HomeMy WebLinkAbout2009-06-23; City Council; Resolution 2009-1591 CITY COUNCIL RESOLUTION NO. 2009-159
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, APPROVING ZONE CODE
AMENDMENTS (CHAPTERS 21.35, 21.41 AND 21.81) TO MAKE
4 MINOR HEADING AND/OR LANGUAGE MODIFICATIONS FOR
CONSISTENCIES WITH THE VILLAGE MASTER PLAN AND DESIGN
5 MANUAL TO ADDRESS EXPIRATION OF THE VILLAGE
REDEVELOPMENT PLAN.
6
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
7 AMENDMENTS
CASE NO : ZCA 95-10faXl VLCPA 95-10(axl)
8
_ WHEREAS, in accordance with Carlsbad Municipal Code, Title 21, Chapter 21.52, Section
21.52.020, the Carlsbad Redevelopment Agency has prepared amendments to Carlsbad Municipal Code
Title 21, Chapters 21.35, 21.41, and 21.81 to make minor heading and/or language modifications and/or
additions to address expiration of the Village Redevelopment Plan; and
11 WHEREAS, the proposed amendments are set forth in Ordinance Nos< CS-037 t CS-038
12 anc CS-039 hereby noted as Exhibits "X", "Y" and "Z", respectively, dated March 30, 2009, and
attached hereto - ZCA 95-10(aXl) together with the legislative drafts; and
13
WHEREAS, the Design Review Board did on the 27th day of April hold a duly noticed public
14 hearing as prescribed by law to consider said request and had recommended approval of the proposed
zone code amendments ZCA 95-10(aXl); and
i *J
WHEREAS, as a result of an environmental review of the subject project conducted pursuant to
the Guidelines for Implementation of the California Environmental Quality Act and the Environmental
1 „ Protection Ordinance of the City of Carlsbad, the project was found to be exempt from the requirement
for preparation of environmental documents pursuant to Section 15061(b)(3) (The General Rule) of the
State CEQA Guidelines.
WHEREAS, the City Council did on the date of this resolution hold a duly noticed public
hearing to consider said request from the Carlsbad Redevelopment Agency and the recommendation of
20 the Design Review Board; and
21 WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if
any, of all persons desiring to be heard, analyzing the information submitted by staff, and considering any
22 written comments received, the City Council considered all factors relating to the Zone Code
Amendment.
23
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carlsbad,
24 California as follows:
25 a) That the foregoing recitations are true and correct.
26 b) That based on the evidence presented at the public hearings and set forth in the Design
Review Board Staff Report dated April 27, 2009, the Council hereby APPROVES the zone
27 code amendments ZCA 95-10(aXl) and INTRODUCES Ordinance Nos. CS-037 ,
CS-038, and _ CS-039 approving ZCA 95-10(aXl), subject to the findings and conditions
28 set forth in Design Review Board Resolution No. 338, dated April 27, 2009.
c) The proposed amendments will be effective thirty (30) days after approval date, in all areas
of the Village, except those areas of the Village which are located in the Coastal Zone. For
properties in the Coastal Zone, the amendments will not be effective until approved and
T certified by the California Coastal Commission.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the City
Council of the City of Carlsbad and the Housing and Redevelopment Commission of the
City of Carlsbad on the 23rd day of June 2009, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Lewis, Kulchin, Hall, Packard, Blackburn
None
None
Mayor
ATTEST:
LOR^INEWvV0OD,<gty Clerk
Karen R. Kundtz, Assistant City Clerk
(SEAL)
^,>•"£ o
. "*" ls>
Chapter 21.35
Legislative Draft
(dated March 30, 2009)
Chapter 21.35 V-R VILLAGE REDEVELOPMENT REVIEW ZONE
21.35.010 Intent and purpose.
21.35.020 Incorporation of redevelopment plan afl4-villaqe master plan and design manual by
reference.
21.35.030 Land affected by this chapter.
21.35.040 Permitted uses.
21.35.050 Provisional uses.
21.35.060 General regulations.
21.35.070 Redevelopment Village Review permit.
21.35.080 Redevelopment Village Development projects.
21.35.085 Permit application.
21.35.090 Housing and redevelopment director action.
21.35.100 Design review boaf4Planning commission action.
21.35.110 Effective date of order-Appeal of design review board planning commission decision.
21.35.115 Housing and redevelopment commissioflCity Council action.
21.35.117 Notice of public hearings.
21.35.120 Consolidation of other permits and discretionary approvals-Findings reguirements.
21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.
21.35.150 Amendments.
21.35.010 Intent and purpose.
The village rodovolopment review zone is intended to establish land use classifications and
develop standards and procedures for that unique area of the city described in the Carlsbad
village area redevolopment plan, as adopted by city council Ordinance No. 9591 master plan and
design manual and according to the map approved and on file in the Housing and
Redevelopment and City Clerk offices. This zone adopts the land use classifications and
development standards of the Carlsbad village area redevelopment plan and of the village master
plan and design manual adopted pursuant to the redevelopment plan as the zoning for the area
designated. (Ord. NS-330 § 4 (part), 1995)
21.35.015 Village Redevelopment Plan Expiration
Adopted on July 21. 1981. the Carlsbad Village area redevelopment plans has served together
with the Village master plan and design manual to regulate land use and development in the
Village area for the purpose of eliminating blight and blighting influences, and to revitalize the
area. With expiration of the time limit for effectiveness of the Carlsbad village area redevelopment
plan on July 21. 2009. the Carlsbad Village Redevelopment Project Area terminated and the
Carlsbad Redevelopment Agency's authority to act pursuant to the redevelopment plan expired,
with exception of the requirements to pay previously incurred indebtedness, to comply with
Section 33333.8 of the California Health and Safety Code (for provision of affordable housing)
and to enforce existing covenants, contracts or other obligations and to manage Agency-owned
property. Modifications to the Village master plan and design manual were adopted by the
Carlsbad Housing and Redevelopment Commission on and City Council on
and hereby incorporated by reference into this chapter. These modifications
transfer land use and development authority within the Village area from the Housing and
Redevelopment Commission to the City of Carlsbad. The City Council has reaffirmed that the
Carlsbad Village master plan and design manual together with implementing ordinances and
policies shall continue to serve as the land use and development regulatory document for this
unique Village Area to continue the revitalization effort.
21.35.020 Incorporation of redevelopment plan and village master plan and design
manual by reference.
The Carlsbad village area redevelopment plan as adopted by Carlsbad city council Ordinance No.
9591 on July 21. 1981. and the The village master plan and design manual as adopted by
Carlsbad housing and redevelopment commission Resolution No. 271 on November 21, 1995,
and modified by Carlsbad housing and redevelopment commission Resolutions No. 280 on
August 13, 1996, No. 291 on December 16, 1997, and No. 379 on April 13, 2004, and modified
by Carlsbad housing and redevelopment commission Resolution No. 2007-273 on November 6,
2007 and modified by Carlsbad housing and redevelopment commission Resolution No. on
. 2009 are hereby adopted by reference and incorporated into this chapter. (Ord. NS-703 §
2, 2004: Ord. NS-439 § 11, 1998: Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 §
4 (part), 1995)
21.35.030 Land affected by this chapter.
This chapter shall apply only to lands located within the boundaries of the area known as the
Carlsbad village area, the boundaries of which are described in the Carlsbad village area
redevelopment planmaster plan and design manual and according to map approved and on
file in the Housing and Redevelopment and City Clerk offices. (Ord. NS-330 § 4 (part), 1995)
21.35.040 Permitted uses.
Only those land uses specified in the Carlsbad village area redevelopment plan and the village
master plan and design manual as permitted uses for particular property in the village
redevelopment review area shall be permitted. (Ord. NS-330 § 4 (part), 1995)
21.35.050 Provisional uses.
Uses permitted as provisional uses by the Carlsbad village area redevelopment plan and the
village master plan and design manual shall be permitted upon issuance of a redevelopment
village review permit approved according to this chapter. (Ord. NS-330 § 4 (part), 1995)
21.35.060 General regulations.
Subject to the provisions of Section 21.35.130 and except as otherwise provided by the Carlsbad
village redevelopment plan or the village master plan and design manual, the regulations of this
title which apply to uses generally or generally to all zoning classifications shall apply to property
and uses in this zone. (Ord. NS-330 § 4 (part), 1995)
21.35.070 Redevelopment Village review permit.
Unless otherwise determined to be an exempt project pursuant to Section 21.35.080, no
development shall occur in the area subject to this chapter without a redevelopment village
review permit. (Ord. NS-330 § 4 (part), 1995)
21.35.080 Redevelopment Village review projects.
(a) Exempt Projects. No redevelopment village review permit shall be required for an exempt
project. An exempt project is one which is exempt from the requirement to obtain a coastal
development permit in accordance with Section 21.81.030; and requires no redevelopment village
review permit or other discretionary approvals, and includes but is not limited to:
(1) Interior or Exterior improvements to existing structures which do not result in the intensity of
use of a structure; and/or
(2) Additions to existing structures which result in a cumulative increase of less than 10% of the
internal floor area; and/or
(3) Changes in permitted land uses which do not require site changes, result in increased ADT,
result in increased parking requirements, or result in compatibility issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive habitat; and/or
(5) Repair or maintenance activities which are exempt from a coastal development permit; and/or
(6) Activities of public utilities regulated by a government agency; and/or
(7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such a demolition activity has the potential to have an
adverse impact on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of redevelopment village review permits required
for nonexempt projects. One permit for each type of fedevelopment project described as follows:
(1) Administrative Redevelopment Village Review Project. An administrative redevelopment
village review project is one which involves development with an estimated permit value of less
than sixty thousand dollars, and requires no other discretionary approvals, except an
administrative variance within the authority of either the director of planning or the director,
including, but not limited to:
(A) New construction of building(s) or addition(s) to the building footprint; and/or
(B) Interior or exterior improvements to existing structures which result in an intensity of use;
and/or
(C) Provisional land uses, where a minor or major redevelopment village review permit is not
required; and/or
(D) Changes in permitted land uses which result in site changes, increased ADT, increased
parking requirements, or result in compatibility issues/problems; and/or
(E) Signs for existing businesses or facilities; and/or
(F) Repair or maintenance activities which are not exempt projects.
(2) Minor Redevelopment Village Review Project. A minor redevelopmentvillage review project is
one which does not qualify as an administrative redevelopment projectvillage review project and
involves development with an estimated permit value of sixty thousand dollars or more but less
than one hundred fifty thousand dollars.
(3) Major Redevelopment Village Review Project. A major redevelopmentvillaqe review project is
one which involves development with an estimated permit value of one hundred fifty thousand
dollars or more. (Ord. NS-330 § 4 (part), 1995)
21.35.085 Permit application.
(a) An application for a redevelopment Village review permit for a non-exempt development
project as defined in Section 21.35.080 may be made by the record owner or owners of the
property, or the authorized agent or agents for the property, on which the development is
proposed. The application shall be filed with the director upon forms provided by the director, and
shall be processed in accordance with the provisions of Section 21.54.010 of this code.
(b) If signatures of persons other than the owners of property making the application are required
or offered in support of, or in opposition to, an application, they may be received as evidence of
notice having been served upon them of the pending application, or as evidence of their opinion
on the pending issue, but they shall in no case infringe upon the free exercise of the powers
vested in the city as represented by the design review boardPlanning Commission and the
housing and redevelopment commissionCitv Council.
(c) The application shall be accompanied by a fee in the amount established by city council
resolution. No application shall be accepted or deemed accepted until the appropriate fee or fees
have been paid. (Ord. NS-330 § 4 (part), 1995)
21.35.090 Housing and redevelopment director action.
(a) After the application has been accepted as complete the director shall determine if the project
is exempt from the requirements of this chapter pursuant to Section 21.35.080. No permit shall be
required for a project which is exempt from the requirements of this chapter.
