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Home My WebLink AboutZCA 09-01; Nonconforming Buildings & Uses Ordinance Revision; Zone Code Amendment (ZCA) (2)8^ CITY OF CARLSBAD LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) • Administrative Permit • Planned Development Permit • Administrative Variance • Planned Industrial Permit • Coastal Development Permit • Planning Commission Determination • Conditional Use Permit • Precise Development Plan • Condominium Permit • Redevelopment Permit • Environmental Impact Assessment • Site Development Plan • General Plan Amendment • Special Use Permit • Habitat Management Plan Permit • Specific Plan • Hillside Development Permit • Tentative Parcel Map Obtain from Engineering Department • Local Coastal Program Amendment • Tentative Tract Map • Master Plan • Variance • Minor Conditional Use Permit Zone C^^fe" AJK** • Non-Residential Planned Development List other applications not specified 2) ASSESSOR PARCEL NO(S).: ^-|-\/ - U^td-f^ p[?n iprr MAMP- Vf ^ . ^Tl r. ^ » 3) PROJECT NAME 4) BRIEF DESCRIPTION OF PROJECT: JECT- ' ^ 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) MAILING ADDRESS MAILING ADDRESS CITY AND STATE ZIP TELEPHONE CITY AND STATE SJ^ TELEPHONE O^rUi?A<i OA ^%Do^ EMAIL ADDRESS: EMAIL ADDRESS: 1 CERTIFY THAT 1 AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1 CERTIFY THAT 1 AM THE LEGAL REPRESENTATIVE OF THE gtfvNER AND THAT ALL THE ABOVE INFORMATION tS TRUE AND aORffiECimTHpjBfST OF MY KNOWLEDGE. YL /-S'-09 SIGNATURE DATE SIGNATURE DATE NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 14 Rev. 03/08 PAGE 1 OF 4 7) BRIEF LEGAL DESCRIPTION 8) LOCATION OF PROJECT: ON THE BETWEEN (NORTH. SOUTH. EAST. WEST) (NAME OF STREET) STREET ADDRESS SIDE OF (NAME OF STREET) AND (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. \IVJE CONSENT TO ENTRY FOR THIS PURPOSE. 10) NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: Fonn 14 Rev. 03/08 PAGE 2 OF 4 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council ofthe 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 ofthe 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 deliv- ered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, 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 Office of the City Clerk 1200 Carlsbad Village Drive Carlsbad, California 92008-1949 CITY OF CARLSBAD PROJECT PLANNER FILE COPY NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you 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, [HHHHHIl ^ to consider adoption of a Negative Declaration, and approval of a Zone Code Amendment and Local Coastal Program Amendment to: 1) repeal and replace the Nonconforming Buildings and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 -Yards to delete Section 21.46.210, 4) amend Chapter 21.44 - Parking to revise Section 21.44.010, and 5) amend Chapter 21.45 to revise Section 21.45.090A; and adoption of a Nonconforming Construction Permit application fee. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill wil! be available on and after rillltiiHi^i^l . If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. If you challenge the Zone Code Amendment and/or Local Coastal Progam 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 prior to the public hearing. CASE FILE: ZCA 09-01/LCPA 09-01 CASENAME: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION PUBLISH: f^M—i1 CITY OF CARLSBAD CITY COUNCIL £a$y Peel Labels Use Avery® TEMPLATE 5160® f Paper See Instruction Sheet | for Easy Peel Feature iAVERY®5i60® ! i CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE 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 600 EUCALYPTUS AVE 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 SANDIEGO CA 92182-4505 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SANDIEGO CA 92123-4340 SD COUNTY PLANNING STE B 5201 RUFFIN RD SAN DIEGO CA 92123 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION STE 103 7575 METROPOLITAN DR SANDIEGO CA 92108-4402 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER SCOTT MOLLOY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 Etiquettes faciles k peler utilisez le aabarit AVERY® SIfiO® Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY Ea^y Peel Labels Use Avery® TEMPLATE 5160® ^Paper See Instruction Sheet j for Easy Peel Feature^ iAVERY®5i60® 1 k 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 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKUND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120 NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 LAMPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 BST SAN DIEGO CA 92101 SD COUNTY PUNNING & LAND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE LANDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles ^ peler Utilisez le qabarit AVERY® 5160® Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY SENDER: COMPLETE THIS SECTION COIVIPLETE THIS SECTION fvV DELIVERY • Complete items 1,2, and 3. Also complete item 4 If Restricted Delivery Is deslrad. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front If space permits. fii. Signature —^ '<r~~^-y^^ Cl Agent • Addressee • Complete items 1,2, and 3. Also complete item 4 If Restricted Delivery Is deslrad. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mallpiece, or on the front If space permits. B. Received by (Printed N^nm) C. Date of I3eiivery 1. Article Addressed to: Calilornia Coastal Commission Attn: Toni Ross Suite 103 D. Is deiivery address different from item 1 ? I-I Yes If YES, enter delivery address beiow: O No 7575 Metropolitan Drive SanDiego, CA 92108-4402 3. Service Typa ^^SCerttfted Mall • Express Mail • Registered ^B^etum Receipt fbr Merehandtse • Insured Mail • C.O.D. 7575 Metropolitan Drive SanDiego, CA 92108-4402 4. Restricted Deliveiy? (Extra fias; DYes "•^2"^^.^ ?aoa imu DDOE 3^ao 7H^7 no r-^ OQH H nt\rtA r\ u— n-^ n i_4. M .. - ..A UNITED STATES PosT*^|^pfll^^w2;.g-^,^^ i^j. •f>5Stage»&.Eeet¥atJf • Sender: Please print your-name, address, and ZIP+4 in this box • .4A 1011 T,?>, 03 CITYOFCARLSBAB^' ^ PUNNING OEPAR/niENr 1635 FARADAY AVaiUE CARLSBAD, CA 92^8-1314 ^ ^ CO ^PA Oq-Ol. P..Ul.f /On-tic^/ftfc^ 5-7 0'? ihi<,MlJII<„lin,i..i,l,..l..il....jl.j.,injh<l.j.i.ll,i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. Aiso complete — item 4 if Restricted Deiivery is desired. • Print your name and address on tlie reverse so that we can'return tlie card to you. • Attach this card to the bacl< of the mailpiece, or on the front if space permits. • Complete items 1, 2, and 3. Aiso complete — item 4 if Restricted Deiivery is desired. • Print your name and address on tlie reverse so that we can'return tlie card to you. • Attach this card to the bacl< of the mailpiece, or on the front if space permits. B. Received By CPn^7(§aA/ifte; C. Dit«/afrtettvery 1. Article Addressed to: California Coastal Commission Attn: Toni Ross Suite 103 D. is delivery address diff^nt tofri item 1CJ Yes if YES, enter delivery address beiow: • No 7575 Metropolitan Drive San Diego, CA 92108-4402 3. Service Type ^>B£certif!ed Mail • Express Mail • Registered ^^^B^a\um Receipt for Merchandise • insured Mali • C.O.D. 7575 Metropolitan Drive San Diego, CA 92108-4402 4. Restricted Deiivery? (Brtra Fee) • Yes 2. ArticleNumber 7QQ[^ ^IBU QQOH 4771 OflOO UNITED STATES POSTAL SERVICE First-Ciass iVIaii Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITYOFCARLSBAD ^.PLANNING DEPARTMENT ^-^635 FARADAY AVENUE ARLSBAD. OA 92008-7314 ll.l....l>lll.ull.ui..l.i...l»ilH..li.),.iHli..l.l.lni.l »uchi: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 rf Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the bacl< of the mailpiece, or on the front if space permits. COMPLETr THIS SECTION ON DEUVERY Article Addressed to: Calitornia Coastal Commission Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 • Agent Addresse . FU5 elv»dT>y ( Printed Name) D. Is delivery address different from Item 17 if YES, enter delivery address bel^wl J • No 3. Service Type ISXertlfied Mail • Express Mail • Registered "JSifietum Receipt for Merchandise • Insured Mall C.O.D. 4. Restricted Deiivery? (Extra Fee) • Yes mo\0 Number nsfer from senrice label) km 3811, February 2004 7Qoa ima OODE BTSO 7SO3 Domestic Return UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 r name, address, and ZIP+4 in this box • CARLSBAD NG DEPARTMENT FARADAYAVENUE LSBAD, CA 92008-7314 City of Carlsbad SHIPPING REQUEST DATE: S-S-QCjr STAFF CONTACT: /^rkaa^ J<inrredy //4:Hc)Ci ~T7^)fa:> LOCATION OF ITEM TO BE SHIPPED: ,.. _ C^^^ailroonpIT area, etc) SHIPPING PREFERENCE: Ah prC-^CnLnOg, (Fed Ex; UPS, Eagle Freight, etc) TYPE OF SERVICE: PleofrP j^S/t. arr\v^ by Fr-ld£W 3j'S^c>^ (Priority Ovemight, Overnight, 2 day, 3 day, etc) PACKAGING: ^^^f^^^lope^ Letter Pak, our packaging, etc.) IF OTHER THAN ENVELOPE OR LETTER PAK PLEASE PROVIDE THE FOLLOWING: WEIGHT: DIMENSIONS: H L W SHIP TO: CONTACT NAME: STATE CLEARINGHOUSE COMPANY NAME: 1400 TENTH STREET SACRAMENTO, CA 95814 ADDRESS: PHONE: PAYMENT INFORMATION: >@:^ Phnn)^ • VENDOR (Department & Account No.) ACCOUNT #: ADDITIONAL INFORMATION: Cai^ VOu j0)-ecyeg_ l^-rxKX^j-lni^ jmckiJ ? i UMCO r". http://cityweb/adminserv/purchasing/documentation/ShippingRequestForm.doc Rev. 03/16/2007 1635 FARADAY AVE CARLSBAD CA 92008 Inquiry Transactions Found CITY OF CARLSBAD 05/05/2009 MOM G2 Licensed to: CITY OF CARLSBAD Page: 1 Package ID; 1277 Address: Attn: Address*; 4 Trk#: 1Z76Y36Y0300101030 STATE CLEARINGHOUSE Pickup Rec#: 4562845372 1400 TENTH STREET SACRAMENTO CA 95814 US-UNITED STATES Account#: 15 Name: Pianning Department Date/Time Operator Mac/)/ne# Carrier Class ZIP/Zone Lb/Oz Pes Base Rf Total Soc Svc Total Oth Chas Total Total Chas PerPc Base Rt Per Pc SDC SVC PerPc Oth Cha ^^15/05/2009 12:22:56 PM Marie Koo 210171 UPS UPS Ground 95814/ 4 2/ 2.5 1 5.65 5,65 .00 .00 5.65 Total Charges: 5.65 MCMG2 Version 8.32.02 05/05/2009 12:23:21PM Zone Code Amendment to Chapter 21.48 | City of Carlsbad _ _ Page 1 of 2 CITY OF CARLSBAD | Home | Planning Department |Zone Code Amendment to Chapter 21.48 THE CITY OF CARLSBAD REQUESTS COMMUNITY COMMENTS ON THE DRAFT ZONE CODE AMENDMENT TO D^aft Zone Code Amendment CHAPTER 21.48-NONCONFORMING BUILDINGS AND USES ]^ clean [38 kb] The Planning Department is requesting input from the Carlsbad ,=1. D^gft Zone Code Amendment community on the draft amendment to the Nonconforming Buildings with Strikeouts/Underline and Uses Chapter ofthe Zoning Ordinance (Carlsbad Municipal ^-^--^ ryg j^i^i Code (CMC) 21.48). In December 2008, the City Council directed ^ ' staff to undertake this ordinance amendment with the specific objective of allowing existing over-density residential uses to be repaired or replaced. The new draft ordinance would entirely replace all ofthe existing regulations. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed revisions rescind and replace the existing regulations with a new Chapter 21.48 entitled Nonconforming Lots, Uses and Structures and would: Allow for the repair, replacement, alteration, and expansion of over density residential uses. Allow non-conforming structures to expand. Allow non-conforming uses to expand by Conditional Use Permit. Preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable. Include an abatement process. Amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040. Include additional definitions in CMC Chapter 21.04 for clarity. The zone code revisions would apply to properties citywide. However, the majority of existing nonconforming uses, structures, and over-density residential properties are located within the northwest quadrant of the City. If approved, it is anticipated that the revisions would encourage property owners to repair or replace residential projects that exceed the current allowable residential density. The revisions would also allow the City to delete many unused abatement provisions, and instead focus abatement on illegal buildings and uses. This notice opens a six-week review period after which the Planning Commission and City Council will consider and act on the proposed amendment. The proposed revisions require public hearings before the Planning Commission, City Council and Califomia Coastal Commission. There will be additional opportunities for public input at that time. It is anticipated that the Planning Commission hearing will be in June 2009 and that the City Council hearing would be approximately 30 days later.> IO /~r\iiiiii»c:i.iTO iiiiAV oc iMrnnp rr»ve:r> r\o c KIIAII rro Trr\. http://www.carlsbadca.gov/planning/4zonecodeammend.html 05/11 /2009 Zone Code Amendment to Chapter 21.48 | City of Carlsbad Page 2 of 2 I wuix uv./ivimciM I o iviM I DC oc:i>i i, PMACU, \jt\ C-IVIMIUC:L/ I VJ. City of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 FAX: (760) 602-8559 barbara.kennedy@carlsbadca.gov FOR MORE INFORMATION, OR TO BE INCLUDED ON THE MAILING LIST FOR FUTURE PUBLIC HEARINGS, PLEASE CONTACT: Barbara Kennedy, Associate Planner (760) 602-4626 barbara. kennedy@carlsbadca.gov Time to upgrade to Acrobat Reader 7.0 Many of the documents being distributed on the City of Carlsbad Internet site are now being developed with Adobe Acrobat 7.0. If you experience problems opening these documents, you may want to consider upgrading your Acrobat Reader Reader http://www.carlsbadca.gov/planning/4zonecodeammend.html 05/11/2009 This space is ^^|^^ 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 age of eighteen years and not a party to or interested in the above- entitled matter, I am the principal cierk of the printer Of Proof of Publication of North Countv Formerly known as the Blade-Citiz Advocate and which newspai adjudicated newspapers of genera Superior Court of the County of £ California, for the City of Oceansi' Escondido, Court Decree number County of San Diego, that the n annexed is a printed copy (set in ty nonpariel), has been published in entire issue of said newspaper supplement tiiereof on the following' 3) ZCA 09-01/ LCPA 09-01- NONCOWFOMHIIC BUBJHHfii *im Mfg «ffPH|ft||ff BfYHUm - A request for a recommendation to adopt a Negative Declaration, and recommendation of approvai of a Zone Code Amendment and Local Coastal Program Amendment to: 1) rescind and replace ttie Nonconforming Buildings and Uses - Chapter 21.48 of tlie Zoning Ordinance, 2) inciude new and amended associated definitions in Cliapter 21.04 - Definitions, 3) amend Chapter 21.46 -Yards to delete Section 21.46.210 and 4) amend Chapter 21.44" Paridng to revise Section 21.44.010. The Planning Director has determined that the project will not result in potentially significant impacts and has issued a Notice of Intent to adopt a Negative Declaration. If you challenge these projects 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 at or orior to the pubiic hearing. Copies of the environmental documents are avaiiable at the Planning Department at 1635 Faraday Avenue during reoular business hours from 7 30 am to 5:30 pm IMonday through Thursdayand 8:00 am to 5:00 pm Friday. Those persons wishing to speai< on these proposals are cordially invited to attend the public hearing. Copies of the staff reports will be avaiiabie online at http://www.ci.caflsbad.ca.u5/Ddfdoc.htmi?Did=295 on or after the Friday prior to the hearing date. If you have anv questions olease call the Planning Department at (760) 602-4600. CITYOFCARLSBAD PLANNiNG DEPARTMENT PUBUSH: June 5,2009 JuneOS^ 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, Califorpi*-—>j This osf)) day of June Jane Allshouse ^ NORTH COUNTY TIINES Legal Advertising U.S. Postal Service I eiRjriFiEj) lyiAt M RECEIPT (Odmel tic Mail | n/yf Wa hsurance Coverage P itloi|i yisijfiour website at www.usps.com,, PoslBgd (^ertiliod For FiGturTi Receipt Fed (Endotsemont RequirBd) Restricted Oelivety Fee (Endorsement Required) Total Pastage a.i.c PA o«?-oi.Pollr.<. A/s+ice./&K. ornia Coastal Commission Postmark Here Sent To Sfreet, Apt. No orPOBoxNo. City, State, ZIf Call Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 FILE COPY City of Carlsbad 5-7.09 Planning Department PUBLIC NOTICE TO INTERESTED PARTIES: Please be advised that the City of Carlsbad is considering text amendments to its Local Coastal Program (LCP) as summarized below. This amendment is being proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week review period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in June 2009, and will be duly noticed. The City Council hearing is expected to take place in July 2009, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Carlsbad Planning Department, 1635 Faraday Avenue; (2) City Clerk's Office, 1200 Carlsbad Village Drive; (3) Carlsbad Main Library, 1775 Dove Lane; (4) Georgina Cole Library, 1250 Carlsbad Village Drive; and (5) the Califomia Coastal Commission, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92108-4402. The Zone Code Amendment (ZCA 09-01)/LCP Amendment is (LCPA 09-01) also available on the intemet at www.carlsbadca.gov/planning/4zonecodeammend.html PROPOSED LCP AMENDMENT SUMMARY LCPA 09-01 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION The proposed LCP amendment is being reviewed in conjunction with a proposed Zone Code amendment (ZCA) to the City's Zoning Ordinance. The City's Zoning Ordinance is the implementing ordinance for the City's Local Coastal Program. Accordingly, this LCPA is necessary to ensure consistency between the proposed amended Zoning Ordinance and the Local Coastal Program. This proposal includes a City-initiated ZCA and LCPA to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building pennits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. Written comments should be sent to the Planning Department at 1635 Faraday Avenue, Carlsbad, Califomia 92008. PUBLISH DATE: May 8, 2009 PUBLISH DATE FOR NORTH COUNTY TIMES: May 8, 2009 PUBLISH DATE FOR COAST NEWS: May 8, 2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us Easy Peel labels Use Avery® TEMPLATE 5160® j^Fei See Instruction Sheet | for Easy Peel Feature iAVERY®5i60® ! L 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 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISUNDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZ DR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120 NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 L^MPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 BST SAN DIEGO CA 92101 SD COUNTY PLANNING & U\ND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE U\NDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET ST FL 17 SAN FRANCISCO CA 94103 US BUREAU OF LAND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECU^MATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD PO BOX 100 SACRAMENTO CA 95801 Etiquettes faciles k peler Utilisez le aabarit AVERY® 5160® Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY Planning Systems Paul Klukas 1530 Faraday Avenue, Suite 100 Carlsbad, CA 92008 Jack Henthorn & Associates Jack Henthorn PO Box 237 Carlsbad, CA 92018 Sea Bright Company Bob Sukup 4322 Sea Bright Place Carlsbad, CA 92008 Karnak Planning & Design Robert Richardson 2802 State Street, Suite C Carlsbad, CA 92008 Building Industry Association Scott Malloy 9201 Spectrum Center Boulevard Suite 110 SanDiego, CA 92123 Hofman Planning & Engineering Bill Hofman 3152 Lionshead Avenue Carlsbad, CA 92010 Cohn and Associates Gary Cohn 380 Stevens Avenue, Suite 307 Solana Beach, CA 92075 Howes Weiler and Associates 5927 Balfour Court, Suite 202 Carlsbad, CA 92008 John Beery AIA Architect John Beery 5751 Palmer Way, Suite G-3 Carlsbad, CA 92010 The Lightfoot Plaiming Group Aim Gimter 5750 Fleet Street, Suite 250 Carlsbad, CA 92008 Carlsbad Chamber of Commerce Ted Owen 5934 Priestly Drive Carlsbad, CA 92008 Ladwig Design Group Bob Ladwig 2234 Faraday Avenue Carlsbad, CA 92008 Ofelia E. Escobedo 3292 Roosevelt Street Carlsbad, CA 92008 Connie Jauregui Trejo 3292 Roosevelt Street Carlsbad, CA 92008 Frances Jauregui-Moreno 3292 Roosevelt Street Carlsbad, CA 92008 Brooks Worthing P.O. Box 1041 Carlsbad, CA 92018 Mario Monroy 749 Magnolia Avenue Carlsbad, CA 92008 Socorro Anderson P.O. Box 1353 Carlsbad, CA 92018 Jay Corrales Turner Real Estate 539 Carlsbad Village Drive Carlsbad, CA 92008 Carlsbad Village Business Association 2579 State Street, Suite B Carlsbad, CA 92008 A siofice has been m^ed to '^H property owners/occuptints listed herein. Signature; l:/ADMIN/LABLES/Developer Interested Parties List.docx .,.4 i wll t ^.mi i kill 3 :aii":i33a irie;iH!: I RECEIPT ranee Coverage ifided) website at www.usps.com® Flestii':ted .)-'\\\'<vy Fee (Endo'semr-it i-;-•(jiiirnd; Postmark Here California Coastal Commission Snnr,o - .p^j^j j^^gg sTroVrAp7:/va, Suite 103 or PO flox Wfl C/(y. .SVafe, 7575 Metropolitan Drive San Diego. CA 92108-4402 F!LE CO-T City of Carlsbad 63 • / • O"^ Planning Department NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you that the Planning Commission 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 Wednesday, June 17, 2009, to consider a request for the following: CASE NAME: ZCA 09-01/LCPA 09-01 - Nonconforming Buildings and Uses Ordinance Revision PUBLISH DATE: June 5, 2009 DESCRIPTION: A request for a recommendation to adopt a Negative Declaration, and recommendation of approval of a Zone Code Amendment and Local Coastal Program Amendment to: 1) rescind and replace the Nonconforming Buildings and Uses - Chapter 21.48 ofthe Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 -Yards to delete Section 21.46.210 and 4) amend Chapter 21.44 - Parking to revise Section 21.44.010. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing and provide the decision makers with any oral or written comments they may have regarding the project. Copies of the staff report will be available online at http://www.carlsbadca.gov/planning/pcvideo.html on or after the Friday prior to the hearing date. If you have any questions, or would like to be notified of the decision, please contact Barbara Kennedy in the Planning Department at (760) 602-4626, Monday through Thursday 7:30 a.m. to 5:30 p.m., Friday 8:00 a.m. to 5:00 p.m. at 1635 Faraday Avenue, Carlsbad, California 92008. APPEALS The time within which you may judicially challenge these projects, if approved, is established by State law and/or city ordinance, and is very short. If you challenge this project 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 at or prior to the public hearing. • Appeals to the Citv Council: Where the decision is appealable to the City Council, appeals must be filed in writing within ten (10) calendar days after a decision by the Planning Commission. CITY OF CARLSBAD PLANNING DEPARTMENT 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • vwvw.ci.carlsbad.ca.us Easy Peel Labels Use Avery® TEMPLATE 5160® aper See Instruction Sheet j for Easy Peel Feature iAVERY®5i60® i i 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 METROPOLITAN DR SAN DIEGO CA 92108 CANNEL ISLANDS NATL PARK SUPERINTENDENT'S OFFICE 1901 SPINNAKER DR SAN GUENA VENTURA CA 93001 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 COASTAL CONSERVANCY STE 1100 1330 BROADWAY OAKLAND CA 94612 COUNTY OF SD SUPERVISOR RM 335 1600 PACIFIC SAN DIEGO CA 92101 DEPT OF DEFENSE LOS ANGELES DIST ENG PO BOX 2711 LOS ANGELES CA 90053 DEPT OF ENERGY STE 400 611 RYAN PLZDR ARLINGTON TX 760114005 DEPT OF ENERGY STE 350 901 MARKET ST SAN FRANCISCO CA 94103 DEPT OF FISH & GAME ENV SERV DIV PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF FOOD & AGRICULTURE AGRICULTURAL RESOURCES RM100 1220 NST SACRAMENTO CA 95814 DEPT OF FORESTRY ENV COORD PO BOX 944246 SACRAMENTO CA 942442460 DEPT OF HOUSING & URBAN DEV 600 HARRISON ST SAN FRANCISCO CA 94107 DEPT OF JUSTICE DEPT OF ATTY GEN RM 700 110 WEST A ST SAN DIEGO CA 92101 DEPT OF TRANSPORTATION RM 5504 1120 NST SACRAMENTO CA 95814 FED AVIATION ADMIN WESTERN REG PO BOX 92007 LOS ANGELES CA MARINE RESOURCES REG DR & G ENV SERVICES SPR STEJ 4665 L^MPSON AVE LOS ALAMITOS CA 907205139 OFF OF PLANNING & RESEARCH OFF OF LOCAL GOV AFFAIRS PO BOX 3044 SACRAMENTO CA 958123044 SAN FRANCISCO BAY CONSERV & DEV COM STE 2600 50 CALIFORNIA ST SAN FRANCISCO CA 941114704 SANDAG EXEC DIRECTOR STE 800 1ST INTL PLZ 401 B ST SAN DIEGO CA 92101 SD COUNTY PU\NNING & U\ND USE DEPT STE B-5 5201 RUFFIN RD SAN DIEGO CA 92123 SDGE 8315 CENTURY PARK CT SAN DIEGO CA 92123 STATE U\NDS COMMISSION STE 1005 100 HOWE AV SACRAMENTO CA 958258202 US ARMY CORPS OF ENGINEER 1455 MARKET STFL17 SAN FRANCISCO CA 94103 US BUREAU OF U^ND MGMT STE RM W 2800 COTTAGE WY SACRAMENTO CA 95825 US BUREAU OF RECLAMATION MID PACIFIC REG 2800 COTTAGE WY SACRAMENTO CA 95825 US FISH & WILDLIFE SERVICES 2800 COTTAGE WAY STE W-2605 SACRAMENTO CA 95825 USDA RURAL DEVELOPMENT DEPT 4169 430 G ST DAVIS CA 95606 WATER RESOURCES CONTROL BOARD POBOX 100 SACRAMENTO CA 95801 Etiquettes faciles a peler Utilisez le gabarit AVERY® 5150® Sens de chargement Consultez la feuille d'instruction www.avery.com 1-800-GO-AVERY CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 701 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 ATTN TEDANASIS SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 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 600 EUCALYPTUS AVE VISTA CA 92084 VALLECITOS WATER DIST 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 CALIF DEPT OF FISH & GAME 4949 VIEWRIDGE AV SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE100 9174 SKYPARK CT SAN DIEGO CA 92123-4340 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 LAFCO 1600 PACIFIC HWY SAN DIEGO CA 92101 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 A notice has been mailed to ail property owners/occupants listed herein. Date: fe'l-o*? Signature: JLT PROOF OF PUBLICATION (2010 & 2011 CCP.) 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 age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formerly known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space is for the CountyLCIerk's Filing Stamp May08^ 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This 08'^ day of May 2Q£ Jane Allshouse NORTH COUNTY TIMEES Legal Advertising Proof of Publication of CASE NO: PROJECT LOG, PROJECT DESCRIPTION: This proposal includes a" City-initiated Zone Cocte Amendment (ZCA) and Loca Coastal Program AmeiJment (LCPA) to; 11 rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance. 