HomeMy WebLinkAbout2009-07-07; City Council; CS-039; Village Redevelopment Area Plan CMC 21.81...1 ORDINANCE NO. CS-039
2
AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD
4 MUNICIPAL CODE CHAPTER 21.81 (COASTAL DEVELOPMENT
PERMITS-VILLAGE DEVELOPMENT AREA) TO ADD/REMOVE
5 LANGUAGE FROM CHAPTER 21.81 THAT REFERS TO THE
CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN
6
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
7 AMENDMENTS
CASE NO:
8
The City Council, does ordain as follows:
, Q Section I: That Chapter 21.81 of the Carlsbad Municipal Code is amended to read as
11 follows:
12 Chapter 21.81 COASTAL DEVELOPMENT PERMITS-VILLAGE REVIEW
13 2°NE
21.81.010 Definitions.
14
21.81.020 Permit required.
15 21.81.030 Development exempt from coastal development permit procedures.
21.81.035 Repair and maintenance activities requiring a coastal development permit.
17 21.81.040 Application.
18 21.81.050 Duties of housing and redevelopment director-Exemptions-Emergency permits.
19 21.81.055 Administrative coastal development permits.
2Q 21.81.060 Transmittal to Planning Commission.
21.81.070 Planning commission action.21
21.81.080 Effective date of order-Appeal of Planning Commission decision.
22
21.81.090 City council action.
23 21.81.100 Public hearings.
21.81.110 Appeals to coastal commission.
25 21.81.115 Coastal development permits issued by the Coastal Commission.
26 21.81.120 Notice of final local action.
27 21.81.130 Effective date of permit.
00 21.81.140 Review of recorded documents.
1 21.81.150 Applications for emergency permits.
2 21.81.160 Expiration of coastal permits.
3 21.81.165 Amendment to coastal development permit.
4 21.81.010 Definitions.
(a) Coastal Zone. "Coastal zone" means that portion of the Carlsbad coastal zone
5 located within the area of the city described in the Carlsbad village master plan and
design manual and shown on the map entitled Carlsbad Village segment of Carlsbad
6 Coastal Zone dated December 19, 1983, and on file in the offices of Housing and
Redevelopment and City Clerk.
7 (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 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
11 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,
12 including any facility of private, public or municipal utility, and the removal or
harvesting of major vegetation other than for agricultural purposes, kelp harvesting,
13 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
14 (commencing with Section 4511). As used in this section, "structure" includes, but is
not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone
15 line, and electric power transmission and distribution line.
(d) Major Energy Facility. "Major energy facility" means any energy facility as defined
15 by Public Resources Code Section 30107 and exceeding one hundred thousand
dollars in estimated cost of construction.
17 (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. (Amended
during 2-04 supplement; Ord. NS-675 §§ 78 (part), 2003; Ord. NS-330 § 6 (part),
1995)
21.81.020 Permit required.
20 Unless a development is exempt from coastal development permit procedures
pursuant to Section 21.81.030, no development shall occur in the coastal zone
21 without a permit having first been issued according to the provisions of this chapter.
(Ord. NS-330 § 6 (part), 1995)
22 21.81.030 Development exempt from coastal development permit
23 procedures.
(a) Categorical Exclusions.
24 (1) A permit issued for a development which is categorically excluded from the
coastal development permit requirements pursuant to California Public Resources
25 Code Section 30610, shall be exempt from the requirement of this chapter.
(2) The city council may designate by resolution, after a public hearing, categories of
25 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
27 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
housing and redevelopment director and planning director shall keep a record of all
-2-
permits issued for categorically exempt projects as specified in subsection (a)(1) of
this section.
2 (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
3 development permit:
(1) Improvements to existing single-family residential building except:
4 (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;
5 (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, or in significant
scenic resources areas as designated by the commission or regional commission,
improvement that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten 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 ten
percent of an existing structure and/or any significant nonattached structure such as
" garages, fences, shoreline protective works or docks;
(C) Any significant alteration of land forms including removal or replacement of
10 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) of this section.
11 For the purposes of this section an existing single-family residential building shall
include all appurtenances and other accessory structures, including decks, directly
12 attached to the residence; accessory structures or improvements on the property
normally associated with residences, such as garages, swimming pools, fences,
13 storage sheds but not including guest houses or self-contained residential units;
landscaping on the lot.
14 (2) Improvements to existing structures other than a single-family residence or public
works facility except:
i c (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
1' of the sea where there is no beach, whichever is the greater distance, any
improvement that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten percent or less
where an improvement to the structure had previously been undertaken pursuant to
19 Public Resources Code Section 10610(a), or an increase in height by more than ten
percent of an existing structure and/or any significant non-attached structure such as
20 garages, fences, shoreline protective works or docks;
(C) Any improvement which changes the intensity of use of a structure; and
21 (D) 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
22 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-
26 up exclusion adopted by the Coastal Commission, September 5,1978, and as
modified from time to time. (Ord. NS-330 § 6 (part), 1995)
27 21.81.035 Repair and maintenance activities requiring a coastal
development permit.
