HomeMy WebLinkAbout2013-04-02; City Council; 21183; California Coastal Commission Suggested Modifications to Nonconforming Buislings and Uses Ordinances ZCA 09-01A LPCA 09-01ACITY OF CARLSBAD - AGENDA BILL 10
21.183
4-2-13
CED
CALIFORNIA COASTAL COMMISSION
SUGGESTED MODIFICATIONS TO
NONCONFORMING BUILDINGS AND USES
ORDINANCE
ZCA 09-01 (A)/LPCA 09-01 (A)
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-212 . APPROVING
an amendment to the Zoning Ordinance (ZCA 09-01 (A)), thereby ACCEPTING and ADMINISTERING
the Coastal Commission's suggested modification to the City of Cartsbad Local Coastal Program
(LCPA 09-01 (A)), as related to the City's Non-conforming Buildings and Uses Ordinance.
ITEM EXPLANATION:
In December 2008, the City Council directed staff to undertake an amendment to the Nonconforming
Buildings and Uses - Chapter 21.48 of the Zoning Ordinance with the specific objective of allowing
existing over-density (nonconforming) residential uses and other nonconforming structures throughout
the City and specifically within the Barno Area to be repaired, altered or replaced. The majority of
nonconforming uses and structures consist of over-density residential properties or nonconforming
residential structures which are older and in need of refurbishment that are located within the
northwest quadrant of the City.
On August 18, 2009, the City Council adopted an amendment to the Zoning Ordinance and Local
Coastal Program to repeal and replace the Nonconforming Buildings and Uses - Chapter 21.48 and
amend other Chapters (21.04 - Definitions, 21.46 - Yards and 21.44 - Parking). The approved
amendments allow: 1) nonconforming structures and uses to be repaired or altered, 2) nonconforming
residential and non-residential structures and nonconforming residential uses to expand by a new
administrative Nonconforming Construction Permit, and 3) the expansion or replacement of
nonconforming non-residential uses by Conditional Use Permit. It is anticipated that the new
ordinance will encourage property owners to repair, update or replace nonconforming residential
structures or uses. In short, the new ordinance will stimulate property reinvestment.
Since the Zoning Ordinance is an implementing ordinance of the Cartsbad Local Coastal Program,
approval of the amendment required the review and approval of the California Coastal Commission
before it could become effective.
On March 7, 2013, the Coastal Commission certified the amendments conditioned upon the city
making changes, or "suggested modifications." This certification, and thus the amended
Nonconforming Buildings and Uses Ordinance, will not become effective until (1) the City Council
accepts and administers the suggested modification and (2) the city's approval of the modification is
reported to the Coastal Commission and confirmed by its Executive Director.
Since the time that the City Council approved ZCA 09-01, City staff requested of Coastal Commission
staff that a minor revision to the public noticing requirements be incorporated into the amended
Nonconforming Buildings and Uses ordinance and this is the subject of the Coastal Commission's
DEPARTMENT CONTACT: Chris DeCerbo 760-602-4611 chris.decerbo(S?carlsbadca.gov
FOR CITY CLERK'S USE ONLY.
COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES Introduced
AMENDED • Ordinance
Page 2
suggested modification. The suggested modification (shown in stnke-out/undertine below) would
amend Subsection 21.48.080.G.1, Nonconforming Construction Permit, to require that noticing of a
decision on a nonconforming construction permit shall also be provided to any person who requested
or spoke at an informal hearing for a nonconforming construction permit, and any person who has
filed a written request for a notice of decision.
21.48.080.G Mailing of Notice of Decision.
1. Not later than seven days following the announcement of a decision ordering that a
nonconforming construction permit be granted or denied, a copy of the letter shall be mailed to
the applicant at the address shown on the application filed with the planning directorr and to
anv person who reguested or spoke at an informal hearing for a nonconforming construction
permit, and anv person who has filed a written reguest for a notice of decision.
FISCAL IMPACT:
The fiscal impact is negligible to provide additional notice to persons interested in the nonconforming
construction permit and to process future development proposals subject to the amended noticing
procedure.
ENVIRONMENTAL IMPACT:
On August 11, 2009, the City Council adopted a Negative Declaration for ZCA 09-01 and LCPA 09-01
- Nonconforming Buildings and Uses Ordinance Revision (Resolution No. 2009-211). The proposed
modifications do not create any new significant environmental effects that were not previously
identified. No additional environmental review is required.