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building oer-mits), but do not conform to current regulations. The proposed amendments would: allow non-conforming res-idential and non-residential structures and nonconrorm-ing residential uses to expand by a new administrative Nonconforming Construction Permit- allow non-conforming non-residential uses to expand by Condition-al Use Permit; preserve the City's rignt to abate a legal non-conforming use or structure that is no longer desir-able; include an abatement process: and, would annend the provisions that relate to nonconforming lots and re-locate those provisions from Section 21.46.210 to Sec-tion 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The prqiect applies to regulations fhat are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding l?ind uses. PROPOSED DETERMINATION: The CiW of Carlsbad has conducted an environmental revifew of fhe above de-scribed proiect pursuant to the Guidelinbs for Implemen-tation of the California Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially signif icant im-pacts on the environment. Therefore, a Tiegative Dec-laration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting rea-sons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. Comments from fhe public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies shouldlocus on the proposed find-ing that the proiect will not have a significant effect on the environment. If persons and public agencies believe that the proiect may nave a significant effect, they should: (1) identify the specific effea; £2). explain why they believe the effect would occur; andM) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed proiect and Negative Declaration are sub-ject to review and approval/adoption by the City of ICarlsbad Planning Commission and City Council, Aodi-tional public notices will be issued when those public hearings are scheduled. If you have any guestions, please call Baibara Kennedy In the Planning Department at (760) 602-4626. PROOF OF PUBLICATION (2010 & 2011 CCP.) 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 age of eighteen years and not a party to or interested in the above- entitled matter. I am the principal clerk of the printer of North County Times Formeriy known as the Blade-Citizen and The Times- Advocate and which newspapers have been adjudicated newspapers of general circulation by the Superior Court of the County of San Diego, State of California, for the City of Oceanside and the City of Escondido, Court Decree number 171349, for the County of San Diego, that the notice of which the annexed is a printed copy (set in type not smaller than nonpariel), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: This space<i^Tor thefCounli/cqerk's Filing Stamp May08^ 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at OCEANSIDE, California This Oa'^ day of May 20097 Jane Allshouse NORTH COUNTY TIMES Legal Advertising f ffl Proof of Publication of PUBU£I1QII££ TO INTERESTED PARTieS: Please be advised thaf the City of Carfsbad is considering text amendments to its Local Coastal Pro-gram (LCP) as summarized below. This amendment is eing proposed by the City of Carlsbad and is currently under review. This notice hereby opens a six week re-view period after which the Planning Commission and City Council will consider all comments and act on the proposed amendment. The Planning Commission hear-ing is expected to tal<e place in June 2009, and will be duly noticed. The City Council hearing is expected to take place in July.2009, and will be duly noticed. Copies of the LCP amendment are available for review at the following locations: (1) Car'-'—' —•— " ' ment, 163o Faraday Avenue; 1200 Carlsbad Village Drive; (3' 1775 Dove Lane; (4) Georgina Cole Library, 1 bad Village Drive: and (5) the CalHornia Coastal Com-mission, 7575 Metropolitan Drive, Suite 103, San Diego, CA92lb8-4402, The Zone Code Amendment (ZCA 09-01 )/LCP Amend-ment is (LCPA 09-01) also available on the intemet at www,cartsbadca,gov/planning/4zonecodeammend,html PROPOSED LCP AMENDMENT SUMMARY LCPA 09-01 - NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION Theproposed LCP amendment Is being reviewed in con-iuncflon with a proposed Zone Code amendment (ZCA) to the City's Zoning Ordinance, The City's Zoning Ordi-nance is fhe impleitientlng ordinance for the City's Local Coastal Program, Accordingly, this LCPA is necessary to ensure consistency between the proposed amended Zoning Ordinance and the Local Coastal Program. This proposal includes a City-initiated ZCA and LCPA to-ll rescind and replace the Nonconforming. Buildings and Uses Chapter of the Zoning Ordinance, z) include new and amended associated definitions in Chapter 21.04-Definitions, and 3) amend Chapter 21.46 -Yards to de-lete Section 21,46,210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential struc-tures and nonconforming residentia/ uses fo expand by a new administrative Nonconforming Construction Pennit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to ^bate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconformiria lots and relocate those provisions from Section 21,46.210 to Section 21.48,040; and would include additional applica-ble definitions in CMC Chapter 21.04 for clarity. The proiect applies to regulations that are applicable to prop-erties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. If you have any guestions, please call Barbara Kenriedy in the Planning Department at (760) 602-4626, WrfBen comments ShouW Iw sent to the Planning Daoartment at 1635 Faraday Avenue, Carlsbad, Califotwa Seooe. PUBLISH DATE: May 8. 2009 NCT 2211306 NOTICE OF PUBLIC HEARIN Mail to: Public Notice Heari: AN DIEGO COUNTY CLERK of ABOARD OF SUP Mailstop A-45, Room 402, 1600 Pacific HigW%, San Diego, CA 92101 5 /*4'XJ=i Response must be received by: June 17, 2009 June 17.2009 Public Hearing Date: _ Public Hearing Place: 1200 CARLSBAD VILLAGE DRIVE. CARLSBAD. CALIFORNIA. 92008 Public Hearing Time: 6:00 p.m. Project Title: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION ZCA 09-01/LCPA 09-01 Lead Agency: CITY OF CARLSBAD Contact Person: Barbara Kennedv Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4626Citv: CARLSBAD Zip: 92008 County: SAN DIEGO COUNTY Carlsbad PROJECT LOCATION: County: San Diego City/Nearest Community:. Cross Streets: N/A Total Acres: N/A Zip Code: 92008. 92009. 92010. 92011 Lat. / Long.: 33°Q7'30" N/117°20'00" W (approximate) Assessor's Parcel No. N/A Within 2 Miles: State Hwy #: 1-5. 78 Waterways: Pacific Ocean: and Batiquitos. Agua Hedionda. and Buena Vista lagoons Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Schools in part or all of the following districts: Carlsbad Unified (all). San Dieguito High School (parf). San Marcos Unified (part). Encinitas Union Elementary (part). ENVIRONMENTAL DOCUMENT: CEQA: • NOP • Supplement/Subsequent • Early Cons Q EIR (Prior SCH No.) 13 Neg Dec • Other: • Draft EIR LOCAL ACTION TYPE: Q General Plan Update • Specific Plan • Rezone • Annexation 1 1 General Plan Amendment • Master Plan • Prezone • Redevelopment Q General Plan Element • Planned Unit Development • Use Permit • Coastal Pennit Q Community Plan • Site Plan • Land Division (Subdivision, Other: Zone Code Q Community Plan Parcel Map, Tract Map, etc.) Amendment'Local Coastal Program Amendment DEVELOPMENT TYPE: N/A ^Residential; Units •office: Sq. Ft.. •commercial: Sq. Ft.. •industrial: Sq. Ft.. •Recreational: Acres. Acres. Acres. Acres PROJECT ISSUES DISCUSSED IN DOCUMENT: No Impacts • Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O • Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian • Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone • Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Population/Hsg. Balance • Toxic/Hazardous • Land Use • Economic/Jobs • Public Services/Facilities • Traffic/Circulation • Cumulative Effect • Fiscal • Recreation/Parks • Vegetation • Other: Present Land Use/Zoning/General Plan Use: N/A - project affects all of the City of Carlsbad Project Description:The proposed ZCA and LCPA would 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include associated definitions in chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building pemiits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable defmitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. Where documents are located for Public Review: Planning Department, 1635 Faraday Avenue, Carlsbad, CA 92008 August 2006 The Coaf^i ews Decreed A Legal Newspaper by the Superior Court of San Diego County. Mail all correspondence regarding public notice advertising to The Coast News, P.O. Box 232-550, Encinitas, CA 92023 (760) 436-9737 Proof of Publication STATE OF CALIFORNIA, ss. COUNTY OF SAN DIEGO, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am principal clerk of the printer of The Coast News, a newspaper printed and published weekly and which news- paper has been adjudged a newspaper of general circulation for the cities of Del Mar, Solana Beach, Encinitas/Cardiff, Carlsbad, Oceanside, San Marcos/Vista and the County Judicial District by the Superior Court of the State of California, County of San Diego (8/4/94, #677114, B2393, P396); and that the notice, of which the annexed is a print- ed copy, has been published in, each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 8. 2009 I certify under penalty of perjury that the foregoing is true and correct. Executed at Encinitas, County of San Diego, State of Califomia on the 8th day of May, 2009. ^ Clerk of the Printer Space above for Counl^^K^jjfiilgStamp PUBLIC NOTICE TO INTERESTED PARTIES: Please tie advised that the City of Carlsbad is con- sidering text amendments to its Local Coastal Program (LCP) as summarized betow. This amendment is being proposed by the City of Cartsbad and is cun-endy under review. This notice hereby opens a six week review period after which the Pianning Commission and City Oouncil will consider ail comments and act on the proposed amendment. The Planning Commission hearing is expected to take place in June 2009, and will be duly notk»d. Ttie City Council hearing is expected to take place in July 2009, and wHI be duly noticed. Copies of the LCP amendment are available for review at the fol- lowing locattons: (1) Carlsbad Planning Department, 1635 Faraday Avenue; (2) City Clerk's Offtoe, 1200 Cartebad Village Drive; (3) Carlsbad Main Ubrary, 1775 Dove Lane; (4) Georgina Coie Library, 1250 Carisbad Village Drive; and (5) the California Coastal Commisston, 7575 Metropolitan Drive, Suite 103, San Diego, CA 92106-4402. The Zone Code Amendment (ZCA 09-01 )/LCP Amendment is (LCPA 09-01) aiso available on the internet at www.carisbadca.gov/planning/4zonecodeammend.html PROPOSED LCP AMENDMENT SUMMARY LCPA 09^1 - NONCONFOfMMiNG BUILD- INGS AND USES ORDINANCE REVISION The proposed LCP amendment Is being reviewed in conjunction with a proposed Zone Code amendment (ZCA) to the City's Zoning Ordinance. The City's Zoning Ordinance is the implementing ordi- nance for the Cit/s Local Coastal Program. Accordingly, this LCPA is necessary to ensure consistency between the proposed amend- ed Zoning Ordinance and the Locai Coastal Program. This proposal includes a City-initiated ZCA and LCPA to: 1) rescind and replace the Nonconforming Buikiings and Uses Chapter of the Zoning Ordinance, 2) Include new and amended associated defini- tions in Chapter 21.04- Definittons, and 3) amend Chapter 21.46 - Yards to delete Sectton 21.46.210. The hew ordinance te appiica- ble to structures or uses that were legally established (with buikling permHs), but do not corrform to current regulattons. The proposed amendments wouM: altow non-contorming rSBUentlal and non-res- idential structures and nonconforrning resMentfal uses to expand by a new administrative Nonconforming Conslnicnon Psmmr aUow non-conforming non-resklentlal uses to expand by Condittonal Use Permit; preserve the City's right to abate a legal non-conforming use or stmcture that te no tonger desirable; Inchide an abatement process; and, wouM amend the pcoviskxte thcrii relate to noncon- fomiing iots and retocate those provtetona from Sectton 21.46.210 to Sectton 21.48.040; and wouki inchide addHtonal appltoable defi- nitions in CMC Chapter 21.04 for cterity. The project applies to reg- ulations that are appltoable to properties cHywMe. There te no spe- cific prpject site with a specific environmental setting or surround- 11I9 ia ntt OSes. if you have any questtons, please can Barbara Kennedy in the Pianning Department at (760) 602-4626. V»«Bnfpomi»««M»ioukt » be sent to the Ptenning Department at 1636 Faraday Avenue, Cartebad, Califomia 92008. CN 7989, May 8, 2009 City of Q^rlsi^ad Plaiiining Department NOTICE OF INTENT TO ADO NEGATIVE DECLARATIO CASE NAME: CASE NO: PROJECT LOCATION Nonconforming Buildings and Uses Ordinanc ZCA 09-01/LCPA 09-01 Citywide "Dty Cierk MAY 062009 BY. L. Kfi.qjfln DEPUTY PROJECT DESCRIPTION: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Defmitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Pennit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a resuh of said review, the initial study (EIA Part 2) did not identily any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identily the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD PUBLISH DATE Mav 8. 2009-June 7. 2009 Mav 8. 2009 FILED IN THE OFFICE OF THE COUNTY CLERK Safi Diego County on I^AY 06 20C3 Posted MAf 0 6 im Rpmnvpri Returned fo agency on^ •Deputy ^ Lesian •1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us state of California—The Resources Agency DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEIFT# SD2009 000806 STATE CLEARING HOUSE # (if applicable) 2009051029 LEADAGENCY DATE CITY OF CARLSBAD 08-24-2009 COUNTY/STATE AGENCY OF FILING DOCUMENTNUMBER SAN DIEGO 090232 PROJECTTITLE NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760-602-4626 PROJECTAPPLICANTADDRESS 1635 FARADAY AVENUE CiTY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): • Local Public Agency Q School District • Other Special District • State Agency Q Private Entity CHECKAPPLICABLE FEES: • Environmental Impact Report Q Negative Declaration • Appiication Fee Water Diversion (State Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs • County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption El DFG No Effect Determination (Form Attached) • Other PAYMENT IVIETHOD: • Cash • Credit • Check • Other 193449 $2,768.25 $ $1,993.00 $ $850.00 $ $941.25 $ $50.00 $ $50.00 TOTALRECEIVED $ $50.00 SIGNATURE X L. Kesian TfTT-E Deputy llilllllllllllllllllil ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTY CLERK FG 753.5a (Rev. 7/08) S\ate of California—The Resources /^sgsficy Mii DEPARTMENT OF FISH AND GAME 2009 ENVIRONMENTAL FILING FEE CASH RECEIPT SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY RECEiPT# SD2009 000806 STATE CLEARING HOUSE # (ifapplicable) 2009051029 LEADAGENCY DATE CITY OF CARLSBAD 08-24-2009 COUNTY/STATEAGENCY OF FILING DOCUMENTNUMBER SAN DIEGO 090232 PROJECTTITLE NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION PROJECTAPPLICANT NAME CITY OF CARLSBAD PHONENUMBER 760-602-4626 PROJECTAPPLICANTADDRESS 1635 FARADAYAVENUE CITY CARLSBAD STATE CA ZIPCODE 92008 PROJECT APPLICANT (Check appropriate box): • Locai PublicAgency Q School District Q Other Speciai District • State Agency Q Private Entity CHECK APPUCABLE FEES: Q Environmental impact Report Q Negative Declaration Q Application Fee Water Diversion (Sfafe Water Resources Control Board Only) Q Projects Subject to Certified Regulatory Programs EJ County Administrative Fee Q Project that is exempt from fees Q Notice of Exemption El DFG No Effect Determination (Form Attached) • Other PAYIMENT METHOD: • Cash • Credit • Check • Other 193449 $2,768.25 $ $1,993.00 $ $850.00 $ $941.25 $ $50.00 $ $50.00 TOTALRECEIVED $ $50.00 SIGNATURE X L. Kesian TITLE Deputy III ORIGINAL - PROJECT APPLICANT COPY-DFG/ASB COPY-LEAD AGENCY COPY-COUNTYCLERK FG 753.5a (Rev. 7/08) Notice of Determination To: Office ofPlanning and Research P.O. Box 3044 Sacramento, CA 95812-3044 SD County Clerk Attn: Linda Kesina Mail Stop A-33 1600 Pacific Highway SanDiego, CA 92101 From: CITYOFCARLSBAD Planning Department 1635 Faraday Avenue [F Q t i Carlsbad, CA 92008Oa^^S""*^>''^'""*'^*'" (760)602-4600 ^yg ^ Project No: ZCA 09-01/LCPA 09-01 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Nonconforming Buildings and Uses Ordinance Revision Project Title SCH#2009051029 City of Carlsbad, Barbara Kennedy (760) 602-4626 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Citywide (City of Carlsbad, San Diego County) Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Avenue Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-4626 Project Description: This project includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) repeal and replace the Nonconforming Buildings and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amendment associated definitions in Chapter 21.04 - Defmitions, 3) amend Chapter 21.46 - Yards to delete section 21.46.210, and 4) amend Chapter 21.44 - Parking to revise section 21.44.101. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. This is to advise that the City of Carlsbad has approved the above described project on August 11, 2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. n An Environmental Impact report was prepared for this project pursuant to the provisions of CEQA. 13 A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. O This project was reviewed previously and a Negative Declaration was prepar^ to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was not adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certily that the final Negative Declaration with comments and responses and red apnroval is available to the General Public at THE CITY OF CARLSBAD. iRprovai IS avaiiaoie DON NEU, Planning Director Date received for filing at OPR: Date L» Kesian Revised December 2004 City of Carlsbad Planning Department CASE NAME: CASE NO: PROJECT LOCATION: NEGATIVE DECLARATION Nonconforming Buildings and Uses Ordinance Revision ZCA 09-01/LCPA 09-01 Citywide PROJECT DESCRIPTION: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non- residential stmctures and nonconforming residential uses to expand by a new administrative Nonconforming Constmction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act and the Environmental Protection Ordinance of the City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the City of Carlsbad finds as follows: 1X1 The proposed project COULD NOT have a significant effect on the environment. I I The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing fiirther is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, California 92008. ADOPTED:^ August 11. 2009. pursuant to Citv Council Ordinance No. 2009-211. ATTEST: DONNEU Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us ® California Natural Resources Agency ARNOLD SCHWARZENEGGER. Govemor DEPARTMENT OF FISH AND GAME Environmental Review and Permitting 1416 Ninth Street, Suite-1260 Sacramento, CA 95814 http://www.dfg.ca.gov DONALD KOCH, Director CEQA Filing Fee No Effect Determination Form Applicant Name: City of Carlsbad Date Submitted: August 10, 2009 Applicant Address: 1635 Faraday Avenue Carlsbad, CA 92008 Project Name: Nonconforming Buildings and Uses Ordinance Revision - ZCA 09-01/LCPA 09-01 CEQA Lead Agency: City of Carlsbad CEQA Document Type: (ND, MND, EIR) SCH Number and/or locai agency ID number: Project Location: Citywide Negative Declaration SCH#2009051029 Brief Project Description: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) repeal and replace the Nonconfonning Buildings and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amendment associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete section 21.46.210, and amend Chapter 21.44 - Parking to revise section 21.44.101. The new ordinance is applicable to structures-or uses that were legally established (with building permits), but do not conform to current regulations. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. Determination: Based on a review of the Project as proposed, the Department of Fish and Game has detemiined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not detemiine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice 6f Detennination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Detennination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). DFG Approval By: ^^n/L4;-/<J Ufl^ /U-tMAeH-ti(€^ Date: T-il-Zeil Title: €r)\Arbnryi-tn\^l Sci'ey\Hsir CAL1FOW41A DEPT. OF FISH AND GAME ^T^D&^mHid^omemng CaCifomia's Wii^Cife Since 1870 SAN DIEGO. CA 92123-1662 David L. Butler COUNTYOFSANDIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 Pacific Highway, Suite 103 San Diego, CA 92101-2480 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Suite 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619)237-0502 * Fax (619)557-4155 Transaction #: 209941420090824 Deputy: LKESIAN Location: COUNTY ADMINISTRATION BUILDING 24-Aug-2009 12:49 FEES: 50.00 Qty of 1 Fee Notice of Exemption for Ref# RCT: 806 50.00 TOTAL DUE PAYMENTS: 50.00 Check 50.00 TENDERED SERVICES AVAILABLE AT OFFICE LOCATIONS Tax Bill Address Changes Records and Certified Copies: Birth/ Marriage/ Death/ Real Estate Fictitious Business Names (DBAs) Marriage Licenses and Ceremonies Assessor Parcel Maps Property Q-wnership Property Records Property Values Document Recordings SERVICES AVAILABLE ON-LEVE AT www.sdarcc.com Forms and Applications Frequently Asked Questions (FAQs) Grantor/ Grantee Index Fictitious Business Names Index (DBAs) Property Sales On-Line Purchases Assessor Parcel Maps Property Characteristics Recorded Documents Notice of Determination To: IEI Office ofPlanning and Rea»ch Fr'Slgs^ITY OF CARLSBAD P.O. Box 3044 /ff ^Uanning Department Sacramento, CA 95813^044 "^35 Faraday Avenue LP 0 [L H ® /w ., Carlsbad CA 92008 K'"""''ior/c„Mmy cietk 1^ SDCountyClerk l§ ^ 060)602-4600 AUG 2 4 Z009 Attn: Linda Kesina \^ W I l/'ociarii Mail Stop A-33 ^ ^/ By-_J=Ji^r 1600 Pacific Highway Nft"^, RV*^J^ DEPirrY San Diego, CA 92101 Project No: ZCA 09-01/LCPA 09-01 Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code. Nonconforming Buildings and Uses Ordinance Revision Project Title SCH#2009051029 City of Carlsbad, Barbara Kennedy (760) 602- 4626 State Clearinghouse No. Lead Agency, Contact Person Telephone Number Citywide (City of Carlsbad, San Diego County) Project Locations (include County) Name of Applicant: City of Carlsbad Applicant's Address: 1635 Faraday Avenue Carlsbad, CA 92008 Applicant's Telephone Number: 760-602-4626 Project Description: This project includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) repeal and replace the Nonconforming Buildings and Uses - Chapter 21.48 of the Zoning Ordinance, 2) include new and amendment associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete section 21.46.210, and 4) amend Chapter 21.44 - Parking to revise section 21.44.101. The new ordinance is applicable to stmctures or uses that were legally established (with building permits), but do not conform to current regulations. This is to advise that the City of Carlsbad has approved the above described project on August 11, 2009, and has made the following determination regarding the above described project. 1. The project will not have a significant effect on the environment 2. [U An Environmental Impact report was prepared for this project pursuant to the provisions of CEQA. IXI A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. I I This project was reviewed previously and a Negative Declaration was prepared pursuant to the provisions of CEQA. 3. Mitigation measures were not made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan was not adopted for this project. 5. A statement of Overriding Considerations was not adopted for this project. 6. Findings were made pursuant to the provisions of CEQA. This is to certify that the final Negative Declaration with comments and responses and record of project aporoval is available to the General Public at THE CITY OF CARLSBAD. iRprovai is avaiia DON NEU, Planning Director ; ^e ]• .aguv;;^ v, ,^, :! 1 . [±: Date Date received for filing at OPR: i. < _ Revised December 2004 Citv of Carlsbad Planning Department NEGATIVE DECLARATION CASE NAME: CASE NO: PROJECT LOCATION: Nonconforming Buildings and Uses Ordinance Revision ZCA 09-01/LCPA 09-01 Citywide PROJECT DESCRIPTION: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non- residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Qualify Act and the Environmental Protection Ordinance of the Cify of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment, and the Cify of Carlsbad finds as follows: ^ The proposed project COULD NOT have a significant effect on the environment. I I The proposed project MAY have "potentially significant impact(s)" on the environment, but at least one potentially significant impact 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. (Negative Declaration applies only to the effects that remained to be addressed). I I Although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier ENVIRONMENTAL IMPACT REPORT or NEGATFVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Therefore, nothing fiirther is required. A copy of the initial study (EIA Part 2) documenting reasons to support the Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. ADOPTED;^ August 11. 2009. pursuant to Citv Council Ordinance No. 2009-211. ATTEST: DON NEU Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Califomia Natural Resources Aaencv ARNOLD SCHWARZENEGGER. Govemor DEPARTMENT OF FISH AND GAME Environmental Review and Permitting 1416 Ninth Street, Suite-1260 Sacramento, CA 95814 http://www.dfg.ca.gov DONALD KOCH, Director CEQA Filing Fee No Effect Determination Form Applicant Name: City of Carlsbad Date Submitted: August 10, 2009 Applicant Address: 1635 Faraday Avenue Carlsbad, CA 92008 Project Name: Nonconforming Buildings and Uses Ordinance Revision - ZCA 09-01/LCPA 09-01 CEQA Lead Agency: City of Carlsbad CEQA Document Type: (ND, MND, EIR) Negative Declaration SCH Number and/or local agency ID number: SCH#2009051029 Project Location: Citywide Brief Project Description: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) repeal and replace the Nonconfomning Buildings and Uses - Chapter 21.48 ofthe Zoning Ordinance, 2) include new and amendment associated definitions in Chapter 21.04 - Definitions, 3) amend Chapter 21.46 - Yards to delete section 21.46.210, and amend Chapter 21.44 - Parking to revise section 21.44.101. The new ordinance is applicable to structures-or uses that were legally established (with building permits), but do not confonn to current regulations. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environnriental setting or surrounding land uses. Determination: Based on a review of tiie Project as proposed, the Department of Fisii and Game has detemiined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not detemnine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing ofthe CEQA lead agency's Notice Of Detennination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Detennination Fomn or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). DFG Approval By: "^..n/LA-/^ Lejl^e, AAU^-/^^^ Date: T-U-Zeil Title: fyn/iVbnm-anfa/ Sc{ey\Hs^ CALIFORNIA DEPT. OF FISH AND GAME Vl^^^i^^^m^onserving CaCifomia's M/Mife Since 1870 SAN DIEGO, CA 92123-1662 JUN.1 1,2009 4:07PM WORDEN WILLIAMS APC NO,3159 ORDEN WILLIAMS, APC 462 STEVENS AVENUE, SUFTE 102, SOLANA BEACH, CALIFORNIA 92075 PHONE: (858) 755-6604 E-Maii; info(®wordenwiUiams.com FAX: (858) 755-5198 Web Site: www.wordenwlIliams.com FACSIMILE TRANSMISSION Date: June 11,2009 Total Sheets: (Including Cover Sheet) TO: Gary Barberio, Chris DeCerbo and Barbara Kennedy City of Carlsbad Fax No.: (760) 602-8559 Phone No.: (760) 602-4600 FROM: D. Wayne Brechtel Re: June 17, 2009 Planning Commission Hearing Item: Letter dated June 11,2009 Comments: Please provide a copy of the letter to the Plannmg Commission members. Thank you. Original Mailed: Yes x No FOR OFFICE USE ONLY CUENT CODE CUO^frNAME: MATTER NAME; CONFIDENTIALITY NOTICE .....frt. • '"IL^'^'"!'"