Carlsbad City Zoning Code
CHAPTER 21
201 COASTAL DEVELOPMENT PERMIT PROCEDURES
§ 21.201.010 Purpose.
This chapter establishes the permit procedures for developments located in the coastal zone. This chapter is based on the local coastal program implementation regulations adopted by the California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 30333, and as such shall constitute the minimum procedural requirements for review of developments in the coastal zone pursuant to Public Resources Code Section 30600(d).
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.015 Applicability.
This chapter shall apply to development within the coastal zone, with the exception of the Agua Hedionda Lagoon segment of the Carlsbad Local Coastal Program.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.020 Definitions.
means any person who, in person or through a representative, appeared at a public hearing of the city in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the city of the nature of his or her concerns or who for good cause was unable to do either.
means any use allowed by right which does not require a public hearing or any discretionary or nondiscretionary permit of the approving authority.
means in accordance with Public Resources Codes Section 30603(a), any of the following:
Developments approved by the local government 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.
Developments approved by the local government not included within subsection (C)(1) of this section 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.
Any development which constitutes a major public works project or a major energy facility. The phrase "major public works project or a major energy facility" as used in Public Resources Code Section 30603(a)(5) and its regulations shall mean any proposed public works project, as defined by Section 13012 of the Coastal Commission Regulations, (Title 14 California Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Code Section 30107.
means any person who may file an appeal and includes an applicant, any aggrieved person or any two members of the Coastal Commission.
means the person, partnership, corporation, state or local government agency applying for a coastal development permit.
means a development (upon request of the city, public agency or other person) which the City Planner has determined pursuant to Section 21.201.060(C) of this code to have no potential for significant adverse effect on coastal resources or access and, therefore, has issued an exclusion.
means the coastal zone of the city as described in the Public Resources Code Section 30103.
means the California Coastal Commission.
means the city officer, Planning Commission or council approving a coastal development permit.
means the Executive Director of the Coastal Commission.
means the city's land use plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
means any energy facility as defined by Public Resources Code Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction.
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.
means any use allowed by right which does not require a public hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the approving authority.
means permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.030 Requirements for minor coastal development permits and coastal development permits.
Except as provided in Section 21.201.060 below, any applicant wishing to undertake a development (defined in Section 21.04.107) in the coastal zone shall obtain a minor coastal development permit or coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a minor coastal development permit or coastal development permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the decision-making authority, provided that the minimum requirements as specified herein are assured.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.050 Determination of applicable procedures.
A.
The City Planner shall determine whether a development is exempt or categorically excluded from the requirements of this chapter, or is nonappealable or appealable to the Coastal Commission. This determination shall be made with reference to the certified local coastal program, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as part of the certified local coastal program.
B.
The City Planner 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 or if there is a question regarding the determination, the applicant (or City Planner) may request the opinion of the Coastal Commission's Executive Director in accordance with 14 Code of California Regulations Section 13569.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.060 Exemptions and categorical exclusions from minor coastal development permit and coastal development permit procedures.
A.
For the purposes of subsection (B)(1) of this section, an existing single-family residential building shall include:
1.
All appurtenances and other accessory structures, including decks, directly attached to the residence;
2.
Accessory structures or improvements on the property normally associated with residences, such as garages, swimming pools, fences and storage sheds, and junior accessory dwelling units and accessory dwelling units that are attached to or converted from the existing space of a primary residence or attached accessory structure, but not including guest houses or self-contained residential units that are detached from an existing single-family residential building;
3.
Landscaping on the lot.
B.
Exemptions. The following projects are exempt from the requirements of a minor coastal development permit and coastal development permit:
1.
Improvements to an existing single-family residential building, except:
a.
On a beach, wetland or seaward of the mean high tide line;
b.
Where the residence or proposed improvement would encroach in an environmentally sensitive habitat area or within fifty feet of the edge of a coastal bluff;
c.
Improvements 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 California Public Resources Code Section 30610(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, and such improvements are on property located:
i.
