HomeMy WebLinkAbout; Local Coastal Program; Local Coastal Program; 2010-03-10CITY OF CARLSBAD
LOCAL COASTAL
PROGRAM
1996
Amended 2000, 2002, 2003, 2006 and 2010
CITY OF CARLSBAD
LOCAL COASTAL
PROGRAM
Recommended for Approval by Planning Commission, June 5, 1996
Resolutions No. 3922 and 3924
Approved by City Council, July 16,1996
Ordinances No. NS 364 and NS 365
Effective Certification by Coastal Commission, October 9, 1996
Kelly Ranch LCP Amendment (Mello II)
Recommended for Approval by Planning Commission, April 7, 1999
Resolution No. 4494
Approved by City Council, May 18, 1999
Ordinance No. NS-483
Approved by Coastal Commission, July 11, 2000
***
Smith Walsh LCP Amendment (Mello I)
Recommended for Approval by Planning Commission, September 18,2002
Resolution No. 5274
Approved by City Council, January 14, 2003
Ordinance No. NS-654
Approved by Coastal Commission, June 11, 2003
***
Habitat Management Plan (Mello I, Mello II, Agua Hedionda)
Recommended for Approval by Planning Commission, January 22, 2003
Resolution No. 5361
Approved by City Council, June 17, 2003
Resolution No. 2003-154
Approved by Coastal Commission, August, 8, 2003
Agriculture Mitigation Fee Program
Recommended for Approval by Planning Commission, March, 17, 004
Resolution No. 5585
Approved by City Council, July 13, 2004
Resolution No. 2004-227
Approved by Coastal Commission, January 13, 2005
NPDES Storm water Update
Approved by City Council, May 16, 2006
Resolution No. 2006-130
Approved by Coastal Commission, August 14, 2006
Drainage Master Plan Update - LCPA 07-06
Approved by City Council, August 5, 2008
Resolution No. 2008-229
Approved by Coastal Commission, March 10,2010
City of Carlsbad, A ugust 14, 2006 Local Coastal Program
Land Use Table of Contents
TABLE OF CONTENTS
Land Use
Chapter Page
I. Introduction 1
A. The Coastal Act 1
B. The Local Coastal Program 1
C. Public Participation 3
D. History 3
II. Segment 6
II-l. Mello I Segment 6
A. Land Use Policies 6
1. Standard Pacific 6
2. Occidental Land Inc 9
3. Rancho La Costa (Hunt Properties) 13
4. Findings 25
II-2. Mello II Segment 35
A. Background 35
B. Land Use Policies 35
1. Land Use Plan .". 35
2. Agriculture : 36
3. Environmentally Sensitive Habitat 51
4. Geologic, Floodplain and Shoreline Hazard Areas 71
5. Public Works and Public Services Capacities 89
6. Recreation and Visitor - Serving Uses 89
7. Shoreline Access 91
8. Scenic and Visual Resources, Historic Resources 94
II-3. West Batiquitos Lagoon / Sammis Properties Segment 102
Background 102
A. Land Use Categories 102
B. Agricultural Lands 108
City of Carlsbad, August 14, 2006 Local Coastal Program
Land Use ____ Table of Contents
C. Grading and Erosion Control 109
D. Landscaping 112
E. Environmentally Sensitive Habitat 113
F. Public Access 113
G. Archeology 114
H. State Lands Commission Review 114
I. Master Plan Approval 114
II-4. East Batiquitos Lagoon / Hunt Properties Segment 118
A. Background 118
B. Land Use Policies 118
1. Land Use Categories 118
2. Agriculture / Planned Development 120
3. Environmentally Sensitive Habitat 120
4. Grading and Erosion Control 121
5. Landscaping 126
6. Scenic and Visual Qualities 126
7. Public Access 127
8. State Lands Commission Review 128
II-5. Agua Hedionda Lagoon Segment (NOT USED)
(AGUA HEDIONDA LAGOON SEGMENT NOT USED - AREA DEFERRED CERTIFICATION)
III. Implementation 130
NOTE: This document includes amended language and suggested modifications for:
• LCPA 97-09 (Kelly Ranch)
LCPA 90-08(B) (Smith-Walsh)
• LCPA 02-10 (BMP)
LCPA 01-15(A) (NPDES Updates)
City of Carlsbad, A ugust 14, 2006 Local Coastal Program
Land Use Table of Contents
Exhibit List
Chapter/Exhibit Page
I Introduction
1-1 Exhibit LCP Segment Boundaries 5
II-l Mello I
II-l Exhibit 3.3 Map X, Non-Prime Agricultural Land 33
11-1 Exhibit 4.2 Soil Classifications 34
II-2 Mello II
II-2 Updated Map X (Not in Use) 96
II-2 MapY Urban Land Uses 97
II-2 Exhibit 4.3 Agricultural Lands 98
11-2 Exhibit 4.5 Lots Bordering Buena Vista Lagoon 99
11-2 Exhibit 4.9 Encina Fishing Area 100
11-2 Exhibit 4.10 Access Points 101
II-3 West Batiquitos Lagoon/Sammis Properties
II-3 Map A Poinsettia Shores Master Plan 115
II-3 Map B LCP Amendment Boundary 116
11-3 MapC 117
II-4 East Batiquitos Lagoon/Hunt Properties
II-4 Exhibit-Planning Sub-Area Map 129
II-5 Agua Hedionda Lagoon Segment Area
(NOT USED - AREA OF DEFERRED CERTIFICATION)
City of Carlsbad, August 14, 2006 Local Coastal Program
Land Use — Introduction Chapter 1
I. Introduction
A. The Coastal Act
The Coastal Act of 1976 permanently established (January 1, 1977) the California Coastal
Commission and replaced Proposition 20, an initiative passed in 1972. The Coastal Commission was
initially established by the Proposition 20 initiative as an interim agency to prepare planning
documents within a four year period. By passing the Coastal Act of 1976 the State Legislature created
the mandate for preparation of Local Coastal Programs (LCP) and established the following goals:
1. Protect, maintain, and where feasible, enhance and restore the overall quality of the Coastal
Zone environment and its natural and man-made resources.
2. Assure orderly, balanced utilization and conservation of Coastal Zone resources taking into
account the social and economic needs of the people of the State.
3. Maximize public access to and along the coast and maximize public recreational
opportunities in the Coastal Zone consistent with sound resource conservation principles and
constitutionally protected rights of private property owners.
4. Assure priority for coastal-dependent development over other development on the coast.
5. Encourage State and local initiatives and cooperation in preparing procedures to implement
coordinated planning and development for mutually beneficial uses, including educational
uses, in the Coastal Zone.
The Act provides Coastal Resource Planning and Management Policies in Chapter 3 which serve as
the basis for Local Coastal Program preparation. The Legislature also pointed out that conflicts in
policy may be found in the Act and made the following clarification:
"The Legislature further finds and recognizes that conflicts may occur between one or
more policies of the division. The Legislature therefore declares that in carrying out
the provisions of this division such conflicts be resolved in a manner which on balance
is the most protective of significant coastal resources. In this context, the Legislature
declares that the broader policies which, for example, serve to concentrate
development in close proximity to urban and employment centers may be more
protective,, overall, than specific wildlife habitat and other similar resource policies."
B. The Local Coastal Program
The Coastal Act requires that its policies and provisions be implemented through preparation of a
Local Coastal Program (LCP). Local Coastal Program is defined as the following:
"... a local government's (a) land use plans, (b) zoning ordinances, (c) zoning district
maps, and (d) within sensitive coastal resources area, other implementing actions,
which when taken together, meet the requirements of, and implement the provisions
and policies of, this division at the local level."
City of Carlsbad, August 14, 2006 1 Local Coastal Program
Land Use - Introduction Chapter I
Section 30500 of the Act states:
"Each local government lying, in whole or in part, within the coastal zone shall prepare
a local coastal program for that portion of the coastal zone within its jurisdiction ..."
"The precise content of each local coastal program shall be determined by the local
government, consistent with Section 30501, in full consultation with the commission
and with full public participation."
Chapter 6, Article 2 of the Coastal Act sets forth "Procedure for Preparation, Approval and
Certification of Local Coastal Programs." All LCPs must be prepared, reviewed and certified
pursuant to this section. On certification of the LCP by the Commission, the local government will
resume full permit authority in the Coastal Zone.
The Commission will continue to exercise permit authority in State tidelands. Appeals and LCP
amendments will also be heard by the Commission. Development appeals are limited to the
following:
1. Developments approved by the local government between the sea and the first public road
paralleling the sea or within 300 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 approved by the local government not included within paragraph 1. located on
tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or
within 300 feet of the top of the seaward face of any coastal bluff.
3. Developments approved by the local government not included within paragraph 1. or 2. located
in a sensitive coastal resource area if the allegation on appeal is that the development is not in
conformity with the implementing actions of the certified local coastal program.
4. Any development approved by a coastal community that is not designated as the principle
permitted use under zoning ordinance or zoning district map.
5. Any development which constitutes a major public works project or a major energy facility.
The Commission pursuant to Section 30519.5 of the Act is also required to review periodically the
implementation of the Coastal Act through local government administration of the certified LCP. The
section states review shall take place "from time to time, but at least once every five years."
City of Carlsbad, August 14, 2006 2 Local Coastal Program
Land Use - Introduction Chapter 1
C. Public Participation
Carlsbad began "coastal planning" in the mid-1970's by undertaking land use studies with the Coastal
Commission for the Agua Hedionda Lagoon. The City and Coastal Commission agreed to conduct a
"pilot project" for coastal planning for the Agua Hedionda Lagoon area in 1976, prior to the adoption
of The Coastal Act of 1976 by the State Legislature. Although the Agua Hedionda pilot project was
complete before the "new" Coastal Act went into effect on January 1, 1977, it was agreed that
submittal of the plan should take place after this date to allow the plan to be processed as the first
Local Coastal Program. During plan preparation, 19 public hearings took place, and an additional
nine were conducted during Coastal Commission processing. Carlsbad began city-wide LCP
preparation in May of 1977.
A series of events took place during the effort to complete the Agua Hedionda "segment" and
preparation of the remaining LCP (see History section, Page 3) which led to numerous additional LCP
segments being created. In addition, a consulting firm (PRC Toups) was hired by the Coastal
Commission to prepare LCP documents. During this period numerous public hearing were conducted
by the City and consultant regarding various segments of the Carlsbad LCP. Because much of the
LCP preparation was controversial, there was extensive press coverage, and variety of workshops
relating to overall effort, as well as, segmentation.
In 1985, the Coastal Commission staff report on a major amendment for the Mello I and II segments
(see History section, Page 3) stated the following:
"While the Carlsbad Mello I and II segments are unique in that they were prepared
and approved by the Coastal Commission, they nevertheless involved detailed
public participation at the local level. This participation included four public
workshops held at the Carlsbad City Chambers by the consultant (PRC Toups), and
two hearings by the San Diego Coast Regional Commission.
"Additionally, the State Coastal Commission held two public workshops and
hearings on each LCP segment. These workshops and hearings occurred over a
two year period from 1980 to 1981."
D. History
The City of Carlsbad Local Coastal Program consists of five geographic segments: the Agua
Hedionda Lagoon LCP segment comprised of (all acreage figures are approximate) 1,100 acres; the
Carlsbad Mello I segment with 2,000 acres; the Carlsbad Mello II segment with 5.300 acres; the West
Batiquitos Lagoon/Sammis Properties segment with 200 acres; the East Batiquitos Lagoon/Hunt
Properties segment with 1,000 acres. However, since the City assumed permit authority for the
Village Area Redevelopment segment in December of 1988 it will not be included in this document.
See Exhibit 1-1, on page 5, for segment locations.
Pursuant to the Public Resources Code Sections 30170 and 30171, the Coastal Commission was
required to prepare and approve an LCP for identified portions of the City. This resulted in the two
LCP segments known as the Mello I and Mello II segments (State legislator Henry Mello sponsored
the legislation which created sections 30170 and 30171). The Mello I and II LCPs were approved by
the Coastal Commission in September 1980 and June 1981, respectively. The Agua Hedionda land
use plan was prepared by the City and approved by the Coastal Commission on July 1,1982.
City of Carlsbad, August 14, 2006 3 Local Coastal Program
Land Use - Introduction Chapter 1
Preparation of the Mello 1, Mello II and Agua Hedionda segments resulted in a number of issues and
conflicts between the City and Commission over the years. These segments cover a good portion of
the city's coastal zone and contain substantial amounts of undeveloped property. Among those issues
which surfaced in the preparation of the LCPs were preservation of agricultural lands, protection of
steep sloping hillsides and erosion control. The City found the policies of the certified Mello I and II
segments regarding preservation of agriculture and steep sloping hillsides to be unacceptable.
Following the certification of Mello I and II, the City pursued negotiations with the Commission
through a City Council-formed special committee comprised of Commission staff and City officials to
resolve issues. In September of 1984 the Governor signed Assembly Bill 3744 (effective January 1,
1985) which eliminated provisions for an "agricultural subsidy program" in Carlsbad's coastal zone.
In the summer of 1985, the City submitted two amendment requests to the Commission and, in
October 1985, the Commission certified amendments 1-85 and 2-85 to the Mello I and II segments.
These major amendments to the LCP involved changes to the agricultural preservation, steep slope
and housing protection policies of the Mello I and II segments. After certification of these
amendments, the City adopted the Mello I and II LCP segments and began the process of preparing
documents for "effective" certification of the entire LCP.
The West Batiquitos Lagoon/Sammis Properties segment was certified in 1985 along with a coastal
development permit for a project comprising the majority of the uplands within that segment. The
master plan (Batiquitos Lagoon Educational Park) associated with this project served as the LCP
implementing ordinances.
The plan area of the Village Area Redevelopment segment was formerly part of the Mello II segment.
In August 1984, the Commission approved the segmentation of thi^ 100 acre area from the remainder
of the Mello II LCP segment and, at the same time, approved the submitted land use plan for the area.
In March of 1988, the Commission approved the Implementation Program for the Village Area
Redevelopment segment. The City assumed permit authority for this segment on December 14,1988.
The East Batiquitos Lagoon/Hunt Properties segment is comprised of a portion of the original Mello I
area and an area annexed (1985) to Carlsbad in and around Batiquitos Lagoon. An area of the
segment known as Green Valley, south of the lagoon, the lagoon and the immediate north shore were
previously part of the County of San Diego LCP (uncertified). All of this property, at the time of LCP
preparation, was in one ownership (Hunt) and was the subject of the Pacific Rim master plan covering
the lagoon and north shore uplands. The segment was certified by the Commission (land use and
master plan as implementing ordinances) in March of 1988.
City of Carlsbad, August 14, 2006 4 Local Coastal Program
Land Use - Introduction Chapter 1
Exhibit - LCP Segment Boundaries
SEGMENT
] MELLO I
MELLO II
REDEVELOPMENT AREA
AGUA HEDIONDA LAGOON
WEST BATIQUITOS LAGOON
EAST BATIQUITOS LAGOON
City of Carlsbad, August 14, 2006 Local Coastal Program
Land Use - Mello J Chapter //-_/
II. SEGMENT
II-1 Mello I Segment - Land Use Policies
(AB 462) (Now PRC 30170)
Certified 9/80 Amended 10/85
1. STANDARD PACIFIC
Policy 1 - Maximum Density of Development
The Standard Pacific property shall be designated for a medium density residential development with
a maximum density of 7 dwelling units per gross acre. The property shall be developed using the
City's RD-M (Residential-Multiple Zone) or PC (Planned Community) in effect at the date of
certification. An overlay zone shall be established incorporating the Coastal Act requirements. All
permitted uses in the underlying zone shall be conditional uses in the overlay zone. Divisions of land
and other developments as defined in the Coastal Act shall be in accord with the requirements of the
Policies contained herein. Poinsettia Lane shall be extended only as generally shown on the PRC
Toups land use map to the eastern boundary of the site. The location of Poinsettia Lane is in no way
determined by this Local Coastal Program (LCP), however, this LCP is not intended to preclude
access to agricultural areas to the east.
Development of the property may occur only under the provisions of the Pacific Rim Country Club
and Resort Master Plan, and shall be subject to the requirement of Policy 2 "Agriculture/Planned
Development."
Policy 2 - Buffers
A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete block wall a
minimum of 6 feet in height, shall be provided between residential development and agricultural
areas to the north and east. As a partial alternative, utilization of natural topographic separations such
as trees, Chaparral, and existing slopes is encouraged, to the extent that such separations can be
incorporated into site planning and would accomplish adequate attenuation to noise and dust.
Permanent maintenance of this area and any structures, through a homeowners association or other
acceptable means, shall be provided as a condition of development.
Policy 3 - Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the
City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan
(SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements contained
herein. The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must also comply
with the requirements of the Jurisdiction Urban Runoff Management Program (JURMP) and the
San Diego County Hydrology Manual to the extent that these requirements are not inconsistent
with any policies of the LCP. Such mitigation shall become an element of .the project and shall
City of Carlsbad, August 14, 2006 6 Local Coastal Program
Land Use - Mello I Chapter II-l
be installed prior to the initial grading. At a minimum, such mitigation shall require construction
of all improvements shown in the City of Carlsbad Drainage Master Plan between the project site
and the lagoon (including the debris basin), revegetation of all graded areas immediately after
grading, and mechanism for permanent maintenance if the City declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases
in pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases to pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to
an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1) Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3) Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious surfaces in
areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and maximize on-
site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or awning covers)
to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients,
suspended solids and other pollutants from entering the storm water conveyance system.
8) Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
9) Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10) Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
City of Carlsbad, August 14, 2006 7 Local Coastal Program
Land Use-Mellol Chapter II-l
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of the publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2.500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm
Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent to" and
"draining directly to" that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Project Discharging to
Receiving Water within Environmentally Sensitive Areas" as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet of
impermeable surface or increase the impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of
an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1) Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not
City of Carlsbad, A ugust 14, 2006 8 Local Coastal Program
Land Use - Mello I Chapter II-l
include removal of BMPs or categories of BMPs on the basis that the City finds them to be
infeasible or impracticable).
2) Addition of new development categories as Priority Projects.
3) Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4) Reductions in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For any
changes not included in the above list, the City shall contact the Executive Director to determine
whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LCP
amendment for the changes.
Policy 4 - Parking
Parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance.
Policy 5 - Environmental Impact Report
Biological and cultural resources on the site shall be identified, and any adverse impacts associated
with development mitigated, through a site specific environmental impact report (EIR). Proposed
mitigation shall be incorporated in the project design.
2. OCCIDENTAL LAND, INC.
Policy 1 - Land Uses
The "Occidental Land, Inc." landowners elected to pay an agriculture conversion fee as required by
the Agricultural Subsidy Program established by the Mello 11 LCP Segment (AB 1971) adopted and
certified by the Coastal Commission on June 3, 1981. With the election to pay the agriculture
conversion fee, the Agricultural Subsidy Program allowed the "Occidental Land, Inc." properties to
be developed in accordance with the land uses described below.
Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was replaced with the
Agriculture Conversion Mitigation Fee (Public Resource Code Section 30171.2 and 30171.5) (Mello
II Segment Policy 2-1 Option 3).
As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the
adoption of the Mello II Segment remained "operative" even thought the Agricultural Subsidy
Program was replaced.
The Occidental Land parcels are hereby designated as follows:
(1) The area located east of Interstate 5 and north of Poinsettia Lane shall be designated for
residential use at a maximum density of 8 dwelling units per acre.
City of Carlsbad, August 14, 2006 9 Local Coastal Program
Land Use - Mello J Chapter II-1
(2) The area located east of Interstate 5 and south of Poinsettia Lane shall be designated for
residential use at a maximum density of 8 dwelling units per acre.
(3) The area located west of Interstate 5 and south of Poinsettia Lane shall be designated for visitor-
serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad
Zoning Ordinance.
(4) The area located west of Interstate 5 and north of Poinsettia Lane shall be designated for visitor-
serving or neighborhood commercial development according to Chapter 21.26 of the Carlsbad
Zoning Ordinance, provided that a minimum of 35% is developed as visitor serving uses.
Policy 2 - Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the
City's Grading Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the additional requirements contained herein. The SUSMP,
dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the requirements
of the Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP. Such mitigation shall become an element of the project and shall be installed prior to
initial grading. Mitigation shall also require construction of all improvements shown in the City
of Carlsbad Drainage Master Plan and amendments thereto between the project site and the
lagoon (including the debris basin), revegetation of all graded areas immediately after grading,
and a mechanism for permanent maintenance if the City declines to accept responsibility. The
offsite drainage improvements shall be reimbursable to Occidental by use of assessment districts,
development agreements or other appropriate means acceptable to the City.
b. Prior to making land use decisions, the City shall utilize methods available to estimate increases
to pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases to peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
water system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to
an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1) Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
City of Carlsbad, August 14, 2006 10 Local Coastal Program
Land Use - Mello I Chapter ll-l
2) To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3) Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged,
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious surfaces in
areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and maximize on-
site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or awning covers)
to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients,
suspended solids and other pollutants from entering the storm water conveyance system.
8) Incorporate roof or awning covers over trash storage to prevent off-site transport of trash
and other pollutants from entering the storm water conveyance system.
9) Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10) Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
"Environmentally Sensitive Areas" (ESA) identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent to"
and "draining directly to" that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I of the
City of Carlsbad, August 14, 2006 11 Local Coastal Program
Land Use - Mello I Chapter ll-l
SUSMP, including being treated as a priority project if they create more than 2,500 square feet of
impermeable surface or increase the impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet
of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1) Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not
include removal of BMPs or categories of BMPs on the basis that the City finds them to be
infeasible or impractical).
2) Addition of new development categories as Priority Projects.
3) Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4) Reductions in the area of impervious surfaces used to designate a specific category of Priority
Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
Policy 3 - Parking
In the event of commercial and/or residential development pursuant to a coastal development permit;
parking shall be in conformance with the requirements of the City of Carlsbad Zoning Ordinance.
Policy 4 - Environmental Impact Report
In the event of commercial and/or residential development pursuant of a coastal development permit,
biological and cultural resources on the site shall be identified, and any adverse impacts associated
with development mitigated, through a site specific environmental impact report (EIR). Proposed
mitigation shall be incorporated in the project design.
City of Carlsbad, August 14, 2006 12 Local Coastal Program
Land Use - Mello I Chapter II-J
3. RANCHO LA COSTA (HUNT PROPERTY)
Policy 1 - Not Used
Policy 2 - Not Used
(1) Development of the property may occur only under the provisions of Master Plan, and shall
be subject to the requirements of Policy 2 "Agriculture/Planned Development."
(2) The land uses allowed by the Master Plan shall be compatible with the City of Carlsbad
General Plan as amended1 to provide a combination of residential, commercial (including
visitor serving) and open space uses.
(3) Residential density permitted through the Master Plan shall not exceed that allowed by the
City of Carlsbad General Plan2.
(4) All land uses and intensity of use shall be compatible with the protection of sensitive coastal
resources.
(5) Land use intensity shall be consistent with that allowed by the Carlsbad Growth Management
Ordinance (Chapter 21.90, Carlsbad Municipal Code)3.
The property shall be developed using the existing planned community zone with the additional
requirements contained in the policies herein. All developments as defined by the Coastal Act
require a coastal development permit and master plan that is consistent with the Carlsbad General
Plan. Conversion of any portion of these non-prime agricultural lands as shown on the PRC Toups
maps (See Exhibit 3.3) to urban uses pursuant to the master plan shall be allowed if the following
findings are made:
(la) Conversion would preserve prime agricultural land or concentrate development consistent
with Section 30250 of the Public Resources Code; or
(Ib) Continued or renewed agriculture is no longer feasible; or
(Ic) Payment of an agricultural conversion mitigation fee in an amount not less than $5,000 and
not more than $10,000 per net converted acre has been made; and
(2) Conversion would be compatible with continued agricultural use on surrounding lands;
(3) The master plan provides overriding benefits to the resources of Batiquitos Lagoon;
'and adopted as of March 1,1988.
Adopted as of March 1, 1988.
as adopted as of March 1, 1988, except that any increase in the total number of dwelling units
proposed in the Master Plan (2836) shall require review and approval of the Coastal Commission
through the LCP amendment process.
City of Carlsbad, August 14, 2006 13 Local Coastal Program
Land Vse - Melfo I Chapter II-l
(4) The master plan provides significant protection and enhancement of environmentally
sensitive habitats above and beyond the existing land use control's current requirements.
The amount of agricultural conversion mitigation fee shall be determined by the City Council at the
time it considers a development permit for conversion of the property to urban uses and shall reflect
the per acre cost of preserving prime agricultural land pursuant to paragraph la. The fee shall be
deposited in the State Coastal Conservancy Fund and shall be expended in the following order of
priority:
(1) Restoration of natural resources and wildlife habitat in Batiquitos Lagoon, including but not
limited to payment for operation and maintenance of a Lagoon enhancement program.
(2) Development of an interpretive center at Buena Vista Lagoon.
(3) Restoration of beaches managed for public use in the City of Carlsbad.
(4) Purchase of agricultural lands for continued agricultural production within the Carlsbad
Coastal Zone as determined by the Carlsbad City Council.
(5) Agricultural improvements which will aid in the continuation of remaining agricultural
production within the Carlsbad Coastal Zone as determined by the Carlsbad City Council.
Policy 3 - Drainage and Erosion Control
Under the P-C Zone requirements and the development intensities established in Policy 1 -Maximum
Density of Development, the development shall conform to the following additional development
standards:
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to
prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC
Toups maps. The slope mapping and analysis shall be prepared during the CEQA environmental
review on a project-by-project basis and shall be required as a condition of a coastal development
permit.
(1) For those slopes mapped as possessing endangered plant/animal species and/or Coastal Sage
Scrub and Chaparral plant communities, the following policy language would apply:
(a) Slopes of 25% grade and over shall be preserved in their natural state, unless the
application of this policy would preclude any reasonable use of the property, in which
case an encroachment not to exceed 10% of the steep slope area over 25% grade may be
permitted. For existing legal parcels, with all or nearly all of their area in slope area over
25% grade, encroachment may be permitted; however, any such encroachment shall be
limited so that at no time is more than 20% of the entire parcel (including areas under
25% slope) permitted to be disturbed from its natural state. This policy shall not apply to
the construction of roads or the City's Circulation Element or the development of utility
systems. Uses of slopes over 25% may be made in order to provide access to flatter areas
if there is no less environmentally damaging alternative available.
City of Carlsbad, August 14, 2006 14 Local Coastal Program
Land Use - Mello I Chapter II-l
(b) No further subdivisions of land or utilization of Planned Unit Developments shall occur
on lots that have their total area in excess of 25% slope unless a Planned Unit
Development is proposed which limits grading and development to not more than 10% of
the total site area.
