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HomeMy WebLinkAbout2009-07-07; City Council; 19881; Village master plan and design manual revisionsCITY OF CARLSBAD - AGENDA BILL 19,881AB# MTG. 07/07/09 DEPT. Clerk VILLAGE MASTER PLAN AND DESIGN MANUAL REVISIONS MCA 95-01 (aX1) DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-037 amending Title 21, Chapter 21.35 of the Carlsbad Municipal Code (V-R Village Redevelopment Zone) adding and removing language that refers to the Carlsbad Village Redevelopment Area Plan and/or project area; and, Adopt Ordinance No. CS-038 amending Title 21, Section 21.41.010 (Sign Ordinance) of the Carlsbad Municipal Code adding and removing language that refers to the Carlsbad Village Redevelopment Area Plan; and, Adopt Ordinance No. CS-039 amending Title 21, Chapter 21.81 (Coastal Development Permits-Village Development Area) adding and removing language that refers to the Carlsbad Village Redevelopment Area Plan; and, Adopt Ordinance No. CS-040 amending Title 2 of the Carlsbad Municipal Code by repealing Chapter 2.26 in its entirety to dissolve the Design Review Board and amending Chapter 2.24 removing language referring to the Design Review Board and transferring duties of said Board to the Planning Commission. ITEM EXPLANATION: Ordinance Nos. CS-037, CS-038, CS-039 and CS-040 were introduced and first read at the City Council meeting held on June 23, 2009. The second reading allows the City Council to adopt the ordinances. Ordinance Nos. CS-037 and CS-038 will become effective in thirty days after adoption for all areas of the Village outside the Coastal Zone. For areas of the Village within the Coastal Zone, the Ordinance shall not be effective until approved by the Executive Director and/or California Coastal Commission. Ordinance No. CS-039 shall become effective upon approval by the Executive Director and/or California Coastal Commission. Ordinance No. CS-040 will become effective thirty days after adoption. The City Clerk will have the ordinances published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,871 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-037. 2. Ordinance No. CS-038. 3. Ordinance No. CS-039. 4. Ordinance No. CS-040. DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED n D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D / 1 ORDINANCE NO. CS-037 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 21.35 (V-R VILLAGE REDEVELOPMENT ZONE) TO ADD/REMOVE LANGUAGE FROM 5 CHAPTER 21.35 THAT REFERS TO THE CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN AND/OR PROJECT AREA. 6 CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL 7 AMENDMENTS CASE NO: .8 The City Council, does ordain as follows: JQ Section I: That Chapter 21.35 of the Carlsbad Municipal Code is amended to read as 11 follows: 12 Chapter 21.35 V-R VILLAGE REVIEW ZONE 13 21.35.010 Intent and purpose. 14 21.35.020 Incorporation of village master plan and design manual by reference. 15 21.35.030 Land affected by this chapter. 21.35.040 Permitted uses.16 21.35.050 Provisional uses. 17 21.35.060 General regulations. 18 21.35.070 Village Review permit. 10 21.35.080 Village Development projects. 20 21.35.085 Permit application. 21 21.35.090 Housing and redevelopment director action. 22 21.35.100 Planning commission action. 2-5 21.35.110 Effective date of order-Appeal of planning commission decision. 21.35.115 City Council action.24 21.35.117 Notice of public hearings. 25 21.35.120 Consolidation of other permits and discretionary approvals-Findings 26 reguirements. 27 21.35.130 Variances. 21.35.140 Compliance with other provisions of this code.28 1 21.35.150 Amendments. 2 21.35.010 Intent and purpose. The village review zone is intended to establish land use classifications and develop standards and procedures for that unique area of the city described in the Carlsbad . village master plan and design manual and according to the map approved and on file in the Housing and Redevelopment and City Clerk offices. This zone adopts the land use classifications and development standards of the Carlsbad village * master plan and design manual as the zoning for the area designated. (Ord. NS-330 §4 (part), 1995)6 21.35.015 Village Redevelopment Plan Expiration „ Adopted on July 21,1981, the Carlsbad Village area redevelopment plans has served together with the Village master plan and design manual to regulate land use and development in the Village area for the purpose of eliminating blight and blighting influences, and to revitalize the area. With expiration of the time limit for effectiveness of the Carlsbad village area redevelopment plan on July 21, 2009, the Carlsbad 10 Redevelopment Project Area terminated and the Carlsbad Redevelopment Agency's authority to act pursuant to the redevelopment plan expired, with exception of the 11 requirements to pay previously incurred indebtedness, to comply with Section 33333.8 of the California Health and Safety Code (for provision of affordable housing) 12 and to enforce existing covenants, contracts or other obligations and to manage Agency-owned property. Modifications to the Village master plan and design manual 13 were adopted by the Carlsbad Housing and Redevelopment Commission on June 23, 2009 and City Council on June 23, 2009 and hereby incorporated by reference into 14 this chapter. These modifications transfer land use and development authority within the Village area from the Carlsbad Housing and Redevelopment Commission to the i c City of Carlsbad. The City Council has reaffirmed that the Carlsbad Village master plan and design manual together with implementing ordinances and policies shall continue to serve as the land use and development regulatory document for this unique Village Area to continue the revitalization effort. 