The director shall determine the exemption based on the certified local coastal program, including
maps, categorical exclusions and other exemptions, land use designations, zoning ordinances
and the village master plan and design manual. In granting an exemption, the director may
impose such conditions as are necessary to protect the public health, safety and welfare.
The director shall inform the applicant whether the project is exempt within ten calendar days of
the determination that the application is complete. The decision of the director on all exempt
determinations is final, (subject to the potential dispute resolution process as provided in Section
21.81.050).
The director shall maintain a record of all determinations made on projects exempt from the
requirements of this chapter. The records shall include the applicant's name, an indication that
the project is located in the village area, the location of the project, and a brief description of the
project. The record shall also include the reason for exemption.
(b) The director may approve, conditionally approve or deny administrative redevelopment village
review permits for the village as defined in Section 21.35.080, subject to appeal to the design
review boardPlanninq Commission.
(c) After all necessary reports and recommendations have been received the director shall
transmit the application for a minor or major redevelopment village review permit together with the
reports and the recommendations of the appropriate departments to the design review
boafdPlanning Commission for a public hearing.
(d) The director shall transmit to the design review boardplanning commission all timely appeals
on administrative permits and administrative variances.
(e) The director may grant, conditionally grant or deny applications for the types of administrative
variances set forth in Section 21.51.020 of this code and in accordance with the procedures
provided in Chapter 21.51 of this code, except that the director and the design review
boaFdplanning commission shall serve as the appropriate approving bodies for projects within the
village redevelopment review area. If the project includes other discretionary approvals outside
the director's authority, the director shall set the consolidated project for public hearing by the
design review boardplanning commission.
(f) The effective date of order of a housing and redevelopment director decision and the method
for appeal of such decision shall be governed by Section 21.54.140 of this code. (Ord. NS-675 §
33, 2003; Ord. NS-330 § 4 (part), 1995)
21.35.100 Design review board Planning commission action.
(a) The design review boardplanning commission shall hold a public hearing on:
(1) Appeals of decisions made by the director on administrative redevelopment village review
permits for the village area as defined in Section 21.35.080 or administrative variances;
(2) Minor or major redevelopment village review permits: and
(3) Nonadministrative variances for which the board has final decision-making authority pursuant
to Section 21.35.130(b).
(b) For major redevelopment village review projects, the keafd-commission shall consider the
evidence and by resolution report and recommend to the housing and redevelopment
commissioncitv council approval, conditional approval, or denial of the project. Such resolution
shall state, among other things, the facts and reasons why the koafd-commission determined the
approval, conditional approval or denial to be consistent with this chapter. The action to approve,
conditionally approve or deny is advisory to the commissioncouncil.
(c) The beafd-commission shall have sole authority to consider the evidence and by resolution
report and recommend to the housing and redevelopment commission and/or city council
approval, condition approval, or denial of revisions to applicable chapters of the Carlsbad
Municipal Code, Village Master Plan and Design Manual and/or other policy documents
specifically related to activities which benefit and/or otherwise impact the Village Area. —(Ord.
NS-675 § 34, 2003: Ord. NS-330 § 4 (part), 1995)
21.35.110 Effective date of order-Appeal of design review boardplanninq
commision decision.
The effective date of the design review board'splanning commission decision and method for
appeal of such decision shall be governed by Section 21.54.150 of this code. (Ord. NS-675 § 35,
2003: Ord. NS-506 § 2, 1999: Ord. NS-330 § 4 (part), 1995)
21.35.115 Housing and redevelopment commissionCity Council action.
The housing and redevelopment commissioncitv council shall hold a public hearing on:
(a) Any major redevelopment village review permit for which the design review boardplanninq
commission has filed a report and recommendation with the city clerk; or
(b) Any other matter made appealable to the commission council by this chapter and which has
been timely appealed. (Ord. NS-330 § 4 (part), 1995)
21.35.117 Notice of public hearings.
Notice of any public hearing required by this chapter shall be given as provided in Section
21.54.060(1) of this code. (Ord. NS-330 § 4 (part), 1995)
21.35.120 Consolidation of other permits and discretionary approvals-Findings
requirements.
(a) Whenever a project would require a permit or approval under the provisions of this title and/or
Title 20 notwithstanding this chapter, the redevelopment village review permit shall be deemed to
satisfy the requirements for such permit or approval; provided, however, that in considering the
redevelopment village review permit for said project the director, design review boardplanninq
commission and the housing and redevelopment commissioncitv council shall apply the
provisions of this chapter and the provisions of this title otherwise applicable to such other permit
or approval for the project.
(b) Whenever a project consists only of exemption determinations and/or administrative permits
or administrative variances within the authority of either the director of planning or the director,
they shall be consolidated and considered by the director, subject to appeal to the design review
beaWplanning commission with regard to determinations other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the director's
administrative permit or administrative variance authority, the administrative permit and/or
administrative variance aspects shall be consolidated with the other matters and submitted to the
design review boardplanninq commission.
(d) No variance, determination of exemption or administrative, minor or major redevelopment
village review permit shall be granted unless the decisionmaker finds, in addition to any other
findings otherwise required for the project, that the project as approved, or conditionally approved
is consistent with this code, the general plan, the Carlsbad village area redevelopment plan and
the village master plan and design manual. (Ord. NS-330 § 4 (part), 1995)
21.35.130 Variances.
(a) The housing and redevelopment commissioncity council may grant variances from the limits,
restrictions and controls established by this chapter for major redevelopment village review
permits if the commission finds that:
(1) Because of special circumstances applicable to the subject property, including size, shape,
topography, location or surroundings, the strict application of the zone regulation deprives such
property of privileges enjoyed by other property in the vicinity and under identical zoning
classification;
(2) The variance shall not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which the subject property is located and is
subject to any conditions necessary to assure compliance with this finding;
(3) The variance does not authorize a use or activity which is not otherwise expressly authorized
by the zone regulation governing the subject property;
(4) The variance is consistent with the general purpose and intent of the general planT Carlsbad
village area redevelopment plan, and the Carlsbad village redevelopment master plan and design
manual;
(5) In addition, in the coastal zone, that the variance is consistent with and implements the
requirements of the certified local coastal program and that the variance does not reduce or in
any manner adversely affect the protection of coastal resources as specified in the zones
included in this title, and that the variance implements the purposes of zones adopted to
implement the local coastal program land use plan.
(b) An application for a variance shall be processed in the same manner established by this
chapter for a redevelopment village review permit.
(c) The design review boardplanning commission may grant variances from the limits, restrictions
and controls established by this chapter for minor redevelopment review projects (or otherwise
administrative projects consolidated or on appeal from a director decision), if the board
commission makes the variance findings set forth in subsection (a) of this section.
(d) The director may grant administrative variances in accordance with Section 21.35.090(e), if
the director makes the findings set forth in subsection (a) of this section. (Ord. NS-675 § 36,
2003: Ord. NS-330 § 4 (part), 1995)
21.35.140 Compliance with other provisions of this code.
Projects developed pursuant to this chapter shall be subject to the provisions of the Carlsbad
village area redevelopment plan and the village master plan and design manual and all other
applicable provisions of the Carlsbad Municipal Code, including but not limited to those provisions
of Titles 18, 19 and 20. (Ord. NS-330 § 4 (part), 1995)
21.35.150 Amendments.
Amendments to the Carlsbad village area rodovelopment plan or the village master plan and
design manual shall be deemed to be amendments to this chapter; provided, however, that such
amendments are processed and noticed in a manner which meets the requirements of Chapter
21.52 of this code. Amendment of the village master plan and design manual by housing and
redevelopment commissioncity council resolution, with a recommendation from the design review
board-planning commission shall be deemed to satisfy the requirements of Chapter 21.52 of this
code, provided all other requirements are met. (Ord. NS-330 § 4 (part), 1995)
lit
Chapter 21.41
Legislative Draft Excerpt
(dated 3/30/09)
Chapter 21.41 SIGN ORDINANCE
21.41.010 Applicability.
21.41.010 Applicability.
The provisions of this chapter shall apply generally to all zones established by this title. Properties
and uses in the village redevelopment review (VR) zone are regulated first by the sign standards of
the Carlsbad village redevelopment master plan and design manual, and then, to the extent not
covered by said master plan and design manual, by the provisions of this chapter. Signs on public
property, both within the village redevelopment zonereview zone and other zones, are controlled by
city council policy.
In those areas of the city where master plan or specific plan sign standards or sign programs were
adopted by ordinance as special zoning regulations, those sign standards or sign programs shall
apply; however, the "substitution" provisions of this chapter, section 21.41.025(2), shall apply to such
programs and plans.
All other sign programs that were approved prior to the effective date of this chapter, but not by
ordinance, are subject only to the "substitution" provisions of this chapter (section 21.41.025(2)),
except that if any such sign program is proposed for amendment to increase overall sign area
allowed, then the sign program must be amended to conform with all development and design
standards of this chapter.
Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed,
erected, constructed, placed, established, mounted, created or maintained only in conformance with
the standards, procedures and other requirements of this chapter. The standards regarding number
and size of signs regulated by this chapter are maximum standards, unless otherwise stated. (Ord.
NS-606§1 (part), 2001)
/7
Chapter 21.81
Legislative Draft
(dated 3/30/09)
Chapter 21.81 COASTAL DEVELOPMENT PERMITS-VILLAGE REDEVELOPMENT
REVIEW ZONE
21.81.010 Definitions.
21.81.020 Permit required.
21.81.030 Development exempt from coastal development permit procedures.
21.81.035 Repair and maintenance activities requiring a coastal development permit.
21.81.040 Application.
21.81.050 Duties of housing and redevelopment director-Exemptions-Emergency permits.
21.81.055 Administrative coastal development permits.
21.81.060 Transmittal to design review boardPlanninq Commission.
21.81.070 Design review boafdPlanning commission action.
21.81.080 Effective date of order-Appeal of design review beaf4Planning Commission decision.
21.81.090 Housing and redevelopment commissieflCity council action.
21.81.100 Public hearings.
21.81.110 Appeals to coastal commission.
21.81.115 Coastal development permits issued by the Coastal Commission.
21.81.120 Notice of final local action.
21.81.130 Effective date of permit.
21.81.140 Review of recorded documents.
21.81.150 Applications for emergency permits.
21.81.160 Expiration of coastal permits.
21.81.165 Amendment to coastal development permit.
21.81.010 Definitions.
(a) Coastal Zone. "Coastal zone" means that portion of the Carlsbad coastal zone located within
the area of the city described oo-injhe Carlsbad village master plan and design manual and
shown on the map entitled Carlsbad Village segment of Carlsbad Coastal Zone dated and
on file in the offices of Housing and Redevelopment and City Clerk.area redevelopment plan as
adopted by the city of Carlsbad Ordinance No. 9591 and shown on the map entitled village
redevelopment aroa segment of the Carlsbad coastal zone dated December 19, 1983 and on filo
in the planning department.
(b) Coastal Commission. "Coastal Commission" means the California Coastal Commission.
(c) Development. "Development" means on land, in or under water, the placement or erection of
any solid material or structure; discharge or disposal of any dredged material or of any gaseous,
liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials;
change in the density or intensity of use of land, including but not limited to, subdivision pursuant
to the subdivision map act and any other division of land, including lot splits, except where the
land division is brought about in connection with the purchase of such land by a public agency for
public recreational use; change in the intensity of use of water, or of access thereto; construction,
reconstruction, demolition or alteration of the size of any structure, including any facility of private,
public or municipal utility, and the removal or harvesting of major vegetation other than for
agricultural purposes, kelp harvesting, and timber operations which are in accordance with a
timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice
Act of 1973 (commencing with Section 4511). As used in this section, "structure" includes, but is
not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and
electric power transmission and distribution line.