EXHIBITS:
1. Citv Council Ordinance No. CS-212 .
2. Underiine/Strikethrough of Ordinance
EXHIBIT 1
1 ORDINANCE NO. CS-212
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A ZONE CODE
3 AMENDMENT AND LOCAL COASTAL PLAN AMENDMENT TO
MODIFY THE STANDARDS IN MUNICIPAL CODE CHAPTER
4 21.48 (NONCONFORMING BUILDINGS AND USES), AND
THEREBY ACCEPTING AND ADMINISTERING THE
5 CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS TO LCPA 09-01.
6 CASE NAME: NONCONFORMING BUILDINGS AND USES
ORDINANCE SUGGESTED MODIFICATIONS
7 CASE NO.: ZCA 09-01 (AVLCPA 09-01 (A)
8 WHEREAS, the Planning Commission did on June 17, 2009 and July 1, 2009,
9 hold duly noticed public hearings as prescribed by law to consider Zone Code Amendment (ZCA
10 09-01) and Local Coastal Program Amendment (LCPA 09-01) to repeal and reenact the
11 Nonconforming Buildings and Uses Chapter 21.48 of the Zoning Ordinance; and
12 WHEREAS, the Planning Commission adopted resolutions No. 6574 and 6575,
1 ^ recommending to the City Council approval of ZCA 09-01 and LCPA 09-01; and
14 WHEREAS, the City Council, on August 11, 2009, held a duly noticed public
1^ hearing as prescribed by law to consider ZCA 09-01 and LCPA 09-01, and introduced
1^ Ordinance No. CS-050 to approve ZCA 09-01, and adopted Resolution No. 2009-211, to
^ ^ approve LCPA 09-01; and
1^ WHEREAS, the City Council, on August 18, 2009, passed, approved and
adopted Ordinance No. CS-050; and
2^ WHEREAS, the approval of both Ordinance No. CS-050 and Resolution No.
^ ^ 2009-211 is subject to Coastal Commission approval (certification) of LCPA 09-01; and
WHEREAS, on March 7, 2013, the California Coastal Commission approved
LCPA 09-01 conditioned upon the city making certain changes, or "suggested modifications,"
and
WHEREAS, accepting and administering the California Coastal Commission's
suggested modifications, as set forth in this ordinance, is necessary to comply with the
California Coastal Act and California Administrative Code; and
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1 WHEREAS, the California Coastal Commission suggested modifications are
2 minor revisions to the public noticing requirements for nonconforming construction permits
3 rather than substantial modifications as described in Zoning Ordinance Section 21.52.050 B.2
4 and therefore do not require further review by the City's Planning Commission
5 NOW, THEREFORE, the City Council of the City of Carisbad does ordain as
6 follows:
7 SECTION 1: That Section 21.48.080 G.l. of the Carlsbad Municipal Code, as
8 previously approved pursuant to Ordinance No. CS-050, is modified to read as follows:
^ G. Mailing of Notice of Decision.
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J y EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption;
J g and the city clerk shall certify the adoption of this ordinance and cause the full text of the ordinance
or a summary of the ordinance prepared by the City Attorney to be published at least once in a
newspaper of general circulation in the City of Carisbad within fifteen days after its adoption.
2j {Notwithstanding the preceding, this ordinance shall not be effective until approved by the
22 California Coastal Commission.)
23 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City
24 Council on the 2nd day of April 2013, and thereafter
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1. Not later than seven days following the announcement of a
decision ordering that a nonconforming construction permit be granted or denied, a copy of the
letter shall be mailed to the applicant at the address shown on the application filed with the
planning director and to any person who requested or spoke at an informal hearing for a
nonconforming construction permit, and any person who has filed a written request for a notice
of decision.
-a
1 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
2 Carisbad on the day of ^2013, by the following vote, to wit:
3 AYES:
4 NOES:
5 ABSENT:
6 ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
10 CELIA A. BREWER, City Attorney
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EXHIBIT 2
Title 21
ZONING
Chapter 21.04
DEFINITIONS
21.04.027 Alter.
"Alter" means any change to the interior or exterior of a structure that does not result in
an increase to the gross floor area of the structure.
21.04.140.1 Expansion.
"Expansion" means to enlarge or increase the size of an existing structure or use
including the physical size ofthe property, building, parking and other improvements.
21.04.275 Nonconforming structure.
"Nonconforming structure" means a structure, or portion thereof, which was lawfully
erected or altered and maintained, but which, because ofthe application ofthis title to it, no
longer conforms to the current requirements and development standards of the zone in which it
is located. (Ord. 9060 § 254)
21.04.278 Nonconforming lot.
"Nonconforming lot" means a lot which was legally created, but which, because of the
application of this title to it, no longer conforms to the current requirements and development
standards ofthe zone in which it is located.
21.04.280 Nonconforming non-residential use.
"Nonconforming non-residential use" means a non-residential use which was lawfully
established and maintained, but which, because of the application of this title to it, no longer
conforms to the current use regulations ofthe zone in which it is located.
21.04.281 Nonconforming residential use.
"Nonconforming residential use" means a residential use which was lawfully established
and maintained, but which exceeds the Growth Management Control Point or the maximum
density range of the underlying General Plan Land Use designation
21.04.299.1 Repair.
"Repair" means any improvements to correct deficiencies in a building or structure.
