HomeMy WebLinkAbout2026-04-28; City Council; 07; Proposed code amendments to Carlsbad Municipal Code Chapter 11.16 clarifying the regulation of the temporary storage and staging of construction equipment and materials wCA Review CDS
Meeting Date: April 28, 2026
To: Mayor and City Council
From: Geoff Patnoe, City Manager
Staff Contact: Jeff Murphy, Deputy City Manager, Community Services
jeff.murphy@carlsbadca.gov, 442-339-2783
Subject: Proposed code amendments to Carlsbad Municipal Code Chapter 11.16
clarifying the regulation of the temporary storage and staging of
construction equipment and materials within the city’s public right-of-
way and public property
Districts: All
Recommended Action
Introduce an ordinance amending provisions of Chapter 11.16 clarifying the regulation of the
temporary storage and staging of construction equipment and materials within the city’s public
right-of-way or on public property.
Executive Summary
Staff are proposing amendments to the city’s Municipal Code that will increase flexibility and
provide clarity in allowing temporary storage and staging of construction equipment and materials
within the city’s public right-of-way and public property for city related construction or
maintenance projects.
This item is being brought to the City Council because only the City Council has the authority to
make changes to the Carlsbad Municipal Code.
Explanation & Analysis
Background
In general terms, the public right-of-way is an improved or unimproved area where streets and
sidewalks are typically located and controlled by the city for public utility or access purposes.
Chapter 11.16 of the Carlsbad Municipal Code establishes the requirements and steps to allow for
work or encroachments within the public right-of-way and the Community Development
Department, namely the Land Development Engineering division, is charged with issuing right-of-
way permits to allow public and private improvements within that right-of-way. Once these
permits are issued, the Construction Management & Inspection division in the Public Works
Branch inspects the work and ensures improvements are constructed to plan.
Common types of improvements and uses that receive a right-of-way permit include installation,
repair and replacement of various utilities such as sewer, water, gas, electricity and wireless
services, road repair and maintenance projects, and capital improvement projects.
April 28, 2026 Item #7 Page 1 of 13
Temporary Construction Staging & Storage
Public construction and maintenance projects often require space to store and stage necessary
equipment and materials. For small projects, staging areas can usually be safely located within the
public right-of-way near the work site. However, for larger or longer-duration projects like road
maintenance and pipeline projects, staging within the same right-of-way is not always practical. In
these cases, staging is often better located on a nearby public street or nearby public property.
As currently written, the city’s Municipal Code does not provide a clear mechanism to allow for
these alternative temporary staging areas.
The proposed amendments introduce a new term, “Temporary Construction Support Use,” which
is defined as the temporary staging and/or storage in the public right-of-way or on public property
of tools, materials, equipment and construction assembly operations in connection with an
authorized public construction project. Following the issuance of a right-of-way permit, temporary
construction support uses will be allowed within the public right-of-way and on public property,
subject to certain standards:.
• Only developed or disturbed public property1 may be used.
• Public property (a particular site or stretch of public road) may be used for city-initiated
construction projects2 no more than three times per year, with each use not to exceed 60
consecutive calendar days unless authorized by the City Engineer.
• Temporary perimeter screening and security fencing shall be installed.
• Use must comply with city construction operating hours and stormwater standards.
• The tools, materials, equipment and construction assembly operations shall be removed,
and the site restored and/or repaired to the satisfaction of the City Engineer before final
approval of the construction project.
The proposed changes to the Municipal Code are shown in Exhibit 2.
Fiscal Analysis
There is no direct fiscal impact associated with developing the proposed code amendments, or for
its implementation.
Next Steps
Once the proposed ordinance amending the Municipal Code is introduced by the City Council, the
City Clerk’s Office will prepare the ordinance for adoption at the next regular City Council meeting.
Once adopted, the ordinance will be effective 30 days following its adoption.
1 Public property is limited to those lands owned by the city and its subsidiary district (i.e., the
Carlsbad Municipal Water District).
2 Public construction projects are limited to those projects located within the city and initiated or
funded by a majority vote of the City Council or a majority vote of the City Council acting as the
Board of Directors for a municipal district.
April 28, 2026 Item #7 Page 2 of 13
Environmental Evaluation
The proposed action that is being considered is covered by the general rule under California
Environmental Quality Act, or CEQA, Guidelines 15061(b)(3), where the activity is covered by the
commonsense exemption that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. The proposed action seeks to amend Carlsbad Municipal
Code Section 11.16 to clarify existing language and codify longstanding city practices.