-3-15
(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;
(B) The placement, whether temporary or permanent, of rip-rap, artificial 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;
(B) The placement of dredged spoils of any quantity within an environmentally
10 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;
11 or
(C) The removal, sale or disposal of dredged spoils of any quantity that would be
12 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
13 structures, coastal access or public recreational use.
(3) Any repair or maintenance to facilities or structures or work located in an
14 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
i c waters or streams that include:
(A) The placement or removal, whether temporary or permanent, of rip-rap, rocks,
1 , sand or other beach materials or any other forms of solid materials;
(B) The presence, whether temporary or permanent, of mechanized equipment or
construction materials. All repair and maintenance activities governed by the above
1' 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
18 administrative and emergency permits. The provisions of this section shall not be
applicable to those activities specifically described in the document entitled repair,
19 maintenance, and utility hook-ups, adopted by the Coastal Commission on
Septembers, 1978.
20 (b) Unless destroyed by natural disaster, the replacement of fifty percent or more of a
seawall,
21 revetment, bluff retaining wall, breakwater, groin, or similar protective work under one
ownership is not repair and maintenance under Section 30610(d) but instead
22 constitutes a replacement structure requiring a coastal development permit. (Ord. NS-
330 §6 (part), 1995)
23 21.81.040 Application.
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
25 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
26 processed in accordance with Section 21.54.010 of this code.
(b) At the time of filing the application the applicant shall pay a processing fee in an
27 amount specified by city council resolution.
(c) If signatures of persons other than the owners of property making the application
28 are required or offered in support of, or in opposition to, an application, they may be
-4.
1 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
2 case infringe upon the free exercise of the powers vested in the city as represented
by the planning commission and the city council.
3 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
4 appropriate fee or fees have been paid.
(d) Whenever the development would require a permit or approval under the
5 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. (Ord. NS-330 § 6 (part), 1995)
9 21.81.050 Duties of housing and redevelopment director-Exemptions
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
11 21.81.030. No permit shall be required for a project which is exempt from the
requirements of this chapter.
12 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,
13 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
14 exemption.
The director shall determine the exemption based on the certified local coastal
15 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 ten calendar days of the determination
that the application is complete. The written 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.
19 (Ord. NS-330 § 6 (part), 1995)
20 21.81.055 Administrative coastal development permits.
(a) The director may issue all coastal development permits related to administrative
21 village review 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
22 concurrently with the administrative village review permit. If the project includes
permits or other discretionary approvals outside the director's administrative permit
23 authority, the administrative permit aspects shall be consolidated with the other
matters and submitted to the planning commission in accordance with Section
24 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 ten 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 ten calendar days sufficient to receive and consider comments
2' submitted by mail prior to the date established for the decision.
(2) Recipients. The notice shall be sent by first class mail to:
28 (A) Any person requesting to be on the mailing list for the project or for coastal
-5-
decisions; and
(B) All property owners and residents within one hundred feet of the project perimeter;
2 and
(C) The Coastal Commission.
3 (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
4 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
5 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.
5 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
7 the decision or determination. The director shall give notice of the final local decision
in accordance with Section 21.81.120 of this code.
(e) The effective date of the director's decision and the method for appeal of such
decision shall be governed by Section 21.54.140 of this code. The director shall give
notice of final local decision on the appeal in accordance with Section 21.81.120.
" (f) If the project is within the appealable area of the coastal zone, the director shall
give notice of a public hearing to be held before the director to consider said
10 application in accordance with Section 21.81.100. The notice shall contain the
matters and be mailed at the time and in the manner required by 14 CCR Section
11 13565. The director shall conduct the public hearing generally in the same manner as
a public hearing before the planning commission.
12 Following the public hearing before the director, the director shall issue a written
notice of the decision in the same manner and to the same persons as for a non-
13 appealable area decision set forth in subsections (c) and (d) of this section. The
director's decision may be appealed in writing to the planning commission in the
14 same manner as for non-appealable area decision set forth in subsection (e) of this
section. The director shall give notice of the final local decision in accordance with
Section 21.81.120.
(g) If the project does not qualify for an exemption, an administrative permit or an
. fi emergency permit then the director shall set the matter for a public hearing before the
planning commission. The coastal permit may be set for hearing concurrently with
any other discretionary permit or approval for the project. (Ord. NS-675 § 66, 2003;
17 Ord. NS-330 § 6 (part), 1995)
1 g 21.81.060 Transmittal to planning commission.