21.04.299.2 Replace.
"Replace" means to construct a structure that is substantially equivalent in size, shape
and location to a structure that has been destroyed or demolished.
21.04.354 Structure.
"Structure" means anything constructed or erected which requires location on the ground
or attached to something having a location on the ground, but not including fences or walls used
as fences six feet or less in height. All buildings are structures.
(Ord. 9060 § 269)
21.04.355 Substandard lot.
See "Nonconforming lot".
Chapter 21.44
PARKING
21.44.010 Required off-street parking.
A. Off-street parking, designed in accordance with the requirements of this chapter,
shall be provided for:
1. All newly constructed buildings;
2. Additions to existing buildings, except for:
a. An existing single family residence which does not meet the required parking
standard (i.e. a two car garage) may expand floor area if a minimum of two off-
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street parking spaces are provided on-site in a location consistent with Section
21.44.060.
3. Any change of use within an existing building.
Chapter 21.45
PLANNED DEVELOPMENTS
21.45.090 Residential additions and accessory uses
A. General.
1. Additions and accessory uses shall be subject to all applicable development
standards of this chapter, unless othenA/ise specified in this section.
2. Additions to buildings that are legally nonconforming shall comply with the
requirements of Chapter 21.48 of this code.
Chapter 21.48
NONCONFORMING LOTS, STRUCTURES AND USES
Sections:
21.48.010 Purpose and intent.
21.48.020 Applicability.
21.48.030 General provisions.
21.48.040 Nonconforming lots.
21.48.050 Nonconforming residential structures and uses.
21.48.060 Nonconforming non-residential structures.
21.48.070 Nonconforming non-residential uses.
21.48.080 Nonconforming construction permit.
21.48.090 Abatement of nonconforming structures and uses.
21.48.010 Purpose and intent.
A. The purpose and intent of this chapter is to:
1. Allow for the development of nonconforming lots that were legally created.
2. Establish procedures for the abatement of structures and uses that do not
comply with all of the requirements and development standards of this title and which may be
adverse to the orderiy development of the city and to the public health, safety, or welfare of
persons or property.
3. Permit the continuation of uses and continued occupancy and maintenance of
structures that were legally established but do not comply with all of the requirements and
development standards of this title, in a manner that is not adverse to the public health, safety or
welfare of persons or property.
4. Permit the repair, alteration, expansion or replacement of nonconforming
structures subject to the requirements of this chapter.
5. Permit the expansion or replacement of nonconforming uses subject to the
requirements of this chapter.
21.48.020 Applicability.
A. The provisions of this chapter apply to:
1. Legally created lots which do not conform to the current requirements and
development standards of the zone in which they are located.
2. Legally constructed structures and site development features (except for
nonconforming signs which are addressed in Section 21.41.130) which do not comply with the
current requirements and development standards of the zone in which they are located.
3. Legally established uses which do not conform to the current permitted use
regulations of the zone in which they are located.
21.48.030 General provisions.
A. It shall be the responsibility of the owner of a nonconforming lot, structure or use
to prove to the planning director that such lot, structure or use was lawfully established, existed
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on the date of adoption or amendment of this chapter, and has existed continuously as defined
herein.
B. Nothing in this chapter shall be deemed to prevent the rehabilitation, repair,
alteration, strengthening or restoring to a safe condition of any structure or part thereof declared
to be unsafe by any city official charged with protecting the public safety, upon order of such
official. Repairs and alterations may be made to restore a structure to the same condition that
existed prior to damage or deterioration, provided that such repairs or structural alterations
conform to the provisions of this chapter.
21.48.040 Nonconforming lots.
A. A nonconforming lot may be developed, provided that the development is
consistent with the General Plan and complies with all of the requirements and development
standards ofthe zone, master plan, or specific plan in which it is located.
21.48.050 Nonconforming residential structures and uses.
A. Specific Provisions.
1. A nonconforming residential structure and/or nonconforming residential use may
be continued and the structure and/or use repaired, altered, expanded or replaced in
accordance with the provisions of this chapter provided that the repair, alteration, expansion or
replacement does not:
a. Result in an additional structural nonconformity; and,
b. Increase the degree of the existing nonconformity of all or part of such structure
or use (i.e. the addition of a new dwelling unit to an existing over density
residential use except as otherwise allowed by the General Plan); and,
c. Reduce the number and size of any required existing parking spaces.
2. Any expansion of floor area or the addition of a new dwelling unit that results in
an increase in parking demand, pursuant to chapter 21.44, shall provide additional parking to
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satisfy the increase in parking demand, in compliance with the parking requirements of Chapter
21.44.
