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HomeMy WebLinkAbout2009-09-22; City Council; 19970; Amending the CMC coastal development permitsCITY OF CARLSBAD - AGENDA BILL y/' AB# 19,970 MTG. 09/22/09 DEPT. Clerk AMENDMENT OF CARLSBAD MUNICIPAL CODE REGARDING EMERGENCY COASTAL DEVELOPMENT PERMITS DEPT. HEAD ^> CITY ATTY. ^~ CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-054, amending the Carlsbad Municipal Code, Sections 21.201.190(E) and 21.80.170(g), setting forth procedures for granting an emergency Coastal Development Permit. ITEM EXPLANATION: Ordinance No. CS-054 was introduced and first read at the City Council meeting held on September 15, 2009. The second reading allows the City Council to adopt the ordinance which will become effective thirty days after adoption. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,957 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-054. DEPARTMENT CONTACT: Karen R. Kundtz (760) 434-2808, karen.kundtz@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED Q DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 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 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 OF EMERGENCY COASTAL DEVELOPMENT PERMITS WHEREAS, the City's authority for the issuance of development 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 section 30624 and California Code of Regulations section 13329.4(a); and WHEREAS, the City Council of the City of Carlsbad desires to amend 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: 1. That the above recitations are true and correct. 2. That Carlsbad Municipal Code Section 21.201.190(E) is amended to read as follows: "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 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 for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 21.201." 3. That Carlsbad Municipal Code Section 21.80.170(g) is amended to read as follows: "(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 accordance with the procedures set forth in Chapter 21.80." EFFECTIVE DATE: This ordinance shall be effective thirty days after 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. 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 15th day of September, 2009, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 22nd day of September, 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 *^*' & ROloR. BALL, City Attorney k LEWIS, Mayor ATTEST: ^MJlT^ LORRAINE M?vV66lM^tyu£Jerk 'T (SEAL) -f*