Unless the development is exempt, qualifies for an emergency permit, or qualifies for
19 an administrative village review/coastal development permit, the director shall
transmit the application, together with a recommendation thereon, to the planning
20 commission 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
21 processes have been completed. An application for a coastal permit may be
considered in conjunction with any other discretionary permit or approval required for
22 the project. (Ord. NS-330 § 6 (part), 1995)
21.81.070 Planning commission action.
23 After a public hearing the planning commission may approve, conditionally approve or
deny the application, unless the application includes a major village review permit. If
the application includes a major village review permit, the commission's action shall
be a recommendation to the city council. No recommendation for approval, approval
or conditional approval shall be given unless the planning commission finds that the
development is consistent with the provisions of the local coastal program for the
26 coastal zone and, if applicable, in conformity with the public access and public
recreation policies of Chapter 3 of the California Coastal Act. (Ord. NS-330 § 6 (part),
27 1995)
28
-6-
21.81.080 Effective date of order-Appeal of planning commission
2 decision.
(a) The effective date of the planning commission's decision and the method for
3 appeal of such decision shall be governed by Section 21.54.150 of this code.
(b) The decision of the city council shall be consistent with the provisions of this
4 chapter and shall be supported by appropriate findings.
(c) If the development for which a coastal development permit also requires other
5 discretionary permits or approvals for which the planning commission is not given
final approval authority, then the planning commission action on the coastal
6 development permit shall be deemed a recommendation to the city council. (Ord. NS-
675 § 67, 2003: Ord. NS-506 § VIII, 1999; Ord. NS-330 § 6 (part), 1995)
21.81.090 City Council action.
8 If the application for the coastal development permit is for a major village
review/coastal development, is consolidated with other discretionary permits or
9 approvals, pursuant to this code for which the planning commission does not have
final approval authority, or is a timely appeal, the city council shall hold a public
10 hearing on the coastal development permit application. At the public hearing, the city
council shall consider the planning commission's action or recommendation, shall
11 consider the evidence presented at the public hearing, review the matter, and shall
approve, conditionally approve or disapprove the coastal development permit,
12 approval or appeal. No approval or conditional approval shall be given unless the city
council finds that the development is consistent with the provisions of the Carlsbad
, o 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 city14 council is final. (Ord. NS-330 § 6 (part), 1995)
15 21.81.100 Public hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be
16 given as provided in Sections 21.54.060(1) and 21.54.061 of this code. When the
hearing on a coastal development permit is consolidated with the hearing on a
17 tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of
this code. (Ord. NS-330 § 6 (part), 1995)
1 8 21.81.110 Appeals to coastal commission.
19 (a) The following developments, due to their type or location, are within the appeal
jurisdiction of the Coastal Commission. Only decisions approving a coastal
20 development permit for these developments are appealable to the Coastal
Commission, unless otherwise noted. Exhaustion of all local appeals must occur
2} 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
23 the mean high tide of the sea where there is no beach, whichever is the greater
distance.
24 (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
25 or stream.
(3) Any decision approving or denying a development which constitutes a major public
26 works project or a major energy facility.
(b) The appeal shall be filed at the local district office not later than twenty working
27 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
28 Coastal Commission has been resolved.
(c) Non-appealable Development. Decisions on applications for developments which
-7-
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
2 above are not appealable to the Coastal Commission with the exception of decisions
on major public works projects and major energy facilities. (Ord. NS-330 § 6 (part),
3 1995)
4 21.81.115 Coastal development permits issued by the Coastal
Commission.
5 The Coastal Commission shall have original jurisdiction for all coastal development
permits for development on tidelands, submerged lands and public trust lands,
6 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),
7 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. (Ord. NS-330 § 6 (part), 1995)
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
11 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
12 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
13 Commission, procedures for appeal of the local action to the Coastal Commission.
(Ord. NS-330 § 6 (part), 1995)
14 21.81.130 Effective date of permit.
15 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
16 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
17 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 21.81.120 and, further
provided, that an appeal of the decision has not been filed with the Coastal
Commission. (Ord. NS-330 § 6 (part), 1995)
21.81.140 Review of recorded documents.
20 (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
24 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
25 maintenance of the accessway or open space/conservation area, to the executive
director of the Coastal Commission.
26 (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
27 and approval by the executive director of the Coastal Commission.
(1) Upon completion of permit review by the city and prior to the issuance of the
28 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 (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
3 of recommended revisions if any;
(3) The city may issue the permit upon expiration of the fifteen working day period if
4 notification of inadequacy has not been received by the city within that time period;
and
5 (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
6 executive director. (Ord. NS-330 § 6 (part), 1995)
21.81.150 Applications for emergency permits.
(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
9 damage to life, health, property, or essential public services.
