HomeMy WebLinkAbout2009-09-15; City Council; 19957; Amending CMC sections 21.201.190E and 21.80.170GCITY OF CARLSBAD - AGENDA BILL
AB# 19,957
MTG. 09/15/09
DEPT. CA
Ordinance Amending Carlsbad
Municipal Code Sections 21.201.190(E)
_.__• f\A rt/1 «f7/)/«*.l O.««44;M.M. C»«M4I« 4f*««and 21.80.170(g) Setting Forth the
Procedure for Grant of An Emergency
Coastal Development Permit.
DEPT. HEAD ^
CITY ATTY. ^t^
CITY MGR. i^
RECOMMENDED ACTION:
CS-054 amending Carlsbad Municipal Code sectionsIntroduce Ordinance
21.201.190(E) and 21.80.170(g) setting forth the procedures for granting an emergency coastal
development permit.
ITEM EXPLANATION:
From time to time, it is necessary to revise City Ordinances to coincide with applicable state law
particularly in this instance where the authority for City issuance of permits in the Coastal Zone
is derived from the California Coastal Act of 1976 (Public Resources Code section 30000 et
seq.). The Coastal Act, in Public Resources Code section 30624(a), states that the
Commission shall provide for the issuance of a coastal development permit where the coastal
development permit authority has been delegated to a local government pursuant to section
30600.5, by an appropriate local official designated by resolution of the local government,
without compliance with the procedures specified in the chapter in cases of emergency.
Public Resources Code section 30624(c) provides that "[a]ny permit issued by local officials
pursuant to provisions of this section shall be scheduled on the agenda of the governing body
of the local agency at its first scheduled meeting after the permit has been issued. If, at that
meeting one-third of the members of that governing body so request, the permit issued by the
local official shall not go into effect and the application for a coastal development permit shall be
processed by the local government pursuant to Section 30600.5."
The proposed amendments to the Carlsbad Municipal Code revision to sections 21.201.190(E)
and 21.80.170(g) providing for issuance of a coastal development permit in cases of emergency
are intended to mirror the provisions of the State Coastal Act. Currently, the Municipal Code
provides that the Planning Director shall report to the Planning Commission rather than the
local governing body as provided for in the Public Resources Code and California Code of
Regulations section 13329.4(a). The proposed amendments would provide that the Planning
Director shall report, in writing, to the City Council at its first scheduled meeting, after the
emergency permit has been issued. If at that meeting, one-third of the City Council members
so request, the permit issued by the Planning Director shall not go into effect and the
application for a coastal development permit shall be processed through the Planning Director
or Planning Commission as a non-emergency coastal development in accordance with the
provisions of Chapters 21.201 and 21.80 relating to coastal development permits.
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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FISCAL IMPACT:
The proposed procedural amendments to the Carlsbad Municipal Code will not result in any
discemable cost to the City.
ENVIRONMENTAL IMPACT:
The proposed action has no potential for resulting in either a direct physical change in the
environment or a reasonably forseeable indirect physical change in the environment and
therefore is not a "project" within the definition of that term under the California Environmental
Quality Act (Pub.Res. Code section 21065).
EXHIBITS:
1. Ordinance No. - cs-054
2. Redline Versions of Municipal Code Sections 21.201.190 and 21.80.170.
3. Amended Versions of Municipal Code Sections 21.201.190 and 21.80.170.
4 OF EMERGENCY COASTAL DEVELOPMENT PERMITS
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WHEREAS, the City's authority for the issuance of development
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ORDINANCE NO. CS-054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS
21.201.190 AND 21.80.170 OF THE CARLSBAD MUNICIPAL
CODE SETTING FORTH PROCEDURES FOR THE ISSUANCE
permits within the Coastal Zone is derived from the California Coastal Act (Public
Resources Code section 30000 et seq.); and
WHEREAS, Carlsbad Municipal Code sections 21.201.190 and
21.80.170 setting forth the procedures for the issuance of emergency coastal
development permits differ from the State Law found in Public Resources Code
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section 30624 and California Code of Regulations section 13329.4(a); and
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WHEREAS, the City Council of the City of Carlsbad desires to amend
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the Carlsbad Municipal Code so that it mirrors state law on the subject of the
issuance of emergency coastal development permits.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
19 1. That the above recitations are true and correct.