Between the sea and the first public road paralleling the sea,
ii.
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
iii.
In significant scenic resources areas as designated by the Commission;
d.
Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edge of a coastal bluff except as provided in subsections (B)(8), (B)(9), (B)(10) and (B)(11) of this section;
e.
Expansion or construction of water wells or septic systems;
f.
Improvements to establish an accessory dwelling unit that is attached to the primary residence, or converted from the existing space of a primary residence or attached accessory structure or a junior accessory dwelling unit within a one-family dwelling where such primary residence or attached accessory structure is nonconforming with respect to habitat preserve buffers or geologic stability setbacks in the certified local coastal program.
2.
Improvements to existing structures other than a single-family residence or public works facility, except:
a.
On a beach, wetland, lake or stream or seaward of the mean high tide line;
b.
Where the structure or improvement would encroach within fifty feet of the edge of the coastal bluff;
c.
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;
d.
Any improvement that would increase by ten percent or more the internal floor area of an existing structure, or any additional improvement where an improvement to the structure had previously been undertaken pursuant to Public Resources Code Section 30610(b), or this section, and the cumulative increase of the improvements is ten percent or more;
e.
An increase in height by more than ten percent of an existing structure, including any significant detached accessory structure, such as garages, fences, shoreline protective structures or docks;
f.
Any improvement which changes the intensity of use of a structure;
g.
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 subsections (B)(8), (B)(9), (B)(10) and (B)(11) of this section;
h.
Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative, conversion or motel/hotel timesharing conversion;
i.
Expansion or construction of water wells or septic systems.
3.
Occupancy permits.
4.
Harvesting of agricultural crops or other agriculturally related activities specifically defined as permitted uses in the applicable zone, which require no other permits and approvals of the decision-making authority, and are thereby allowable uses herein.
5.
Fences for farm or ranch purposes.
6.
Water wells, well covers, pump houses, water storage tanks of less than ten thousand gallons capacity and water distribution lines, including up to one hundred cubic yards of associated grading, provided such water facilities are used for onsite agriculturally-related purposes only.
7.
Water impoundments located in drainage areas not identified as blue line streams (dashed or solid) on USGS 7½ minute quadrangle maps, provided such impoundments do not exceed twenty-five acre feet in capacity.
8.
Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board.
9.
Landscaping on the lot unless the landscaping could result in erosion or damage to sensitive habitat areas.
10.
Repair or maintenance activities not described in Section 21.201.070 of this chapter.
11.
Activities of public utilities as specified in the repair, maintenance and utility hookup exclusion adopted by the Coastal Commission, September 5, 1978, and as modified from time to time.
C.
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 requirements of this chapter.
2.
The City Council may designate by resolution, after a public hearing, categories of development that 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 excluded from the provisions of this chapter. The designation of any categorical exclusion shall not be effective until the categorical exclusion order has been approved by the Coastal Commission.
3.
The City Planner shall keep a record of all permits issued for such categorically excluded projects.
D.
Notice of Categorically Excluded or Exempt Developments. A permit issued by the city for a development which is categorically excluded or exempt from the coastal development permit requirements, shall be exempt from the notice and hearing requirements of this chapter. The city shall maintain a record for all permits issued for categorically excluded or exempt developments which shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the city; provided, that such record includes the applicant's name, the location of the project, and brief description of the project.
(Ord. CS-178 § CXXIX, 2012; Ord. CS-324 § 24, 2017; Ord. CS-330 § 4, 2018; Ord. CS-384 § 27, 2020)
§ 21.201.070 Repair and maintenance activities requiring a coastal development permit.
A.
All repair and maintenance activities governed by the provisions of this subsection shall be subject to the permit regulations of the California Coastal Act, including, but not limited to, the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code Section 30700, unless so provided elsewhere in these regulations. The provisions of this section shall not be applicable to those activities specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Coastal Commission on September 5, 1978.
B.