Exhibits
1. Ordinance
2. Proposed changes to Municipal Code
April 28, 2026 Item #7 Page 3 of 13
Exhibit 1
ORDINANCE NO. CS-514 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING PROVISIONS OF CHAPTER 11.16 CLARIFYING THE
REGULATION OF THE TEMPORARY STORAGE AND STAGING OF
CONSTRUCTION EQUIPMENT AND MATERIALS WITHIN THE CITY’S PUBLIC
RIGHT-OF-WAY OR ON PUBLIC PROPERTY
WHEREAS, the public right-of-way is an improved or unimproved area where streets and
sidewalks are generally located and controlled by the city for utility or access purposes; and
WHEREAS, the Carlsbad Municipal Code, specifically Chapter 11.16, establishes the permitting
and processing requirements to authorize improvements or encroachments within the public right-of-
way; and
WHEREAS, the City Council recognizes the need to allow construction materials and equipment
associated with authorized public improvement projects to be stored and staged in areas that are safe,
accessible and physically separate from where the improvements are occurring to avoid potential
conflicts; and
WHEREAS, the City Council is willing to allow temporary construction storage and staging areas
in the public right-of-way or on publicly owned property so long as the storage and staging area is
associated with an authorized construction or maintenance project and will not cause health and safety
issues; and
WHEREAS, the City Council recognizes that amendments to Chapter 11.16 are necessary to
provide needed specificity, clarification and guidance to authorize temporary construction storage and
staging of within the public right-of-way or on public property.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
SECTION I: The above recitations are true and correct.
SECTION II: The proposed action that is being considered is covered by the general rule
under California Environmental Quality Act, or CEQA, Guidelines 15061(b)(3), where the activity is
covered by the commonsense exemption that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. The proposed action seeks to amend Carlsbad
Municipal Code Section 11.16 to clarify existing language and codify longstanding city practices.
SECTION III: Carlsbad Municipal Code Section 11.16.020 is hereby amended to read as
follows:
April 28, 2026 Item #7 Page 4 of 13
§11.16.020 Definitions.
For the purpose of this chapter, the following words, terms and phrases shall have the following
meanings as set out in this section:
"City Engineer" means the City Engineer or designee.
"Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand
or building, or any structure or object of any kind or character not particularly mentioned in this
definition, which is placed in, under or over any portion of a public place.
"Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap,
vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor,
cable, junction box, transformer or any other material structure or object of any kind or character,
whether enumerated in this definition or not which is constructed, left, placed or maintained in, upon,
along, across, under or over any public place.
"Improvement plans" means the construction plans, prepared by a civil engineer, in accordance with
city standards for the purpose of describing a public improvement to be constructed, repaired,
rehabilitated and/or otherwise installed in a public place. The term may also be used to mean the
construction plans, prepared by a civil engineer, in accordance with city standards for the purpose of
describing a private improvement to be constructed, repaired, rehabilitated and/or otherwise installed
on private property or in a public easement or right-of-way.
"Plans" means the document developed and approved by the City Engineer describing the nature and
extent of works proposed to be constructed or carried out on a public place.
"Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way,
park, square, plaza or other similar public property owned or controlled by the city and dedicated to
public use.
"Public property" means all land located within the corporate limits of the city to which the city holds
the present right of possession and control. The definition also includes facilities and properties owned
or operated by the city or its subsidiary district.
“Public right-of-way" means any public street, sidewalk, easement, or similar public property owned or
controlled by the city and dedicated to public use.
"Specification" means the Standard Specifications for Public Works Construction (current edition
including supplements) written and promulgated by Southern California Chapter American Public
April 28, 2026 Item #7 Page 5 of 13
Works Association and Southern California District Associated General Contractors or California Joint
Cooperative Committee and published by Building News Incorporated, or such other specifications
noted on approved plans.
"Standard drawings" means the "standard drawings" of the City of Carlsbad, adopted and revised by
the City Engineer and the most recently adopted San Diego Area Regional Standard Drawings.
“Temporary Construction Support Use” means the temporary staging and/or storage on public
property of tools, materials, equipment, and construction assembly operations in connection with a
permitted or authorized public construction or maintenance project.
In addition to the above defined words, terms and phrases, the definition of words, terms and phrases,
as described in Chapter 15.04, shall apply to this chapter.
SECTION IV: Carlsbad Municipal Code Section 11.16.050 is hereby amended to read as
follows:
§11.16.050 Permits – Required.
