) Developments between the sea and the first
(3) Any development which constitutes a major public
(4) Any development proposed or undertaken within
(5) Any development proposed by any state agency.
21.80.040 Application. Application for a permit for a coastal development permit shall be made in accordance with the procedures set- forth- in this section.
(a) An application for a permit may be made by the record
owner or owners of the property affected or the authorized aqent of the owner or owners. The application shall be filed with the
Director of Building and Planning upon forms provided by the Director. The application shall be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Director; (b) At the time of filing the application the applicant
shall pay a processinu fee in an amount specified by City Council resolution.
subdivided and no further subdivision is required the application shall be accompanied by a tentative map which shall be filed with the Director in accordance with procedures set forth in Chapter
20.12 of this code. If the project contains four or less lots or
units, the application shall be accompanied by a tentative parcel
map which shall be filed with the City Engineer in accordance with
procedures set forth in Chapter 20.24 of this code.
(d) Whenever the development would require a permit or approval under the provisions of this title, notwithstanding this
chapter, the application shall include sufficient information to allow review of such permit or approval. Application for all permits or approvals under this title and the coastal permit may be consolidated into one application. (e) The Director of Building and Planning may require tha the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporate1 into the development to substantially lessen any significant effect on the environment which may be caused by the development.
(c) Unless the property has previously been legally
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(f) The application shall provide the applicant an >pportunity to indicate whether the project qualifies for
idministrative approval pursuant to Section 21.80.160 of this 2hapter.
21.80.050 Duties of Director of Building and Planning.
(a) After the application has been accepted as
Zomplete the Director of Building and Planning shall determine
if the project is exempt from the requirements of this chapter ?ursuant to Section 21.80.030. The Director shall give notice 3f a determination of exemption to all persons specified in Section 21.80.160. The cost of providing this notice shall be
included in the fee paid by the applicant. The Director's 3ecision may be appealed in writing to the Planning Commission
aithin 15 days after the date of the notice.
ipprove, conditionally approve or deny permits for projects qualifying for administrative approval pursuant to Section 30624
If the state Public Resources Code, providing, however, that an
2dministrative permit shall not be issued for any development
Mhich must be reviewed by the Coastal Commission pursuant to Sections 30579(b) and 30601 of the Public Resources Code.
311 emergency permits.
zualify for an exemption, or an administrative or emergency 3ermit then the Director shall set the matter for public hearing hefore the Planning Commission. €or hearing at the same time as any other permit for the project.
(b) The Director of Building and Planning shall
(c) The Director of Building and Planning shall issue
(d) If the Director determines that the matter does not
the coastal permit may be set
21.80.060 Transmittal of Planning Commission. Unless
the application is exempt or qualifies for an administrative or
emergency permit, the Director shall transmit the application, together with a recommendation thereon, to the Planning
Commission for public hearing when all necessary reports and processes have been completed. An application for a coastal permit may be considered in conjunction with any other discretionary permit required for the project.
21.80.070 Planning Commission Action. After a public hearing the Planning Commission may approve, conditionally
approve or deny the application. No approval or conditional
approval shall be given unless the planning commission finds:
(1) that the development is consistent with the provisions of the Aqua Hedionda Land Use Plan; and (2) will not conflict with
the development of permanent ordinances and procedures for
implementation of the Aqua Hedionda Local Coastal program.
21.80.080 Appeal of Planning Commission Decision.
(a) The applicant or any other interested person may
appeal, from any action of the Planning Commission to the City Council.
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Any such appeal shall be filed with the City Clerk rithin ten days after the action of the Planning Commission from rhich the appeal is being taken.
Upon the filing of an appeal, the City Clerk shall set :he matter for public hearing. Such hearing shall be held vithin thirty days after the date of filing the appeal. Within :en days following the conclusion of the hearing, the City :ouncil shall render its decision on the appeal. The decision
If the City Council is final.