The following repair and maintenance activities require a coastal development permit because they involve a risk of substantial adverse impact to coastal resources or access.
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, or any other forms of solid 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 Coastal 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, or 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:
C.
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 Public Resources Code Section 30610(d), but instead constitutes a replacement structure requiring a coastal development permit.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.080 Minor coastal development permits and coastal development permits.
A.
Application and Fees.
1.
Applications for minor coastal development permits and coastal development permits 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:
a.
Be made in writing on a form provided by the City Planner.
b.
State fully the circumstances and conditions relied upon as grounds for the application.
c.
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 City Planner.
2.
At the time of filing the application the applicant shall pay the application fee contained in the most recent fee schedule adopted by City Council.
3.
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 City Planner 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.
4.
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 development permit may be consolidated into one application.
5.
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.
B.
Notices and Hearings.
1.
Notice of an application for a minor coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.B and 21.54.061 of this title, except that the notice of a minor coastal development permit for an accessory dwelling unit shall not allow for the ability to request an administrative hearing.
2.
Notice of an application for a coastal development permit shall be given pursuant to the provisions of Sections 21.54.060.A and 21.54.061 of this title.
C.
Decision-Making Authority.
1.
Minor Coastal Development Permits.
a.
The City Planner may approve, conditionally approve or deny minor coastal development permits for:
i.
Development that costs less than sixty thousand dollars;
ii.
Accessory dwelling units (no discretionary approval shall be required for accessory dwelling units);
iii.
Projects that require a minor site development plan, minor conditional use permit, or minor variance, pursuant to the Village and Barrio master plan.
b.
The City Planner may approve or conditionally approve a minor coastal development permit, if the development complies with the following criteria:
i.
The development is consistent with the certified local coastal program as defined in Section 30108.6 of the Coastal Act.
ii.
The development requires no discretionary approvals other than a minor coastal development permit.
iii.
The development has no adverse effect individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
c.
The City Planner's decision shall be based upon his or her review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the administrative hearing, if one is conducted pursuant to the provisions of Section 21.54.060.B.2 of this title.
d.
The City Planner may approve or conditionally approve a minor coastal development permit if he or she finds that the project complies with the certified local coastal program and, if applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act. If the project is an accessory dwelling unit, the City Planner shall additionally find that the project complies with the provisions of Section 21.10.030 of this title.
2.
Coastal Development Permits.
a.
The Planning Commission may approve, conditionally approve, or deny a coastal development permit for development in the coastal zone that is not subject to subsection C.1 of this section.
b.
The Planning Commission's decision shall be based upon its review of the facts as set forth in the application, of the circumstances of the particular case, and evidence presented at the public hearing.
(Ord. CS-178 § CXXIX, 2012; Ord. CS-324 § 2, 2017; Ord. CS-334 § 14, 2018)
§ 21.201.090 Announcement of decision and notice of final local government action.
A.
When a decision on a minor coastal development permit or coastal development permit is made pursuant to this chapter, the decision-making authority shall announce its decision in writing:
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.120 Effective date and appeal.
A.
City Planner decisions on minor coastal development permits shall become effective unless appealed in accordance with the provisions of Section 21.54.140 of this title, except that decisions to approve minor coastal development permits for accessory dwelling units shall not be appealable to the Planning Commission or City Council.
B.
Planning Commission decisions on coastal development permits shall become effective unless appealed in accordance with the provisions of Section 21.54.150 of this title.
C.
Decisions that may be appealed to the Coastal Commission.
1.
A decision on a minor coastal development permit or coastal development permit made pursuant to this chapter, and which is appealable to the Coastal Commission pursuant to Section 21.201.130 of this chapter, shall become effective on the tenth working day following the Coastal Commission's receipt of the notice of final local government action provided pursuant to Section 21.201.090 of this chapter, unless:
a.
An appeal is filed with the Coastal Commission in accordance with the Coastal Commission's regulations;
b.