(c) Slopes and areas remaining undisturbed as a result of the hillside review process, shall be
placed in a permanent open space easement as a condition of development approval. The
purpose of the open space easement shall be to reduce the potential for localized erosion
and slide hazards, to prohibit the removal of native vegetation except for creating
firebreaks and/or planting fire retardant vegetation and to protect visual resources of
importance to the entire community.
(2) For all other steep slope areas, the City Council may allow exceptions to the above grading
provisions provided the following mandatory findings to allow exceptions are made:
(a) A soils investigation conducted by a licensed soils engineer has determined the subject
slope area to be stable and grading and development impacts mitigatable for at least 75
years, or life of structure.
(b) Grading of the slope is essential to the development intent and design.
(c) Slope disturbance will not result in substantial damage or alteration to major wildlife
habitat or native vegetation areas.
(d) If the area proposed to be disturbed is predominated by steep slopes and is in excess of 10
acres, no more than one third of the total steep slope area shall be subject to major grade
changes,
(e) If the area proposed to be disturbed is predominated by steep slopes and is less than 10
acres, complete grading may be allowed only if no interruption of significant wildlife
corridors occurs.
(f) Because north-facing slopes are generally more prone to stability problems and many
cases contain more extensive natural vegetation, no grading or removal of vegetation
from these areas will be permitted unless all environmental impacts have been mitigated.
Overriding circumstances are not considered adequate mitigation.
(3) Drainage and runoff shall be controlled so as not to exceed at any time the rate associated
with property in its present state, and appropriate measures shall be taken on and/or offsite
to prevent siltation of lagoons and other environmentally sensitive areas.
(4) The appropriate measures shall be installed prior to onsite grading.
(5) All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
(6) (a) All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
City of Carlsbad, A ugust 14, 2006 15 Local Coastal Program
Land Use - Mello I Chapter Il-l
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, with
the additions and changes adopted herein, such that a natural drainage system is
generally preserved for the eastern undeveloped watersheds, but that storm drains are
allowed for those western portions of the watershed which have already been
incrementally developed. The SUSMP, dated April 2003 and as amended, the City of
Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the Jurisdictional Urban
Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not inconsistent with any policies of the LCP.
(b) Prior to making land use decisions, the City shall utilize methods available to estimate
increase in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the proj ected increases in pollutant loads and
minimize any increases in peak runoff rate.
(c) Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
%
(d) Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
(e) Development projects should be designed to comply with the following site design
principles:
1) Protect slopes and channels' to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in anatural undisturbed
condition.
3) Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy
metals, nutrients, suspended solids and other pollutants from entering the storm
water conveyance system.
City of Carlsbad, August J4, 2006 16 Local Coastal Program
Land Use - Mello I Chapter II-l
8) Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9) Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10) Design streets and circulation systems to reduce pollutants associated with vehicles
and traffic resulting from development.
(f) Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
(g) Structural BMPs used to meet SUSMP requirements for priority projects shall be based
on the California Stormwater Quality Association (CASWA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced from
each storm event up to and including the 85th percentile 24-hour storm event.
(h) Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003, using
the definitions of "adjacent to" and "draining directly to" that are found in the SUSMP.
(i) The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
(j) The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
(k) Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
(1) Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging
to Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I
of the SUSMP, including being treated as a priority project if they create more than 2,500
square feet of impermeable surface or increase the impermeable surface on the property
by more than 10%.
(m) Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing standard, if
they are in, within 200 feet of, or discharging directly to an ESA including the Pacific
Ocean; or shall provide a written report signed by a licensed civil engineer showing that
as the project is designed they are mitigating, polluted runoff, including dry weather
nuisance flows, to the maximum extent practicable.
City of Carlsbad, August 14, 2006 17 Local Coastal Program
Land Use - Mello I Chapter H-l
(n) Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they are
within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
(o) The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1) Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This
does not include removal of BMPs or categories of BMPs on the basis that the City
finds them to be infeasible of impractical).
2) Addition of new development categories as Priority Projects.
3) Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4) Reduction in the area of impervious surfaces used to designate a specific category of
Priority Project.
(p) Any minor changes made pursuant to the above list shall be accompanied by a finding
that the changes will improve and better protect coastal water quality. The City Engineer
or Planning Director shall notify the Executive Director in writing of any of the above
listed changes. For any changes not included in the above list, the City shall contact the
Executive Director to determine whether an LCP amendment is necessary, and if
necessary, shall subsequently apply for an LCP amendment for the changes.
(7) Mitigation measures tailored to project impacts and consistent with the control of cumulative
development shall be implemented prior to development in accordance with the following
additional criteria:
(a) Submittal of a runoff control plan designed by a licensed engineer qualified in hydrology
and hydraulics, which would assure no increase in peak runoff rate from the developed
site over the greatest discharge expected from the existing undeveloped site as a result of
a 10-year frequency storm. Runoff control shall be accomplished by a variety of
measures, including, but not limited to, onsite catchment basins, detention basins,
siltation traps and energy dissipators and shall not be concentrated in one area or a few
locations.
(b) Detailed maintenance arrangements and various alternatives for providing the ongoing
repair and maintenance of any approved drainage and erosion control facilities.
(c) All permanent runoff and erosion control devices shall be developed and installed priorto
or concurrent with any onsite grading activities.
(d) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1 st with temporary
or permanent (in the case of finished slopes) erosion control measures and native
vegetation. The use of temporary erosion control measures, such as berms, interceptor
ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in
conjunction with plantings to minimize soil loss from the construction site. Said
planting shall be accomplished under the supervision of a licensed landscaped architect
City of Carlsbad, August 14, 2006 18 Local Coastal Program
Land Use - Mello I Chapter I]-1
and shall consist of seeding, mulching, fertilization and irrigation adequate to provide 90
percent coverage within 90 days. Planting shall be repeated, if the required level of
coverage is not established. This requirement shall apply to all disturbed soils, including
stockpiles.
Policy 4 - Buffer/Open Space
A sturdy fence, generally a minimum of a 6 ft. concrete block wall, shall be provided between
residential development and agricultural areas. Natural topographic separations such as trees,
Chaparral, and slopes shall be included if those features would be protected by the provisions of
Policies 1 through 3. Permanent maintenance through a homeowners association or other acceptable
means shall be provided as a condition of development. Roads shall be designed as much as possible
to function as buffers between agriculture and residences. The P-C zone requirement of open space
can be used in conjunction with this requirement.
Policy 5 - Parking/Siting
Due to severe site constraints, innovative siting and design criteria (including shared use of
driveways, clustering, tandem parking, pole construction) shall be incorporated in the master plan to
minimize the paved surface area.
Policy 6 - Environmental Impact Report
Biological and cultural resources on the site shall be identified, and any adverse impacts associated
with development mitigated, through a site specific environmental impact report (E1R). Proposed
mitigation shall be incorporated in the project design.
Policy 7 - Protection of Sensitive Native Vegetation Areas
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify
how the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and
protect sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation
Program (MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed
species and rare native vegetation while accommodating regional development needs. The HMP
provides a comprehensive plan for creation and management of proposed preserve areas in the
coastal zone, along with appropriate criteria for development requirements and delineation of
development/preservation boundaries. The creation of an effective habitat preserve requires a careful
balancing of acquisition, preservation and mitigation requirements, as well as enforceable
monitoring, remediation and an adequately funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It
states, in part, "environmentally sensitive habitat areas shall be protected against any significant
disruption of habitat values..." Environmentally sensitive habitat area (ESHA) is defined in Section
30107.5 of the Coastal Act as "any area in which plant or animal life or their habitats are either rare
or especially valuable because of their special nature or role in an ecosystem and which could be
easily disturbed or degraded by human activities and developments.
City of Carlsbad, August 14, 2006 19 Local Coastal Program
Land Use - Mello I Chapter II-1
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans
affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource
protection standards require more stringent limitations to coastal ESHA impacts for individual sites.
The clustering and concentration of development away from sensitive areas that will result from the
proposed standards contained in the HMP and identified in the policies below will provide a larger,
more contiguous preserve area than if development on the same properties were to be approved on a
lot-by-lot basis.
7-1.1 Habitat Management Plan
The document titled "Habitat Management Plan for Natural Communities in the City of Carlsbad,
December 1999 with Two Addenda" (hereafter referred to as HMP) is incorporated herein by
reference. The Second Addendum dated December 2002 contains additional conservation standards
and habitat protection policies that apply within the Coastal Zone. The HMP has been developed so
as to implement and be consistent with all other provisions of this LCP, as amended. Any changes to
the HMP that affect development within the coastal zone (including, but not limited to, changes to
mitigation requirements) shall be certified by the Coastal Commission as LCP amendments prior to
becoming effective.
7-1.2 Environmentally Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentally sensitive habitat areas, as
defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of
habitat values, and only uses dependent on those resources shall be allowed within those areas.
7-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due
in part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species.
Properties containing Costal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub
and 75% of the gnatcatchers onsite. Conservation of gnatcatchers shall be determined in consultation
with the wildlife agencies.
7-1.4 Oak Woodland
An oak woodland is a closed to relatively open stand of trees within which a dominant tree species is
a species of oak. In coastal southern California, that species is generally Coast Live Oak (Quercus
agrifoJia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional
to common and the herb layer is often continuous and dominated by a variety of annual grasses.
7-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys water.
7-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey water, but only
during and shortly after rainfall events in a typical year.
City of Carlsbad, August 14, 2006 20 Local Coastal Program
Land Use - Mello I Chapter JJ-1
7-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of
Regulations Section 13577(b), 'wetland' means lands within the coastal zone, which may be covered
periodically or permanently with shallow water and include saltwater marshes, freshwater marshes,
open or closed brackish water marshes, swamps, mudflats and fens. Wetland shall include land
where the water table is at, near or above the land surface long enough to promote the formation of
hydric soils or to support the growth of hydrophytes and shall also include those types of wetlands
where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic
fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts
or other substances in the substrate. A preponderance of hydric soils or a preponderance of wetland
indicator species shall be considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section 13 577 of
the California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be
allowed except as provided in that Section.
7-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 7-1.7, mitigation shall be provided at a
ration of 3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts.
7-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime
Chaparral, Southern Mixed Chaparral, Native Grassland and Oak Woodland within the Coastal Zone
of Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a
creation component that achieves the no net loss standard. Substantial restoration of highly degraded
areas (where effective functions of the habitat type have been lost) may be substituted for creation
subject to the consultation and concurrence of the U.S. Fish and Wildlife Service and the California
Department of Fish and Game (wildlife agencies). The Coastal Commission shall be notified and
provided an opportunity to comment upon proposed substitutions of substantial restoration for the
required creation component. Development shall be consistent with Policy 7-1.2 of this section,
unless proposed impacts are specifically identified in the HMP; these impacts shall be located to
minimize impacts to Coastal Sage Scrub and maximize protection of the Coastal California
gnatcatcher and its habitat.
7-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitants stated in 7-1.9 are allowed, mitigation shall be provided as follows:
a. The no net Joss standard shall be satisfied as stated in 7-1.9. Typically this will consist of
creation of the habitat type being impacted (or substantial restoration where allowed) at a ratio of at
least 1:1 as provided in the HMP.
City of Carlsbad, August 14, 2006 21 Local Coastal Program
Land Use - Mello I Chapter II-l
b. Onsite preservation is not eligible for mitigation credit in the coastal zone except as
provided in subsection g. below.
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the
creation component satisfying half of the total obligation. The remainder of the mitigation obligation
shall be satisfied pursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated
at an overall ratio of 3:1, with the creation component satisfying one-third of the total obligation.
The remainder of the mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
e. Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be
mitigated respectively at ratios of 1:1, 3:1 and 3:1, with the creation component satisfying the
obligation or one-third of the total obligation. The remainder of the mitigation obligation shall be
satisfied pursuant to the provisions of the HMP.
f. Mitigation for impacts within the coastal zone should be provided within the coastal zone
if possible, particularly the 1:1 creation component, in order to have no net loss of habitat within the
coastal zone. Mitigation measures on land outside the Coastal Zone may be acceptable if such
mitigation would clearly result in higher levels of habitat protection and value and/or would provide
significantly greater mitigation ratios and the mitigation area is part of the HMP. Land area inside
and outside the coastal zone which serves as mitigation for habitat impacts in the coastal zone shall
be permanently retired from development potential and secured as part of the HMP preserve
management plan as a condition of development approval.
g. Onsite of off-site open space preserve areas may be utilized to satisfy required mitigation
for habitat impacts associated with development if the preserve areas are disturbed and suitable for
restoration or enhancement, or they are devoid of habitat value and therefore suitable for the 1:1
mitigation component requiring creation or substantial restoration of new habitat. Substantial
restoration is restoration that has the effect of qualitatively changing habitat type and may meet the
creation requirement if it restores habitat type that was historically present, but has suffered habitat
conversion or such extreme degradation that most of the present dominant species are not part of the
original vegetation. Substantial restoration contrasts with enhancement activities, which include
weeding or planting within vegetation that retains its historical character, and restoration of disturbed
areas to increase the value of existing habitat which may meet other mitigation requirements pursuant
to the HMP.
h. Habitat mitigation requirements other than the creation or substantial restoration
component may be partially or wholly fulfilled by acquisition of existing like habitat and/or
retirement of development credits on existing like habitat with permanent preservation as part of the
HMP preserve management plan.
i. All mitigation areas, onsite and offsite, shall be secured with a conservation easement in
favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for the
mitigation areas, to the satisfaction of the City, the wildlife agencies and the Coastal Commission.
The preserve management plan shall ensure adequate funding to protect the preserve as open space
and to maintain the biological values of the mitigation areas in perpetuity. Management provisions
and funding shall be in place prior to any impacts to habitat. At a minimum, monitoring reports shall
City of Carlsbad, August 14, 2006 22 Local Coastal Program
Land Use - Mello I Chapter H-l
be required as a condition of development approval after the first and third year of habitat mitigation
efforts. The preserve management plan shall be incorporated into the Implementation Plan of the
LCP through an LCP amendment within one year of Commission certification of the HMP as part of
the certified LCP.
j. If any conflict should arise between the Policies of the LCP and the provisions of the
HMP, the LCP shall take precedence. If any conflict should arise between the policies of the
certified Mello ILUP and the certified Implementation Plan the policies of the certified Mello ILUP
shall take precedence.
7-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by
environmentally sensitive habitat area (ESHA). In these cases, one of the following additional
standards shall apply:
a. If more than 80% of the property by area is covered with ESHA at least 75% of the
property shall be conserved. OR
b. If the City, with the concurrences of the wildlife agencies and the Coastal Commission
through an LCP amendment, approved a Hardline preserve boundary for any of the above-described
properties as part of the HMP, then the amount of onsite preservation as identified in the Hardline
boundary shall apply.
7-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer
widths shall be provided as follows:
a. 100 feet for wetlands
b. 50 feet for riparian areas
c. 20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral,
maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland).
Buffer widths shall be measured from the edge of preserved habitat nearest the development to the
closest point of development. For wetlands and riparian areas possessing an unvegetated bank or
steep slope (greater than 25%), the buffer shall be measured from the top of the bank or steep slope
rather than the edge of habitat, unless there is at least 50 feet between the riparian or wetland area
and the toe of the slope. If the toe of the slope is less than 50 feet from the wetland or riparian area,
the buffer shall be measured from the top of the slope.
Any proposed reductions in buffer widths for a specific site shall require sufficient information to
determine that a buffer of lesser width will protect the identified resources. Such information shall
include, but is not limited to, the size and type of the development and/or proposed mitigation (such
as planting of vegetation or the construction of fencing) that will also achieve the purposes of the
buffer. The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the
Coastal Commission staff shall be consulted in such buffer determinations.
City of Carlsbad, A ugust 14, 2006 23 Local Coastal Program
Land Use - Mello I Chapter fl-l
No development, grading or alterations, including clearing of vegetation, shall occur in the buffer
area, except for:
a. Fuel modification Zone 3 to a maximum of 20 feet for upland and non-riparian habitat.
No fuel modification shall take place within 50 feet of riparian areas, wetlands or oak woodland.
b. Recreation trails and public pathways within the first 15 feet of the buffer closest to the
development, provided that construction of the trail or pathway and its proposed use is consistent
with the preservation goals for the adjacent habitat and that appropriate measures are taken for
physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and
physical barriers such as walls or fences shall be required to minimize edge effects of development.
7-1.13 Hardline Preserve Boundaries
The purpose of the standards listed above is to ensure that the future development is sited to
preserve the maximum amount of ESHA within the coastal zone, and to establish viable habitat
corridors and preserve areas. If the City, with the concurrence of the wildlife agencies and the
Coastal Commission through an LCP amendment subsequently approves a Hardline preserve
boundary for any properties as part of the HMP, then the onsite preservation included in the
Hardline preserve boundary shall apply.
7-1.14 Steep Slope Encroachments
The percentage of steep slope encroachment allowed by the drainage and erosion control policies
may be modified for development consistent with the habitat protection policies listed above and
approved as part of the adopted HMP.
7-1.15 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those identified in
Table 12 of the HMP shall be prohibited.
4. FINDINGS
The Commission hereby finds and declares as follows:
(1) Agriculture
The Mello Bill Properties (AB462) LCP contains a number of issues related to preservation of
agricultural lands. These issues pertain to suitability of the soils for agricultural use, economic
feasibility of agriculture, necessity of buffer areas between agricultural and urban uses, and
relationship to the balance of the Carlsbad LCP and a comprehensive city-wide agricultural
preservation program. Findings dealing with these issues and supporting the policy
recommendations are provided below:
City of Carlsbad, August 14, 2006 24 Local Coastal Program
Land Use - Mello I Chapter II-l
(a) Suitability of the Soils - The Mello Bill Properties contain a variety of soil types.
These soil types include Class III and IV soils designated by the Soil Conservation
Service of the U.S. Department of Agriculture as suitable for growing truck crops,
tomatoes, flowers and other crops. In the case of the Standard Pacific and Rancho La
Costa properties, portions of the sites include soils designated as Class VIII with little
or no agricultural value (Ref. Figure 1 of the PRC Toups Report for soil
designations).
The California Coastal Act of 1976 contains the following provisions related to preservation of
agricultural lands:
SEC. 30241
The maximum amount of prime agricultural land shall be maintained in agricultural production to
assure the protection of the areas' agricultural economy, and conflicts shall be minimized between
agricultural and urban land uses through all of the following:
(a) By establishing stable boundaries separating urban and rural areas, including, where
necessary, clearly defined buffer areas to minimize conflicts between agricultural and urban
land uses,
(b) By limiting conversions of agricultural lands around the periphery of urban areas to the lands
where the viability of existing agricultural use is already severely limited by conflicts with
urban uses and where the conversion of the lands would complete a logical and viable
neighborhood and contribute to the establishment of a stable limit to urban development.
(c) By developing available lands not suited for agriculture prior to the conversion of agricultural
lands.
(d) By assuring that public service and facility expansions and nonagricultural development do
not impair agricultural viability, either through increased assessment costs or degraded air
and water quality.
(e) By assuring that all divisions of prime agriculture lands, except those conversions approved
pursuant to sub-division (b) of this section, and all development adjacent to prime
agricultural lands shall not diminish the productivity of such prime agricultural lands.
SEC. 30242
All other lands suitable for agricultural use shall not be converted to nonagricultural uses unless (1)
continued or renewed agricultural use is not feasible, or (2) such conversion would preserve prime
agricultural land or concentrate development consistent with Section 30250. Any such permitted
conversion shall be compatible with continued agricultural use on surrounding lands.
(2) Environmentally Sensitive Habitat
The PRC Toups Report identifies the Coastal Sage Scrub and mixed Chaparral found on the
steeper slopes of the Rancho La Costa property as having significant habitat resource value.
City of Carlsbad, August 14, 2006 25 Local Coastal Program
Land Use - Mello I Chapter II-J
These areas exhibit a large number and diversity of both plant and animal species, several of
which could be threatened because of conversion to urban or agricultural use. The Coastal
Plan identifies Batiquitos Lagoon, as a resource of statewide significance and an
environmentally sensitive habitat. All of the Standard Pacific and Rancho La Costa
properties are located in the Batiquitos Lagoon Watershed. A portion of Occidental is so
located. Batiquitos Lagoon is approximately 600 acres and provides habitat for more than 75
species of waterfowl and shore birds, including migratory shore birds which feed in the
shallow ponds both west and east of the freeway. Batiquitos Lagoon is given priority
protection under Section 30233(c) because it has been identified as a critical coastal wetland
by the Department of Fish and Game.
Sections 30230, 30231, 30233, 30236 and 30240 of the Coastal Act are applicable to
environmentally sensitive habitat areas. Essentially all these provisions of the Coastal Act
are concerned with the preservation and protection of environmentally sensitive habitat areas.
Environmentally sensitive habitat areas are defined as "any area in which plant or animal life
or their habitats are either rare or especially valuable because of their special nature or role in
an ecosystem and which could be easily disturbed or degraded by human activities and
developments" (Coastal Act, Section 30107.5). Batiquitos Lagoon can be adversely
impacted by development in a number of ways. Batiquitos Lagoon is directly affected by
such things as erosion of the upland hill areas transporting sediment into the lagoon, and by
excessive nutrient loads from agricultural land uses. The steep slopes which contain the
coastal mixed Chaparral on the Rancho La Costa site will be degraded or destroyed by
extensive grading activity.
To protect Batiquitos Lagoon from increased sedimentation as a result of urbanization, PRC
Toups recommended conformance to the draft Carlsbad Master Drainage Plan and restriction
of construction on slopes in excess of 25%. The Carlsbad Master Drainage Plan proposes
phased incremental construction of underground sewers along all of the drainage courses in
the Mello I Bill LCP area. The Master Drainage Plan also proposes a new grading ordinance
that provides controls over urban runoff, but does not contain any restrictions upon grading
season.
There are two problems with sedimentation that are of special concern to the Commission
because of their effects on Batiquitos: increased sedimentation from the urban development
process, and increased streambed erosion resulting from paving and storm drains in
urbanized areas. Several publications note the dramatic increase in sediment production
caused by urbanization, "Effects of Urbanization of Sedimentation and Flood flows in Colma
Basin, California" by J. M. Knott USGS notes an increase in sedimentation to 130 times pre-
development rates. Increases of 100-fold are also noted in Evaluation and Control of Soil
Erosion in Urbanizing Watersheds by Chang-Ning Chen while even more dramatic increases
are related in "Control of Sediments Resulting from Highway Construction and Land
Development" by the U.S. Environmental Protection Agency, 1971. The Commission has
observed these effects throughout San Diego County, and finds that stringent controls over
the timing of grading and policies to assure revegetation are necessary to minimize these
increases. The policies of the certified LCP provide controls and policies analogous to those
required by the Commission in its permit decisions.
City of Carlsbad, August 14, 2006 26 Local Coastal Program
Land Use - Mello I Chapter II-1
The second major problem with sedimentation, and the major long term concern, is increased
flood flows due to urbanization. The Commission's own consultant, Karen Prestegard, in
"Stream and Lagoon Channels of the Los Penasquitos Watershed, California, with an
Evaluation of Possible Effects of Proposed Urbanization," reported that increased urban
runoff can cause streambed erosion for periods of 20 to 30 years, and is the major cause of
increased sediment deposition in San Diego County. The problems of streambed erosion
have been dramatic in San Diego, notably at Crest and Luz Canyons, and also within the
watershed of Batiquitos Lagoon in the formation of a canyon along Batiquitos Lane, and in
the dramatic increases in deltas at the western and eastern end of the lagoon. The
Commission finds that phased construction of storm drains is not sufficient to mitigate the
effects of urbanization because unlined portions of drainage ways continue to erode at an even
more rapid rate after construction upstream. The Commission is also concerned that
construction of artificial drainageways avoids the benefits of filtration of urban runoff
accomplished through natural drainageways. Within the LCP area, there are two
drainageways along the western edge of the property where urbanization has already caused
serious erosion problems. Portions of Occidental Land and the entire Standard Pacific site
drain into this area. In these two areas, natural drainageways are no longer practical. The
PRC Toups Report recommended installation of artificial drains on an incremental basis
(project by project). The Commission finds that such a recommendation would exacerbate
the erosion and rejects that recommendation. Instead, the Commission has adopted policies
that require construction of drainage facilities to resolve existing erosion problems prior to
any further development. The policy language provides for use of an assessment district, or
any similar method, so that all developers causing the erosion problem would contribute
equitably to the solution. The Commission recognizes that this may place an additional
burden on the initial developer, but notes that methods such as development agreements are
in common use in San Diego County. The Commission also notes that installation of
artificial drains are generally more economical than detention of storm water onsite. Finally,
the immediate resolution of the existing erosion problem is strongly encouraged by the
provision of Section 30231 that "productivity...shall be maintained and, where feasible,
restored through controlling runoff.
In the remainder of the LCP (principally the Rancho La Costa site) it is possible and of
substantial benefit to the preservation of the lagoon to design a drainage system that
maintains existing, natural drainageways. Therefore, LCP policies have been adopted which
require controls preventing increased runoff to be included as an integral element of
development.
Although the approach outlined in these policies and in these findings relies heavily upon
engineered facilities to reduce peak runoff, it must be recognized that there are limits to the
effectiveness of such controls. Rancho La Costa is a series of steep canyons draining in a
north-south direction into Batiquitos Lagoon. It contains highly credible soils and is very
susceptible to degradation. Further, because of the proximity of this area to the lagoon, and
because it takes a period of up to five years for revegetation to reduce sedimentation below
the levels of an undisturbed site, land use designations must reflect the limitations of the land.
Without such limits on overall development intensity, grading of the site could lead to
massive siltation during and after initial grading, regardless of mitigation measures. The
Commission cannot agree that the PRC Toups recommendation of an overall density of 0 to 4
units per acre provides for land uses reflecting the iimitations of the land. Further, the PRC
City of Carlsbad, August 14, 2006 27 Local Coastal Program
Land Use - Mello 1 Chapter II-l
Toups recommendation to concentrate development off of slopes in excess of 25% do not
articulate a compelling distinction for not restricting development on slopes between 10%
and 25%. The information in the background reports indicates that virtually all of the land in
this LCP over 10% slope (and some of the land under 10% slope) is identified within the
LCP as having moderate to high, or very high erosion hazard by the Soil Conservation
Service. Therefore, the Commission finds that it is necessary to provide land use policies
that establish land use intensities reflecting the limitations of the natural terrain. The policies,
approved in this staff recommendation recognize the relationship of development density to
the natural carrying capacity of the land, only as so revised can the Commission find the
Land Use Plan consistent with the habitat protection policies of the Coastal Act.