17 18 21.35.020 Incorporation of village master plan and design manual by reference. 19 The village master plan and design manual as adopted by Carlsbad housing and redevelopment commission Resolution No. 271 on November 21, 1995, and modified 20 by Carlsbad housing and redevelopment commission Resolutions No. 280 on August 13, 1996, No. 291 on December 16,1997, and No. 379 on April 13, 2004, and 21 modified by Carlsbad housing and redevelopment commission Resolution No. 2007- 273 on November 6, 2007 and modified by Carlsbad housing and redevelopment 22 commission Resolution No. 470 on June 23, 2009 are hereby adopted by reference and incorporated into this chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 §11, 1998: 23 Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 § 4 (part), 1995) 24 21.35.030 Land affected by this chapter. 25 This chapter shall apply only to lands located within the boundaries of the area known as the Carlsbad village area, the boundaries of which are described in the Carlsbad village master plan and design manual and according to map approved June 23, 2009 and on file in the Housing and Redevelopment and City Clerk offices. (Ord. NS- 27 330 §4 (part), 1995) 28 -2- 1 21.35.040 Permitted uses. 2 Only those land uses specified in the Carlsbad village master plan and design manual as permitted uses for particular property in the village review area shall be permitted. 3 (Ord. NS-330 § 4 (part), 1995) 4 21.35.050 Provisional uses. Uses permitted as provisional uses by the Carlsbad village area master plan and design manual shall be permitted upon issuance of a village review permit approved according to this chapter. (Ord. NS-330 § 4 (part), 1995)6 21.35.060 General regulations. 7 Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad village master plan and design manual, the regulations of this title which 8 apply to uses generally or generally to all zoning classifications shall apply to property and uses in this zone. (Ord. NS-330 § 4 (part), 1995) 9 21.35.070 Village review permit. 10 Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no development shall occur in the area subject to this chapter without a village review permit. (Ord. NS-330 § 4 (part), 1995) 21.35.080 Village review projects. (a) Exempt Projects. No village review permit shall be required for an exempt project. , T An exempt project is one which is exempt from the requirement to obtain a coastal development permit in accordance with Section 21.81.030; and requires no village review permit or other discretionary approvals, and includes but is not limited to: 14 (1) Interior or Exterior improvements to existing structures which do not result in the intensity of use of a structure; and/or (2) Additions to existing structures which result in a cumulative increase of less than 10% of the internal floor area; and/or 16 (3) Changes in permitted land uses which do not require site changes, result in increased ADT, result in increased parking requirements, or result in compatibility 17 issues or problems; and/or (4) Landscaping on the lot unless it will result in erosion or damage to sensitive 18 habitat; and/or (5) Repair or maintenance activities which are exempt from a coastal development 19 permit; and/or (6) Activities of public utilities regulated by a government agency; and/or 2Q (7) A project that requires no variance of any type; and/or (8) Demolition of a structure, unless such a demolition activity has the potential to have an adverse impact on coastal resources and/or access to the coast. (b) Nonexempt Projects. There are three types of village review permits required for nonexempt projects. One permit for each type of development project described as 22 follows: 23 (1) Administrative Village Review Project. An administrative village review project is one which involves development with an estimated permit value of less than sixty 24 thousand dollars, and requires no other discretionary approvals, except an administrative variance within the authority of either the director of planning or the 25 director, including, but not limited to: (A) New construction of building(s) or addition(s) to the building footprint; and/or 26 (B) Interior or exterior improvements to existing structures which result in an intensity of use; and/or 27 (C) Provisional land uses, where a minor or major village review permit is not required; and/or 2g (D) Changes in permitted land uses which result in site changes, increased ADT, increased parking requirements, or result in compatibility issues/problems; and/or -3- 1 (E) Signs for existing businesses or facilities; and/or (F) Repair or maintenance activities which are not exempt projects. 2 (2) Minor Village Review Project. A minor village review project is one which does not qualify as an administrative village review project and involves development with an 3 estimated permit value of sixty thousand dollars or more but less than one hundred fifty thousand dollars. 4 (3) Major Village Review Project. A major village review project is one which involves development with an estimated permit value of one hundred fifty thousand dollars or 5 more. (Ord. NS-330 § 4 (part), 1995) 21.35.085 Permit application.6 (a) An application for a Village review permit for a non-exempt development project 7 as defined in Section 21.35.080 may be made by the record owner or owners of the property, or the authorized agent or agents for the property, on which the o development is proposed. The application shall be filed with the director upon forms provided by the director, and shall be processed in accordance with the provisions of Section 21.54.010 of this code. y (b) If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be 10 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 11 case infringe upon the free exercise of the powers vested in the city as represented by the Planning Commission and the City Council. 