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HomeMy WebLinkAbout2013-04-30; City Council; CS-212; Nonconforming Buildings Uses Ordinance Suggested Modifications...EXHIBIT 1 1 ORDINANCE NO. CS-212 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A ZONE CODE 3 AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT TO MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER 4 21.48 (NONCONFORMING BUILDINGS AND USES), AND THEREBY ACCEPTING AND ADMINISTERING THE 5 CALIFORNIA COASTAL COMMISSION'S SUGGESTED MODIFICATIONS TO LCPA 09-01. 6 CASE NAME: NONCONFORMING BUILDINGS AND USES ORDINANCE SUGGESTED MODIFICATIONS 7 CASE NO.: ZCA 09-01 (AVLCPA 09-01 (A) 8 WHEREAS, the Planning Commission did on June 17, 2009 and July 1, 2009, 9 hold duly noticed public hearings as prescribed by law to consider Zone Code Amendment (ZCA 10 09-01) and Local Coastal Program Amendment (LCPA 09-01) to repeal and reenact the 11 Nonconforming Buildings and Uses Chapter 21.48 of the Zoning Ordinance; and 12 WHEREAS, the Planning Commission adopted resolutions No. 6574 and 6575, 13 recommending to the City Council approval of ZCA 09-01 and LCPA 09-01; and 14 WHEREAS, the City Council, on August 11, 2009, held a duly noticed public ^5 hearing as prescribed by law to consider ZCA 09-01 and LCPA 09-01, and introduced Ordinance No. CS-050 to approve ZCA 09-01, and adopted Resolution No. 2009-211, to approve LCPA 09-01; and WHEREAS, the City Council, on August 18, 2009, passed, approved and adopted Ordinance No. CS-050; and 18 19 WHEREAS, the approval of both Ordinance No. CS-050 and Resolution No. 2009-211 is subject to Coastal Commission approval (certification) of LCPA 09-01; and 22 23 24 25 26 27 28 WHEREAS, on March 7, 2013, the California Coastal Commission approved LCPA 09-01 conditioned upon the city making certain changes, or "suggested modifications," and WHEREAS, accepting and administering the California Coastal Commission's suggested modifications, as set forth in this ordinance, is necessary to comply with the California Coastal Act and California Administrative Code; and WHEREAS, the California Coastal Commission suggested modifications are 2 minor revisions to the public noticing requirements for nonconforming construction permits 3 rather than substantial modifications as described in Zoning Ordinance Section 21.52.050 B.2. 4 and therefore do not require further review by the City's Planning Commission. 5 NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as 6 follows: 7 SECTION 1: That Section 21.48.080 G.I. of the Carlsbad Municipal Code, as previously approved pursuant to Ordinance No. CS-050, is modified to read as follows: 9 G. Mailing of Notice of Decision. 10 11 12 13 14 15 16 17 i: 19 20 21 22 23 24 25 26 27 28 1. Not later than seven days following the announcement of a decision ordering that a nonconforming construction permit be granted or denied, a copy of the letter shall be mailed to the applicant at the address shown on the application filed with the planning director and to any person who requested or spoke at an informal hearing for a nonconforming construction permit, and any person who has filed a written request for a notice of decision. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. {Notwittistanding the preceding, this ordinance shall not be effective until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 2nd day of April, 2013, and thereafter. /// /// /// -2- PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 30th day of April, 2013, by the following vote, to wit: AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a CELIA A. BREWER, City Attomey lATf HAlL Mavor MATTHA\L, Mayor ATTEST: '^LESeiN, City Clerk -3-