(3) Hazard Areas
The Mello Bill LCP indicates that geographical hazards can be grouped into two basic
categories:
(a) Landslides, slope instability, and soil erosion problems.
(b) Seismic hazards.
Section 3 0253 of the Coastal Act indicates that new development shall "minimize risks to
life and property in areas of high geologic, flood, and fire hazard..." and "assure stability
and structural integrity, and neither create nor contribute significantly to erosion,
geologic instability, or destruction of the site or surrounding area..."
In the technical background report on hazards, prepared by PRC Toups Corporation,
landslide prone areas have been generally identified. None are within the Mello Bill
LCP. However, much of the Mello Bill LCP contains properties designated as
"accelerated erosion prone areas" which drain into Batiquitos Lagoon. Much of the
Mello Bill LCP properties are designated by the U.S. Department of Agriculture Soil
Conservation Service as having a high erosion hazard. Because of this, and the fact that
Batiquitos Lagoon is an environmentally sensitive habitat area, the Commission finds that
the additional erosion control policies are necessary. These policies require that
development:
• conform to the draft Carlsbad Master Drainage Plan;
• limit time of year for grading to the dry season;
• control increased runoff;
• maintain drainage and erosion control facilities;
• plant and stabilize graded areas; and
• be concentrated on the flatter portions of the site.
With these policies, the Commission finds the Mello Bill LCP in conformity with Section
30253 of the Coastal Act.
With regards to seismic hazards, the Mello Bill LCP recognizes that there is a "relatively
very high earthquake hazard in the study area." However, no proven active faults exist in
the study area. The technical background report on hazards prepared by PRC Toups
City of Carlsbad, August 14, 2006 28 Local Coastal Program
Land Use - Mello I Chapter II-l
Corporation recommends that Uniform Building Code be implemented and that
geologic/soils investigations be prepared for all subdivisions to mitigate potential seismic
risks. The City of Carlsbad currently follows their procedures. The Commission finds
that while additional technical search assessing seismic hazards should be encouraged,
the implementation of the above procedures are adequate to find the LCP in conformity
with Section 30253 of the Coastal Act.
(4) Public Works
As part of the technical background reports prepared by PRC Toups Corporation for the
balance of the Carlsbad LCP, an evaluation of sewer, water, and traffic circulation systems in
the City of Carlsbad was performed. These issues, which are basically city-wide or regional
issues, are more appropriately addressed in the balance of the Carlsbad LCP. The PRC Toups
Report contains the following summary statement.
"In summary, major water, sewer and traffic circulation systems are either
available or must be provided across the southern section of Carlsbad to
serve urban development to the east. These systems can also serve the
Mello Bill properties. The issues, therefore, concern alignment of these
needed facilities. Most important of these systems concerns the
construction of Poinsettia Lane. This road is needed as a major arterial by
1995. A complete analysis of transportation needs and projections is
contained within the Public Works Technical Paper within the Carlsbad
LCP."
The Commission finds that the issues of water, sewer, and traffic circulation and the
alignment of these facilities are more appropriately addressed in the balance of the Carlsbad
LCP. With regards to access, Poinsettia Lane may be extended from its current terminus
eastward to the eastern boundary of the Standard Pacific site. In the balance of the Carlsbad
LCP, the extension of Poinsettia Lane through coastal zone agricultural areas shall be
analyzed. The Commission makes no finding at this time that the road is needed, or may be
extended. With this stipulation, the Commission finds the Mello Bill LCP in conformity with
Section 30254 of the Coastal Act.
(5) Recreation and Visitor-Serving Facilities
Several Coastal Act policies require consideration of visitor-serving uses. The Mello Bill
highlighted public recreation as one of the Chapter 3 policies to be specifically addressed in
this LCP. Other applicable policies of the Act include Sections 30212.5, 30213, 30222,
30223 and 302500(c). Of particular interest is 30222 which states:
"The use of private lands suitable for visitor-serving commercial
recreational facilities designed to enhance public opportunities for coastal
recreation shall have priority over private residential, general industrial, or
general commercial development, but not over agriculture or coastal-
dependent industry."
City of Carlsbad, August J4, 2006 29 Local Coastal Program
Land Use - Mello I Chapter II-1
This section of the Act clearly indicates that sites suitable for visitor-serving commercial
recreational facilities have priority over private residential, general commercial and industrial
uses, but not over agriculture. The Occidental Land, Inc. property located adjacent to 1-5 is
appropriate for visitor-serving facilities. The need for additional visitor-serving facilities in
the Carlsbad area is documented by PRC Toups and its technical background report. If
Occidental elects to develop according to a master plan, it is required to provide 35% of the
commercial uses as visitor-serving. The Commission finds that such a policy is required to
implement Section 30222. The Commission finds that it has protected public recreational
opportunities by encouraging visitor-serving uses.
(6) Visual/Land Resources
Sections 30244, 30251 and 30252 of the Coastal Act address the visual resource issues. In
response to these Sections of the Coastal Act, PRC Toups recommends several actions,
including:
D sign control;
D parking requirements;
D implementation of the Scenic Preservation Overlay Zone of the City of Carlsbad on
the Occidental Land, Inc. property:
n preservation of natural vegetation on steep slopes; and
D preservation/mitigation of archaeological resources.
The purpose of these recommendations is to ensure that visual, archaeological and natural
resources are protected, preserved or where necessary mitigated prior to construction; and,
that new development will not visually degrade the area. This is of particular concern to the
Occidental Land, Inc. property, adjacent to 1-5 a major coastal access route. Rancho La
Costa property, which is in the viewshed of Batiquitos Lagoon is adequately protected by the
erosion control standards discussed above. These standards will require development to be
sited away from the visible steep slopes.
Additional conditions on sign control will minimize visual obstruction of coastal views
associated with unnecessary large signs.
(7) Public Access
Public access pursuant to Sections 30210 through 30214 was not appropriate for two reasons.
First, none of the properties are located between the shoreline and the first public road and
thus provided no opportunity for direct physical access to the shoreline. Second, the
properties covered by this LCP are not contiguous and provide no access to shoreline, and
thus access could not have been provided internally within the LCP boundaries or under the
express requirements of Section 30212. Therefore, the Commission finds that the
requirement of Public Resources Code Section 30500(a) that each land use plan contain a
"specific public access component" is not relevant to this LCP.
City of Carlsbad, August 14, 2006 , 30 Local Coastal Program
Land Use - Mello I Chapter II-l
(8) Alternatives to the Proposed Project
The Commission's regulations and the California Environmental Quality Act Section 21000
et seq. require an analysis of feasible less environmentally damaging alternatives to projects
(Section 21002). The three basic alternatives under consideration are (1) the Toups
recommendation; (2) the Regional Staff recommendation; and (3) the State staff
recommendation. The Commission concludes that its specific findings on agriculture and
environmentally sensitive habitat areas contained herein meet the CEQA requirements for
analyzing feasible alternative that may be less environmentally damaging. The Commission
has required additional drainage measures to mitigate the adverse effects of residential
development on Batiquitos Lagoon and has found that such measures are feasible by using
development agreements or other measures to distribute the expenses of such measures
equitably among property owners.
(9) Effect of Commission Action
The Commission finds that Parts I - IV and VI of the staff recommendation adopted
September 18, 1980, the revised policies and findings herein, and the implementing
ordinances included as Attachments 1 through 5 and incorporated herein by this reference are
the certified LCP and constitute for all purposes of the Coastal Act the certified LCP for the
properties included in the Mello Bill. Pursuant to Section 30519 and the Section 00140 of
the LCP implementing regulations, the certified LCP is effective on the date of this decision.
The actual transfer of coastal development permit issuing authority shall take place upon
receipt of a resolution from the Carlsbad City Council indicating that it has adopted the
procedural ordinance contained in Attachment 5. Prior to receipt of the resolution indicating
that the ordinance is in effect and the City is ready to undertake the permit-issuing
responsibilities based on the certified LCP, landowners may apply to the Commission for
coastal development permits to be reviewed and issued pursuant to the Land Use Plan
policies and the implementing ordinances contained herein.
City of Carlsbad, August 14, 2006 31 Local Coastal Program
Land Use - Mello t Chapter H-l
Exhibit 3.3 - Map X - Non-Prime Agricultural Lands
City of Carlsbad, August 14, 2006 32 Local Coastal Program
Land Use - Mello I Chapter H-1
Exhibit 4.2 Soil Classification
legend
ClMt II soils
Cl*M 111 Wilt
tlftf IV MtllS
CIMt V-V11I »IU
not*: no clui t Mill occarIn Ibc Hupped *rt»
of Carlsbad, August 14, 2006 33 Local Coastal Program
Land Use - Mello H Chapter JI-2
11-2 MELLO II
A. Background
1. Land Use Policy Plan Format
This document contains all land use policies for development and conservation of coastal
land and water areas within the geographic area described in Section 30171 of the Public
Resources Code (Coastal Act). This plan has been prepared by the staff of the California
Coastal Commission, with assistance and professional services provided by the firm of PRC
Toups Corporation, as required by the provisions of AB1971 (Mello), adopted by the State
Legislature in 1980. Mello II was adopted on July 1, 1982. This plan also reflects the City
sponsored amendment that affected agricultural preservation and the treatment of steep
slopes. The City's amendment was approved by the Commission on October 24, 1985.
B. Land Use Policies
1. LAND USE PLAN
The Land Use Policy Plan, which is the "land use plan" of the Local Coastal Program (LCP)
for this area of Carlsbad, is divided into the following policy areas:
Allowable Land Uses
Agriculture
Environmentally Sensitive Habitat Areas
Geologic, Floodplain, and Shoreline Hazard Areas
Public Works and Public Services Capacities
Recreation and Visitor-Serving Uses
Shoreline Access
Scenic and Visual Resources
Exhibits
NOTE: The following is an unofficial listing of Mello II LCP Segment Policies. This listing
can provide a quick reference to applicable LCP policies.
LOCAL COASTAL PROGRAM: MELLO II SEGMENT LAND USE PLAN
LOCAL COASTAL PROGRAM BOUNDARY EXHIBIT 1
LAND USE: MELLO II SEGMENT (AB 1971) EXHIBIT 2.2
Policy 1-1 ALLOWABLE LAND USES (MELLO II)
Policy 1-2 MAXIMUM DENSITY OF DEVELOPMENT
City of Carlsbad, August 14, 2006 34 Local Coastal Program
Land Use - Mello II Chapter 11-2
2. AGRICULTURE
Policy 2-1 AGRICULTURE: CONSERVATION OF COASTAL
AGRICULTURAL LANDS
(a) Basic Agricultural Policies
(1) Coastal Agriculture
(2) Conversion of Coastal Agriculture
(3) Conversion Options
Option 1 - Mitigation
Option 2 - Determination of Agricultural Feasibility
Option 3 - Agricultural Conversion Mitigation Fee
(4) Underlying Urban Designations of Coastal Agriculture
(5) Conversions of Coastal Agriculture Inconsistent with
Underlying Urban Designation
(b) Designated Coastal Agricultural Lands
(c) Permitted Uses on Designated Coastal Agricultural Lands
(1) On Class I-IV Agricultural Lands
(2) On Class V-VIII Agricultural Lands
Policy 2-2 "MIXED-USE" DEVELOPMENT
(a) Basic Permitted Uses on Existing Legal Parcels
(b) Conditional Uses and Land Divisions
(1) On Class I-IV Agricultural Lands
(2) On Class V-VIII Agricultural Lands
(c) Uses Conditionally Permissible Pursuant to Development of all Legal Parcels as a
Single Unit Subject to a Master Plan
Policy 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT
DESIGNATED COASTAL AGRICULTURE
(a) State owned parcel northerly of the intersection of Palomar Airport Road and
Carlsbad Boulevard
(b) Burroughs & Ecke Parcels
(c) Ukegawa parcel
City of Carlsbad, August 14^ 2006 35 Local Coastal Program
Land Use - Mello II Chapter 11-2
Policy 2-4 SMALL SCATTERED INEFFECTIVE AGRICULTURAL LANDS
Policy 2-5 CITY SUPPORT OF FARM COOPERATIVE/FLOWER AUCTION
Policy 2-6 CITY SUPPORT OF EFFICIENT AGRICULTURAL WATER USAGE
Policy 2-7 CITY SUPPORT OF LOW COST AGRICULTURAL WATER
Policy 2-8 CITY SUPPORT OF AGRICULTURAL DRAINAGE PROJECTS
Policy 2-9 AGRICULTURAL LABOR FORCE
Policy 2-10 CITY SUPPORT OF COUNTY FARM ADVISOR AND AGRICUL-
TURAL COMMISSION
3. ENVIRONMENTALLY SENSITIVE HABITAT AREAS
Policy 3-1 SLOPES AND PRESERVATION OF VEGETATION
Policy 3-2 BUENA VISTA LAGOON
Policy 3-3 BATIQUITOS LAGOON
Policy 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Policy 3-5 KELLY RANCH/MACAR10 CANYON AREA
(a) Maximum Density of Development
(b) Coastal Commission Permit 6-84-617 Agriculture
(c) Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control
(1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub
and Chaparral Plant Communities
(2) Drainage and Runoff Rates
(3) Installation Timing of Drainage and Runoff Control Measures
(d) Park Purposes (Macario Canyon)
(e) Brush Management
(f) Siting/Parking
(g) Roads in Open Space
(h) Other Uses in Open Space
(i) Water Quality
(j) Vista Points
(k) Public Trails
(1) Public Streets/Gated Communities
City of Carlsbad, August J4, 2006 36 Local Coastal Program
Land Use - Mello II Chapter IJ-2
Policy 3-6 ENVIRONMENTALLY SENSITIVE HABITAT AREAS
Policy 3-7 WETLANDS AND RIPARIAN RESOURCES
Policy 3-8 BUFFER ZONES
4. GEOLOGIC, FLOODPLAIN, AND SHORELINE HAZARD AREAS
Policy 4-1 COASTAL EROSION
(a) Development Along Shoreline
(b) Beach Sand Erosion
(c) Shoreline Structures
(d) Undevelopable Shoreline Features
Policy 4-2 LANDSLIDES AND SLOPE INSTABILITY
Policy 4-3 ACCELERATED SOIL EROSION
(a) Areas west of 1-5 and the existing Paseo Del Norte, and along El Camino Real
upstream of existing storm drains
(b) All other areas
(1) Slopes possessing endangered species and/or Coastal Sage Scrub and
Chaparral plant communities
(2) All Other Steep Slope Areas
(3) Required Runoff Control Plan
(4) Required Drainage or Erosion Control Facility Maintenance
Arrangements
(5) Installation and Timing of Permanent Runoff and Erosion Control
Devices
(6) Required Open Space Easements on Undeveloped Slopes
Policy 4-4 REMOVAL OF NATURAL VEGETATION
Policy 4-5 SOIL EROSION CONTROL PRACTICES
Policy 4-6 "SEDIMENT CONTROL" PRACTICES
Policy 4-7 FLOOD HAZARDS
(a) Storm Drainage Facilities in Developed Areas
(b) City's Grading Ordinance
City of Carlsbad, August 14, 2006 37 Local Coastal Program
Land Use - Mello II Chapter II-2
(c) Storm Drainage Facilities in Undeveloped Areas
(d) Financing New Drainage Facilities
(e) 100-Year Floodplain
(f) City of Carlsbad Drainage Master Plan
Policy 4-8 SEISMIC HAZARDS
5. PUBLIC WORKS AND PUBLIC SERVICES CAPACITIES
Policy 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM
Policy 5-2 FUTURE SEWAGE TREATMENT
Policy 5-3 UNTREATED RECLAIMED WATER
Policy 5-4 TEN PERCENT RESERVE SEWAGE CAPACITY FOR COASTAL
DEPENDENT RECREATION FOR VISITOR-SERVING USES
Policy 5-5 POINSETTIA LANE
6. RECREATION AND VISITOR-SERVING USES
Policy 6-1 ADDITIONAL CITY PARKS
Policy 6-2 REGIONAL PARK
Policy 6-3 ENCINA FISHING AREA
Policy 6-4 NEED FOR ADDITIONAL OVERNIGHT CAMPING
Policy 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS, AND VISITOR
SERVING USES
Policy 6-6 ADDITIONAL VISITOR-SERVING FACILITIES AT ELM AVENUE
AND CARLSBAD BOULEVARD
Policy 6-7 SMALL BOAT LAUNCHING FACILITY AT SOUTH CARLSBAD
STATE BEACH
Policy 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND
EAST END OF BUENA VISTA LAGOON
Policy 6-9 PROPERTIES FRONTING CARLSBAD BOULEVARD ADJACENT TO
AND INCLUDING SOUTH CARLSBAD STATE BEACH
City of Carlsbad, A ugust 14, 2006 38 Local Coastal Program
Land Use-Melloll Chapter 11-2
1. SHORELINE ACCESS
Policy 7-1 CYPRESS AVENUE AND OCEAN STREET AREA
Policy 7-2 SHORELINE ACCESS SIGNAGE
Policy 7-3 ACCESS ALONG SHORELINES
Policy 7-4 CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD AREA
Policy 7-5 ACCESS ON SOUTH CARLSBAD STATE BEACH
Policy 7-6 BUENA VISTA LAGOON
Policy 7-7 ENCINA POWER PLANT SHORE AREA
Policy 7-8 NORTH END OF OCEAN STREET
Policy 7-9 SOUTH CARLSBAD STATE BEACH - PARKING
Policy 7-10 PARKING
Policy 7-11 STATE BEACH LANDS
Policy 7-12 SEAWARD OF OCEAN STREET
Policy 7-13 VISUAL ACCESS
Policy 7-14 VERTICAL SHORELINE ACCESSWAY WIDTH
Policy 7-15 SOUTH CARLSBAD STATE BEACH: CONVERSION TO A DAY USE
BEACH, AND VERTICAL ACCESS ON MACMAHON PROPERTY
8. SCENIC AND VISUAL RESOURCES, HISTORIC RESOURCES
Policy 8-1 SITE DEVELOPMENT REVIEW
Policy 8-2 POTENTIALLY HISTORIC STRUCTURES
Policy 8-3 INFILL DEVELOPMENT DESIGN REVIEW
Policy 8-4 ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES
Policy 8-5 SIGNAGE
City of Carlsbad, August 14, 2006 39 Local Coastal Program
Land Use-MelloII Chapter 11-2
9. EXHIBITS
1. Boundary Local Coastal Program
1.1 Boundary: Mello I Segment (AB 462)
1.2 Boundary: Mello II Segment (AB 1971)
2.2 Land Use: Mello II Segment (AB 1971)
3.3 Coastal Agriculture Overlay Zone
4.2 Generalized Agricultural Soils: Class I-IV, V-VIII
4.5 First Row of Lots Bordering Buena Vista Lagoon/May Co. Properties
4.9 Recreation & Visitor-Serving Uses
(a) Encina Fishing Area - Policy 6-3
(b) 40 Acres of Visitor-Serving Use - Policies 6-5 and 6-6
(c) Fronting Carlsbad Boulevard adjacent to and including South Carlsbad State
Beach - Policy 6-9
4.10 Shoreline Access
Policy 1-1 ALLOWABLE LAND USES (MELLO 11)
Allowable uses are those that are consistent with both the General Plan and the Local Coastal Program.
Policy 1-2 MAXIMUM DENSITY OF DEVELOPMENT
Residential densities shall be permitted and based on the underlying LCP land use designation. The
residential land use designations shall represent the maximum density permitted subject to application of
requested density bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable
resource protection provisions of the certified LCP.
City of Carlsbad, August 14, 2006 40 Local Coastal Program
Land Use - Mello U Chapter 11-2
2. AGRICULTURE
Policy 2-1 CONSERVATION OF AGRICULTURAL LANDS
(a) Basic Agricultural Policies
(1) Coastal Agriculture:
Consistent with the provisions of Sections 30241 and 30242 of the Coastal Act, it is the policy of
the City to contribute to the preservation of the maximum amount of prime agricultural land
throughout the coastal zone by providing for the balanced, orderly conversion of designated non-
prime coastal agricultural lands. Non-prime agricultural lands identified on Map X. including the
301.38 acre Carltas Property, are designated Coastal Agriculture and shall be permitted to
convert to urban uses subject to the agricultural mitigation or feasibility provisions set forth in
the LCP. Any acreage under the control of a public entity for a public recreation or open space
use shall be exempt from Policy 2-1 and be permitted to convert from an agricultural use without
satisfying one of the three conversion options.
(2) Conversion of Coastal Agriculture:
Conversion of designated coastal agricultural lands shall be permitted provided that: a)
conversion would preserve prime agricultural lands within the statewide coastal zone consistent
with Sections 30241 and 30242 or concentrate new development consistent with Section 30250 of
the Coastal Act; or b) continued or renewed agricultural use is not feasible.
(3) Conversion Options:
Conversion of non-prime coastal agricultural lands shall be permitted pursuant to either Option 1
- Mitigation, Option 2 - (Feasibility Analysis) or Option 3 - Conversion Fee as set forth below in
this policy. Consistent with Section 30242 of the Act, no feasibility analysis shall be required if a
landowner selects Option 1 or Option 3.
Option 1 - Mitigation (Prime Land Exchange)
Non-prime coastal agricultural lands shall be converted to urban use consistent with the Carlsbad
General Plan if, prior to approval of a subdivision map, a mitigation program is in effect that
permanently preserves one acre of prime agricultural land within the statewide Coastal Zone for
each acre of net impacted agricultural land in the LCP that is converted. For purposes of
calculating required mitigation acreage, net impacted agricultural lands are the parcels and
acreages designated on Map X and the 301.38 acre Carltas Property and areas containing
sensitive coastal resources that would preclude development.
The standards and procedures for such a mitigation program shall be set forth in LCP
implementing ordinances. Recipients of prime agricultural land interests pursuant to this policy
shall be limited to:
a) local or state agencies; or,
City of Carlsbad, August 14, 2006 41 Local Coastal Program
Land Use-MelloU Chapter11-2
b) tax exempt organizations whose principal charitable purposes are consistent with the
agricultural mitigation program and qualify under Section 501(c)(3) of the U.S. Internal
Revenue Code. Further, mitigation priority shall be given to preserving prime agricultural
lands in the coastal zones of counties selected by the State Coastal Conservancy for pilot
programs funding, and other counties with similarly qualified programs.
Option 2 - Determination of Agricultural Feasibility
If the feasibility of continued agriculture is questionable, either the City or involved landowners
may complete an agricultural feasibility study for: a) all coastal agricultural lands in the LCP; b) 3
or 4 subareas (See Exhibit 3.3) which constitute logical subunits; or, c) contiguous landholdings
in a single ownership of at least 100 acres. If Option 2 is selected, that portion of the study area
determined to be feasible for continued agriculture, if any, may be converted upon request of the
landowner to urban use subject to compliance with the provisions of Option 1 above. That
portion of the study area determined not to be feasible for continued agriculture could be
converted only after: a) the City approves the feasibility study; b) an LCP amendment is prepared
and submitted to the Coastal Commission that provides for the conversion; and c) the Coastal
Commission certifies the LCP amendment as to its conformance with the Coastal Act.
Option 3 - Agricultural Conversion Mitigation Fee
In lieu of the procedures established by subsection B or subsection C of this section, property
may be converted to urban uses upon payment of an agricultural conversion mitigation fee.
This fee is separate and distinct from the mitigation fee established by Section 301717.5 of the
Public Resources Code, which applies to certain properties outside the Mello I and Mello II
segments of the City's local coastal program, is collected and administered by the State Coastal
Conservancy and has different expenditure priorities.
The amount of the fee shall be determined by the City Council at the time it considers a Coastal
Development permit for urban development of the property. The fee shall not be less than five
thousand dollars nor more than ten thousand dollars per net converted acre of agricultural land
and shall reflect the approximate cost of preserving prime agricultural land pursuant to subsection
B of this section. The fees shall be paid prior to the issuance of building permits for the project.
All mitigation fees collected under this section shall be deposited in the City of Carlsbad LCP
Agricultural Mitigation Fees Fund and shall be expended by the City of Carlsbad subject to the
recommendations of an advisory committee to be established by City Council action. The
advisory committee shall have city and Coastal Conservancy staff and community representation.
The intent is not to establish priorities for Program use, but rather to promote equitable
distribution amongst the allowable uses outlined below. The advisory committee may also
develop policies or procedures for the review of requests and the allocation of funds. The
allowable uses for the Agricultural Mitigation Fees are:
a) Restoration of the coastal and lagoon environment including but not limited to
acquisition, management and/or restoration involving wildlife habitat or open space
preservation.
b) Purchase and improvement of agricultural lands for continued agricultural production,
or for the provision of research activities or ancillary uses necessary for the continued
City of Carlsbad, August 14, 2006 42 Local Coastal Program
Land Use - Mello II Chapter11-2
production of agriculture and/or aquaculture in the City's Coastal Zone, including but
not limited to farm worker housing.
c) Restoration of beaches for public use including but not limited to: local and regional sand
replenishment programs, vertical and lateral beach access improvements, trails, and other
beach-related improvements that enhance accessibility, and/or public use of beaches.
d) Improvements to existing or proposed lagoon nature centers.
For purposes of implementation, neither Option 1 nor Option 2 nor Option 3 shall have priority
over the other.
(4) Underlying Urban Designations of Coastal:
To maximize and expedite the preservation of prime agricultural lands throughout the state
coastal zone, all parcels designated coastal agriculture in the LCP including the 301.38 acre
Carltas Property shall have an underlying urban land use designation as identified on Map Y, and
the Carlsbad Ranch Specific Plan. Conversions of coastal agriculture land permitted by the City
in conformance with either Option 1 or Option 2 or Option 3 as set forth in Policy 2 shall be
consistent with the land use designations on Map Y and the Carlsbad Ranch Specific Plan.
(5) Conversions of Coastal Agriculture Inconsistent with Underlying Urban Designations:
Conversions of parcels designated coastal agriculture that are requested for uses other than the
underlying land use designation on Map Y and the Carlsbad Ranch Specific Plan shall be subject
to an LCP amendment to allow the City and Coastal Commission to determine the consistency of
proposed urban uses with other applicable provisions of the LCP and the Coastal Act.
(b) Designated Coastal Agricultural Lands
"Designated Coastal Agricultural Lands" are those agricultural lands identified on Map X (See
Exhibit 3.3) attached to the Land Use Plan certified on October 24, 1985. The following are the
lands identified on Map X (See Exhibit 3.3):
Approximate Acres
Site II
Site III
Site IV
Lusk
Bankers
Hunt (Mello I LCP Segment)
Carltas
TOTAL:
377
275
109
93
27
200
301.38
1,382,38
(c) Permitted Uses on Designated Coastal Agricultural Lands
The land uses described below shall apply to any designated coastal agricultural land which has
not been approved for development.
