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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 24 25 26 27 28 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. 10 11 12 13 14 15 16 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 25 26 27 28 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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- 7 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 1 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 10 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 ]6 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. n 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 • 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 ®09iS ®AU3AV f MiS^Pi dn-dod asodxa I o) aun 6uo|e puag jaded P^H T ®091S aiBidujai @AjaAV asn Easy Peel® Labels Use Avery® Template 5160® Bend along line to j expose Pop-up Edge^" j AVERY® 6241T'- 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 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5160® • Sens de chstrnt^mttnt Repiiez a la hachure afin de I reveler le rebord POD-UD"'^ I www.avery.com 1-800-GO-AVERY WATER RESOURCES CONTROL BOARD PO BOX 10O SACRAMENTO CA 95801