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2. That Carlsbad Municipal Code Section 21.201.190(E) is amended to read
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as follows:22
"E. The director shall report, in writing, to the coastal commission
through its executive director and to the City Council at its first
scheduled meeting after the emergency permit has been issued, the
nature of the emergency and the work involved. The report of the
director shall be informational only; the decision to issue an emergency
permit is solely at the discretion of the director subject to the provisions
of this section. Copies of this report shall be available at the meeting
and shall be mailed to all persons who have requested such notification
in writing. If at that meeting, one-third of the City Council so request, the
permit issued by the director shall not go into effect and the application
for a coastal development permit shall be processed in due course in
accordance with the procedures set forth in Chapter 21.201."
3 3. That Carlsbad Municipal Code Section 21.80.170(g) is amended to read
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as follows:
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"(g) The director shall report, in writing, to the coastal commission
through its executive director and to the City Council, at its first
scheduled meeting after the emergency permit has been issued, the
nature of the emergency and the work involved. The report of the
director shall be informational only; the decision to issue an emergency
permit is solely at the discretion of the director subject to the provisions
of this section. Copies of this report shall be available at the meeting
and shall be mailed to all persons who have requested such notification
in writing. If at that meeting, one-third of the City Council so request, the
permit issued by the director shall not go into effect and the application
for a coastal development permit shall be processed in due course in
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EFFECTIVE DATE: This ordinance shall be effective thirty days after14
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accordance with the procedures set forth in Chapter 21.80."
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 15th day of September. 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2009, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
21.201.190 Application 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.
B. The following information shall be included in the request:
1. Nature of emergency;
2. Cause of the emergency, insofar as this can be established;
3. Location of the emergency;
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.
C. The director shall verify the facts, including the existence of the nature of the
emergency, insofar as time allows.
D. The director may grant an emergency permit upon reasonable terms and conditions,
including an expiration date and the necessity for a regular permit application later, if the director finds
that:
1. An emergency exists that requires action more quickly than permitted by the
procedures for minor coastal 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.
E. The director shall report, in writing, to the Executive Director of planning commission
Coastal Commission and to the City Council at its first scheduled meeting after the emergency permit
has been issued, the nature of the emergency and the work involved. The report of the director shall be
informational only; the decision to issue an emergency permit is solely at the discretion of the director
subject to the provisions of this sectionchapter. Copies of this report shall be available at the meeting
and shall be mailed to all persons who have requested such notification in writing. If at that meeting,
more than one-third of the members of the City Council so request, the permit issued by the director
shall not go into effect and the application for a coastal development permit shall be processed in due
course in accordance with the procedures set forth in Chapter 21.201. The report of the director shall be
informational only; the decision to issue an emergency permit is solely at the discretion of the director
subject to the provisions of this sectionchaptep.
F. Any request for an emergency permit within the Coastal Commission area of original
jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for review and
issuance.
(Ord. NS-365 8 20 (part), 1996)
21.80.170 Applications for emergency permits.
(a) Applications in case of emergency shall be made by letter to the planning 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.
(b) The following information shall be included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(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.
(c) The director shall verify the facts, including the existence and the nature of the
emergency, insofar as time allows.
(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.
(e) The director may grant an emergency permit upon reasonable terms and conditions,
including an expiration date and the necessity for a regular permit application later, if the director finds
that:
(1) An emergency exists that requires action more quickly than permitted by the
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.
(f) The director shall not issue an emergency permit for any work that falls within the
provisions of Public Resources Code, Sections 30159(b) and 3060 1.