City of Carlsbad, August 14, 2006 43 Local Coastal Program
Land Use - Mello II Chapter 11-2
(1) On any Class I through Class IV Agricultural Lands: (See Exhibit 4.2) the following uses
only are permitted:
a) Cattle, sheep, goats and swine production, provided that the number of any one or
combination of said animals shall not exceed one animal per half acre of lot area.
Structures for containing animals shall not be located within fifty feet of any
habitable structure on the same parcel, nor within three hundred feet of an
adjoining parcel zoned for residential uses.
b) Crop production.
c) Floriculture.
d) Horses, private use.
e) Nursery crop production.
f) Poultry, rabbits, chinchillas, hamsters and other small animals, provided not more
than twenty-five of any one or combination thereof shall be kept within fifty feet
of any habitable structure, nor within three hundred feet of an adjoining parcel
zoned for residential uses.
g) Roadside stands for display and sale of products produced on the same premises,
with a floor area not exceeding two hundred square feet, and located not nearer
than twenty feet to any street or highway.
h) Tree farms,
i) Truck farms.
j) Wildlife refuges and game preserves.
k) Other uses or enterprises similar to the above customarily carried on in the field of
general agriculture including accessory uses such as silos, tank houses, shops,
barns, offices, coops, stables, corrals, and similar uses required for the conduct of
the uses above.
1) One single family dwelling per existing legal building parcel.
(2) On any Class V through VIII Agricultural Lands (See Exhibit 4.2) the following uses only
are permitted:
a) All of the permitted uses listed above.
b) Hay and feed stores.
c) Nurseries, retail and wholesale.
d) Packing sheds, processing plants and commercial outlets for farm crops, provided
that such activities are not located within 100 feet of any lot line.
e) Greenhouses, provided all requirements for yard setbacks and height as specified
in Chapter 21.07 of the Code are met.
POLICY 2-2 LCPA 90-08 CARLSBAD RANCH SPECIFIC PLAN "MIXED-USE"
DEVELOPMENT
This policy provides conditional development standards for the area of approximately 423 acres north of
Palomar Airport Road, east of Paseo del Norte, and east of Car Country Drive (See Exhibit 4.3). All
such lands owned either by Carltas or Ecke or their successors in interest shall be permitted, pursuant to
approval of a Specific Plan to convert certain agricultural lands to residential and/or non-residential
(including tourist-serving commercial) development as a means of providing supplementary uses which
will assist in the retention of agricultural and public recreation uses on the remaining portions of these
City of Carlsbad, A ugust 14, 2006 44 Local Coastal Program
Land Use - Mello II Chapter 11-2
parcels. It should be noted that residential uses are possible only where they do not conflict with the
Airport Influence Area and where they are compatible with adjacent uses.
(a) Basic Permitted Uses on Existing Legal Parcels. Where each existing legal parcel as of July 14,
1987, (See Exhibit 4.3) is developed individually, permitted uses shall be those described above
in Policy 2-1 C Permitted Uses on Designated Coastal Agricultural Lands.
(b) Uses Conditionally Permissible Pursuant to the Development of the Entire Area Subject to a
Specific Plan.
(1) Consistent with the Carlsbad General Plan residential, commercial (including tourist
serving commercial), and other non-residential uses may be developed on up to 92.6
acres of the approximately 423 acre site subject to a Specific Plan for the entire site.
Development of land within the Agricultural Preserve will be subject to the provisions of
the Williamson Act and specifically the Land Conservation Contract in effect at the time
of development. Additional acreage beyond the 92.6 acres shall be permitted to be
developed subject to approval of a Local Coastal Program Amendment, Specific Plan
Amendment and compliance with Policy 2-1 of the Mello II Land Use Plan.
(2) Development shall be clustered 'along Palomar Airport Road, Paseo del Norte, and
Cannon Road and clustered on the first major ridge area as designated on Exhibit 4.3 A.
(3) Any amendment to the location of the developable area shall be required to prove that
the new area for development is not more suitable for agriculture than the previously
developable area. The intent of this requirement is to cluster development on lands least
suitable for agriculture.
(4) All remaining lands as shown on Exhibit 4.3 shall as a condition of the Specific Plan be
preserved in agriculture and/or public recreation for as long as feasible. Feasibility shall
be determined for the entire area covered by this restriction. Further, feasibility shall be
subject to the requirements of the Mello II Coastal Agricultural Overlay Zone Section
21.82.060(c).
(5) Pursuant to Section 51257 of the Government Code, the boundaries of the lands
designated for agriculture may be amended.
Item No. 6 on page 8 of Exhibit "C" which deals with the amendment to the Local
Coastal Plan was received by CCC action to read as follows:
(6) As an interim step (prior to a complete Specific Plan) up to a 35 acre portion of the 137
acres of developable land located adjacent and easterly to Phase I of Carlsbad Car
Country may be developed as a Phase II expansion of Carlsbad Car Country pursuant to
a Specific Plan.
(7) The 92.6 acres of developable land includes the remaining developable portion of the
original 482 acre site (See Exhibit 4.3A) that has not been developed.
City of Carlsbad, August 14, 2006 45 Local Coastal Program
Land Use - Mello II Chapter II-2
(8) The Specific Plan shall provide a mix, location and intensity of land uses that are
compatible with and will not adversely impact the long term viability of agricultural
and/or public recreation uses.
(9) All development shall include special treatment buffers either through design or through
physical barriers that stabilize the urban-agricultural boundaries and limit to a level of
insignificance agricultural impacts on the urban uses.
(10) All tenants of developable portions of the site shall be notified as to the requirements of
the Specific Plans and agricultural uses on the designated land,
(11) In implementing the Specific Plan all land owners and tenants within the 423 acre site
shall waive any right to file nuisance claims against normal agricultural operations.
(12) All development shall be located so as to not interfere with normal agricultural
operations including but not limited to cultivation, irrigation, and spraying.
(13) As a condition of approval of either the Specific Plan or the Specific Plan for the Phase II
expansion of Carlsbad Car Country, whichever occurs first, the property owners (CarJtas
and/or Ecke or their successors in interest) shall record a deed restriction endorsed by the
Coastal Commission or it successor in interest and the City of Carlsbad that the
agricultural lands identified on Exhibit 4.3 are designated for agricultural uses and any
modification of use shall require an LCP amendment. As a condition to any amendment
to the developable area, the property owner shall execute an amendment to the deed
restriction reflecting the modification to restricted and unrestricted lands.
(14) It is recognized that roads can function as buffers between dissimilar land uses as well as
providing access to uses. Therefore, roads may be located entirely or partially or not at
all within areas designated for agricultural use. The decision to include or exclude
(either partially or entirely) roads shall be a condition of the coastal development permit
that includes the construction of the road.
(15) In order to tie the eastern and western agricultural areas together the proposed
north/south road shall incorporate a grade separation at its northerly portion. The grade
separation shall be of sufficient dimensions to allow farm vehicles and equipment to
move freely between the east and west and shall remain in place so long as agriculture is
continued east and west of the north-south road.
(16) Concurrent with the construction of the proposed north/south road the developer shall
grade area Y as shown on Exhibit "A," subject to the satisfaction of the Planning
Director so as to create an area level enough to allow the same type of agriculture that
occurs westerly of the west ridge to continue around the ridge on the south facing slopes
of said ridge. In order to ensure agricultural viability the developer shall amend the soils
after grading the area to be equivalent to the existing Class III Marina soils in capability.
(17) All structures to be located in the future developable area shall be set back a minimum of
25 feet from the adjacent area designated for agriculture.
City of Carlsbad, A ugust 14', 2006 46 Local Coastal Program
Land Use-MelloII Chapter JI-2
(18) A solid wall or fence shall be installed around the entire perimeter of the developable
area. The wall (fence) shall be a minimum 6 feet in height and shall be incorporated into
the grading where feasible. The intent of this measure is to provide a physical barrier
between agricultural and urban uses. The wall or fence shall function to both restrict
uncontrolled access into agricultural areas and to reduce drift of dust and spray materials
into urban areas. The perimeter wall or fence shall be constructed concurrent with
development of the property, except that, if the road is built in one phase, which would
open the access through the agricultural lands, an appropriate barrier shall be
incorporated along the roadway. Alternative forms of barriers may be considered
provided they satisfy the intent of this measure.
(19) Windbreaks (landscaped) shall be installed on the developable portions to aid in reducing
the effects of farm spraying and dust generation.
(20) Landscape plant material in the developable area shall be selected for resistance to pests,
particularly aphids, thrips, white fly and spider mites. Landscape plantings shall be
inspected routinely for presence of pests and treated as required to control them. All
pests shall be eliminated by means that do not adversely impact agricultural crops.
(21) Landscaping with herbaceous plantings shall be discouraged, since they are likely to be
hosts of the pests likely to invade the farm crops.
(22) Drainage water from buildings, streets, parking areas and landscape in the development
shall be disposed of through storm drains or otherwise in a manner that will avoid any
runoff onto farming areas whether planted or fallow.
(23) If development of the proposed developable portion impacts water rates on the
agricultural land then the developer shall subsidize the water rates to the extent that they
equal farm water rates.
(24) The developer shall notify in a manner satisfactory to the City Attorney all tenants/users
of this proposed developable portion that the area is subject to dust, pesticides, and odors
associated with adjacent farm operations and that the tenants/users occupy the area at
their own risk.
(25) The cost of the above mitigation measures shall be borne by the developer and shall not
be passed on to the agricultural operators (existing or future). For all agricultural land
that Carltas or its successor in interest chooses not to farm on a yearly basis, a reasonable
effort shall be made to offer the agricultural land for lease or rent at a value equal to or
less than the average prevailing market rents for similarly situated coastal agricultural
land found within a 30 mile radius of the Carltas property.
(26) As part of a farm operator's lease, there shall be a requirement to keep dirt roads watered
regularly to minimize dust impacts on crops as well as on adjacent non-agricultural uses.
City of Carlsbad, August 14, 2006 47 Local Coastal Program
Land Use-Melloll Chapter 11-2
POLICY 2-3 LANDS HISTORICALLY IN AGRICULTURE YET NOT DESIGNATED
COASTAL AGRICULTURE
The following properties which have been in agricultural production in the past shall be permitted to
convert to urban uses. Because of unique circumstances associated with these parcels, conversion to
urban uses would not create any significant adverse impact on the area's agricultural economy, directly
or indirectly, and such conversion would therefore not require the mitigation.
(a) State owned parcel northerly of the intersection of Palomar Airport Road and Carlsbad
Boulevard
The 20-acre parcel owned by the State of California, APN 210-09-7, located west of the AT&SF
Railroad tracks at the Palomar Airport Road/Carlsbad Boulevard interchange, may be converted to
Public Recreation use. This property is surrounded by major streets and the railroad, with residential
development conflicts arising on the northern and western boundaries. The site will be needed for beach
parking facilities as the demand for beach access increases in the future. The property should remain in
agricultural production until such time as parking facilities can be constructed by the State of California.
Approximately 1,500 parking spaces could be provided on the site, giving excellent public access to the
entire stretch of underdeveloped South Carlsbad State Beach. (See also Policy 7-9)
(b) Burroughs and Ecke Parcels.
The 50-acre parcel owned (APN 210-09-0) by Burroughs Corporation and the 6-acre parcel (APN 210-
09-0) owned by Ecke located south of Cannon Road between 1-5 and the AT&SF Railroad tracks may be
converted to commercial uses. These properties are in effect isolated vacant properties within a
developed commercial area. The San Diego Gas and Electric Co. power plant is located to the north, a
major retail commercial development ("Car Country") is immediately across the freeway to the east,
industrial development is on the southern boundary, and residential development is to the west separated
by the AT&SF Railroad tracks and the State-owned property described in Policy 2-3 a. above.
(c) Ukegawa Parcel.
The 13.89 acre parcel (APN 212-040-25) owned by Ukegawa, located on the south side of Palomar
Airport Road, may be converted to industrial uses that should be supportive of the agricultural economy.
The site has not been in use for field crop production for many years, and has been the subject of
numerous authorized and unauthorized fills in recent years. Because of the substantial importation off]]]
dirt, the site cannot be designated as possessing agricultural soils. Because of the access available to
Palomar Airport Road on the parcel, and its location between agricultural lands and developed industrial
uses to the east, the site shall be designated for Planned Industrial use, and should be developed for
agricultural processing purposes. Conversion of these parcels to urban uses will complete the
development of established developed areas, thereby contributing to the creation of stable urban/rural
boundaries. Such conversion should reduce market pressures for the conversion to urban uses of other
agricultural lands suitable for continued agricultural production.
POLICY 2-4 SMALL SCATTERED INEFFECTIVE AGRICULTURAL LANDS
Approximately 100 acres of agricultural use are located in scattered parcels along El Camino Real both
north and south of Aqua Hedionda Lagoon. The small individual size of these parcels, together with the
City of Carlsbad, August 14, 2006 48 Local Coastal Program
Land Use - Mello II Chapter tt-2
fact that they are not contiguous, precludes their effective use as agricultural land in the future. These
lands are therefore designated for residential development, at a maximum density of one dwelling unit
per acre as rural residential estate Section 21.09 or as residential agriculture zone, Section 21.08 of
Carlsbad Zoning Ordinance, No further land divisions shall be allowed in the area under current
agricultural production except in compliance with these policies.
POLICY 2-5 CITY SUPPORT OF FARM COOPERATIVE/FLOWER AUCTION
The City supports the efforts of the floriculture industry and/or the University of California Extension
Service to establish a farm cooperative and/or flower auction in the North San Diego County area.
POLICY 2-6 CITY SUPPORT OF EFFICIENT AGRICULTURAL WATER USAGE
The City will take measures to reduce the reliance of agricultural users on imported water. The City will
seek reductions in per capita water consumption and will support efforts at reclaiming sewage effluent
for re-use in agricultural production, and will seek to capture runoff waters in appropriate areas for use
in agricultural production.
POLICY 2-7 CITY SUPPORT OF LOW COST AGRICULTURAL WATER
The City supports the policy of the Metropolitan Water District and its member agencies to provide
water to agricultural users at a lower rate than to domestic users, and recommends that the Metropolitan
Water District offer its agricultural water rate only to lands designated for agricultural use in the Land
Use Element of the General Plan of the City. The City also encourages the San Diego County Water
Authority and the local retail water agencies to consider additional reductions in the agricultural water
rate.
POLICY 2-8 CITY SUPPORT OF AGRICULTURAL DRAINAGE PROJECTS
The City will support proposals for public expenditures for minor drainage improvements and other
similar projects which are designed to make land more suitable for agricultural use, within areas
designated in the Land Use Element of the General Plan for continued agricultural use.
POLICY 2-9 AGRICULTURAL LABOR FORCE
The City intends to keep the Federal Government well-informed regarding local agriculture's reliance on
a foreign labor force, and will ensure that Federal officials are cognizant of local needs so that any
contemplated changes in Federal immigration laws or policies wiJ] not be made without consideration of
those needs.
POLICY 2-10 CITY SUPPORT OF COUNTY FARM ADVISOR AND AGRICULTURAL
COMMISSION
The City will continue to support the County Farm Advisor and the Agriculture Commissioners in their
respective educational and regulatory roles intended to provide advice to agriculturists and home
gardeners, to direct the 4-H program, and to ensure that pesticides are properly used.
City of Carlsbad, August 14, 2006 49 Local Coastal Program
Land Use - Mello II Chapter 11-2
3. ENVIRONMENTALLY SENSITIVE HABITAT AREAS
POLICY 3-1 CARLSBAD HABITAT MANAGEMENT PLAN
Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for
farming. These areas exhibit a large number and diversity of both plant and animal species, several of
which are threatened because of extensive conversion of mixed Chaparral and.Coastal Sage Scrub
habitats to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major
deterrent to soil erosion and attendant difficulties.
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citywide program to identify how
the city, in cooperation with federal and state agencies, can preserve the diversity of habitat and protect
sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program
(MHCP). The MHCP will establish a coordinated habitat preserve system to protect listed species and
rare native vegetation while accommodating regional development needs. The HMP provides a
comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along
with appropriate criteria for development requirements and delineation of development/preservation
boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition,
preservation and mitigation requirements, as well as enforceable monitoring, remediation, and an
adequately funded maintenance program for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in
part, "(e)nvironmentally sensitive habitat areas shall be protected against any significant disruption of
habitat values..." Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the
Coastal Act as "any area in which plant or animal life or their habitats are either rare or especially
valuable because of their special nature or role in an ecosystem and which could be easily disturbed or
degraded by human activities and developments."
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other plans
affecting ESHA, where the noncomprehensive nature of the plans and lack of regional resource
protection standards require more stringent limitations to coastal ESHA impacts for individual sites. The
clustering and concentration of development away from sensitive areas that will result from the proposed
standards contained in the HMP and identified in the policies below will provide a larger, more
contiguous preserve area than if development on the same properties were to be approved on a lot-by-lot
basis.
3-1.1 Habitat Management Plan
The document titled "Habitat Management Plan for Natural Communities in the City of Carlsbad,
December 1999 with Two Addenda" (hereafter referred to as HMP) is incorporated herein by reference.
The Second Addendum dated December 2002 contains additional conservation standards and habitat
protection policies that apply within the Coastal Zone. The HMP has been developed so as to implement
and be consistent with all other provisions of this LCP, as amended. Any changes to the HMP that affect
development within the coastal zone (including, but not limited to, changes to mitigation requirements)
shall be certified by the Coastal Commission as LCP amendments prior to becoming effective.
City of Carlsbad, August 14,2006 • 50 Local Coastal Program
Land Use - Mello II Chapter 11-2
3-1.2 Environmentally Sensitive Habitat Areas (ESHAJ
Pursuant to Section 30240 of the California Coastal Act. environmentally sensitive habitat areas, as
defined in Section 30107.5 of the Coastal Act, shall be protected against any significant disruption of
habitat values, and only uses dependent on those resources shall be allowed within those areas.
3-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal Zone, due in
part to the presence of the Coastal California gnatcatcher (Federal Threatened) and other species.
Properties containing Coastal Sage Scrub shall conserve a minimum 67% of the Coastal Sage Scrub and
75% of the gnatcatchers onsite, Conservation of gnatcatchers shall be determined in consultation with
the wildlife agencies.
3-1.4 Oak Woodland
Oak woodland is a closed to relatively open stand of trees within which a dominant tree species is a
species of Oak. In coastal southern California, that species is generally Coast Live oak (Quercus
agrifolia), which is commonly found on slopes and riparian situations. Shrubs vary from occasional to
common, and the herb layer is often continuous and dominated by a variety of annual grasses.
3-1.5 Streams
A stream is a topographical feature with a clear bed and bank that periodically conveys water.
3-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic features that convey water, but only during
and shortly after rainfall events in a typical year.
3-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code of
Regulations Section 13577(b), 'wetland' means lands within the coastal zone, which may be covered
periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open
or closed brackish water marshes, swamps, mudflats, and fens. Wetland shall include land where the
water table is at, near, or above the land surface long enough to promote the formation of hydric soils or
to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is
lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface
water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the
substrate. A preponderance of hydric soils or a preponderance of wetland indicator species shall be
considered presumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section 13577 of the
California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall be allowed
except as follows:
City of Carlsbad, August 14, 2006 51 Local Coastal Program
Land Use-MeHoU Chapter 11-2
a. The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be
permitted in accordance with other applicable provisions of this division, where there is no
feasible less environmentally damaging alternative, and where feasible mitigation measures
have been provided to minimize adverse environmental effects, and shall be limited to the
following:
(1) New or expanded port, energy, and coastal-dependent industrial facilities, including
commercial fishing facilities.
(2) Maintaining existing, or restoring previously dredged, depths in existing navigational
channels, turning basins, vessel berthing and mooring areas, and boat launching
ramps.
(3) In wetland areas only, entrance channels for new or expanded boating facilities; and
in a degraded wetland, identified by the Department of Fish and Game pursuant to
subdivision (b) of Section 30411, for boating facilities if, in conjunction with such
boating facilities, a substantial portion of the degraded wetland is restored and
maintained as a biologically productive wetland. The size of the wetland area used
for boating facilities, including berthing space, turning basins, necessary navigation
channels, and any necessary support service facilities, shall not exceed 25 percent of
the degraded wetland.
(4) In open coastal waters, other than wetlands, including streams, estuaries, and lakes,
new or expanded boating facilities and the placement of structural pilings for public
recreational piers that provide public access and recreational opportunities.
(5) Incidental public service purposes, including but not limited to, burying cables and
pipes or inspection of piers and maintenance of existing intakes and outfall lines.
(6) Mineral extraction, including sand for restoring beaches, except in environmentally
sensitive areas.
(7) Restoration purposes.
(8) Nature study, aquaculture, or similar resource dependent activities.
b. Dredging and spoils disposal shall be planned and carried out to avoid significant disruption
to marine and wildlife habitats and water circulation. Dredge spoils suitable for beach
replenishment should be transported for such purposes to appropriate beaches or into suitable
long shore current systems.
c. In addition to the other provisions of this section, diking, filling, or dredging in existing
estuaries and wetlands shall maintain or enhance the functional capacity of the wetland or
estuary. Any lagoon alterations shall be limited to very minor incidental public facilities,
restorative measures, and nature study, if otherwise in accordance with this division.
d. Erosion control and flood control facilities constructed on watercourses can impede the
movement of sediment and nutrients, which would otherwise be carried by storm runoff into
City of Carlsbad, August 14, 2006 52 Local Coastal Program
Land Use - Mello n Chapter 11-2
coastal waters. To facilitate the continued delivery of these sediments to the littoral zone,
whenever feasible, the material removed from these facilities may be placed at appropriate
points on the shoreline in accordance with other applicable provision of this division, where
feasible mitigation measures have been provided to minimize adverse environmental effects.
Aspects that shall be considered before issuing a coastal development permit for such
purposes are the method of placement, time of year of placement, and sensitivity of the
placement area.
3-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 3-J .7, mitigation shall be provided at a ratio of
3:1 for riparian impacts and 4:1 for saltwater or freshwater wetland or marsh impacts.
3-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern Maritime
Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland within the Coastal Zone of
Carlsbad. Mitigation for impacts to any of these habitat types, when permitted, shall include a creation
component that achieves the no net loss standard. Substantial restoration of highly degraded areas
(where effective functions of the habitat type have been lost) may be substituted for creation subject to
the consultation and concurrence of the U.S. Fish and Wildlife Service and the California Department of
Fish and Game (wildlife agencies). The Coastal Commission shal] be notified and provided an
opportunity to comment upon proposed substitutions of substantial restoration for the required creation
component. Development shall be consistent with Policy 3-1.2 of this section, unless proposed impacts
are specifically identified in the HMP; these impacts shall be located to minimize impacts to Coastal
Sage Scrub and maximize protection of the Coastal California gnatcatcher and its habitat.
3-1.10 Upland Habitat Mitigation Requirements
Where impacts to the habitats stated in 3-1.9 are allowed, mitigation shall be provided as follows:
a. The no net loss standard shall be satisfied as stated in 3-1.9. Typically this will consist of
creation of the habitat type being impacted (or substantial restoration where allowed) at a
ratio of at least 1:1 as provided in the HMP.
b. Onsite preservation is not eligible for mitigation credit in the coastal zone. Onsite or off-site
open space preserve areas may be utilized to satisfy required mitigation for habitat impacts
associated with development if the preserve areas are disturbed and suitable for restoration or
enhancement, or they are devoid of habitat value and therefore suitable for the 1:1 mitigation
component requiring creation or substantial restoration of new habitat. Substantial
restoration is restoration that has the effect of qualitatively changing habitat type and may
meet the creation requirement if it restores habitat type that was historically present, but has
suffered habitat conversion or such extreme degradation that most of the present dominant
species are not part of the original vegetation. Substantial restoration contrasts with
enhancement activities, which include weeding or planting within vegetation that retains its
historical character, and restoration of disturbed areas to increase the value of existing habitat
which may meet other mitigation requirements pursuant to the HMP.
City of Carlsbad, A ugttst 14, 2006 53 Local Coastal Program
Land Use-MelloII Chapter 11-2
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:1, with the creation
component satisfying half of the total obligation. The remainder of the mitigation obligation
shall be satisfied pursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be mitigated at
an overall ratio of 3:1, with the creation component satisfying one-third of the total
obligation. The remainder of the mitigation obligation shall be satisfied pursuant to the
provisions of the HMP.
e. Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be
mitigated respectively at ratios of 1:1, 3:1, and 3:1 with the creation component satisfying
the obligation or one-third of the total obligation. The remainder of the mitigation obligation
shall be satisfied pursuant to the provisions of the HMP.
f. Mitigation for impacts within the coastal zone should be provided within the coastal zone if
possible, particularly the 1:1 creation component, in order to have no net loss of habitat
within the coastal zone. Mitigation measures on land outside the Coastal Zone may be
acceptable if such mitigation would clearly result in higher levels of habitat protection and
value and/or would provide significantly greater mitigation ratios, and the mitigation area is
part of the HMP. Land area inside and outside the coastal zone which serves as mitigation
for habitat impacts in the coastal zone shall be permanently retired from development
potential and secured as part of the HMP preserve management plan as a condition of
development approval.
g. Habitat mitigation requirements other than the creation or substantial restoration component
may be partially or wholly fulfilled by acquisition of existing like habitat and/or retirement
of development credits on existing like habitat with permanent preservation as part of the
HMP preserve management plan.
h. All mitigation areas, onsite and offsite, shall be secured with a conservation easement in
favor of the wildlife agencies. In addition, a preserve management plan shall be prepared for
the mitigation areas, to the satisfaction of the City, the wildlife agencies, and the Coastal
Commission. The preserve management plan shall ensure adequate funding to protect the
preserve as open space and to maintain the biological values of the mitigation areas in
perpetuity. Management provisions and funding shall be in place prior to any impacts to
habitat. At a minimum, monitoring reports shall be required as a condition of development
approval after the first and third year of habitat mitigation efforts. The preserve management
plan shall be incorporated into the Implementation Plan of the LCP through an LCP
amendment within one year of Commission certification of the HMP as part of the certified
LCP.
i. If any conflict should arise between these Policies of the LCP and the provisions of the
HMP, the LCP shall take precedence. If any conflict should arise between the policies of the
certified Mello II LUP and the certified Implementation Plan, the policies of the certified
Mello II LUP shall take precedence.