3. An existing single family residence which does not meet the required parking
standard (i.e. a two car garage) may expand floor area if a minimum of two off-street parking
spaces are provided on-site in a location consistent with Section 21.44.060(4).
B. Repair or Alteration.
1. A nonconforming residential structure and/or a structure which is occupied by a
nonconforming residential use may be repaired or altered, provided that the repair or alteration
complies with all current fire protection and building codes and regulations contained in Titles 17
and 18.
C. Expansion.
1. A nonconforming residential structure and/or a nonconforming residential use
may be expanded, so as to occupy a greater area of land or more floor area subject to issuance
of all required discretionary and building permits and provided that an application for a
nonconforming construction permit is submitted and the planning director approves the findings
of fact pursuant to Section 21.48.080(B).
2. Where a single-family residential structure is nonconforming only by reason of
substandard yards, the provisions of this chapter requiring a nonconforming construction permit
for an expansion shall not apply provided that:
a. The area of expansion is not more than 40% of the existing floor space prior to
the enlargement or a maximum of 640 square feet, whichever is less; and
b. The area of expansion, when combined with prior expansions of the
nonconforming structure, does not exceed 40% of the floor space that existed prior to any
expansions or 640 square feet, whichever is less; and
c. The area of expansion shall comply with all current development standards
including, but not limited to, setbacks, lot coverage and height limitations; and
d. Expansions that exceed the limits of this exception shall require a nonconforming
construction permit.
D. Replacement in the Event of a Disaster.
1. A nonconforming residential structure and/or nonconforming residential use that
is destroyed by fire, explosion, or other casualty or natural disaster, may be replaced subject to
issuance of all required discretionary and building permits and provided that an application for a
nonconforming construction permit is submitted within two years of the date of the disaster and
the planning director approves the findings of fact pursuant to Section 21.48.080(B). The
planning director may grant an extension to the above two-year application submittal limit upon
demonstration of good cause by the applicant.
E. Voluntary Demolition and Subsequent Replacement.
1. A nonconforming residential structure and/or nonconforming residential use that
is proposed to be voluntarily demolished may be replaced subject to issuance of all required
discretionary and building permits and provided that an application for a nonconforming
construction permit is submitted and the planning director approves the findings of fact pursuant
to Section 21.48.080(B) priorto the date ofthe demolition.
21.48.060 Nonconforming non-residential structures.
A. Specific Provisions.
1. A nonconforming non-residential structure may be continued and the structure
repaired, altered, expanded or replaced in accordance with the provisions of this chapter
provided that the repair, alteration, expansion or replacement does not:
a. Result in an additional structural nonconformity; and,
b. Increase the degree of the existing nonconformity of all or part of such structure;
and,
c. Reduce the number and size of any required existing parking spaces.
2. Any expansion of floor area that results in an increase in parking demand,
pursuant to chapter 21.44, shall provide additional parking to satisfy the increase in parking
demand.
B. Repair or Alteration.
1. A nonconforming non-residential structure may be repaired or altered subject to
issuance of all required discretionary and building permits, provided that the repair or alteration
complies with all current fire protection and building codes and regulations contained in Titles 17
and 18.
C. Expansion.
1. A nonconforming non-residential structure may be expanded, so as to occupy a
greater area of land or more floor area subject to issuance of all required discretionary and
building permits and provided that an application for a nonconforming construction permit is
submitted and the planning director approves the findings of fact pursuant to Section
21.48.080(B).
D. Replacement in the Event of a Disaster.
1. A nonconforming non-residential structure that is destroyed by fire, explosion, or
other casualty or natural disaster, may be replaced subject to issuance of all required
discretionary and building permits and provided that an application for a nonconforming
construction permit is submitted within two years of the date of the disaster and the planning
director approves the findings of fact pursuant to Section 21.48.080(B).
E. Voluntary Demolition and Subsequent Replacement.
1. A nonconforming non-residential structure that is proposed to be voluntarily
demolished may be replaced subject to issuance of all required discretionary and building
permits and provided that an application for a nonconforming construction permit is submitted
and the planning director approves the findings of fact pursuant to Section 21.48.080(B) prior to
the date of the demolition.
21.48.070 Nonconforming non-residential uses.
A. Specific Provisions.
1. A nonconforming non-residential use and/or structure which is occupied by a
nonconforming non-residential use may be continued and the structure and/or use repaired,
altered, expanded or replaced in accordance with the provisions of this chapter provided that
the repair, alteration, expansion or replacement does not:
a. Increase the degree of the existing nonconformity of all or part of such structure
or use; and,
b. Reduce the number and size of any required existing parking spaces.
2. Any expansion of a non-residential use and/or structure which is occupied by a
nonconforming non-residential use that results in an increase in parking demand, pursuant to
chapter 21.44, shall provide additional parking to satisfy the increase in parking demand.
