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HomeMy WebLinkAbout1977-10-04; City Council; 5218; Coastal Commission Categorical ExclusionsCITY OF ' "RLS8AD- - " 1 si ' Initial : AGENDA BILL NO. J~o2>/y ___ Dept. Hd. DATE; October 4, 1977 _ . __ City Atty _ DEPARTMENT: Planning ___ City Mgr. T\ /? /;vM,"- SUBJECT: COASTAL COMMISSION CATEGORICAL EXCLUSIONS FROM THE COASTAL PERMIT PROCESS FOR SINGLE FAMILY RESIDENCES IN CERTAIN AREAS OF THE CITY. STATEMENT OF THE MATTER The State Public Resource Code allows the Coastal Commission to exclude certain development within a specifically designated geographic area from permit requirements of the Coastal Act. Any public agency (in- cluding the Coastal Commission or local government) may request categorical exclusions as permitted under the Coastal Act. The Coastal Commission has processed a series of categorical exclusions for most of the San Diego County coastal cities including Carlsbad. Their process involved public hearings at the Regional and State Coastal Commission levels. All exclusions including Carlsbad were for single family residential development only. In granting the exclusion, the Commission has in effect granted a blanket coastal permit for single family residences in the defined area. (See attached Exhibit "A") City staff has received a clarification of the effects the categorical exclusion will have on Carlsbad in a letter from the Coastal Commission's Legal Council. (See attached) Before the blanket permit instigated by the categorical exclusions can go into effect, the City must submit to the State Commission a resolution indicating acceptance of the exclusions. The Cities of Imperial Beach, Del Mar and Oceanside have, to this date, adopted exclusions by resolution. Staff has attached a sample resolution for the Council's consideration. RECOMMENDATION If the Council concurs with the California Coastal Commission's request to exclude certain single family residences from the Coastal permit process as outlined in the Coastal Commission- Categorical Exclusions Order E-77-4, then the attached resolution should be adopted by the City Council. EXHIBITS Exhibit "A" (Map) Letter from Peter W. Van Der Naillen, dated 8/19/77 Categorical Exclusion Order E-77-4 (Exhibit "B") Resolution No. & t&ol> (See Page 2 for Council action) FORM PLANNING 73 AGENDA BILL NO. 5218 -2- October 4, 1977 Council action 10-4-77 Resolution #5226 was adopted, accepting the Categorical exclusion of portions of the City of Carlsbad from the permit requirements of the California Coastal Act as adopted by the California Coastal Commission. STATE OF CALIFORNIA CALIFORNIA COASTAL COMMISSION 1540 MARKET STREET, 2nd FLOOR SAN FRANCISCO, CALIFORNIA 94102 PHONE: (415)557-1001 August 19, 1977 EDMUND G. BROWN JR.. Governor RECEIVED AUG22B77 Janes c- Hagaman C|TY QF CARLSBAD Planning Department 1200 Elm Avenue Carlsbad, CA 92008 Dear Mr. Hagaman: The questions raised by your letter of August 15 are easily answered. In order for a categorical exclusion to become effective the jurisdiction normally issuing a building permit for the excluded category of development must acknowledge receipt of the exclusion order and agree, by resolution, to any con- ditions imposed which are applicable to the jurisdiction. In your case the only obligation imposed concerns distributing forms to any applicant for a building permit for a development subject to the exclusion. The local jurisdiction does not take-over the responsibility of issuing coastal permits. It is expected, of course, that local jurisdictions will inform developers of the exclusion and of '•,'- their responsibilities. As a legal matter the local jurisdiction may issue a building permit in excess of what is allowed under the exclusion, assuming it complies with local standards. The applicant then .must obtain a coastal development permit before starting to work. Ware an applicant to go ahead without a coastal permit with a project not covered by the exclusion, the applicant would then be in violation of the Coastal Act, not the local jurisdiction. It is then the obligation of the Commission to take any appropriate enforcement action. The granting of a categorical exclusion is really a blanket authorization, to an unknown number of unidentified applicants, to construct a specific type of project in a carefully defined area. A local jurisdiction, as the primary permit- ting authority, is in the best position to inform applicants of the exclusion and therefore plays an important role in making the whole scheme work. That is why the Coastal Commission has, by regulation, imposed certain obligations on local jurisdictions. However, since an exclusion cannot become effective until a local jurisdiction agrees to it, a community has the power to reject it with the result that the coastal permit requirements remain in full force and effect. I'm enclosing two sample resolutions, both perfectly acceptable. Very truly yours, PETER W. VAN TEft MATLLEN Legal Counsel cc: Dan Gorfain 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 RESOLUTION NO. 5226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING THE CATEGORICAL EXCLUSION OF PORTIONS OF THE CITY OF CARLSBAD FROM THE PERMIT RE- QUIREMENTS OF THE CALIFORNIA COASTAL ACT AS ADOPTED BY THE CALIFORNIA COASTAL COM- MISSION. WHEREAS, on June 14, 1977, by a unanimous vote, the California Coastal Commission adopted a Categorical Exclusion, pursuant to California Public Resources Code Section 20620(D) for portions of the City of Carlsbad to wit: Within those areas zoned R-l and R-2 of the City of Carlsbad, and shown on the attached map marked Exhibit "A" and subject to conditions of such adoption as indicated on the attached Categorical Exclusion Ordinance E-77-4, marked Exhibit "B"; and WHEREAS, the Coastal Commission has requested the City of Carlsbad to acknowledge and accept the terms and conditions of this Exclusion; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the City Council, on behalf of the City of Carlsbad hereby acknowledges, accepts and agrees to the terms and conditions of Categorical Exemption Order E-77-4 for the area as shown in a map marked Exhibit "A" and as set forth in said Exemption Order marked Exhibit "B", both of which are attached hereto and by this reference incorporated herein as it fully set forth. 