City of Carlsbad, August 14, 2006 54 Local Coastal Program
Land Use-Melloll Chapter 11-2
3-1.11 Highly Constrained Properties
There are properties in the Coastal Zone that are entirely or almost entirely constrained by
environmentally sensitive habitat area (ESHA). In these cases, one of the following additional standards
shall apply:
If more than 80% of the property by area is covered with ESHA at least 75% of the property shall be
conserved, OR
If the City, with the concurrences of the wildlife agencies and the Coastal Commission through an LCP
amendment, approves a Hardline preserve boundary for any of the above-described properties as part of
the HMP, then the amount of onsite preservation as identified in the Hardline boundary shall apply.
3-1.12 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum buffer widths
shall be provided as follows:
a. 100 ft. for wetlands
b'. 50 ft. for riparian areas
c. 20 ft. for all other native habitats (coastal sage scrub, southern maritime chaparral,
maritime succulent scrub, southern mixed chaparral, native grassland, oak woodland)
Any proposed reductions in buffer widths for a specific site shall require sufficient information to
determine that a buffer of lesser width will protect the identified resources. Such information shall
include, but is not limited to, the size and type of the development and/or proposed mitigation (such as
planting of vegetation or the construction of fencing) that will also achieve the purposes of the buffer.
The California Department of Fish and Game, the U.S. Fish and Wildlife Service, and the Coastal
Commission staff shall be consulted in such buffer determinations.
No development, grading, or alterations, including clearing of vegetation, shall occur in the buffer area,
except for:
a. Modification Zone 3 to a maximum of 20 ft. for upland and non-riparian habitat. No fuel
modification shall take place within 50 ft. of riparian areas, wetlands, or oak woodland.
b. For buffer areas 50 ft. or greater in width, recreation trails and public pathways within
the first 15 feet of the buffer closest to the development, provided that construction of the
trail or pathway and its proposed use is consistent with the preservation goals for the
adjacent habitat, and that appropriate measures are taken for physical separation from
sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants. Signage and
physical barriers such as walls or fences shall be required to minimize edge effects of development.
3-1.13 Invasive Plants
The use of invasive plant species in the landscaping for developments such as those identified in Table
12 of the HMP shall be prohibited.
City of Carlsbad, August 14, 2006 55 Local Coastal Program
Land Use - Mello II Chapter II-2
POLICY 3-2 BUENA VJSTA LAGOON
Developments located along the first row of lots bordering Buena Vista Lagoon, including the parcel at
the mouth of the lagoon (See Exhibit 4.5). shall be designated for residential development at a density of
up to 4 dwelling units per acre. Proposed development in this area shall be required to submit
topographic and vegetation mapping and analysis, as well as soils reports, as part of the coastal
development permit application. Such information shall be provided as a part of or in addition to any
required Environmental Impact Report, and shall be prepared by qualified professionals and in sufficient
detail to enable the City to locate the boundary of wetland and upland areas and areas of slopes in excess
of 25%. Topographic maps shall be submitted at a scale sufficient to determine the appropriate
developable areas, generally not less than a scale of 1" - 100' with a topographic contour interval of 5
feet, and shall include an overlay delineating the location of the proposed project. Criteria used to
identify any wetlands existing on the site shall be those of Section 30121 of the Coastal Act and based
upon the standards of the Local Coastal Program mapping regulations, and shall be applied in
consultation with the State Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum setbacks of at
least 100 feet from wetlands shall be required in all development, in order to buffer such sensitive
habitat areas from intrusion unless otherwise permitted pursuant to Policy 3-1.12. Such buffer areas, as
well as other open space areas required in permitted development to preserve habitat areas, shall be
permanently preserved for habitat uses through provision of an open space easement as a condition of
project approval. In the event that a wetland areas is bordered by steep slopes (in excess of 25%) which
will act as a natural buffer to the habitat area, a buffer area of less than 100 feet in width may be
permitted.
The density of any permitted development shall be based upon the net developable area of the parcel,
excluding any portion of a parcel which is in wetlands.
Storm drain alignments as proposed in the City of Carlsbad Drainage Master Plan which would be
carried through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements
comply with the requirements of Sections 30230, 30231, 30233, and 30235 of the Coastal Act by
maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the State
Department of Fish and Game.
Land divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single planned unit
development permit for the entire original parcel.
POLICY 3-3 BAT1OUITOS LAGOON
Erosion, drainage, and sedimentation of Batiquitos Lagoon were previously addressed, in the certified
Local Coastal Program prepared by the Coastal Commission for the areas subject to AB462 (Mello I
Segment) (See Exhibit 1.1). Development within the area which is the subject of that plan AB462
(Mello I Segment), and of AB1971 (Mello II Segment), shall also be required to meet those same
policies. Much of the Batiquitos Lagoon watershed is designated in this plan for continued agricultural
use which does not require a coastal development permit. When a coastal development permit is
required, however, conditions shall be imposed which will assure that the permitted development will be
carried out in a manner that assures protection of the water quality of the Lagoon. Removal of major
vegetation, for instance, requires a coastal development permit, and such permitted activity shall be
conditioned to limit the manner, time, and location of vegetation removal so as to minimize soil erosion.
City of Carlsbad, August 14, 2006 56 Local Coastal Program
Land Use-MelloII Chapter 11-2
Development shall be clustered to preserve sensitive habitat areas and maintain the maximum amount of
permanent open space feasible. At a minimum, the following policies shall regulate development in
areas adjacent to the lagoon:
a) A minimum setback of 100 feet from the wetland shall be required, with the wetland area
determined as described in Policy 3-2, Buena Vista Lagoon on Page 56.
b) At least two-thirds (2/3) of any permitted development shall be clustered on the half of the
property furthest away from the lagoon at the base of the bluff.
c) Existing mature trees shall be preserved.
d) An offer to dedicate land for public recreation use, in favor of the City of Carlsbad or State
Coastal Conservancy and irrevocable for a term of 21 years, shall be required as a condition of
development. The required land dedication shall be of a size adequate to accommodate public
use facilities including some picnic tables and public parking, and shall include a public access
trail parallel to the lagoon shore of at least 15 feet in width with unobstructed views to the
lagoon.
e) To facilitate provision of public use areas and preservation of environmentally sensitive lands,
and to maintain the outstanding visual resources in the area surrounding the lagoon, an additional
density credit of one dwelling unit per acre of developed land shall be provided for each two and
one half per cent (2Vz %) of total lot area, excluding wetlands, which is maintained in open space
and public recreation in excess of fifty per cent (50%) of the total lot area, excluding wetlands.
f) Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single
planned development permit over the entire original parcel. The base residential density shall be
a maximum of 12 dwelling units per gross acre, excluding wetlands, subject to increase as
provided in Policy 3-3 e) above.
POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements;
a) All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of
the City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation
Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following additional
requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must also comply
with the requirements of the Jurisdictional Urban Runoff Management Program (.TURMP) and
the San Diego County Hydrology Manual to the extent that these requirements are not
inconsistent with any policies of the LCP.
b) All graded areas shall be landscaped prior to October 1st of each year with either temporary or
permanent landscaping materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established by December 1 st following the initial planting.
City of Carlsbad, August 14, 2006 57 Local Coastal Program
Land Use - Mello II Chapter 11-2
c) Prior to making land use decisions, the City shall utilize methods available to estimate increases
in pollutant loads and flows resulting from proposed future development. The City shall require
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases in peak runoff
rate.
d). Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies located
at, or as close as possible to, the source (i.e., the point where water initially meets the ground) to
minimize the transport of urban runoff and pollutants offsite and into a municipal separate storm
sewer system (MS4) shall be utilized.
e) Post-development runoff from a site shall not contain pollutant loads which cause or contribute
to an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
i) Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy rnetals,
nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development
g) Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
h) Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed to
meet, infiltrate, filter or treat the runoff produced from each storm event up to and including the
85th percentile 24-hour storm event.
City of Carlsbad, August 14, 2006 58 Local Coastal Program
Land Use - Mello II Chapter 11-2
i) Priority projects will include projects increasing impervious area by more than 2,500 square feet
or by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent to"
and "draining directly to" that are found in the SUSMP.
j) The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
k) The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
1) Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas and
erosive soils), to minimize impacts on water quality of excessive erosion and sedimentation.
Development shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
m) Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square feet
of impermeable surface or increase the impermeable surface on the property by more than 10%.
n) Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within 200
feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a written
report signed by a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
o) Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet
of an ESA, coastal bluff or rocky intertidal areas.
p) The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category of
Priority Project.
q) Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
City of Carlsbad, August 14, 2006 59 Local Coastal Program
Land Use-Melloll Chapter 11-2
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently apply
for an LCP amendment for the changes.
POLICY 3-5 KELLY RANCH/MACARIO CANYON AREA
(a) Maximum Density of Development
Residential densities in the 433-acre Kelly Ranch shall be permitted and based on the underlying LCP
Land Use designation. The residential land use designations shall represent the maximum density
permitted subject to application of requested density bonuses pursuant to Chapter 21.86 of the Carlsbad
Municipal Code and the applicable resource protection provisions of the certified LCP.
Approximately 2.8 acres located adjacent to and west of Cannon Road, CDP 98-47 are designated Open
Space with an interpretive center for Agua Hedionda Lagoon designated as an allowable use.
(b) Coastal Commission Permit 6-84-617 Agriculture
Agricultural preservation policies for the 433-acre Kelly Ranch have been deleted by LCP amendment
of 1-85.
(c) Preservation of Steep Slopes. Sensitive Vegetation and Erosion Control
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to
prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall be
prepared during CEQA environmental review on a project-by-project basis and shall be required as a
condition of a coastal development permit.
(1) Areas and Slopes Possessing Endangered Species and/or Coastal Sage Scrub and
Chaparral Plant communities: For those slopes possessing endangered plant/animal
species and/or coastal sage scrub and chaparral plant communities, the following policy
language applies:
a) Coastal Sage Scrub and Chaparral plant communities shall be preserved in their
natural state within designated open space areas shown on the LCP Kelly Ranch
Open Space map.
b) Restoration of the disturbed areas within the delineated open space shall be
required as a condition of subdivision approval and shall be developed in
consultation with the Department of Fish and Game. The disturbed areas shall be
revegetated and existing vegetation enhanced with native species to serve as
upland transitional habitat to low-lying wetlands and environmentally sensitive
habitat areas north and west of Cannon Road. The restoration and enhancement
plan shall include a maintenance and monitoring component to assure long-term
productivity and continuance of the habitat value.
c) Upon dedication of a conservation easement or in fee -dedication, or upon
recordation of offers to dedicate the Kelly Ranch Open Space to the City of
Carlsbad or other public entity, development of steep slopes over 25% grade may
City of Carlsbad, August 14y 2006 60 Local Coastal Program
Land Use - Mello II Chapter 11-2
occur in areas outside the designated open space. Such encroachment shall be
approved by the Department of Fish and Game and the U.S. Fish and Wildlife
Service as consistent with the State and Federal Endangered Species Act.
Dedication will assure preservation of a viable upland habitat corridor and scenic
hillsides.
d) Slopes and habitat areas within the designated open space shall be placed in a
permanent open space conservation easement or dedicated in fee as a condition
of subdivision approval. The purpose of the open space easement shall be to
reduce the potential for localized erosion and slide hazards, to prohibit the
removal of native vegetation except for creating authorized firebreaks and/or
planting fire retardant vegetation and to protect visual resources of importance to
the entire community. The easement shall be granted to the City of Carlsbad to
be maintained and managed as part of the LCP open space system for Kelly
Ranch.
(2) Drainage and Runoff Rates: Drainage and runoff shall be controlled so as not to exceed
at any time the rate associated with the property in its present state, and appropriate
measures shall be taken on and/or offsite to prevent siltation of lagoons and other
environmentally sensitive areas.
(3) Installation Timing of Drainage and Runoff Control Measures: The appropriate
measures shall be installed prior to onsite grading.
(d) Brush Management: A fire suppression plan shall be required for all residential development
adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The fire
suppression plan shall incorporate a combination of building materials, sufficient structural setbacks
from native vegetation and selective thinning designed to assure safety from fire hazard, protection of
native habitat, and landscape screening of the residential structures. No portions of brush management
Zone 1 and 2 as defined in the City of Carlsbad Landscape Manual shall occur in designated open space
areas. Zone 3 may be permitted within designated open space upon written approval of the Fire
Department and only when native fire retardant planting is permitted to replace high and moderate fuel
species required to be removed.
(e) Siting/Parking. Due to severe site constraints, innovative siting and design criteria (including
shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to
minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site.
(g) Roads in Open Space: Access roads shall be a permitted use within designated open space
subject to an approved coastal development permit, only when necessary to access flatter areas and when
designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be
required when necessary to facilitate wildlife movement through the open space area.
(h) Other Uses in Open Space: The designated open space on Planning Area D may be modified to
accommodate daycare facilities and RV parking which meet the following criteria, subject to an
approved coastal development permit:
1) In no case shall the designated open space corridor be less than 800 feet including the
desiltation basin on Planning Area E;
City of Carlsbad, A ugust 14, 2006 61 Local Coastal Program
Land Vse - MeUo II Chapter II~2
2) No development shall encroach into jurisdictional wetlands mapped by the ACOE;
3) The facilities shall be located on the least environmentally sensitive portion of the site
and within non-native grassland and/or disturbed agricultural area to the maximum
extent possible; and
4) The area utilized for these uses shall be the minimum size necessary to satisfy the
requirements of the City of Carlsbad Zoning Code.
(i) Water Quality:
a. All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
following additional requirements. The SUSMP, dated April 2003 and as amended, the City
of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual to the extent
that these requirements are not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The City
shall require developments to incorporate structural and non-structural best management
practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies
located at, or as close as possible to, the source (i.e., the point where water initially meets the
ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal
separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors^ wetlands and buffer zones. Land acquisition
of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
City of Carlsbad, August 14, 2006 62 Local Coastal Program
Land Use - Mello If Chapter JI-2
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport
of trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed
to meet, infiltrate, filter or treat the runoff produced from each storm event up to and
including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square
feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly
to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent
to" and "draining directly to" that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect
and maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential
water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas
and erosive soils), to minimize impacts on water quality of excessive erosion and
sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as
soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square
feet of impermeable surface or increase the impermeable surface on the property by more
than 10%.
m. Although residential developments of less than 10 units, including single family residences,
are generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within
City of Carlsbad, August 14, 2006 63 Local Coastal Program
Land Use - Mello II Chapter11-2
200 feet of, or discharging directly to an ES A, including the Pacific Ocean; or shall provide a
written report signed by a licensed civil engineer showing that as the project is designed they
are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200
feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This
does not include removal of BMPs or categories of BMPs on the basis that the City
finds them to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For
any changes not included in the above list, the City shall contact the Executive Director to
determine whether an LCP amendment is necessary, and if necessary, shall subsequently
apply for an LCP amendment for the changes. :
In addition the following shall apply:
New development and significant redevelopment of private and publicly owned properties, must
incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent
runoff contamination, and minimize runoff volume from the site in the developed condition, to the
greatest extent feasible. At a minimum, the following specific requirements shall be applied to
development of type and/or intensity listed below:
Residential Development
Development plans for, or which include residential housing development with greater than 10 housing
units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed
to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and
including the 85th percentile 24-hour runoff event, prior to conveying runoff in excess of this standard to
the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils
engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The
plan shall be designed in consideration of the following criteria, and approved prior to issuance of a
coastal development permit:
City of Carlsbad, August 14, 2006 64 Local Coastal Program
Land Use - Mello II Chapter 11-2
a) Maximize the percentage of permeable surfaces and green space to allow more
percolation of runoff into the ground and/or design site with the capacity to convey or
store peak runoff from a storm and release it at a slow rate so as to minimize the peak
discharge into storm drains or receiving water bodies;
b) Use porous materials for or near walkways and driveways where feasible;
c) Incorporate design elements which will serve to reduce directly connected impervious
area where feasible. Options include the use of alternative design features such as
concrete grid driveways, and/or pavers for walkways
d) Runoff from driveways, streets and other impervious surfaces shall be collected and
directed through a system of vegetated and/or gravel filter strips or other media devices,
where feasible. Selected filter elements shall be designed to 1) trap sediment, participates
and other solids and 2) remove or mitigate contaminants through infiltration and/or
biological uptake. The drainage system shall also be designed to convey and discharge
runoff from the building site in a non-erosive manner.
e) Selected BMPs shall be engineered and constructed in accordance with the design
specifications and guidance contained in the California Stormwater Best Management
Practices Handbook (Municipal).
f) The plan must include provisions for regular inspection and maintenance of structural
BMPs, for the life of the project.
Parking Lots
Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or
more parking spaces, susceptible to Stormwater, shall:
a) Incorporate BMPs effective at removing or mitigating potential pollutants of concern such
as oil, grease, hydrocarbons, heavy metals, and particulates from Stormwater leaving the
developed site, prior to such runoff entering the Stormwater conveyance system, or any
receiving water body. Options to meet this requirement include the use of vegetative
filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum
devices or a combination thereof. Selected BMPs shall be designed to collectively
infiltrate, filter or treat the volume of runoff produced from each and every storm event up
to and including the 85th percentile 24-hour runoff event. BMPs shall be engineered and
constructed in accordance with the guidance and specifications provided in the California
Stormwater Best Management Practices Handbooks (Commercial and Industrial).
All Development
a) A public education program designed to raise the level of awareness of water quality
issues around the lagoon including such elements as catch basin stenciling and public
awareness signs;
b) A landscape management plan that includes herbicide/pesticide management.
City of Carlsbad, August 14, 2006 65 Local Coastal Program
Land Use-Melloll Chapter U-2
Such measures shall be incorporated into project design through a water quality/urban
runoff control plan and monitoring program to ensure the discharge from all proposed
outlets is consistent with local and regional standards. Such measures shall be required as
a condition of coastal development permit approval at the subdivision and/or development
stage, as appropriate.
(j) Vista Points: Public vista points shall be provided at two locations, one in Planning Area J and
the other either entirely within Planning Area L or including portions of Planning Area L and the
disturbed high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua
Hedionda Lagoon and its environs, and shall be accessible to the public at large. Vista points may be
located in disturbed open space areas subject to approval by the Department of Fish and Game. Support
parking shall be provided and may be located either 6n-street or off-street within close proximity to the
vista point(s). Dedications necessary to provide the vista points and access to the vista points shall be a
condition of coastal development permit approval at the subdivision stage.
(k) Public Trails: A public trails system that links Agua Hedionda Lagoon, the interpretive center,
the street system, open space areas and public vista point(s) shall be provided in consultation with
California Department of Fish and Game. Trails provided outside of the public right-of-way shall be
dedicated by easement as a condition of subdivision approval. Trail improvements may be a combination
of sidewalks within the public right-of-way and, for segments located outside of the public right-of-way,
as defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed
concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space &
Conservation Map).
(1) Public Streets/Gated Communities: The street systems shall provide public access and support
parking for the public trail system and vista points in the residential developments located in Planning
Areas J, K and L of Kelly Ranch. Public access may be provided through public streets, or private
streets with public access easements or deed restriction. Private gated communities shall not be
permitted within those planning areas.
POLICY 3-6 SEAPOINTE / ENCINAS CREEK
Permitted uses within the wetlands and designated upland buffer of the Ward property (portion of Parcel
#214-010-01) shall be limited to access paths in uplands, aquaculture, fencing, nature study projects or
similar resource dependent uses, wetland restoration projects and other improvements necessary to
protect wetlands.
POLICY 3-7 CITY OWNED LANDS ADJACENT TO MACAR1Q CANYON AND
VETERANS MEMORIAL PARK
The City of Carlsbad owns approximately 521 acres in and adjacent to Macario Canyon. A municipal
golf course has been proposed for a portion of the property, and a public park is planned for another
portion. Development of the property shall be subject to the following policies regarding protection of
habitat:
a. The impact and conservation areas for the Municipal Golf Course are shown as a Hardline
design in the HMP (Figure 8 Revised), and which shall serve as the standard of review for
determining areas in which development may occur in the future. Areas shown for conservation
City of Carlsbad, August 14, 2006 66 Local Coastal Program
Land Use - Mello II Chapter11-2
shall not be impacted or disturbed except for revegtation, restoration and other similar activities
related to mitigation. Areas shown for impact may be fully developed with appropriate
mitigation.
b. Any impacts to Coastal Sage Scrub shall be mitigated by on-site creation at a rate of 2:1 in
compliance with the no net loss standard stated in Policy 3-1.2. Onsite revegetation or
restoration may be done on agricultural, disturbed or non-native grassland areas. For impacts to
the Coastal California gnatcatcher, additional mitigation shall be provided by acquisition and
preservation at_a 1:1 ratio of land supporting gnatcatchers. Impacts to dual criteria slopes shall
not exceed 10% in compliance with Policy 4-3(b).
c. In order to provide a viable north-south wildlife corridor across Macario Canyon, the area shown
on the HMP Hardline map as "Veterans Memorial Park Wildlife Corridor" shall be conserved
concurrent with any impacts to the Macario Canyon property. No development shall occur
within the Wildlife Corridor except a designated trail and rest areas along the trail.
d. Protection and management of all mitigation areas shall be consistent with Policy 3-1.10.f and h.
e. The area shown as "Veterans Memorial Park Development Area" is designated for public
recreational use. It is the intent of this policy that the public park area be developed so as to
maximize public access and provide a variety of recreational opportunities. Development within
steep slopes and/or native vegetation shall be limited to passive recreational facilities, such as
recreational trails and picnic areas. Within the proposed development areas, grading of steep
slope areas with native vegetation shall be limited to the minimum amount necessary to allow
such uses.
f. Segments of the Citywide Trail System viewpoints and other opportunities for public access
shall be incorporated into the development areas,
g. In the riparian area of Macario Canyon Creek, two crossings shall be allowed, as shown in the
HMP Hardline exhibit. Crossing #1 shall utilize the existing farm road. Crossing #2 shall utilize
a bridge span structure. No riparian impacts shall occur for either crossing.
h. The design of riparian buffers shall be as shown in the HMP. Buffers shall be landscaped with
appropriate native, non-invasive plants to provide a natural transition between recreational areas
and riparian habitat, as well as to discourage human intrusion into the riparian area. Appropriate
signing and fencing will also be utilized as provided in Section 3-1.12.
POLICY 3-8 OTHER PARCELS - SPECIFIC HABITAT PROTECTION STANDARDS
The following standards are intended to be guidelines for development and habitat preservation, based
upon best available information at the time these standards were prepared. The standards apply to
parcels primarily in Zones 20 and 21 shown on Exhibit A in the HMP Addendum #2 and that are located
within the biological core and linkage areas designated in the MHCP, and are in addition to the
applicable standards contained in Policy 3-1 and the HMP. The standards are intended to direct
development to existing disturbed areas to the maximum extent feasible, limit impacts to native
vegetation and establish viable core and linkage areas as delineated in the HMP. In general, each
property shall be allowed to develop at least 25% of the site with appropriate mitigation as specified in
City of Carlsbad, August 14, 2006 67 Local Coastal Program
Land Use ~ Mello II Chapter 11-2
Policies 3-1.9 through 3-1.12. When individual properties are proposed for rezoning or development,
detailed biological information will be required to determine whether the proposal is consistent with
Policy 3-1 and the standards below, based upon the actual type, location and condition of onsite
resources, and the appropriate locations of development and preservation areas.
3-8.1 Assessor's Parcel No. 212-120-33 (Hieatt - No impact to vernal pools. Minimize impact to
vernal pool watersheds.
3-8.2 Assessor's Parcel No. 212-010-3 (Kirgis) - Preserve 75% of property with development clustered
immediately adjacent to Kelly Ranch.
3-8.3 Assessor's Parcel No. 215-070-38 (Fernandez) - Cluster development on disturbed areas to the
maximum extent feasible. Maximum 10% impact on CSS and SMC for access purposes.
3-8.4 Assessor's Parcel No. 215-040-03 (Muroya) - Cluster development on disturbed areas to the
maximum extent feasible. Maximum 10% impact on CSS and SMC for access purposes.
3-8.5 Assessor's Parcel No. 212-040-50 (Emerald Point) - Development limited to disturbed and non-
native grassland areas. No impacts to native habitat allowed.
3-8.6 Assessors Parcel No. 215-020-06 (RWSB) - Development shall be limited to a maximum of
25% of the property, not including Poinsettia Lane construction, and shall be clustered to the
maximum extent feasible along disturbed portions of the property adjacent to Cassia Lane and
the future Poinsettia Lane extension. Impacts to SMC habitat shall be minimized. A wildlife
corridor linkage oriented generally north-south shall be provided on the eastern half of the
property and designed to connect to neighboring properties with existing or potential wildlife
corridor linkages. Impacts to native habitat shall require onside mitigation through restoration
and/or creation of habitat within the designed corridor linkage, in addition to any other required
mitigation.
3-8.7 Assessor's Parcel No. 215-020-07 (Maldonado) - Development shall be concentrated along the
Poinsettia Lane extension and shall be limited to the western half of the property. No impacts to
the coast oak woodland and riparian area except for Poinsettia Lane extension. The eastern half
of the property is recommended for offsite mitigation for other properties in Zone 21; however,
at minimum a wildlife corridor linkage oriented generally north-south shall be provided on the
eastern half of the property and designed to connect to neighboring properties with existing or
potential wildlife corridor linkages. The corridor linkage shall include any onsite coast oak
woodland area.
3-8.8 Assessor's Parcel No. 215-050-21 (Namikas) - Development shall be limited to a maximum of
25% of the property, not including Poinsettia Lane construction, and shall be clustered on the
western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands
except for Poinsettia Lane extension. A wildlife corridor linkage oriented generally north-south
shall be provided on the eastern portion of the property, include the onsite coast oak woodland
area, and be designed to connect to neighboring properties with existing or potential wildlife
corridor linkages. Impacts to native habitat shall require onsite mitigation through restoration
and/or creation of habitat within the designated corridor linkage, in addition to any other required
mitigation.
City of Carlsbad, August 14, 2006 68 Local Coastal Program
Land Use -MelloH Chapter 11-2
3-8.9 Assessor's Parcel No. 215-050-22 (Sudduth) - Development shall be limited to a maximum of
25% of the property, not including Poinsettia Lane construction, and shall be clustered on the
western portion of the property. No impacts to coast oak woodland, riparian areas or wetlands
except for Poinsettia Lane extension. A wildlife corridor linkage oriented generally north-south
shall be provided on the eastern portion of the property, include the onsite coast oak woodland
area, and be designed to connect to neighboring properties with existing or potential wildlife
corridor linkages. Impacts to native habitat shall require onsite mitigation through restoration
and/or creation of habitat within the designated corridor linkage, in addition to any other required
mitigation.