(b) The decision of the City Council shall be ionsistent with the provisions of this chapter and shall be
supported by appropriate findings. (c) If the City Council fails to act on an appeal vithin the time limits specified in this section, the appeal
shall be deemed denied. (d) If the development for which a coastal development ?ermit also requires other discretionary approvals for which the ?lanning Commission is not given final approval authority then
the Planning Commission action on the coastal development permit
shall be deemed a recommendation to the City Council.
(e) No fee shall be charged for the appeal.
21.80.090 City Council action. If the review of the zoastal development is consolidated with other reviews pursuant to this code for which the Planning Commission does not have final approval authority, the City Council shall hold a public nearing on the coastal permit. At the public hearing, the City
Zouncil shall review the Planning Commission's decision, shall consider the matter and shall approve, conditionally approve or
disapprove the permit. The City Council shall not approve or conditionally approve or disapprove the permit unless it finds that the project is consistent with the Agua Hedionda Land Use
Plan and that approval or conditional approval will not conflict
with the development of permanent ordinances and procedures for implementation of the Agua Hedionda Local Coastal Program. The
decision of the City Council is final.
is required by this chapter, notice of the hearing shall be
given as provided in Section 21.54.060(1) of this code. When the hearing on a Coastal Development permit is consolidated with the hearing on a tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of this code. In
addition to the persons required to be notified pursuant to
Section 21.54.060(1) or Title 20, notice shall be given to all
persons who have previously requested notice of development permits within the coastal zone. such notice shall be updated annually.
21.80.100 Public Hearings. Whenever a public hearing
The list of persons requesting
21.80.110 Appeals to Coastal Commission.
(a) Any final action taken by the City on a coastal
development permit application, or any permit approval which
occurs by operation of law, may be appealed to the Coastal
Commission by any person, the executive director or any two
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members of the Commission pursuant to Public Resources Code Section 30602. Exhaustion of all local appeals must occur before an application may be appealed to the Commission.
after the date of the final local action.
(b) The appeal shall be filed not later than 30 days
21.80.120 Notice of Final Local Action. Within five working days of a final local action on an application for any
coastal development, or any approval which occurs by operatio;
of law, the Land Use Planning Manager shall provide notice of
the action by first class mail to the Commission and to any
persons who specifically requested notice of such final action
by submitting an addressed, stamped envelope to the City. Such
notice shall include any conditions of approval and written
findings and the procedures for appeal of the local action to
the Commission.
21.80.130 Effective date of permit. The coastal
development permit shall be valid upon the expiration of 30 days from the date of the final local action unless an appeal to the Commission has been filed or the notice of final local action does not comply with the requirements of Section 21.80.110.
21.80.140 Review of recorded documents. All coastal development permits subject to conditions that require the recordation of deed restrictions, offers to dedicate or agreements imposing restrictions on real property shall be subject to the following procedures:
review and approve all legal documents specified in the
conditions of approval of a coastal development permit that are
necessary to find the development consistent with the land use
plan.
have fifteen working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any.
expiration of the fifteen working day period if notification of
inadequacy has not been received by the local government within that time period. (a) If the executive director has recommended
revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the executive director.
(a) The executive director of the Commission shall
(b) The executive director of the Commission shall
(c) The local government may issue the permit upon
21.80.150 Expiration of Coastal permits. A coastal development permit shall expire on the latest expiration date
applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals. Should the project require no permits or approvals other than a coastal development permit, the coastal development permit shall expire one year from its date of approval if the project has not been commenced during that time.
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21.80.160 Administrative permits procedures. (a) An applicant requesting an administrative permit
;hall so indicate at the time the application is filed.
(b) Notice that an administrative permit has been .ssued shall be given to the public and shall also be given to 111 organizations and individuals who have previously requested
;uch notice. The public notice shall be given by at least one )f the following procedures:
)f general circulation in the City;
)ff site in the area where the project is located;
300 feet of the project as such owners are shown on the latest
2qualized assessment role.