B. Repair or Alteration.
1. A structure which is occupied by a nonconforming non-residential use may be
repaired or altered subject to issuance of all required discretionary and building permits,
provided that he repair or alteration complies with all current fire protection and building codes
and regulations contained in Titles 17 and 18.
C. Expansion of Use.
1. A nonconforming non-residential use may be expanded, so as to occupy a
greater area of land or more floor area within a structure, subject to issuance of all required
discretionary and building permits, provided that an application for a conditional use permit is
submitted and the planning commission approves the findings of fact pursuant to Section
21.42.030(A).
D. Relocation.
1. A nonconforming non-residential use may be moved, in whole or in part, to any
other on-site structure, or to any other portion of the structure, lot or site within or upon which it
is located, subject to issuance of all required discretionary and building permits and provided
that an application for a conditional use permit is submitted and the planning commission
approves the findings of fact pursuant to Section 21.42.030(A).
E. Change of Use.
1. A nonconforming non-residential use may be changed to a use that is permitted
in the zone in which the subject property is located, or may be changed to a use that is more
conforming, subject to approval of the planning director and the issuance of a business license.
F. Replacement of Use.
1. A nonconforming non-residential use may be replaced with the same or a similar
use, as determined by the planning director, so long as the replacement use does not expand or
in any other manner increase the degree of nonconformity with the use regulations ofthis title.
G. Discontinuance.
1. If a structure or parcel of land which is occupied by a nonconforming non-
residential use is, or hereafter becomes vacant and remains unoccupied for a continuous period
of one year or more, the planning director shall determine and shall notify the owner of the
property, in writing, that the nonconforming use has been discontinued and the nonconforming
use may not be renewed or reestablished.
H. Reestablishment of a Nonconforming Use in the Event of a Disaster.
I. A nonconforming non-residential use that is destroyed by fire, explosion, other
casualty or natural disaster, may be reestablished subject to issuance of all required
discretionary and building permits and provided that an application for a conditional use permit
is submitted within two years of the date of the disaster, and the planning commission approves
the findings effect pursuant to Section 21.42.030(A).
I. Voluntary Demolition and Subsequent Reconstruction.
1. A nonconforming non-residential use that is proposed to be voluntarily
demolished and subsequently reconstructed, may be reestablished subject to issuance of all
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required discretionary and building permits and provided that an application for a conditional use
permit is submitted and the planning commission approves the findings of fact pursuant to
Section 21.42.030(A) priorto the demolition.
21.48.080 Nonconforming construction permit.
A. Authority.
1. The planning director or his designee may approve, conditionally approve or
deny a nonconforming construction permit as prescribed in this chapter, upon making the
findings effect listed in Section 21.48.080(B) ofthis chapter.
B. Findings of Fact.
1. A nonconforming construction permit shall be granted only if the following facts
are found to exist in regard thereto:
a. The expansion/replacement of the structure and/or use would not result in an
adverse impact to the health, safety and welfare of surrounding uses, persons or
property.
b. The area of expansion shall comply with all current requirements and
development standards of the zone in which it is located, except as provided in
Subsection 21.48.050(A)(3) ofthis chapter.
c. The expansion/replacement structure shall comply with all current fire protection
and building codes and regulations contained in Titles 17 and 18.
d. The expansion/replacement would result in a structure that would be considered
an improvement to, or complementary to and/or consistent with the character of
the neighborhood in which it is located.
C. Application and Fees.
1. Application for a nonconforming construction permit may be made by the owner
of the property affected or the authorized agent of the owner. Application shall be made in
writing on a form provided by the planning department. The application shall state fully the
circumstances and conditions relied upon as grounds for the application and shall be
accompanied by adequate plans, a legal description of the property involved and all other
materials as specified by the planning department.
2. At the time of filing the application, the applicant shall pay a processing fee in an
amount as specified by city council resolution.
D. Notices.
1. Upon the filing of an application for a nonconforming construction permit, the
planning director shall give written notice by mail or personal delivery to the project applicant,
the owner of the subject real property or the owner's duly authorized agent and to all property
owners as shown on the latest equalized assessment roll within three hundred feet of the
subject property at least fifteen days prior to a decision on the application.
E. Decision-Making Process.
1. Applications for nonconforming construction permits shall be acted upon in
accordance with the decision process identified below:
a. Any person so notified in accordance with Section 21.48.080(D) above may file
written objections or a written request to be heard within ten days after the
mailing or personal delivery of the notice. If a written request to be heard is filed,
the planning director shall schedule an informal hearing and provide written
notice to the applicant and the requestor at least five days prior to the hearing.
The hearing is not a formal public hearing.
b. An application for a nonconforming construction permit may be approved,
conditionally approved or denied by the planning director based upon his/her
review of the facts as set forth in the application and review of the circumstances
of the particular case, and the planning director may only approve, or
conditionally approve, the nonconforming construction permit if all of the findings
of fact in Section 21.48.080(B) of this chapter are found to exist.