3-8.10 Assessor's Parcel No. 215-050-44, 45, 46, 47 (Kevane) - Development shall be limited to a
maximum of 25% of the property, and shall be clustered on the western portion of the property.
No impacts to coast oak woodland, riparian areas or wetlands shall be allowed. A wildlife
corridor linkage oriented generally north-south shall be provided on the eastern portion of the
property, include the onsite coast oak woodland area, and be designed to connect to neighboring
properties with existing or potential wildlife corridor linkages. Impacts to native habitat shall
require onsite mitigation through restoration and/or creation of habitat within the designated
corridor linkage, in addition to any other required mitigation.
3-8.11 Assessor's Parcel No. 215-050-12 (Reiter) - Development shall be limited to a maximum of'25%
of the property, and shall be clustered on the western portion of the property. No impacts to
coast oak woodland, riparian areas or wetlands shall be allowed A wildlife corridor linkage
oriented generally north-south shall be provided on the eastern portion of the property, include
the onsite coast oak woodland area, and be designed to connect to neighboring properties with
existing or potential wildlife corridor linkages. Impacts to native habitat shall require onsite
mitigation through restoration and/or creation of habitat within the designated corridor linkage,
in addition to any other required mitigation.
3-8.12 Assessors Parcel No. 215-050-73 (Levatino) - Maximum 25% development clustered on the
southern portion of the property. Buffer widths may be reduced and/or additional impacts may be
allowed to the extent necessary to obtain site access, and/or to accommodate Circulation Road
improvements identified in the certified LCP.
The parcel specific standards listed above are adopted because hardline preserve boundary lines were not
established at the time of preparation of the HMP. The purpose of the standards is to ensure that future
development is sited to preserve the maximum amount of ESHA within the coastal zone, and to establish
a viable habitat corridor and preserve area in Zones 20 and 21. If the City, with the concurrence of the
wildlife agencies and the Coastal Commission through an LCP amendment, subsequently approves a
hardline preserve boundary for any of the above-described properties as part of the HMP, then the onsite
preservation included in the hardline preserve boundary shall apply.
4. GEOLOGIC, FLOODPLAIN, AND SHORELINE HAZARD AREAS
POLICY 4-1 COASTAL EROSION
I. Development Along Shoreline
City of Carlsbad, August 14, 2006 69 Local Coastal Program
land Use-Melloll Chapter 11-2
a. For all new development along the shoreline, including additions to existing development, a
site-specific geologic investigation and analysis similar to that required by the Coastal
Commission's Geologic Stability and Blufftop Guidelines shall be required; for permitted
development, this report must demonstrate bluff stability for 75 years, or the expected lifetime
of the structure, whichever is greater. Additionally, permitted development shall incorporate,
where feasible^ sub-drainage systems to remove groundwater from the bluffs, and shall use
drought-resistant vegetation in landscaping, as well as adhering to the standards for erosion
control contained in the City of Carlsbad Drainage Master Plan. A waiver of public liability
shall be required for any permitted development for which an assurance of structural stability
cannot be provided. All development must include mitigation measures for the control of
urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance. Storm Water Ordinances,
Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master
Plan, and the following additional requirements. The SUSMP, dated April 2003 and as
amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by
reference. Development must also comply with the requirements of the Jurisdictional Urban
Runoff Management Program (JURMP) and the San Diego County Hydrology Manual to the
extent that these requirements are not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The City
shall require developments to incorporate structural and non-structural best management
practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies
located at, or as close as possible to, the source (i.e., the point where water initially meets the
ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal
separate storm sewer system (MS4) shall be utilized.
d. Post-deveJopment runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development proj ects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces
in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize on-
site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
City of Carlsbad, August 14, 2006 70 Local Coastal Program
Land Use-MetioII Chapter 11-2
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water conveyance
system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from the development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice
(BMP) Handbook, dated January 2003 or the current version of that publication, and designed
to meet, infiltrate, filter or treat the runoff produced from each storm event up to and
including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square
feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly
to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent
to" and "draining directly to" that are found in the SUSMP.
i. The City shall include requirements in all coastal development permit approvals to inspect
and maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the potential
water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas
and erosive soils), to minimize impacts on water quality of excessive erosion and
sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as
soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging to
Receiving Water within Environmentally Sensitive Areas" as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square
feet of impermeable surface or increase the impermeable surface on the property by more
than 10%.
m. Although residential developments of less than 10 units, including single family residences,
are generally exempt from the SUSMP priority requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within
200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a
written report signed by a licensed civil engineer showing that as the project is designed they
City of Carlsbad, August 14, 2006 71 Local Coastal Program
Land Use - MeJIo II Chapter II-2
are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
n. Detached residential homes shall be required to use effective irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they are
within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This
does not include removal of BMPs or categories of BMPs on the basis that the City
finds them to be infeasible or impractical.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that
the changes will improve and better protect coastal water quality. The City Engineer or
Planning Director shall notify the Executive Director in writing of any of the above listed
changes. For any changes not included in the above list, the City shall contact the Executive
Director to determine whether an LCP amendment is necessary, and if necessary, shall
subsequently apply for an LCP amendment for the changes.
II. Beach Sand Erosion
Pursue mitigation measures which address the causes of beach sand erosion; sand dredging and use of
the Longard Tube to reduce wave energy are two such measures which have been suggested. The City
should continue to participate in the Regional Coastal Erosion Committee's studies of the causes and
cures for shoreline erosion.
III. Shoreline Structures
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other such
construction that alters natural shoreline processes shall be permitted when required to serve coastal-
dependent uses or to protect existing structures or public beaches in danger from erosion, and when
designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of
coastal development permit approval, permitted shoreline structures may be required to replenish the
beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included as
a condition of project approval.
Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the material
is suitable for sand replenishment.
IV. Undevelopable Shoreline Features
No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with the
exception of accessways to provide public beach access and of limited public recreation facilities.
City of Carlsbad, August 14, 2006 72 Local Coastal Program
Land Use - Mello II Chapter 11-2
POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY
The soils investigations now required as part of the land subdivision process are adequate to identify
with specificity areas of landslide and instability. However, these investigations will need to be
particularly thorough in those areas with La Jolla Group soils which have been identified for potential
future development.
Currently, soils investigations are only required for subdivisions. In the future, any development
proposed for areas known to be prone to landslide shall include a geologic investigation identifying
appropriate mitigation measures, and such geologic report shall be substantially as has been required by
the Coastal Commission's Geologic Stability and Blufftop Development Guidelines.
POLICY 4-3 ACCELERATED SOIL EROSION
Areas West of 1-5 and the Existing Paseo del None and Along El Camino Real Upstream of Existing
Storm Drains
For areas west of the existing Paseo del Norte, west of 1-5 and along El Camino Real immediately
upstream of the existing storm drains, the following policy shall apply:
a. All development must include mitigation measures for the control of urban runoff rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements
of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional
requirements contained herein. The SUSMP dated April 2003 and as amended, the City of
Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual to the extent
that these requirements are not inconsistent with any policies of the LCP. Such mitigation
shall become an element of the project, and shall be installed prior to the initial grading. At a
minimum, such mitigation shall require construction of all improvements shown in the City
of Carlsbad Drainage Master Plan and amendments thereto between the project site and the
lagoon (including the debris basin), as well as: revegetation of graded areas immediately
after grading; and a mechanism for permanent maintenance if the City declines to accept the
responsibility. Construction of drainage improvements may be through formation of an
assessment district, or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The City
shall require developments to incorporate structural and non-structural best management
practices (BMPs) to mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small collection
strategies located at, or as close as possible to, the source (i.e., the point where water initially
meets the ground) to minimize the transport of urban runoff and pollutants offsite and into a
municipal separate storm sewer system (MS4) shall be utilized.
City of Carlsbad, August 14, 2006 73 Local Coastal Program
Land Use-Melloll Chapter 11-2
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy metals,
nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent offsite transport
of trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a
Water Quality Technical Report as specified in the NPDES permit and in the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on
the California Stormwater Quality Association (CASQA) Stormwater Best Management
Practice (BMP) Handbook, dated January 2003 or the current version of that publication, and
designed to meet, infiltrate, filter or treat runoff produced from each storm event up to and
including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500 square
feet or by more than 10% of existing impervious area, that are in, adjacent to or drain directly
to Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent
to" and "draining directly to" that are found in the SUSMP.
i.The City shall include requirements in all coastal development permit approvals to inspect
and maintain required BMPs for the life of the project.
City of Carlsbad, August 14, 2006 74 Local Coastal Program
Land Use - Mello II Chapter I 1-2
j. The City will encourage and support public outreach and education regarding the potential
water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g., clearing,
grading and cut-and-fill), especially in erosive areas (including steep slopes, unstable areas
and erosive soils), to minimize impacts on water quality of excessive erosion and
sedimentation. Development shall incorporate soil stabilization BMPs on disturbed areas as
soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas'' as defined in Appendix I of the
SUSMP, including being treated as a priority project if they create more than 2,500 square
feet of impermeable surface or increase the impermeable surface on the property by more
than 10%.
m. Although residential developments of less than 10 units, including single family residences,
are generally exempt from the SUSMP priority project requirements, they shall meet those
requirements, including achievement of the numerical sizing standard, if they are in, within
200 feet of, or discharging directly to an ESA, including the Pacific Ocean; or shall provide a
written report signed by a licensed civil engineer showing that as the project is designed they
are mitigating polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable,
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if they are
within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards
dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP) found to be more protective of
water quality than current BMPs or removal of BMPs found to be ineffective. (This does
not include removal of BMPs or categories of BMPs on the basis that the City finds them
to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific category of
Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a finding that
the changes will improve and better protect coastal water quality. The City Engineer or
Planning Director shall notify the Executive Director in writing of any of the above listed
changes. For any changes not included in the above list, the City shall contact the Executive
Director to determine whether an LCP amendment is necessary, and if necessary, shall
subsequently apply for an LCP amendment for the changes.
(b) All Other Areas
This policy applies to all other areas except those subject to Policies 3-5 and 3-7 (a) above.
City of Carlsbad, August 14, 2006 75 Local Coastal Program
Land Use - Mello II Chapter II-2
Any development proposal that affects steep slopes (25% inclination or greater) shall be required to
prepare a slope map and analysis for the affected slopes. Steep slopes are identified on the PRC Toup
maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a
project-by-project basis and shall be required as a condition of a coastal development permit.
(1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant
Communities.
For those slopes mapped as possessing endangered plant/animal species and/or Coastal
Sage Scrub and Chaparral plant communities. Policies 3-1 and 3-8 and the following
provisions would apply:
a) Slopes of 25% grade and over shall be preserved in their natural state, unless the
application of this policy would preclude any reasonable use of the property, in
which case an encroachment not to exceed 10% of the steep slope area over 25%
grade may be permitted. For existing legal parcels, with all or nearly all of their area
in slope area over 25% grade, encroachment may be permitted; however, any such
encroachment shall be limited so that at no time is more than 20% of the entire parcel
(including areas under 25% slope) permitted to be disturbed from its natural state.
This policy shall not apply to the construction of roads on the City's Circulation
Element or the development of utility systems. Uses of slopes over 25% may be
made in order to provide access to flatter areas if there is no less environmentally
damaging alternative available.
b) No further subdivisions of land or utilization of Planned Unit Developments shall
occur on lots that have their total area in excess of 25% slope unless a Planned Unit
Development is proposed which limits grading and development to not more than
10% of the total site area.
c) Slopes and areas remaining undisturbed as a result of the hillside review process,
shall be placed in a permanent open space easement as a condition of development
approval. The purpose of the open space easement shall be to reduce the potential
for localized erosion and slide hazards, to prohibit the removal of native vegetation
except for permitted firebreaks and/or planting other fire retardant native vegetation
and to protect visual resources of importance to the entire community.
d) The percentage of steep slope encroachment listed in (a) and (b) above may be
modified only for development consistent with the approved HMP and the resource
habitat protection policies including Policy 3 above, and approved as part of the
City's Incidental Take Permit pursuant to the adopted HMP.
(2) All Other Steep Slope Areas:
For all other steep slope areas, the City Council may allow exceptions to the above
grading provisions provided the following mandatory findings to allow exceptions are .
made:
a) A soils investigation conducted by a licensed soils engineer has determined the
subject slope area to be stable and grading and development impacts mitigatable for
at least 75 years, or life of structure.
'City of Carlsbad, August 14, 2006 76 Local Coastal Program
Land Use - Mel/o fI Chapter 11-2
b) Grading of the slope is essential to the development intent and design.
c) Slope disturbance will not result in substantial damage or alteration to major wildlife
habitat or native vegetation areas and is consistent with the habitat protection policies
contained in Policies 3-1 and 3-8.
d) If the area proposed to be disturbed is predominated by steep slopes and is in excess
of 10 acres, no more than one third of the total steep slope area shall be subject to
major grade changes.
e) If the area proposed to be disturbed is predominated by steep slopes and is less than
10 acres, complete grading may be allowed only if no interruption of significant
wildlife corridors occurs.
f) Because north-facing slopes are generally more prone to stability problems and in
many cases contain more extensive natural vegetation, no grading or removal of
vegetation from these areas will be permitted unless all environmental impacts have
been mitigated. Overriding circumstances are not considered adequate mitigation.
(3) Drainage and Erosion Control
a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with the requirements of the City's Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage
Master Plan, and the additional requirements contained herein. The SUSMP, dated
April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are
hereby incorporated into the LCP by reference. Development must also comply
with the requirements of the Jurisdictional Urban Runoff Management Program
(JURMP) and the San Diego County Hydrology Manual to the extent that these
requirements are not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4) shall
be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
City of Carlsbad, August 14, 2006 77 Local Coastal Program
Land Use ~ Meilo JJ Chapter If-2
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off site
transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and in
the SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA), Stormwater Best
Management Practice (BMPs) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff produced
from each storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to
or drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
City of Carlsbad, August 14, 2006 78 Local Coastal Program
Land Use - Mello II Chapter 11-2
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs
on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as a priority project if
they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although, residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found to be
ineffective, (This does not include removal of BMPs or categories of BMPs on
the basis that the City finds them to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
City of Carlsbad, August 14, 2006 79 Local Coastal Program
Land Use - Mello II Chapter 11-2
(4) Required Drainage or Erosion Control Facility Maintenance Arrangements:
Development approvals shall include detailed maintenance arrangements for providing
the ongoing repair and maintenance for all approved drainage or erosion-control
facilities.
(5) Installation & Timing of Permanent Runoff and Erosion Control Devices:
.All permanent runoff-control and erosion-control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
(6) Required Open Space Easements on Undeveloped Slopes:
All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
POLICY 4-4 REMOVAL OF NATURAL VEGETATION
When earth changes are required and natural vegetation is removed, the area and duration of exposure
shall be kept at a minimum.
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
a. Soil erosion control practices shall be used against "onsite" soil erosion. These include
keeping soil covered with temporary or permanent vegetation or with mulch materials,
special grading procedures, diversion structures to divert surface runoff from exposed
soils, and grade stabilization structures to control surface water. All development must
include mitigation measures for the control of urban runoff flow rates and velocities,
urban pollutants, erosion and sedimentation in accordance with the requirements of the
City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm Water
Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional
requirements contained-herein. The SUSMP, dated April 2003 and as amended, and
the City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by
reference. Development must also comply with the requirements of the Jurisdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of
the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development.
The City shall require developments to incorporate structural and non-structural best
management practices (BMPs) to mitigate the projected increases in pollutant loads
and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
City of Carlsbad, August 14, 2006 80 Local Coastal Program
Land Use-Mel/o II Chapter 11-2
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent offsite
transport of trash and other pollutants from entering the storm water
conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit
a Water Quality Technical Report as specified in the NPDES permit and in the
SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA), Stormwater Best
Management Practice (BMPs) Handbook, dated January 2003 or the current version
of that publication, and designed to meet, infiltrate, filter or treat the runoff produced
from each storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in, adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
City of Carlsbad, August 14, 2006 81 Local Coastal Program
Land Use ~ Mello II Chapter 11-2
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs
on disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as a priority project if
they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although, residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more protective
of water quality than current BMPs or removal of BMPs found to be ineffective.
(This does not include removal of BMPs or categories of BMPs on the basis that
the City finds them to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment
is necessary, and if necessary, shall subsequently apply for an LCP amendment for
the changes.
City of Carlsbad, A ugust 14, 2006 82 Local Coastal Program
Land Use - Mello H Chapter II-2
POLICY 4-6 "SEDIMENT CONTROL" PRACTICES
a. Apply "sediment control" practices as a perimeter protection to prevent offsite
drainage. Preventing sediment from leaving the site should be accomplished by such
methods as diversion ditches, sediment traps, vegetative filters, and sediment basins.
Preventing erosion is of course the most efficient way to control sediment runoff.
All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with the requirements of the City's Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage
Master Plan, and the following additional requirements. The SUSMP, dated April
2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated into the LCP by reference. Development must also comply with the
requirements of the Jurisdictional Urban Runoff Management Program (JURMP) and
the San Diego County Hydrology Manual to the extent that these requirements are
not inconsistent with any policies of the LCP.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and non-
structural best management practices (BMPs) to mitigate the projected increases in
pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
City of Carlsbad, August 14, 2006 83 Local Coastal Program
Land Use-MelloII Chapter II-2
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site
transport of trash and other pollutants from entering the storm water conveyance
system.
9. Limit disturbances of natural water bodies and natural drainage systems caused
by development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
f. Priority projects identified in the SUSMP will incorporate structural BMPs and submit
a Water Quality Technical Report as specified in the NPDES permit and in the
SUSMP.
g. Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Stormwater Quality Association (CASQA) Stormwater Best
Management Practice (BMP) Handbook, dated January 2003 or the current version of
that publication, and designed to meet, infiltrate, filter or treat the runoff produced
from each storm event up to and including the 85th percentile 24-hour storm event.
h. Priority projects will include projects increasing impervious area by more than 2,500
square feet or by more than 10% of existing impervious area, that are in. adjacent to or
drain directly to Environmentally Sensitive Areas (ESA), identified in the City of
Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April 2003,'
using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
i. The City shall include requirements in all coastal development permit approvals to
inspect and maintain required BMPs for the life of the project.
j. The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
k. Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep slopes,
unstable areas and erosive soils), to minimize impacts on water quality of excessive
erosion and sedimentation. Development shall incorporate soil stabilization BMPs on
disturbed areas as soon as feasible.
1. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging Receiving Waters within Environmentally Sensitive Areas" as defined in
Appendix I of the SUSMP, including being treated as a priority project if they create
more than 2,500 square feet of impermeable surface or increase the impermeable
surface on the property by more than 10%.
City of Carlsbad, A ugust 14, 2006 84 Local Coastal Program
Land Use - Mello II Chapter 11-2
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements, they
shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 within an LCP amendment:
1. Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found to be
ineffective. (This does not include removal of BMPs or categories of BMPs on
the basis that the City finds them to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a specific
category of Priority Projects.
q. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment is
necessary, and if necessary, shall subsequently apply for an LCP amendment for the
changes.
POLICY 4-7 FLOOD HAZARDS
(a) Storm Drainage Facilities in Developed Areas
Storm drainage facilities in developed areas should be improved and enlarged according to the City of
Carlsbad Drainage Master Plan, incorporating the changes recommended in the LCP.
(b) City's Grading Ordinance
The City's grading ordinance should be amended to greatly reduce the extent of onsite and offsite
erosion due to construction activities. (See policies under Soil Erosion.) Although these are primarily
erosion control measures, they will help to prevent sedimentation in downstream drainage facilities.
(c) Storm Drainage Facilities in Undeveloped Areas
Drainage improvement districts shall be formed for presently undeveloped areas which are expected to
urbanize in the future. The improvement districts would serve to implement the City of Carlsbad
Drainage Master Plan. Upstream areas in the coastal zone shall not be permitted to develop prior to
installation of the storm drain facilities downstream, in order to assure protection of coastal resources.
City of Carlsbad, August 14, 2006 85 Local Coastal Program
Land Use - Mello II Chapter U-2
(d) Financing New Drainage Facilities
New drainage facilities, required within the improvement districts, should be financed either by some
form of bond or from fees collected from developers on a cost-per-acre basis.
(e) 100-Year Floodplain
Development shall continue to be restricted in 100-year floodplain areas. Continuing the policy of
zoning 100-year floodplains as open space will permit natural drainage to occur without the need for
flood control channels. No permanent structures or filling shall be permitted in the floodplain and only
uses compatible with periodic flooding shall be allowed.
(f) Drainage Master Plan
Adopt the provisions of the City of Carlsbad Drainage Master Plan to ameliorate flood and drainage
hazards within the planning area.
POLICY 4-8 SEISMIC HAZARDS
The provisions of the State Uniform Building Code are not entirely adequate for earthquake protection.
The City should continue to monitor the UBCs earthquake provisions and make recommendations for
improvement.
Most development in liquefaction-prone areas should have site-specific investigations done addressing
the liquefaction problem and suggesting mitigation measures. New residential development in excess of
four units, commercial, industrial, and public facilities shall have site-specific geologic investigations
completed in known potential liquefaction areas.
5. PUBLIC WORKS AND PUBLIC SERVICES CAPACITIES
POLICY 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM
The planned improvements to the regional sewage transportation system should be undertaken and
completed. These improvements are necessitated by development beyond the coastal zone.
POLICY 5-2 FUTURE SEWAGE TREATMENT
Future treatment demands can be met by the combined effects of enlarging the Encina Water Pollution
Control Facility and implementing the City of Carlsbad Wastewater Reclamation Master Plan. The City
must participate in meeting growth demands beyond the coastal zone.
POLICY 5-3 UNTREATED RECLAIMED WATER
Since current Regional Water Quality Control Board requirements may not permit untreated reclaimed
water for certain purposes, Carlsbad should participate in the Phase IV expansion of Encina to assure
capacity to meet demand both in and out of the coastal zone.
City of Carlsbad, August 14, 2006 86 Local Coastal Program
Land Use-Melloll Chapter11-2
POLICY 5-4 TEN PERCENT RESERVE SEWAGE CAPACITY FOR COASTAL
DEPENDENT RECREATION AND VISITOR-SERVING USES
The City of Carlsbad Sewer Allocation Plan which allocates limited capacity from Encina should
provide a 10% reserve capacity for coastal-dependent uses that emphasize public and commercial
recreation and visitor-serving facilities.
POLICY 5-5 POINSETTIA LANE
Poinsettia Lane should be completed as a major arterial as indicated on the Local Coastal Program map
by 1995. It should also provide direct coastal access to Carlsbad Boulevard. No assessment of
agricultural lands shall be made to support this road extension.
6. RECREATION AND VISITOR-SERVING USES
POLICY 6-1 ADDITIONAL CITY PARKS
Additional City parks will be required in conjunction with new development. These parks should be a
minimum of five acres in order to accommodate a wide variety of both active and passive uses.
Locations of additional City parks are Altimira Park (12 acres) and North La Costa Park (five acres);
both are listed as proposed parks in the Parks and Recreation Element of Carlsbad's General Plan.
POLICY 6-2 REGIONAL PARK
If the population of Carlsbad increases in accordance with SANDAG's projected Series V Population
Forecasts, it is estimated that Carlsbad will need to develop a new regional park containing 200 to 300
acres in order to adequately serve the public. A location for a new regional park must, therefore, be
established. Consideration should be given to a facility within the Aqua Hedionda Specific Plan Area,
or adjacent lands. The Batiquitos Lagoon area should also be considered.
POLICY 6-3 ENCINA FISHING AREA
The water related Encina fishing area located adjacent to the San Diego Gas and Electric Company's
power plant should be maintained for public use with no fees (See Exhibit 4.9) (See Policy 7-7)
POLICY 6-4 NEED FOR ADDITIONAL OVERNIGHT CAMPING
Additional overnight camping facilities, the main source of lower cost visitor and recreational facilities,
are needed throughout the San Diego coastal region. Additional facilities of this kind should be provided
in a regional park within the Carlsbad area. This can be accomplished in conjunction with an eventual
Batiquitos Park, within the Aqua Hedionda Specific Plan Area, and/or along with the development of
private recreational facilities.
City of Carlsbad, August 14, 2006 87 Local Coastal Program
Land Use-MelloII Chapter II-2
POLICY 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS. AND VISITOR-
SERVING USES
Approximately 40 acres of additional visitor-serving (hotel-motel and restaurant) uses should be
established. Assuming a density of approximately ten hotel-motel rooms per acre, the estimated need of
200 additional rooms can be achieved. Restaurants and other visitor-serving facilities also need to be
provided. Suggested locations are the intersections of 1-5 with Palomar Airport Road and/or Poinsettia
Lane. Not all of this demand needs to be met with land immediately within the coastal zone.
POLICY 6-6 ADDITIONAL VISITOR-SERVING FACILITIES AT ELM AVENUE AND
CARLSBAD BOULEVARD
Provision should be made for additional visitor-serving facilities, as well as retaining existing visitor
uses, at the western terminus of the Elm Avenue corridor in the coastal zone. (See Exhibit 4.10).
POLICY 6-7 SMALL BOAT LAUNCHING FACILITY AT SOUTH CARLSBAD STATE
BEACH
The possibility of developing the southern portion of Carlsbad State Beach as a small boat launching
facility should be pursued to meet this water-related need.
POLICY 6-8 DEFINITION OF VISITOR-SERVING COMMERCIAL USES, AND EAST
END OF BUENA VISTA LAGOON
"Visitor-serving commercial uses" shall be defined to include hotels and motels, recreational facilities,
restaurants and bars, amusement parks, public parks, horticultural gardens, farmers' markets, retail uses
accessory to another use which is the primary use of the site, and other accessory uses customarily
catering to hotel and motel guests. The May Co. properties located at the east end of Buena Vista
Lagoon (See Exhibit 4.5) will be designated for commercial, not visitor-serving commercial uses.
POLICY 6-9 PROPERTIES FRONTING CARLSBAD BOULEVARD ADJACENT TO AND
INCLUDING SOUTH CARLSBAD STATE BEACH
The South Carlsbad State Beach campground should be considered for conversion to a day use beach
and upland park if other adequate campground facilities can be developed nearby.
Mixed use development (i.e., residential and recreational-commercial) shall be permitted by right on
properties fronting Carlsbad Boulevard across from South Carlsbad State Beach (See Exhibit 4.9). This
policy applies only where not in conflict with the agricultural policies of the LCP.
