HomeMy WebLinkAbout1986-02-18; City Council; 8527; Amendment of Coastal PermitCI1 OF CARLSBAD - AGENC BILL
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DEPT CA
TITLE' AMENDMENT OF COASTAL PERMIT
PROCEDURES FOR REDEVELOPMENT
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RECOMMENDED ACTION:
Introduce Ordinance No.
ITEM EXPLANATION
On June 14, 1985, the California Coastal Commission certified with
amendments the Carlsbad Local Coastal Plan for the Redevelopment
area. Included among the amendments suggested by the Commission
were amendments to our permit process.
The proposed ordinance is intended to implement the conditions of
approval imposed by the Coastal Commission. Certain minor
modifications to the exact language of the conditions have been made
in order to fit the suggested modifications into the style of the
Carlsbad code. These changes are technical in nature and do not
effect the substance of the modifications suggested by the Coastal
Commission.
On December 4, 1985, a copy of the proposed ordinance was sent to the
Coastal Commission with an invitation for their comment. We have
received no comment from the Coastal Commission and assume that the
absence of a comment indicates that the Commission concurs with our
opinion that the ordinance satisfies the conditions of approval of
the Local Coastal Plan. This ordinance will form the model for other
coastal permit ordinances which will be brought to the City Council
in the future for full implementation of the Local Coastal Program
within Carlsbad.
FISCAL IMPACT
None
ENVIRONMENTAL REVIEW
Not Required
EXHIBITS
Ordinance No.
ORDINANCE NO. 9797
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTER
2 21.81 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF VARIOUS SECTIONS TO COMPLY WITH
3 CONDITIONS OF THE CONDITIONAL CERTIFICATION OF
THE CARLSBAD VILLAGE AREA REDEVELOPMENT SEGMENT
4 LOCAL COASTAL PROGRAM.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.020
to read as follows:
-1-0 "21.81.020 Permit required. Unless a development is
exempt from coastal development permit procedures pursuant to
Section 21.81.030 no development shall occur in the coastal zone
without a. permit having, first been issued-accor.di.'rig to the '1 provisions of this chapter.
13 SECTION 2: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.030
to read as follows:
"21.81.030 Development Exempt from Coastal Development
17 Permit Procedures.
a. Categorical exclusions:
1 o 1. A permit issued for a development which is
categorically excluded from the coastal development permit
requirements pursuant to California Public Resources Code Section
30610, shall be exempt from the requirement of this chapter. The
Planning Director shall maintain a record of all permits issued
on for categorically excluded development. The records shall
include the applicant's name, an indication that the project is
22 located in the coastal zone, the location of the project, and a
brief description of the project.
23 2. The City Council may designate by resolution, after
a public hearing, categories of development which have no
potential for any significant adverse effect, either individually
or cumulatively, on coastal resources or on public access to, or
along the coast. Development which has been so designated shall
be categorically exempt from the provisions of this chapter. The
designation of any categorical exemption shall not be effective
until the exemption has been approved by the Coastal Commission.
The Planning Director shall keep a record of all permits issued
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for categorically exempt projects as specified in paragraph 1 of
1 this subsection.
2 b. Exempt projects. In addition to those projects
categorically excluded pursuant to subsection (a), the following
3 projects are exempt from the requirements of a coastal
development permit:
4
1. Improvements to existing single family
5 residential building except:
(A) where the residence or proposed improvement
6 would encroach within 50 feet of the edge of a coastal bluff;
(B) on property located between the sea and the
7 first public road paralleling the sea or within 300 feet of the
inland extent of any beach or of the mean high tide line of the
8 sea where there is no beach, whichever is greater distance, any
improvement that would increase by ten percent or more the
9 internal floor area of an existing structure, or any improvement
where an improvement to the structure has previously been
10 undertaken pursuant to Public Resources Code Section 30610(a) or
this section and the cumulative increase of the improvements is
11 ten percent or more; or any improvement which would increase the
height of an existing structure or any significant nonattached
.12 . structure such as • garages, fences/•-shoreline -"protective works>• or
docks by ten percent or more;
13 (C) any significant alteration of land forms
including removal or placement of vegetation on a beach, wetland,
14 or sand dune, or within 50 feet of the edge of a coastal bluff
except as provided in paragraph 3 of this subsection.