10 (b) The following information shall be included in the request:
11 (1) Nature of the emergency;
12 (2) Cause of the emergency, insofar as this can be established;
\ 3 (3) Location of the emergency;
14 (4) The remedial, protective or preventive work required to deal with the emergency;
and
(5) The circumstances during the emergency that appeared to justify the cause(s) of
action taken, including the probable consequences of failing to take action.16
(c) The director shall verify the facts, including the existence and the nature of the
emergency, insofar as time allows.
18 (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.
19
(e) The director may grant an emergency permit upon reasonable terms and
20 conditions, including an expiration date and the necessity for a regular permit
application later, if the director finds that:
21 (1) An emergency exists that requires action more quickly than permitted by the
22 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.
25
(f) The director shall report, in writing, to the planning commission, at its first
26 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
27 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
28 emergency permit is solely at the discretion of the director subject to the provisions of
-9-
this chapter.
2 (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
3 Commission for review and issuance. (Ord. NS-330 § 6 (part), 1995)
4 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 required for the project, including any extension granted
for other permits or approvals, but in no event shall this period exceed five years
6 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
7 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.
8
Not more than ninety or less than forty-five days prior to the expiration of a coastal
9 development permit the permittee may apply to the planning commission for an
extension of the permit. The application for an extension shall be processed pursuant
10 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 change of
11 circumstances in relation to coastal resources since the original granting of the
permit. If the planning commission finds that there has been a change of
1 ~ 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 planning commission may be appealed pursuant to the provisions of
Section 21.81.080. If a complete application for an extension has been timely filed,
the planning commission or the city council on appeal may grant the extension after
14 the expiration date provided that the final decision is made not later than forty-five
days after the expiration date. (Ord. NS-330 § 6 (part), 1995)
21.81.165 Amendment to coastal development permit.
16 An amendment to a coastal development permit issued by the city shall be processed
in the same manner as an original application for a coastal development permit. (Ord.
17 NS-330 §6 (part), 1995)
18
19
20
21
22
23
24
25
26
27
28
-10-
Section 2. This ordinance shall be effective upon approval by the Executive Director and/or
2 California Coastal Commission.
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 //
-11-
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
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 23rd day of June, 2009, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 7th day of July, 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RON/LD'R. BALL, CityA)forney
!\S, Mayor
ATTEST:
L0RRAINBM. M)OD, City Clerkf ^
(SEAL) ^
''l X -Ar ' V^'"".An^
CERTIFICATION OF POSTING AND PUBLICATION OF
ORDINANCE NOS. CS-037, CS-038, CS-039 AND CS-040
Section 36933 (c) of the Government Code provides that a summary of an
Ordinance may be published in lieu of the full text, providing the summary is
published and a certified copy of the full text is posted in the Office of the City
Clerk at least five days prior to the Council Meeting at which the Ordinance is
adopted.
Section 36933 (c) also requires that, within 15 days of the adoption of the
Ordinance, a summary be published, showing the vote for and against the
Ordinance, and a certified copy of the Ordinance be posted in the Office of the
City Clerk.
Therefore, in accordance with Section 36933 (c) of the Government
Code, I do hereby certify as follows:
1.) That the adoption of Ordinance Nos. CS-037, CS-038, CS-039
and CS-040 are to be considered at the City Council Meeting to
be held on the 7th day of July, 2009.
2.) That a certified copy of the full text of Ordinance Nos. CS-037, CS-
038, CS-039 and CS-040 were posted in the City Clerk's Office oh
the 1ST day of July, 2009.
3.) That a summary of the Ordinances was published in the North
County Times, on the 2nd day of July, 2009.
SHEILA R. COBIAN, Deputy City Clerk
Dated: July 2, 2009
(Seal)
Page 2
Certification of Posting and Publication of Ordinance Nos. CS-037, CS-0381 CS-
039 and CS-040
4.) That Ordinance Nos. CS-037, CS-038, CS-039 and CS-040
were adopted on the 7th day of July, 2009.
5.) That a certified copy of the full text of Ordinance Nos. CS-037
CS-038, CS-039 and CS-040, showing the names of those who
voted in favor and against the Ordinance was posted in the City
Clerk's Office on the 9th day of July, 2009.
6.) That a summary of the Ordinance, showing the names of those
who voted in favor of and against the Ordinance was published
in the Coast News, on the 17th day of July, 2009.
SHEILA R. COBIAN, Deputy City Clerk
Dated: July 17, 2009
I n/4,
(Seal)
'•••P ••<' 7.•
i> r. io
• 0\.‘ 44,611,