*'^?"^*'''''^^'"'^*^"*'^^ The informetion is intended only for the us« Ot the individual or enflfy named above. If you aie not itie Intended isciplent, or fte person responsible for dellverins it to the Intended teapiert, you are hareby notlfisd that any disclosure^opying, ^stilbuUon or use of any of fte infarmation eonljdned In this UansmiMlon is stticdy PROHIBITED. If you heve tecaved this tr«nsmission in siwr, please immediataly nofl^ u! by telephone and mail the original transmission to UE. Thank yeu. 4:0]FM W'ORDEN WILLIAMS APC ^ ^0,3159 P. 2 Wayne and Felicia Brechtel 3676 Momoe Street Carlsbad, Califomia 92008 June 11,2009 Planning Commission City of Carlsbad 1635 Faraday Avenue Carlsbad, Califomia 92008 Re: Proposed Changes to Nonconfonning Regulations for Buildings and Uses Dear Members of the Commission: We are the owners of a home on Monroe Street that was built in 1926. We love our old house, but it qualifies as a nonconforming stmcture because it encroaches slightiy into a side yard selbadt. Forthis reason, our home falls within the residential, nonconforming sfructure category that would be subject to the proposed regulations. We appreciate staffs effort to develop regulations that "would encourage property owners to repair, update or replace nonconforming residential struchires . , .." (Staff Report, p. 3.) However we feel the proposed regulations would have the opposite affect. Our focus is on the provisions tiiat would apply to nonconfonning residential strudures. Current zoning regulations, allow limited expansion of homes, provided the structural nonconformity is not increased. For example, Section 21.48.090 of the Zoning Ordinance, provides that where the only nonconformity Is a substandard yard (i.e,, setback) the home can be enlarged by up to 40%, pro\^ded such work does not increase the nonconfonnily. Some years back, we relied upon this provision to build a small laundry room at the rear of our house. The laundiy room did not violate any zonhig regulations, was nowhere near the side yaixl setback and was approved by way of a ministerial building process. The proposed regulations would dramatically change the pemiit process for our smaU laundiy room. The new regulations would add an entirely new discretionaiy pennit process that includes; (1) additional fees, (2) written notice to all neighbors within 300 feet, and (3) a planning director decision that includes a right of appeal to the Planning Commission. The discretionary permit process described above is an addition to the building perniit and plan review process that still exists for all home improvements. Further, the current regulations are extraordinarily broad. The discretionary permit process is JUN,11,2009 4:07PM WORDEN WILLIAMS APC NO,3159 P, 3 Planning Commission CityofCarlsbad June 11,2009 Page 2 required for any "expansion" of a nonconforming residential sfructure, even the smallest, most modest projects, There is no exception. We submit that the increased cost and uncertainty of the discretionaiy peimit process would sen/e as a significant disincentive to small improvement projects that help maintain the quality of Carlsbad's older neighborhoods. We ask that the Planning Commission take a hard look at the proposed regulations to assess whether they truly cany out their stated intent. Expanding options that encourage improvement of older homes in Carlsbad is a worthy goal. However, it should not be done at the expense of existing regulations that allow for modest improvements without the time, expense and uncertainty of a discretionary peimit approval process. We appreciate your consideration of these comments. Very bruly yours. Wayne and Felicia Brechtel STATE OF CALIFORNIA GOVERNOR'S OFFICE O/PLANNING AND RESEARCH STATE CLEARINGHOUSE AND P: ARNOLD SCHWARZENEGGER GOVERNOR June 9,2009 Barbara Kennedy CityofCarlsbad 1635 Faraday Avenue Carlsbad, CA 92008 I 491 CYNTHU BRYANT DIRECTOR Subject: Nonconfomiing Building and Uses Ordinance Revision ZCA 09-01/LCPA 09-01 SCH#: 2009051029 Dear Barbara Kennedy: The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. The review period closed on June 5, 2009, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the Califomia Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse nmnber when contacting this office. Sincerely, Terry Roberts Director, State Clearinghouse 1400 lOth Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Base||^ SCH# 2009051029 Project Title Nonconforming Building and Uses Ordinance Revision ZCA 09-01/LCPA 09-01 Lead Agency Carlsbad, City of Type Neg Negative Declaration Description This proposal includes a City-initiated Zone Code Amendment (ZCA) and Locai Coastal Program Amendment (LCP) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter ofthe Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04-Definitions, and 3) amend Chapter 21.46-Yards to delete Section 21.46.210. The new ordinance is applicabie to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconfonning residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, wouid amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additionai definitions in CIVIC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific enviornmental setting or surrounding land uses. Lead Agency Contact Name Agency Phone email Address City Barbara Kennedy City of Carlsbad (760) 602-4626 1635 Faraday Avenue Carlsbad Fax State CA Zip 92008 Project Location County San Diego City Carlsbad Region Lat/Long 33° 07' 30" N /117° 20' 00" W Cross Sfreefs Parcel No. Townstiip Range Section Base Proximity to: Higiiways Airports Railways Waterways Schools Land Use 1-5, 78 IVIcClellan/Palomar NCTD Pacific Ocean, Batiquitos, Agua Hedionda, Buena Vista Lagoons Carlsbad USD,San Dieguito HS,San Marcos USD,Encinitas Union ES citywide Project issues Reviewing Resources Agency; California Coastal Commission; Department of Conservation; Department of Fish Agencies and Game, Region 5; Office of Historic Preservation; Department of Parks and Recreation; Department of Water Resources; Caltrans, Division of Aeronautics; California Highway Patrol; Caltrans, District 11; Regional Water Quality Control Board, Region 9; Department of Toxic Substances Control; Native American Heritage Commission Note: Blanks in data fields result from insufficient information provided by lead agency. Document Details Report ^ State Clearinghouse Data Bas^^ Date Received 05/07/2009 Sfarf of Rev/ew 05/07/2009 End of Review 06/05/2009 Note: Blanks in data fields result from insufficient information provided by lead agency. Postal Service fl IFlEfelf||l:L™ RECEIPT ' M^i/ wnm (i'l insurance Coverage ^. ..vided) {iiitiour website at www.usps.coms ... IMI S f tosiage t.eilihed Fee F^eturri Receipt Fef! (Endorsemont Required) Restricted Delivary fee. (Endorsement Required) Postmark Here Sent To Total Postage'(j^lj'f^j^ ^astal Commissioh Attn: Toni Ross Suite 103 7575 Metropolitan Drive San Diego, CA 92108-4402 street Apt No. or PO Box No. City, State, ZIP City of iDarldbad PSanning Department CASE NAME: CASE NO: PROJECT LOCATION: NOTICE OF INTENT TO ADOH^Q ^S^^ "^ NEGATIVE DECLARATION Nonconforming Buildings and Uses Ordinance Revision ZCA 09-01/LCPA 09-01 Citywide iw^ S H © «»WButIer.Reccmlef/Q,untyaerk MAY 06 2009 By L. Kfigian DEPUTY PROJECT DESCRIPTION: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance ofthe City of Carlsbad. As a result of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices will be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD Mav 8. 2009-June 7. 2009 PUBLISH DATE Mav 8. 2009 'LED !N ! HE OmCh Of^ TH(- COUMY i 'i FRK -v..,-:;, MAI; 0 H JOO^ Renioved'ZIIZ^ ' ' ^..:..vL..,l<esiM]'I''"" 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Notice of Completion <& Envirnnma^l Tldi mnent Transmittal Mail to: State Clearinghouse, P. 0. Box 3U44, Saclmento, LA 95812 - (916) 445-0613 Project Title: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION - ZCA 09-01/LCPA 09-01 Lead Agency: CITY OF CARLSBAD Contact Person: Barbara Kennedv Street Address: 1635 FARADAY AVENUE Phone: (760) 602-4626Citv: CARLSBAD Zip: 92008 COUNTY See NOTE Below: SCH# County: SAN DIEGO PROJECT LOCATION: County: San Diego City/Nearest Community: Carlsbad Cross Streets: N/A Total Acres: N/A Zip Code: 92008. 92009. 92010. 92011 Lat. / Long. : 33°07'30" N/ ir7°20'00" W (approximate) Assessor's Parcel No. N/A Within 2 Miles: State Hwy #: 1-5. 78 Waterways: Pacific Ocean; and Batiquitos. Agua Hedionda. and Buena Vista lagoons Airports: McCLELLAN/PALOMAR Railways: NCTD Schools: Schools in part or all of the following districts: Carlsbad Unified (all). San Dieguito High School (part). San Marcos Unified (part). Encinitas Union Elementary (part). DOCUMENT TYPE: CEQA: • NOP I I Early Cons lEl Neg Dec • Draft EIR I I Supplement/Subsequent • EIR (Prior SCH No.) • Other: NEPA: • NOI • EA • Draft EIS • FONSI OTHER: • Joint Document I I Final Document • Other: LOCAL ACTION TYPE: • General Plan Update • I I General Plan Amendment Q I I General Plan Element Q I I Community Plan j | Specific Plan Master Plan Q Planned Unit Development Q Site Plan • Rezone Prezone Use Permit Land Division (Subdivision, Parcel Map, Tract Map, etc.) I I Annexation I I Redevelopment I I Coastal Permit ^ Other: Zone Code Amendment DEVELOPMENT TYPE: None • Residential: Units Acres • Water Facilities: Tvpe MGD • Office: Sq. Ft. Acres Employees • Transportation: Type • Commercial: Sq. Ft. Acres Employees • Mining: Mineral • Industrial: Sq. Ft. Acres Employees • Power: Tvpe Watts • Educational: • Waste Treatment: Type • Recreational: • Hazardous Water: Type • • Other: PROJECT ISSUES DISCUSSED IN DOCUMENT: No Impacts • Aesthetic/Visual • Flood Plain/Flooding • Schools/Universities • Water Quality • Agricultural Land • Forest Land/Fire Hazard • Septic Systems • H2O Supply/Ground H2O • Air Quality • Geological/Seismic • Sewer Capacity • Wetland/Riparian • Archaeological/Historical • Minerals • Soil Erosion/Compaction/Grading • Wildlife • Coastal Zone • Noise • Solid Waste • Growth Inducing • Drainage/Absorption • Population/Hsg. Balance • Toxic/Hazardous • Land Use • Economic/Jobs • Public Services/Facilities • Traffic/Circulation • Cumulative Effect • Fiscal • Recreation/Parks • Vegetation • Other: Present Land Use/Zoning/General Plan Use: N/A - project affects all of the City of Carlsbad Project Description: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconfonning lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. NOTE: Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. from a Notice of Preparation or previous draft document) please fill it in. January 2008 Reviewing Agencies Checklist Form A, continued Resources Agency Boating & Waterways ^ Coastal Commission Coastal Conservancy Colorado River Board Conservation, Dept. of Fish & Game Forestry & Fire Protection Office of Historic Preservation Parks & Recreation Reclamation Board S.F. Bay Conservation & Development Commission Water Resources (DWR) Business, Transportation & Housing Aeronautics Califomia Highway Patrol CALTRANS District # ^Department of Transportation Planning (headquarters) .Housing & Community Development _Food & Agriculture Health & Welfare Health Services State & Consumer Services General Services OLA (Schools) KEY S = Document sent by lead agency X = Document sent by SCH "3= Suggested distribution Environmental Protection Agency Air Resources Board Califomia Waste Management Board .SWRCB _SWRCB .SWRCB SWRCB Clean Water Grants Delta Unit Water Quality Water Rights .Regional WQCB #_ L Youth & Adult Corrections Corrections Independent Commissions & Offices Energy Commission Native American Heritage Commission Public Utilities Commission Santa Monica Mountains Conservancy State Lands Commission Tahoe Regional Planning Agency Other Public Review Period (to be filled in by lead agency) Starting Date: Mav 8. 2009 Signature '^^^\j'''tt^^f'yi\/\r/ijf Ending Date: June 7. 2009 Date ^}$:kf Lead Agency (Complete if applicable): Consulting Firm: Address: City/State/Zip: Contact: Phone: ( } Applicant: Address: City/State/Zip:, Phone: ( ) . For SCH Use Only: Date Received at SCH. Date Review Starts: Date to Agencies ___ Date to SCH Clearance Date Notes: • # Citv of Carlsbad Planning Department NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION CASE NAME: Nonconforming Buildings and Uses Ordinance Revision CASE NO: ZCA 09-01/LCPA 09-01 PROJECT LOCATION: Citywide PROJECT DESCRIPTION: This proposal includes a City-initiated Zone Code Amendment (ZCA) and Local Coastal Program Amendment (LCPA) to: 1) rescind and replace the Nonconforming Buildings and Uses Chapter of the Zoning Ordinance, 2) include new and amended associated definitions in Chapter 21.04- Definitions, and 3) amend Chapter 21.46 -Yards to delete Section 21.46.210. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed amendments would: allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit; allow non-conforming non-residential uses to expand by Conditional Use Permit; preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable; include an abatement process; and, would amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040; and would include additional applicable definitions in CMC Chapter 21.04 for clarity. The project applies to regulations that are applicable to properties citywide. There is no specific project site with a specific environmental setting or surrounding land uses. PROPOSED DETERMINATION: The City of Carlsbad has conducted an environmental review of the above described project pursuant to the Guidelines for Implementation of the Califomia Environmental Quality Act (CEQA) and the Environmental Protection Ordinance of the City of Carlsbad. As a resuh of said review, the initial study (EIA Part 2) did not identify any potentially significant impacts on the environment. Therefore, a Negative Declaration will be recommended for adoption by the City of Carlsbad Planning Commission. A copy of the initial study (EIA Part 2) documenting reasons to support the proposed Negative Declaration is on file in the Planning Department, 1635 Faraday Avenue, Carlsbad, Califomia 92008. Comments from the public are invited. Pursuant to Section 15204 of the CEQA Guidelines, in reviewing Negative Declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: (1) identify the specific effect; (2) explain why they believe the effect would occur; and (3) explain why they believe the effect would be significant. Please submit comments in writing to the Planning Department within 30 days of the date of this notice. The proposed project and Negative Declaration are subject to review and approval/adoption by the City of Carlsbad Planning Commission and City Council. Additional public notices wili be issued when those public hearings are scheduled. If you have any questions, please call Barbara Kennedy in the Planning Department at (760) 602-4626. PUBLIC REVIEW PERIOD Mav 8. 2009-June 7. 2009 PUBLISH DATE Mav 8. 2009 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us CITY OF CARLSBAD / / /n/o f REVIEW AND COMIVIENT MEMO 1' Hi ^ ' DATE: APRIL 17,2009 REVIEW NO: 1 TO: • Engineering, Development Services - Terie Rowley • Police Departnnent - J. Sasway • Fire Departnnent - Greg Ryan ^ Building Department - Will Foss • Recreation - Mark Steyaert • Public Works Department (streets) - Thomas Moore • Water/Sewer District • Landscape Plancheck Consultant - PELA • School District O North County Transit District - Planning Department • Sempra Energy - Land Management • Caltrans (Send anything adjacent to 1-5) • Parks/Trails - Liz Ketabian *ALWAYS SEND EXHIBITS FROM: PLANNING DEPARTMENT REQUEST FOR REVIEW AND COMMENT ON PROJECT NO(S): ZCA 09-01/LCPA 09-01 PROJECT TITLE: Nonconforming Lots. Structures and Uses Zone Ordinance Revision APPLICANT: Citv of Carlsbad PROPOSAL: Refer to attached document. Please review and submit written comments and/or conditions to Meghan McKillop, Senior Office Specialist in the Planning Department at 1635 Faraday Avenue, by 04/27/09. If you have questions please contact Barbara Kennedy at x4626. If you have "No Comments," please so state. Thank you COMMENTS: PLANS ATTACHED Review & Comment 09/07 CTTY OF CARLSBAD REQUEST FOR LEGAL ADVICE TO: CITYATTORNEY Date Sent: 4/17/2009 FROM: Barbara Kennedy, Associate Planner Date Needed: 4/27/2009 Department: Planning SUBJECT: ZCA 09-01/LCPA 09-01 - Nonconforming Lots, Structures and Uses Zone Ordinance Revision Review draft ordinance which will replace the current Chapter 21.48 and the related amendments to Chapters 21.04 and 21.46. ADVICE REQUESTED: Please review and comment prior to distribution for public comment. BACKGROUND INFORMATION: Prepare synopsis of facts, giving as many as possible. Attach additional sheets if necessary, or copies of supporting documents. In December 2008, the City Council directed staff to undertake this ordinance amendment with the specific objective of allowing existing over-density residential uses to be repaired, altered, expanded or replaced. In addition to this primary City Council objective, the new draft ordinance would also provide more flexibility for the repair, replacement, alteration and expansion of nonconforming non-residential structures and uses. The new ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The proposed revisions rescind and replace the existing regulations with a new Chapter 21.48 entitled Nonconforming Lots, Structures and Uses and would: • Allow non-conforming residential and non-residential structures and nonconforming residential uses to expand by a new administrative Nonconforming Construction Permit. • Allow non-conforming non-residential uses to expand by Conditional Use Permit. • Preserve the City's right to abate a legal non-conforming use or structure that is no longer desirable. • Include an abatement process. • Amend the provisions that relate to nonconforming lots and relocate those provisions from Section 21.46.210 to Section 21.48.040. • Include additional applicable definitions in CMC Chapter 21.04 for clarity. The zone code revisions would^fpply to properties citywide. How^^r, the majority of existing nonconforming uses, structures, and over-density residential properties are located within the northwest quadrant of the City. If approved, it is anticipated that the revisions would encourage property owners to repair, update or replace residential projects that exceed the current allowable residential density. The revisions would also allow the City to delete many unused abatement provisions, and instead focus abatement on illegal buildings and uses. ^i^paredBv^^^^^^^^Zu!^ Approved By:. Department Head Request Noted: City Manager THIS SIDE FOR CITY ATTORNEY'S OFFICE USE Prepared By: Date: Written: Memorandum Opinion Oral: Brief Resume of Advice Rendered: If written, attach copy or make reference. Advice Noted: City Manager A e.o. FILE COP]' VICARLSBAD Community & Economic Development www.carlsbadca.gov May 20, 2013 Toni Ross, Coastal Program Analyst California Coastal Commission, San Diego Coast District 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108 SUBJECT: CITY OF CARLSBAD LCP AMENDMENT NO. CAR-MAJ-1-12 - SUGGESTED MODIFICATIONS TO NONCONFORMING BUILDINGS AND USES ORDINANCE Dear Toni: On August 18, 2009, the City Council adopted an amendment to the Zoning Ordinance and Local Coastal Program by repealing and replacing the Nonconforming Buildings and Uses Chapter 21.48 of the Carlsbad Municipal Code. Subsequently, on March 7, 2013, the Coastal Commission certified the amendment, conditioned upon the city making certain changes, or "suggested modifications." In response, the City Council approved Ordinance CS-212, amending the Zoning Ordinance and accepting the Coastal Commission's suggested modifications. Ordinance CS-212 was introduced on April 2, 2013 and adopted on April 30, 2013. The signed ordinance is attached. The adopted ordinance reflects the suggested modification wording. Please contact me if you have any questions at (760) 602-4611 or chris.decerbo^carlsbadca.gov. Sincerely, CHRIS DeCERBO Principal Planner c: Don Neu, City Planner Chris DeCerbo, Principal Planner Kevin Pointer, Associate Planner File Copy Planning Division 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 © i.STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY 1/ EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 February 21, 2013 Th21a TO: COMMISSIONERS AND INTERESTED PERSONS FROM: SHERILYN SARB, DEPUTY DIRECTOR, SAN DIEGO COAST DISTRICT DEBORAH LEE, DISTRICT MANAGER, SAN DIEGO COAST DISTRICT TONI ROSS, COASTAL PROGRAM ANALYST, SD COAST DISTRICT SUBJECT: STAFF RECOMMENDATION ON CITY OF CARLSBAD MAJOR LCP AMENDMENT No. CAR-MAJ-1-12 (Non-Conforming Buildings and Uses) for Commission Meeting of March 7,2013 SYNOPSIS The subject LCP implementation plan amendment request involves only one item and it was filed on April 7, 2012. A one year extension request was granted by the Commission on May 9, 2012. Therefore, the last date of Coinmission action on this item is June 6, 2013. SUMMARY OF AMENDMENT REOUEST The proposed LCP amendment includes an amendment to the City's Implementation Plari only. The amendment includes the following: 1) Repeal and reenact Chapter 21.48 - Non-Conforming Buildings and Uses; 2) include new and amended definitions (Chapter 21.04 - Definitions); 3) repeal Section 21.46.210 (Chapter 21.45 - Yards); 4) amend Section 21.44.010 (Chapter 21.44 - Parking), and 5) amend Section 21.45.090-A.2 (Chapter 21.45 - Planned Development). The provisions will apply citywide, with the exception of the Carlsbad Village Area which has its own policies on nonconforming structures and uses. All proposed revisions pertain to non-conforming buildings or uses, and were developed to encourage rehabilitation and/or repair of over-density residential structures and other nonconforming buildings and uses. SUMMARY OF STAFF RECOMMENDATION The Commission can only reject such amendments where it can be shown that the amendment would be inconsistent with the certified Land Use Plan (LUP) and/or render the Implementation Program (IP) inadequate to carry out the LUP. Although the subject amendment orily involves one chapter of the City's municipal code, it is nonetheless a significant one that raises several potential policy issues for the Commission. As such, this amendment request has been submitted two previous times and then withdrawn by City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 2 the City in order to accommodate further coordination and discussions with Commission staff For the most part, the Commission is not chiefly concemed with the abatement and/or regulation of nonconforming buildings and uses. However, when there are nonconforming structures that are sited in inherently hazardous areas, such as coastal bluffs, or adjacent to the shoreline and lagoons where public access, either for recreational purposes or enjoying scenic amenities, may be affected, the Commission does have an interest in abating certain nonconforming structures or the nonconforming elements of specific buildings that adversely impact coastal resources or public recreational opportunities. In particular, along the ocean shoreline, the potential for future shoreline armoring to protect a principal structure that is inappropriately sited in a hazardous location should be considered when evaluating nonconforming structures. The Commission has seen multiple applications over the years for development associated with blufftop structures that are sited too close to the bluff edge, where the piecemeal renovation of these structures has resulted in an essentially fully remodeled, expanded or replaced structure that maintains an inappropriate setback. Often, these fully renovated, remodeled, or replaced homes ultimately end up needing some kind of bluff or shoreline protection, causing adverse impacts to coastal resources and public access. Between the ocean or lagoons and the first public roadway, nonconforming structures with inadequate yard setbacks can also block valuable public view corridors or potential public access opportunities. As proposed, the City's language provides the needed assurances that the reconstruction of homes in an unsafe geological setting or that currently blocks significant/important public views would not be permitted. Specifically, it is clarified in numerous locations that the issuance of a non-conforming construction permit does not replace the requirement for issuance of a coastal development pennit ("CDP") and it is through the CDP issuance that the City's LCP policies will most appropriately be applied. The proposed language also includes that no construction proposal will be approved that increases the degree of nonconformity and no expansion can be approved if the area of expansion does not comply with current development standards. Finally, the City has provided evidence demonstrating that the majority of the City's coastline will not be developed because it is in public ownership and of those remaining areas where residential development exists, very few ofthe structures are legally non-conforming. Thus, this ordinance would very rarely be applied to shorefront development (ref Exhibit Nos. 6,7, 8). Therefore, the City's proposed language can be found consistent with the City's certified Land Use Plan (LUP). However, the City has indicated that since the time the City Coimcil approved the amendment, a technical correction has been identified pertaining to noticing requirements. To remedy this, the City has requested that one suggested modification be included. Therefore, to accommodate this request, staff is suggesting the proposed amendment be rejected as submitted and approved with the one, aforementioned, modification. City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 3 The appropriate resolutions and motions begin on Page 5. The suggested modification mav be found on Page 6. The findings for denial of the Implementation Plan Amendment as submitted begin on Page 6. The findings for approval of the amendment, if modified, begin on Page 8. ADDITIONAL INFORMATION Further information on the City of Carlsbad's LCP Amendment No. 1-12 may be obtained fi-om Toni Ross. Coastal Planner, at (619) 767-2370. City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 4 PARTL OVERVIEW A. LCP HISTORY The City of Carlsbad's certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village Redevelopment. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/ Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21,1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a deferred certification area until an implementation plan for that segment is certified. This amendment modifies the City's Implementation Plan (IP) only. B. STANDARD OF REVIEW Pursuant to Section 30513 of the Coastal Act, the Commission may only reject zoning ordinances or other implementing actions, as well as their amendments, on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. The Commission shall take action by a majority vote of the Commissioners present. C. PUBLIC PARTICIPATION Section 30503 ofthe Coastal Act requires local govemments to provide the public with maximum opportunities to participate in the development of the LCP amendment prior to its submittal to the Commission for review. The City has held Planning Commission and City Council meetings with regard to the subject amendment request. All of those local hearings were duly noticed to the public. Notice of the subject amendment has been distributed to all known interested parties. City of Carlsbad LCPA I-12 Non-Conforming Buildings and Uses Page 5 PARTIL LOCAL COASTAL PROGRAM SUBMITTAL - RESOLUTIONS Following a public hearing, staff recommends the Commission adopt the following resolutions and findings. The appropriate motion to introduce the resolution and a staff recommendation are provided just prior to each resolution. I. MOTION I: / move that the Commission reject the Implementation Program Amendment for City of Carlsbad LCPA No. 1-12 as submitted. STAFF RECOMMENDATION OF REJECTION: Staff recommends a YES vote. Passage of this motion will result in rejection of Implementation Program and the adoption of the following resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present. RESOLUTION TO DENY CERTIFICATION OF THE IMPLEMENTATION PROGRAM AS SUBMITTED: The Commission hereby denies certification of the Implementation Program Amendment submitted for the City of Carlsbad and adopts the findings set forth below on groimds that the Implementation Program as submitted does not conform with, and is inadequate to carry out, the provisions of the certified Land Use Plan. Certification of the Implementation Program would not meet the requirements of the Califomia Environmental Quality Act as there are feasible altematives and mitigation measures that would substantially lessen the significant adverse impacts on the environment that will result from certification of the Implementation Program as submitted II. MOTION II: / move that the Commission certify the Implementation Program Amendment for City of Carlsbad LCPA No. 1-12, if it is modified as suggested in this staff report. STAFF RECOMMENDATION: Staff recommends a YES vote. Passage of this motion will result in certification of the Implementation Program Amendment with suggested modifications and the adoption of the follovdng resolution and findings. The motion passes only by an affirmative vote of a majority of the Commissioners present. RESOLUTION TO CERTIFY THE IMPLEMENTATION PROGRAM AMENDMENT WITH SUGGESTED MODIFICATIONS; The Commission hereby certifies the Implementation Program Amendment for the City of Carlsbad if modified as suggested and adopts the findings set forth below on grounds that the Implementation Program Amendment, with the suggested modifications, conforms with and is adequate to carryout the certified Land Use Plan. Certification of City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 6 the Implementation Program Amendment if modified as suggested complies with the Califomia Environmental Quality Act, because either 1) feasible mitigation measures and/or altematives have been incorporated to substantially lessen any significant adverse effects of the Implementation Program Amendment on the environment, or 2) there are no further feasible altematives and mitigation measures that would substantially lessen any significant adverse impacts on the environment. PART IIL SUGGESTED MODIFICATION Staff recommends the following suggested revision to the proposed Implementation Plan be adopted. The underlined sections represent language that the Commission suggests be added, and the struck out sections represent language which the Commission suggests be deleted from the language as originally submitted. 1. Modify Policy 21.48.080.G.1 asfollows: G. Mailing of Notice of Decision. 1. Not later than seven days follovdng the aimoimcement 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 director, 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 request for a notice of decision. PART IV. FINDINGS FOR REJECTION OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT. AS SUBMITTED A. AMENDMENT DESCRIPTION The proposed LCP amendment includes an amendment to the City's Implementation Plan only. The amendment includes the following: 1) Repeal and reenact Chapter 21.48 - Non-Conforming Buildings and Uses; 2) include new and amended definitions (Chapter 21.04 - Definitions); 3) repeal Section 21.46.210 (Chapter 21.45 - Yards); 4) amend Section 21.44.010 (Chapter 21.44 - Parking), and 5) amend Section 21.45.090-A.2 (Chapter 21.45 - Planned Development). All proposed revisions pertain to non- conforming buildings or uses, and were developed to encourage rehabilitation and/or repair of over-density residential structures and other nonconforming buildings and uses. Many of the structures that constitute non-conforming residential stractures are ones that were legally constmcted prior to the City's adoption of its Growth Management Plan and they exceed the current density limits for the parcel's zoning designation. However, the City now desires the option to maintain and even allow improvements to such stractures if desirable and the provisions of the newly proposed zoning provisions can be met. Specifically, the City has indicated that its current zoning chapter on non-conforming buildings and uses needs updating and the proposed new and amended chapter would City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 7 facilitate I) nonconforming stractures and uses to be repaired or altered, 2) nonconforming residential and non-residential stractures and residential uses to expand or be replaced through a new administrative Nonconforming Constraction Permit, 3) the expansion and replacement of nonconforming non-residential uses by a Conditional Use Permit, and 4) the expansion of residential stractures (up to 40% of their existing floor area or 640 square feet, whichever is less) that are nonconforming solely due to inadequate setbacks without the need for an administrative Nonconforming Constraction Permit, provided that the expansion area complies with all existing development standards. As proposed, legally constracted residential and non-residential stractures could be maintained, repaired, altered, expanded and even voluntarily replaced subject to adherence to these new regulations. In general, the new regulations will provide that authorized repairs, alterations, expansions or replacements will still require all discretionary permits, including a coastal development permit, and the improvements cannot result in an additional stractural nonconformity and any area of expansion must comply with all current development standards, including, but not limited to, setbacks. The Nonconforming Constraction Permit would allow the Planning Director to administratively approve the expansion/replacement of residential and non-residential stractures. In order for the Plaiming Director to approve a Nonconforming Constraction Permit, the following findings have to be made: 1) the expansion/replacement would not result in an adverse effect to persons or property, 2) the expansion or repair complies with all fire protection and building code regulations, 3) the resulting stracture would be considered an improvement to, or consistent with, the character of the neighborhood, and 4) the expansion/replacement area complies with all current applicable development standards, including potential changes in parking demand. The City has indicated that the proposed revisions are necessary because the current language was written about 50 years ago when the primary objective of the City was to abate all buildings and uses that were no longer consistent with its newly developed zoning ordinance. The City has indicated that it has rarely, if ever, abated a nonconforming use or structure pursuant to these provisions, and because the existing nonconforming stractures were only allowed typical maintenance, most of the nonconforming stractures are in need of large-scale repair, alteration, or replacement. The proposed revision would allow for a streamlined process to facilitate the renovation/replacement of these stractures. The City has indicated that any proposed development within the coastal zone would also be required to fulfill all coastal development permit application, noticing, and permit approval requirements consistent with the City's certified LCP. B. FINDINGS FOR REJECTION The standard of review for LCP implementation submittals or amendments is their consistency with and ability to carry out the provisions of the certified LUP. City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 8 a) Purpose and Intent of the Ordinance. The purpose of the ordinance is to govem the alteration, repair, expansion and/or removal of all existing non-conforming buildings or uses. b) Maior Provisions of the Ordinance. The major provisions of the proposed ordinance would allow: 1) nonconforming buildings and uses to be repaired and altered, 2) nonconforming residential and non-residential stractures and nonconforming residential uses to expand or be replaced by a new administrative Nonconforming Constraction Permit, and 3) would allow for the expansion or replacement of nonconforming non-residential uses by a Conditional Use Permit. The ordinance would also maintain provisions preserving the City's right to abate a legal nonconforming use or stracture that is no longer desirable and include an abatement process. c) Adequacy of the Ordinance to Implement the Certified LUP Segments. On the broader policy issues, the amendment request can be supported. However, as previously mentioned, the City has requested the inclusion of additional language for noticing provisions related to this matter. Under the Coastal Act and provided for in the City's land use plan, there are extensive provisions related to land use administration that support public participation. The City's request to address a technical correction clarifying the noticing requirements associated with approving a non-conforming constraction permit is important to maximize public participation and due process. Thus, while the bulk of the proposed amendment can be fotmd consistent, the amendment is being rejected as submitted to accommodate the City's request to expand public participation efforts. PARTV. FINDINGS FOR APPROVAL OF THE CITY OF CARLSBAD IMPLEMENTATION PLAN AMENDMENT. IF MODIFIED The City's proposed LCP amendment includes the repeal and re-enactment of its chapter on nonconforming buildings and uses. The City has indicated that the current language is outdated and no longer practical in that it primarily consists of timelines and guidelines facilitating the abatement of all existing nonconforming stractures. This language was developed almost 50 years ago; and, in that time, very few, and perhaps none, ofthe nonconforming buildings or uses have been abated. As such, the City is proposing new language that would streamline the permitting process for alterations, repair, expansions, and replacement of such stractures. In most cases, existing stractures would be permitted to maintain their nonconforming elements, as long as the area of expansion or renovation complies with current codes and building standards and the work does not result in any additional stractural nonconformity. Because the proposed amendment only modifies the City's implementation plan component of the City's LCP, the amendment must be foimd consistent with the City's certified land use policies. The following listed policies are applicable and state: City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 9 Poiicv 4-1 Coastal Erosion - Development Along the Shoreline a. For all new development along the shoreline, including additions to existing development, a site-specific geological investigation and analysis similar to that required by the Coastal Commission's Geologic Stability and Blufftop Guidelines shall be required, for all permitted development, this report must demonstrate bluff stability for 75 years, or the expected lifetime of the stracture, whichever is greater. Additionally, permitted development shall incorporate drought-resistant vegetation in landscaping, as well as adhering to the standards for erosion control contained in the City of Carlsbad Drainage Master Plaa A waiver of public liability shall be required for any permitted development for which an assurance of stractural stability caimot be provided. Policy 4-1 Coastal Erosion - III. Shoreline Stractures Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such constraction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing stractures or public beaches in danger from erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Policy 7-12 - Seaward of Ocean Street New deyelopment on the seaward side of Ocean Street shall observe, at a minimum, an ocean setback based on a "stringline" method of measurement. No enclosed portion of a stracture shall be permitted further seaward than the adjacent stracture to the north and south; no decks or other appurtenances shall be permitted fiirther seaward than those on the adjacent stractures to the north and south. This policy shall be used on single-family "infill" parcels, and a greater ocean setback may be required for geologic reasons. Mello II Poiicv 8-1: The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad coastal zone to assure the maintenance of existing views and panoramas. Sites considered for development should undergo review to determine if the proposed deyelopment will obstract views or otherwise damage the visual beauty of the area. The Planning Commission should enforce appropriate height limitations and see- through constraction, as well as minimize alterations to topography. The primary concems raised by the City's proposed amendment are centered on the potential for coastal resource and public access impacts associated with the perpetuation of non-conforming stractures. The amendment would allow legal non-conforming stractures to be repaired, altered, expanded and replaced retaining the non-conforming element of the stracture. This raises two distinct concems regarding consistency with the City's LUP. City of Carlsbad LCPA I-12 Non-Conforming Buildings and Uses Page 10 First, for stractures located on the shorefront, if a stracture is inappropriately sited in a hazardous location, major renovations/replacement project may, therefore, be inconsistent with LUP Policy 4.1 pertaining to geologic hazards and the constraction of shoreline protective devices. Between the ocean or lagoons and the first public roadway, nonconforming stractures with inadequate yard setbacks could also block valuable public view corridors or potential public access opportunities. The City of Carlsbad's coastline includes coastal bluffs, two salt water lagoons (Batiquitos and Agua Hedionda Lagoons), one fresh water lagoon (Buena Vista Lagoon), Califomia State Park lands; as well as traditionally developed lands (residential, commercial, visitor serving development). For the lagoon-fironting properties, a significant portion of all three lagoons remain undeveloped, and much of this land is protected as open space. Therefore, currently undeveloped lagoon-fronting properties do not raise policy issues because these lands will either remain undeveloped or will be required to adhere to current development standards. The developed lagoon-fronting sites generally do not raise concems related to the proposed amendment because the existing development conforms to current standards. Staff visited the developed areas of the City's lagoons and verified that the majority of existing development is newer, provides adequate setbacks, and also provides improved public access. Additionally, any proposed development located adjacent to a lagoon is required to provide increased rear yard setbacks through the resource protection policies of the City's LCP, such that non-conforming rear yard setbacks do not exist. As such, the Commission determines that, based on the conditions specific to the City of Carlsbad, and verified by Commission staff, lagoon fronting properties within the City of Carlsbad do not present site conditions that raise concems associated with the abatement or perpetuation of non-conforming stractures with respect to the protection of coastal resources and public access. Therefore, the remaining concems pertaining to the ability of the proposed amendment to adequately carry out the certified LUP are limited, in this case, to abatement of non- conforming stractures on ocean-fronting property. As briefly discussed above, a significant portion of Carlsbad's oceanfront is owned and maintained by Califomia State Parks and is either undeveloped or developed as South Carlsbad State Beach Campground. Thus, there are only two areas of private oceanfront development; Ocean Street and the Terramar neighborhoods. Ocean Street is approximately six blocks north to south and includes a mix of development, including the Army Navy Academy, residential stractures, hotels and vacation rentals. Terramar is comprised of Tierra Del Oro Road and Shore Drive and is completely residential. Additionally, there are four ocean-fronting homes located directly south of Terramar and west of Carlsbad Boulevard. Thus, the potential for private shoreline development in the City of Carlsbad is limited to the aforementioned areas. To better illustrate how much ofthe City's shorefront would not be affected by the proposed amendment, the City has submitted an exhibit (ref Exhibit #6) indicating that only 1.2 miles (or 18% of the City's shorefront) is privately owned. The exhibit also serves to illustrate the expansive public access opportunities that already exist along the City's shorefront. In addition, the City has submitted an additional exhibit demonstrating that of the limited residential development opportunities City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 11 within the City along the beach, existing non-conforming stractures are even further limited. As defined by the current development standards, there are only 13 stractures that can be considered legal non-conforming, thus there are only 13 stractures where the proposed new ordinance language would apply. The City's development standard for establishing rear yard setbacks for ocean front properties is determined by the "stringline setback." The stringline is determined by drawing a line between the adjacent stracture to the north and south. Enclosed stractures, decks, or any other appurtenances are not permitted further seaward than the line of deyelopment established by the stringline setback. By allowing stractures that currently don't comply with this requirement to be repaired, altered, expanded and replaced, the stracture could then be located in a geologically unsound location and may require the constraction of a shoreline protective device. The City's LUP only allows the constraction of shoreline protection devices for existing structures in danger from erosion. In this amendment, the City could be facilitating the constraction of a shoreline protective device for a new stracture or substantially renovated stracture. However, as proposed, the amendment includes language, at numerous points throughout the ordinance, clarifying that the issuance of a non-conforming constraction permit does not alter the requirement to obtain all other required discretionary and building permits. Thus, deyelopment in the coastal zone would still require the issuance of a coastal development permit. As a certified component of the City's LCP, Policy 4.1 fiirther requires that all new development along the shoreline, including additions to existing development, provide a site-specific geologic investigation and analysis that demonstrates bluff stability for 75 years, or the expected lifetime of the stracture. Therefore, while the proposed ordinance could facilitate the repair, alteration, expansion and replacement of stractures along the shorefront that currently do not comply wiih the City's rear yard setback; these improvements could only be permitted if the proposed work is found to be geologically sound. By limiting the need for shoreline protective devices, and thus limiting private development encroachment on the beach through the constraction of shoreline protective devices, the policy also serves to protect existing public access. Therefore, the proposed amendment as submitted by the City can be foimd consistent with its certified LUP regarding the need to assure geologic stability and thus deter the potential need for future shoreline protective devices. As called out in LUP Policy 8.1, the City's LCP contains "The Scenic Preservation Overlay Zone," which is applied to all shorefront development and assures the maintenance of existing views and panoramas. Specifically, it requires that sites considered for development should undergo review to determine if the proposed development will obstract views or otherwise damage the visual beauty of the area. Thus, through the issuance of a coastal development permit, potential impacts to scenic resources would still be assessed and public views protected. In addition, the proposed amendment includes language that prohibits development proposals that would increase the degree of nonconformity. Thus, potential view impacts associated with rear yard setbacks would not be a concem. As discussed above, the City's rear year setbacks are determined by the location of adjacent development. This leads to a general and fairly ubiquitous "line of development" along the shorefront. By prohibiting new development City of Carlsbad LCPA 1-12 ^ Non-Conforming Buildings and Uses Page 12 from increasing the degree of nonconformity or creating any new stractural nonconformity, the line of development will remain fairly uniform and no precedent for a new, more significantly seaward, "line of development" will be possible through the approval ofthe proposed amendment. Finally, the City's proposed language also requires any proposed additions comply with all current development standards, thus all existing public views and public access opportunities will not be encroached into by private deyelopment associated with the subject amendment. Thus, as proposed, the amendment can be found consistent with the City's LUP regarding potential impacts to scenic resources and coastal access. However, the City has indicated to the Commission, that at some point between the City's certification of the amendment and the Commission's review of the amendment, a technical correction was identified by City staff. Specifically, a portion of language was omitted from the noticing section of the proposed amendment. To remedy this omission, the City has requested the Commission incorporate additional language on public noticing measures as a suggested modification of this certification. As such. Suggested Modification #1 has been included to rectify this error. In conclusion, as generally presented and with the inclusion of the updated public notice measures, the City's proposed language can be found consistent with the City's LUP and adequate to assure protection of coastal resources. PART VI. CONSISTENCY WITH THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA) Section 21080.5 of the Califomia Environmental Quality Act (CEQA) exempts local govemment from the requirement of preparing an environmental impact report (EIR) in connection with its activities and approvals necessary for the preparation and adoption of a local coastal progrzun. The Commission's LCP review and approval program has been found by the Resources Agency to be functionally equivalent to the EIR process. Thus, under CEQA Section 21080.5, the Commission is relieved of the responsibility to prepare an EIR for each LCP. Nevertheless, the Commission is required, in a LCP submittal or, as in this case, a LCP amendment submittal, to find that the approval of the proposed LCP, or LCP, as amended, conforms to CEQA provisions, including the requirement in CEQA section 21080.5(d)(2)(A) that the amended LCP will not be approved or adopted as proposed if there are feasible alternative or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. (14 CCR. §§ 13542(a), 13540(f), and 13555(b)). The Commission finds that approval ofthe proposed LCP amendment, as submitted, would not result in significant impacts under the meaning of the Califomia Enviromnental Quality Act. However, the City has indicated that the subject amendment language warranted a technical correction that the City requested be incorporated through a suggested modification. The proposed amendment was rejected as proposed and modified to include the City's requested changes. The proposed zoning ordinance would not result in City of Carlsbad LCPA 1-12 Non-Conforming Buildings and Uses Page 13 significant impacts to the environment within the meaning of the Califomia Enyironmental Quality Act. Therefore, the Coinmission finds that approval of the LCP amendment will not result in any significant adverse environmental impacts. (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-l-12 Non-Comforming Uses.doc) 1 2 3 4 5 6 7 8 9 1^ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 RESOLUTION NO. 2009-211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING A LOCAL COASTAL PROGRAM AMENDMENT TO AMEND THE IMPLEMENTING ORDINANCE OF THE CARLSBAD LOCAL COASTAL PROGRAM (TITLE 21 - ZONING) TO: 1) REPEAL AND RE- ENACT THE NONCONFORMING BUILDINGS AND USES - CHAPTER 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04- DEFINITIONS, 3) REPEAL SECTION 21.46.210 OF CHAPTER 21.46 - YARDS, 4) AMEND SECTION 21.44.010 OF CHAPTER 21.44 - PARKING AND, 5) AMEND - SECTION 21.45.090A OF CHAPTER 21.45 - PLANNED DEVELOPMENTS. CASENAME: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION CASE NO.: ZCA 09-01/LCPA 09-01 WHEREAS, pursuant to the provisions of the Municipal Code, the Planning Commission did, on June 17. 2009 and July 1. 2009, hold a duly noticed public hearing as prescribed by law to consider a Negative Declaration, Zone Code Amendment (ZCA 09-01) and Local Coastal Program Amendment (LCPA 09-01) and adopted Planning Commission Resolutions No. 6573, 6574 and 6575 recommending to the City Council adoption of the Negative Declaration and approval of ZCA 09-01 and LCPA 09-01; and WHEREAS.- the Citv Council did on the 11"^ dav of A^jU^. 2009 hold a duly noticed public hearing as prescribed by law to consider the Negative Declaration, Zone Code Amendment and Local Coastal Program Amendment; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the City Council considered all factors relating to the Negative Declaration, Zone Code Amendment and Local Coastal Program Amendment NOW, THEREFORE, the City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the above recitations are true a 2. That the findings and conditions of in Planning Commission Resolutions No. 6573 and 6575 c part hereof by reference, constitute the findings ofthe City^ EXHIBIT #1 Resolution of Approval LCPA # f'13^ Nonconforming Buildings and Uses 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the application for a Negative Declaration and a Local Coastal Program Amendment (LCPA 09-01) is adopted and approved as shown in Planning Commission Resolutions No. 6573 and 6575, on file with the City Clerk and incorporated herein by reference. 