HomeMy WebLinkAbout1995-12-05; City Council; NS-330; CMC 2.24/.26/21.35/.41/.81 amends - Village MP & design manual...rp
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a e EXHIBIT 1
ORDINANCE NO. NS-330 EXHIBIT "C"
(Revised)
OCTOBER 4,1995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 2 AND TITLE 21,
CHAPTERS 2.24, 2.26, 21.35, 21.41 AND 21.81 OF THE CARLSBAD
MUNICIPAL CODE TO ENSURE CONSISTENCY WITH THE NEW
VILLAGE MASTER PLAN AND DESIGN MANUAL TO BE ADOPTED
BY THE CITY OF CARLSBAD.
CASE NAME: Village Master Plan and Design Manual
CASE NO: ZCA 95-1 O/MCA95-01
The City Council of the City of Carlsbad, California, does ordain as
follows:
Section 1: That Title 2, Chapter 2.24, Section 2.24.080 is amended to read
as follows:
"Whenever in Title 21 it is provided that an action or a decision on a
project or permit shall be taken or made by the planning Commission and
such permit or project is processed according to Chapter 21.35 and
consolidated in the redevelopment permit under Section 21.35.120, then the
Design Review Board shall be the Planning Commission with respect to such
project or permit."
Section 2: That Title 2, Chapter 2.26, Section 2.26.020 is amended to
read as follows:
"The Design Review Board shall consist of five members appointed by
the City Council, two (2) members of the Planning Commission; two (2)
representatives of the village redevelopment area - one Village property owner
and one Village business owner; and one (1) general member with experience
in one or more of the following areas: development, construction, real estate,
planning or architecture. All members of the Design Review Board must also
be residents of the City. The member shall be appointed by the Mayor and
confirmed by the City Council. The Community Development Director, the
Planning Director, the Housing and Redevelopment Director and the City
Attorney shall be ex officio members of the Board. No ex officio members shall
be entitled to vote."
"After the initial term, the members shall serve four-year terms; and each
member shall serve until their successor is duly appointed and qualified. The
initial members of the Board shall serve staggered terms as follows:
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1. One Planning Commission member shall serve for a period of two years;
2. One Representative of the Village Redevelopment Area shall serve for a
period of three years;
3. One Planning Commission member shall serve for a period of four
yeas;
4. Two Representatives of the Village Redevelopment Area shall serve for a
period of four years.
Members shall serve without compensation. Members of the Board may
be removed by the Mayor with the consent of the City Council.
Section 3: That Title 2, Chapter 2.26, Section 2.26.050 is amended to
read as follows:
"The Design Review Board shall be responsible for the administration of
and shall carry out the duties specified in chapter 21.35 of the Carlsbad
Municipal Code. The Design Review Board shall also act as the planning
Commission as provided in Section 2.24.080 of this code."
Section 4: That the existing Chapter 21.35 is hereby repealed and the
new Chapter 21.35 is hereby adopted to read as follows:
"Chapter 21.35
V-R VILMGE REDEVELOPMENT ZONE
Sections:
21.35.01 0
21.35.020
21.35.030
21.35.040
21.35.050
21.35.060
21.35.070
21.35.080
21.35.085
21.35.090
21.35.1 00
21.35.1 10
21.35.1 15
21 -35.1 17
21.35.1 20
21.35.1 30
21.35.1 40
21.35.1 50
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Intent and Purpose Incorporation of Redevelopment Plan and Village Master Plan and
Design Manual by reference.
Land affected by this chapter.
Permitted uses.
Provisional Uses.
General Regulations.
Redevelopment permit.
Redevelopment projects.
Permit application.
Director action
Design Review Soard action.
Appeal to Housing and Redevelopment Commission.
Housing and Redevelopment Commission action.
Notice of Public Hearings
Consolidation of other permit requirements.
Variances.
Compliance with other provisions of this code.
Amendments.
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I I1 21.35.01 0 Intent and purpose.
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The Village redevelopment zone is intended to establish land use classifications and
develop standards and procedures for that area of the city described in the Carlsbad
Village Area Redevelopment Plan, as adopted by City Council Ordinance No. 9591.
This zone adopts the land use classifications and development standards of the
Carlsbad Village Area Redevelopment Plan and of the Village Master Plan and Design
Manual adopted pursuant to the Redevelopment Plan as the zoning for the area
designated.
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21.35.020 incorporation of Redevelopment Plan and Village Master Plan and
Design Manual by reference.