(d) Major Energy Facility. "Major energy facility" means any energy facility as defined by Public
Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost
of construction.
(e) Major Public Works Project. "Major public works project" means any public works project as
defined by Title 14 California Code of Regulations Section 13012 and exceeding one hundred
thousand dollars in estimated cost of construction. (Amended during 2-04 supplement; Ord. NS-
675 §§ 78 (part), 2003; Ord. NS-330 § 6 (part), 1995)
21.81.020 Permit required.
Unless a development is exempt from coastal development permit procedures pursuant to
Section 21.81.030, no development shall occur in the coastal zone without a permit having first
been issued according to the provisions of this chapter. (Ord. NS-330 § 6 (part), 1995)
21.81.030 Development exempt from coastal development permit procedures.
(a) Categorical Exclusions.
(1) A permit issued for a development which is categorically excluded from the coastal
development permit requirements pursuant to California Public Resources Code Section 30610,
shall be exempt from the requirement of this chapter.
(2) The city council may designate by resolution, after a public hearing, categories of
development which have no potential for any significant adverse effect, either individually or
cumulatively, on coastal resources or on public access to, or along the coast. Development which
has been so designated shall be categorically exempt from the provisions of this chapter. The
designation of any categorical exemption shall not be effective until the exemption has been
approved by the Coastal Commission. The housing and redevelopment director andplanning
director shall keep a record of all permits issued for categorically exempt projects as specified in
subsection (a)(1) of this section.
(b) Exempt Projects. In addition to those projects categorically excluded pursuant to subsection
(a), the following projects are exempt from the requirements of a coastal development permit:
(1) Improvements to existing single-family residential building except:
(A) On a beach, wetland or seaward of the mean high tide line where the residence or proposed
improvement would encroach within fifty feet of the edge of a coastal bluff;
(B) On property located between the sea and the first public road paralleling the sea or within
three hundred feet of the inland extent of any beach or of the mean high tide of the sea where
there is no beach, whichever is the greater distance, or in significant scenic resources areas as
designated by the commission or regional commission, improvement that would result in an
increase of ten percent or more of internal floor area of an existing structure or an additional
improvement of ten percent or less where an improvement to the structure had previously been
undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by
more than ten percent of an existing structure and/or any significant nonattached structure such
as garages, fences, shoreline protective works or docks;
(C) Any significant alteration of land forms including removal or replacement of vegetation on a
beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided
in subsection (b)(3) of this section.
For the purposes of this section an existing single-family residential building shall include all
appurtenances and other accessory structures, including decks, directly attached to the
residence; accessory structures or improvements on the property normally associated with
residences, such as garages, swimming pools, fences, storage sheds but not including guest
houses or self-contained residential units; landscaping on the lot.
(2) Improvements to existing structures other than a single-family residence or public works
facility except:
(A) On a beach, wetland, stream or lake; seaward of the mean high tide line; where the structure
or improvement would encroach within fifty feet of the edge of the coastal bluff;
(B) On property located between the sea and the first public road paralleling the sea or within
three hundred feet of the inland extent of any beach or of the mean high tide of the sea where
there is no beach, whichever is the greater distance, any improvement that would result in an
increase of ten percent or more of internal floor area of an existing structure or an additional
improvement of ten percent or less where an improvement to the structure had previously been
undertaken pursuant to Public Resources Code Section 10610(a), or an increase in height by
more than ten percent of an existing structure and/or any significant non-attached structure such
as garages, fences, shoreline protective works or docks;
(C) Any improvement which changes the intensity of use of a structure; and
(D) Any significant alteration of land forms including removal or placement of vegetation on a
beach, wetland, or sand dune, or within one hundred feet of the edge of a coastal bluff or stream
except as provided in subsection (b)(3) of this section.
(3) The following improvements are exempt from the requirements of a coastal permit regardless
of location:
(A) Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive
habitat areas;
(B) Additions resulting in a cumulative increase of less than ten percent of the internal floor area
of an existing structure;
(C) Repair or maintenance activities not described in Section 21.81.035;
(D) Activities of public utilities as specified in the repair, maintenance and utility hook-up exclusion
adopted by the Coastal Commission, September 5,1978, and as modified from time to time.
(Ord. NS-330 § 6 (part), 1995)
21.81.035 Repair and maintenance activities requiring a coastal development
permit.
(a) The following repair and maintenance activities require a coastal development permit because
they involve a risk of substantial adverse environmental impact:
(1) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater,
groin, culvert, outfall, or similar shoreline work that involves:
(A) Repair or maintenance involving substantial alteration of the foundation of the protective work
including pilings and other surface or subsurface structures;
(B) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other
beach materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a
shoreline protective work except for agricultural dikes within enclosed bays or estuaries;
(C) The replacement of twenty percent or more of the materials of an existing structure with
materials of a different kind; or
(D) The presence, whether temporary or permanent, of mechanized construction equipment or
construction materials on any sandy area or bluff or within twenty feet of coastal waters or
streams.
(2) Any method of routine maintenance dredging that involves:
(A) The dredging of one hundred thousand cubic yards or more within a twelve-month period;
(B) The placement of dredged spoils of any quantity within an environmentally sensitive habitat
area, on any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive
area, or within twenty feet of coastal waters or streams; or
(C) The removal, sale or disposal of dredged spoils of any quantity that would be suitable for
beach nourishment in an area the commission has declared by resolution to have a critically short
sand supply that must be maintained for protection of structures, coastal access or public
recreational use.
(3) Any repair or maintenance to facilities or structures or work located in an environmentally
sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or
environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that
include:
(A) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other
beach materials or any other forms of solid materials;
(B) The presence, whether temporary or permanent, of mechanized equipment or construction
materials. All repair and maintenance activities governed by the above provisions shall be subject
to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including,
but not limited to, the regulations governing administrative and emergency permits. The
provisions of this section shall not be applicable to those activities specifically described in the
document entitled repair, maintenance, and utility hook-ups, adopted by the Coastal Commission
on Septembers, 1978.
(b) Unless destroyed by natural disaster, the replacement of fifty percent or more of a seawall,
revetment, bluff retaining wall, breakwater, groin, or similar protective work under one ownership
is not repair and maintenance under Section 30610(d) but instead constitutes a replacement
structure requiring a coastal development permit. (Ord. NS-330 § 6 (part), 1995)
21.81.040 Application.
Application for a coastal development permit shall be made in accordance with the procedures
set forth in this section.
(a) An application for a permit may be made by the record owner or owners of the property
affected or the authorized agent of the owner or owners. The application shall be filed with the
director upon forms provided by the director and shall be processed in accordance with Section
21.54.01 Oof this code.
(b) At the time of filing the application the applicant shall pay a processing fee in an amount
specified by city council resolution.
(c) If signatures of persons other than the owners of property making the application are required
or offered in support of, or in opposition to, an application, they may be received as evidence of
notice having been served upon them of the pending application, or as evidence of their opinion
on the pending issue, but they shall in no case infringe upon the free exercise of the powers
vested in the city as represented by the design review boardplanninq commission and the
housing and redevelopment commissioncitv council.
The application shall be accompanied by a fee in the amount established by city council
resolution. No application shall be accepted or deemed accepted until the appropriate fee or fees
have been paid.
(d) Whenever the development would require a permit or approval under the provisions of this
title, notwithstanding this chapter, the application shall include sufficient information to allow
review of such permit or approval. Application for all permits or approvals under this title and the
coastal permit may be consolidated into one application.
(e) The director may require that the application contain a description of the feasible alternatives
to the development or mitigation measures which will be incorporated into the development to
substantially lessen any significant effect on the environment which may be caused by the
development. (Ord. NS-330 § 6 (part), 1995)
21.81.050 Duties of housing and redevelopment director-Exemptions-Emergency
permits.
(a) After the application has been accepted as complete the director shall determine if the project
is exempt from the requirements of this chapter pursuant to Section 21.81.030. No permit shall be
required for a project which is exempt from the requirements of this chapter.
The director shall maintain a record of all determinations made on projects exempt from the
requirements of this chapter. The records shall include the applicant's name, an indication that
the project is located in the coastal zone, the location of the project, and a brief description of the
project. The record shall also include the reason for exemption.
The director shall determine the exemption based on the certified local coastal program, including
maps, categorical exclusions and other exemptions, land use designations and zoning
ordinances.
The director shall inform the applicant whether the project is exempt (and whether in the
"appealable area," if not exempt) within ten calendar days of the determination that the
application is complete. The written notice to the applicant shall include advice that, if dissatisfied
with the determination, the applicant (or director) can request the opinion of the Coastal
Commission's executive director in accordance with 14 Code of California Regulations Section
13569.
(b) The director may issue emergency permits in accordance with Section 21.81.150. (Ord. NS-
330 § 6 (part), 1995)
21.81.055 Administrative coastal development permits.
(a) The director may issue all coastal development permits related to administrative
redevelopment village review permits and administrative variances as defined in Sections
21.35.070 and 21.35.090(e) of this code. The coastal development permit shall be processed
concurrently with the administrative redevelopment village review permit. If the project includes
permits or other discretionary approvals outside the director's administrative permit authority, the
administrative permit aspects shall be consolidated with the other matters and submitted to the
design review boardplanninq commission in accordance with Section 21.81.060.
(b) If the project is in the nonappealable area of the coastal zone, the director shall give notice of
pending development approval in writing, within ten calendar days after the application is
complete, as follows:
(1) Contents. The notice shall include all the matters required by 14 Code of California
Regulations Section 13568 (b), including statement of a public comment period of at least ten
calendar days sufficient to receive and consider comments submitted by mail prior to the date
established for the decision.
(2) Recipients. The notice shall be sent by first class mail to:
(A) Any person requesting to be on the mailing list for the project or for coastal decisions; and
(B) All property owners and residents within one hundred feet of the project perimeter; and
(C) The Coastal Commission.
(c) The director may approve, approve with conditions, or deny the permit. The decision shall be
based upon the requirements of, and shall include specific factual findings supporting whether the
project is or is not in conformity with, the certified local coastal program (and, if applicable, with
the public access and recreation policies of Chapter 3 of the Coastal Act).
(d) The director's decision shall be the final local action and shall be made in writing. The date of
the decision shall be the date the writing containing the decision or determination is mailed or
otherwise delivered to the person or persons affected by the decision or determination. The
director shall give notice of the final local decision in accordance with Section 21.81.120 of this
code.
(e) The effective date of the director's decision and the method for appeal of such decision shall
be governed by Section 21.54.140 of this code. The director shall give notice of final local
decision on the appeal in accordance with Section 21.81.120.
(f) If the project is within the appealable area of the coastal zone, the director shall give notice of
a public hearing to be held before the director to consider said application in accordance with
Section 21.81.100. The notice shall contain the matters and be mailed at the time and in the
manner required by 14 CCR Section 13565. The director shall conduct the public hearing
generally in the same manner as a public hearing before the design review boardplanninq
commission.
Following the public hearing before the director, the director shall issue a written notice of the
decision in the same manner and to the same persons as for a nonappealable area decision set
forth in subsections (c) and (d) of this section. The director's decision may be appealed in writing
to the design review boardplanning commission in the same manner as for nonappealable area
decision set forth in subsection (e) of this section. The director shall give notice of the final local
decision in accordance with Section 21.81.120.