No person shall do any of the following acts without first obtaining a valid right-of-way permit:
A.Make or cause to be made any excavation or opening, fill or obstruction in, over, along, on,
across or through any public place for any purpose whatsoever;
B.Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter, curb with
integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter, wheelchair ramp,
A.C. dike, or any other work of any nature covered by the city standard drawings or city policy within a
public place; or place, change, renew an encroachment in, over, along or across or through any street
right-of-way or public place excepting, however, for or in connection with the installation of poles, guys
and anchors constructed for use under franchise for public utility purposes where such poles, guys and
anchors do not interfere with or lie within 10 feet of existing improvements;
C.Place any banner over, across, on, or along any public place;
D.Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub, or flower growing within
any public place excepting necessary pruning or trimming to protect persons or property;
E.Construct or modify or cause to be constructed or modified, any storm drain or conveyor of
drainage waters and appurtenant items within a public place;
F.Modify, alter or deface any block wall on or adjacent to public places;
April 28, 2026 Item #7 Page 6 of 13
G.Engage in any traffic-control operations in such a fashion as to affect any public place while
constructing, demolishing or maintaining any facility;
H.Enter onto or exit from any public place at any location not approved and constructed as a
driveway;
I.Install marquees, awnings and building mounted signs which obtrude into a public place;
J.Engage in any Temporary Construction Support Use within the public right-of-way or on public
property.
SECTION V: Carlsbad Municipal Code Section 11.16.095 is hereby added to read as follows:
§11.16.095 Permits— Standards for Temporary Construction Support Uses.
A.A Temporary Construction Support Use shall be subject to the following standards when located
within the public right-of-way or on public property.
1.Temporary Construction Support Use must be associated with and run concurrently with an
authorized public construction or maintenance project.
2.Only developed or legally disturbed property may be used for Temporary Construction
Support Use. Use of property with existing protected or sensitive habitat is prohibited.
3.Public property may only be used for Temporary Construction Support Use under the
following conditions:
a.Only public construction or maintenance projects that have been approved or funded
by a majority vote of the City Council or a majority vote of the City Council acting as the Board of
Directors of a municipal utility district may use public property for Temporary Construction Support
Use.
b.The public construction or maintenance project that will be served by Temporary
Construction Support Use shall be entirely located within the city boundaries.
c.Public property site or portion of public right-of-way may be used for Temporary
Construction Support Use no more than three times per calendar year, with each use not to exceed
60 consecutive days, unless otherwise authorized by the City Engineer.
d.Temporary perimeter screening and security fencing shall be installed and maintained
for the duration of the Temporary Construction Support Use.
4.Compliance with the construction operating hours specified under Section 8.48.010 of this
code.
April 28, 2026 Item #7 Page 7 of 13
5.Compliance with all stormwater standards and requirements specified in Chapter 15.12 of
this code.
6.Upon completion, the Temporary Construction Support Use shall be removed, and the site
shall be restored to the satisfaction of the City Engineer.
7.Compliance with any modified or additional specific requirements or conditions deemed
necessary to ensure the health, safety, and welfare of the public during the use.
SECTION VII: Carlsbad Municipal Code Section 11.16.130 is hereby amended to read as
follows:
§11.16.130 Right-of-way permit fees.
A.Right-of-way permit fees shall be charged by the city for the processing of a right-of-way
application and the issuance of a right-of-way permit. The fee shall be established by resolution of the
City Council and is for the purpose of defraying the cost of processing an application, issuing the
requested right-of-way permit, inspection of works completed under the right-of-way permit and other
costs of administrating this chapter.
B.The City Council may impose by resolution a fee that will be applied towards the use of public
property for Temporary Construction Support Use.
April 28, 2026 Item #7 Page 8 of 13
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 28th
day of April, 2026, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the __ day of ________, 2026, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
April 28, 2026 Item #7 Page 9 of 13
AMENDMENTS TO CMC CHAPTER 11.16 – PROPOSED CHANGES . Exhibit 2
SECTION III: Carlsbad Municipal Code Section 11.16.020 is hereby amended to read
as follows:
§ 11.16.020 Definitions.
For the purpose of this chapter, the following words, terms and phrases shall have the following
meanings as set out in this section:
"City Engineer" means the City Engineer or designee, who is the Deputy City Engineer, land
development engineering.
"Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard,
stand or building, or any structure or object of any kind or character not particularly mentioned
in this definition, which is placed in, under or over any portion of a public place.
"Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service,
trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line,
anchor, cable, junction box, transformer or any other material structure or object of any kind or
character, whether enumerated in this definition or not which is constructed, left, placed or
maintained in, upon, along, across, under or over any public place.
"Improvement plans" means the construction plans, prepared by a civil engineer, in accordance
with city standards for the purpose of describing a public improvement to be constructed,
repaired, rehabilitated and/or otherwise installed in a public place. The term may also be used
to mean the construction plans, prepared by a civil engineer, in accordance with city standards
for the purpose of describing a private improvement to be constructed, repaired, rehabilitated
and/or otherwise installed on private property or in a public easement or right-of-way.
"Plans" means the document developed and approved by the City Engineer describing the
nature and extent of works proposed to be constructed or carried out on a public place.
"Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-
way, park, square, plaza or other similar public property owned or controlled by the city and
dedicated to public use.
"Public property" means all land located within the corporate limits of the city to which
the city holds the present right of possession and control. The definition also includes facilities
and properties owned or operated by the city or its subsidiary district.
April 28, 2026 Item #7 Page 10 of 13April 28, 2026 Item #7 Page 10 of 13
AMENDMENTS TO CMC CHAPTER 11.16 – PROPOSED CHANGES .
“Public right-of-way" means any public street, sidewalk, easement, or similar public property
owned or controlled by the city and dedicated to public use.
"Specification" means the Standard Specifications for Public Works Construction (current
edition including supplements) written and promulgated by Southern California Chapter
American Public Works Association and Southern California District Associated General
Contractors or California Joint Cooperative Committee and published by Building News
Incorporated, or such other specifications noted on approved plans.
"Standard drawings" means the "standard drawings" of the City of Carlsbad, adopted and
revised by the City Engineer and the most recently adopted San Diego Area Regional Standard
Drawings.
“Temporary Construction Support Use” means the temporary staging and/or storage on public
property of tools, materials, equipment, and construction assembly operations in connection
with a permitted or authorized public construction or maintenance project.
In addition to the above defined words, terms and phrases, the definition of words, terms and
phrases, as described in Chapter 15.04, shall apply to this chapter.
SECTION IV: Carlsbad Municipal Code Section 11.16.050 is hereby amended to read
as follows:
§11.16.050 Permits – Required.
No person shall do any of the following acts without first obtaining a valid right-of-way permit:
A. Make or cause to be made any excavation or opening, fill or obstruction in, over, along,
on, across or through any public place for any purpose whatsoever;
B. Construct or repair or cause to be constructed or repaired any curb, sidewalk, gutter,
curb with integral gutter, drive approach, driveway, alley approach, spandrel and cross gutter,
wheelchair ramp, A.C. dike, or any other work of any nature covered by the city standard
drawings or city policy within a public place; or place, change, renew an encroachment in, over,
along or across or through any street right-of-way or public place excepting, however, for or in
connection with the installation of poles, guys and anchors constructed for use under franchise
for public utility purposes where such poles, guys and anchors do not interfere with or lie
within 10 feet of existing improvements;
April 28, 2026 Item #7 Page 11 of 13April 28, 2026 Item #7 Page 11 of 13
AMENDMENTS TO CMC CHAPTER 11.16 – PROPOSED CHANGES .
C.Place any banner over, across, on, or along any public place;
D. Plant, remove, cut, cut down, injure or destroy any tree, plant, shrub, or flower growing
within any public place excepting necessary pruning or trimming to protect persons or
property;
E. Construct or modify or cause to be constructed or modified, any storm drain or
conveyor of drainage waters and appurtenant items within a public place;
F. Modify, alter or deface any block wall on or adjacent to public places;
G. Engage in any traffic-control operations in such a fashion as to affect any public place
while constructing, demolishing or maintaining any facility;
H. Enter onto or exit from any public place at any location not approved and constructed as
a driveway;
I. Install marquees, awnings and building mounted signs which obtrude into a public
place.;
J. Engage in any Temporary Construction Support Use within the public right-of-way or on
public property.
SECTION V: Carlsbad Municipal Code Section 11.16.095 is hereby added to read as
follows:
§ 11.16.095 Permits— Standards for Temporary Construction Support Uses.
A. A Temporary Construction Support Use shall be subject to the following standards when
located within the public right-of-way or on public property.
1. Temporary Construction Support Use must be associated with and run concurrently
with an authorized public construction or maintenance project.
2. Only developed or legally disturbed property may be used for Temporary Construction
Support Use. Use of property with existing protected or sensitive habitat is prohibited.