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The Carlsbad Village Area Redevelopment Plan as adopted by Carlsbad City Council
Ordinance No. 9591 and the Village Master Plan and Design Manual as adopted by Carisbad Housing and Redevelopment Commission Resolution No. $$@$$ are hereby
adopted by reference and incorporated into this chapter.
21.35.030 Land affected by this chapter.
This chapter shall apply only to lands located within the boundaries of the Carlsbad
village area, the boundaries of which are described in the Carlsbad Village Area
Redevelopment Plan.
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Uses permitted as provisional uses by the Carlsbad Village Area Redevelopment Plan 18
21.35.050 Provisional uses. 17
Village Redevelopment Area shall be permitted.
and the Village Master Plan and Design Manual shall be permitted upon issuance of a 19 redevelopment permit approved according to this chapter.
2o 21.35.060 General regulations.
21 Subject to the provisions of Section 21.35.130 and except as otherwise provided by
22 the Carlsbad village Redevelopment Plan or the Village Master Plan and Design
23 zoning classifications shall apply to property and uses in this zone.
24 21.35.070 Redevelopment permit.
25 Unless otherwise determined to be an exempt project pursuant to Section 21.35.080,
26 redevelopment permit.
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21.35.040 Permitted uses.
Only those uses specified in the Carlsbad Village Area Redevelopment Plan and the
Village Master Plan and Design Manual as permitted uses for particular property in the
Manual, the regulations of this title which apply to uses generally or generally to all
no development shall occur in the area subject to this chapter without a
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21.35.080 Redevelopment projects,
(a) Exempt project. No redevelopment permit shall be required for an exempt
project. An exempt project is one which is exempt from the requirement to obtain a
coastal development permit in accordance with section 21.81.030; and requires no
other discretionary approvals, except an administrative variance within the authority of
either the Director of Planning or the Housing and Redevelopment Director.
There are three types of redevelopment permits required for non-exempt projects. One
permit for each type of redevelopment project described as follows:
(b) Administrative Redevelopment Project. An administrative redevelopment project
is one which involves development with an estimated permit value of less than
$60,000, and requires no other discretionary approvals, except an administrative
variance within the authority of either the Director of planning or the Director,
including, but not limited to:
(1) New construction of building(s) or addition(s) to the building footprint; and/or
(2) Interior or Exterior Improvements to existing structures which result in an
intensity of use; and/or
(3) Provisional Land Uses, where a minor or major redevelopment permit is not
required; and/or
(4) Changes in permitted land uses which result in site changes, increased ADT,
increased parking requirements, or result in compatibility issues/problems; and/or
(5) Signs for existing businesses or facilities; and/or
(6) Repair or Maintenance Activities which are not exempt projects ...
(c) Minor Redevelopment Project. A minor redevelopment project is one which
does not qualify as an Administrative Redevelopment Project and involves
development with an estimated permit value of $60,000 or more but less than
$1 50,000.
(d) Major Redevelopment Project. A major redevelopment project is one which
involves development with an estimated permit value of $150,000 or more.
21.35.085 Permit Application
(a) An application for a redevelopment permit for a non-exempt project as defined
in Section 21.35.080 may be made by the record owner or owners of the property, or
the authorized agent or agents for the property, on which the development is
proposed. The application shall be filed with the Director upon forms provided by the
Director, and shall be processed in accordance with the provisions of Section
21 54.010 of this code.
(b) If signatures of persons other than the owners of property making the
application are required or offered in support of, or in opposition to, an application,
they may be received as evidence of notice having been served upon them of the
pending application, or as evidence of their opinion on the pending issue, but they
shall in no case infringe upon the free exercise of the powers vested in the city as
represented by the Design Review Board and the Housing and Redevelopment
Commission.
(c) The application shall be accompanied by a fee in the amount established by
City Council resolution. No application shall be accepted or deemed accepted until the
appropriate fee or fees have been paid.
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21 -35.090 Housing and Redevelopment Director action.
(a) After the application has been accepted as complete the Director shall
determine if the project is exempt from the requirements of this chapter pursuant to
Section 21.35.080. No permit shall be required for a project which is exempt from the
requirements of this chapter.
The Director shall determine the exemption based on the certified Local
Coastal Program, including maps, categorical exclusions and other exemptions, land
use designations, zoning ordinances and the Village Master Plan and Design Manual.
In granting an exemption, the Director may impose such conditions as are necessary
to protect the public health, safety and welfare.
The Director shall inform the applicant whether the project is exempt within 10
calendar days of the determination that the application is complete. The decision of
the Director on all exempt determinations is final, (subject to the potential dispute
resolution process as provided in section 21.81.050).
exempt from the requirements of this chapter. The records shall include the applicant’s
name, an indication that the project is located in the village area, the location of the
project, and a brief description of the project. The record shall also include the reason
for exemption.