(g) If the project does not qualify for an exemption, an administrative permit or an emergency
permit then the director shall set the matter for a public hearing before the design review
koap4planninq commission. The coastal permit may be set for hearing concurrently with any other
discretionary permit or approval for the project. (Ord. NS-675 § 66, 2003; Ord. NS-330 § 6 (part),
1995)
21.81.060 Transmittal to design review boardplanning commission.
Unless the development is exempt, qualifies for an emergency permit, or qualifies for an
administrative redevelopmentvillaqe review/coastal development permit, the director shall
transmit the application, together with a recommendation thereon, to the design review
keafctplanninq commission and give notice for public hearing thereon in accordance with Sections
21.54.060(1), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and processes
have been completed. An application for a coastal permit may be considered in conjunction with
any other discretionary permit or approval required for the project. (Ord. NS-330 § 6 (part), 1995)
21.81.070 Design review boardPlanninq commission action.
After a public hearing the design review board planning commission may approve, conditionally
approve or deny the application, unless the application includes a major redevelopment village
review permit. If the application includes a major village review redevelopment permit, the board's
commission's action shall be a recommendation to the housing and redevelopment
commissioncity council. No recommendation for approval, approval or conditional approval shall
be given unless the design review boardplanninq commission finds that the development is
consistent with the provisions of the local coastal program for the coastal zone and, if applicable,
in conformity with the public access and public recreation policies of Chapter 3 of the California
Coastal Act. (Ord. NS-330 § 6 (part), 1995)
21.81.080 Effective date of order-Appeal of design review boardplanning
commission decision.
(a) The effective date of the design review board'splanninq commission's decision and the
method for appeal of such decision shall be governed by Section 21.54.150 of this code.
(b) The decision of the housing and redevelopment commissioncity council shall be consistent
with the provisions of this chapter and shall be supported by appropriate findings.
(c) If the development for which a coastal development permit also requires other discretionary
permits or approvals for which the design review boardplanninq commission is not given final
approval authority, then the design review boardplanninq commission action on the coastal
development permit shall be deemed a recommendation to the housing and redevelopment
commissioncitv council. (Ord. NS-675 § 67, 2003: Ord. NS-506 § VIII, 1999; Ord. NS-330 § 6
(part), 1995)
21.81.090 Housing and redevelopment commissionCity Council action.
If the application for the coastal development permit is for a major redevelopmentvillage
review/coastal development, is consolidated with other discretionary permits or approvals,
pursuant to this code for which the design review boardplanning commission does not have final
approval authority, or is a timely appeal, the housing and redevelopment commissioncitv council
shall hold a public hearing on the coastal development permit application. At the public hearing,
the housing and redevelopment commissioncitv council shall consider the design review
board'splanninq commision's action or recommendation, shall consider the evidence presented at
the public hearing, review the matter, and shall approve, conditionally approve or disapprove the
coastal development permit, approval or appeal. No approval or conditional approval shall be
given unless the housing and redevelopment commissioncitv council finds that the development
is consistent with the provisions of the Carlsbad village area redevelopment plan and the village
master plan and design manual as certified by the Coastal Commission and which constitute the
local coastal program, and, if applicable, with the public access and recreation policies of Chapter
3 of the Coastal Act. The decision of the housing and redevelopment commissioncitv council is
final. (Ord. NS-330 § 6 (part), 1995)
21.81.100 Public hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be given as
provided in Sections 21.54.060(1) and 21.54.061 of this code. When the hearing on a coastal
development permit is consolidated with the hearing on a tentative map, notice shall satisfy the
requirements of both this chapter and Title 20 of this code. (Ord. NS-330 § 6 (part), 1995)
21.81.110 Appeals to coastal commission.
(a) The following developments, due to their type or location, are within the appeal jurisdiction of
the Coastal Commission. Only decisions approving a coastal development permit for these
developments are appealable to the Coastal Commission, unless otherwise noted. Exhaustion of
all local appeals must occur before an application may be appealed to the commission. Areas
subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the
planning department.
(1) Developments on property located between the sea and the first public road paralleling the
sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the
sea where there is no beach, whichever is the greater distance.
(2) Developments on property located within three hundred feet of the top of the seaward face of
any coastal bluff, or within one hundred feet of any wetland, estuary or stream.
(3) Any decision approving or denying a development which constitutes a major public works
project or a major energy facility.
(b) The appeal shall be filed at the local district office not later than twenty working days after the
date of the receipt of the noticed final local action by that district office. No city permit shall be
issued or deemed approved until an appeal, if any, to the Coastal Commission has been
resolved.
(c) Nonappealable Development. Decisions on applications for developments which are not of the
type described above are not appealable to the Coastal Commission. Decisions denying any
Coastal Act permit for an appealable development described above are not appealable to the
Coastal Commission with the exception of decisions on major public works projects and major
energy facilities. (Ord. NS-330 § 6 (part), 1995)
21.81.115 Coastal development permits issued by the Coastal Commission.
The Coastal Commission shall have original jurisdiction for all coastal development permits for
development on tidelands, submerged lands and public trust lands, whether filled or unfilled.
Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pursuant
to Public Resources Code Section 30519(b), and are shown on the post LCP certification map
which is on file in the planning department. The applicant for any project which requires a coastal
development permit issued by the Coastal Commission shall obtain discretionary approvals
required by this code prior to filing an application with the Coastal Commission for said coastal
development permit. (Ord. NS-330 § 6 (part), 1995)
21.81.120 Notice of final local action.
Within seven working days of a final local action on an application for any coastal development,
or any approval which occurs by operation of law, the director shall provide notice of the action by
first class mail to the Coastal Commission and to any persons who specifically requested notice
of such final action by submitting an addressed, stamped envelope to the city. Such notice shall
include any conditions of approval and written findings and, if the matter is appealable to the
Coastal Commission, procedures for appeal of the local action to the Coastal Commission. (Ord.
NS-330 § 6 (part), 1995)
21.81.130 Effective date of permit.
Coastal development permits for projects which are not appealable to the Coastal Commission
shall be valid upon the mailing of the notice of final local action unless the notice of final local
action does not comply with the requirements of Section 21.81.120. Coastal development permits
for projects which are appealable to the Coastal Commission shall be valid upon the expiration of
twenty working days from the date of receipt at the local district office of the notice of final local
action provided that the notice complies with the requirements of Section 21.81.120 and, further
provided, that an appeal of the decision has not been filed with the Coastal Commission. (Ord.
NS-330 § 6 (part), 1995)
21.81.140 Review of recorded documents.
(a) All coastal development permits subject to conditions that require the recordation of deed
restrictions, offers to dedicate or agreements imposing restrictions on real property shall not be
effective until completion of the following procedures:
(1) The city council shall review, revise if necessary, and accept the easement or land;
(2) The city clerk shall record the requisite legal documents;
(3) The city clerk, upon recordation of the documents, shall forward a copy of the permit
conditions, findings of approval, the legal documents pertaining to the public access and open
space conditions, and a statement as to which private association, public agency or city
department shall be responsible for the operation and maintenance of the accessway or open
space/conservation area, to the executive director of the Coastal Commission.
(b) All coastal development permits subject to conditions of approval pertaining to public access
and open space or conservation easements shall be subject to review and approval by the
executive director of the Coastal Commission.
(1) Upon completion of permit review by the city and prior to the issuance of the permit, the city
shall forward a copy of the permit conditions and findings of approval and copies of the legal
documents to the executive director of the Coastal Commission for review and approval of the
legal adequacy and consistency with the requirements of potential accepting agencies;
(2) The executive director of the Coastal Commission shall have fifteen working days from receipt
of the documents in which to complete the review and notify the applicant of recommended
revisions if any;
(3) The city may issue the permit upon expiration of the fifteen working day period if notification of
inadequacy has not been received by the city within that time period; and
(4) If the executive director has recommended revision to the applicant, the permit shall not be
issued until the deficiencies have been resolved to the satisfaction of the executive director. (Ord.
NS-330 § 6 (part), 1995)
21.81.150 Applications for emergency permits.
(a) Applications in case of emergency shall be made by letter to the director or in person or by
telephone, if time does not allow. Emergency means a sudden, unexpected occurrence
demanding immediate action to prevent or mitigate loss or damage to life, health, property, or
essential public services.
(b) The following information shall be included in the request:
(1) Nature of the emergency;
(2) Cause of the emergency, insofar as this can be established;
(3) Location of the emergency;
(4) The remedial, protective or preventive work required to deal with the emergency; and
(5) The circumstances during the emergency that appeared to justify the cause(s) of action taken,
including the probable consequences of failing to take action.
(c) The director shall verify the facts, including the existence and the nature of the emergency,
insofar as time allows.
(d) The director shall provide public notice of the emergency work, with the extent and type of
notice determined on the basis of the nature of the emergency.
(e) The director may grant an emergency permit upon reasonable terms and conditions, including
an expiration date and the necessity for a regular permit application later, if the director finds that:
(1) An emergency exists that requires action more quickly than permitted by the procedures for
administrative permits or for regular permits and the work can and will be completed within thirty
days unless otherwise specified by the terms of the permit;
(2) Public comment on the proposed emergency action has been reviewed, if time allows; and
(3) The work proposed would be consistent with the requirements of the certified land use plan.
(f) The director shall report, in writing, to the design review boardplanning commission, at its first
scheduled meeting after the emergency permit has been issued, the nature of the emergency and
the work involved. Copies of this report shall be available at the meeting and shall be mailed to all
persons who have requested such notification in writing. The report of the director shall be
informational only; the decision to issue an emergency permit is solely at the discretion of the
director subject to the provisions of this chapter.
(g) Any request for an emergency permit within the Coastal Commission area of original
jurisdiction as defined in Section 21.81.115 shall be referred to the Coastal Commission for
review and issuance. (Ord. NS-330 § 6 (part), 1995)
21.81.160 Expiration of coastal permits.
A coastal development permit shall expire on the latest expiration date applicable to any other
permit or approval required for the project, including any extension granted for other permits or
approvals, but in no event shall this period exceed five years without extension of time, if a
building permit has not been issued for the project. Should the project require no permits or
approvals other than a coastal development permit, the coastal development permit shall expire
one year from its date of approval if a building permit has not been issued for the project during
that time.
Not more than ninety or less than forty-five days prior to the expiration of a coastal development
permit the permittee may apply to the design review boardplanninq commission for an extension
of the permit. The application for an extension shall be processed pursuant to the provisions of
Sections 21.81.070, 21.81.100 and 21.81.110 of this chapter. An extension shall be approved
only if it is found that there has been no change of circumstances in relation to coastal resources
since the original granting of the permit. If the design review boardplanninq commission finds that
there has been a change of circumstances in relation to coastal resources since the original
granting of the permit the application for the extension shall be denied or conditionally approved.
The decision of the design review boardplanning commission may be appealed pursuant to the
provisions of Section 21.81.080. If a complete application for an extension has been timely filed,
the design review boardplanninq commission or the housing and redevelopment commissioncity
council on appeal may grant the extension after the expiration date provided that the final
decision is made not later than forty-five days after the expiration date. (Ord. NS-330 § 6 (part),
1995)
21.81.165 Amendment to coastal development permit.
An amendment to a coastal development permit issued by the city shall be processed in the
same manner as an original application for a coastal development permit. (Ord. NS-330 § 6
(part), 1995)
\u
Exhibit "X"
(dated 3/30/09)
1 ORDINANCE NO. CS-037
2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD
4 MUNICIPAL CODE CHAPTER 21.35 (V-R VILLAGE
REDEVELOPMENT ZONE) TO ADD/REMOVE LANGUAGE FROM
5 CHAPTER 21.35 THAT REFERS TO THE CARLSBAD VILLAGE
REDEVELOPMENT AREA PLAN AND/OR PROJECT AREA.