3. Public property may only be used for Temporary Construction Support Use under the
following conditions:
April 28, 2026 Item #7 Page 12 of 13April 28, 2026 Item #7 Page 12 of 13
AMENDMENTS TO CMC CHAPTER 11.16 – PROPOSED CHANGES .
a. Only public construction or maintenance projects that have been approved or
funded by a majority vote of the City Council or a majority vote of the City Council acting as
the Board of Directors of a municipal utility district may use public property for Temporary
Construction Support Use.
b. The public construction or maintenance project that will be served by Temporary
Construction Support Use shall be entirely located within the city boundaries.
c. Public property site or portion of public right-of-way may be used for Temporary
Construction Support Use no more than three times per calendar year, with each use not to
exceed 60 consecutive days, unless otherwise authorized by the City Engineer.
d. Temporary perimeter screening and security fencing shall be installed and
maintained for the duration of the Temporary Construction Support Use.
4. Compliance with the construction operating hours specified under Section 8.48.010 of
this code.
5. Compliance with all stormwater standards and requirements specified in Chapter
15.12 of this code.
6. Upon completion, the Temporary Construction Support Use shall be removed, and the
site shall be restored to the satisfaction of the City Engineer.
7. Compliance with any modified or additional specific requirements or conditions
deemed necessary to ensure the health, safety, and welfare of the public during the use.
SECTION VII: Carlsbad Municipal Code Section 11.16.130 is hereby amended to read
as follows:
§ 11.16.130 Right-of-way permit fees.
A.Right-of-way permit fees shall be charged by the city for the processing of a right-of-way
application and the issuance of a right-of-way permit. The fee shall be established by resolution
of the City Council and is for the purpose of defraying the cost of processing an application,
issuing the requested right-of-way permit, inspection of works completed under the right-of-
way permit and other costs of administrating this chapter.
B. The City Council may impose by resolution a fee that will be applied towards the use of
public property for Temporary Construction Support Use.
April 28, 2026 Item #7 Page 13 of 13April 28, 2026 Item #7 Page 13 of 13
From:Diane Nygaard
To:City Clerk
Subject:Comments on # 7 Temporary Storage/Staging of Construction Equipment on City Owned Land
Date:Friday, April 24, 2026 9:41:38 AM
Honorable Mayor and City Council
This sounds like a common sense change, but is one that could have a lot of unintended
consequences. We are also concerned about the use of public land for storage/stagingfor private projects. This ordinance does not address that but it also occurs and ordinance
changes are needed to clearly prohibit that. or provide proper guidelines if it is to be allowed.
The city of course has been doing this kind of temporary storage/staging for years withoutproper authorization through code changes like those now being proposed so this is a step in
the right direction..
A few issues that need to be addressed before this is finalized:
- Requirement to avoid direct and indirect impacts to sensitive habitat and wildlife movementcorridors
- Requirement for compliance with all stormwater regulations
- Notice to and consideration of input from any adjacent neighborhood.
- Following completion, require return to pre-project conditions or better.
- A key concern is how repetitive use for temporary projects in fact becomes a permanent
condition for such parcels. There should be language that establishes limits for suchtemporary uses so they do not in fact become permanent.
Thank you for considering our comments.
Diane Nygaard
On Behalf of Preserve Calavera
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All Receive - Agenda Item #_____
For the Information of the:
CITY COUCNIL
Date: ___________ CA ____ CC____ CM ____ ACM ____ DCM (3) ____
7
4/27/2026 x x x x x
Item No. 7
Temporary Construction Staging
for Public Projects
Jeff Murphy, Deputy City Manager
Tom Frank, City Engineer/Transportation Director
April 28, 2026
2
BACKGROUND
Item No. 7 – Construction Staging
•Staging/construction typical in
same ROW for smaller projects
•Staging/construction in same
ROW for larger projects/longer
duration projects not always
feasible
•Alternative staging location
needed
3
Item No. 7 – Construction Staging
•Current code provides no clear
mechanism for allowance
•Proposed code changes define
temporary construction staging
•May only be used when
associated with a city approved
public construction project
PROPOSED CODE AMENDMENT
4
PROPOSED CODE AMENDMENT
Item No. 7 – Construction Staging
•Only allowed on developed/legally
disturbed areas
•No more than three times per
year/60 days per project
•Compliance with construction
hours/stormwater standards
•Staging area restored after use
5
RECOMMENDATION
Staff recommends approval of the proposed
code amendments for the reasons specified
in the staff report and this presentation
Item No. 7 – Construction Staging