(b) The Director may approve, conditionally approve or deny administrative
redevelopment permits as defined in Section 21.35.080, subject to appeal to the
Design Review Board.
(c) After all necessary reports and recommendations have been received the
Director shall transmit the application for a minor or major redevelopment permit
together with the reports and the recommendations of the appropriate departments to
the Design Review Board for a public hearing.
(d) The Director shall transmit to the Design Review Board all timely appeals on
administrative permits and administrative variances.
(e) The Director may grant, conditionally grant or deny applications for the types of
administrative variances set forth in Section 21 -51.020 of this code and in accordance
with the procedures provided in Chapter 21 51 of this code, except that the Director
and the Design Review Board shall serve as the appropriate approving bodies for
projects within the Village Redevelopment Area. If the project includes other
discretionary approvals outside the Director’s authority, the Director shall set the
consolidated project for public hearing by the Design Review Board.
(f) The Director’s decision or determination shall be made in writing. The date of
the decision shall be the date the writing containing the decision or determination is
mailed or otherwise delivered to the person or persons affected by the decision or
determination.
The Director shall maintain a record of all determinations made on projects
21.35.1 00 Design Review Board action.
(a) The Design Review Board shall hold a public hearing on:
permits as defined in Section 21.35.080 or administrative variances.
(1) appeals of decisions made by the Director on administrative redevelopment
(2) minor or major redevelopment permits and
(3) non-administrative variances for which the Board has final decision making
authority pursuant to Section 21.35.1 30(b).. ....
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(b) The decision of the Board shall be made in writing. The date of the decision
shall be the date the writing containing the decision or determination is mailed or
otherwise delivered to the person or persons affected by the decision or
determination.
(c) Except for reports and recommendations on Major Redevelopment Permits and
decisions on appeals of Director decisions, all Board decisions may be appealed to
the Housing and Redevelopment Commission.
(d) For major redevelopment projects, the Board shall consider the evidence and
by resolution report and recommend to the Housing and Redevelopment Commission
approval, conditional approval, or denial of the project. Such resolution shall state,
among other things, the facts and reasons why the Board determined the approval,
conditional approval or denial to be consistent with this chapter. The action to
approve, conditionally approve or deny is advisory to the Commission and the City
Clerk shall set the matters to public hearing before the Commission within thirty days
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21.35.1 10 Appeal to Housing and Redevelopment Commission
Except as provided in Section 21.35.100(c), the action of the Design Review Board is
final and effective ten calendar days after the adoption of the resolution of decision
unless an interested person appeals a Design Review Board decision on a minor
project or non-administrative variance or by filing a written appeal with the City Clerk
within such ten-day period.
An individual member of the Housing and Redevelopment Commission can be an
interested person for the purposes of appeal. The written appeal shall specifically state
the reason or reasons for the appeal and the manner in which the decision of the
Design Review Board is in error. The decision of the Design Review Board shall be
affirmed by the Housing and Redevelopment Commission unless the appellant shows
by a preponderance of the evidence that the decision of the Design Review Board is in
error, inconsistent with state law, the Carlsbad Village Redevelopment Plan, the
General Plan or any applicable specific plan, master plan, zoning ordinance or policy
of the City or Housing and Redevelopment Commission. The filing of an appeal shall
stay the effective date of the Design Review Board decision until such time as the
Housing and Redevelopment Commission has acted on the appeal.
Fees for filing an appeal under this section shall be established by resolution of the
City Council.
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22 The Housing and Redevelopment Commission shall hold a public hearing on:
23 report and recommendation with the City Clerk; or
24 which has been timely appealed.
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Notice of any public hearing required by this Chapter shall be given as provided in 26
21.35.1 17 Notice of Public Hearings
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21.35.1 15 Housing and Redevelopment Commission action.
(a) any major redevelopment permit for which the Design Review Board has filed a
(b) any other matter made appealable to the Commission by this Chapter and
Section 21.54.060(1) of this code.
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1 ll 21.35.120 Consolidation of other permits and discretionary approvals;
Findings requirements.
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(a) Whenever a project would require a permit or approval under the provisions of
this title, notwithstanding this chapter, the redevelopment permit shall be deemed to
satisfy the requirements for such permit or approval; provided, however, that in
considering the redevelopment permit for said project the Director, Design Review
Board and the Housing and Redevelopment Commission shall apply the provisions of
this chapter and the provisions of this title otherwise applicable to such other permit o
approval for the project.
