HomeMy WebLinkAbout2009-09-22; City Council; CS-054; Issuance of emergency coastal development permits1
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ORDINANCE NO. CS-054
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS
21.201.190 AND 21.80.170 OF THE CARLSBAD MUNICIPAL
CODE SETTING FORTH PROCEDURES FOR THE ISSUANCE
OF EMERGENCY COASTAL DEVELOPMENT PERMITS
WHEREAS, the City's authority for the issuance of development
permits within the Coastal Zone is derived from the California Coastal Act (Public
Resources Code section 30000 et seq.); and
WHEREAS, Carlsbad Municipal Code sections 21.201.190 and
21.80.170 setting forth the procedures for the issuance of emergency coastal
development permits differ from the State Law found in Public Resources Code
section 30624 and California Code of Regulations section 13329.4(a); and
WHEREAS, the City Council of the City of Carlsbad desires to amend
the Carlsbad Municipal Code so that it mirrors state law on the subject of the
issuance of emergency coastal development permits.
NOW, THEREFORE, the City Council of the City of Carlsbad ordains
as follows:
1. That the above recitations are true and correct.
2. That Carlsbad Municipal Code Section 21.201.190(E) is amended to read
as follows:
"E. The director shall report, in writing, to the coastal commission
through its executive director and to the City Council at its first
scheduled meeting after the emergency permit has been issued, the
nature of the emergency and the work involved. The report of the
director shall be informational only; the decision to issue an emergency
permit is solely at the discretion of the director subject to the provisions
of this section. Copies of this report shall be available at the meeting
and shall be mailed to all persons who have requested such notification
in writing. If at that meeting, one-third of the City Council so request, the
permit issued by the director shall not go into effect and the application
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for a coastal development permit shall be processed in due course in
accordance with the procedures set forth in Chapter 21.201."
3. That Carlsbad Municipal Code Section 21.80.170(g) is amended to read
as follows:
"(g) The director shall report, in writing, to the coastal commission
through its executive director and to the City Council, at its first
scheduled meeting after the emergency permit has been issued, the
nature of the emergency and the work involved. The report of the
director shall be informational only; the decision to issue an emergency
permit is solely at the discretion of the director subject to the provisions
of this section. Copies of this report shall be available at the meeting
and shall be mailed to all persons who have requested such notification
in writing. If at that meeting, one-third of the City Council so request, the
permit issued by the director shall not go into effect and the application
for a coastal development permit shall be processed in due course in
accordance with the procedures set forth in Chapter 21.80."
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 15th day of September, 2009, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 22nd day of September, 2009 by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
*^*' &
ROloR. BALL, City Attorney
k LEWIS, Mayor
ATTEST:
^MJlT^
LORRAINE M?vV66lM^tyu£Jerk 'T
(SEAL)
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