6
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
7 AMENDMENTS
CASE NO: _ .
8
The City Council, does ordain as follows:
, ft Section I: That Chapter 21.35 of the Carlsbad Municipal Code is amended to read as
j 1 follows:
12 Chapter 21 .35 V-R VILLAGE REVIEW ZONE
13 21.35.010 Intent and purpose.
14 21.35.020 Incorporation of village master plan and design manual by reference.
,e 21 .35.030 Land affected by this chapter.
21.35.040 Permitted uses.16
21.35.050 Provisional uses.
17
21.35.060 General regulations.
18 21 .35.070 Village Review permit.
ig 21 .35.080 Village Development projects.
20 21 .35.085 Permit application.
21 21 .35.090 Housing and redevelopment director action.
22 21.35.100 Planning commission action.
2-> 21 .35. 110 Effective date of order-Appeal of planning commission decision.
21 .35.1 1 5 City Council action.24 - -
21.35.117 Notice of public hearings.
25
21 .35.120 Consolidation of other permits and discretionary approvals-Findings
26 reguirements.
27 21.35.130 Variances.
21.35.140 Compliance with other provisions of this code.28
21 .35.1 50 Amendments.
2 21.35.010 Intent and purpose.
o The village review zone is intended to establish land use classifications and develop
standards and procedures for that unique area of the city described in the Carlsbad
, village master plan and design manual and according to the map approved
and on file in the Housing and Redevelopment and City Clerk offices. This zone
adopts the land use classifications and development standards of the Carlsbad village
master plan and design manual as the zoning for the area designated. (Ord. NS-330
§4 (part), 1995)
6
21 .35.01 5 Village Redevelopment Plan Expiration
Adopted on July 21 , 1981 , the Carlsbad Village area redevelopment plans has served
together with the Village master plan and design manual to regulate land use and
development in the Village area for the purpose of eliminating blight and blighting
influences, and to revitalize the area. With expiration of the time limit for effectiveness
of the Carlsbad village area redevelopment plan on July 21 , 2009, the Carlsbad
1 0 Redevelopment Project Area terminated and the Carlsbad Redevelopment Agency's
authority to act pursuant to the redevelopment plan expired, with exception of the
1 1 requirements to pay previously incurred indebtedness, to comply with Section
33333.8 of the California Health and Safety Code (for provision of affordable housing)
12 and to enforce existing covenants, contracts or other obligations and to manage
Agency-owned property. Modifications to the Village master plan and design manual
were adopted by the Carlsbad Housing and Redevelopment Commission on June 23,
2009 and City Council on June 23, 2009 and hereby incorporated by reference into
this chapter. These modifications transfer land use and development authority within
the Village area from the Carlsbad Housing and Redevelopment Commission to the
, c City of Carlsbad. The City Council has reaffirmed that the Carlsbad Village master
plan and design manual together with implementing ordinances and policies shall
, continue to serve as the land use and development regulatory document for this
unique Village Area to continue the revitalization effort.
17
21 .35.020 Incorporation of village master plan and design manual by
reference.
The village master plan and design manual as adopted by Carlsbad housing and
redevelopment commission Resolution No. 271 on November 21, 1995, and modified
20 by Carlsbad housing and redevelopment commission Resolutions No. 280 on August
13, 1996, No. 291 on December 16, 1997, and No. 379 on April 13, 2004, and
21 modified by Carlsbad housing and redevelopment commission Resolution No. 2007-
273 on November 6, 2007 and modified by Carlsbad housing and redevelopment
22 commission Resolution No. 470 on June 23, 2009 are hereby adopted by reference
and incorporated into this chapter. (Ord. NS-703 § 2, 2004: Ord. NS-439 §11, 1998:
23 Ord. NS-371 § 3, 1996: Ord. NS-340 § 1, 1995: Ord. NS-330 § 4 (part), 1995)
24
21 .35.030 Land affected by this chapter.25 This chapter shall apply only to lands located within the boundaries of the area known
as the Carlsbad village area, the boundaries of which are described in the Carlsbad
village master plan and design manual and according to map approved June 23,
2009 and on file in the Housing and Redevelopment and City Clerk offices. (Ord. NS-
27 330 §4 (part), 1995)
28
-2-
1 21.35.040 Permitted uses.
2 Only those land uses specified in the Carlsbad village master plan and design manual
as permitted uses for particular property in the village review area shall be permitted.
3 (Ord. NS-330 § 4 (part), 1995)
4 21.35.050 Provisional uses.
Uses permitted as provisional uses by the Carlsbad village area master plan and
design manual shall be permitted upon issuance of a village review permit approved
according to this chapter. (Ord. NS-330 § 4 (part), 1995)6 21.35.060 General regulations.
7 Subject to the provisions of Section 21.35.130 and except as otherwise provided by
the Carlsbad village master plan and design manual, the regulations of this title which
8 apply to uses generally or generally to all zoning classifications shall apply to property
and uses in this zone. (Ord. NS-330 § 4 (part), 1995)
Q 21.35.070 Village review permit.
10 Unless otherwise determined to be an exempt project pursuant to Section 21.35.080,
no development shall occur in the area subject to this chapter without a village review
permit. (Ord. NS-330 § 4 (part), 1995)
21.35.080 Village review projects.
(a) Exempt Projects. No village review permit shall be required for an exempt project.
1 - An exempt project is one which is exempt from the requirement to obtain a coastal
development permit in accordance with Section 21.81.030; and requires no village
review permit or other discretionary approvals, and includes but is not limited to:
(1) interior or Exterior improvements to existing structures which do not result in the
intensity of use of a structure; and/or
15 (2) Additions to existing structures which result in a cumulative increase of less than
10% of the internal floor area; and/or
16 (3) Changes in permitted land uses which do not require site changes, result in
increased ADT, result in increased parking requirements, or result in compatibility
17 issues or problems; and/or
(4) Landscaping on the lot unless it will result in erosion or damage to sensitive
habitat; and/or
(5) Repair or maintenance activities which are exempt from a coastal development
19 permit; and/or
(6) Activities of public utilities regulated by a government agency; and/or
on (7) A project that requires no variance of any type; and/or
(8) Demolition of a structure, unless such a demolition activity has the potential to
~, have an adverse impact on coastal resources and/or access to the coast.
(b) Nonexempt Projects. There are three types of village review permits required for
nonexempt projects. One permit for each type of development project described as
follows:
23 (1) Administrative Village Review Project. An administrative village review project is
one which involves development with an estimated permit value of less than sixty
24 thousand dollars, and requires no other discretionary approvals, except an
administrative variance within the authority of either the director of planning or the
25 director, including, but not limited to:
(A) New construction of building(s) or addition(s) to the building footprint; and/or
26 (B) Interior or exterior improvements to existing structures which result in an intensity
of use; and/or
27 (C) Provisional land uses, where a minor or major village review permit is not
required; and/or
(D) Changes in permitted land uses which result in site changes, increased ADT,
increased parking requirements, or result in compatibility issues/problems; and/or
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* (E) Signs for existing businesses or facilities; and/or
(F) Repair or maintenance activities which are not exempt projects.
2 (2) Minor Village Review Project. A minor village review project is one which does not
qualify as an administrative village review project and involves development with an
3 estimated permit value of sixty thousand dollars or more but less than one hundred
fifty thousand dollars.
4 (3) Major Village Review Project. A major village review project is one which involves
development with an estimated permit value of one hundred fifty thousand dollars or
5 more. (Ord. NS-330 § 4 (part), 1995)
21.35.085 Permit application.6 (a) An application for a Village review permit for a non-exempt development project
7 as defined in Section 21.35.080 may be made by the record owner or owners of the
property, or the authorized agent or agents for the property, on which the
development is proposed. The application shall be filed with the director upon forms
provided by the director, and shall be processed in accordance with the provisions of
Q Section 21.54.010 of this code.
" (b) If signatures of persons other than the owners of property making the application
are required or offered in support of, or in opposition to, an application, they may be
10 received as evidence of notice having been served upon them of the pending
application, or as evidence of their opinion on the pending issue, but they shall in no
11 case infringe upon the free exercise of the powers vested in the city as represented
by the Planning Commission and the City Council.
12 (c) The application shall be accompanied by a fee in the amount established by city
council resolution. No application shall be accepted or deemed accepted until the
13 appropriate fee or fees have been paid. (Ord. NS-330 § 4 (part), 1995)
21.35.090 Housing and redevelopment director action.
(a) After the application has been accepted as complete the director shall determine if
the project is exempt from the requirements of this chapter pursuant to Section
21.35.080. No permit shall be required for a project which is exempt from the
I,- requirements of this chapter.
The director shall determine the exemption based on the certified local coastal
1 _ program, including maps, categorical exclusions and other exemptions, land use
designations, zoning ordinances and the village master plan and design manual. In
granting an exemption, the director may impose such conditions as are necessary to
1 ° protect the public health, safety and welfare.
The director shall inform the applicant whether the project is exempt within ten
19 calendar days of the determination that the application is complete. The decision of
the director on all exempt determinations is final, (subject to the potential dispute
20 resolution process as provided in Section 21.81.050).
The director shall maintain a record of all determinations made on projects exempt
21 from the requirements of this chapter. The records shall include the applicant's name,
an indication that the project is located in the village area, the location of the project,
22 and a brief description of the project. The record shall also include the reason for
exemption.
23 (b) The director may approve, conditionally approve or deny administrative village
review permits for the village as defined in Section 21.35.080, subject to appeal to the
Planning Commission.
(c) After all necessary reports and recommendations have been received the director
shall transmit the application for a minor or major village review permit together with
the reports and the recommendations of the appropriate departments to the Planning
Commission for a public hearing.
2" (d) The director shall transmit to the planning commission all timely appeals on
administrative permits and administrative variances.
27 (e) The director may grant, conditionally grant or deny applications for the types of
administrative variances set forth in Section 21.51.020 of this code and in accordance
28 with the procedures provided in Chapter 21.51 of this code, except that the director
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1 and the planning commission shall serve as the appropriate approving bodies for
projects within the village review area. If the project includes other discretionary
2 approvals outside the director's authority, the director shall set the consolidated
project for public hearing by the planning commission.
3 (f) The effective date of order of a housing and redevelopment director decision and
the method for appeal of such decision shall be governed by Section 21.54.140 of this
4 code. (Ord. NS-675 § 33, 2003; Ord. NS-330 § 4 (part), 1995)
21.35.100 Planning commission action.
(a) The planning commission shall hold a public hearing on:
5 (1) Appeals of decisions made by the director on administrative village review permits
for the village area as defined in Section 21.35.080 or administrative variances;
7 (2) Minor or major village review permits; and
(3) Non-administrative variances for which the board has final decision-making
o authority pursuant to Section 21.35.130(b).
(b) For major village review projects, the commission shall consider the evidence and
by resolution report and recommend to the city council approval, conditional approval,
" or denial of the project. Such resolution shall state, among other things, the facts and
reasons why the commission determined the approval, conditional approval or denial
10 to be consistent with this chapter. The action to approve, conditionally approve or
deny is advisory to the council.
11 (c) The commission shall have sole authority to consider the evidence and by
resolution report and recommend to the city council approval, condition approval, or
12 denial of revisions to applicable chapters of the Carlsbad Municipal Code, Village
Master Plan and Design Manual and/or other policy documents specifically related to
13 activities which benefit and/or otherwise impact the Village Area. (Ord. NS-675 § 34,
2003: Ord. NS-330 § 4 (part), 1995)
14 21.35.110 Effective date of order-Appeal of Planning Commission
decision.