(b) Whenever a project consists only of exemption determinations and/or
administrative permits or administrative variances within the authority of either the
Director of planning or the Director, they shall be consolidated and considered by the
Director, subject to appeal to the Design Review Board with regard to determinations
other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the
Director’s administrative permit or administrative variance authority, the administrative
permit and/or administrative variance aspects shall be consolidated with the other
matters and submitted to the Design Review Board.
(d) No variance, determination of exemption or administrative, minor or major
redevelopment permit shall be granted unless the decisionmaker finds, in addition to
any other findings otherwise required for the project, that the project as approved, or
conditionally approved is consistent with this code, the general plan, the Carlsbad
Village Area Redevelopment Plan and the Village Master Plan and Design Manual.
l4 11 21.35.130 Variances.
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(a) The Housing and Redevelopment Commission may grant variances from the
limits, restrictions and controls established by this chapter for major redevelopment
permits if the Commission finds that:
(1) The application of certain provisions of this chapter will result in practical
difficutties or unnecessary hardships which would make development inconsistent witt
the general purpose and intent of the Carlsbad Village Area Redevelopment Plan;
(2) There are exceptional circumstances or conditions unique to the property or
the proposed development which do not generally apply to other properties or
developments which have the same standards, restrictions and controls;
(3) The granting of a variance will not be injurious or materially detrimental to the
public welfare, other properties or improvements in the project area; and
(4) The granting of an variance will not contradict the standards established in the
Village Master Plan and Design Manual. An application for exemption shall be
processed in the same manner established by this chapter for a redevelopment
permit. In granting a variance, the Housing and Redevelopment Commission may
impose such conditions as are necessary to protect the p,ublic health, safety and
welfare.
(b) The Design Review Board may grant variances from the limits, restrictions and
controls established by this chapter for minor redevelopment projects (or otherwise
administrative projects consolidated or on appeal from a Director decision), if the
Board makes the variance findings set forth above.
(c) The Director may grant administrative variances in accordance with Section
21.35.090(e), if the Director makes the findings set forth above.
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1 ii 21.35.140 Compliance with other provisions of the code.
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Projects developed pursuant to this chapter shall be subject to the provisions of the
Carlsbad Village Area Redevelopment Plan and the Village Master Plan and Design
Manual and all other applicable provisions of the Carlsbad Municipal Code, including
but not limited to those provisions of Titles 18, 19 and 20.
21.35.1 50 Amendments.
Amendments to the Carlsbad Village Area Redevelopment Plan or the Village Master
Plan and Design Manual shall be deemed to be amendments to this chapter;
provided, however, that such amendments are processed and noticed in a manner
which meets the requirements of Chapter 21 -52 of this code. Amendment of the
Village Master Plan and Design Manual by Housing and Redevelopment Commission
resolution shall be deemed to satisfy the requirements of Chapter 21 52 of this code,
provided all other requirements are met."
I Section 5: That Ttle 21 , Chapter 21.41, Section 21.41 .OlO(a) is amended to
read as follows:
"(a) The provisions of this chapter shall apply generally to all zones
established by this title, except as provided in Chapter 5 of the Village Master Pian and
Design Manual for the Village Redevelopment Zone.'
Section 6: That the existing Chapter 21.81 is hereby repealed and the new l4 Chapter 21.81 is hereby adopted to read as follows:
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"Chapter 21.81
Village Redevelopment Area
Sections:
21.81.01 0 Definitions
21.81.020 Permit required.
21.81.030 Development exempt from coastal development permit procedures.
21.81.035 Repair and maintenance activities requiring coastal development
21.81.040 Application.
21.81.050 Duties of Housing and Redevelopment Director; exemptions;
21.81 '055 Administrative Coastal Development Permits.
21.81.060 Transmittal to Design Review Board.
21.81.070 Design Review Board action.
21.81.080 Appeal of Carlsbad Design Review Board decision.
21.81.090 Housing and Redevelopment Commission action.
21.81.1 00 Public hearings.
21.81.1 10 Appeals to Coastal Commission.
21.81 .I 15 Coastal development permits issued by Coastal Commission.
21.81.120 Notice of final local action.
COASTAL DEVELOPMENT PERMITS -
permit.
emergency permits..
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21.81.1 30 Effective date of permit.
21.81.1 40 Review of recorded documents.
21.81.1 50 Applications for emergency permits.
21.81.1 60 Expiration of coastal permits.
21.81.1 65 Amendment to coastal development permit.
21.81.1 70 Severability.
21.81.01 0 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.
(b) Coastal Commission. "Coastal Commission" means the California Coastal
Commission.