12 (c) 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 13 appropriate fee or fees have been paid. (Ord. NS-330 § 4 (part), 1995) 21.35.090 Housing and redevelopment director action. (a) After the application has been accepted as complete the director shall determine if 15 the project is exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be required for a project which is exempt from the I g requirements of this chapter. The director shall determine the exemption based on the certified local coastal 1 „ program, including maps, categorical exclusions and other exemptions, land use designations, zoning ordinances and the village master plan and design manual. In granting an exemption, the director may impose such conditions as are necessary to 1 o protect the public health, safety and welfare. The director shall inform the applicant whether the project is exempt within ten 19 calendar days of the determination that the application is complete. The decision of the director on all exempt determinations is final, (subject to the potential dispute 20 resolution process as provided in Section 21.81.050). The director shall maintain a record of all determinations made on projects exempt 21 from the requirements of this chapter. The records shall include the applicant's name, an indication that the project is located in the village area, the location of the project, 22 and a brief description of the project. The record shall also include the reason for exemption. 23 (b) The director may approve, conditionally approve or deny administrative village review permits for the village as defined in Section 21.35.080, subject to appeal to the 24 Planning Commission. (c) After all necessary reports and recommendations have been received the director shall transmit the application for a minor or major village review permit together with the reports and the recommendations of the appropriate departments to the Planning Commission for a public hearing. 26 (d) The director shall transmit to the planning commission all timely appeals on administrative permits and administrative variances. 27 (e) The director may grant, conditionally grant or deny applications for the types of administrative variances set forth in Section 21.51.020 of this code and in accordance 28 with the procedures provided in Chapter 21.51 of this code, except that the director -4- and the planning commission shall serve as the appropriate approving bodies for projects within the village review area. If the project includes other discretionary 2 approvals outside the director's authority, the director shall set the consolidated project for public hearing by the planning commission. 3 (f) The effective date of order of a housing and redevelopment director decision and the method for appeal of such decision shall be governed by Section 21.54.140 of this 4 code. (Ord. NS-675 § 33, 2003; Ord. NS-330 § 4 (part), 1995) . 21.35.100 Planning commission action. (a) The planning commission shall hold a public hearing on: 5 (1) Appeals of decisions made by the director on administrative village review permits for the village area as defined in Section 21.35.080 or administrative variances; 7 (2) Minor or major village review permits; and (3) Non-administrative variances for which the board has final decision-making o authority pursuant to Section 21.35.130(b). (b) For major village review projects, the commission shall consider the evidence and by resolution report and recommend to the city council approval, conditional approval, " or denial of the project. Such resolution shall state, among other things, the facts and reasons why the commission determined the approval, conditional approval or denial 10 to be consistent with this chapter. The action to approve, conditionally approve or deny is advisory to the council. 11 (c) The commission shall have sole authority to consider the evidence and by resolution report and recommend to the city council approval, condition approval, or 12 denial of revisions to applicable chapters of the Carlsbad Municipal Code, Village Master Plan and Design Manual and/or other policy documents specifically related to 13 activities which benefit and/or otherwise impact the Village Area. (Ord. NS-675 § 34, 2003: Ord. NS-330 § 4 (part), 1995) 21.35.110 Effective date of order-Appeal of Planning Commission decision. The effective date of the planning commission decision and method for appeal of such decision shall be governed by Section 21.54.150 of this code. (Ord. NS-675 § 35, 2003: Ord. NS-506 § 2, 1999: Ord. NS-330 § 4 (part), 1995) 17 21.35.115 City Council action. -. o The city council shall hold a public hearing on: (a) Any major village review permit for which the planning commission has filed a report and recommendation with the city clerk; or (b) Any other matter made appealable to the council by this chapter and which has been timely appealed. (Ord. NS-330 § 4 (part), 1995) 21.35.117 Notice of public hearings. 21 Notice of any public hearing required by this chapter shall be given as provided in Section 21.54.060(1) of this code. (Ord. NS-330 § 4 (part), 1995) 2?21.35.120 Consolidation of other permits and discretionary approvals- 23 Findings requirements. (a) Whenever a project would require a permit or approval under the provisions of this 24 title and/or Title 20 notwithstanding this chapter, the village review permit shall be deemed to satisfy the requirements for such permit or approval; provided, however, 25 that in considering the village review permit for said project the director, planning commission and the city council shall apply the provisions of this chapter and the 26 provisions of this title otherwise applicable to such other permit or approval for the project. 