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Home My WebLink AboutLCPA 96-10; Incidental Outdoor Dining; Local Coastal Program Amendment (LCPA) (7)d * - 4 * STATE'OF CALIFORNIA-THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST AREA 3111 CAMIN0 DEL RIO WTH, SUITE 200 SAN OEGO, CA 92108172S (619) 5218036 July 20, 1998 Gary Wayne Asst. P1 anni ng Di rector City of Carl sbad -2075 Las Palmas Drive Carlsbad, CA 92009-1576 Re: Certification of Carlsbad LCP Amendment #1-98C Dear Mr. Wayne, On July 8, 1998, the California Coastal Commission approved the above amendment which 1 ncl uded the "Dri ve-Thru Restaurants'', "Stormwater Management" and "Incidental Outdoor Di ni ng Areas" amendments. In its action, the Commission approved the submittal with suggested modifications; the suggested modifications are attached in their final form for your review and the City's adoption. Re1 ati ve to the Stormwater Management amendment, there were technical clarifications adopted that relate to the ordinance's date of effectiveness and citation for the Water Quality Control Plan for Ocean Waters of California as adopted by the State Water Resources Control Board; that all forms of development be subject to the ordinance, including lot splits; that a "hazardous materi all' be defined as one that may "substanti a1 ly contribute" to substantial injury; that proof of compliance with a discharge pollutant permit may be required if deemed necessary by the City; and landowners shall be responsible for maintaining that portion of a watercourse that is within their property 1 ines to protect against erosion and degradation of the watercourse. Relative to the Incidental Outdoor Dining Areas amendment, a suggested mo-dification was approved that provides that on sites located west of the railroad right-of way and outside of the Village Redevelopment Area, "incidental outdoor dining areas" shall be ai lowed only where the existing i ndoor restaurant provides on-si te parking in compliance with the parki ng provisions of the certified local coastal program. Before the amendment request can become effectively certified, the Executive Di rector must deterrni ne that imp1 ementation of the approved amendment wi 11 be consistent with the Commission's certification order. This is necessary because the amendment request was certified with suggested modifications. In order for the Executive Director to make this determination, the local government must formally acknowledge receipt of the Commission's resolution of certification, including any terms or suggested modifications; accept and agree to those terms and modifications; and take any formal action which is required to satisfy them, such as rezonings or other ordinance revisions. I . - Gary WayneKarl sbad LCPA 1-98C July 16, 1998 Page 2 As soon as the necessary documentation is received in this office, and accepted, the Executive Director will report his/her determination to the Commission at its next regularly scheduled public hearing. questions about the Commission's action or this final certification procedure, please contact Bill Ponder in this office. Thank you and the other staff members who worked on this planning effort. We remain available to assist you and your staff in any way possible to continue the successful implementation of the local coastal program. If you have any Sincerely, Deborah N. Lee Deputy Director (51 81 L) cc: Mike Grim Sheri lyn Sarb r . - STATE dF CALIFORNIA-THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION PETE WILSON, Govsrmrr SAN DIEGO COAST AREA 3111 CAMINO MI RIO NORTH, SUITE 200 SAN DIEGO, CA 921-1715 (619) 521-8036 CARLSBAD LCP AMENDMENT 1 -98C (STORMWATER MANAGEMENT AND INCIDENTAL OUTDOOR DINING AREA REVISIONS) COASTAL COMMISSION ADOPTED SUGG ESTED MODIFICATIONS ADOPTED JULY 8, 1998 (Page 1 of 2) STORMWATER MANAGEMENT ORDINANCE - Imalementation Plan Revisions 1. Under Definitions, Section 15.12.020.0 (California Ocean Plan) shall be revised to read as follows: "California Ocean Plan" means the California Ocean Plan: Water Quality Control Plan for Ocean Waters'of California adopted by the State Water Resources Control Board effective July 23, 1997 and any subsequent amendments. 2. Under Definitions, Section 15.12.020.G.4 (Development) shall be revised to read as fol lows : I.. ."Development shall mean"1 a change in the density or intensity of the use of land, including, but not limited to, a subdivision pursuant to the Subdivision Map Act (Government Code Section 66410, et seq.) and any other division of land, including lot splits, except where the division of land is brought about in connection with the purchase of such land by a public agency for public recreational use; 3. Under Definitions, Section 15.12.020.K (Hazardous Materials) shall be revised to read as follows: "Hazardous Material SI' shall mean any substance or mi xture of substances which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or generates pressure through decomposi tion, heat or other means, if such a substanceor mixture of substances may cause, or substantially contribute to, substantial injury, serious illness or harm to humans, domestic livestock, or wildlife. - 4. Under Discharge of Pollutants, Section 15.12.050.A shall be revised to read as follows: The prohibition on discharges shall not apply to any discharge regulated under a NPDES permit issued to the discharger and administered by the State of California pursuant to Chapter 5.5, Division 7, of the California Water Code, provided that the discharger is in compliance with all requirements of the permit and other applicable laws and regulations. permit may be required in a form acceptable to the City of Carlsbad prior to or as a condition of a subdivision map, site plan, building permit, or development improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. Proof of compliance with said - Carl s bad LCPA 1 -98CISug. Mods. Adopted July 8, 1998 Page 2 5. Under Discharge of Pollutants, Section 15.12.050.B shall be revised to read as follows: Discharges from the following activities will not be considered as source of pollutants to waters of the United States when properly managed as required by the Clean Water Act, water line flushing; landscape irrigation; diverted water flows;. . . 6. Under Watercourse Protection, Section 15.12.090 shall be revised to read - as follows: Every person owning property through which a watercourse passes, and such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris , excessive vegetation, and other obstac,les which would poll Ute, contaminate, or signficantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which'shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion; and shall be responsible for maintaining that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. 7. Under Remedies Not Exclusive, Section 15.12.190 shall be revised to read as follows: Remedies set forth in this Chapter are not exclusive but are cumulative to all other civil and criminal penalties provided by law, including, but not limited to, penalty provisions of the Federal C1 ean Water Act and/or the State Porter-Cologne Water Quality Control Act. The Porter-Cologne Water Quality Control Act is Cal i fornia Water Code Section 13000 et seq., and any future amendments. seeking of such federal and/or state remedies shall not preclude the simultaneous commencement of proceedings pursuant to thi s Chapter. INCIDENTAL WTDOOR DINING AREAS ORDINANCE - ImDlementation Plan Revisions - The _- 8. Section 21.04.188.1 of the Carlsbad Municipal Code shall be revised to read as follows: ... Incidental outdoor dining areas shall be utilized only as extensions of restaurants providing indoor seating and which are properly licensed for such service. On properties located west of the railroad right-of-way and outside of the Village Redevelopment Area, "incidental outdoor dining areas" shall be a1 lowed only where the existing indoor restaurant, bona fide eating establishment of deli provides on-site parking in compliance with the parking ratios specified in Chapter 21.44 (Parking Ordinance) of the Muni ci pal Code. Incidental outdoor dining areas may be located on private property only (not in the public right-of-way). . . . (51 82L)