(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 waster; 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 Zberg-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 facilw means any energy facility as
defined by Public Resources Code Section 30107 and exceeding one hundred
thousand dollars 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 Code of Regulations Section 13012 and
exceeding one hundred thousand dollars in estimated cost of construction.
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21.81.020 Permit required.
21.81.030 Development exempt from coastal development permit procedures, 24
a permit having first been issued according to the provisions of this chapter.
pursuant to Section 21.81.030, no development shall occur in the coastal zone without 23
Unless a development is exempt from coastal development permit procedures
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Code Section 30610, shall be exempt from the requirement of this chapter. 27 coastal development permit requirements pursuant to California Public Resources
(1) A permit issued for a development which is categorically excluded from the 26 (a) Categorical Exclusions.
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(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 for categorically exempt
projects as specified in subsection (a)(l) of this section.
(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:
(A) On a beach, wetland or seaward of the mean high tide line where the
residence or proposed improvement would encroach within fifty feet of the edge of a
coastal bluff.
(8) 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, or in significant scenic
resources areas as designated by the Commission or regional Commission,
improvement that would result in an increase of 10 percent or more of internal floor
area of an existing structure or an additional improvement of 10 percent or less where
an improvement to the structure had previously been undertaken pursuant to Public
Resources Code Section 10610 (a), or an increase in height by more than 10 percent
of an existing structure and/or any significant non-attached structure such as garages,
fences, shoreline protective works or docks.
(C) Any significant alteration of land forms including removal or replacement of
vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a
coastal bluff except as provided in subsection (b)(3).
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, storage sheds but not including guest houses or self-contained residential
units; landscaping on the lot.
(2) Improvements to existing structures other than a single-family residence or
public works facility except:
(A) On a beach, wetland, stream or lake; seaward of the mean high tide line;
where the structure or improvement would encroach within fifty feet of the edge of the
coastal bluff.
(B) On property located between the sea and the first public road paralleling the
sea or within three hundred 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 that would result in an increase of 10 percent or more of internal floor
area of an existing structure or an additional improvement of 10 percent or less where
an improvement to the structure had previously been undertaken pursuant to Public
Resources Code Section 1061 0 (a), or an increase in height by more than 10 percent
of an existing structure and/or any significant non-attached structure such as garages,
fences, shoreline protective works or docks.
(C) Any improvement which changes the intensity of use of a structure; and
For the purposes of this section an existing single-family residential building
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(0) Any significant alteration of land forms including removal or placement of
vegetation on a beach, wetland, or sand dune, or within one hundred feet of the edge
of a coastal bluff or stream except as provided in subsection (b)(3) of this section.
(3) The following improvements are exempt from the requirements of a coastal
permit regardless of location:
(A) Landscaping on the lot unless the landscaping could result in erosion or
damage to sensitive habitat 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;
(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.
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:
(1) Any method of repair or maintenance of a seawall, revetment, bluff retaining
wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
(A) Repair or maintenance involving substantial alteration of the foundation of the
protective work including pilings and other surface or subsurface structures;
(6) The placement, whether temporary or permanent, of rip-rap, aftificial berms of
sand or other beach 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;
(C) The replacement of twenty percent or more of the materials of an existing
structure with materials of a different kind; or
(D) The presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sandy area or bluff or within twenty feet of
coastal waters or streams.
(2) Any method of routine maintenance dredging that involves:
(A) The dredging of one hundred thousand cubic yards or more within a twelve-
month period;
(6) The placement of dredged spoils of any quantity within an environmentally
sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff
or environmentally sensitive area, or within twenty 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 fifty feet of the edge of a
coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal
waters or streams that include:
(A) The placement or removal, whether temporary or permanent, of rip-rap, rocks,
sand or other beach materials or any other forms of solid materials;
(6) The presence, whether temporary or permanent, of mechanized equipment or
construction materials. All repair and maintenance activities governed by the above
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provisions shall be subject to the permit regulations promulgated pursuant to the
California Coastal Act o 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 Hook-ups, adopted by the Coastal Commission on
September 5, 1978.
(b) Unless destroyed by natural disaster, the replacement of fifty percent or more
of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar protective
work under one ownership is not repair and maintenance under Section 3061O(d) but
instead constitutes a replacement structure requiring a coastal development permit,
7 11 21.81.040 Application.
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Application 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 agent of the owner or owners. The application shall
be filed with the Director upon forms provided by the Director and shall be processed
in accordance with Section 21 54.01 0 of this Code.
(b) At the time of filing the application the applicant shall pay a processing fee in
an amount specified by City Council resolution.