2. That the City Manager, through^his designated represen- tative, be and hereby is directed to comply with said 1 2 3 4 5 6 7 8 9 10 11 12 13 e 17 18 19 20 21 22 23 24 25 26 27 28 provision of Exemption Order E-77-4 commencing October 1, 1977. PASSED AND APPROVED by the City Council of the City of Carlsbad, California this 4th day of October 1977 by the following vote: AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and Councilwoman Casler NOES:. None ABSENT: None ABSTAIN: DBERT C. FRAZEE, MAY ATTEST: . ADAMS7 CITff CLERK . MAR^A (SEAL) .2 iW.'//,/7'. M ': ' f f i I n'. ' i • K'.)Boundary' / %v '^V< '""Vv - - / -X ^^OV-.o /"••^ < — *»St Ji *• » •NJV -"in-.r! > EXHIBIT A Exclusion Areas CATEGORICAL EXCLUSION ORDER E-,.-4 » (CARLSBAD) The Commission by a two-thirds vote of its appointed members hereby adopts, by regulation, an order, pursuant to Public Resources Code Sections 306lO(d) and 30olO.5(b), categorically excluding from the permit requirements of the California Coastal Act of 197° the category of development within the specifically defined geographic area described below: I. Category of Development and Geographic Area This order categorically excludes the construction of new single~family residences, as conditioned, in designated R-l, and R-2, zones in the coastal zone in the City of Carlsbad, San Diego. County as shown on the notarized exclusion maps on file with the Commission, San Diego Coast Regional Commission, and the City of Carlsbad. II. Findings The Commission hereby finds, for the reasons set forth in the attached reports, that this exclusion, as conditioned, presents no potential for any signi- ficant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along the coast, and that this exclusion will, not impair the ability of local government to prepare a local coastal program. The Commission also finds that the category of development excluded by this order is a project which the Secretary of Resources has determined is categorically exempt from the provisions of the California Environmental Quality Act of 1970 as having no significant effect on the environment. (See, 14 Cal. Adra. Code 15100 et seq.) In addition the Commission finds that, for the same reasons this exclusion will have no potential for any significant adverse effect, either individually or cumulatively, on coastal resources, this exclusion-will have no significant effect on the environment for purposes of the California Environmental Quality Act of 1970. III. Conditions In order (l) to assure that adoption of the exclusion will cause no signifi- cant change in density, height, or nature of uses in the excluded area and (2) to implement the exclusionr this order is subject to the following conditions: 1. Lot Limitations This exclusion shall only apply to construction on single or combined adjacent lots of record existing on the date this order is adopted by the Commission. This exclusion shall not apply to single-family residential development for which a lot split, parcel map, or subdivision map is also required. Construction pursuant to this exclusion shall result in only one single-family residence on the parcel or com- bined parcels being developed. 2. Applicable Zoning Construction pursuant to this exclusion shall coltform to the zoning in effect on the date this order is adopted by the Commission, as represented by City of Carlsbad ordinance 9060 (Chapter 2L) a copy of which is attached to the official map of this exclusion. However, no construction based on variances, other than for setback, is authorized tinder this exclusion. 3- Implementation The City of Carlsbad shall, at an appropriate stage in the local approval process for development subject to this exclusion, distribute to the applicant for such local approval an instruction sheet and form provided by the Executive Director of the Commission. After obtaining final local governmental approval but prior to commencing construction under this exclusion, such applicant shall send the completed form to the San Diego Coast Regional Commission. The completed form shall include a certification by the applicant that the approved development conforms with the terms and conditions of this order. • ' . ' The City of Carlsbad may, at its option, also make that certification on the completed form. No construction pursuant to this exclusion may commence until 5 xvorklng days have elapsed following receipt of the completed form by the San Diego Coast Regional Commission. IV. Re sci s sion and Revo cation Pursuant to 14 Gal. Adci. Code 13243(e)» the Commission hereby declares that the order granting this exclusion may be rescinded at any time, in whole or in part, if the Commission finds by a majority vote of its appointed membership after public hearing that the terms and conditions of the exclusion order no longer support the findings specified in Public Resources Code Section 306lO(d). Further, the Commission declares that this order may be revoked at any time that the terms and conditions of the order are violated. -.