27 (b) Whenever a project consists only of exemption determinations and/or administrative permits or administrative variances within the authority of either the director of planning or the director, they shall be consolidated and considered by the director, subject to appeal to the planning commission with regard to determinations -5- 1 other than exemptions. (c) If the project includes permits or other discretionary approvals outside the 2 director's administrative permit or administrative variance authority, the administrative permit and/or administrative variance aspects shall be consolidated with the other 3 matters and submitted to the planning commission. (d) No variance, determination of exemption or administrative, minor or major village 4 review permit shall be granted unless the decisionmaker finds, in addition to any other findings otherwise required for the project, that the project as approved, or 5 conditionally approved is consistent with this code, the general plan, and the village master plan and design manual. (Ord. NS-330 § 4 (part), 1995) 6 21.35.130 Variances. 7 (a) The city council may grant variances from the limits, restrictions and controls established by this chapter for major village review permits if the commission finds 8 that: (1) Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zone " regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 10 (2) The variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property 11 is located and is subject to any conditions necessary to assure compliance with this finding; 12 (3) The variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property; 13 (4) The variance is consistent with the general purpose and intent of the general plan and the Carlsbad village master plan and design manual; 14 (5) In addition, in the coastal zone, that the variance is consistent with and implements the requirements of the certified local coastal program and that the ic variance does not reduce or in any manner adversely affect the protection of coastal resources as specified in the zones included in this title, and that the variance , f implements the purposes of zones adopted to implement the local coastal program land use plan. (b) An application for a variance shall be processed in the same manner established 1' by this chapter for a village review permit. (c) The planning commission may grant variances from the limits, restrictions and 18 controls established by this chapter for minor review projects (or otherwise administrative projects consolidated or on appeal from a director decision), if the 19 commission makes the variance findings set forth in subsection (a) of this section. (d) The director may grant administrative variances in accordance with Section 20 21.35.090(e), if the director makes the findings set forth in subsection (a) of this section. (Ord. NS-675 § 36, 2003: Ord. NS-330 § 4 (part), 1995) 91Zi 21.35.140 Compliance with other provisions of this code. 22 Projects developed pursuant to this chapter shall be subject to the provisions of the village master plan and design manual and all other applicable provisions of the 93 Carlsbad Municipal Code, including but not limited to those provisions of Titles 18, 19 and 20. (Ord. NS-330 § 4 (part), 1995) 24 21.35.150 Amendments. ~<- Amendments to the village master plan and design manual shall be deemed to be 3 amendments to this chapter; provided, however, that such amendments are processed and noticed in a manner which meets the requirements of Chapter 21.52 2" of this code. Amendment of the village master plan and design manual by city council resolution, with a recommendation from the planning commission shall be deemed to 27 satisfy the requirements of Chapter 21.52 of this code, provided all other requirements are met. (Ord. NS-330 § 4 (part), 1995) 28 -6- Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the 2 Village outside of the Coastal Zone. For areas of the Village within the Coastal Zone, this ordinance is not effective until approved by the Executive Director and/or California Coastal Commission. 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 -7- 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 RfttfALD R. BALL, City^Attorney ATTEST: D, City Clerk (J 1 ORDINANCE NO. CS-038 2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF 3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING SECTION 4 21.41.010 OF CARLSBAD MUNICIPAL CODE SECTION CHAPTER 21.41 (SIGN ORDINANCE) TO ADD/REMOVE LANGUAGE FROM 5 SECTION 21.41.010 OF CHAPTER 21.41 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 section 21.41.010 of Chapter 21.41 of the Carlsbad Municipal Code is amended to read as follows: 12 Chapter 21.41 SIGN ORDINANCE 13 21.41.010 Applicability. 14 21.41.010 Applicability. The provisions of this chapter shall apply generally to all zones established by this title. Properties and 15 uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village master plan and design manual, and then, to the extent not covered by said master plan and design 16 manual, by the provisions of this chapter. Signs on public property, both within the village review zone and other zones, are controlled by city council policy. 17 In those areas of the city where master plan or specific plan sign standards or sign programs were 18 adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply; however, the "substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs 19 and plans. 