15
For the purposes of this section an existing single
16 family residential building shall include all appurtenances and
other accessory structures, including decks, directly attached
17 to the residence; accessory structures or improvements on the
property normally associated with residences, such as garages,
18 swimming pools, fences and storage sheds but not including guest
houses or self contained residential units; landscaping on the
19 lot. "Guest house" as used in this section shall mean any
accessory structure having a floor area of more than 400 square
20 feet, or any accessory structure which contains plumbing.
21 2. Improvements to existing structures other than a
single family residence or public works facility except:
22 (A) where the structure or improvement would
encroach within 50 feet of the edge of the coastal bluff;
23 (B) on property located between the sea and the
first public road paralleling the sea or within 300 feet of the
24 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
25 improvement to a structure other than a single family residence
or public works facility that would increase by ten percent or
26 more the internal floor area of an existing structure, or any
additional improvement where an improvement to the structure had
27 previously been undertaken to Public Resources Code Section
30610(b), or this section, and the cumulative increase of the
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improvements is ten percent or more; or any improvement which
1 would increase the height of a structues by ten percent or more;
(C) any improvement which changes the intensity
2 of use of a structure; and
(D) any significant alteration of land forms
3 including removal or placement of vegetation on a beach, wetland,
or sand dune, or within 50 feet of the edge of a coastal bluff
4 except as provided in paragraph (3) of this subsection.
5 3. The following improvements are exempt from the
requirements of a costal permit regardless of location:
g - A. Landscaping on the lot unless the
landscaping could result in erosion or damage to sensitive
7 habitate areas;
B. Additions resulting in a cumulative increase
Q of less than ten percent of the internal floor area of an
existing structure.
9 C. Repair or maintenance activities not
described in Section 21.81.035 of this section.
10 D. Activities of public utilities as specified
in the Repair, Maintenance and Utility Hook-Up Exclusion adopted
11 by the Coastal Commission, September 5, 1978, and as modified
from time to time.
18-. •••".- .••••••••••;••.' ••••'•• ' "• ••'' ' ' •' ' •••••••• •••••-•
SECTION 3: That Title 21, Chapter 21.81 of the
13 Carlsbad Municipal Code is amended by the addition of Section
14 21.81.035 to read as follows:
15 "21.81.035 Repair and maintenance activities requiring
16 a coastal development permit.
a~. The following repair and maintenance activities
17 require a coastal development permit because they involve a risk
of substantial adverse environmental impact:
18 1. Any method of repair or maintenance of a
seawall, revetment, bluff retaining wall, breakwater, groin,
19 culvert, outfall, or similar shoreline work that involves:
A. Repair or maintenance involving substantial
20 alteration of the foundation of the protective work including
pilings and other surface or subsurface structures;
21 B. The placement, whether temporary or
permanent, of rip-rap, artificial berms of sand or other beach
22 materials, or any other forms of solid materials, on a beach or
in coastal waters, streams, wetlands, estuaries, and lakes or on
23 a shoreline protective work except for agricultural dikes within
enclosed bays or estuaries;
24 C. The replacement of 20 percent or more of
the materials of an existing structure with materials of a
25 different kind; or
D. The presence, whether temporary or
26 permanent, of mechanized construction equipment or construction
materials on any sandy area or bluff or within 20 feet of
27 coastal waters or streams.
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2. Any method of routine maintenance dredging that
involves:
., A. The dredging of 100,000 cubic yards or more
within a 12 month period;
- B. The placement of dredged spoils of any
quantity within an environmentally sensitive habitat area, on
2 any sand area, within 50 feet of the edge of a coastal bluff or
environmentally sensitive area, or within 20 feet of coastal
waters or streams; or
C. The removal, sale, or disposal of dredged
spoils of any quantity that would be suitable for beach
nourishment in an area the Commission has declared by resolution
to have a critically short sand supply that must be maintained
for protection of structures, coastal access or public
recreational use.
o 3. Any repair or maintenance to facilities or
structures or work located in an environmentally sensitive
0 habitat area, any sand area within 50 feet of the edge of a
coastal bluff or environmentally sensitive habitat area, or
within 20 feet of coastal waters or streams that include:
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;
...-• • •• B.- The- pr'esenee, whether--temporary or • "
permanent, of mechanized equipment or construction materials.