The effective date of the planning commission decision and method for appeal of
15 such decision shall be governed by Section 21.54.150 of this code. (Ord. NS-675 §
35, 2003: Ord. NS-506 § 2, 1999: Ord. NS-330 § 4 (part), 1995)
17 21.35.115 City Council action.
, o The city council shall hold a public hearing on:
(a) Any major village review permit for which the planning commission has filed a
report and recommendation with the city clerk; or
1" (b) Any other matter made appealable to the council by this chapter and which has
been timely appealed. (Ord. NS-330 § 4 (part), 1995)
21.35.117 Notice of public hearings.
21 Notice of any public hearing required by this chapter shall be given as provided in
Section 21.54.060(1) of this code. (Ord. NS-330 § 4 (part), 1995)
22 21.35.120 Consolidation of other permits and discretionary approvals-
23 Findings requirements.
(a) Whenever a project would require a permit or approval under the provisions of this
24 title and/or Title 20 notwithstanding this chapter, the village review permit shall be
deemed to satisfy the requirements for such permit or approval; provided, however,
25 that in considering the village review permit for said project the director, planning
commission and the city council shall apply the provisions of this chapter and the
26 provisions of this title otherwise applicable to such other permit or approval for the
project.
27 (b) Whenever a project consists only of exemption determinations and/or
administrative permits or administrative variances within the authority of either the
~R director of planning or the director, they shall be consolidated and considered by the
director, subject to appeal to the planning commission with regard to determinations
-5-
other than exemptions.
(c) If the project includes permits or other discretionary approvals outside the
2 director's administrative permit or administrative variance authority, the administrative
permit and/or administrative variance aspects shall be consolidated with the other
3 matters and submitted to the planning commission.
(d) No variance, determination of exemption or administrative, minor or major village
4 review permit shall be granted unless the decisionmaker finds, in addition to any other
findings otherwise required for the project, that the project as approved, or
5 conditionally approved is consistent with this code, the general plan, and the village
master plan and design manual. (Ord. NS-330 § 4 (part), 1995)
6 21.35.130 Variances.
7 (a) The city council may grant variances from the limits, restrictions and controls
established by this chapter for major village review permits if the commission finds
g that:
(1) Because of special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the strict application of the zone
regulation deprives such property of privileges enjoyed by other property in the vicinity
and under identical zoning classification;
(2) The variance shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the subject property
11 is located and is subject to any conditions necessary to assure compliance with this
finding;
12 (3) The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zone regulation governing the subject property;
13 (4) The variance is consistent with the general purpose and intent of the general plan
and the Carlsbad village master plan and design manual;
14 (5) In addition, in the coastal zone, that the variance is consistent with and
implements the requirements of the certified local coastal program and that the
variance does not reduce or in any manner adversely affect the protection of coastal
resources as specified in the zones included in this title, and that the variance
* s- implements the purposes of zones adopted to implement the local coastal program
land use plan.
_ (b) An application for a variance shall be processed in the same manner established
*' by this chapter for a village review permit.
(c) The planning commission may grant variances from the limits, restrictions and
controls established by this chapter for minor review projects (or otherwise
administrative projects consolidated or on appeal from a director decision), if the
19 commission makes the variance findings set forth in subsection (a) of this section.
(d) The director may grant administrative variances in accordance with Section
20 21.35.090(e), if the director makes the findings set forth in subsection (a) of this
section. (Ord. NS-675 § 36, 2003: Ord. NS-330 § 4 (part), 1995)o i 21.35.140 Compliance with other provisions of this code.
22 Projects developed pursuant to this chapter shall be subject to the provisions of the
village master plan and design manual and all other applicable provisions of the
23 Carlsbad Municipal Code, including but not limited to those provisions of Titles 18,19
and 20. (Ord. NS-330 § 4 (part), 1995)
24 21.35.150 Amendments.
~<. Amendments to the village master plan and design manual shall be deemed to be
amendments to this chapter; provided, however, that such amendments are
processed and noticed in a manner which meets the requirements of Chapter 21.52
2" of this code. Amendment of the village master plan and design manual by city council
resolution, with a recommendation from the planning commission shall be deemed to
27 satisfy the requirements of Chapter 21.52 of this code, provided all other
requirements are met. (Ord. NS-330 § 4 (part), 1995)
28
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Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the
2 Village outside of the Coastal Zone. For areas of the Village within the Coastal Zone, this ordinance is
3 not effective until approved by the Executive Director and/or California Coastal Commission.
4
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INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council and Housing
and Redevelopment Commission of the City of Carlsbad, California, held on the 23rd day of June. 2009
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the day of , 2009, by the following vote, to wit:
AYES:
NOES:
ABSENT:
Approved as to form and legality
Ronald R. Ball, City Attorney
CLAUDE A. LEWIS, CHAIRMAN
ATTEST:
LORRAINE M. WOOD, City Clerk
-8-
Exhibit "Y"
(dated 3/30/09)
1 ORDINANCE NO. CS-038
2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING SECTION
4 21.41.010 OF CARLSBAD MUNICIPAL CODE SECTION CHAPTER
21.41 (SIGN ORDINANCE) TO ADD/REMOVE LANGUAGE FROM
5 SECTION 21.41.010 OF CHAPTER 21.41 THAT REFERS TO THE
CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN
6
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
7 AMENDMENTS
CASE NO:
8
The City Council, does ordain as follows:
Section I: That section 21.41.010 of Chapter 21.41 of the Carlsbad Municipal Code is
i - amended to read as follows:
12 Chapter 21.41 SIGN ORDINANCE
13 21.41.010 Applicability.
14 21.41.010 Applicability.
The provisions of this chapter shall apply generally to all zones established by this title. Properties and
15 Uses in the village review (VR) zone are regulated first by the sign standards of the Carlsbad village
master plan and design manual, and then, to the extent not covered by said master plan and design
16 manual, by the provisions of this chapter. Signs on public property, both within the village review zone and
other zones, are controlled by city council policy.
17
In those areas of the city where master plan or specific plan sign standards or sign programs were
18 adopted by ordinance as special zoning regulations, those sign standards or sign programs shall apply;
however, the "substitution" provisions of this chapter, section 21.41.025(2), shall apply to such programs
19 and plans.
20 All other sign programs that were approved prior to the effective date of this chapter, but not by ordinance,
are subject only to the "substitution" provisions of this chapter (section 21.41.025(2)), except that if any
21 such sign program is proposed for amendment to increase overall sign area allowed, then the sign
program must be amended to conform with all development and design standards of this chapter.
79 Except as noted in the preceding paragraph, a sign, as defined in this chapter, may be affixed, erected,
constructed, placed, established, mounted, created or maintained only in conformance with the standards,
23 procedures and other requirements of this chapter. The standards regarding number and size of signs
regulated by this chapter are maximum standards, unless otherwise stated. (Ord. NS-606 § 1 (part), 2001)24
25
26
27
28
Section 2. This ordinance shall be effective thirty days after its adoption for all areas of the
2 Village outside the Coastal Zone. The ordinance will not become effective in the Coastal Zone until
3 approved by the Executive Director and/or California Coastal Commission.
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INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council of the City of
2 Carlsbad and Housing and Redevelopment Commission held on the 23rd day of June. 2009
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
4 Carlsbad on the day of , 2009, by the following vote, to wit:
5
AYES:
6
NOES:
7
ABSENT:8
9
10
Approved as to form and legality
12
13 Ronald R. Ball, City Attorney
14
15
CLAUDE A. LEWIS, CHAIRMAN
16
17
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21
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Exhibit "Z"
(dated 3/30/09)
1 ORDINANCE NO. CS-039
2 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF
3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY AMENDING CARLSBAD
4 MUNICIPAL CODE CHAPTER 21.81 (COASTAL DEVELOPMENT
PERMITS-VILLAGE DEVELOPMENT AREA) TO ADD/REMOVE
5 LANGUAGE FROM CHAPTER 21.81 THAT REFERS TO THE
CARLSBAD VILLAGE REDEVELOPMENT AREA PLAN
6
CASE NAME: VILLAGE MASTER PLAN AND DESIGN MANUAL
7 AMENDMENTS
CASE NO:
8
The City Council, does ordain as follows:
,Q Section I: That Chapter 21.81 of the Carlsbad Municipal Code is amended to read as
j ^ follows:
12 Chapter 21.81 COASTAL DEVELOPMENT PERMITS-VILLAGE REVIEW
13 Z°NE
21.81.010 Definitions.
14
21.81.020 Permit required.
21.81.030 Development exempt from coastal development permit procedures.
21.81.035 Repair and maintenance activities requiring a coastal development permit.
17 21.81.040 Application.
18 21.81.050 Duties of housing and redevelopment director-Exemptions-Emergencv permits.
19 21.81.055 Administrative coastal development permits.
20 21.81.060 Transmittal to Planning Commission.
21.81.070 Planning commission action.21
21.81.080 Effective date of order-Appeal of Planning Commission decision.
22
21.81.090 City council action.
23 21.81.100 Public hearings.
21.81.110 Appeals to coastal commission.
25 21.81.115 Coastal development permits issued by the Coastal Commission.
26 21.81.120 Notice of final local action.
27 21.81.130 Effective date of permit.
~0 21.81.140 Review of recorded documents./o
21.81.150 Applications for emergency permits.
2 21.81.160 Expiration of coastal permits.
3 21.81.165 Amendment to coastal development permit.
4 21.81.010 Definitions.
(a) Coastal Zone. "Coastal zone" means that portion of the Carlsbad coastal zone
5 located within the area of the city described in the Carlsbad village master plan and
design manual and shown on the map entitled Carlsbad Village segment of Carlsbad
6 Coastal Zone dated and on file in the offices of Housing and Redevelopment
and City Clerk.
7 (b) Coastal Commission. "Coastal Commission" means the California Coastal
Commission.
(c) Development. "Development" means on land, in or under water, the placement or
erection of any solid material or structure; discharge or disposal of any dredged
material or of any gaseous, liquid, solid or thermal waste; grading, removing,
dredging, mining or extraction of any materials; change in the density or intensity of
use of land, including but not limited to, subdivision pursuant to the subdivision map
act and any other division of land, including lot splits, except where the land division is
brought about in connection with the purchase of such land by a public agency for
public recreational use; change in the intensity of use of water, or of access thereto;
construction, reconstruction, demolition or alteration of the size of any structure,
12 including any facility of private, public or municipal utility, and the removal or
harvesting of major vegetation other than for agricultural purposes, kelp harvesting,
13 and timber operations which are in accordance with a timber harvesting plan
submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973
14 (commencing with Section 4511). As used in this section, "structure" includes, but is
not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone
5 line, and electric power transmission and distribution line.
(d) Major Energy Facility. "Major energy facility" means any energy facility as defined
by Public Resources Code Section 30107 and exceeding one hundred thousand
dollars in estimated cost of construction.
i 7 (e) Major Public Works Project. "Major public works project" means any public works
project as defined by Title 14 California Code of Regulations Section 13012 and
exceeding one hundred thousand dollars in estimated cost of construction. (Amended
during 2-04 supplement; Ord. NS-675 §§ 78 (part), 2003; Ord. NS-330 § 6 (part),
19
1995>
21.81.020 Permit required.
20 Unless a development is exempt from coastal development permit procedures
pursuant to Section 21.81.030, no development shall occur in the coastal zone
21 without a permit having first been issued according to the provisions of this chapter.
(Ord. NS-330 § 6 (part), 1995)
22 21.81.030 Development exempt from coastal development permit
23 procedures.
(a) Categorical Exclusions.