4. That the approval of LCPA 09-01 shall not become effective until it is approved by the California Coastal Commission and the California Coastal Commission's approval becomes effective. PASSED. APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 11th day of August, 2009, by the following vote to wit: AYES: NOES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn None. ABSENT: None. I/] , / ^ Signature onfiCe ^ fLAUC^^EWlS. Mayor ATTEST: Signature on fife ? LORRAINEM,W,QOD, City Clerk (SEAL) X-^vsaAp^ 1 2 3 4 5 6 7 B 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 ORDINANCE NO. CS-OSO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA. APPROVING A ZONE CODE AMENDMENT TO: 1) REPEAL AND REPLACE THE NONCONFORMING BUILDINGS AND USES - CHAPTER 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04- DEFINITIONS. 3) AMEND CHAPTER 21.46 -YARDS TO DELETE SECTION 21.46.210, 4) AMEND CHAPTER 21.44 - PARKING TO REVISE SECTION 21.44.010 AND, 5) AMEND CHAPTER 21.45 TO REVISE SECTION 21.45.090A. CASENAME: NONCONFORMING BUILDINGS AND USES ORDINANCE REVISION CASE NO.: ZCA 09-01/LCPA 09-01 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21 of the Carisbad Municipal Code is amended to read as follows: Title 21 ZONING Chapters: 21.48 Nonconfonning Lots, Structures and Uses SECTION II: That Chapter 21.04 of the Carlsbad Municipal Code is amended to read as follows: 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 of the property, building, parking and other improvements. 21.04.275 Nonconforming structure. "Nonconforming structure" means a structure, or port! erected or altered and maintained, but which, because of the EXHIBIT #2 Ordinance of Approval l-CPAi<*1-'7a^>nconforming Buildings and Uses 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 of the zone in which it is located. 21.04.280 Nonconforming non-residential use. "Nonconforming non-residential use" means a non-residential use which was lav\^ully established and maintained, but which, because of the application of this title to it, no longer conforms to the current use regulations of the 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 Grov\rth 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 locafion 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". /// -2-U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION III: That Chapter 21.44 of the Carlsbad Municipal Code is amended to read as follows: 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 pf two off- street parking spaces are provided on-site in a location consistent with Section 21.44.060(4). 3. Any change of use within an existing building. SECTION IV: That Chapter 21.45 of the Carlsbad Municipal Code is amended to read as follows: Chapter 21.45 PLANNED DEVELOPMENTS 21.45.090 Residential additions and accessory uses General. 1. Additions and accessory uses shall be subject to all applicable development standards of this chapter, unless othenwise specified in this section. 2. Additions to buildings that are legally nonconforming shall comply with the requirements of Chapter 21.48 of this code. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION V: That Section 21.46.210 of the Carlsbad Municipal Code is repealed. SECTION VI: That Chapter 21.48 of the Carlsbad Municipal Code is repealed in its entirety and reenacted as follows: 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 orderly 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Permit the repair, alteration, expansion or replacement of nonconforming structures subject to the regulations herein. 5. Permit the expansion or replacement of nonconforming uses subject to the regulations herein. 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 on the date of adoption or amendment of this chapter, and has existed continuously as defined herein. B. Nothing in this chapt£T shall be deemed to prevent the 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. /// /// /// -5- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 of the 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); 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 satisfy the increase in parking demand. 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 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 Title 17 and Title 18. C. Expansion. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. A nonconforming residential structure and/or a nonconfonning 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(8). 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(8). 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 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 construction permit is submitted and the planning director approves the findings of fact pursuant to Section 21.48.080(8) prior to the date of the 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 Title 17 and Title 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. -8-IL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 pennit 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(8). 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. 8. 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, I' 1 provided thaf he repair or alteration complies with all current fire protection and building codes 2 and regulations contained in Title 17 and Title 18. 3 C. Expansion of Use. 4 1. A nonconforming non-residential use may be expanded, so as to occupy a 5 greater area of land or more floor area within a structure, subject to issuance of all required 6 discretionary and building permits, provided that an application for a conditional use permit is 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 submitted and the planning commission approves the findings of fact pursuant to Section 8 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 nonconfonnity with the use regulations of this title. G. Discontinuance. 25 1. If a structure or parcel of land which is occupied by a nonconforming non- 25 residential use is, or hereafter becomes vacant and remains unoccupied either temporarily or 27 permanently, whether with the intent to abandon the use or not, for a continuous period of one 28 •10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 year or more, the planning director shall determine and shall notify the owner of the property, via certified return receipt mail, 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 of fact 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 required discrefionary and building permils 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) prior to 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 of fact listed in Section 21.42.080(8) of this 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. •11- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) of this chapter. c. The expansion/replacement structure shall comply with all current fire protection and building codes and regulations contained in Title 17 and Title 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 applicafion shall state fully fhe 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. 4f^^'^ 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 consiruction permits shall be acted upon in accordance with the decision process identified below: -12- 1 a. Any person so notified in accordance with Section 21.48.080(D) above may file 2 writlen objections or a written request to be heard within ten days after the 3 mailing or personal delivery of the nolice. If a written request to be heard is filed, 4 the planning director shall schedule an informal hearing and provide written 5 notice to the applicant and the requestor al least five days prior lo the hearing. 6 The hearing is not a formal public hearing. 7 b. An application for a nonconforming consiruction permit may be approved, 8 conditionally approved or denied by the planning director based upon his/her 9 review of the facts as set forth in the application and review of the circumstances 10 of the particular case. 11 c. The planning director may approve the nonconforming consiruction permii if all of 12 the findings of fact in Seclion 21.48.080(8) of this chapter are found to exist. 13 F. Announcement of Findings and Decision. 1. Not more than twenty days following the termination of the proceedings for a nonconforming construciion permii. 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 construciion permii necessary lo carry out the provisions and general purpose of this tille; b. That the nonconforming consiruction permit be granted or denied; and, c. If the letter orders lhal the nonconforming construction permii 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 permii be granted or denied, a copy of the letter shall be mailed to the applicani al the address shown on the application filed with the planning director. <>--xL ^ - . 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -13- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 H. Appeals. 2 1. In the case of nonconforming construction permits, the action of the planning 3 director may be appealed to the planning commission in accordance wilh Seclion 21.54.140 of 4 this title. The planning commission's action to approve, conditionally approve or deny is final. 5 I. Expiration Period. 6 1. Expiralion of Permii if Nol 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 lhan forty-five days prior to the expiralion 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 construciion 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 detemnined by the planning director to be adverse to the orderiy development of the city and/or lo the public health, safety, or welfare -14- 1 of persons or property, the planning director shall schedule a public hearing by the planning 2 commission lo establish the conditions of abatement and the abatement period. The abatement 3 period shall start from the dale of the applicable resolution and shall be: 4 1. For all Residential Uses. 5 a. Not less lhan one or more than five years. 6 2. For all Non-Residential Uses. 7 a. Not less than one or more than ten years. 8 3. For all Nonconforming Structures. 9 a. Nol less lhan three years or more than twenty-five years. 10 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to 11 Section 6.16.150 ofthe Carlsbad Municipal Code. 12 B. . Public Hearing Notice. 13 1. Nolice of said public hearing shall be given as required by Seclion 21.54.060. 1'* C. Public Hearing Evidence. 15 1. The planning commission, shall consider at the public hearing, all pertinent data 1^ to enable it to arrive al an equitable abatement period which will protecl the public health, safety or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, to ^ ^ amortize their investment so lhat any loss will be minimized. 19 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 prior lo the date of nonconformity. D. Hearing Decision. 20 21 22 23 24 25 26 27 28 -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 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, lo the County Recorder of San Diego for recordation. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, but not until approved by the California Coastal Commission and the City Clerk shall certify lo the adoption of this ordinance and cause it to be published at least once in a publication of general circulation in the City of Carisbad within fifteen days after ils adoption. /// /// /// /// /// /// /// -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 11*^ day of August, 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 18"" day of August, 2009, by the following vote, to wit: AYES: Council Members Lewis. Kulchin. Hall, Packard. Blackburn NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY: Signature onJiCe RONto) R. BALL, City Attorney Signature onfiCe JLKLSDIX LESVIS, tey^r' ^ ATTF.'^T- Signature onfiCe L^^JN^^i^OD^P^ierT Karen R. Kundtz, AssistanfCity Clerk Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 2L48 ~ Strike-ouiAJnderline Version \poge 1 Title 21 ZONING Chapters: 21.48 Nonconforming—Buildingc—an^—Uses Nonconforming Lots, Structures and Uses Chapter 21.04 DEFINITIONS 21.04.027 Alter. "Alter" means anv 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 existinq structure or use including the physical size of the propertv. buildinq. parking and other improvements. 21.04.275 Nonconforming building structure. "Nonconforming building structure" means a building structure, or portion thereof, which was lawfully erected or altered and maintained, bul which, because of the application of this title to il. no longer conforms lo the use, height or aroa regulationo 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 of the zone in which it is located. 21.04.280 Nonconforming use. 21.04.280 "Nonconforming use" meano o uee which was lawfully ectabliched and maintained bul which.-becauce-of the application of thio title to it,-no longer conformo to tho UBO regulations of-the zone in-which it ie located. A nonconforming-building-or nonconforming portion ofthe building shall be deemed to oonetitulG a nonconforming use ofthe land-upon-which it islocalod.- (Ord. 0060 § 255) 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 of the zone in which it is located. EXHIBIT #3 Language in Strike-out and Underline Formatting LCPA #1-12 Nonconforming Buildings and Uses California Coastal Commission Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 — Strike-oui/Underline Version \page 2 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. 21.04.5^ 354 Structure. "Structure" means anything constructed or erected which requires locafion on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less- than six feel 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. Additions -or alleralionD-to -an existing ono family dwelling whon- the addition or alteration resullc-in leoo-than 300 square feetof cumulative-additional floor spac6^(ovor the amounl of tho original dwelling struoture); a. An existing single familv 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). 3. Any change of use within an existing building. Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-out/Vnderline Version \page 3 SECTION IV: That Chapter 21.45 of the Carisbad Municipal Code is amended lo read as follows: 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 otherwise specified in this section. 2. Enlargement -of Additions to buildings that are legally nonconforming shall comply with the reguirements of Chapter 21.48 of this code, by reason of inadequate Betbaoks is permitled, providod lhat such onlargement doos nol inoroaee tho floor space more-than 40% of that existing prior to-GUoh enlargement, ond that the now addition-complies with the setbacke and lot coverage roquiroments of-thiD chapter. Chapter 21.46 YARDS 21;46.-210, Substandard-Lots When a lot has lees than tho minimum required area or width as eel forth in any of the zones contained heroin, or in a precise plan,-and was of record on the effective date of the ordinance codified in this titlo, suoh lot shall-be deemed -to have complied with the minimu'm lot area or width as sot forth in such zone or prooise plan. The lot area per dwelling-unit shall, however;- remain as speGlfied -in the applicable area district, except that in no instance-shall this provision prevont the erection of a single family dwelling on any 6ubstandafd4otr (Ord. 9060 § 1620) 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. Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-outAJnderline Version \p(tge 4 21.48.010 Purpose and intent A. The purpose and intent of this chapter is to: L 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 orderly 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 nof 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 subiect to the regulations herein. 5. Permrt the expansion or replacement of nonconforming uses subiect to the regulations herein. 21.48.020 Applicability. A. The provisions of this chapter apply to: L Legally created lots which do not conform to the current reguirements 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 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 strengthening or restoring to a safe condition of anv structure or part thereof declared to be unsafe by anv citv official charged with protecting the public safetv. 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 of the zone, master plan, or specific plan in which it is located. 21.48.050 Nonconforming residential structures and uses. A. Specific Provisions. r • o Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Sirike-out/Underline Version Ipage 5 L 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): and. c. Reduce the number and size of any reguired existing parking spaces. 2. Any expansion of floor area or the addition of a new dwellinq unit that results in an increase in parking demand, pursuant to chapter 21.44, shall provide additional parking to satisfy the increase in parking demand. 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 subiect to issuance of all required discretionary and buildinq permits, provided that the repair or alteration complies with all current fire protection and building codes and regulations contained in Titie 17 and Titie 18. C. Expansion. li 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 subiect to issuance of all reguired 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(6). 2i Where a single-family residential structure is nonconforming only by reason of substandard yards, the provisions of this chapter reguiring a nonconforming construction permit for an expansion shall not apply provided that: a. The area of expansion is not more than 40% of the existinq floor space prior to the enlargement or a maximum of 640 sguare 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 sguare 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 heiqht 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 Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-oui/Underline Version \page 6 disaster, mav 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 Subseguent Replacement ll A nonconforming residential structure and/or nonconforming residential use that is proposed to be voluntarily demolished mav be replaced subiect to issuance of all required discretionarv and building permits and provided that an application for a nonconforming construction permitis submitted and the planning director approves the findings of fact pursuant to Section 21.48.080(B) prior to the date ofthe demolition. 21.48.060 Nonconforming non-residential structures. A. Specific Provisions. L A nonconforming non-residential structure may be continued and the structure repaired, iaitered. expanded or replaced in accordance with the provisions of this chapter provided that the repair, alteration, expansion or replacement does riot: 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 reguired existing parking spaces. 2. Any expansion of floor area that results in art increase in parking demand, pursuantto chapter 21.44. shall provide additional parking to satisfy the increase in parking demand. B. Repair or Alteration. L A nonconforming non-residential structure may be repaired or altered subject to issuance of all reguired discretionary and building permits, provided that the repair or alteration complies with all current fire protection and building codes and regulations contained in Titie 17 and Titie 18. C. Expansion. L A nonconforming non-residential structure may be expanded, so as to occupy a greater area of land or more floor area subiect to issuance of all reguired 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(8). D. Replacement in the Event of a Disaster. L A nonconforming non-residential structure that is destroved by fire, explosion, or other casualty or natural disaster, may be replaced subiect 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 L A nonconforming non-residential structure that is proposed to be voluntarily demolished may be replaced subject to issuance of all required Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 ~ Strike-outAJnderline Version \page 7 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. AJ Specific Provisions. li 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 shall 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 reguired existing parking spaces. 2. Anv 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. li A structure which is occupied by a nonconforming non-residential use mav be repaired or altered subiect to issuance of all required discretionarv and building permits, provided that he repair or alteration complies with all current fire protection and buildinq codes and regulations contained in Title 17 and Titie 18. C. Expansion of Use. li 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 reguired 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). Relocation. li A nonconforming non-residential use may be moved, in whole or in part, to anv other on-site structure, or to any other portion of the structure, lot or site within or upon which it is located, subiect 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. li 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. li 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 anv other manner increase the degree of nonconformity with the use regulations of this title. Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-outAJnderline Version \page 8 Ci Discontinuance. li If a structure or parcel of land which is occupied by a nonconforming non-residential use is. or hereafter becomes vacant and remains unoccupied either temporarily or p&fmanently. whether with the intent to abandon the use or not for a continuous period of one year or more, the planning director shall determine and shall notify the owner of the propertv. via certified return receipt mail, 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. L A nonconforming non-residential use that is destroved by fire. explosion, other casualty or natural disaster, may be reestablished subject to issuance of all reguired 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 of fact pursuant to Section 21.42.030(A). I. Voluntary Demolition and Subseguent Reconstruction. ll A nonconforming nbn-resideritial use that is proposed to be voluntarily demolished and subseguently reconstructed, may be reestablished subject to issuance of all required discretionaiy and Ibuildirig 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) prior to the demolition. 21.48.080 Nonconforming construction permit A. Authoritv. _ ll The planning director or his designee may approve, jconditionally approve or deny a nonconforrhing construction permit as prescribed in this chapter, upon making the findings of fact listed in Section 21.42.080(B) of this chapter. B. Findings of Fact L 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 impacf 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) of this chapter. c. The expansion/replacernent structure shall comply with all current fire protection and building codes and i-egulations contained in Title 17 and Title 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 ofthe neighborhood in which it is located. C. Application and Fees. li 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 Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-outAJnderline Version \page 9 relied upon as grounds forthe 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 processinq fee in an amount as specified by city council resolution. D^ Notices. li 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 ofthe subject real propertv 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. li 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 reguest to be heard within ten days after the mailing or personal delivery of the notice. If a written reguest to be heard is filed, the planning director shall schedule an informal hearing and provide written notice to the applicant and the reguestor 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. c. The planning director may 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. F. Announcement of Findings and Decision. L 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 carrv 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 of the letter shall be mailed to the applicant at the address shown on the application ^'^^ ^HMhe planning director. (X/v^cw. u>VO r^CiA^^M-d L In the case of nonconforming construction permits, the actidn of the ^s^^sU-A. ^ planning director may be appealed to the planning commission in accordance DuJb-^^tC^ with Section 21.54.140 of this title. The planning commission's action to approve. ' \\ooy\.jUA.^ Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-outAJnderline Version \poge 10 conditionally approve or deny is final. I. Expiration Period. 1. Expiration of Permit if Not Exercised. Bi 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 mav extend the time, without public notice, within which the right or privilege granted under a nonconforming construction permit must be exercised for one additional vear upon receipt of a written request from the applicant prior to fhe 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 li 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 orderly 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 by the planning commission to establish the conditions of abatement and the abatement period. The abatement period shall start from the date ofthe applicable resolution and shall be: li For all Residential Uses. a. Not less than one or more than five vears. 2. For all Non-Residential Uses. a. Not less than one or more than ten years. 3. For all Nonconforming Structures. Bi Not less than three years or more than twenty-five years. 4. Nothing in these provisions shall preclude abatement of a nuisance pursuantto Section 6.16.150 ofthe Carlsbad Municipal Code. B. Public Hearing Notice. 1. Notice of said public hearing shall be given as reguired by Section 21.54.060. Ci Public Hearing Evidence. L • The planning commission shall consider at the public hearing, al) pertinent data to enable it to arrive at an eguitable abatement period which will protect the public health, safetv or welfare of persons or property, vet will allow the owner of record, or lessee if applicable, to amortize their investment so that any loss will be minimized. 2. The owner or lessee shall be allowed to present any evidence related to the case. Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-outAJnderline Version \page 11 3. 