Carlsbad City Zoning Code
CHAPTER 21
80 COASTAL DEVELOPMENT PERMITS-AGUA HEDIONDA
§ 21.80.010 Definitions.
The coastal zone is defined as the Agua Hedionda segment of the Carlsbad coastal zone and shown on the map entitled "Agua Hedionda segment of the Carlsbad Coastal Zone," dated January 26, 1983, and on file in the planning division.
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.
means any energy facility as defined by Public Resources Code Section 30107 and exceeding fifty thousand dollars in estimated cost of construction.
means any public works project as defined by Title 14 California Administrative Code Section 13012 and exceeding fifty thousand dollars in estimated cost of construction.
(Ord. 9670 § 1, 1983; Ord. NS-675 § 79, 2003; amended during 2-04 supplement; Ord. CS-164 § 11, 2011)
§ 21.80.020 Permit required.
No development shall occur in the coastal zone without a permit having first been issued according to the provisions of this chapter.
(Ord. 9670 § 1, 1983)
§ 21.80.030 Development exempt from coastal development permit procedures.
(a)
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. The City Planner shall maintain a record of all permits issued for categorically excluded development. 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.
(b)
The following developments are within the original permit jurisdiction of the Coastal Commission pursuant to California Public Resources Code Section 30600.5(b). Consequently, they are exempt from the requirements of this chapter:
(1)
Developments 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 line of the sea where there is no beach, whichever is the greater distance;
(2)
Developments located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of the seaward face of any coastal bluff;
(3)
Any development which constitutes a major public works project or a major energy facility;
(5)
Any development proposed by any state agency. Applications for these developments must be made directly with the Commission.
(Ord. 9670 § 1, 1983; Ord. NS-675 § 78, 2003; Ord. CS-164 § 10, 2011)
§ 21.80.040 Application.
Application for a permit 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 City Planner upon forms provided by the Planner. The application shall be accompanied by adequate plans which allow for detailed review pursuant to this chapter, a legal description of the property and all other materials and information specified by the Director.
(b)
At the time of filing the application the applicant shall pay a processing fee in an amount specified by City Council resolution.
(c)
Unless the property has previously been legally subdivided and no further subdivision is required the application shall be accompanied by a tentative map which shall be filed with the Director in accordance with procedures set forth in Chapter 20.12 of this code. If the project contains four or less lots or units, the application shall be accompanied by a tentative parcel map which shall be filed with the City Engineer in accordance with procedures set forth in Chapter 20.24 of this code.
(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 City Planner 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. 9670 § 1, 1983; Ord. NS-675 § 78, 2003; Ord. CS-164 § 10, 2011)
§ 21.80.050 Duties of City Planner.
(a)
After the application has been accepted as complete the City Planner shall determine if the project is exempt from the requirements of this chapter pursuant to Section 21.80.030. The Planner shall give notice of a determination of exemption to all persons specified in Section 21.80.160. The cost of providing this notice shall be included in the fee paid by the applicant.
(b)
The City Planner shall approve, conditionally approve or deny permits for projects qualifying for administrative approval pursuant to Section 30624 of the state Public Resources Code; providing, however, that an administrative permit shall not be issued for any development which must be reviewed by the Coastal Commission pursuant to Sections 30579(b) and 30601 of the Public Resources Code.
(c)
The City Planner shall issue all emergency permits.
(d)
If the Planner determines that the matter does not qualify for an exemption or an administrative or emergency permit, then the Planner shall set the matter for public hearing before the Planning Commission. The coastal permit may be set for hearing at the same time as any other permit for the project.
(Ord. 9670 § 1, 1983; Ord. NS-675 §§ 63, 78, 2003; Ord. CS-164 § 10, 2011)
§ 21.80.060 Transmittal of Planning Commission.
Unless the application is exempt or qualifies for an administrative or emergency permit, the Director shall transmit the application, together with a recommendation thereon, to the Planning Commission for public hearing 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 required for the project.
(Ord. 9670 § 1, 1983)
§ 21.80.070 Planning Commission action.
After a public hearing the Planning Commission may approve, conditionally approve or deny the application. No approval or conditional approval shall be given unless the Planning Commission finds: (1) that the development is consistent with the provisions of the Agua Hedionda land use plan; and (2) will not conflict with the development of permanent ordinances and procedures for implementation of the Agua Hedionda local coastal program.
(Ord. 9670 § 1, 1983)
§ 21.80.080 Effective date of order-Appeal of Planning Commission decision.
(a)
The effective date of the decision of the Planning Commission and method for appeal of such decision shall be governed by Section 21.54.150 of this code.
(b)
If the development for which a coastal development permit also requires other discretionary approvals for which the Planning Commission is not given final approval authority, then the Planning Commission action on the coastal development permit shall be deemed a recommendation to the City Council.
(Ord. 9670 § 1, 1983; Ord. NS-356 § 6, 1996; Ord. NS-506 § 7, 1999; Ord. NS-675 § 64, 2003)
§ 21.80.090 City Council action.