20 All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance, are subject only to the "substitution" provisions of this chapter (section 21.41.025(2)), except that if any 21 such sign program is proposed for amendment to increase overall sign area allowed, then the sign program must be amended to conform with all development and design standards of this chapter. 00 Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected, constructed, placed, established, mounted, created or maintained only in conformance with the standards, 23 procedures and other requirements of this chapter. The standards regarding number and size of signs regulated by this chapter are maximum standards, unless otherwise stated. (Ord. NS-606 § 1 (part), 2001)24 25 26 27 28 10 Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the 2 Village outside the Coastal Zone. The ordinance will not become effective in the Coastal Zone until 3 approved by the Executive Director and/or California Coastal Commission. 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 // -2- 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 the 23rd day of June, 2009, and thereafter. of the Carlsbad City Council on 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 M^tdjM^ £*fo- RONALD R. BALL, City Attorney /] /) m//l{(CLAUDIA LEWIS ATTEST: M^ lAJRR^INE M. W£ '(SEAL)t(|(/ ^v-SBAo'%, '"'''/* if '<^ i /?T <// ^/k^f-ytx , Mayor X >p6, CityClerk 0 1 ORDINANCE NO. CS-039 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 1 1 follows: 12 Chapter 21.81 COASTAL DEVELOPMENT PERMITS-VILLAGE REVIEW 13 Z°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 u 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. 74^ 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. -0 21.81.140 Review of recorded documents.2,0 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 o 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 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 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: (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 °f 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; 25 (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 1 (a) The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse environmental impact: 2 (1) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: 3 (A) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; 4 (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, 5 estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries; 6 (C) The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or 7 (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 o 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 15 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 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. 24 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-\<P 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 6 permits or approvals under this title and the coastal permit may be consolidated into one application. 7 (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 8 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 , 7 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 27 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 15 Section 21.81.120. (g) If the project does not qualify for an exemption, an administrative permit or an 1,- 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) 18 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 24 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 -> 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) 7 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 ,, 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 city 14 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) I O 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 21 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- 1 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) 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 1 1 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 , o 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 91 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 5 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 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; 13 (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 ,» 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- 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 Se California II II II II II II II II II II II II II II II II II II II II II II II II Section 2. This ordinance shall be effective upon approval by the Executive Director and/or -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, City Ajforney /IS, Mayor ATTEST: L(DRRAINE\M. WOdD/Ci _ city cierk XUXX- 3" (SEAL) 5 6 7 8 9 10 11 12 13 14 18 19 20 21 25 26 27 28 ORDINANCE NO. CS-040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 2 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING CHAPTER 2.26 IN ITS ENTIRETY TO DISSOLVE THE DESIGN REVIEW BOARD AND AMENDING CHAPTER 2.24 TO REMOVE LANGUAGE REFERRING TO THE DESIGN REVIEW BOARD AND TRANSFER DUTIES OF SAID BOARD TO THE PLANNING COMMISSION. CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL REVISIONS CASE NO. : MCA 95-01 (AX1) That the City Council of the City of Carlsbad, does ordain as follows: Section I: That Chapter 2.26 of the Carlsbad Municipal Code is hereby repealed in its entirety resulting in dissolution of the Design Review Board. Section II: That Chapter 2.24 of the Carlsbad Municipal Code is amended to read as follows to transfer the duties of the Design Review Board to the Planning 15 Commission of the City of Carlsbad: 16 Chapter 2.24 PLANNING COMMISSION4 17 Sections: 2.24.010 Created. 2.24.020 Composition-Appointment. 