(c) If signatures of persons other than the owners of property making the
application are required or offered in support of, or in opposition to, an application,
they may be received as evidence of notice having been served upon them of the
pending application, or as evidence of their opinion on the pending issue, but they
shall in no case infringe upon the free exercise of the powers vested in the city as
represented by the Design Review Board and the Housing and Redevelopment
Commission.
City Council resolution. No application shall be accepted or deemed accepted until the
appropriate fee or fees have been paid.
(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 may require 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.
21.81.050 Duties of Housing and Redevelopment Director; exemptions;
The application shall be accompanied by a fee in the amount established by
emergency permits.
(a) After the application has been accepted as complete the Director shall
determine if the project is exempt from the requirements of 'this chapter pursuant to
Section 21.81.030. No permit shall be required for a project which is exempt from the
requirements of this chapter.
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The Director shall maintain a record of all determinations made on projects
exempt from the requirements of this chapter. 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. The record shall also include the reason
for exemption.
The Director shall determine the exemption based on the certified Local
Coastal Program, including maps, categorical exclusions and other exemptions, land
use designations and zoning ordinances.
The Director shall inform the applicant whether the project is exempt (and
whether in the "appealable area", if not exempt) within 10 calendar days of the
determination that the application is complete. The wriien notice to the applicant shall
include advice that, if dissatisfied with the determination, the applicant (or Director) can
request the opinion of the Coastal Commission's Executive Director in accordance with
14 Code of California Regulations section 13569.
{b) The Director may issue emergency permits in accordance with section
21.81.150.
lo II 21.81.055 Administrative Coastal Development Permits
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(a) The Director may issue all coastal development permits related to
administrative redevelopment permits and administrative variances as defined in
Sections 21.35.070 and 21.35.090(e)of this Code. The coastal development permit
shall be processed concurrently with the administrative redevelopment permit. If the
project includes permits or other discretionary approvals outside the Director's
administrative permit authority, the administrative permit aspects shall be consolidated
with the other matters and submitted to the Design Review Board in accordance with
section 21.81.060.
(b) If the project is in the non-appealable area of the coastal zone, the Director
shall give notice of pending development approval in writing, within 10 calendar days
after the application is complete, as follows:
(1) Contents. The notice shall include all the matters required by 14 Code of
California Regulations Section 13568 (b), including statement of a public comment
period of at least 10 calendar days sufficient to receive and consider comments
Submitted by mail prior to the date established for the decision.
(2) Recipients. The notice shall be sent by first class mail to:
(A) Any person requesting to be on the mailing list for the project or for
(8) All property owners and residents within 100 feet of the project
(C) the Coastal Commission.
coastal decisions; and
perimeter; and
{c) The Director may approve, approve with conditions, or deny the permit. The
decision shall be based upon the requirements of, and shall include specific factual
findings supporting whether the project is or is not in conformity with, the certified
Local Coastal Program (and, if applicable, with the public access and recreation
policies of Chapter 3 of the Coastal Act ).
(d) The Director's decision shall be the final local action and shall be made in
writing. The date of the decision shall be the date the writing containing the decision
or determination is mailed or otherwise delivered to the person or persons affected by
the decision or determination. The Director shall give notice of the final local decision
in accordance with Section 21 -81.1 20 of this code.
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(e) The Director’s decision is final unless the decision is appealed by an interested
person to the Design Review Board. An individual member of the Housing and
Redevelopment Commission can be an interested person. The wriien appeal shall
specifically state the reason or reasons for the appeal and the manner in which the
decision of the Director is in error. The decision of the Director shalt be affirmed by
the Design Review Board unless the appellant shows by a preponderance of the
evidence that the decision of the Director is in error, inconsistent with state law, the
General Plan or the Redevelopment Area plan, Village Master Plan and Design
Manual, this zoning ordinance or any policy of the Housing and Redevelopment
Commission or the City. The appeal shall be filed in wriiing with the secretary of the
Design Review Board within ten calendar days after the date of the Director’s decision.
The decision by the Design Review Board on all appeals of the Director’s decision
shall be final. The Director shall give notice of final local decision on the appeal in
accordance with section 21.81.1 20.
’( f) if the project is within the appealable area of the coastal zone, the Director
snall give notice of a public hearing to be held before the Director to consider said
application in accordance with section 21.81 .loo. The notice shall contain the matters
and be mailed at the time and in the manner required by 14 CCR section 13565. The
Director shall conduct the public hearing generally in the same manner as a public
hearing before the Design Review Board.
wriien notice of the decision in the same manner and to the same persons as for a
non-appealable area decision set forth in subsections (c) and (d), above. The
Director’s decision may be appealed in wriiing to the Design Review Board in the
same manner as for non-appealable area decision set forth in subsection (e) above.