If the review of the coastal development is consolidated with other reviews pursuant to this code for which the Planning Commission does not have final approval authority, the City Council shall hold a public hearing on the coastal permit. At the public hearing, the City Council shall review the Planning Commission's decision, shall consider the matter and shall approve, conditionally approve or disapprove the permit. The City Council shall not approve or conditionally approve or disapprove the permit unless it finds that the project is consistent with the Agua Hedionda land use plan and that approval or conditional approval will not conflict with the development of permanent ordinances and procedures for implementation of the Agua Hedionda local coastal program. The decision of the City Council is final.
(Ord. 9670 § 1, 1983)
§ 21.80.100 Public hearings.
Whenever a public hearing is required by this chapter, notice of the hearing shall be given as provided in Section 21.54.060(1) 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. In addition to the persons required to be notified pursuant to Section 21.54.060(1) or Title 20, notice shall be given to all persons who have previously requested notice of development permits within the coastal zone. The list of persons requesting such notice shall be updated annually.
(Ord. 9670 § 1, 1983)
§ 21.80.110 Appeals to Coastal Commission.
(a)
Any final action taken by the city on a coastal development permit application, or any permit approval which occurs by operation of law, may be appealed to the Coastal Commission by any person, the Executive Director or any two members of the Commission pursuant to Public Resources Code Section 30602. Exhaustion of all local appeals must occur before an application may be appealed to the Commission.
(b)
The appeal shall be filed not later than thirty days after the date of the final local action.
(Ord. 9670 § 1, 1983)
§ 21.80.120 Notice of final local action.
Within five working days of a final local action on an application for any coastal development, or any approval which occurs by operation of law, the City Planner shall provide notice of the action by first class mail to the 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 the procedures for appeal of the local action to the Commission.
(Ord. 9670 § 1, 1983; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011)
§ 21.80.130 Effective date of permit.
The coastal development permit shall be valid upon the expiration of thirty days from the date of the final local action unless an appeal to the Commission has been filed or the notice of final local action does not comply with the requirements of Section 21.80.110.
(Ord. 9670 § 1, 1983)
§ 21.80.140 Review of recorded documents.
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 be subject to the following procedures:
(a)
The Executive Director of the Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit that are necessary to find the development consistent with the land use plan.
(b)
The Executive Director of the 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.
(c)
The local government may issue the permit upon expiration of the fifteen-working-day period if notification of inadequacy has not been received by the local government within that time period.
(d)
If the Executive Director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director.
(Ord. 9670 § 1, 1983)
§ 21.80.150 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. 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 the project has not been commenced during that time.
(Ord. 9670 § 1, 1983)
§ 21.80.160 Administrative permits procedures.
(a)
An applicant requesting an administrative permit shall so indicate at the time the application is filed.
(b)
Notice than an administrative permit has been issued shall be given to the public and shall also be given to all organizations and individuals who have previously requested such notice. The public notice shall be given by at least one of the following procedures:
(1)
Publication at least one time in a newspaper of general circulation in the city;
(2)
Posting for not less than ten days on and off site in the area where the project is located;
(3)
Direct mailing to owners of property within three hundred feet of the project as such owners are shown on the latest equalized assessment roll.
(c)
Approval or conditional approval of an administrative permit may be given only if the City Planner makes the findings specified in Section 21.80.070. Any application for a development deemed a principal permitted use within the meaning of Section 30624 of the Public Resources Code may be issued an administrative permit under this chapter only if the development is specifically categorized as the principal permitted use in the certified land use plan unless specifically set forth in Section 30624 of the Public Resources Code.
(d)
The effective date of any decision of the Director pursuant to this section and method for appeal of such decision shall be governed by Section 21.54.140 of this code. The appeal shall be considered by the Planning Commission in accordance with the provisions of this chapter for any other application.
(e)
Notice of the Director's decision on an administrative application shall be mailed to the applicant within five days of the dates of the decision. The applicant may appeal the decision as provided in subsection (d).
(f)
Amendments to administrative permits may be considered on the same criteria and under the same procedures as original applications pursuant to this section.
(Ord. 9670 § 1, 1983; Ord. NS-675 §§ 65, 78, 2003; Ord. CS-164 § 10, 2011)
§ 21.80.170 Applications for emergency permits.
(a)
Applications in case of emergency shall be made by letter to the City Planner 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.
(g)
The Director shall report, in writing, to the Coastal Commission through its Executive Director and to the City Council, at its first scheduled meeting after the emergency permit has been issued, the nature of the emergency and the work involved. The report of the Director shall be informational only; the decision to issue an emergency permit is solely at the discretion of the Director subject to the provisions of this section. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing. If at that meeting, one-third of the City Council so request, the permit issued by the Director shall not go into effect and the application for a coastal development permit shall be processed in due course in accordance with the procedures set forth in Chapter 21.80.
(Ord. 9670 § 1, 1983; Ord. NS-675 § 78, 2003; Ord. CS-054 § 3, 2009; Ord. CS-164 § 10, 2011)
§ 21.80.180 Termination.
The provisions of this chapter shall be effective until such time as the ordinances and other acts necessary to implement the Agua Hedionda local coastal program are adopted, at which time this chapter shall be superseded by the chapter establishing the permit procedures.
(Ord. 9670 § 1, 1983)
§ 21.80.190 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.
(Ord. 9670 § 1, 1983)