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 maior equipment designed into the structure prior to the date of nonconformity. D. Hearing Decision. li After the close ofthe 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. li Notice of Decision to Owner. li The secretary of the planning commisston shall formallv notify the owner of the propertv of the action of the planning commission by mailing a copy of the resolution, via certified return receipt mail, within ten davs following the date of its adoption by the planning commission. fi Appeal. li The above action of the planning commission shall be tinal unless an appeal to the citv council is filed in accordance with the procedure provided in Section 21.54.150. G. Recordation. li The secretary of the planning commission shall transmit a final signed copy of the resolufion of- the planning commission or city council, whichever is final, to the County Recorder of San Diego for recordation. 10 Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-outAJnderline Version \page 12 Chapter 21.48 NONCONFORMING BUILDINGS AND USES 21.48.010 Limitation on other uses. 21.48.020 Removal of nonconforming buildings or change in status of nonconforming uso. 21.48.030 Application of chapter; 21.48.040 Nonconforming land use when no structure involved.- 21.48.050 Nonconforming uso of a conforming building. 21.48.060 Removal of nonconforming buildings. 21.48.070 Commission to determine conditions of abatement 21.48.080 Alteration, repair or expansion of nonconforming uses. 21.48.090 Alteration of building whon nonconforming by reason of inadequate yardsr 21.48.100 Public utility exemptions. 21.48.010 Limitation on other uses. While a nonconforming-use exists on any lol, no additional use may be established thereon, even Ihough such use would bo a conforming use. (Ord. 0060 § 1700) 21.48.020 Removal of nonconforming buildings or change in status of nonconforming user If any nonconforming building is removed, evory fuiure use of the land on which the building is located shall conform to-the provisions-of-lhis lille. If a nonconforming use vacates and is eucceedod by another and more restrictive use, it is evidence lhat the hoavier nonconforming use was ended and thereupon immodiately loses any vested right as such. If-the substitute uoo is itoolf nonconforming, the degree of nonconformity may not subsequently be increased by changing to a less restricted use. (Ord. 0060 §1701) 21.48.030 Application of chapt&f; The provisions of this chapter shall apply to buildings, lands and uses which hereafter become nonconforming due to any reclassification of zones under this title. (Ord. 9060 § 1702) 21.48.040 Nonconforming land use whon no structured involvod. In any zone the nonconforming use of land wherein no .struGturo is involved shall bo abated within one yoar from the date the ordinance codified in this title bocomos applicable, and any futuro uso of such land shall conform to the provisions of this ordinance. If the nonconforming use of land existing al the time this ordinance takes cffoct is thereafter disGontinued for six months or more, any future use of such land shall conform to the provisions of this title. Draft Nonconforming Lots, Structures and Uses Zone Code Amendmenl Chapter 21.48 - Strike-out/Underline Version \page 13 (Ord. 0060 § 1703) 2-1.48.050 Nonconforming use of a conforming bui4d4ftgT (a) IN R ZONES-All nonconforming uses of a conforming building in any of the R-zones shall be discontinued within throo years from the date of formal notice to the owner from the planning commission, or not later than fivo-years from the dale the provisions of this ordinance-becomes applicable to it. (b) iN C ZONES:-Every nonconforming-use of a conforming building in a C zone which use is first-permitted in a less roctrictive zone shall-be oomplstely removed before the expiration of a ten-yoar period-measured from-the date the-ordinance-oodifiod in this title-becomes applioablo to-it.- (G) IN M ZONES. The nonconforming use of a conforming building which is devoted to-any residentiol purpose, hospital (except emergency hospitals), hotetr institution or home for the treatment of convalescent persons, alcoholics, the wounded or mentally infirm, lodginghouses, schools, trailers used for human habitation, ortrailor parks, shall be completely romovod before the expiration of a ten-year period measured from the date tho ordinance codified in this title becomes opplicabie to it. (Ord. 0060 § 1704) 31.48.060 Removal of nonconforming buildings. fa)——IN R ZONES. Every nonconforming building in any oflhe R zones-, oxcopt residential buildings, churcho's and schools, whioh nonconforming building was dosignod or intended for a use not permitted in the R zone in which il is located, shall bo completely removed orallered to slructUFally conform to the uses permitted in the zone in which it-is located within the herein specified times upon notice from the planning commission, which timo is moasurod from tho date of conGtruction. In no caoo shall this period of time bo-less than fivo years from the date of notification by tho planning commission. As used in this seclion the designations "Type 1 Building", "Type 2 Building", "Type-3 Building",-'Typo 4 Building" and "Type 5 Building";-aro employed as dofinod in the existing building ordinances (4-) tf-property is occupied by structures of a type forwhich the existing building ordiPKance does not require-a building permit- One year; (33 Type 4 or Typo 5 building&-(light combustible frame and wood frame) Forty years; (S) Typo 2 or Type 3 buildings (heavy timber construction and ordinary masonry): (A) Apartments, offices,- hotels or residences having stores or-officos below-and apartmonts or officos above Thirty fivo years, (B) Wafehouses, stores, garages,- lofts -Thirty five-yeaF&r Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter21.48-Strike-outAJnderline Version \page 14 (C) Factories and industrial Forty-fivo years; -^4) Type 1 Buildings (fire resistant): —(A) Offices and hotels Forty-five years, (8) Theatres-Fifty years, (G) Warehouses, lofts, stores, garages Forty five years (D) Industrial- Thirty five years; -{b) IN C ZONES. -^4) Residential structures in a "C" zone exisling on the effective date of the ordinance codified in this title shall be considered as nonconforming uses and as such, shall be subjeci to those provision's of this ordinance which provide that a nonconforming building removed or destroyed may not bo replaced by other than a conforming building. Structural alterations or enlargemonls may be made; provided, that the degree of nonconformity may not be increased by changing to a less restricted residenlial use or by reducing yard widths loss than the prescribed minimum required in R 3 zone; ' -(3)-:—Every nonconforming building in a C zone which-is designed for a uso first permitled in an M zone shall be completely removed or altered to conform to those uses permitted in the C zone in which-such building is locaied wilhin the herein specified times^ upon nolice from the planning commission, which limes are meosured from tho dale of conslruclion oxcopt that in no case shall this period of time be less-than five years from dale of such notice by the planning commission. As used in this seclion, the designations-'Type 1 Building", '.Type 2 Building", "Type 3 Building", 'Type 4 Building" and "Type 5 Building" are employod as defined in the exisling building ordinance: (A) Where property is unimproved except for structures of a lype for which the existing building ordinance does not require a building permit--One yeaPr (B) Type 4 or Type 5 buildings (light combustible frame and wood frame) -Forty years, (C) Typo 2 or Type 3 buildings (heavy timber construction ond ordinary masonry): (i) Apartments, offices, hotels or residences having stores or offices below and apartmonts-or-offiGos above Thirty fivo years Draft Nonconforming Lots, Structures and Uses Zone Code Amendmenl Chapter 21.48 - Strike-outAJnderline Version [page 15 (ii) Warehousesr-stores, garages, loftc Thirty five-yeafs (iii^ Factories and-industrial -Forty five yeafs -(©) Type 1 buildings (firo resistant): (i) Offioes and hotols Forty-five years (ti) Theatres-Fifty years -(iii) Warehouses,- lofts, stores, garages Forty fivo-yeafs -(iv) lflduslrial--Thirty-five yearsr -(e) IN "M" ZONES. -(4) Residential structures In an "M'-' zone existing on the effective date ofthe ordinance codified in this lille shall be considered as nonconforming uses and as such, shall be subject to those provisions of this ordinance which pfovide that a nonconforming building removed- or destroyed may not be replaced by other than a conforming building. Structural allorations or onlargements-may be-mado; provided, thot the degree of nonconformity may not be increased by changing to a less restricted residential use or by reducing yard-widths less than the prescribed minimum required in R-3 zone. -(2) -Every nonconforming building in the "M" zone which is used for, or devoted to, any hospital (except emergency hospitals), hotel, institution or home for tho treatment of convalescent persons, alcoholics,-the wounded or mentally infirm, lodginghouses, schools-, trailers-used for human habitation, or trailer parks, ond which nonconforming building was designed or intended for o use not permitted in the "M" zone in which it is located,-shall be completely removed or altered lo structurally conform to Iho uses permitted in the zone in which it-is locaied within the horein specified times upon notice from the planning commission, which times are measured from the-date of construction, except that in no case shall this period of lime-be-loss than five years from the date of such notico: As used in this section the designations 'Type 1 building", 'Type 2 building", "Type 3 building", "Typo 4 building", and "Type 5 building" are employed as defined in Ihe-oxisting building ordinance: (A) Where property is unimproved except for structures of a type for which the existing building ordinance does not require a building permit--One year, (B)- Type 4 or Typo 5 buildings (light combustible frame and wood frame) Forty years, (C) Type-2 or Type 3 buildings (heavy timber construction and 14 Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter21.48-Strike-outAJnderline Version \page 16 ordinary masonry); (i) Apartments, offices, hotels or residences having stores or offices below and apartments-or offices above Thirty five y CUI o (ti) Warehouses, stores, garages, lofts Thirty fivo-years. (iii) Factories and industrial--Forty five yearsr -^D) Type 1 buildings (fire resistant): (i) Officos and hotols Forty fivo years («) Theatres Fifty years -(iii) Warehouses, lofts-,-stores, garages Forty-five-years -(iv) Industrial- Thirty five years. (Ord. 0088 §§ 1. 2; Ord. 9060 § 1705) 24 .48.070 Commission to dotormine condifions of abatement Whon any nonconforming condition exists in any zone, other than tho nonconforming use of land when no structure 1s involved, it shall be the responsibility of the planning commission, on its own-initiative, to fix a date upon which the nonconforming building-was established. II shall also be-the responsibility oflhe planning commission lo determine whelher-;-by reason of structural alteralions or enlargements, or the installation of major-oquipment designed into the building prior to Ihe-date-the efdiftanco codified in this tille becomes applicable thereto, it is deemed necessary to establish-a later date foi^batemenl than that prescribed horein for the building itself in order lo assure lhat the investment reprosonlod by such-structural alterations, enlargemonts-or equipment installations may bo-amortized. In performing this funclion the commission shall consider all pertinent dala in connection therewith to provide the opportunity for the owner of record, or lossoo if-there be such, lo preseni such evidence as they may possess and whioh properly relate to such case. Whon the date-of abatement has been determined, the .commission by resolution, shall establish such date and shall set forth such facts as boar upon the case upon which the determination of such dato of abatement is based, and shall formally notify tho owner of such nonconforming property-of-lhe action of tho commission-by mailing to such owner a copy of the formally-adopted resolution not later than lon days following the dato of subject action by thc planning commission. (Ord. 9060 § 1706) 21.48.080 Alteration, repair or expansion of nonconforming usesr (a) Except as provided in this seclion, a nonconforming use or building shall nol be altered, improved, reconstructed, restored, repaired, intensified, expanded or oxtendod. "15 Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-out/Underline Version \p(ige 17 (b) A-nonconforming building destroyed to the extent of not more than twenty five porcont of its-replacement value as determined by the community development director at the time of its destruction by fire,- explosion, or other casualty or aot of God, or public enemy, may be restored and the occupancy or use of such buildingv &f-part thereof, which exists at the time of such partial destruction may continue subject to-all other provisions of this chapter. Such restoration shall not extend the time of abatement as oslablished by this chapter. (c) Incidental reconstruction, repair or rebuilding of a nonconforming building rendered necessary by ordinary wear and tear and which does not increase the degree of-nonconformity of a nonconforrhing building, nor increase the degree or size of a nonconforming use may bo made, provided that: (4) The aggregate value of suoh repairs or alterations shall not exceed ten percent of-tho-building's replacement value atthe time the building permit is applied for as determined by the community development director; (3) That such reGonslruclion, repair or rebuilding complies with the provisions of Title 18 of this code; (3) Such repairs, reconstruction or rebuilding shall not extend the time of abatement-ostablishod by this chapter. (d) A nonconforming use or building may be altered-, improved, reconstructod, restored, repaired or extended as may be permitted by the planning commission upon granting of the conditional uso permit processed acoording-lo the procedures oslablished in Chapter 21.50 of this code. Before a conditional use permit may be granted all provisions of Chapter 21.50 shall bo met and it shall be shown that: (4) The aggregate value oflhe proposod alteration, improvemenl^ roconstruction, rostoration, repair or extension shall not exceed twenty- five percent of the total replacement at the limo the conditional use permit is applied for as determined by tho community development direclor of all improvemonts-on tho sile unless the building or structure is changed-to a conforming use. Such aggregato valuo may be increased up to fifty percent of total replacement for those uses which provide a public servico traditionally provided by the city; (3) The proposod alteration, improvement, reconstruction, restoration,-repair or extension is of a type of structure that is specifically designed to be easily removed; (3) The proposed alteration, improvement, reconstruction, restoration, repair or extension moots all construction setback, covorago, planning and all other applicable requirements of this code. In approving such conditional use permit, tho planning commission shall establish a dote by which all nonconforming structurfes and uses shall be mado conforming or removed from the site. In no evont shall the date for such removal or compliance exlend beyond the date set according lo the provisions of this title for lb Draft Nonconforming Lots, Structures and Uses Zone Code Ainendment Chapter 21.48 - Strike-outAJnderline Version \pagel8 abatement ofthe existing nonconforming use. Extensions of caid date for-obatomont shall be permitted only upon approval of amendment of the conditional uso permit and,- Ihen, only upon showing-of good cause. A conditional use permii or amendment shall bo effective only upon execution by the applicani of written acceptanco of the conditional USG permit.-or amendment. Such acceptanco shall include an agreement by the applicant to remove all nonconforming uses and buildings or structures, or-make-them conforming, on or before the date for removal established by the conditional uso permit or amendment in exchange for permission to alter, improve, reconstruct, restore, repair or extend. The planning-direclor shall cause such conditional use permit, complete with abatement date, or any amendment tb the conditional use permit, exiending an abatement dale, to be recorded al the office of the county recorder wilhin five days after the-issuance of the-permit or amendment. Any alteration, improvement, reconstruction, restoration, repair or extension undertaken pursuant to the conditional uso permit shall be oommonced wilhin three months afler- the issuance of the pormlt unless an exlonsioFi is granted by the planning commission. (e) No nonconforming building, structure, or use shall be changed to-any othor nonconforming-uset building or-structurer (Ord. NS 675 §§ 76 (part), 79 (part), 2003; Ord. 1261 § 50. 1083; Ord. 1-256 § 7 (part), 1082: Ord. 0538 § 3. 1079: Ord. 9060 § 1707) 21.48.090 Alteration of building when nonconforming by roason of inadequate yafdSr Where a building or buildings^-and customary accessory-buildings aro nonconforming only by roason of substandard yards or open spaces,- tho provisions of this title prohibiting structural altorations-or onlargomontc shall not apply; provided, that any-structural allorations or enlargements of an existing building shall conform to tho following: (4) That such nonoonforming-gtructure may be enlarged or extended to the samo degree of nonconformity as may- exist but in no evont shall such addition or enlargement encroach clocor than throe feet lo any-side yard lot line,- ten feet lo ony front line or fivo feet lo any-rear lot-lifter. (2) That any such enlargement shall not increase the -floor space more thon • forty percent of that existing prior to such enlar-genient-. (Ord. 9060 5 1708) 21.48.100 Public utility-exemption&7 The foregoing provisions of this chapter concerning the required-removal of fionconforming buildings and-uses and tho reconstruction of nonconforming buildings partiaUy destroyed,-shall not apply to public utility buildings and structures whon such buildings and strucluros pertain directly to the rendering of tho-service or distribulion such as power generating plants and electrical distribulion substations; water wells and 11 Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-out/Underline Version \page 19 pumps; gas storage, metering-and valve conlrol stations. Nor shall anything in this article be-construed-or applied so as-to prevent tho-expansion, modernization or replacement of such public utility buildings, structuros, equipment and features-as-are used directly for the delivery of, or-distribution of, the corvice; provided tho provisions of this section shall ftot-exempt from the provisions covering nonconformity of such buildings,-structures, or uses as-do not immodiately relate to the direct service by consumers; such as warehouses,-storage yards and the like. (Ord. 0060 § 1709) 1% Draft Nonconforming Lots, Structures and Uses Zone Code Amendment Chapter 21.48 - Strike-out/Underline Version \page 20 (Existing definitions are for reference) Chapter 21.04 - DEFINITIONS 21.04.050 Building. "Building" means any structure having a roof, including all forms of inhabitable vehicles even though immobilized. Where this title requires, or where special authority granted pursuant to this title requires that a use shall be enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides." (Ord. 9060 §211) 21.42.210 Lot "Lot" means a parcel of record legally created by subdivision map, adjustment plal, certificate of compliance or a parcel legally in existence prior lo incorporation of the lot into the jurisdiction of the city. Any parcel created prior to May 1. 1956, shall be presumed to be lavirfully created if the parcel resulted from a division of land in which fewer than five parcels were created. A lot shall have frontage lhal allows usable access on a dedicated public street accepted by the city. This street or easement shall have a minimum right-of-way width of forty-two feet. Special lot and street configurations for affordable housing projects may be allovved subject lo the provisions of Seclion 21.53.120. (Ord. NS-602 § 1, 2001: Ord. 207 § 7, 1992: Ord. 9605 § 1, 1981: Ord. 9459 § 1 (part), 1976: Ord. 9060 §241) 1^ EXHIBIT 7 ERRATA SHEET JULY 27, 2009 TO: CITY COUNCIL FROM: CHRIS DECERBO, PRINCIPAL PLANNER SUBJECT: NONCONFOMRING BUILDINGS AND USES ORDINANCE REVSION AND ADOPTION IF NONCONFORMING CONSTRUCTION PERMIT APPLICATION FEE - ZCA 09-01/ LCPA 09-01 This errata incorporates revisions recommended by the City Attomey's office post Planning Commission approval. None of the changes are substantial. Staff is recommending that the City Council include the following revisions: 1. Amend the Draft Ordinance Title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A ZONE CODE AMENDMENT TO: 1) REPEAL AND REPLACE RE-ENACT THE NONCONFORMING BUILDINGS AND USES - CHAPTER 21.48 OF THE ZONING ORDINANCE, 2) INCLUDE NEW AND AMENDED ASSOCIATED DEFINITIONS IN CHAPTER 21.04- DEFINITIONS, 3) AMEND CHAPTER 21.46 YARDS TO DELETE REPEAL SECTION 21.46.210 OF CHAPTER 21.46 - YARDS. 4) AMEND CHAPTER 21.44 PARKING TO REVISE SECTION 21.44.010 OF CHAPTER 21.44 - PARKING AND, 5) AMEND CHAPTER 21.45 TO REVISE SECTION 21.45.090A OF CHAPTER 21.45- PLANNED DEVELOPMENTS. 2. Amend Draft Zoning Ordinance Section 21.44.01 O.A. La as follows: 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 meel the required parking standard (i.e. a two car garage) may expand floor area if a minimum of two off- EXHIBIT#4 City's Errata Sheet LCPA #1-12 Nonconforming Buildings and Uses California Coastal Commission street parking spaces are provided on-site in a location consistent with Section 21.44.060(4). 3. Amend Draft Zoning Ordinance Sections 21.48.010.A.4 and 21.48.010.A.5 as follows: 21.48.010 Purpose and intenf A. The purpose and intent of this chapter is to: 1. Allow for the development of nonconforming lots that were legally crealed. 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 bul do not comply with all of the requiremenis 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. Permii the repair, alteration, expansion or replacement of nonconforming structures subject to the regulations heroin requirements of this chapter. 5. Permit the expansion or replacement of nonconforming uses subject to the regulations-horoin reguirements of this chapter. 4. Amend Draft Zoning Ordinance Section 21.48.030.B as follows: 21.48.030 General provisions. A. It shall be the responsibility of the owner of a nonconfonning lol, .structure or use to prove to the planning director that such lot, structure or use was lawfully established, existed on the dale of adoption or amendmenl 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 slructure or part thereof declared lo be unsafe by any cily official charged with protecting the public safety, upon order of such officiai. Repairs and alterations may be made to restore a structure to the same condition lhat existed prior to damage or deterioration, provided that such repairs or struclural alterations conform to the provisions of this chapter. 5. Amend Draft Zoning Ordinance Sections 21.48.050.A.2, 21.48.050.B.1, and 21.48.050.D.1 asfollows: 21.48.050 Nonconforming residential structures and uses. A. Specific Provisions. 1. A nonconforming residential slructure and/or nonconforming residenlial 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 addifion of a new dwelling unit lo an existing over density residential use); 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 satisfy the increase in parking demand, in compliance with the parkmg reguirements 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 wilh 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 subject to issuance-of all required disorotionary and building pormits, provided that the repair or alteration complies with all current fire protection and building codes and regulations contained in Titles 17 and Title-18. D. Replacement in the Event of a Disaster. 1. A nonconforming residenlial siruclure and/or nonconforming residenlial 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 consiruction permit is submitted within two years of the date of the disaster and the planning director approves the findings of fact pursuant lo Seclion 21.48.080(8). The planning director mav grant an extension to the above two-year application submittal limit upon demonstration of good cause by the applicant 6. Amend Draft Zoning Ordinance Sections 21.48.060.B.1 and 21.48.060.G.1 as follows: 21.48.060 Nonconforming non-residential structures. B. Repair or Alteration. 1. A nonconforming non-residential structure may be repaired or altered subjeci to issuance of all required discretionary and building permits, provided that the repair or alteration complies wilh all current fire protection and building codes and regulations contained in Titles 17 and Title IB. G. Discontinuance. 1. If a slructure or parcel of land which is occupied by a nonconforming non- residential use is. or hereafter becomes vacant and remains unoccupied either temporarily or-permanentiy, whothor with tho intent to abandon the uso or not; for a continuous period of one year or more, the planning director shall determine and shall notify the owner of the property, via-cortifiod return receipt mall.-in writing, that the nonconforming use has been discontinued and the nonconforming use may not be renewed or reestablished. 7. Amend Draft Zoning Ordinance Section 21.48.070.B.1 as follows: 21.48.070 Nonconforming non-residential uses. 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 Title 18. 8. Amend Draft Zoning Ordinance Sections 21.48.080.A.l, 21.48.080.B.1.C, and 21.48.080.El.b and c as follows: 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 of fact listed in Section 21.482.080(8) of this chapter. 8. Findings of Fact. 1. A nonconforming construction permit shall be granted only if the following facts are found lo exist in regard thereto: a. The expansion/replacement of the slructure 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 requiremenis and development standards of the zone in which it is locaied, except as provided in Subsection 21.48.050(A)(3) of this chapter. c. . The expansion/replacement siruclure shall comply wilh all current fire protection and building codes and regulations contained in Titles 17 and Title 18. E. Decision-Making Process. 1. Applications for nonconforming construciion permils 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 requesl lo be heard within ten days after the mailing or personal delivery of the notice. If a written request lo 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 casor , and Tthe planning director may only approve, or conditionally approve, the nonconforming construction permit if all. of the findings of fact in Section 21.48.080(8) of this chapter are found to exist. 