24 (1) A permit issued for a development which is categorically excluded from the
coastal development permit requirements pursuant to California Public Resources
25 Code Section 30610, shall be exempt from the requirement of this chapter.
(2) The city council may designate by resolution, after a public hearing, categories of
25 development which have no potential for any significant adverse effect, either
individually or cumulatively, on coastal resources or on public access to, or along the
coast. Development which has been so designated shall be categorically exempt from
the provisions of this chapter. The designation of any categorical exemption shall not
be effective until the exemption has been approved by the Coastal Commission. The
housing and redevelopment director and planning director shall keep a record of all
-2-
-"• permits issued for categorically exempt projects as specified in subsection (a)(1) of
this section.
2 (b) Exempt Projects. In addition to those projects categorically excluded pursuant to
subsection (a), the following projects are exempt from the requirements of a coastal
3 development permit:
(1) Improvements to existing single-family residential building except:
4 (A) On a beach, wetland or seaward of the mean high tide line where the residence or
proposed improvement would encroach within fifty feet of the edge of a coastal bluff;
5 (B) On property located between the sea and the first public road paralleling the sea
or within three hundred feet of the inland extent of any beach or of the mean high tide
6 of the sea where there is no beach, whichever is the greater distance, or in significant
scenic resources areas as designated by the commission or regional commission,
7 improvement that would result in an increase of ten percent or more of internal floor
area of an existing structure or an additional improvement of ten percent or less
o where an improvement to the structure had previously been undertaken pursuant to
Public Resources Code Section 10610(a), or an increase in height by more than ten
percent of an existing structure and/or any significant nonattached structure such as
" garages, fences, shoreline protective works or docks;
(C) Any significant alteration of land forms including removal or replacement of
10 vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a
coastal bluff except as provided in subsection (b)(3) of this section.
11 For the purposes of this section an existing single-family residential building shall
include all appurtenances and other accessory structures, including decks, directly
12 attached to the residence; accessory structures or improvements on the property
normally associated with residences, such as garages, swimming pools, fences,
13 storage sheds but not including guest houses or self-contained residential units;
landscaping on the lot.
14 (2) Improvements to existing structures other than a single-family residence or public
works facility except:
i 5 (A) On a beach, wetland, stream or lake; seaward of the mean high tide line; where
the structure or improvement would encroach within fifty feet of the edge of the
1 ,- coastal bluff;
(B) On property located between the sea and the first public road paralleling the sea
or within three hundred feet of the inland extent of any beach or of the mean high tide
1' of the sea where there is no beach, whichever is the greater distance, any
improvement that would result in an increase of ten percent or more of internal floor
18 area of an existing structure or an additional improvement of ten percent or less
where an improvement to the structure had previously been undertaken pursuant to
19 Public Resources Code Section 10610(a), or an increase in height by more than ten
percent of an existing structure and/or any significant non-attached structure such as
20 garages, fences, shoreline protective works or docks;
(C) Any improvement which changes the intensity of use of a structure; and
21 (D) Any significant alteration of land forms including removal or placement of
vegetation on a beach, wetland, or sand dune, or within one hundred feet of the edge
22 °fa coastal bluff or stream except as provided in subsection (b)(3) of this section.
(3) The following improvements are exempt from the requirements of a coastal permit
23 regardless of location:
(A) Landscaping on the lot unless the landscaping could result in erosion or damage
~4 to sensitive habitat areas;
(B) Additions resulting in a cumulative increase of less than ten percent of the internal
floor area of an existing structure;
25 (C) Repair or maintenance activities not described in Section 21.81.035;
(D) Activities of public utilities as specified in the repair, maintenance and utility hook-
26 up exclusion adopted by the Coastal Commission, September 5,1978, and as
modified from time to time. (Ord. NS-330 § 6 (part), 1995)
27 21.81.035 Repair and maintenance activities requiring a coastal
23 development permit.
-3-
(a) The following repair and maintenance activities require a coastal development
permit because they involve a risk of substantial adverse environmental impact:
2 (1) Any method of repair or maintenance of a seawall, revetment, bluff retaining wall,
breakwater, groin, culvert, outfall, or similar shoreline work that involves:
3 (A) Repair or maintenance involving substantial alteration of the foundation of the
protective work including pilings and other surface or subsurface structures;
4 (B) The placement, whether temporary or permanent, of rip-rap, artificial berms of
sand or other beach materials, on a beach or in coastal waters, streams, wetlands,
5 estuaries and lakes or on a shoreline protective work except for agricultural dikes
within enclosed bays or estuaries;
6 (C) The replacement of twenty percent or more of the materials of an existing
structure with materials of a different kind; or
7 (D) The presence, whether temporary or permanent, of mechanized construction
equipment or construction materials on any sandy area or bluff or within twenty feet of
~ coastal waters or streams.
(2) Any method of routine maintenance dredging that involves:
(A) The dredging of one hundred thousand cubic yards or more within a twelve-month
" period;
(B) The placement of dredged spoils of any quantity within an environmentally
10 sensitive habitat area, on any sand area, within fifty feet of the edge of a coastal bluff
or environmentally sensitive area, or within twenty feet of coastal waters or streams;
11 or
(C) The removal, sale or disposal of dredged spoils of any quantity that would be
12 suitable for beach nourishment in an area the commission has declared by resolution
to have a critically short sand supply that must be maintained for protection of
13 structures, coastal access or public recreational use.
(3) Any repair or maintenance to facilities or structures or work located in an
14 environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a
coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal
i c waters or streams that include:
(A) The placement or removal, whether temporary or permanent, of rip-rap, rocks,
1 fi sand or other beach materials or any other forms of solid materials;
(B) The presence, whether temporary or permanent, of mechanized equipment or
construction materials. All repair and maintenance activities governed by the above
1' provisions shall be subject to the permit regulations promulgated pursuant to the
California Coastal Act of 1976, including, but not limited to, the regulations governing
18 administrative and emergency permits. The provisions of this section shall not be
applicable to those activities specifically described in the document entitled repair,
19 maintenance, and utility hook-ups, adopted by the Coastal Commission on
Septembers, 1978.
20 (b) Unless destroyed by natural disaster, the replacement of fifty percent or more of a
seawall,
21 revetment, bluff retaining wall, breakwater, groin, or similar protective work under one
ownership is not repair and maintenance under Section 30610(d) but instead
22 constitutes a replacement structure requiring a coastal development permit. (Ord. NS-
330 §6 (part), 1995)
23 21.81.040 Application.
24 Application for a coastal development permit shall be made in accordance with the
procedures set forth in this section.
(a) An application for a permit may be made by the record owner or owners of the
25 property affected or the authorized agent of the owner or owners. The application
shall be filed with the director upon forms provided by the director and shall be
26 processed in accordance with Section 21.54.010 of this code.
(b) At the time of filing the application the applicant shall pay a processing fee in an
27 amount specified by city council resolution.
(c) If signatures of persons other than the owners of property making the application
28 are required or offered in support of, or in opposition to, an application, they may be
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1 received as evidence of notice having been served upon them of the pending
application, or as evidence of their opinion on the pending issue, but they shall in no
2 case infringe upon the free exercise of the powers vested in the city as represented
by the planning commission and the city council.
3 The application shall be accompanied by a fee in the amount established by city
council resolution. No application shall be accepted or deemed accepted until the
4 appropriate fee or fees have been paid.
(d) Whenever the development would require a permit or approval under the
5 provisions of this title, notwithstanding this chapter, the application shall include
sufficient information to allow review of such permit or approval. Application for all
5 permits or approvals under this title and the coastal permit may be consolidated into
one application.
7 (e) The director may require that the application contain a description of the feasible
alternatives to the development or mitigation measures which will be incorporated into
o the development to substantially lessen any significant effect on the environment
which may be caused by the development. (Ord. NS-330 § 6 (part), 1995)
9 21.81.050 Duties of housing and redevelopment director-Exemptions-
Emergency permits.
(a) After the application has been accepted as complete the director shall determine if
the project is exempt from the requirements of this chapter pursuant to Section
21.81.030. No permit shall be required for a project which is exempt from the
requirements of this chapter.
12 The director shall maintain a record of all determinations made on projects exempt
from the requirements of this chapter. The records shall include the applicant's name,
13 an indication that the project is located in the coastal zone, the location of the project,
and a brief description of the project. The record shall also include the reason for
14 exemption.
The director shall determine the exemption based on the certified local coastal
15 program, including maps, categorical exclusions and other exemptions, land use
designations and zoning ordinances.
The director shall inform the applicant whether the project is exempt (and whether in
the "appealable area," if not exempt) within ten calendar days of the determination
that the application is complete. The written notice to the applicant shall include
advice that, if dissatisfied with the determination, the applicant (or director) can
request the opinion of the Coastal Commission's executive director in accordance
1 ° with 14 Code of California Regulations Section 13569.
(b) The director may issue emergency permits in accordance with Section 21.81.150.
19 (Ord. NS-330 § 6 (part), 1995)
20 21.81.055 Administrative coastal development permits.
(a) The director may issue all coastal development permits related to administrative
21 village review permits and administrative variances as defined in Sections 21.35.070
and 21.35.090(e) of this code. The coastal development permit shall be processed
22 concurrently with the administrative village review permit. If the project includes
permits or other discretionary approvals outside the director's administrative permit
23 authority, the administrative permit aspects shall be consolidated with the other
matters and submitted to the planning commission in accordance with Section
24 21.81.060.
(b) If the project is in the non-appealable area of the coastal zone, the director shall
give notice of pending development approval in writing, within ten calendar days after
the application is complete, as follows:
2 , (1) Contents. The notice shall include all the matters required by 14 Code of
California Regulations Section 13568 (b), including statement of a public comment
period of at least ten calendar days sufficient to receive and consider comments
submitted by mail prior to the date established for the decision.
(2) Recipients. The notice shall be sent by first class mail to:
28 (A) Any person requesting to be on the mailing list for the project or for coastal
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decisions; and
(B) All property owners and residents within one hundred feet of the project perimeter;
2 and
(C) The Coastal Commission.
3 (c) The director may approve, approve with conditions, or deny the permit. The
decision shall be based upon the requirements of, and shall include specific factual
4 findings supporting whether the project is or is not in conformity with, the certified
local coastal program (and, if applicable, with the public access and recreation
5 policies of Chapter 3 of the Coastal Act).
(d) The director's decision shall be the final local action and shall be made in writing.
The date of the decision shall be the date the writing containing the decision or
determination is mailed or otherwise delivered to the person or persons affected by
the decision or determination. The director shall give notice of the final local decision
in accordance with Section 21.81.120 of this code.
(e) The effective date of the director's decision and the method for appeal of such
decision shall be governed by Section 21.54.140 of this code. The director shall give
notice of final local decision on the appeal in accordance with Section 21.81.120.
" (f) If the project is within the appealable area of the coastal zone, the director shall
give notice of a public hearing to be held before the director to consider said
0 application in accordance with Section 21.81.100. The notice shall contain the
matters and be mailed at the time and in the manner required by 14 CCR Section
11 13565. The director shall conduct the public hearing generally in the same manner as
a public hearing before the planning commission.
12 Following the public hearing before the director, the director shall issue a written
notice of the decision in the same manner and to the same persons as for a non-
13 appealable area decision set forth in subsections (c) and (d) of this section. The
director's decision may be appealed in writing to the planning commission in the
14 same manner as for non-appealable area decision set forth in subsection (e) of this
section. The director shall give notice of the final local decision in accordance with
Section 21.81.120.
(g) If the project does not qualify for an exemption, an administrative permit or an
emergency permit then the director shall set the matter for a public hearing before the
planning commission. The coastal permit may be set for hearing concurrently with
any other discretionary permit or approval for the project. (Ord. NS-675 § 66, 2003;17 Ord. NS-330 § 6 (part), 1995)
13 21.81.060 Transmittal to planning commission.