7. SHORELINE ACCESS
POLICY 7-1 CYPRESS AVENUE AND OCEAN STREET AREA
Since there is a lack of adequate access in the northern portions of the planning area, an additional access
point shall be provided, of at least 10 feet in width. The site of this accessway should be the vacant
parcel located adjacent to the Army/Navy Academy at Cypress Avenue (Del Mar Street), and dedication
of an accessway shall be required as a condition of development approval for this site. Such dedication
City of Carlsbad, A ugust 14, 2006 88 Local Coastal Program
Land Use-MelloII Chapter 11-2
shall be in the form of an offer to the City of Carlsbad, State Coastal Conservancy or other appropriate
public agencies, irrevocable for a term of 21 years.
NOTE: This site is now developed. As a part of (CCC) development approval, coastal access is
open from to .
POLICY 7-2 SHORELINE ACCESS SIGNAGE
The Coastal Conservancy and California State Department of Transportation (CALTRANS) have
undertaken a comprehensive program designed to provide appropriate signs designating the shore access
points. It is recommended that they identify the existing access points in the Carlsbad coastal zone, and
upon approval of the future sites of access it is recommended that these also be identified with signs.
POLICY 7-3 ACCESS ALONG SHORELINE
The City will cooperate with the State to ensure that lateral beach access is protected and enhanced to
the maximum degree feasible, and will continue to formalize shoreline prescriptive rights. Irrevocable
offers of dedication for lateral accessways between the mean high tide line and the base of the coastal
bluffs, and vertical accessways where applicable, shall be required in new development consistent with
Section 30212 of the California Coastal Act of 1976. There is evidence of historic public use adjacent to
Buena Vista Lagoon. Paths crisscross the area near the railroad tracks to the ocean shoreline.
Development shall provide access and protect such existing access consistent with the needs to protect
the habitat.
NOTE: See Exhibit 4.10.
POLICY 7-4 CARLSBAD BOULEVARD AND PALOMAR AIRPORT ROAD AREA
An additional access point on the South Carlsbad State Beach shall be provided at about the intersection
of Carlsbad Boulevard and Palomar Airport Road.
NOTE: See Exhibit 4.10.
POLICY 7-5 ACCESS ON SOUTH CARLSBAD STATE BEACH
There is evidence of poorly-maintained and ill-defined walkways along much of the day use portion of
South Carlsbad State Beach. These existing access points shall be improved as part of a State Parks and
Recreation Master Plan for the Carlsbad State Beaches.
NOTE: See Exhibit 4.10
POLICY 7-6 BUENA VISTA LAGOON
An access trail shall be provided along the southern shoreline of Buena Vista Lagoon (See Exhibit 4.10),
to facilitate public awareness of the natural habitat resources of the lagoon. To protect the sensitive
resources of this area, access development shall be limited and designed in consultation with the State
Department of Fish and Game. In permitted development of properties adjacent to the lagoon (See
Exhibit 4.5), offers of dedication of lateral accessways, irrevocable for a term of 21 years, shall be
City of Carlsbad, August 14, 2006 89 Local Coastal Program
Land Use - Mello II Chapter H-2
required to be provided to the City of Carlsbad, State Coastal Conservancy, or other appropriate public
agencies. Such access dedications shall be of at least 25 feet in width upland from environmentally
sensitive areas and any required buffers thereto. In addition, the City of Carlsbad, State Coastal
Conservancy, and Wildlife Conservation Board shall seek to obtain lateral accessways across developed
lands.
POLICY 7-7 ENC1NA POWER PLANT SHORE AREA
It is recommended that the shore area owned by the San Diego Gas and Electric Company (area near the
Encina Power Plant) be dedicated to the State of California. This area is already heavily used by beach
goers and should be maintained by the State for properly continued use.
NOTE:See Exhibit 4.9 and Policy 6-3.
POLICY 7-8 NORTH END OF OCEAN STREET
On the vacant parcel at the extreme north end of Ocean Street, when development is proposed an
irrevocable offer to dedicate the beach and lowland areas shall be required pursuant to Section 30211 of
the Coastal Act. Residential development shall be clustered on the highland area and the bluff face shall
not be altered. There shall be appropriate blufftop setback based on geologic report taking into account
the prominent location, shoreline instability and significant habitat adjacent to the lagoon.
NOTE .'This parcel is now developed.
POLICY 7-9 SOUTH CARLSBAD STATE BEACH: PARKING
Parking facilities are entirely inadequate in the vicinity of the South Carlsbad State Beach. To remedy
this problem, the 20-acre site (APN 210-09-7) located between Carlsbad Boulevard and the railroad at
the junction of Palomar Airport Road shall be developed for parking facilities of approximately 1.500
spaces. When this facility becomes heavily utilized, jitney service should be initiated between the
parking area and designated points along Carlsbad Boulevard.
POLICY 7-10 PARKING
Parking standards set forth within the City of Carlsbad Zoning Ordinance are appropriate for the future
development of various land uses.
POLICY 7-11 STATE BEACH LANDS
Certain portions of underutilized state beach lands will provide a resource to develop future recreational
facilities and beach access points. These shall be developed as part of an overall master plan for the
Carlsbad beaches to be accomplished by the State of California Parks and Recreation Department.
POLICY 7-12 SEAWARD OF OCEAN STREET
New development on the seaward side of Ocean Street shall observe, at a minimum, an ocean setback
based on a "stringline" method of measurement. No enclosed portions of a structure shall be permitted
further seaward than the adjacent structure to the north and south; no decks or other appurtenances shall
be permitted further seaward than those on the adjacent structures to the north and south. This policy
City of Carlsbad, August 14, 2006 90 Local Coastal Program
Land Use - Mello II Chapter 11-2
shall be used on single-family, "infill" parcels, and a greater ocean setback may be required for geologic
reasons.
POLICY 7-13 VISUAL ACCESS
Visual access over more than 80% of the Carlsbad coastline is unobstructed because of public
ownership. No future public improvements which would obstruct this visual access shall be permitted.
POLICY 7-14 VERTICAL SHORELINE ACCESSWAY WIDTH
It is recommended that vertical accessways to the beach generally be at least ten feet in width.
POLICY 7-15 SOUTH CARLSBAD STATE BEACH: CONVERSION TO A DAY USE
BEACH, AND VERTICAL ACCESS ON MacMAHON PROPERTY
As the demand for day beach use increases and as additional campground facilities are provided within
the Carlsbad area, the existing South Carlsbad State Beach campground should be converted to a day use
beach. The upland area would serve as an ideal parking and picnicking area with stairway access to the
beach below. This designation shall be incorporated within future master planning efforts by the State of
California.
The California Commission-required offer of dedication for vertical access on the MacMahon property,
located approximately 700 feet north of Cedar Street, shall be enforced as part of Coastal Development
Permit F2875, unless the Attorney General's Office resolves the matter through an alternative acceptable
to the State Coastal Commission.
8. SCENIC AND VISUAL RESOURCES, HISTORIC RESOURCES
POLICY 8-1 SITE DEVELOPMENT REVIEW
The Scenic Preservation Overlay Zone should be applied where necessary throughout the Carlsbad
coastal zone to assure the maintenance of existing views and panoramas. Sites considered for
development should undergo individual review to determine if the proposed development will obstruct
views or otherwise damage the visual beauty of the area. The Planning Commission should enforce
appropriate height limitations and see-through construction, as well as minimize any alterations to
topography.
POLICY 8-2 POTENTIALLY HISTORIC STRUCTURES
The City's historic structures which have the potential to meet criteria for inclusion in the National
Register of Historic Places appear to be economically well-used at present. The sites with historic
significance of "local importance" also appear to be in active use. However, maintenance, repair and use
of these properties may require special attention. The building code flexibility and tax benefits which
may be available to such properties need further study. The City of Carlsbad in conjunction with
individual property owners of historically significant structures should determine which local and federal
programs are applicable and take advantage of them as appropriate.
City of Carlsbad, August 14, 2006 91 Local Coastal Program
Land Use - Mello II Chapter H-2
POLICY 8-3 INFILL DEVELOPMENT DESIGN REVIEW
While the Scenic Preservation Overlay Zone can be used to enhance the character of new development,
the City of Carlsbad should adopt a policy whereby the unique characteristics of older communities
(especially the Elm Street corridor) can be protected through their redevelopment scheme. This policy
should reflect design standards which are in accordance with the flavor of the existing neighborhood.
POLICY 8-4 ARCHAEOLOGICAL AND PALEQNTOLOGICAL RESOURCES
The environmental impact review process will determine where development will adversely affect
archaeological and paleontological resources. A site-specific review should also determine the most
appropriate methods for mitigating these effects. Most importantly, the City of Carlsbad should require
the implementation of these measures.
POLICY 8-5 SIGNAGE
On-premise signs should be designed as an integral part of new development. In addition:
(A) Each business shall be entitled to one facade sign.
(B) Each shopping complex shall have only one directory sign not to exceed 15 feet in height,
including mounding.
(C) Monument sign" height including mounding shall not exceed 8 feet and shall apply where three
(3) or fewer commercial establishments exist on a parcel.
(D) Tall freestanding and roof signs shall not be allowed.
(E) Off-premise signs and billboards shall not be allowed.
(F) Current City regulations shall govern the number of square feet in each permitted sign.
City of Carlsbad, August 14, 2006 92 Local Coastal Program
Land Use-MelloU Chapter H-2
Exhibit 3.3 - Updated Land Use Map X, 1996
THIS MAP IS NOT IN USE
City of Carlsbad, August 14, 2006 93 Local Coastal Program
Land Use - Mello II Chapter U-2
Map Y - Urban Land Uses
legend
1 I urbanized
El5!5»&g coastal sage scrub
h- 1 grassland
fc;:':-:'----| agriculture
p^'-^j mixed chaparral
IW«V«1 eucalyptus
City of Carlsbad, August 14, 2006 94 Local Coastal Program
Land Use - Mello H Chapter 11-2
Exhibit 4.3 Agricultural Lands
f 0"A"-OrMOIlM AWPORT MAO1
DEVELOPMENT SUMMARY ru—i
DEVELOPMENT AREAS ---- AGRICULTURAL COLT COURSE
NUMBER LAND USE ACRES (NET)DEVELOPMENT PROGRAM
1 AGRICULTURE 53.42
2c.b SPECIALTY RCTAIL 26.65
3 GOLF 45.61
Ao.b.c CJ.A. VOCATIONAL SCHOOL 2B.93
5 GOLF 26.46
6-12.14-15 RESEARCH & DEVT 40.01
13 STREET "0" (PRIVATE) 1-97
16 OPEN SPACE 10.00
17 RESORT 52.80
18 LEGO FAMILY PARK 12B.32
'9 LEGO DRIVE (PRIVATE) 0-9*
20 COMMUNITY HOTEL & RETAIL 10-*8
PUBLIC ROADS 21.81
EXISTING FLOWER FIELDS
300.000 SF
4 HOLES OF GOLF
550,000 SF
3 HOLES OF GOLF
800.000 SF
PRESERVE IN NATURAL STATE
700 SUITES; 647.000 SF
425,750 S.F.
212.080 SF; 280 ROOMS
City of Carlsbad, August 14, 2006 95 Local Coastal Program
Land Use - Mello II Chapter IJ-2
Exhibit 4.5 Lots Bordering Buena Vista Lagoon
legend
f i iin H ttirm\\ttfHI
source:land ownership
bttena vista lagoon
City of Carlsbad, August 14, 2006 96 Local Coastal Program
Land Use - Me/to II Chapter 11-2
Exhibit 4.9 Encina Fishing Area
' • V^'t^v Ja^v-^- \ -'\^mM
SOUTH SHOREAGRICULTURE
SDGE BEACHFTON- „
PROPERTY iVEHC|N* *v POWER
>^ PLANT
City of Carlsbad, August 14, 2006 97 Local Coastal Program
Land Use - Mello II Chapter 11-2
Exhibit 4.10 Access Points
JLw"Cj"'£
s
legend
* COtJT£KH-l-£D PUOLIC ACCESS
*• cavnyoLLEO PC/MATE access
* EOOtXD, V*J3AF£ ACCESS
I i-IPE GuaOD TD»/£O
1. i.lf£ GU&aD TDHtEff MTU wOQOfA/ OOMPjtCCESO
• •••••• ffOUMQOW Of CaOLSO&D CO&STAi.
OYy of Carlsbad, August 14, 2006 98 Local Coastal Program
Land Use- WestBatjquitos Lagoon/Sammis Properties Chapter 11-3
II-3 WEST BATIQUITOS LAGOON/SAMMIS
PROPERTIES LAND USE
Background: Local Coastal Program Amendment West Batiquitos Lagoon Segment
This is an amendment to the West Batiquitos Lagoon Local Coastal Program within the City of
Carlsbad's Coastal Zone.
The amendment is required due to the change in land use as proposed by the Poinsettia Shores Master
Plan which is located within the West Batiquitos Lagoon LCP area. The proposed Poinsettia Shores
Master Plan was previously known as the Batiquitos Lagoon Educational Park (BLEP) Master Plan.
The BLEP Master Plan was originally approved by the City Council in October of 1985. The BLEP
Master Plan was prepared to facilitate the development of a private university with associated research
and development facilities. The Master Plan also included a variety of housing types as well as
recreational commercial, neighborhood commercial, travel service commercial, time-share units and a
hotel with conference facilities.
Since the approval of the BLEP Master Plan, the only development that has occurred is in Planning Area
J. There are currently 70 single family homes built within Planning Area J and an additional 5 custom
home sites remaining vacant, also in Planning Area J. The remainder of the Master Plan area is
currently undeveloped.
The Poinsettia Shores Master Plan proposes to eliminate the university and research and development
uses on the east side of the AT&SF railroad right-of-way and develop this area with a variety of
residential products in a gated community, except the Planning Areas A-3, A-4 and J shall remain open
and ungated. Land uses west of the railroad right-of-way will remain substantially as previously
approved.
A. Land Use Categories
The following are the proposed land use "Planning Areas," each providing a brief description. The
"Planning Areas" correspond directly with the planning areas approved with the Poinsettia Shores
Master Plan. All development in these planning areas are subject to the provisions of the Poinsettia
Shores Master Plan as adopted by the Carlsbad City Council and certified by the California Coastal
Commission. No development inconsistent with the Master Plan shall be permitted. The Planning
Areas identified below will replace the former planning areas established by the BLEP Master Plan. See
the attached map for the location of the Planning Areas described below.
1. Planning Area A-1
Planning Area A-1 is located north of Avenida Encinas near the intersection of Avenida Encinas
and Windrose Circle. It has a gross area of 9.8 acres and a net developable area of 8.4 acres.
Planning Area A-l has a land use designation of RM and allows for the development of 41
single family detached residences (plus any density bonus units as provided in the Poinsettia
Shores Master Plan).
City of Carlsbad 99 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter II-3
2. Planning Area A-2
Planning Area A-2 is located south of Avenida Encinas within the interior of the circle formed
by Windrose Circle. It has a gross area of 1.5 acres and a net developable area of 11.0 acres.
Planning Area A-2 has a land use designation of RM and allows for the development of 50
single-family detached residences (plus any density bonus units as provided in the Poinsettia
Shores Master Plan).
3. Planning Area A-3
Planning Area A-3 is located west of Planning Area A-2, east of the railroad right-of-way and
adjacent to Avenida Encinas. It has a gross planning area of 10.2 acres and a net developable
area of 8.6 acres. Planning Area A-3 has a land use designation of RM and allows for the
development of 51 single-family detached residences (plus any density bonus units as provided
in the Poinsettia Shores Master Plan).
4. Planning Area A-4
Planning Area A-4 is located south of Planning Area A-3, east of the railroad right-of-way and
adjacent to Batiquitos Lagoon. It has a gross planning area of 14.7 acres and a net developable
area of 14.7 acres. Planning Area A-4 has a land use designation of RM and allows for the
development of 62 single-family detached residences (plus any density bonus units as provided
in the Poinsettia Shores Master Plan). Planning Area A-4 is a lagoon blufftop area which is
subject to special development standards to address visual impacts to the lagoon.
5. Planning Area B-l
Planning Area B-I is located north of Avenida Encinas and south of Lakeshore Gardens Mobile
Home Park. It has a gross planning area of 20.9 acres and a net developable area of 20.2 acres.
Planning Area B-l has a land use designation of RM and allows for the development of 161
clustered single family detached residences (plus any density bonus units as provided in the
Poinsettia Shores Master Plan).
The cluster single-family units are organized in groups of four air space ownership units located
on common property owned by the homeowners association. These units will share in common
a courtyard and private driveway leading to the individual unit garage, front yard area and the
area fronting the adjacent street(s). Outdoor private use areas will also.be provided for each
home, within the common property.
This product type provides many of the amenities found in standard single-family residential
design including: no common walls between units, private rear yards, garages, and increased
privacy. The shared common property and shared driveway allow for clustered placement of the
units around a central drive way/courtyard. This effectively reduces the number of units requiring
direct street frontage and provides additional spacing between units across the drive. This results
in a street scene which exhibits only two units in a row spaced ten feet apart in contrast to
standard design practice under the Planned Development Ordinance which allows an unlimited
number of units spaced ten feet apart with certain design criteria for single story elements.
City of Carlsbad 100 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter II-3
»6. Planning Area B-2
Planning Area B-2 is located south of and adjacent to Windrose Circle in the interior of
Navigator Circle. Planning Area B-2 has a gross area of 2.9 acres with a net developable area of
2.6 acres. This Planning Area has a land use designation of RM and allows for the development
of 16 clustered single-family detached homes on common lots (plus any density bonus units as
provided in the Poinsettia Shores Master Plan). The cluster single-family product is discussed
above under Planning Area B-l.
7. Planning Area C
Planning Area C is located immediately east of Navigator Circle, to the northeast of the
previously developed single-family homes of Planning Area J and immediately west of 1-5.
Planning Area C has a gross area of 11.2 acres and a net developable area of 9.6 acres. Planning
Area C has a land use designation of RM and allows for the development of 70 multi-family
dwelling units (plus any density bonus units as provided in the Poinsettia Shores Master Plan).
These may include carriage-type units with garage space below portions of the living area in
each unit, located on property owned in common.
8. Planning Area D
Planning Area D is located immediately east of the AT&SF Railway right-of-way to the south of
Lakeshore Gardens Mobile Home Park. Planning Area D has a gross area of 4.4 acres and a net
developable area of 4.0 acres. Planning Area D is designated as the Master Plan's affordable
housing site, unless an off site location is designated through an Affordable Housing Agreement
between the property owner and the City per the provisions of Chapter VII of this Master Plan.
The Poinsettia Shores Master Plan requires that 90 affordable housing units be provided either
on-site within Village D or offsite as indicated in Chapter VII of the Master Plan.
9. Planning Area E
Planning Area E is located east of and adjacent to the AT&SF Railway right-of-way and north of
and adjacent to Avenida Encinas. Planning Area E has a gross area of 0.9 acres and a net
developable area of 0.5 acres; it has a land use designation of RM. This Planning Area is
intended to provide recreational vehicle storage for the Poinsettia Shores Master Plan residents.
Per the requirements of the Planned Development Ordinance, 20 square feet per unit of
recreational vehicle storage space shall be provided for all units. The Poinsettia Shores Master
Plan allows for 451 market rate dwelling units, plus an additional 2 market rate units with the
proposed density bonus for a total of 474 market rate units. The 90 affordable housing units are
not included in this total since the residents of these units would be less likely to own luxury
recreation vehicles. Therefore, the total requirement for the Master Plan is 9,840 square feet of
recreational vehicle parking (20 x 474 = 9,480). The proposed RV site is .5 net developable
acres or 21,780 square feet in size. This will more than satisfy the required minimum.
This RV storage area shall be operated and maintained by the Poinsettia Shores Master
Homeowners' Association. Recreational vehicle storage shall be available by use of a paved
City of Carlsbad 101 Local Coastal Program
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access road prior to issuance of the first Certificate of Occupancy for any residential unit in the
Master Plan. If there is space available within the RV storage area, nonresidents of the Master
Plan may be allowed to store their recreational vehicles in this area. The fees charged to these
nonresidents shall be used to pay for the maintenance of the RV storage area. As the Poinsettia
Shores Master Plan is developed, residents of the Master Plan area shall have priority over
nonresidents for storage space within the Recreational Vehicle storage area,
10. Planning Area F
Planning Area F is located at the far northwest corner of the Master Plan area west of the
AT&SF Railway right-of-way. This Planning Area has a gross area of 11 acres and a net
developable area of 10.7 acres.
Planning Area F carries a Non-Residential Reserve (NRR) General Plan designation. Planning
Area F is an "unplanned" area, for which land uses will be determined at a later date when more
specific planning is carried out for areas west of the railroad right-of-way. A future Major
Master Plan Amendment will be required prior to further development approvals for Planning
Area F, and shall include an LCP Amendment with associated environmental review, if
determined necessary.
The intent of the NRR designation is not to limit the range of potential future uses entirely to
non-residential, however, since the City's current general plan does not contain an "unplanned"
designation, NRR was determined to be appropriate at this time. In the future, if the Local
Coastal Program Amendment has not been processed, and the City develops an "unplanned"
General Plan designation, then this site would likely be redesignated as "unplanned." Future
uses could include, but are not limited to: commercial, residential, office, and other uses, subject
to future review and approval.
As part of any future planning effort, the City and Developer must consider and document the
need for the provision of lower cost visitor accommodations or recreational facilities (i.e. public
park) on the west side of the railroad.
11. Planning Area G
Planning Area G is located west of the AT&SF Railway right-of-way, east of Carlsbad
Boulevard, north of Planning Area H and south of the Avenida Encinas extension. Planning
Area G has a gross area of 8.4 acres and net developable area of 7.8 acres.
Planning Area G has a land use designation of TS/C. All development in Planning Area G shall
conform to the standards of the C-Tzone of the Carlsbad Municipal Code, Chapter 21.29.
Hotel units will be managed and maintained by a hotel management group. This area also allows
for hotel units which are also permitted to be designed as vacation time share units provided that
a subdivision map is recorded and the time share is processed under Section 21.42.010 of the
Carlsbad Municipal Code. Up to 220 hotel or vacation time share units shall be allowable within
this Planning Area, Each unit shall have the option to be designed with full kitchen facilities.
These units may be sold or leased on a daily or weekly basis. In this event the facilities shall be
maintained and managed by an independent management entity which may or may not be
affiliated with the hotel management group.
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This Planning Area provides tourist-commercial services and, in particular, the hotel and
conference center. Uses within this area shall be primarily directed toward the needs of tourists
visiting the hotel, conference center and local scenic and recreation areas.
In addition to the hotel/time share units described above, this Planning Area permits, but is not
limited to the following uses: restaurants, bakeries, convenience retail, barber and beauty shops,
book and stationery stores, dry cleaning, laundry service for hotel, florist shops, small specialty
grocery stores, novelty and/or souvenir stores, travel agencies, confectionery stores and jewelry
stores. Other similar uses are also allowed upon approval of the Director of Planning.
A maximum of 220 hotel and/or time share units, private recreation facilities in conjunction with
the hotel and/or time share related uses as well as 58,600 square feet of commercial area.
A maximum of 58,600 square feet of tourist commercial floor area is permitted.
12. Planning Area H
Planning Area H is located immediately east of Carlsbad Boulevard between the hotel to the
north and an open space area to the south. This Planning Area has a gross area of .7 acres and a
net developable area of .7 acres. Planning Area H is a lagoon blufftop area with a land use
designation of TS/C. This Planning Area is subject to special development standards which
address visual impacts to the lagoon.
Planning Area H will include a hotel and conference center with recreational facilities,
administrative offices, banquet facilities and accessory retail uses as approved by the Planning
Director. All development in Planning Area H shall conform to the standards of the C-T zone of
the Carlsbad Municipal Code, Chapter 21.29.
Permitted uses within Planning Area H are those commonly found with full service hotel
facilities to include, but not limited to, a conference center, swimming pool, tennis courts, health
club, dining facilities, and accessory retail uses provided for the convenience of hotel guests
when located within the hotel structure(s).
A maximum of a 150 executive suite hotel, a maximum of five tennis courts and a maximum of
120,000 square feet of commercial area which includes a 25,000 conference center is allowed
within this Planning Area.
13. Planning Area I
Open Space Area I is located north of Batiquitos Lagoon, west of the AT&SF Railway right-of-
way and east of Carlsbad Boulevard at the southwest corner of the Master Plan area. Planning
Area I has a gross area of 11.9 acres. Planning Area I has a land use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is
subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be
consistent with the approved enhancement plan. No activities contrary to that plan shall be
allowed. A desilting basin may be constructed in the northwest portion of Open Space Area I.
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The proposed desiltation basin site is outside the Batiquitos Lagoon Enhancement Plan's
implementation area. The City has reviewed a feasible design for the basin and storm drain in
the review of the former Batiquitos Lagoon Educational Park (BLEP) project. In addition, the
specific implementation design of the Enhancement Plan has accounted for the location of this
desiltation basin.
14. Planning Area J
Planning Area J is located north of Batiquitos Lagoon in the eastern portion of the Poinsettia
Shores Master Plan area. Planning Area J is the only portion of the Master Plan area that has
been developed. There are currently 70 homes built with five lots remaining to be developed.
Planning Area J has a gross area of 1.8 acres.
This planning area has a land use designation of RM and allows for the development of 75
single-family detached units of which 70 units have already been built.
15. Planning Area K
Planning Area K is located north of Batiquitos Lagoon, east of the AT&SF Railway right-of-way
and West of 1-5. Planning Area K has a gross area of 18. acres. This planning area has a land
use designation of OS.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is
subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be
consistent with the approved enhancement plan. No activities contrary to that plan shall be
allowed.
16. Planning Area L
Planning Area L is located north of Batiquitos Lagoon and Planning Area K and separating
Planning Areas A-4 from Planning Area J. Planning Area L has a gross area of 4.6 acres. This
planning area has a land use designation of 0-S.
Land within this planning area has been conveyed to the State Lands Commission as a
requirement of the BLEP Master Plan and approved Coastal Development Permit. The area is
subject to the Batiquitos Lagoon Enhancement Plan and any activities in this area shall be
consistent with the approved enhancement plan. No activities contrary to that plan shall be
allowed.
17. Planning Area M
Planning Area M has a land use designation of O-S. This area shall be developed as a private
Community Recreation Center and will be located adjacent to Avenida Encinas between
Planning Areas A-l and B-l. The Recreational Facility Center has a gross acreage of 2 acres and
a net acreage of 2 acres.
This facility will be available to all homeowners within the Poinsettia Shores Master Plan area,
except as outlined in the Poinsettia Shores Master Plan within the development standards of
Planning Area M.