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F. Announcement of Findings and Decision.
1. Not more than twenty days following the termination of the proceedings for a
nonconforming construction permit, the planning director shall announce his/her findings by
letter. The letter shall recite, among other things:
a. The facts and reasons which, in the opinion of the planning director, make the
granting or denial of the nonconforming construction permit necessary to carry
out the provisions and general purpose of this title;
b. That the nonconforming construction permit be granted or denied; and,
c. If the letter orders that the nonconforming construction permit be granted, it shall
also recite such conditions and limitations as the planning director may impose.
G. Mailing of Notice of Decision.
1. Not later than seven days following the announcement of a decision ordering that
a nonconforming construction permit be granted or denied, a copy ofthe letter shall be mailed to
the applicant at the address shown on the application filed with the planning directorT and to anv
person who requested or spoke at an informal hearing for a nonconforming construction permit,
and anv person who has filed a written reguest for a notice of decision.
H. Appeals.
I. In the case of nonconforming construction permits, the action of the planning
director may be appealed to the planning commission in accordance with Section 21.54.140 of
this title. The planning commission's action to approve, conditionally approve or deny is final.
I. Expiration Period.
1. Expiration of Permit if Not Exercised.
a. Any nonconforming construction permit becomes null and void if not exercised
within twenty-four months of the date of approval.
2. Extension of Permit if Not Exercised.
a. Not more than ninety days or less than forty-five days prior to the expiration of a
nonconforming construction permit the permittee may apply to the planning
director for an extension of the permit. The planning director may extend the
time, without public notice, within which the right or privilege granted under a
nonconforming construction permit must be exercised for one additional year
upon receipt of a written request from the applicant prior to the expiration of such
nonconforming construction permit. In granting such extension the planning
director shall make a written finding that neighborhood conditions have not
substantially changed since the granting of such nonconforming construction
permit.
J. Amendment.
1. Any approved nonconforming construction permit may be amended by following
the same procedure as for approval of a nonconforming construction permit and upon payment
of the application fee contained in the most recent fee schedule adopted by the city council.
21.48.090 Abatement of nonconforming structures and uses.
A. If a nonconforming use and/or structure is determined by the planning director to
be adverse to the orderiy development of the city and/or to the public health, safety, or welfare
of persons or property, the planning director shall schedule a public hearing before the planning
commission to establish the conditions of abatement and the abatement period. The abatement
period shall start from the date of the applicable resolution and shall be:
1. For all Residential Uses.
a. Not less than one or more than five years.
2. For all Non-Residential Uses.
a. Not less than one or more than ten years.
3. For all Nonconforming Structures.
a. Not less than three years or more than twenty-five years.
1^
4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to
Section 6.16.150 ofthe Carisbad Municipal Code.
B. Public Hearing Notice.
1. Notice of said public hearing shall be given as required by Section 21.54.060.
C. Public Hearing Evidence.
1. The planning commission shall consider at the public hearing, all pertinent data
to enable it to arrive at an equitable abatement period which will protect the public health, safety
or welfare of persons or property, yet will allow the owner of record, or lessee if applicable,
sufficient time to amortize their investment.
B. The owner or lessee shall be allowed to present any evidence related to the case.
C. When setting the abatement period, the planning commission shall take into
consideration the type of construction, age, condition, and extent of nonconformity of the
structure or use in question; any structural alterations or expansions; and/or the installation of
major equipment designed into the structure priorto the date of nonconformity.
D. Hearing Decision.
1. After the close of the public hearing, the planning commission shall determine
and establish by resolution the abatement period, and shall set forth in said resolution all
findings and facts upon which the date of such abatement period is based.
E. Notice of Decision to Owner.
1. The secretary of the planning commission shall formally notify the owner of the
property of the action of the planning commission by mailing a copy of the resolution, via
certified return receipt mail, within ten days following the date of its adoption by the planning
commission.
F. Appeal.
1. The above action of the planning commission shall be final unless an appeal to
the city council is filed in accordance with the procedure provided in Section 21.54.150.
u
G. Recordation.
1. The secretary of the planning commission shall transmit a final signed copy of
the resolution of the planning commission or city council, whichever is final, to the County
Recorder of San Diego for recordation.