Unless the development is exempt, qualifies for an emergency permit, or qualifies for
19 an administrative village review/coastal development permit, the director shall
transmit the application, together with a recommendation thereon, to the planning
20 commission and give notice for public hearing thereon in accordance with Sections
21.54.060(1), 21.54.061, and, if applicable, 21.54.070 when all necessary reports and
21 processes have been completed. An application for a coastal permit may be
considered in conjunction with any other discretionary permit or approval required for
22 the project. (Ord. NS-330 § 6 (part), 1995)
21.81.070 Planning commission action.23 After a public hearing the planning commission may approve, conditionally approve or
24 deny the application, unless the application includes a major village review permit. If
the application includes a major village review permit, the commission's action shall
_ , be a recommendation to the city council. No recommendation for approval, approval
or conditional approval shall be given unless the planning commission finds that the
development is consistent with the provisions of the local coastal program for the
26 coastal zone and, if applicable, in conformity with the public access and public
recreation policies of Chapter 3 of the California Coastal Act. (Ord. NS-330 § 6 (part),
27 1995)
28
21.81.080 Effective date of order-Appeal of planning commission
decision.
(a) The effective date of the planning commission's decision and the method for
appeal of such decision shall be governed by Section 21.54.150 of this code.
(b) The decision of the city council shall be consistent with the provisions of this
chapter and shall be supported by appropriate findings.
(c) If the development for which a coastal development permit also requires other
5 discretionary permits or approvals for which the planning commission is not given
final approval authority, then the planning commission action on the coastal
6 development permit shall be deemed a recommendation to the city council. (Ord. NS-
675 § 67, 2003: Ord. NS-506 § VIII, 1999; Ord. NS-330 § 6 (part), 1995)
7 21.81.090 City Council action.
8 If the application for the coastal development permit is for a major village
review/coastal development, is consolidated with other discretionary permits or
9 approvals, pursuant to this code for which the planning commission does not have
final approval authority, or is a timely appeal, the city council shall hold a public
10 hearing on the coastal development permit application. At the public hearing, the city
council shall consider the planning commission's action or recommendation, shall
consider the evidence presented at the public hearing, review the matter, and shall
approve, conditionally approve or disapprove the coastal development permit,
2 approval or appeal. No approval or conditional approval shall be given unless the city
council finds that the development is consistent with the provisions of the Carlsbad
, -, village master plan and design manual as certified by the Coastal Commission and
which constitute the local coastal program, and, if applicable, with the public access
. and recreation policies of Chapter 3 of the Coastal Act. The decision of the city
14 council is final. (Ord. NS-330 § 6 (part), 1995)
15 21.81.100 Public hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be
16 given as provided in Sections 21.54.060(1) and 21.54.061 of this code. When the
hearing on a coastal development permit is consolidated with the hearing on a
17 tentative map, notice shall satisfy the requirements of both this chapter and Title 20 of
this code. (Ord. NS-330 § 6 (part), 1995)
1 8 21.81.110 Appeals to coastal commission.
19 (a) The following developments, due to their type or location, are within the appeal
jurisdiction of the Coastal Commission. Only decisions approving a coastal
20 development permit for these developments are appealable to the Coastal
Commission, unless otherwise noted. Exhaustion of all local appeals must occur
2} before an application may be appealed to the commission. Areas subject to appeal
jurisdiction are shown on the post LCP certification map which is on file in the
planning department.
(1) Developments on property located between the sea and the first public road
paralleling the sea or within three hundred feet of the inland extent of any beach or of
the mean high tide of the sea where there is no beach, whichever is the greater
distance.
24 (2) Developments on property located within three hundred feet of the top of the
seaward face of any coastal bluff, or within one hundred feet of any wetland, estuary
25 or stream.
(3) Any decision approving or denying a development which constitutes a major public
26 works project or a major energy facility.
(b) The appeal shall be filed at the local district office not later than twenty working
27 days after the date of the receipt of the noticed final local action by that district office.
No city permit shall be issued or deemed approved until an appeal, if any, to the
28 Coastal Commission has been resolved.
(c) Non-appealable Development. Decisions on applications for developments which
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are not of the type described above are not appealable to the Coastal Commission.
Decisions denying any Coastal Act permit for an appealable development described
2 above are not appealable to the Coastal Commission with the exception of decisions
on major public works projects and major energy facilities. (Ord. NS-330 § 6 (part),
3 1995)
21.81.115 Coastal development permits issued by the Coastal
Commission.
5 The Coastal Commission shall have original jurisdiction for all coastal development
permits for development on tidelands, submerged lands and public trust lands,
6 whether filled or unfilled. Such lands are specified as the area of "original jurisdiction"
of the Coastal Commission pursuant to Public Resources Code Section 30519(b),
7 and are shown on the post LCP certification map which is on file in the planning
department. The applicant for any project which requires a coastal development
permit issued by the Coastal Commission shall obtain discretionary approvals
required by this code prior to filing an application with the Coastal Commission for
said coastal development permit. (Ord. NS-330 § 6 (part), 1995)
21.81.120 Notice of final local action.
Within seven working days of a final local action on an application for any coastal
development, or any approval which occurs by operation of law, the director shall
provide notice of the action by first class mail to the Coastal Commission and to any
persons who specifically requested notice of such final action by submitting an
2 addressed, stamped envelope to the city. Such notice shall include any conditions of
approval and written findings and, if the matter is appealable to the Coastal
13 Commission, procedures for appeal of the local action to the Coastal Commission.
(Ord. NS-330 § 6 (part), 1995)
14 21.81.130 Effective date of permit.
15 Coastal development permits for projects which are not appealable to the Coastal
Commission shall be valid upon the mailing of the notice of final local action unless
the notice of final local action does not comply with the requirements of Section
21.81.120. Coastal development permits for projects which are appealable to the
I 7 Coastal Commission shall be valid upon the expiration of twenty working days from
the date of receipt at the local district office of the notice of final local action provided
, g that the notice complies with the requirements of Section 21.81.120 and, further
provided, that an appeal of the decision has not been filed with the Coastal
Commission. (Ord. NS-330 § 6 (part), 1995)
21.81.140 Review of recorded documents.
20 (a) All coastal development permits subject to conditions that require the recordation
of deed restrictions, offers to dedicate or agreements imposing restrictions on real
property shall not be effective until completion of the following procedures:
(1) The city council shall review, revise if necessary, and accept the easement or
land;
(2) The city clerk shall record the requisite legal documents;
23 (3) The city clerk, upon recordation of the documents, shall forward a copy of the
permit conditions, findings of approval, the legal documents pertaining to the public
24 access and open space conditions, and a statement as to which private association,
public agency or city department shall be responsible for the operation and
25 maintenance of the accessway or open space/conservation area, to the executive
director of the Coastal Commission.
26 (b) All coastal development permits subject to conditions of approval pertaining to
public access and open space or conservation easements shall be subject to review
27 and approval by the executive director of the Coastal Commission.
(1) Upon completion of permit review by the city and prior to the issuance of the
28 permit, the city shall forward a copy of the permit conditions and findings of approval
and copies of the legal documents to the executive director of the Coastal
•*• Commission for review and approval of the legal adequacy and consistency with the
requirements of potential accepting agencies;
2 (2) The executive director of the Coastal Commission shall have fifteen working days
from receipt of the documents in which to complete the review and notify the applicant
3 of recommended revisions if any;
(3) The city may issue the permit upon expiration of the fifteen working day period if
4 notification of inadequacy has not been received by the city within that time period;
and
5 (4) If the executive director has recommended revision to the applicant, the permit
shall not be issued until the deficiencies have been resolved to the satisfaction of the
executive director. (Ord. NS-330 § 6 (part), 1995)
7 21.81.150 Applications for emergency permits.
_ (a) Applications in case of emergency shall be made by letter to the director or in
person or by telephone, if time does not allow. Emergency means a sudden,
unexpected occurrence demanding immediate action to prevent or mitigate loss or
damage to life, health, property, or essential public services.
10 (b) The following information shall be included in the request:
11 (1) Nature of the emergency;
12 (2) Cause of the emergency, insofar as this can be established;
\ 3 (3) Location of the emergency;
14 (4) The remedial, protective or preventive work required to deal with the emergency;
and
(5) The circumstances during the emergency that appeared to justify the cause(s) of
action taken, including the probable consequences of failing to take action.16
(c) The director shall verify the facts, including the existence and the nature of the
emergency, insofar as time allows.
18 (d) The director shall provide public notice of the emergency work, with the extent and
type of notice determined on the basis of the nature of the emergency.
19
(e) The director may grant an emergency permit upon reasonable terms and
20 conditions, including an expiration date and the necessity for a regular permit
application later, if the director finds that:
21 (1) An emergency exists that requires action more quickly than permitted by the
22 procedures for administrative permits or for regular permits and the work can and will
be completed within thirty days unless otherwise specified by the terms of the permit;
(2) Public comment on the proposed emergency action has been reviewed, if time
allows; and
(3) The work proposed would be consistent with the requirements of the certified land
use plan.
(f) The director shall report, in writing, to the planning commission, at its first
26 scheduled meeting after the emergency permit has been issued, the nature of the
emergency and the work involved. Copies of this report shall be available at the
27 meeting and shall be mailed to all persons who have requested such notification in
writing. The report of the director shall be informational only; the decision to issue an
28 emergency permit is solely at the discretion of the director subject to the provisions of
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this chapter.
2 (g) Any request for an emergency permit within the Coastal Commission area of
original jurisdiction as defined in Section 21.81.115 shall be referred to the Coastal
3 Commission for review and issuance. (Ord. NS-330 § 6 (part), 1995)
4 21.81.160 Expiration of coastal permits.
A coastal development permit shall expire on the latest expiration date applicable to
any other permit or approval required for the project, including any extension granted
for other permits or approvals, but in no event shall this period exceed five years
without extension of time, if a building permit has not been issued for the project.
Should the project require no permits or approvals other than a coastal development
7 permit, the coastal development permit shall expire one year from its date of approval
if a building permit has not been issued for the project during that time.
8
Not more than ninety or less than forty-five days prior to the expiration of a coastal
9 development permit the permittee may apply to the planning commission for an
extension of the permit. The application for an extension shall be processed pursuant
to the provisions of Sections 21.81.070, 21.81.100 and 21.81.110 of this chapter. An
extension shall be approved only if it is found that there has been no change of
i i circumstances in relation to coastal resources since the original granting of the
permit. If the planning commission finds that there has been a change of
circumstances in relation to coastal resources since the original granting of the permit
the application for the extension shall be denied or conditionally approved. The
decision of the planning commission may be appealed pursuant to the provisions of
Section 21.81.080. If a complete application for an extension has been timely filed,
the planning commission or the city council on appeal may grant the extension after
14 the expiration date provided that the final decision is made not later than forty-five
days after the expiration date. (Ord. NS-330 § 6 (part), 1995)
21.81.165 Amendment to coastal development permit.
16 An amendment to a coastal development permit issued by the city shall be processed
in the same manner as an original application for a coastal development permit. (Ord.
17 NS-330 §6 (part), 1995)
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Section 2. This ordinance shall be effective upon approval by the Executive Director and/or
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1 INTRODUCED AND FIRST READ at a Joint Special Meeting of the City Council and Housing
2 and Redevelopment Commission of the City of Carlsbad on the 23rd day of June, 2009
3 PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City
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of Carlsbad, California, held on the day of , 2009, by the following vote to
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wit:
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AYES:
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NOES:8
ABSENT:
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12 Approved as to form and legality
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Ronald R. Ball, City Attorney
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CLAUDE A. LEWIS, Mayor
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19 ATTEST:
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21 LORRAINE M. WOOD, City Clerk
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