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HomeMy WebLinkAbout1984-03-20; City Council; 9714; CMC 21.81 adds - Review village redevelopment area CDP applications1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO . 9714 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 21.81 PROVIDING FOR REVIEW OF COASTAL DEVELOPMENT PERMIT APPLICATIONS WITHIN THE VILLAGE REDEVELOPMENT AREA. The City Council of the City of Carlsbad does ordain as follows : SECTION 1: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.81 to read as follows: Chapter 2 1 . 8 1 COASTAL DEVELOPMENT PERMITS VILLAGE REDEVELOPMENT AREA 21 -81 -010 21 -81 -020 21 -81 -030 21.81 -040 21 .81.050 21 .81.060 21 -81.070 21.81 -080 21 .81.090 21.81 .lo0 21 .81.110 21.81;120 21.81.130 21 .81.140 21.81.150 21.81.160 21.81.170 Definitions. Permit required . Development exempt from coastal development permit procedures . Application. Duties of director of building and planning. Transmittal of Design Review Board. Design Review Board action. Appeal of Design Review Board decision. Housing and Redevelopment Commission action. Public hearings. Appeals to Coastal Commission. Notice of final local action. Effective date of permit. Review of recorded documents . Applications for emergency permits. Expiration of Coastal permits. Severability. 21.81.010 Definitions. (a) Coastal Zone: Coastal zone is defined as that portion of the Carlsbad Coastal Zone located within the area of the City described on the Carlsbad Village Area Redevelopment Plan as adopted by City of Carlsbad Ordinance No. 9591 and shown on the map entitled Village Redevelopment Area Segment of the Carlsbad Coastal Zone dated December 19, 1983 and on file in the Land Use Planning Office. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 3.6 17 18 19 20 21 22 23 24 25 26 27 28 (b) Coastal Commission California Coastal Commission. Coastal Commission menas the (c) 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 451 1 ) . 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. (d) 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. (e) 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. 21.81.020 Permit required. No development shall occur in the Coastal Zone without a permit having first been issued according to the provisions of this chapter. 21.81.030 Development exempt from coastal development (a) A permit issued for a development which is permit procedures. 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. 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 (b) The City Council may designate by resolution, 2. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this ch pter. The de iqn tion of ny categorical xemption 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 permits issued for categorically exempt projects as specified in subsection (a). 21.81.040 Application. Application for a coastal development permit shall be made in accordance with the procedbres set forth in this section. record owner or owners of the property affected or the authorized agent 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 processing fee in an amount specified by City Council resolution. (c) Unless the property has previously been legally 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 Capter 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. that the application contain a description of the feasible alternatives to the development or mitigation measures which will be incorporated into the development to substantially lessen any significant effect on the environment which may be caused by the development. (a) An application for a permit may be made by the (e) The Director of Building and Planning may require 21.81.050 Duties of Director of Building and Planning. (a) After the application has been accepted as complete the Director of Building and Planning shall determine if the project is exempt from the requirements of this chapter pursuant to Section 21.81.030. The Director shall give notice of determination of exemption to all persons specified in Section 21.81.100. The cost of providing this notice shall be included in the fee paid by the applicant. The Director's decision may be appealed in writing to the Design Review Board within fifteen days after the date of the notice. all emergency permits. (b) The Director of Building and Planning shall issue 3. 4 d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) If the Director determines that the matter does not qualify for an exemption, or an administrative or emergency permit then the Director shall set the matter for public hearing before the Design Review Board. The coastal permit may be set for hearing concurrently with any other permit for the project. 21.81.060 Transmittal of Design Review Board. Unless the development is exempt or qualified for emergency permit, the Director shall transmit the application, together with a recommendation thereon, to the Design Review Board 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. 21.81.070 Design Review Board action. After a public hearing the Design Review Board may approve, conditionally approve or deny the application. No approval or conditional approval shall be given unless the Design Review Board finds that the development is consistent with the provisions of the local coastal program for the coastal zone. 21.81.080 Appeal of Carlsbad Design Review Board (a) The applicant or any other interested peEson may decision. appeal, from any action of the Design Review Board to the Housing and Redevelopment Commission. within ten days after the action of the Design Review Board from which the appeal is being taken. Upon the filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the Housing and Redevelopment Commission shall render its decision on the appeal. The decision of thhe Housing and Redevelopment Commission is final. Commission shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied. permit also requires other discretionary permits or approvals for which the Design Review Board is not given final approval authority then the Design Review Board action on the coastal development permit shall be deemed a recommendation to the Housing and Redevelopment Commission. at the time of filing the appeal. Any such appeal shall be filed with the City Clerk (b) The decision of the Housing and Redevelopment (c) If the Housing and Redevelopment Commission fails (d) If the development for which a coastal development (e) A fee set by City Council resolution shall be paid 21.81.090 Housing and Redevelopment Commission action. If the review of the coastal development is consolidated with 4. 