(g) The director shall report, in writing, to the Executive Director of the cCoastal
cCommission and to the City Council planning commission, at its first scheduled meeting after the
emergency permit has been issued, the nature of the emergency and the work involved. The report of
the director shall be informational only; the decision to issue an emergency permit is solely at the
discretion of the director subject to the provisions of this Chapter. Cause of the emergency, insofar as
this can be established; Copies of this report shall be available at the meeting and shall be mailed to all
persons who have requested such notification in writing. If at that meeting more than one-third of the
members of the City Council so request, the permit issued by the director shall not go into effect and the
application for a coastal development permit shall be processed in due course in accordance with the
procedures set forth in Chapter 21.80. The report of the director shall be informational only; the
decision to issue an emergency permit is solely at the discretion of the director subject to the Cause of
the emergency insofar as this can be established.
21.201.190 Application 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.
B. The following information shall be included in the request:
1. Nature of emergency;
2. Cause of the emergency, insofar as this can be established;
3. Location of the emergency;
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.
C. The director shall verify the facts, including the existence of the nature of the
emergency, insofar as time allows.
D. The director may grant an emergency permit upon reasonable terms and conditions,
including an expiration date and the necessity for a regular permit application later, if the director finds
that:
1. An emergency exists that requires action more quickly than permitted by the
procedures for minor coastal 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.
E. The director shall report, in writing, to the Executive Director of Coastal Commission and
to the City Council at its first scheduled meeting after the emergency permit has been issued, the nature
of the emergency and the work involved. The report of the director shall be informational only; the
decision to issue an emergency permit is solely at the discretion of the director subject to the provisions
of this section. Copies of this report shall be available at the meeting and shall be mailed to all persons
who have requested such notification in writing. If at that meeting, more than one-third of the
members of the City Council so request, the permit issued by the director shall not go into effect and the
application for a coastal development permit shall be processed in due course in accordance with the
procedures set forth in Chapter 21.201.
lo
F. Any request for an emergency permit within the Coastal Commission area of original
jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for review and
issuance.
(Ord. NS-365 8 20 (part), 1996)
21.80.170 Applications for emergency permits.
(a) Applications in case of emergency shall be made by letter to the planning 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.
(b) The following information shall be included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(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.
(c) The director shall verify the facts, including the existence and the nature of the
emergency, insofar as time allows.
(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.
(e) The director may grant an emergency permit upon reasonable terms and conditions,
including an expiration date and the necessity for a regular permit application later, if the director finds
that:
(1) An emergency exists that requires action more quickly than permitted by the
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.
(f) The director shall not issue an emergency permit for any work that falls within the
provisions of Public Resources Code, Sections 30159(b) and 30601.
(g) The director shall report, in writing, to the Executive Director of the Coastal Commission
and to the City Council, at its first scheduled meeting after the emergency permit has been issued, the
nature of the emergency and the work involved. The report of the director shall be informational only;
the decision to issue an emergency permit is solely at the discretion of the director subject to the
provisions of this Chapter. Copies of this report shall be available at the meeting and shall be mailed to
all persons who have requested such notification in writing. If at that meeting more than one-third of
the members of the City Council so request, the permit issued by the director shall not go into effect and
the application for a coastal development permit shall be processed in due course in accordance with
the procedures set forth in Chapter 21.80.
J3
S(
SEP 1 5 2009 uj MEMORANDUM
FOR THE INFORMATION OF
THE CITY COUNCIL
DATE CITY ATTORNEY
MAYOR AND CITY COUNCIL
FROM:CITY ATTORNEY
RE: ITEM # 4 - GRANT OF AN EMERGENCY COASTAL DEVELOPMENT PERMIT
It is recommended that Ordinance CS-054 be amended on its face to require the
Planning Director to report to the Coastal Commission through its executive director
rather than directly to the Coastal Commission. This would allow the executive director
of the Coastal Commission to arrange for the required notice and processing of a
Coastal Commission meeting rather than requiring the Planning Director to do so. In
order to do that, the first sentence of Carlsbad Municipal Code section 21.201.190(E)
would be amended to read (changes underlined):
"E. The director shall report, in writing, to the Coastal Commission through
its executive director and to the City Council at its first scheduled meeting
after the emergency permit has been issued, the nature of the emergency
and the work involved
Corresponding changes would be made to section 21.80.170(g).
Should you have any questions regarding the above, please do not hesitate to contact
me.
RONALD R. BALL
City Attorney
rn
c:City Clerk
City Manager
Planning Director