This space is for the County Clerk's Filing Stamp
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the'
eighteen years and not a party to or inten
the above-entitled matter. I am the princip
of the printer of
Proof of Publication of
North County Times
Formerly known as the Blade-Citizen ai
Times-Advocate and which newspapers hm
adjudicated newspapers of general circulai
the Superior Court of the County of San
State of California, for the City of Oceansi
the City of Escondido, Court Decree i
171349, for the County of San Diego, t\
notice of which the annexed is a printed co
in type not smaller than nonpariel), haj
published in each regular and entire issue
newspaper and not in any supplement thei
the following dates, to-wit:
March 23"*, 2013
I certify (or declare) under penalty of perju
the foregoing is true and correct.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that
the City Council of the City of Carlsbad will hold a public hearing at the Council
Chambers, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on
Tuesday, April 2, 2013, to consider approving an amendment to the Zoning
Ordinance (ZCA 09-01 (A)), thereby accepting and administering the Coastal
Commission's suggested modifications to the City of Carlsbad Local Coastal
Program (LCPA 09-01 (A)).
Those persons wishing to speak on this proposal are cordially invited to attend
the public hearing. Copies of the agenda bill will be available on and after
March 29, 2013. If you have any questions, please contact Chris DeCerbo in the
Planning Division at (760) 602-4611 or chris.decerbo@carlsbadca.gov.
If you challenge the Zone Code Amendment and/or Local Coastal Program
Amendment in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice or in written
correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200
Carlsbad Village Drive, Carlsbad, CA 92008, at or pnor to the public hearing.
CASE FILE: ZCA 09-01 (A)/LCPA 09-01 (A)
CASE NAME: NONCONFORMING BUILDINGS AND USES ORDINANCE
PUBLISH: March 23, 2013
CITY OF CARLSBAD
CITY COUNCIL
Dated at Escondido, California
On This 25^ day March 2013
Jane AUshouse
NORTH COUNTY TIMES
Legal Advertising
NOTiCE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City
Council of the City of Carisbad will hold a public hearing at the Council Chambers, 1200
Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 2, 2013, to consider
approving an amendment to the Zoning Ordinance (ZCA 09-01 (A)), thereby accepting and
administering the Coastal Commission's suggested modifications to the City of Carisbad Local
Coastal Program (LCPA 09-01 (A)).
Those persons wishing to speak on this proposal are cordially invited to attend the public
hearing. Copies of the agenda bill wiil be available on and after March 29, 2013. If you have
any questions, please contact Chris DeCerbo in the Planning Division at (760) 602-4611 or
chris.decerbo@carisbadca.gov.
If you challenge the Zone Code Amendment and/or Local Coastal Program Amendment in
court, you may be limited to raising oniy those issues you or someone else raised at the public
hearing described in this notice or in written correspondence delivered to the City of Carisbad,
Attn: City Clerk's Office, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the
public hearing.
CASE FILE: ZCA 09-01 (A)/LCPA 09-01 (A)
CASE NAME: NONCONFORMING BUILDINGS AND USES ORDINANCE
PUBLISH: March 23, 2013
CITY OF CARLSBAD
CITY COUNCIL
>^a3AV-OD-008-l
tU03%l3Ae'iWMM
CARLSBAD UNIFIED SCHOOL DISTRICT
5225 ELCAIVIINO REAL
CARLSBAD CA 92011
ap suas
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SAN MARCOS SCHOOL DISTRICT
STE 250
255 PICO AV
SAN MARCOS CA 92069
ENCINITAS SCHOOL DISTRICT
101 RANCHO SANTA FE RD
ENCINITAS CA 92024
SAN DIEGUITO SCHOOL DISTRICT
710 ENCINITAS BLVD
ENCINITAS CA 92024
LEUCADIA WASTE WATER DISTRICT
TIMJOCHEN
1960 LA COSTA AV
CARLSBAD CA 92009
OLIVENHAIN WATER DISTRICT
1966 OLIVENHAIN RD
ENCINITAS CA 92024
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS CA 92024
CITY OF SAN MARCOS
1 CIVIC CENTER DR
SAN MARCOS CA 92069-2949
CITY OF OCEANSIDE
300 NORTH COAST HWY
OCEANSIDE CA 92054
CITY OF VISTA
200 CIVIC CENTER DR
VISTA CA 92084
VALLECITOS WATER DISTRICT
201 VALLECITOS DE ORO
SAN MARCOS CA 92069
I.P.U.A.