5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other reviews pursuant to this code for which the Design Review Board does not have final approval authority, the Housing and Redevelopment Commission shall hold a pubic hearing on the coastal permit. At the public hearing, the Housing and Redevelopment Commission shall review the Design Review Board's decision, shall consider the matter and shall approve, conditionally approve or disapprove the permit. The decision of the Housing and Redevelopment Commission is final. 21.81.100 Public hearings. Whenever a public hearing 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. The list of persons requesting such notice shall be updated annually. 21.81.110 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 interested person pursuant to Public Resources Code Section 30603. Exhaustion of all local appeals must occur before an application may be appealed to the Commission. working days after the date of the final local action. (b) The appeal shall be filed not later than ten 21.81.120 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 operation of law, the Land Use Planning Manager shall provide notice of the action by first class mail to the Coastal 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 inclulde any conditions of approval and written findings and the procedures for appeal of the local action to the Coastal Commission. 21.81.130 Effective date of permit. The coastal development permit shall be valid upon the expiration of ten working days from the date of the final local action unless an appeal to the Coastal Commission has been filed or the notice of final local action does not comply with the requirements of Section 21.81.120. 21.81.140 Review of recorded documents. (a) All coastal development permits subject to conditions that require the recordation of deed restructions, offers to dedicate or agreements imposing restrictions on real property shall not be effective until completion of the following procedures: 5. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) The City Council shall review necessary, and accept the easement or land. revise if - (2) The City Clerk shall record the requisite (3) The City Clerk, upon recordation of the legal documents. documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as to which private association, public agency or City department shall be responsible for the operation and maintenance of the accessway or open space/conservation area, to the Executive Director of the Coastal Commission, (b) All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements shall be subject to review and approval by the Executive Director of the Coastal Commission. and prior to the issuance of the permit, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal docuemtns to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies ; (2) The Executive Director of the Coastal Commission shall have fifteen working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any; of the fifteen working day period if notification of inadequacy has not been received by the City within that time period; and revision to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director. (1) Upon completion of permit review by the City (3) The City may issue the permit upon expiration (4) If the Executive Director has recommended 21.81.150 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. (b) The following information shall be included in the request: be established; (1) (2) (3) (4) (5) required to deal w nature of the emergency; cause of the emergency, insofar as this can location of the emergency; the remedial, protective, or preventive work th the emergency; and the circumstances during the emergency that appeared to justify the cause(s) of action taken, including the probable consequences of failing to take action. 6. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) The Director shall verify the facts, including the existence and the nature of the emergency, insofar as time allows. emergency work, with the extent and type of notice determined on the basis of the nature of the emergency. reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, if the Director finds that: (1) An emergency exists that requires action more quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit. (2) Public comment on the proposed emergency action has been reviewed, if time allows; and (3) The work proposed would be consistent with the requirements of the certified land use plan. Design Review Board, 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 all 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. (d) The Director shall provide public notice of the (e) The Director may grant an emergency permit upon (f) The Director shall report, in writing, to the 21.81.160 Expiration of coastal permits. A coastal development permit shall expire on the latest expiration date applicable to any other permit or approval requi;ed 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. 21.81.170 Severability. If any section, subsection, 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 . 0.. 0.. 7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2: The City Council of the City of Carlsbad hereby finds and declares that this ordinance is an urgency ordinance necessary to protect the public health, safety and welfare and immediate effectiveness is necessary to allow for expeditious and effective processing of development proposals in the coastal zone and to protect the coastal zone and property. located in said zone and therefore this ordinance shall take effect immediately upon its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 6th day of March 1 1984 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 20th day of March , 1984, by the following vote, to wit: AYES : Council Members Casler, Lewis, Kulchin, and Chick NOES : None ABSENT: Council Member Prescott ATTEST: 8.