9. Amend Draft Zoning Ordinance Sections 21.48.090.A and 21.48.090.C.1 as follows: 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 orderly 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 bybefore 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 lhan one or more lhan ten years. 3. For all Nonconforming Structures. a. Not less than three years or more than twenty-five years. 4. Nothing in these provisions shall preclude abatement of a nuisance pursuant to Section 6.16.150 ofthe Carlsbad Municipal Code. 8. 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 11 to arrive al an equitable abatement period which will protecl the public health, safety or welfare of persons or property, yet will allow the owner of record, or lessee if applicable, sufficient time lo amortize their investment so that any loss will bo minimized. CHRIS DECERBO 1-/, >-. 1 il EXHIBIT #5 Aerials of the City of Carlsbad LCPA #1-12 Nonconforming Buildings and 18^ Uses California Coastal Commission Ownership of Coastal Properties VJ 0) tr CL O 03 ^—* (/) ro o O (/) c 3 QQ O 0) o o c: o J:\Requests2010Plus\ComEconDev\Planning\4809630_1 Public ( 5.2 mi. = 82% of total )* Private ( 1.2 mi. = 18% of total )* /\,'' City of Carlsbad Boundary * NOTE: Total length of Carlsbad coast is approximately 6.4 miles. 1,500 Feet EXHIBIT #7 Existing Shorefront Development LCPA #1-12 Nonconfonning Buildings am Uses r'.niifnrni'^ f^^^^i^i f Enlargement of Previous Map index# Addreas Street Name APN 8 Stringline Complatice Notes Mapiiidex# Address ^reetName APHS Striii(^ne Compianoe NoHes Enlargement of Previous 1 ^75 Rue Des Chateaux 203fl10-19 Yes SO 3ore fill .MM . Qi^^' 203351-06 Yes Enlargement of Previous 2 2445 Ocean Steet mO21-01 Yes 51 30S3308S Ocean Steet 203351-09 Yes Enlargement of Previous 3 2459 Ocean Steet 203421-02 S2 3093^197 Ocean Sleet 203351-10 No IBIT #J Enlargement of Previous 4 2468 Ocean Steet 213021-03 Yes S3 anrl TieiraOel Oro 21(M12033 Yes IBIT #J Enlargement of Previous 5 2479 Ocean Steet 2034)21-04 Yes 54 an3 TienBOeiOR) 21042022 Yes IBIT #J Enlargement of Previous 6 2488 Ocean steet 20iC2\-CB Yes 5S 9X15 UenaOelOro 21042MS Yes IBIT #J Enlargement of Previous 7 2487 Ocean Steet 203a21-(» Yes 56 5009 fienaOeiaiD 2ieMQ0-17 No EXH Enlargement of Previous 8 205 Ocean steet 203O4346 Yes Aimy / Naiy Acadenv 57 -IfenaOelOiD 21042M6 Yes Vacant EXH Enlargement of Previous 9 Ocean Steet 213-14028 Yes SB 5015 liena Del On> 210420-15 No EXH Enlargement of Previous 10 2606 Ocean steet ZS-1«MB Yes 59 5019 liena Od Oro 21(M12D-14 Yes EXH Enlargement of Previous 11 26092611 Ocean Steet 2(»-m03 Yes 60 5021 Tiena Del Oro 2104^1^ Yes Enlargement of Previous 12 2617 Ocean Steet 2D3-1«M34 Yes 61 SQ2S TienaOelOro 21042M2 Yes Enlargement of Previous 13 2621 Ocean Steet 213-140-05 Yes 62 5029 liemiOelOro 210420-11 Yes Enlargement of Previous 14 2623 Ocean Steet 2B-140^ Yes 63 5031 liena Del Oro 210420-10 Yes Enlargement of Previous 15 2627 Ocean Steet Yes Vacant / Uhder Oonstuctian -64 5QK TeiaOelOro 21(MQ049 Yes Enlargement of Previous 16 2633 Ocean Steet 203-140-08 Yes ffi 5039 Tiena Del Oro 21042048 No Enlargement of Previous 17 ^1 Ocean Steet Yes 66 5061 Shore One 21CMEH-15 Yes 18 2649 Ocean Steet 203-140-10 Yes 67 5067 ShoieOtne 210431-06 Yes 19 2653 Ocean Steet 203-14M7 Yes 68 5099 ShoieOme 210431-08 No 20 2665 Ocean Steet 203-140-13 Yes 69 -Shora Drive 21043147 Yes PnvBte Stalls 21 2677-2679 Ocean Steet 203-14036 Yes 7D 5115 SIvxeDme 210<B1-14 Yes 22 2681 Ocean Steet 2D3-1iHW6 NB 71 5143 ShraeDine 210431-10 Yes 23 26B3 Ocean Steet 203-140.32 Yes 72 5157 ShoreDri« 210431-11 Yes 24 S8S Ocean 9eet 2]3-1'K)-34 Yes 73 5171 Stnas Drive 210461-12 Yes 25 2^ Ocean Steet 203-140.33 Yes 74 51ffi Shore One 210461-11 Yes 26 2689 Ocean Steet 203-140O5 Yes 75 5196 StmeDme 210461-10 Yes 27 2691 Ocean Steet 213-140-29 Yes 76 sm StKxeOri«e 210461-09 Yes 28 2701 Ocean Steet 2)3-1«W8 m ft S21S StmeOite ^1:^1-06 Yes 29 2723 Ocean Steet 203-14&20 Yes 78 S229 StKxeOrhe 210461-07 Yes 30 2729 Ocean Steet 203-1«W7 Yes 79 S243 Shore Drive 210461-06 Yes 31 2731 Ocean Steet 233-140-23 Yes 80 5257 Shore Drive 210461-I£ Yes 32 2747 Ocean Stieet 203-14034 NB 81 5263 Shore Drive 210461-13 Yes 33 2751 Ocean Steet 203-23&01 Yes 82 5305 Carisbad Bhd 210-12037/^ Yes 34 2775 Ocean Steet Na Beach Tenace bm - 49 nxxns 83 5319 CaristadBhd 21012«2 Yes 35 279S Ocean Steet 213-23&03 Yes Beacli Tenace bn 84 5323 Carisbad BKd 21012033 Yes 36 2805 Ocean Steet 213.23&04 Hs Seaslne on Ihe Sand -10 looms 85 5327 Carisbad Blvd 21012034 Yes 37 S4S Ocean Steet 2D323Sa5 Yes 38 2896 Ocean Steet 2&235.06 Yes Oraan villas -11 looms 39 2901 Ocean Steet 203-23447 Yes TOTALS 72 YES 40 2955 Ocean Steet 213-23446 Na 13 NO 41 2977 Ocean Steet 213-23444 Yes 85% Oompfiance W Stringline 42 2995 Ocean Steet 213-23445 Yes 15% Non-Oomfitance 43 3001 Ocean Steet 203.251-01 Yes 44 3009 Ocean Steet 203351-42 Yes 53miie PUUK / Undeveloped 45 3015 Ocean Steet 213-251-43 Nl» 1.2 mile Private Oevelopnient 46 3021 Ocean Steet 203-251-04 Yes 6.4. mSe Total Coastfine 47 3037 Ocean Steet 203251-05 Yes Pt^lic Staiis/PiKete Use Area 18% Private Developed Coast 48 3053 Ocean Steet 203351-06 Yes 82% PUUR: / Undevelcped Coast 49 3065 Ocean Steet 203-251-07 Yes — —I 1 U J : : i 0) CO h- (0 X T3 C ni O) c =] CO Di c !«, p 0) t« o o c o CM I < Q. O i c C STATE OF CAUFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO COAST DISTRICT 7575 METROPOLITAN DRIVE, SUITE 103 SAN OIEGO, CA 92108-4421 (619) 767-2370 IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT NO. CAR-MAJ-I-12 (Nonconforming Buildings and Uses) EXECUTIVE DIRECTOR'S CERTIFICATION REVIEW HEARING TIME AND LOCATION; DATE: Thursday, July 11,2013 TIME: 8:30 a.m. LOCATION: City of Ventura City Hall Council Chambers 501 Poli Street Ventura, CA 93011 (415) 407-3211 SUBJECT: City of Carlsbad Local Coastal Program Amendment No. CAR-MAJ-1-12 (Nonconforming Buildings and Uses). Concurrence with Executive Director's determination that materials submitted by the City of Carlsbad comply with the Commission's action to certify the Local Coastal Program Amendment with suggested modifications. When a Local Coastal Program or Amendment is approved by the Coastal Conunission with suggested modifications, the Executive Director of the Commission must detennine if the action of the local govemment is legally sufficient to finalize Commission review ofthe LCP amendment. In this case, the City's actions have been reviewed and determined to be adequate by the Executive Director. Section 13554 of the Commission's Code of Regulations then requires this detennination be reported to the Commission for its concurrence at a public hearing. Questions regarding the report or the hearing should be directed to Toni Ross, Coastal Analyst, at the San Diego Coast District Office. (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-l-12 Nonconforming Buildings and Uses_ExecDirCheckof fNOTICE.docx) STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 787-2370 TO: City of Carlsbad JUN 2 42013 Community & Economic Development Department June 20, 2013 COMMISSIONERS AND INTERESTED PARTIES Thl3a FROM: CHARLES LESTER, EXECUTIVE DIRECTOR SUBJECT: EXECUTIVE DIRECTOR'S DETERMINATION that the action by the City of Carlsbad, certifying the City's Local Coastal Program Amendment No. CAR- MAJ-1-12 (Nonconforming Buildings and Uses), is adequate to effectively certify its local coastal program (for Commission review at its meeting of July 2013) BACKGROUND At its March 7,2013 meeting, the Coastal Commission certified, with one suggested modification, the City of Carlsbad Local Coastal Program Amendment #CAR-MAJ-1-12 (Nonconforming Buildings and Uses), providing citywide changes addressing regulation of nonconforming buildings and uses. By its action adopting Resolution No. CS-212 on April 30, 2013, the City Council has acknowledged and accepted the Commission's suggested modification. The modification addressed a technical conection clarifying the noticing requirements associated with approving a non-conforming construction permit. The City already has coastal development pennit authority over this geographic area and will continue issuing pennits consistent with the local coastal program as amended. As provided for in Section 13544 of the Commission's Code of Regulations, the Executive Director must determine if the action ofthe City of Carlsbad is legally sufficient to finalize Commission review of the LCP amendment. The City's actions have been reviewed and detennined to be adequate by the Executive Director. Section 13554 of the Commission's Code of Regulations then requires this determination be reported to the Commission for its concunence. RECOMMENDATION Staff recommends that the Commission CONCUR with the Executive Director's detennination as set forth in the attached letter (to be sent after Commission endorsement). STATE OF CALIFORNIA-THE RESOURCES AGENCY EDMUND 6. BROWN, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOUTAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4402 (619) 767-2370 July 15,2013 Mayor Hall CityofCarlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Certification of the City of Carlsbad Local Coastal Program Amendment No. CAR-MAJ-1-12 (Nonconforming Buildings and Uses) Dear Mayor Hall, The Califomia Coastal Commission has reviewed the City's Resolution No. CS-212, together with the Commission's .action of March 7, 2013 certifying City of Carlsbad Local Coastal Program Amendment #CAR-MAJ-1-12 providing citywide changes for nonconforming buildings and uses. In accordance wifh Section 13544 of the Commission's Code of Regulations, I have made the determination that the City's actions are legally adequate, and the Commission has concurred at its July 2013 meeting. By its action on April 30, 2013, the City has formally acknowledged and accepted the Commission's certification of the Local Coastal Program Amendment including the suggested modification. The modification addressed a technical conection clarifying the noticing requirements associated with approving a non-conforming constmction permit. The City is already issuing coastal development permits in conformance with the certified local coastal program for this area. In conclusion, I would like to congratulate you and all other elected or appointed officials, staff and concemed citizens for continuing to work towards fiill implementation of the Coastal Act. We remain available to assist you and your staff in any way possible as you continue to develop and implement the City's local coastal program. Sincerely, Charles Lester Executive Director (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-l-12 Nonconforming Buildings and Uses_ExecDirCheckoff.docx) STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor GALIFORNIA COASTAL COMMISSION SAN OIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 May 17, 2013 Chris DeCerbo Planning Department 1635 Faraday Ave. Carlsbad, CA 92008 CITY OF CARLSBAD M.AY 2 0 2013 PLANNING uti''AR!Wi£NT| Re: Certification of City of Carlsbad LCP Amendment No. CAR-MAJ-1-12 (Non-Conforming Buildings and Uses) Dear Mr. DeCerbo: On March 7, 2013, the Califomia Coastal Commission approved the above referenced amendment to the City of Carlsbad Local Coastal Program (LCP). The amendment involves amending several chapters of the City's Implementation Plan (IP) including replacing Chapter 21.48 - Nonconforming Building and Uses in its entirety, and amending other relevant chapters to encourage the rehabilitation of nonconforming buildings and uses. The Commission approved the LCP amendment with one suggested modification that addressed a technical correction clarifying the noticing requirements associated with approving a non-conforming construction permit, and is important to maximize public participation and due process. The attached modification contains the specific change adopted by the Commission. Before the amendment request can become effectively certified, the Executive Director must determine that implementation of the approved amendment will be consistent with the Commission's certification order. This is necessary because the amendment was certified with suggested modifications. In order for the Executive Director to make this determination, the local govemment must formally acknowledge receipt ofthe Commission's resolution of certification, including any terms or suggested modifications; and take any formal action which is required to satisfy them, such as plain text or other ordinance revisions. This certification must also include production of new Implementation Plan Policy 21.48.080.G.1 demonstrating that the amendment, as approved by the Commission and accepted by the City, will be incorporated into the City's certified Local Coastal Program immediately upon concurrence by the Commission of the Executive Director's determination. 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. If you have any questions about the Commission's action or this final certification procedure, please contact our 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. sborah Lee District Manager cc: Toni Ross Barbara Kennedy (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-l-l2 Non-Comforming Uses Cert Letter.docx) STATE OF CALIFORNIA-THE NATURAL RESOURCES EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM MAJOR AMENDMENT NO. CAR-MAJ-1-12 (NON-CONFORMING BUILDINGS AND USES) I. HEARING TIME AND LOCATION DATE: Thursday, March 7,2013 TIME: 8:30 a.m. LOCATION: The Bahia Resort Hotel 998 West Mission Bay Drive SanDiego, CA 92109 (415) 407-3211 CITY OF CARLSBAD FEB 2 c 2013 IW»ilf^O£PAfilMBrr II. AMENDMENT REOUEST The proposed LCP amendment includes an amendment to the City's Implementation Plan only. The amendment includes the following: 1) Repeal and reenact Chapter 21.48 - Non-Conforming Buildings and Uses; 2) include new and amended definitions (Chapter 21.04 - Definitions); 3) repeal Section 21.46.210 (Chapter 21.45 - Yards); 4) amend Section 21.44.010 (Chapter 21.44 - Parking), and 5) amend Section 21.45.090-A.2 (Chapter 21.45 - Planned Development). The provisions will apply citywide, with the exception of the Carlsbad Village Area which has its own policies on nonconforming structures and uses. All proposed revisions pertain to non-conforming buildings or uses, and were developed to encourage rehabilitation and/or repair of over-density residential stmctures and other nonconfonning buildings and uses. IIL HEARING PROCEDURES At the time of the public hearing, staff will make a brief oral presentation to the Commission. Immediately following the presentation of the staff, a representative or representatives from the City of Carlsbad may address the Commission regarding the local coastal program amendment. Upon conclusion of the City's presentation, members of the public and agencies will have an opportunity to address the Commission and comment on the amendment. The Commission will then close the public hearing; and, since there are preliminary recommendations and findings prepared for the Commission, the Commission mav take final action on the amendment request at this time. IV. BACKGROUND The Califomia Coastal Commission and the local govemments within the coastal zone share responsibility for managing the state's coastal resources. The Local Coastal Program (LCP) is a specific long-term management plan prepared by a coastal city or county for its jurisdiction in the coastal zone. The LCP contains policies and Important Public Hearing Notice Page 2 implementation measures designed to protect sensitive coastal resources and set standards for future development. Each LCP has two components: The land use plan (LUP), and implementation plan (IP) which consists of the zoning ordinance, zoning district maps, and other implementing actions within sensitive coastal resources areas. The Commission certifies each LCP to determine that it meets the requirements of the Coastal Act. After the Coastal Commission certifies an LCP, the local govemment assumes the authority to issue coastal development permits for most development in the coastal zone pursuant to the certified LCP. A local govemment may amend its certified LCP, but the change will become effective only after the LCP amendment has been effectively certified by the Coastal Commission. The City of Carlsbad's certified LCP contains six geographic segments as follows: Agua Hedionda, Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Village Redevelopment. Pursuant to Sections 30170(f) and 30171 of the Public Resources Code, the Coastal Commission prepared and approved two portions of the LCP, the Mello I and II segments in 1980 and 1981, respectively. The West Batiquitos Lagoon/ Sammis Properties segment was certified in 1985. The East Batiquitos Lagoon/Hunt Properties segment was certified in 1988. The Village Redevelopment Area LCP was certified in 1988; the City has been issuing coastal development permits there since that time. On October 21, 1997, the City assumed permit jurisdiction and has been issuing coastal development permits for all segments except Agua Hedionda. The Agua Hedionda Lagoon LCP segment is a defened certification area until an implementation plan for that segment is certified. V. AVAILABILITY OF STAFF REPORT A staff report on the LCP amendment containing recommendations has been prepared for the Commission. If you would like the fiall text of the staff report, it can be obtained from the Coastal Commission's website at http://www.coastal.ca.gov/mtgcun.html. Altematively you can call or write the San Diego Area Office of the Coastal Commission and request a copy of the "City of Carlsbad Local Coastal Program Amendment No. CAR-MAJ-1-12" staff report. A copy will be mailed to you promptly. Questions regarding the report or hearing should be directed to Toni Ross at (619) 767-2370. We apologize if you received duplicate notices; however, because of the overlap of persons with interest in more than one community on our mailing lists, the duplications are unavoidable. (G:\San Diego\Reports\LCPs\Carlsbad\CAR-MAJ-l-12 Non-Comforming Uses NOTICE.docx) STATE OF CALIFORNIA-THE NATURAL RESOURCES AG^W EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 WlOb CITYOFCARLSBAD APR 3 0 2012 TO: Commissioners and DATE: April 25,2^*^^^'NG DEPAfll MENTI Interested Persons ' ~ • ' FROM: Staff SUBJECT: Request to Waive Time Limit for City of Carlsbad LCP Amendment No. 1- 12 (Non-conforming Buildings and Uses) for the Commission Meeting of May 9-10, 2012 On April 7, 2012, the City of Carlsbad's Local Coastal Program (LCP) Amendment #1-12 was filed in the San Diego District office. The amendment involves revisions to several chapters of the City's certified Implementation Plan, including replacement of Chapter 21.48 - Nonconforming Building and Uses in its entirety, and amendments to other relevant chapters to encourage the rehabilitation of nonconforming structures and uses. The amendment only affects the certified LCP Implementation Plan. Pursuant to Section 30513 of the Coastal Act, the Commission must act on implementation plan amendments within 60 days of filing. Based on the above-cited time limits, the proposed LCP amendment must be scheduled for review by the Commission at the May 9- 10, 2012 meeting. However, Section 30517 ofthe Coastal Act and Section 13535(c) ofthe California Code of Regulations state that the Commission may extend for good cause any applicable time limits for a period not to exceed one year. Commission staff is requesting the time extension to allow time for fiuther coordination and discussions with the City. This proposed amendment had been previously filed and the City withdrew the submittal because the matter was at the mandatory deadline for action. The City wanted additional time to review the staff recommendation and consult with stakeholders at the local level. Staff recommends the Commission extend the 60-day time limit for one year but we have committed to prioritize continued work on this matter. MOTION: I move that the Commission extend the 60-day time limit to act on the City of Carlsbad LCP Amendment No. 1-12 for one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. (G:\San Diego\Reports\LCPs\City of Carlsbad\CAR LCPA 1-12 (Non-conforming Buildings and Uses) time ext.doc) CITY OF V CARLSBAD Community & Economic Development wvy/w.carlsbadca.gov April 6, 2012 Ms. Toni Ross California Coastal Commission San Diego Area Suite 103 7575 Metropolitan Dr. San Diego, CA 92108-4421 SUBJECT: CITY OF CARLSBAD MAJOR LCP AMENDMENT NO. 1-11 (NON-CONFORMING BUILDINGS AND USES) Dear Ms. Ross: The City of Carlsbad hereby requests that City of Carlsbad Major LCP Ainendment No. 1-11 (Non-Conforming Buildings and Uses) be formally withdrawn and immediately resubmitted. We respectfully request that the city and coastal staff work cooperatively and diligently towards having this Major Amendment agendizied for the July California Coastal Commission hearing in San Diego. Should you have any questions regarding this request, please contact Chris DeCerbo, Principal Planner, at (760) 602-4611. Sincere / GARY T. BARBERIO Community and Economic Development Director c: Deborah Lee, California Coastal Commission, 7575 Metropolitan Dr., Suite 103, San Diego, CA 92108- 4421 Don Neu, City Planner CHrlsOeCerbo, Principal Planner 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-2710 F 760-602-8560 © 1 cry OF FILE CO VcARLSBAD Planning Division www.carlsbadca.gov June 22, 2011 Ms. Toni Ross California Coastal Commission San Diego Area Suite 103 7575 Metropolitan Drive San Diego, California 92108-4421 SUBJECT: NONCONFORMING ORDINANCE LCPA COASTAL COMMISSION SUGGESTED MODIFICATIONS Dear Toni, In our meeting on April 18, 2011 to discuss the Coastal Commission Suggested niodifications to the City's Nonconforming Ordinance LCPA (attached as Exhibit "X"), Coastal staff indicated that the suggested modifications to the City's Nonconforming Ordinance were based primarily upon Section 13252 of the California Coastal Commission Regulations. However, Section 13252 is titled "Repair and Maintenance Activities that Require a Coastal Development Permit (CDP)" and deals exclusively with the topic of when a CDP for repair or maintenance of a structure is required. It lists those actions requiring "extraordinary methods of repair and maintenance which shall require a CDP because they involve a risk of substantial adverse environmental impact." The entirety of Section 13252 of the California Coastal Commission Regulations is already included within Chapter 21.201, Coastal Development Permit Procedures of the City's Zoning Ordinance (a component of the implementation plan for the certified LCP). Beyond that, the California Coastal Act and the California Coastal Commission (CCC) Regulations (Title 14, Division 5.5) do not specifically require or generally suggest that existing structures that are nonconforming with respect to string line or side yard setbacks, or any other development standard, are restricted from alteration or expansion or that the existing structural nonconformities be abated. Existing Section 21.48.090 of the City's Nonconforming Ordinance allows for all buildings that are nonconforming by reason of inadequate setbacks to be expanded by up to 40% ofthe existing floor area subject to the same degree of nonconformity that exists. The proposed amended Nonconforming Ordinance would allow single family residential structures that are nonconforming by reason of inadequate setbacks to be expanded by up to 40% of the existing floor area subject to the approval of all required discretionary permits (i.e. CDP) and building permits and that the area of expansion complies with all current development standards (including all LCP policies and standards). The proposed expansion of a single family residential structure that is nonconforming by reason of inadequate setbacks above 40% of the existing floor area and other nonconforming non- residential structures may be permitted subject to the approval of all required discretionary permits and a nonconforming construction permit. 