The Director shall give notice of the final local decision in accordance with 21.81.1 20.
(g) If the project does not qualify for an exemption, an administrative jierm# or an
emergency permit then the Director shall set the matter for a public hearing before the
Design Review Board. The coastal permit may be set for hearing concurrently with any
other discretionary permit or approval for the project.
21.81.060 Transmittal to Design Review Board.
Unless the development is exempt, qualifies for an emergency permit, or qualifies for
an administrative redevelopment/coastaI development permit, the Director shall
transmit the application, together with a recommendation thereon, to the Design
Review Board and give notice for public hearing thereon in accordance with sections
21.54.060(1), 21 54.061, and, if applicable, 21 54.070 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 or approval required for
the project.
Following the public hearing before the Director, the Director shall issue a
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After a public hearing the Design Review Board may approve, conditionally approve or
deny the application, unless the application includes a Major Redevelopment Permit. If
the application includes a Major Redevelopment Permit, the Board's action shall be a
recommendation to the Housing and Redevelopment Commission. No
recommendation for approval, 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 and, if applicable, in conformrty with
the public access and public recreation policies of Chapter 3 of the California Coastal
Act,
21.81.080 Appeal of Carlsbad Design Review Board decision.
(a) The action of the Design Review Board is final and effective ten calendar days
after the adoption of the resolution of decision unless the applicant or any other
interested person files a written appeal within that time with the Secretary to the
Housing and Redevelopment Commission. An individual member of the Housing and
Redevelopment Commission can be an interested person. The written appeal shall
specifically state the reason or reasons for the appeal and the manner in which the
decision of the Design Review Board is in error. The decision of the Design Review
Board shall be affirmed by the Housing and Redevelopment Commission unless the
appellant shows by a preponderance of the evidence that the decision of the Design
Review Board is in error, inconsistent with state law, the Village Redevelopment Area
Local Coastal Program, the General Plan or any applicable specific plan, master plan,
zoning ordinance or policy of the City.
for public hearing. Such hearing shall be held within thirty days after the date of filing
the appeal. Within ten calendar days following the conclusion of the hearing, the
Housing and Redevelopment Commission shall render its decision on the appeal. The
decision of the Housing and Redevelopment Commission is final.
(b) The decision of the Housing and Redevelopment Commission shall be
consistent with the provisions of this chapter and shall be supported by appropriate
findings.
(c) If the development for which a coastal development 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.
Upon the filing of an appeal, the City Clerk shall set the matter
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21.81.090 Housing and Redevelopment Commission action.
If the application for the coastal development permit is for a Major
Redevelopment/CoastaI Development, is consolidated with other discretionary permits
or approvals, pursuant to this code for which the Design Review Board does not have
final approval authority, or is a timely appeal, the Housing and Redevelopment
Commission shall hold a public hearing on the coastal development permit
application. At the public hearing, the Housing and Redevelopment Commission shall
consider the Design Review Board's action or recommendation, shall consider the
evidence presented at the public hearing, review the matter, and shall approve, i 28
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conditionally approve or disapprove the coastal development permit, approval or
appeal. 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 Master
Plan and Design Manual as certified by the Coastal Commission and which constitute
the local coastal program, and, if applicable, with the public access and recreation
policies of Chapter 3 of the Coastal Act. The decision of the Housing and
Redevelopment Commission is final.
21.81.1 00 Public hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be 7 given as provided in Sections 21.54.060(1) and 21 .%.061 of this code. When the
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tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of 8 hearing on a coastal development permit is consolidated with the hearing on a
10 21.81.1 10 Appeals to Coastal Commission
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(a) The following developments, due to their type or location, are within the appeal
jurisdiction of the Coastal Commission. Only decisions approving a coastal
development permit for these developments are appealable to the Coastal
Commission, unless otherwise noted. Exhaustion of all local appeals must occur
before an application may be appealed to the Commission. Areas subject to appeal
jurisdiction are shown on the Post LCP Certification Map which is on file in the
planning department.
(1) Developments on property located between the sea and the first public road
paralleling the sea or within three hundred 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 three hundred feet of the top of the
seaward face of any coastal bluff, or within one hundred 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.
(b) The appeal shall be filed at the local district office not later than twenty working
days after the date of the receipt of the noticed final local action by that district office.
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 are not appealable to the Coastal
Commission. Decisions denying any Coastal Act permit for an appealable
development described above are not appealable to the Coastal Commission with the
exception of decisions on major public works projects and major energy facilities.