(c) Approval or conditional approval of an
3dministrative permit may be given only if the Director of
3uilding and Planning makes the findings specified in Section
11.80.070. Any application for a development deemed a principal Iermitted use, within the meaning of Section 30624 of the Public iesources Code, may be issued an administrative permit under
:his ordinance only if the development is specifically
2ategorized as the principal permitted use in the certified land
Jse plan unless specifically set forth in Section 30624 of the
lublic Resources Code.
section may be appealed by any person to the Planning
Sommission. The appeal shall be in writing and filed with the
3irector not later than twenty days after the giving of notice
3s provided in this section. The appeal shall be considered by
the Planning Commission in accordance with the provisions of this chapter for any other application.
administrative application shall be mailed to the applicant flithin five days of the dates of the decision. nay appeal the decision as provided in subsection (a).
considered on the same criteria and under the same procedures as miginal applications pursuant to this section.
(1) Publication at least one time in a newspaper
(2) Posting for not less than ten days on and
(3) Direct mailing to owners of property within
(d) Any decision of the Director pursuant to this
(e) Notice of the Directors decision on an
The applicant
(f) Amendments to administrative permits may be
21.80.170 Applications for emergency permits.
(a) Applications in case of emergency shall be made by
letter to the Director of Building and Planning or in person or
by telephone, if time does not allow. "Emergency" means: a
sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or
essential public services.
request:
(b) The following information shall be included in the
(1) nature of the emergency;
(2) cause of the emergency, insofar as this can
(3) location of the emergency;
(4) the remedial, protective, or preventive work
be established;
required to deal with the emergency; and
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(5) the circumstances during the emergency that
fppeared to justify the cause(s) of action taken, including the xobable consequences of failing to take action.
(c) The Director shall verify the facts, including the
2xistence and the nature of the emergency, insofar as time
fll0WS. (d) The Director shall provide public notice of the
2mergency work, with the extent and type of notice determined on
:he basis of the nature of the emergency.
(e) The Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date
2nd the necessity for a regular permit application later, if the lirector finds that:
nore quickly than permitted by the procedures for administrative
?ermits or for regular permits and the work can and will be iompleted within 30 days unless otherwise specified by the terms
>f the permit.
iction has been reviewed, if time allows: and
the requirements of the cetified land use plan.
€or any work that falls within the provisions of Public Resources Code, Sections 30159(b) and 30601.
Zoastal Commission and to the Planning Commission, at its first
scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to
311 persons who have requested such notification in writing. The
report of the Director shall be informational only; the decision
to issue an emergency permit is solely at the discretion of the Director subject to the provisions of this ordinance.
(1) An emergency exists that requires action
(2) Public comment on the proposed emergency
(3) The work proposed would be consistent with
(f) The Director shall not issue an emergency permit
(4) The Director shall report, in writing, to the
21.80.180 Termination. The provisions of this chapter
shall be effective until such time as the ordinances and other acts necessary to implement the Aqua Hedionda Local Coastal
Program are adopted at which time this chapter shall be
superseded by the chapter establishing the permit procedures.
subdivision, paragraph, sentence, clause or phrase of this
ordinance or any part thereof is for any reason held to be
unconstitutional such decision shall not affect the validity of
the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.
21.80.190 Severability. If any section, subsection,
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SECTION 2: The City Council of the City of Carlsbad
iereby finds and declares that this ordinance is an urgency
xdinance necessary to protect the public health, safety and
relfare for the reasons stated above and shall take effect
.mmediately upon its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
larlsbad City Council held on the 15th day of Februarj(
1983 and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Zouncil held on the 1st day of March 1983 by
:he following vote, to wit:
AYES :
NOES: None
ABSENT: Council Member Kulchin
Council Menhers Casler, Lewis, Chick and Prescott
I MARY H. CASLER, Mayor
STTEST :
(Seal)
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