The notice of final local government action does not meet the requirements of Sections 21.201.090.A.2 and 21.201.160;
c.
The notice of final local government action is not received in the Coastal Commission office and/or distributed to interested parties in time to allow for the ten working day appeal period.
2.
Where any of the circumstances in subsections 21.201.120.C.1.a through 21.201.120.C.1.c occur, the Commission shall, within five calendar days of receiving notice of that circumstance, notify the city and applicant that the effective date of the city action has been suspended.
(Ord. CS-178 § CXXIX, 2012; Ord. CS-324 § 2, 2017)
§ 21.201.130 Developments appealable to the 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. Areas subject to appeal jurisdiction are shown on the post LCP certification map which is on file in the planning division.
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.
Development 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.
Developments approved by the city not included within subsections A and B of this section which are located in a sensitive coastal resource area.
4.
Any decision approving or denying a development which constitutes a major public works project or a major energy facility.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.140 Exhaustion of local appeals.
A.
An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Coastal Commission's regulations and be an aggrieved person where the appellant has pursued the appeal to the appellate body (bodies) as required by the city appeal procedures; except that exhaustion of all local appeals is not required if any of the following occurs:
1.
The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the coastal zone, in the implementation section of the local coastal program;
2.
An appellant was denied the right of the initial local appeal by a local ordinance which restricts the class of persons who may appeal a local decision;
3.
An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter;
4.
The city charges an appeal fee for the filing or processing of appeals.
B.
Where the project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals. Provided, that notice of Coastal Commission appeals may be transmitted to the City Council (which considers appeals from the Planning Commission which rendered the final decision), and the appeal to the Coastal Commission may be suspended pending a decision on the merits by the City Council. If the decision of the City Council modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.
C.
The appeal to the California Coastal Commission shall be filed at the local district office no later than ten working days after the date of the receipt of the notice of final local action by the local district office. No coastal development permit shall be issued or deemed approved until an appeal, if any, to the Coastal Commission has been resolved.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.150 Public hearing on appealable developments.
At least one public hearing shall be held on each application for an appealable development, (except as provided in Section 21.201.080 for minor coastal development permits) thereby affording any persons the opportunity to appear at the hearing and inform the city of the nature of their concerns regarding the project. Such hearing shall occur no earlier than ten calendar days following the mailing of the notice required in Section 21.54.060. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons an opportunity to appear and present their viewpoints, either orally or in writing.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.160 Finality of city action.
A local decision on an application for development shall be deemed final when (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified local coastal program, that the development is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act, and that the required conditions of approval adequate to carry out the certified local coastal plan as provided in the implementing ordinances have been imposed, and (2) when all rights of appeal have been provided as defined in Sections 21.201.130 and 21.201.140.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.190 Emergency coastal development 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 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 City Planner shall verify the facts, including the existence of the nature of the emergency, insofar as time allows.
D.
The City Planner 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 City Planner finds that:
1.
An emergency exists that requires action more quickly than permitted by the procedures for minor coastal 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.
E.
The City Planner 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 City Planner shall be informational only; the decision to issue an emergency permit is solely at the discretion of the City Planner 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 City Planner 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 21.201.
F.
Any request for an emergency permit within the Coastal Commission area of original jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for review and issuance.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.200 Expiration of minor coastal development permits and coastal development permits.
The expiration period for an approved minor coastal development permit or coastal development permit shall be as specified in Section 21.58.030 of this title.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.210 Extensions.
§ 21.201.220 Permit amendment.
An approved minor coastal development permit or coastal development permit may be amended pursuant to the provisions of Section 21.54.125 of this title.
(Ord. CS-178 § CXXIX, 2012)
§ 21.201.230 Coastal development permits issued by 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 division. The applicant for any project which requires a coastal development permit issued by the Coastal Commission shall obtain all discretionary approvals required by this code prior to filing an application with the Coastal Commission for said coastal development permit.
(Ord. CS-178 § CXXIX, 2012)