2.24.030 Absence from meetings. 2.24.040 Regular and adjourned meetings. 2.24.050 Officers-Rule adoption-Records. 2.24.060 Duties. 2.24.065 General plan conformance-Time for or waiver of report. 2.24.070 Quorum and vote. * For statutory provisions directing the establishment of a planning agency and as to local planning generally, see Gov. Code § 65100 et seq. 23 2.24.010 Created. 24 Under and pursuant to an act of the legislature of the state, known as the "conservation and planning law," a planning commission for the city is created and established. (Ord. 1020 § 1) 2.24.020 Composition-Appointment. The planning commission shall consist of seven members to be appointed by a majority vote of the council, and of four ex officio members who shall be the community development director, the city engineer, the city attorney and the planning director. Of the seven members of the commission first appointed under this chapter, two shall be appointed for one-year terms, two shall be appointed for three-year terms, and one shall be appointed for a four-year term. Their successors shall be 1 2 3 1982:Ord. 1200 § 1, 1977: Ord. 1157 § 1, 1973: Ord. 1020 § 2) 4 2.24.030 Absence from meetings. 5 If a member of the planning commission is absent from three successive meetings of the 6 7 8 9 10 11 12 13 18 19 23 appointed for terms of four years. If a vacancy occurs otherwise than by expiration of term, it shall be filled by appointment by a majority vote of the council for the unexpired portion of the term of the member so vacating. The terms of ex officio members shall correspond to their respective official tenures. No ex officio member shall be entitled to a vote. Each member shall hold office until he is reappointed or his successor is appointed. (Ord. NS-676 §§ 1 (part), 2 (part), 2003; Ord. 1256 § 1, commission without cause, the planning director shall inform the mayor of such absence, who may therewith remove the member from the commission without further notice. (Ord. NS-676 § 2 (part), 2003; Ord. 1261 § 2, 1983: Ord. 1020 § 3) 2.24.040 Regular and adjourned meetings.* A regular meeting shall be held at least once a month, or more often if the planning commission may by rule adopt. Any meeting held pursuant to rule of the planning commission, or any special meeting advertised as a public hearing, shall be deemed a regular meeting. The commission may adjourn any regular meeting from time to time to meet at a time and place specified at the regular meeting and any such adjourned meeting shall be deemed to be a regular meeting. (Ord. 1020 § 4) * For provisions on attendance of city manager at commission meetings, see § 2.12.125 of this code. 2.24.050 Officers-Rule adoption-Records. The planning commission shall elect from among its appointed members a chairman and vice- chairman to serve for a term of one year. It shall adopt rules for the transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall 14 15 , be a public record. (Ord. 1157 § 2, 1973: Ord. 1020 § 5) 16 2.24.060 Duties. 17 In addition to the duties specified by this chapter, the planning commission shall perform the duties and have all the rights, powers and privileges specified and provided for by city or state law. For the village review area, the planning commission shall be responsible for the administration of, and shall carry out the duties specified in Chapter 21.35 and 21.81 of the Carlsbad Municipal Code (Ord. 9424 § 1, 1975: Ord. 1020 § 6) 20 2.24.065 General plan conformance-Time for or waiver of report. 21 (a) The planning commission shall report as to conformity to the general plan as required pursuant to Section 65402 of the Government Code. When such report is required as the result of a proposed division of land or some other project for which planning commission action is required, it may be included as part of and at the same time as the action taken by the planning commission on such proposed division of land or other project. 24 (b) Pursuant to subdivision (a) of Section 65402 of the Government Code, a report as to conformity to the general plan is not required for a proposed subdivision or other project which involves (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions or abandonments for street widening, or alignment projects are of a minor nature, (Ord. 9424 § 2, 25 26 27 1975) 28 1 2.24.070 Quorum and vote. 2 (a) Four members of the planning commission shall constitute a quorum for the transaction of business. 3 (b) Except when otherwise provided by law, a majority vote of the quorum shall be required for any 4 amendment shall be made by at least four affirmative votes. 5 (c) Tie votes shall constitute "no action," and the matter voted upon remains before the commission 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 planning commission action, provided that a recommendation for approval of a general plan and is subject to further commission consideration. If the commission is unable to take action on a matter before it because of a tie vote, the matter shall be again considered at the next regular commission meeting. If the matter receives a tie vote at the subsequent meeting, the matter shall be deemed denied. (d) Every commissioner should vote unless disqualified by reason of conflict of interest. A commission who abstains from voting acknowledges that a majority of the quorum may decide the question voted upon. (Ord. NS-135 § 1,1991; Ord. 1247 § 1,1982; Ord. 1244 § 1, 1982: Ord. 1159 §1,1973) Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the Village. 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 II 28 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 RONALD R. BALL, City Attorney !r ATTEST: / toR (SEALr M. WOOD, City Cle\y