All repair and maintenance activities governed by the above
provisions shall be subject to the permit regulations
promulgated pursuant to the California Coastal Act of 1976,
including but not limited to the regulations governing
•ic administrative and emergency permits. The provisions of this
section shall not be applicable to those activities specifically
described in the document entitled Repair, Maintenance and
Utility Hookups, adopted by the Coastal Commission on September
17 5, 197
TO b. Unless destroyed by natural disaster, the
replacement of 50 percent or more of a seawall revetment, bluff
retaining wall, breakwater, groin, or similar protective work
under new ownership, replacement structure requiring a coastal
development permit, and is not repair and maintenance under
Public Resources Code Section 30610(d)."
21 SECTION 4: That Title 21, Chapter 21.81 of the Carlsbad
22 Municipal Code is amended by the amendment of Section 21.81.090
23 to read as follows:
24 "21.81.090 Housing and Redevelopment Commission action.
If the application for the coastal development permit is
consolidated with other discretionary permits pursuant to this
26 code for which the Design Reveiw Board does not have final
approval authority the Housing and Redevelopment Commission shall
hold a public hearing on the coastal development permit
application. At the public hearing the Housing and Redevelopment
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Commission shall consider the Design Review Board's
recommendation, shall consider the evidence presented at the
•i public hearing, review the matter, and shall approve,
conditionally approve or disapprove the coastal development
2 permit. No approval or conditional approval shall be given
unless the Housing and Redevelopment Commission finds that the
2 development is consistent with the provisions of the Carlsbad
Village Area Redevelopment Plan and the Village Design Manual as
certified by the Coastal Commission and which constitute the
local coastal program. The decision of the Housing and
K Redevelopment Commission is final."
6 SECTION 5: That Title 21, Chapter 21.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.100
0 to add the following sentences:
"In addition to the notice required by this section
residents within 100 feet of the boundaries of the project shall
receive the notice specified in Section 21.54.060(1) of this
Code. If the permit action is appealable to the Coastal
•in Commission the notice shall include a description of the
procedure for appeals to the Coastal Commission.
T 2 .•
SECTION 6: That Title 21, Chapter 2V.81 of the Carlsbad
Municipal Code is amended by the amendment of Section 21.81.110
14 to read as follows:
15 "21.81.110 Appeals to Coastal Commission.
a~The following developments, due to their type or
location, are within the appeal jurisdiction of the Coastal
Commission. Only decisions approving a coastal development
permit for these developments are appealable to the Coastal
•jo 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
2Q Department.
1. Developments on property located between the sea
and the first public road paralleling the sea or within 300 feet
22 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.
23 2. Developments on property located within 300 feet
24 of the top of the seaward face of any coastal bluff, or within 100
feet of any wetland, estuary or stream.
25
3. Any decision approving or denying a development
25 which constitutes a major public works project or a major energy
facility. For purposes of this section a major public works
27 project is any public works project which exceeds $100,000 in its
estimated cost of construction. A major energy facility is any
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public or private processing, producing, generating, storing,
transmitting, or recovering facility for electricity, natural
gas, petroleum, coal, or other source of energy which exceeds
2 $100,000 in its estimated cost of construction. This section
shall not be construed to regulate those energy facilities which
3 are exempt from zoning regulations pursuant to Government Code
Section 53091.
4
b. The appeal shall be filed not later than ten working
5 days after the date of the final local action. No City permit
shall be issued or deemed approved until an appeal, if any, to
the Coastal Commission has been resolved.
c. Nonappealable Development. Decisions on
applications for developments which are not of the type described
above or located within the areas described above are not
appealable to the Coastal Commission. Decisions denying any
Coastal Act permit for an appealable development described above
are not appealable to the Coastal Commission with the exception
of decisions on major public works projects and major energy
facilities."