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whether filled or unfilled. Such lands are specified as the area of "original jurisdiction" Z7 permits for development on tidelands, submerged lands and public trust lands,
The Coastal Commission shall have original jurisdiction for all coastal development 26
21.81.1 15 Coastal development permits issued by the Coastal Commission.
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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 discretionary approvals required
by this code prior to filing an application with the Coastal Commission for said coastal
development permit.
21.81.120 Notice of final local action.
Within seven working days of a final local action on an application for any coastal
development, or any approval which occurs by operation of law, the Director 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 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.
21.81.130 Effective date of permit.
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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 twenty working days from
the date of receipt at the local district office of the notice of final local action provided
that the notice complies with the requirements of Section 21.81.1 20 and, further
provided, that an appeal of the decision has not been filed with the Coastal
Commission.
21.81 .I 40 Review of recorded documents.
(a) 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 not be effective until completion of the following procedures:
(1) The City Council shall review, revise if necessary, and accept the easement or
land.
(2) The City Clerk shall record the requisite legal documents.
(3) The City Clerk, upon recordation of the 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 spacelconservation 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. .... .... .... ....
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(1) Upon completion of permit review by the city 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 documents 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;
(3) The city may issue the permit upon expiration of the fifteen working day period
if notification of inadequacy has not been received by the city within that time period;
and
(4) If the Executive Director has recommended revision to the applicant, the permit
shall not be issued until the deficiencies have been resolved to the satisfaction of the
Executive Director.
9 'I 21.81.1 50 Applications for emergency permits.
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(a) Applications in case of emergency shall be made by letter to the Director 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:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(4) The remedial, protective, or preventive work required to deal with the
emergency; and
(5) The circumstances during the emergency that appeared to just'w the cause(s)
of action taken, including the probable consequences of failing to take action.
(c) The Director shall veri the facts, including the existence and the nature of the
emergency, insofar as time allows.
(d) The Director shall provide public notice of the emergency work, with the extent
and type of notice determined on the basis of the nature of the emergency.
(e) The Director may grant an emergency permit upon 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 thirty 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. (9 The Director shall report, in writing, to the 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 chapter.
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21.81.1 60 Expiration of coastal permits. 3
Commission. for review and issuance.
original jurisdiction as defined in Section 21 -81.1 15 shall be referred to the Coastal
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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, but in no event shall this period exceed five (5) years
without extension of time, if a building permit has not been issued for the project.
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 a building permit has not been issued for the project during that time.
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 .lo0 and 21.81.1 10 of this
chapter. An extension shall be approved only if it is found that there has been no
change of circumstances in relation to coastal resources since the original granting of
the permit. If the Design Review Board finds that there has been a change of
circumstances in relation to coastal resources since the original granting of the permit
the application for the extension shall be denied or conditionally approved. 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 forty-five days after the expiration date.
Not more than ninety or less than forty-five days prior to the expiration of a
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in the same manner as an original application for a coastal development permit.
An amendment to a coastal development permit issued by the city shall be processed 17
21.81.1 65 Amendment to coastal development permit.
11 21.81.1 70 Severability. 19
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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 chapter or any
part thereof. The City Council 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."
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Section 7: Re-enactment and Continuation.
Sections 4 and 6 of this Ordinance repeal and re-enact Chapters 21.35 and 21 -81,
respectively. Ordinance repeal shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding pending at the
time of the repeal for an offense committed under the ordinance repealed. It is the City
Council’s intention by such re-enactment that there be no break in continuous
operation of the old ordinance, and no break in the legal consequences under the old
ordinance.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certrfy to the adoption of this ordinance and cause it
to be published at least once in a local newspaper of general circulation within fifteen
days after its adoption. For area within the Coastal Zone segment of the Village
Redevelopment Area, this ordinance shall not become effective until approved by the
California Coastal Commission.
OPERATIVE DATE: Section 2 of this Ordinance shall not become operative
until the current terms of the Design Review Board members expire. Upon expiration
of the current terms, the initial terms set forth within Section 2.26.020 of the Carlsbad
Municipal Code shall become operative. The Mayor with the confirmation of the Crty
Council shall appoint the members and designate the initial terms according to the
staggered term schedule set forth in Section 2.26.020 of the Code.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 5th day of DEC. , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 12 %ay of D~~ - , 1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finilla.
NOES: None
ABSENT: ABSTAIN: Council Member Hall.
s to form and legality
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Ronald R. Ball, City Attorney /l., 3 . 9f.
ATTEST: . +%&=. etha L City Clerk
Karen X. Kund , Assistant City Clerk
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