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HomeMy WebLinkAbout1986-02-18; City Council; 8527; Amendment of Coastal PermitCI1 OF CARLSBAD - AGENC BILL (-1 O (U O OJ-J Oc 3OCJ ooIoo•HI CNI AR# S*5"<?7 MTG. 2/18/86 DEPT CA TITLE' AMENDMENT OF COASTAL PERMIT PROCEDURES FOR REDEVELOPMENT AREA DEPT. HD. CITY ATTY Q>^ —2*9P.ITY MfiR <r**~- ODC 0.Q. O§ O OO 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 28 -I 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 28 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. 28 i 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 28 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 28 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 28 7 Municipal Code is amended by the amendment of Section 21.81.130 to read as follows: 2 2 * of final local action unless the notice of final local action does not comply with the requirements of Section 21.81.120. c 17 18 20 21 22 23 25 26 27 28 "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 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 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