SECTION 7: That Title 21, Chapter 21.81. of .the Carlsbad
12 . •Municipal Code is amended by the addition of Section 21.81.115
13 to read as follows:
14 "21.81.115 Coastal development permits issued by
Coastal Commission.The Coastal Commission shall have original
jurisdictionfor all coastal development permits for development
on tidelands, submerged lands and public trust lands, whether
filled or unfilled. Such lands are specified as the area of
17 "original jurisdiction" of the Coastal Commission pursuant to
Public Resources Code Section 30519(b), and are shown on the
Post LCP Certification Map which is on file in the Planning
Department. The applicant for any project which requires a
19 coastal development permit issued by the Coastal Commission
shall obtain all discretionary approvals required by this Code
20 prior to filing an application with the Coastal Commission for
said coastal development permit."
21 SECTION 8: That Title 21, Chapter 21.81 of the Carlsbad
22 Municipal Code is amended by the amendment of the last sentence
23 of Section 21.81.120 to read as follows:
24 "Such notice shall include any conditions of approval
25 and written findings and if the matter is appealable to the
Coastal Commission procedures for appeal of the local action to
26 the Coastal Commission."
27 SECTION 9: That Title 21, Chapter 21.81 of the Carlsbad
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Municipal Code is amended by the amendment of Section 21.81.130
to read as follows:
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* of final local action unless the notice of final local action
does not comply with the requirements of Section 21.81.120.
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"21.81.130 Effective date of permit. Coastal
development permits for projects which are not appealable to the
Coastal Commission shall be valid upon the mailing of the notice
Coastal development permits for projects which are appealable to
the Coastal Commission shall be valid upon the expiration of 15
working days from the date of mailing of the notice of final
local action provided that the notice complies with the
requirements of Section 21.81.120 and further provided that an
appeal of the decision has not been filed with the Coastal
Commission."
SECTION 10: That Title 21, Chapter 21.81 of the
Carlsbad Municipal Code is amended by the addition of Section
21.81.150(g) to read as follows:
• ,"<g) Any request for an 'emergency- permit -within 'trie •
Coastal Commission area of original jurisdiction as defined in
Section 21.81.115 shall be referred to the Coastal Commission
for review and issuance."
14 SECTION 11: That Title 21 , Chapter 21.81 of the
15 Carlsbad Municipal Code is amended by the amendment of Section
16 21.81.160 to add the following:
"Not more than 90 or less than 45 days prior to the
expiration of a coastal development permit the permittee may
apply to the Design Review Board for an extension of the permit.
The application for an extension shall be processed pursuant to
the provisions of Sections 21.81.070, 21.81.100, and 21.81.110 of
this Chapter. An extension shall be approved only if it is found
that there has been no material change of circumstances since the
original granting of the permit. If the Design Review Board
finds that there has been a material change of circumstances
since the original granting of the permit the application for the
extension shall be denied. The decision of the Design Review
Board may be appealed pursuant to the provisions of Section
21.81.080. If a complete application for an extension has been
timely filed the Design Review Board or the Housing and
Redevelopment Commission on appeal may grant the extension after
the expiration date provided that the final decision is made not
later than 45 days after the expiration date."
SECTION 12: That Title 21, Chapter 21.81 of the
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Carlsbad Municipal Code is amended by the addition of Section
21.81.165 to read as follows:
"21.81.165 Amendment to coastal development permits.
An amendment to a coastal development permit shall be processed
in the same manner as an original application for a coastal
development permit.1
SECTION 13: That the provisions of this ordinance
shall be effective upon certification by the executive director
of the Coastal Commission.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 18th day of February ,
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council, held "on .the' 25th •-. day-of February • '; 1986' by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
^
/ t / f_^
NT F. BION
ATTEST:
SI.ER, Mayor
KAREN R. KUNDT
City Clerk
Deputy City Clerk