SCHOOL OF PUBLIC ADMIN AND
URBAN STUDIES
SAN DIEGO STATE UNIVERSITY
SAN DIEGO CA 92182-4505
STATE OF CAUFORNIA
DEPT OFFISH AND GAME
3883 RUFFIN RD
SAN DIEGO CA 92123
REGIONAL WATER QUALITY
STE 100
9174SKY PARKCT
SAN DIEGO CA 92123-4340
SD COUNTY PLANNING
STE 310
5510 OVERLAND AV
SAN DIEGO CA 92123-1239
SAN DIEGO LAFCO
STE 200
9335 HAZARD WAY
SAN DIEGO CA 92123
AIR POLLUTION CONTROL DISTRICT
10124 OLD GROVE RD
SAN DIEGO CA 92131
SANDAG
STE 800
401 B ST
SAN DIEGO CA 92101
U.S. FISH & WILDLIFE
6010 HIDDEN VALLEY RD
CARLSBAD CA 92011
CA COASTAL COMMISSION
ATTN KANANI BROWN
STE 103
7575 METROPOLITAN DR
SAN DIEGO CA 92108-4402
AIRPORT LAND USE COMMISSION
SAN DIEGO CO. AIRPORT AUTHORITY
PO BOX 82776
SAN DIEGO CA 92138-2776
CARLSBAD CHAMBER OF COMMERCE
5934 PRIESTLEY DR
CARLSBAD CA 92008
CITY OF CARLSBAD
PUBUC WORKS/ENGINEERING DEPT-
PROJECT ENGI NEER
CITY OF CARLSBAD
PROJECT PLANNER
MICHAEL MCSWEENEY - BIASD
STE 110
9201 SPECTRUM CENTER BLVD
SAN DIEGO CA 92123-1407
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BARONA GROUP OF THE CAPITAN
GRANDE
EDWIN ROMERO, CHAIRPERSON
1095 BARONA RD
LAKESIDE CA 92040
BUREAU OF INDIAN AFFAIRS
2800 COTTAGE WAY
SACRAMENTO CA 95825
BUSINESS, TRANS & HSG AGENCY
STE 2450
980 NINTH ST
SACRAMENTO CA 95814
CA COASTAL COMMISSION
STE 103
7575 METROPOLlTAh
SAN DlEQaOfC^mS
CA DEPT OF TRANSPORTATION
DISTRICT 11 - DIVISION OF
PLANNING/DEVELOPMENT REVIEW
4050 TAYLOR STREET, MS-240
SAN DIEGOCA 92110
CANNEL ISLANDS NATL PARK
SUPERINTENDENT'S OFFICE
1901 SPINNAKER DR
SAN GUENA VENTURA CA 93001
CITY OF ENCINITAS
505 S VULCAN AV
ENCINITAS
COASTAL CONSERVANCY
STE 1100
1330 BROADWAY
OAKLAND CA 94612
COUNTY OF SD
SUPERVISOR
RM 335
1600 PACIFIC
SAN DIEGOCA 92101
DEPT OF DEFENSE
LOS ANGELES DIST ENG
PO 80X2711
LOS ANGELES CA 90053
DEPT OF ENERGY
STE 400
611 RYAN PLZ DR
ARLINGTON TX 760114005
DEPT OF FISH & GAME
ENV SERV DIV
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF FOOD & AGRICULTURE
AGRICULTURAL RESOURCES
RM 100
1220 N ST
SACRAMENTO CA 95814
DEPT OF FORESTRY
ENV COORD
PO BOX 944246
SACRAMENTO CA 942442460
DEPT OF HOUSING & URBAN DEV
REGION IX
ENVIRONMENTAL OFFICER
611 WEST SIXTH ST, STE, 811
LOS ANGELES CA 90017
DEPT OF JUSTICE
DEPT OF ATTY GEN
RM 700
110 WEST A ST
SAN DIEGO CA 92101
FED AVIATION ADMIN WESTERN REG
PO BOX 92007
LOS ANGELES CA
FEDERAL ENERGY REGULATORY
COMMISSION
100 1ST ST., STE 2300
SAN FRANCISCO CA 941053084
MARINE RESOURCES REG DR & G
ENV SERVICES SPR
STEJ
4665 LAMPSON AVE
LOS AUMITOS CA 907205139
SANDAG
EXEC DIRECTOR
STE 800
ISTINTLPL^^IBST
SA^efl^GOCA 92101
STATE LANDS COMMISSION
STE 1005
100 HOWE AV
SACRAMENTO CA 958258202
OFF OF PLANNING & RESEARCH
OFF OF LOCAL GOV AFFAIRS
PO BOX 3044
SACRAMENTO CA 958123044
SD COUNTY
PLANNING & LAND USE DEPT
STE 310
5510 OVERLAf
SANDlEQCfCA 921231239
US ARMY CORPS OF ENGINEER
1455 MARKET STFL17
SAN FRANCISCO CA 94103
SAN FRANCISCO BAY CONSERV & DEV
COM
STE 2600
50 CALIFORNIA ST
SAN FRANCISCO CA 941114704
SDGE
8315CENTURY PARKCT
SAN DIEGOCA 92123
US BUREAU OF LAND MGMT
STE RM W
2800 COTTAGE WY
SACRAMENTO CA 95825
US BUREAU OF RECLAMATION
27708 JEFFERSON AVE, STE 202
TEMECUL;\CA 92590
US FISH & WILDLIFE SERVICES
2800 COTTAGE WAY
STE W-2605
SACRAMENTO CA 95825
USDA RURAL DEVELOPMENT
DEPT 4169
430 G ST
DAVIS CA 95606
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