HomeMy WebLinkAbout2026-05-12; City Council; 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 ST...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:
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§ 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
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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;
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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.
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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.
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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 12th day of May, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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