HomeMy WebLinkAbout1986-02-25; City Council; 9797; CMC 21.81 amend - Village redevelopment LCP conditional certification.,
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ORDINANCE NO. 9797
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.
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:
1121.81.030 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 Planning Director shall keep a record of all permits issued
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for categorically exempt projects as specified in paragraph
this subsection. of
b. Exempt projects. In addition to those projects
categorically excluded pursuant to subsection (a), the following projects are exempt from the requirements of a coastal development permit:
1. Improvements to existing single family residential building except:
would encroach within 50 feet of the edge 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 nonattached
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 existing structures other than a
(A) where the structure or improvement would
(B) on property located between the sea and the
single family residence or public works facility except:
encroach within 50 feet of the edge of the 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 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
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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 more;
(C) any improvement which changes the intensity of use of a structure: and
(D) any significant 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 resulting 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 modified
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 coastal development permit, a. The following repair and maintenance activities
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 28 percent or more 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 materials
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 more 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 Sect ion 306 10 (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 pursuant 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
Depart men t .
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
f aci 1 it ies .
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 have original jurisdiction 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 Section 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."
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
to read as follows:
f Sectio 21 -81 . 130
t121.81.130 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."
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:
"(g) 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 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
Amendment to coastal development permits.
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 18th day of February I
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 25th day of February , 1986 by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES : None
ABSENT : None
ATTEST :
, City Clerk