HomeMy WebLinkAbout2010-02-23; City Council; 20134; Ordinance Amendinf Carlsbad Municipal Code Sections 21.81.150a and f Regarding Application for Emergency Permits in Village Review ZoneCITY OF CARLSBAD - AGENDA BILL
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MTG.
DEPT.
20,134
2/23/10
CA
Ordinance Amending Carlsbad
Municipal Code Sections 21.81.150(a)
and (f) Regarding Applications for
Emergency Permits in Village Review
Zone
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce Ordinance No. cs-078 amending Carlsbad Municipal Code section 21.81.150(a)
and (f) regarding applications for emergency permits in the Village Review Zone.
ITEM EXPLANATION:
The authority for issuance of emergency permits in the Coastal Zone is derived from the
California Coastal Act of 1976. In cases of emergency, Public Resources Code section
30624(a) provides that where the coastal development permit authority has been delegated to a
local government pursuant to PRC section 30600.5, the Commission shall provide for the
issuance of a coastal development permit by an appropriate local official designated by
resolution of the local government without compliance with the procedures specified in the
chapter. The designated official shall thereafter report in writing to the governing body of the
local agency pursuant to PRC 30624(c) and California Code of Regulations section 13329.4(a)
the nature of the emergency and the work involved. The report of the local official shall be
informational only.
Carlsbad Municipal Code section 21.81.150(f) currently provides that the Planning Director, the
official designated to issue emergency coastal development permits, shall report to the
Planning Commission rather than the governing body of the local agency. The proposed
amendment would mirror the provisions of the State Coastal Act and Carlsbad Municipal Code
sections 21.80.170(g) and 21.201.190(E) which were previously amended to coincide with state
law. This amendment provides that the Planning Director shall report in writing to the City
Council at its first scheduled meeting after issuance of an emergency permit.
FISCAL IMPACT:
None.
DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov
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WITHDRAWN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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ENVIRONMENTAL IMPACT:
The proposed action has no potential for resulting in either a direct physical change in the
environment or a reasonably foreseeable 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-078
2. RedlineofCMC21.81.150(a)and(f)
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ORDINANCE NO. CS-078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE SECTIONS 21.81.150(a) and (f)
4 REGARING APPLICATIONS FOR EMERGENCY
PERMITS IN THE VILLAGE REVIEW ZONE
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The City Council of the City of Carlsbad ordains as follows:
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SECTION I: That Carlsbad Municipal Code Sections 21.81.150(a) and
(f) are amended to read as follows:
21.81.150 - Application 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.
(f) The director shall report, in writing, 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. Copies of this report shall be available at the 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
16 emergency permit is solely at the discretion of the director subject to the provisions
of this chapter.
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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.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 23rd day of February, 2010, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2010, 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
21.81.150 - Application 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.
(f)The director shall report, in writing, to the planning commission city council, at its first
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 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 emergency permit is solely at the
discretion of the director subject to the provisions of this chapter.