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 ® NONCONf ORiy^ING ORDINANCE LCPA COASTAL COMMISSION SUGGESTED MODIFICATIONS Juhe227iOi*l ' Page 2 As previously discussed in the City's e-mail correspondence, dated February 15, 2011, the City does not support the addition of a new, specific definition of "new development" in Chapter 21.48 because the proposed definition would conflict with the existing definition of "Development (in the coastal zone)" which is currently located in Section 21.04.107 of the Carlsbad Municipal Code. This definition is identical to the definition of "development" found in the Coastal Act (Section 30106). All development proposals meeting this definition of "development" are subject to a Coastal Development Permit pursuant to Chapter 21.201, Coastal Development Permit Procedures of the Zoning Ordinance (the implementation plan for the certified LCP) and thus are subject to all provisions ofthe certified LCP. Furthermore, development in the coastal zone (as defined by Section 21.04.107 and entirely consistent with the Coastal Act) is subject to all of the coastal zone chapters in the Carlsbad Municipal Code and certified LCP. These chapters include Coastal Development Procedures (21.201) as well as other regulations for development in the Village Review Zone (21.81), Agricultural Overlay Zone (21.202), Resource Protection Overlay Zone (21.203), Coastal Shoreline Development Overlay Zone (21.204), and Coastal Resources Overlay Zone Mello I LCP Segment (21.205). These chapters address development adjacent to the ocean, coastal lagoons or along the coastal bluffs and require that the development be geologically stable for a minimum of 75 years, or the expected lifetime of the structure if it is more than 75 years. The necessary findings for approval of a Coastal Development Permit would need to be made for any development in the coastal zone, together with the findings for approval of a nonconforming construction permit, if required. In summary, the City does not support the proposed CCC staff suggested modifications to the Nonconforming Ordinance LCPA because these suggested modifications are clearly more restrictive regarding expansions to nonconforming structures than our existing or proposed Nonconforming Ordinance and do not appear to be directly consistent with, based on, or grounded in the specific requirements of the Coastal Act or Regulations. We would like to schedule another meeting to discuss this with you at your earliest convenience. Please contact me at (760)602-4611 or chris.decerbo@carlsbadca.gov to schedule a meeting or if you have any questions or concerns regarding this letter. Sincerely, CHRIS DECERBO Principal Planner CD:bd c: Gary Barberio, Community and Economic Development Director Don Neu, Planning Director Exhibit "X" 21.48.100 Abatement of nonconforming structures within the Coastal Zone Existing lawfully established structures that are located between the first public road and the ocean or adiacent to anv coastal lagoon that do not conform to the current provisions of the LCP mav be maintained and repaired. Additions and improvements to structures that do not conform to the "string line setback" or have inadequate side vard setbacks mav be permitted, provided that thev are not considered "new development." as described below, and provided that such additions or improvements to such structures do not increase the existing degree of nonconformity and comply with current policies and standards ofthe LCP. Alterations, additions, expansions, demolition and/or replacement of structures that result in alteration of more than 50% of the interior or exterior walls or a combination of both types of walls shall be considered new development. The 50% wall alteration calculation shall be cumulative, so that anv development that results in alteration of interior or exterior walls after March 2011 shall be counted towards the total wall alteration figure. New development shall be required to abate anv existing nonconformity, shall comply with all current standards for new development, and in all cases shall be geologically stable for a minimum of 75 vears. or the expected lifetime of the structure if it is more than 75 vears. consistent with Poiicv 4-1 Coastal Erosion - Development Along the Shoreline ofthe Land Use Plan. STATE OF CALIFORNIA-r THE RESOURCES AGENCY EDMUND G. BROWN, JR., Govemor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 CITYOF CAR!,,S3" APR 04 2GV1 PLANNING btPAnr :'• IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT NO. 1-11 (Non-conforming Buildings and Uses Re-submittal) TIME EXTENSION HEARING TIME AND LOCATION: DATE: Wednesday, April 13, 2011 TIME: 9:00 a.m. LOCATION: Santa Barbara Board of Supervisors 105 Anapamu Street Santa Barbara, CA 93101 SUBJECT: City of Carlsbad LCP Amendment No. 1-11 (Non-conforming Buildings and Uses Re-submittal) Time Extension. Public hearing and action to extend the time limit for Commission action up to one year on request by City of Carlsbad to amend several chapters of its certified Implementation Plan (IP), including replacing Chapter 21.48 - Nonconforming Building and Uses in its entirety, and amending other relevant chapters to encourage the rehabilitation of nonconforming buildings and uses. Questions regarding the report or hearing should be directed to Toni Ross, Coastal Program Analyst, San Diego Area Office at (619) 767-2370. (G:\San Diego\Reports\LCPs\Carlsbad\CAR LCPA 1-11 (Nonconforming Buildings and Uses) time extensionNOTICE.doc) STATE OF CAUFORNIA - THE NATURAL RESOURCES AGENCY^y EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLFTAN DRIVE, SUITE 103 J T'T I'" 1 SAN DIEGO, CA 92108-4421 iC/r^'' OF (619) 767-2370 i ' TJ^'-'A^^ W15b 1 HAR 0 m TO: Commissioners and • ' ' IllJ .1. J DATE: March 28, 2011 Interested Persons FROM: Staff SUBJECT: Request to Waive Time Limit for City of Carlsbad LCP Amendment No. 1- 11 (Non-conforming Buildings and Uses) for the Commission Meeting of April 13-14, 2011 On March 4, 2011, the City of Carlsbad's Local Coastal Program (LCP) Amendment #1-11 was filed in the San Diego District office. The amendment involves revisions to several chapters of the City's certified Implementation Plan, including replacement of Chapter 21.48 - Nonconforming Building and Uses in its entirety, and amendments to other relevant chapters to encourage the rehabilitation of nonconforming stmctures and uses. The amendment only affects the certified LCP Implementation Plan. Pursuant to Section 30513 of the Coastal Act, the Commission must act on implementation plan amendments within 60 days of filing. Based on the above-cited time limits, the proposed LCP amendment must be scheduled for review by the Commission at the April 13-14, 2011 meeting. However, Section 30517 of the Coastal Act and Section 13535(c) of the Califomia Code of Regulations state that the Commission may extend for good cause any applicable time limits for a period not to exceed one year. Commission staff is requesting the time extension to allow time for further coordination and discussions with the City. This proposed amendment had been previously filed and the City withdrew the submittal earlier this month because the matter was at the mandatory deadline for action and the City and Commission staffs were unable to complete discussions. Therefore, staff will be prioritizing the review of this matter. Staff recommends the Commission extend the 60-day time limit for one year. MOTION: I move that the Commission extend the 60-day time limit to act on the City of Carlsbad LCP Amendment No. 1-11 for one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. (G:\San Diego\Reports\LCPs\CAR LCPA 1-11 (Nonconforming Buildings and Uses) time extension.doc) STATE OF CALIFORNIA-THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Govemor CAUFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOUTAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 (619) 767-2370 CITV OFCARISSAD] MAR 01 2010 I IMPORTANT PUBLIC HEARING NOTICE CITY OF CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT NO. 4-09 (A-E) (VARIOUS LUP AND CODE CHANGES) TIME EXTENSION HEARING TIME AND LOCATION: DATE: Wednesday, March 10,2010 TIME: 10:00 a.m. LOCATION: Santa Cruz Board of Supervisors Chambers 701 Ocean Street Santa Cruz, CA 95060 (831)588-4112 SUBJECT: City of Carlsbad LCP Amendment No. 4-09 (A-E) (Various LUP and Code Changes) Time Extension. Public hearing and action to extend the time limit for Commission action up to one year on request by City of Carlsbad to amend the LCP Land Use Plan and Implementation Plan to revise certain land use designations and zoning related to: (A) nonconforming building and uses; (B) height calculations and defmitions; (C) definitions and location requirements for adult businesses; (D) modifying the land use designatiOiTfrom Residential Medium (RM) to Residential Low-medium (RLM) and zoning from Residential Density - Multiple (RD-M-Q) and Limited Control (LC) to One Family Residential (R-l) and Open Space (OS) at north side of Poinsettia Lane at westernmost terminus of Lemon Leaf Drive (Tabata Ranch); and (E) modifying the land use designation from Open Space (OS) to Residential Low Medium (RLM) and zoning from Limited Control (LC) to Residential 1 (R-l) at north-east end of Camino Hills Drive along west side of El Camino Real (Tabata 10).Questions regarding the report or hearing should be directed to Toni Ross, Coastal Analyst, San Diego Area Office at (619) 767-2370. (G;\San Diego\Reports\LCPs\Carlsbad\CAR LCPA 4-09 (A-E)_time extension NOTICE.doc) . RECEIPT ranee Coverage Provided) website at www.usps.com«j F;- turn -ice ifi \-t3e (EiKiO!' 3tni 111 il 'Cjui'ed;. Restr -ted i )i;li'> Gry Fee' {Endor .erni it H .^quired} Total PoB: iQG & Fees- 7 m I PcS^tmar Cit'y,'siaie, .S'+~4 , , PS Form 3800, August 3006 Sec Reverse for Instruction^ CITY OF VcARLSBAD Planning Division www.carlsbadca.gov March 4, 2011 Ms. Toni Ross California Coastal Commission San Diego Area Suite 103 7575 Metropolitan Dr San Diego, CA 92108-4421 SUBJECT: CITY OF CARLSBAD LCPA 4-09A (NON-CONFORMING BUILDINGS AND USES) Dear Toni, The City of Carlsbad hereby requests that City of Carlsbad LCPA 4-09A Non-Conforming Buildings and Uses be formally withdrawn and immediately resubmitted. This request is being made to allow City staff to work further with Coastal Commission staff to resolve issues that have been identified. Should you have any questions regarding this request, please contact Chris DeCerbo, Principal Planner, at(760)602-4611. Sincerely, DON NEU, AlCP Planning Director DN:CD:bd c: Gary Barberio Chris DeCerbo Barbara Kennedy ^ 1635 Faraday Avenue, Carlsbad, CA 92008-7314 T 760-602-4600 F 760-602-8559 0 CITY OF V CARLSBAD Memorandum March 4, 2011 To: Lisa Hildabrand, City Manager From: Don Neu, City Planner Via Gary Barberio, Community and Economic Development Director Re: ZCA 09-01/LCPA 09-01 - Nonconforming Buildings and Uses Ordinance Revision In December 2008, the City Council directed staff to amend the City's Nonconforming Buildings and Uses ordinance (Chapter 21.48 of the CMC) with the specific objective of allowing existing over-density (nonconforming) residential uses and other nonconforming structures within the Barrio Area, and throughout the city, to be repaired, altered or replaced. On August 11, 2009 the City Council adopted ZCA 09-01/LCPA 09-01 - Nonconforming Buildings and Uses Ordinance Revision. The revised ordinance is applicable to structures or uses that were legally established (with building permits), but do not conform to current regulations. The amendment allows the following: 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; 3) Expansion or replacement of nonconforming non-residential uses by CUP; and, 4) Maintains the City's right to abate a legal nonconforming use or structure and provides for a new legally-defensible abatement process. As the new nonconforming ordinance would apply within the City's Coastal Zone, a Local Coastal Program Amendment (LCPA 09-01) was submitted to the California Coastal Commission (CCC) on October 8, 2009, for their review and approval. LCPA 09-01 has finally been scheduled to be heard by the CCC on Wednesday, March 9, 2011 in Santa Cruz. The item is not eligible to be continued to a latter or future CCC meeting. In spite of our best on-going staff negotiations, the CCC staff is recommending one outstanding and unacceptable suggested modification to the new Nonconforming Ordinance. The suggested modification mandates significantly more onerous conditions and standards than those that exist today for nonconforming structures located between the first public road and the ocean or adjacent to any coastal lagoon. In the interest of time and with the end-goal of reaching an acceptable solution to this issue through working with CCC staff before the item reaches the Commission in a public hearing, we have elected to withdraw the LCPA application from consideration by the CCC at their March 9th hearing (withdrawal letter attached). Along with that action, we have asked that the application be accepted as immediately re-submitted so that we can continue to work with CCC staff without losing additional time. Community & Economic Deveiopment 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax ZCA 09-01/LCPA 09-01 - ^conforming Buildings and Uses Ordir^fte Revision March 4, 2011 Page 2 In addition to our efforts in continuing to work with CCC staff, we will also be pursuing two other related efforts: 1) Re-scheduling the new ordinance (ZCA 09-01) for a CC public hearing to re-adopt the approving actions in manner that will allow the new nonconforming ordinance to be immediately effective for properties outside ofthe coastal zone; and, 2) Pursuing and exploring alternative courses of action with the City Attorney's office that might allow us to apply the new nonconforming ordinance citywide, without CCC review and approval. CT" ru or ru Ul a • • a • ru CO HI LO • a Postal ServlcetM ff^lE||l\«AH-TM RECEIPT ' #W>1 msurance Coverage > 'l^iliour website at www.usps.coma itl Pos'age Certified Pee . Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Postmark Here Sent To Sfreef: Apt 'No.; City, State, ZIP+4 City of Carlsbad Planning Departnnent February 24, 2010 California Coastal Commission Attn: Ton! Ross 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4421 RE: CITY OF CARLSBAD AMENDMENT 04-09(A) Dear Ms. Ross: Ths City Council ordinance (CS-050) that was submitted in conjunction with the application for LCPA 09-01- Nonconforming Buildings and Uses Ordinance Revision (CITY OF CARLSBAD AMENDMENT 04-09(A)) was recently revised to a format that that is consistent with the format method required by the publisher of the City's Zoning Ordinance. There are no substantive changes to the text of the ordinance with regard to the standards that were approved by the City Council Additionally, there was a typographical error in the City Council minutes (dated August 11, 2009) that has bsen corrected. The minutes, which incorrectly referred to the ordinance number as CS-049, have been revised to show the ordinance number as CS-050. Please discard the previous ordinance and City Council minutes, and replace them with the new versions. If you have any questions, please contact me at 760-602-4626, Sincerely, BARBARA KENNEDY, AlCP Associate Planner Attachments: Ordinance CS-050 (3 copies) City Council Pi/linutes dated August 11, 2009 (3 copies) . , BK:sm Don Neu, Planning Director David de Cordova, Principal Planner Scott Donnell, Senior Planner Kevin Pointer, Associate Planner 1635 Faraday Avenue • Carlsbad, CA 92008-7314 » (760) 602-4600 • FAX (760) 602-8559 » wwv^.ci.carlsbad.ca.us ^) STATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION SAN DIEGO AREA 7575 METROPOLITAN DRIVE, SUITE 103 SAN DIEGO, CA 92108-4421 * ... - . ..... (619) 767-2370 ' • ( W25c TO: Commissioners and ! FEB .1 9 2010 DATE: February 18,2010 Interested Persons FROM: Staff SUBJECT: Request to Waive Time Limit for City of Carlsbad LCP Amendment No. 4-09 (A-E) for the Commission Meeting of March 10-12, 2010 On December 29, 2009, the City of Carlsbad Local Coastal Program (LCP) amendment #4-09 (A- E) was filed in the San Diego District office. The amendment involves five components. LCP amendment 4-09A (Nonconforming Buildings) is an Implementation Plan (IP) amendment that includes replacing Chapter 21.48 - Nonconforming Building and Uses, and other associated relevant chapters encouraging the rehabilitation of nonconforming buildings and uses. The LCP amendment 4-09B (Building Height) is an IP amendment to modify how height is calculated, and amend several related definitions. LCP amendment 4-09C (Adult Business Ordinance) is an IP amendment modifying several chapters updating the definitions and location requirements for adult businesses. LCP amendment 4-09D (Tabata Ranch) is an LCP amendment modifying the land use designation from Residential Medium (RM) to Residential Low-medium (RLM) and modify the zoning from Residential Density - Multiple with a Qualified Development Overlay (RD-M-Q) and Limited Control (LC) to One Family Residential (R-l) and Open Space (OS) on a 2.9 acre site generally located on the north side of Poinsettia Land at the westernmost terminus of Lemon Leaf Drive. LCP 4-09E (Tabata 10) is an LCP amendment modifying the land use designation on a portion of the lot from Open Space (OS) to Residential Low Medium (RLM) and modify the existing zoning on the entire site from Limited Control (L-C) to Residential 1 (R-l) on a 10.16 acre site generally located at the north-east end of Camino Hills Drive along the west side of El Camino Real. The proposed amendment submittal, as a whole will affect both the land use and implementation plan of the certified LCP. Pursuant to Section 30512 of the Coastal Act, the Commission must act on amendments containing both land use and implementation plan components, within 90 days of filing. Based on the above- cited time limits, the proposed LCP amendment must be scheduled for review by the Commission at the March, 2010 meeting. However, Section 30517 of the Coastal Act and Section 13535(c) of the Califomia Code of Regulations state that the Commission may extend for good cause any applicable time limits for a period not to exceed one year. Commission staff is requesting the time extension due to insufficient staff time to adequately review the amendment and prepare a recommendation. Staff recommends the Commission extend the 90-day time limit for one year. MOTION: I move that the Commission extend the 90-day time limit to act on the City of Carlsbad LCP Amendment No. 4-09 (A-E) for one year. STAFF RECOMMENDATION: Staff recommends a YES vote. An affirmative vote of the majority of the Commissioners present is needed to pass the motion. (G:\San Diego\Reports\LCPs\Carlsbad\CAR LCPA 4-09 (A-E)Jime extension.doc) City of Carlsbad Planning Department December 23, 2009 California Coastal Commission Attn: Toni Ross 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4421 RE: CITY OF CARLSBAD LCP AMENDMENT 04-09 Dear Ms. Ross, This transmittal is in response to your November 13, 2009 letter to City of Carlsbad Planning Director Don Neu regarding the incomplete/unfiled status of the City's second Local Coastal Program (LCP) amendment application of the 2009 calendar year (LCP Amendment 04-09). Included with this transmittal is the information necessary for the executive director of the California Coastal Commission to deem the City's application submitted. The attached information consists of five attachments that provide the information you requested related to each ofthe following components ofthe City of Carlsbad's LCP Amendment (#04-09): 1. Nonconforming Buildings—LCPA 04-09(A) 2. Building Height-LCPA 04-09(B) 3. Adult Businesses Ordinance—LCPA 04-09(C) 4. Tabata Ranch—LCPA 04-09(D) . 5. Tabata 10-LCPA 04-09(E) As detailed in the attached information for the Building Height project (LCPA 04-09(B)>, the City is requesting that this component of the City's LCP amendment be considered and processed as a de minimis amendment. If you have any additional questions, please do not hesitate to contact the individual planners assigned to each ofthe aforementioned projects using the respective email/phone numbers contained herein. KEVIN POINTER Associate Planner c: Gary Barberio, Assistant Planning Director David de Cordova, Principal Planner Corey Funk, Associate Planner Jason Goff, Associate Planner Jennifer Jesser, Senior Planner Barbara Kennedy, Associate Planner Don Neu, Planning Director 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us Citv of Carlsbad Planning Department October 8, 2009 Deborah Lee San Diego Coast District California Coastal Commission 7575 Metropolitan Drive, Suite 103 San Diego, CA 92108-4402 SUBMITTAL: CARLSBAD LOCAL COASTAL PROGRAM AMENDMENT: 2-09 Please find enclosed the second City of Carlsbad LCPA package for the 2009 calendar year. The LCPA batch involves the projects as shown below. PROJECTNAME. - • ^ -LCPA FILE #. STAFF PLANNER. . I PHONE CONTACT Tabata 10 LCPA 06-02 Corey Funk 760-602-4645 Tabata Ranch LCPA 06-03 Jason Goff 760-602-4643 Adult Businesses Ordinance LCPA 06-04 Kevin Pointer 760-602-4620 Building Height Zone Code Amendment LCPA 08-02 Corey Funk 760-602-4645 Nonconforming Buildings and Uses Ordinance LCPA 09-01 Barbara Kennedy 760-602-4626 Please process this application as the second of three Local Coastal Program Amendments for the City of Carlsbad for the 2009 calendar year. Additionally, accompanying this transmittal is the City's re-submittal of LCPA 05-09 (Habitat Management Plan - Implementation Plan). If you have any questions, or require additional information, please feel free to contact me at (760) 602-4620, or the project planners at the numbers listed above. Thank you for your consideration. Sincerely, KEVIN POINTER Associate Planner Enclosures Gary Barberio, Assistant Planning Director David de Cordova, Senior Planner Corey Funk, Associate Planner Jason Goff, Associate Planner Mike Grim, Senior Planner Jennifer Jesser, Senior Planner Barbara Kennedy, Associate Planner Don Neu, Planning Director -1635 Faradav Avenue • Carlsbad, CA 92008-7314 « (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us RLE copy Citv of Carlsbad Pianning Department PLANNING COMMISSION NOTICE OF DECISION July 2, 2009 City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 SUBJECT: ZCA 09-01/ LCPA 09-01 ORDINANCE REVISION - NONCONFORMING BUILDINGS AND USES At the Planning Commission meeting of July 1, 2009, your application was considered. The Commission voted (5-0-1) to RECOMMEND ADOPTION/ RECOMMEND APPROVAL AS AMENDED. The decision of the Planning Commission is advisory and will be forwarded to the City Council. If you have any questions regarding the final dispositions of your application, please call the Planning Department at (760) 602-4600. Sincerely, DON NEU Planning Director DN:BK:lt cc: Data Entry File Enclosed: Planning Commission Resolution No. 6573, 6574, 6575 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us FIE COFi Citv of Carlsbad Planning Department June 9, 2009 Felicia C. Brechtel 3676 Monroe Street Carlsbad, CA 92008 RE: Nonconforming Use Regulations Dear Ms Brechtel: Thank you for your e-mail dated June 8, 2009. In your correspondence, you raised two concerns related to the proposed ordinance revisions to Chapter 21.48 - Nonconforming Buildings and Uses. The first issue is in regard to additions to single-family residences that are nonconforming due to inadequate yards. As you point out, the current ordinance (Section 21.48.090) allows an expansion of up to 40% of the original square footage by right (ministerial/building permit), but the proposed ordinance would require approval of an administrative Nonconforming Construction Permit (NCP). The second concern that you raise is in regard to abatement of residential structures and under what circumstances the City would proceed with abatement. You suggest that the determination to be made by the Planning Director as to a property or use being "adverse to the orderly development of the City and/or the public health, safety, or welfare of persons or property" may be too vague or subjective. Although it may seem that the process has been complicated by requiring an administrative permit for additions, as a trade off, the proposed ordinance would provide additional flexibility by eliminating the 40% limitation for additions while also allowing additions to over-density residential structures and uses which are nonconforming for other reasons (i.e. building height, parking). Additionally, the proposed ordinance would provide an opportunity for public input to ensure that nonconforming uses or structures continue to be compatible with the surrounding properties. Specifically, in regards to additions to nonconforming single-family residences, the proposed ordinance would result in the following changes: • Remove the limitation that additions to nonconforming residences may not exceed 40% ofthe existing square footage of the structure. • Require that additions meet the current setback requirements rather than extend the same degree of nonconformity. • Remove the 300 square foot limitation for additions to single-family residences that do not have a two-car garage, provided that two off-street parking spaces are provided. • Require processing of an administrative Nonconforming Construction Permit. • Require notification of property owners within a 300 foot radius. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us The NCP process is proposed as an administrative permit process, similar to an Administrative Variance. The NCP would ensure that the nonconformity is documented as a legally constructed building or a legally established use. Although the process for minor additions (less than 40%) would no longer be ministerial (building permit), the current restrictions that limit additions to only 40% of the size of the existing structure would be eliminated. Removing the square footage limitation eliminates the problems of tracking the cumulative square footage that is associated with residences that have had numerous additions that occur over time. Requiring a NCP for all additions (< or > 40%) ensures a consistent review of all properties. In addition, the new ordinance would require that all additions observe the current setback requirements instead of allowing an existing nonconforming setback to be continued. In the case where a property owner would desire to continue the nonconforming setback, there would still be the opportunity to request a variance from the current development standards. Abatement of nonconforming residential structures has been rarely (if ever) implemented by the City in the past, and it is not likely that proactive abatement of structures will occur in the future except in instances where the nonconforming structure or use is "adverse to the orderly development of the City and/or the public health, safety, or welfare of persons or property". I can understand your concern that the NCP public notice may provide an opportunity to open up the discussion for abatement of nonconforming structures. However, the intention is to ensure that nonconforming residential structures and residential uses maintain compatibility with adjacent uses and structures by providing the public with an opportunity to comment on any proposed expansions. At this time, staff is not proposing any revisions to the draft ordinance in response to your e- mail. However, your e-mail and staffs response will be included as an attachment to the staff report to the Planning Commission. I encourage you to express your comments at the public hearing for this item which will be held on Wednesday, June 17, 2009 at 6:00 pm in the City of Carlsbad City Council Chambers, 1200 Carlsbad Village Drive. Again, I thank you for your comments. If you have any additional questions, please contact me at 760.602.4626 or via e-mail at Barbara.kennedv@carlsbadca.gov. Sincerely, BARBARA KENNEDY, AlCP Associate Planner c: Gary Barberio, Assistant Planning Director Chris DeCerbo, Principal Planner file Barbara Kennedy From: Mike Howes [mikehowes@hwplanning.com] Sent: Monday, May 18, 2009 10:32 AM To: Barbara Kennedy Cc: TedOwen@carlsbad.org; 'Lou Storrow'; 'Bob Ladwig' Subject: RE: Non-conforming Ordinance revisions Barbara, I agree with Bob's comments. Due to the difficulty in dealing with insurance agencies it is often infeasible to get through their approval process in time to file for a permit with the City in one year. Other than that it looks good to me. It is shorter and easier to follow than the City's existing non-conforming ordinance. Mike MIKE HOWES HOWES, WEILER & ASSOCIATES 5927 BALFOUR COURT, SUITE 202 CARLSBAD, CA 92008 PHONE-760.929.2288 FAX-760.929.2287 MOBILE-760.27 1.1486 From: Bob Ladwig [mailto:ldg@dwllsoneng.com] Sent: Wednesday, May 13, 2009 3:36 PM To: 'Barbara Kennedy' Cc: TedOwen(§)carlsbad.org; 'Lou Storrow'; Mike Howes Subject: RE: Non-conforming Ordinance revisions Barbara Thanks for sending over for review and comment the proposed non-conforming ordinance revisions. I have sent the information on to Ted and our Chamber Chairman Lou Storrow. In reviewing the proposed changes I have only one comment. The time specified for an application for a non-conforming construction permit to be filed is 1 year after a disaster. I would suggest it be changed to 2 years of the date of the disaster. There will be a lot going on with someone who lost a nonconforming residential structure and the 1 year seems like a short time to get an application into the City. The same timing also shows up in the nonconforming non- residential structure destroyed by fire and should also be changed to 2 years to make application. I see there is also a provision for appeal for more time. I would think an extra year beyond the 2 years would be acceptable. I appreciate the City considering this change. I have a client in the North West quadrant who owns an apartment building that was built some time ago with permits and now because the City has changed the rules over time the building could not be replaced without the changes now proposed. Let me know if you have any questions. Bob