HomeMy WebLinkAbout2013-04-30; City Council; 21205; Modifications Ordinance ZCA 09-10A LCPA 09-01ACITY OF CARLSBAD - AGENDA BILL 15
AB# 21.205 CALIFORNIA COASTAL COMMISSION
SUGGESTED MODIFICATIONS TO
NONCONFORMING
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DEPT. DIRECTOR
MTG. 4/30/13
CALIFORNIA COASTAL COMMISSION
SUGGESTED MODIFICATIONS TO
NONCONFORMING CITY ATTORNEY ^
DEPT. Clerk BUILDINGS AND USES ORDINANCE
ZCA 09-01(A)/LCPA 09-01(A)
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-212. approving an amendment to the Zoning Ordinance (ZCA 09-01(A)),
accepting and administenng the Coastal Commission's suggested modifications to the City of Cartsbad
Local Coastal Program (LCPA 09-01(A)), as related to the Cit/s Non-Conforming Buildings and Uses
Ordinance.
ITEM EXPLANATION:
Ordinance No. CS-212 was introduced and first read at the City Council meeting held on Apnl 2, 2013.
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 or a summary of the ordinance published
within fifteen days, if adopted. (Notwithstanding the preceding, this ordinance shall not be effective
until approved by the California Coastal Commission.)
FISCAL IMPACT:
See AB #21,183 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within
the meaning of CEQA in that it has no potential to cause either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and
therefore does not require environmental review.
EXHIBIT:
1. Ordinance No. CS-212.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@caHsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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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
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,
13 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
WHEREAS, the City Council, on August 18, 2009, passed, approved and
adopted Ordinance No. CS-050; and
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 Carlsbad does ordain as
6 follows:
7 SECTION 1: That Section 21.48.080 G.I. of the Carisbad Municipal Code, as
8 previously approved pursuant to Ordinance No. CS-050, is modified to read as follows:
9 G. Mailing of Notice of Decision.
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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.
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 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 Carlsbad within fifteen days after its adoption.
{Notwithstanding the preceding, this ordinance shall not be effective until approved by the
California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 2nd day of April, 2013, and thereafter.
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 30th day of April, 2013, by the following vote, to wit:
AYES: Council Members Hall, Packard, Wood, Blackburn and Douglas.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
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CELIA A. BREWER, City Attomey
lATf HA\L, Mayor MATTHA\L, Mayor
ATTEST:
^9LE30N, City Clerk
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