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THE ABOVE LAND USE CATEGORIES REFLECT THE PLANNING AREAS WITHIN
THE POINSETTIA SHORES MASTER PLAN - THIS LCP AMENDMENT INCLUDES
ADDITIONAL AREA TO THAT OF THE POINSETTIA SHORES MASTER PLAN. THE
FOLLOWING LAND USE CATEGORY COVERS THOSE AREAS OUTSIDE THE
POINSETTIA SHORES MASTER PLAN, BUT WITHIN THIS AMENDMENT.
18. West Batiquitos Lagoon
Public Resources Code Section 30233(c) identifies Batiquitos Lagoon as one of 19 priority
wetlands and limits the types of uses and activity that may occur there. This area is Open Space
(O-S) in order to preserve the function of the lagoon and the immediately adjacent uplands as a
viable wetland ecosystem and habitat for resident and migratory wildlife. Uses shall be limited
to activities related to habitat enhancement, educational and scientific nature study, passive
recreation which will have no significant adverse impacts on habitat values, and aquaculture
having no significant adverse effect on natural processes or scenic quality.
B. AGRICULTURAL LANDS
(approximately 100 acres originally identified as non-prime, of which 60 remain)
Non-prime agricultural lands identified during the review of the Batiquitos Lagoon Educational Park
Plan are shown on Map C. Of the original 100 acres, 60 acres remain undeveloped. Forty acres have
been converted to urban uses in accordance with the provisions of the West Batiquitos Lagoon/Sammis
Properties Local Coastal Program and the Batiquitos Lagoon Educational Park Master Plan. An
agricultural conversion mitigation fee of $5,000/acre was set by the California Coastal Commission with
approval of the project. At the same time, the State Coastal Commission agreed to accept a bond and
recorded deed restriction securing the balance of payment due for conversion of the remaining 60 acres
of agricultural land. In September of 1986, $200,000 was paid by the property owner to the State
Coastal Conservancy for conversion of 40 acres to urban uses in accordance with the project conditions.
The remaining 60 acres of land may be converted to urban uses as specified in this plan and the
Poinsettia Shores Master Plan, upon the payment of an agricultural conversion mitigation fee. This fee
implements Public Resources Code Section 30171.5. Unconverted agricultural land may be used for
purposes specified in the Carlsbad E-A zone, Carlsbad Municipal Code, 21.07, or the Coastal
Agricultural zone if adopted pursuant to the "Mello II" segment of the Carlsbad LCP as amended.
Agricultural Conversion Mitigation Fee:
Conversion of non-prime agricultural lands shall be permitted upon payment of an agricultural
conversion fee which shall mitigate the loss of agricultural resources by preserving or enhancing other
important coastal resources. The amount of the fee shall be determined by the City Council at the time it
considers the proposal for development and shall reflect the per acre cost of preserving prime
agricultural land pursuant to Option 1 of the "Mello II" portion of the Carlsbad LCP, as amended, but
shall not be less than $5,000 nor more than $10,000 per acre. All mitigation fees collected under this
section shall be deposited in the State Coastal Conservancy Fund and shall be expended by the State
Coastal Conservancy in the following order of priority:
1. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon;
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2. Development of an interpretive center at Buena Vista Lagoon;
3. Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad;
4. Purchase of agricultural lands for continued agricultural production within the Carlsbad Coastal
Zone as determined by the Carlsbad City Council;
5. Agricultural improvements which will aid in continuation of agricultural production within the
Carlsbad Coastal Zone, as determined by the Carlsbad City Council.
Note: The fee for the remaining 60 acres of non-prime agricultural land within the Poinsettia Shores
Master Plan was set with the approval of the Batiquitos Lagoon Educational Park Master Plan at
$5,000 per acre.
C. GRADING AND EROSION CONTROL
a. Because the area is located close to environmentally sensitive habitats, all development must include
mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants,
erosion and sedimentation in accordance with the requirements of the City's Grading Ordinance,
Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad
Drainage Master Plan, and the following additional requirements. The SUSMP, dated April 2003
and as amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated in the LCP
by reference. Development must comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual to the extent that
these requirements are not inconsistent with any policies of the LCP.
b. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream drainage
facilities or to produce erosive velocities and appropriate measures shall be taken on and/or off the
site to prevent the siltation of the Batiquitos Lagoon and other environmentally sensitive areas.
c. All graded areas shall be hydroseeded prior to October 1 st with either temporary or permanent
materials. Landscaping shall be maintained and replanted if not established by December 1st.
d. Grading plans shall indicate staking or fencing of open space areas during construction and shall
specifically prohibit running or parking earth-moving equipment, stockpiling or earthwork material,
or other disturbances within the open space areas.
e. Any necessary temporary or permanent erosion control devices required for the development of a
specific planning area, such as desilting basins, shall be developed and installed prior to any on, or
off, site grading activities within the specific planning area requiring the mitigation, or, concurrent
with the grading, provided all devices required for that planning area are installed and operating
prior to October 1 st, and installation is assured through bonding or other acceptable means.
f. The developer must provide for the long-term maintenance of drainage improvements and erosion
control devices.
g. Prior to making land use decisions, the City shall utilize methods available to estimate increases in
pollutant loads and flows resulting from proposed future development. The City shall require
City of Carlsbad 106 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter II-3
developments to incorporate structural and non-structural best management practices (BMPs) to
mitigate the projected increases in pollutant loads and minimize any increases in peak runoff rate.
h. Water pollution prevention methods shall be implemented to the maximum extent practicable, and
supplemented by pollutant source controls and treatment. Small collection strategies located at, or as
close as possible to, the source (i.e., the point where water initially meets the ground) to minimize
the transport of urban runoff and pollutants offsite and into a municipal separate storm sewer system
(MS4) shall be utilized.
i. Post-development runoff from a site shall not contain pollutant loads which cause or contribute to an
exceedance of receiving water quality objectives or which have not been reduced to the maximum
extent practicable.
j. Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from eroding
and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive portions
of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water quality
benefits, such as riparian corridors, wetlands and buffer zones. Land acquisition of such
areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious surfaces in
areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize on-
site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning covers)
to minimize the opportunity for toxic compounds, oil and grease, heavy metals, nutrients,
suspended solids and other pollutants from entering the storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent off-site transport of
trash and other pollutants from entering the storm water conveyance system.
9. Limit disturbances of natural water bodies and natural drainage systems caused by
development including roads, highways and bridges.
10. Design streets and circulation systems to reduce pollutants associated with vehicles and
traffic resulting from development.
k. Priority projects identified in the SUSMP will incorporate structural BMPs and submit a Water
Quality Technical Report as specified in the NPDES permit and in the SUSMP.
1. Structural BMPs used to meet SUSMP requirements for priority projects shall be based on the
California Stormwater Quality Association (CASQA) Stormwater Best Management Practice (BMP)
Handbook, dated January 2003 or the current version of that publication, and designed to meet,
infiltrate, filter or treat the runoff produced from each storm event up to and including the 85th
percentile 24-hour storm event.
m. Priority projects will include projects increasing impervious area by more than 2,500 square feet or
by more than 10% of existing impervious area, that are in, adjacent to or drain directly to
City of Carlsbad 107 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter I 1-3
Environmentally Sensitive Areas (ESA), identified in the City of Carlsbad Standard Urban Storm
Water Mitigation Plan (SUSMP) dated April 2003, using the definitions of "adjacent to" and
draining directly to'' that are found in the SUSMP.
n. The City shall include requirements in all coastal development permit approvals to inspect and
maintain required BMPs for the life of the project.
o. The City will encourage and support public outreach and education regarding the potential water
quality impacts of development.
p. Development shall minimize land disturbance activities during construction (e.g., clearing, grading
and cut-and-fiil), especially in erosive areas (including steep slopes, unstable areas and erosive
soils), to minimize impacts on water quality of excessive erosion and sedimentation. Development
shall incorporate soil stabilization BMPs on disturbed areas as soon as feasible.
q. Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects Discharging to
Receiving Waters within Environmentally Sensitive Areas" as defined in Appendix I of the SUSMP,
including being treated as a priority project if they create more than 2,500 square feet of
impermeable surface or increase the impermeable surface on the property by more than 10%.
r. Although residential developments of less than 10 units, including single family residences, are
generally exempt from the SUSMP priority project requirements, they shall meet those requirements,
including achievement of the numerical sizing standard, if they are in, within 200 feet of, or
discharging directly to an ESA, including the Pacific Ocean; or shall provide a written report signed
by a licensed civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
s. Detached residential homes shall be required to use efficient irrigation systems and landscape
designs or other methods to minimize or eliminate dry weather flow, if they are within 200 feet of an
ESA, coastal bluffs or rocky intertidal areas.
t. The following minor revisions may occur to the Carlsbad SUSMP Storm Water Standards dated
April 2003 without an LCP amendment:
a. Addition of new Best Management Practices (BMPs) found to be more protective of water
quality than current BMPs or removal of BMPs found to be ineffective. (This does not include
removal of BMPs or categories of BMPs on the basis that the City finds them to be infeasible
or impractical.)
b. Addition of new development categories as Priority Projects.
c. Addition of new coastal waters to the map of Environmentally Sensitive Areas.
d. Reductions in the area of impervious surfaces used to designate a specific category of Priority
Projects.
u. Any minor changes made pursuant to the above list shall be accompanied by a finding that the
changes will improve and better protect coastal water quality. The City Engineer or Planning
Director shall notify the Executive Director in writing of any of the above listed changes. For any
changes not included in the above list, the City shall contact the Executive Director to determine
whether an LCP amendment is necessary, and if necessary, shall subsequently apply for an LPC
City of Carlsbad 108 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter JJ-3
amendment for the changes.
Note: The Poinsettia Shores Master Plan provides additional specific standards which relate to grading
- see standards for individual planning areas and the Master Plan Grading and Earthwork
Chapter.
D. LANDSCAPING
In order to guard against introduction of any species which are inherently noxious to, or incompatible
with, the adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used to the
maximum extent feasible.
Landscaping adjacent to structures should provide an effective screen of urban development.
Note: The Poinsettia Shores Master Plan provides additional specific standards which relate to
landscaping - see standards for individual planning areas and the Master Plan Theme Elements
Chapter.
E. ENVIRONMENTALLY SENSITIVE HABITATS
The environmentally sensitive habitats located on the affected area (i.e., wetlands and bluff slopes) shall
be preserved as open space.
These sensitive areas are protected from any significant disruption through fee dedication of wetland
areas and recordation of open space easements. The dedication of the designated wetland areas has been
completed and accepted by the California Coastal Conservancy. Recordation of several open space
easements has occurred with the existing development along the blufftop in the area identified as
Planning Area J. Recordation of additional open space easements along the bluff and railroad right-of-
way shall occur upon recordation of the final maps for Planning Areas A-3 and A-4, G and H.
Furthermore, development on the blufftops shall maintain setbacks as identified in the Poinsettia Shore
Master Plan from the bluff edges to prevent possible impacts on adjacent environmentally sensitive
habitats. No grading or manufactured slopes associated with the adjacent private residential
developments shall occur within the public open space and setback areas.
Any future restoration, enhancement and preservation of Batiquitos Lagoon shall be consistent with a
Batiquitos Lagoon Enhancement Plan. The Batiquitos Lagoon Enhancement Plan has been adopted by
the City of Carlsbad and certified by the California Coastal Commission. This plan is currently included
as an attachment to the Carlsbad Local Coastal Program. Any other lagoon enhancement plans must
also be approved by the City of Carlsbad and certified by the California Coastal Commission in
conformance with the California Coastal Act.
F. PUBLIC ACCESS
A pedestrian walkway shall be provided along the western portion of areas G and H from approximately
Avenida Encinas on the north to the San Marcos Creek Bridge on the south. The walkway shall be
permanently open to use by the public.
Lagoon accessways, blufftop accessways or equivalent overlook areas, and a bike path/pedestrian
walkway, shall be provided if agricultural land on the north shore of Batiquitos Lagoon is developed.
Each planning area containing a segment of the trail shall be conditioned to require construction and
City of Carlsbad 109 Local Coastal Program
Land Use - West Batiqiiitos Lagoon/Sammis Properties Chapter 11-3
maintenance of that portion of the trail within the planning area, unless otherwise specified in the
Batiquitos Lagoon Enhancement Plan. Each planning area containing a segment of the trail shall be
conditioned to construct its trail segment prior to issuance of any building permits for that planning area.
Such accessways shall be preserved for public use by requiring irrevocable offers of dedication of those
areas as a condition of development and, prior to the issuance of any building permits for those planning
areas, the trail dedications shall be accepted by the City of Carlsbad if the City agrees and it adopts a
Citywide Trails Program that includes provisions for maintenance and liability. Otherwise, prior to the
issuance of any building permits, the obligation for acceptance, construction, maintenance, and liability
shall be the responsibility of another agency designated by the City or the responsibility of the
Homeowners Association. Upon acceptance of the dedication, including maintenance and liability
responsibilities, and completion of the trail improvements, the trail shall be open for public use. The
accessways shall not adversely impact environmentally sensitive habitats.
A Trail Construction Plan shall be provided for all planning areas containing public trails. The public
trails alignment shall be as shown on the attached exhibit. The plan shall indicate that all trail
alignments will be atop of the lagoon or railroad slopes and shall be constructed in the least
environmentally-damaging manner. The public trail shall be a minimum width often feet measured
inland from the top of the bluff edge or railroad embankment. The trail improvements shall include a
minimum 5 foot wide improved accessway, fencing, trash receptacles and interpretive signage. In
addition to the existing trailhead at Windrose Circle, two additional trailheads shall be provided: one at
the southwest corner of Planning Area A-4 adjacent to the railroad right-of-way and one at the northwest
corner of Planning Area A-3, adjacent to Avenida Encinas. These trailheads shall include appropriate
directional signage and identification. The plan shall also include construction specifications,
maintenance standards, and specify what party(ies) shall assume maintenance and liability
responsibilities.
The public facilities and improvements specified by the Poinsettia Shores Master Plan shall be provided
by the developer - see the Public Facilities and Open Space Chapters of the Master Plan.
G. ARCHAEOLOGY
A program of preservation and/or impact mitigation regarding archaeological sites located on the
affected area shall be completed prior to any development.
H. STATE LANDS COMMISSION REVIEW
Prior to issuance of a coastal development permit, the permittee shall obtain a written determination
from the State Lands Commission that:
1. No State Lands are involved in the development, or
2. State Lands are involved in the development and all permits required by the State Lands
Commission have been obtained, or
3. State Lands may be involved in the development, but pending a final determination an agreement
has been made with the State Lands Commission for the project to proceed without prejudice to
that determination.
City of Carlsbad 110 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter II-3
1. MASTER PLAN APPROVAL
The Poinsettia Shores Master Plan as adopted by the Carlsbad City Council Ordinance No. NS-266 and
certified by the California Coastal Commission is approved as the Implementing Ordinance for this
Local Coastal Land Use Plan. Upon final certification by the California Coastal Commission, this
portion of the Carlsbad Local Coastal Program shall be deemed certified.
City of Carlsbad 111 Local Coastal Program
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Land Use - West Batiqmtos Lagoon/Sammis Properties Chapter U-3
Map B: LCP Amendment Boundary
West Batiquitos Lagoon
City of Carlsbad 113 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter JI-3
MapC:
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West Batiquitos Lagoon
City of Carlsbad 114 Local Coastal Program
Laud Use - East BatiquJtos Lagoon/Hunt Properties Chapter 11-4
II-4. East Batiquitos Lagoon/Hunt Properties
A. Background
This Local Coastal Program creates a new segment of the Carlsbad Local Coastal Program by addressing
the properties within the City of Carlsbad's coastal zone - outside the Mello I and Mello II areas. The
subject geographical area is east of 1-5 and generally includes the north shore of the Batiquitos Lagoon,
Batiquitos Lagoon, and Green Valley. The area was, prior to annexation into the City of Carlsbad in
1984, part of the San Dieguito LCP. This segment was certified in 1985.
B. Land Use Policies
1. Land Use Categories
Sub-areas (see map in back of document)
(1) North Shore Batiquitos Lagoon (outside the wetland boundary).
All non-agricultural land use and development is subject to the provisions of the Pacific Rim
Master Plan as adopted by Carlsbad City Council and as approved or modified by the California
Coastal Commission. No development inconsistent with the Master Plan shall be permitted. To
the extent that there are inconsistencies between the Master Plan and this LCP the most
restrictive requirements shall prevail.
It is understood that Sub-Area No. 1 is part of a larger holding on the north shore owned by Hunt
Properties or its successors in interest. These other contiguous properties are included in the
Mello I and Mello II segments of the Carlsbad LCP. All contiguous north shore properties
including the lagoon which are owned by Hunt Properties or its successors shall be the subject of
a single master plan.
(a) Land Uses Permitted Pursuant to a Master Plan
Unless otherwise noted herein, uses permitted by the Master Plan shall be consistent with
those allowed by the Carlsbad General Plan as adopted as of March 1,1988. In general,
the Master Plan and Carlsbad General Plan allow for a combination of residential,
commercial, and open space uses. Specifically, the uses shall be as follows:
1) Residential - the Mesa (Planning Area 30) shall be designated Residential
Medium Density (RM 4-8 du/ac) but constraints to development permit a
maximum of 135 du. All other residential areas subject to this LCP segment are
designated Residential Low-Medium density (RLM 0-4 du/ac).
2) Commercial - Portions of Planning Areas 10 and 11 that are subject to this plan
are designated Recreation Commercial (RC). In addition to the uses permitted
under this designation, other uses may include restaurants.
3) Open Space - Portions of Planning Area 1, 1A, and IB are designated Open
Space (OS). In addition to uses permitted under this designation, other uses may
City of Carlsbad 115 Local Coastal Program
Land Use - East Batiquitos Lagoon/Hunt Properties Chapter 11-4
include public and/or private golf course plus accessory uses such as clubhouse
facilities. Uses in this open space area shall be designated so that there will be no
significant adverse impacts on environmentally sensitive habitats. Also
designated for open space is the lagoon wetland and a buffer (transition habitat
Planning Areas 31A and 3IB). The only uses allowed within the wetland shall
be consistent with Section 30233 (Public Resources Code - See discussion in
Policy C-l below). The only uses allowed within the wetland buffer is lateral
public access trail system, including signing and fencing as required consistent
with the Batiquitos Lagoon Enhancement Plan prepared by the California Coastal
Conservancy and/or as approved by the Coastal Commission in Coastal
Development Permit No. 6-87-680. The trail shall be designed so as to. maintain
and preserve sensitive wetland areas from disturbance, encroachment, human or
domestic pet interference.
(2) Batiquitos Lagoon
The lagoon wetland area as determined by California Department of Fish and Game (CDFG) and
the U.S. Fish and Wildlife Service (FWS) is designated Open Space (OS) with a Special
Treatment Area Overlay. The general boundaries are shown on Exhibit . The precise
wetland boundaries as determined by the above agencies are depicted on a map on file in the
Carlsbad Planning Department.
(3) Green Valley (approximately 280 acres)
The area south of La Costa Avenue and west of El Camino Real is designated for a combination
of uses as follows:
(a) Riparian corridor of Encinitas Creek (approximately 40 acres) designated Open Space
(OS) with a Special Treatment Overlay.
1) Steep Slopes - Slopes 40% or greater are designated Open Space (OS) and
constrained from development. Slopes 25% to 40% may also be constrained
from development. (See Grading Section.)
(b) Upland (approximately 240 acres) is designated for a combination of Residential
(Medium High Density - RMH - 9-15 du/ac), Commercial (C). and Office (0) uses. The
maximum height of new development shall be limited to 35 feet consistent with the
Carlsbad Municipal Code. Additionally, the intensity of development shall be
compatible with the currently planned road capacities of La Costa Avenue and El
Camino Real. Approval of these land uses shall not be considered precedent for
increasing the road capacity of these two corridors. Development of the entire 280 acres
of Green Valley shall be pursuant to a Master Plan which is consistent with the uses
allowed by the Carlsbad General Plan adopted as of March 1, 1988.
2. Agriculture/Planned Development
Prior to the approval (by Carlsbad and the Coastal Commission or its successor) of a master plan for
either Sub-area No. 1 (Northshore) or Sub-area No. 3 (Green Valley) the uses permitted on either Sub-
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area shall be consistent with those allowed by the Mello II LCP Segment Policy 2-1C (Permitted Uses
on Agricultural Lands). Conversion of these non-prime agricultural lands to urban uses pursuant to the
approved master plan(s) shall be consistent with the Coastal Act Section 30171.5 (Public Resources
Code) which requires a mitigation fee.
Development pursuant to the approved master plan(s) shall be consistent with the provisions of the
Carlsbad Planned Community Zone with the additional requirement that all development as defined by
the Coastal Act shall require approval of a Coastal Development Permit.
3. Environmentally Sensitive Habitats
The environmentally sensitive habitats (wetlands, riparian areas, and areas greater than 25% slope) shall
be preserved as open space with the following additional requirements:
(1) Batiquitos Lagoon Special Treatment Overlay - The wetlands as defined and determined by
CDFG and FWS shall be constrained from development. Pursuant to Section 30233(C) (Public
Resources Code) any alteration of the wetlands shall be limited to minor incidental public
facilities, restorative measures, and nature studies. Furthermore, any alteration of the wetlands
must be approved by the City of Carlsbad and the Coastal Commission. The latter because it
will retain Coastal Development Permit jurisdiction. In addition, any wetland alteration will
require federal approval through an Army Corps of Engineers (COE) permit.
(2) Wetlands Buffer - The lagoon Special Treatment Overlay shall include a buffer area outside the
wetlands boundary as mapped by CDFG and FWS. The buffer shall be of sufficient width
(minimum 100 feet unless approved by the Coastal Commission or its successor as part of a
Coastal Development Permit) so as to provide a transition habitat as well as provide a protective
area to reduce possible disruptive impacts to the lagoon's wildlife and habitats. No development
shall occur within the wetlands buffer except for the lateral public access trail described in Policy
A1C above.
(3) Green Valley Riparian Corridor - The riparian corridor (approximately 40 acres) shall be
constrained from all development. In addition, a 50 foot wide buffer area shall be preserved in
open space upland of the boundaries of the riparian corridor. Unless otherwise specified herein,
development within the buffer area shall be limited to the construction of a pedestrian path with
fencing and other improvements deemed necessary to protect the riparian habitat in the upper
(upland) half of the buffer area. Any alteration of the riparian corridor shall be limited to the
following and shall require Carlsbad approval, a Coastal Development Permit, Stream Alteration
Agreement, and COEP permit:
(a) Access - A maximum of two (2) crossings shall be permitted to provide access to the
developable portions of Green Valley. The access crossings shall be designed to
minimize adverse impacts to the habitat value of the riparian corridor and shall be
mitigated by the creation of and maintenance of new riparian habitat at a ratio of 3 square
feet of new riparian area for each 1 square foot of disturbance associated with
construction of the accessways. All mitigation required shall be located onsite and
contiguous with the existing riparian corridor.
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(b) Flood and sediment control projects - shall be allowed adjacent to the riparian corridor
provided such projects do not involve any removal of riparian habitat or diversion of
non-flood water flows upon which the habitat is dependent provided there are no less
environmentally damaging feasible alternatives and/or public health, safety, and welfare
or protection of the lagoon is found to be a mutually exclusive higher priority.
(4) Steep Slopes - Slopes 40% or greater shall be constrained from development. Slopes 25% to
40% may be constrained from development. (See Grading and Erosion Control below.)
The above environmentally sensitive areas shall be protected from any significant disruptive impacts
through fee dedication of the wetlands and recordation of open space easements over the lagoon buffer
and riparian corridor and recordation of open space deed restrictions over the riparian corridor buffer and
constrained steep slopes. For the wetlands of Batiquitos Lagoon and the upland 100 foot wide buffer
area and designated steep slope areas constrained from development north of the lagoon, recordation of
such open space easements and recordation of open space deed restrictions shall be required as
conditions of approval of the Pacific Rim Master Plan. For the environmentally sensitive areas of Green
Valley, recordation of an open space easement over the riparian corridor and recordations of open space
deed restrictions over the riparian buffer area and steep slope areas constrained from development shall
be required as conditions of development at the time of review of the required Master Plan for the area
under the coastal development permit process.
4. Grading, Drainage and Erosion Control
(1) Batiquitos Lagoon is the primary coastal resource within the subject area and warrants stringent
controls on upstream development activities. Downstream impacts of possible erosion and
sedimentation due to development must be limited to insignificant levels. Many slope areas on
the property contain sensitive vegetation and support a variety of wildlife species. Slope areas
also pose possible geologic hazards and require close development review.
(2) Any development proposal that affects slopes 25% inclination or greater, shall be required to
prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall
be prepared during the CEQA environmental review on a project-by-project as is and shall be
required as a condition of a coastal development permit.
(3) Under the Master Plan requirements, any development shall conform to the following additional
standards:
(a) For those slopes mapped as possessing endangered plant/animal species and/or Coastal
Sage Scrub and Chaparral plant communities, the following shall apply:
1) Slopes of 25% grade and over shall be preserved in their natural state, unless the
application of this policy would preclude any reasonable use of the property in
which case an encroachment not to exceed 10% of the steep slope area over 25%
grade may be permitted. For existing legal parcels, with 25% grade, any such
encroachment shall be limited so that at no time is more than 20% of the entire
parcel (including areas under 25% slope) permitted to be disturbed from its
natural state. This policy shall not apply to the construction of roads of the City's
Circulation Element or the development of utility systems. Uses of slopes over
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25% may be made in order to provide access to flatter areas if there is no less
environmentally damaging alternative available.
2) No further subdivisions of land or utilization of Planned Unit Developments shall
occur on lots that have their total area in excess of 25% slope unless a Planned
Unit Development is proposed which limits grading and development to not
more than 20% of the total site area.
3) Slopes and areas remaining undisturbed as a result of the hillside review process,
shall be placed in a permanent open space easement as a condition of
development approval. The purpose of the open space easement shall be to
reduce the potential for localized erosion and slide hazards, to prohibit the
removal of native vegetation except for creating firebreaks and/or planting fire
retardant vegetation and to protect visual resources of importance to the entire
community.
(b) For all other 25% and over slope areas, the City Council may allow exceptions to the
above grading provisions provided the following mandatory findings to allow exceptions
are made:
1) A soils investigation conducted by a licensed soils engineer has determined the
subject slope area to be stable and grading and development impacts mitigable
for at least 75 years, or life of structure.
2) Grading of the slope is essential to the development intent and design.
3) Slope disturbance will not result in substantial damage or alteration to major
wildlife habitat or native vegetation areas.
4) If the area proposed to be disturbed is predominated by steep slopes and is in
excess of 10 acres, no more than one third of the total steep slope area shall be
subject to major grade changes.
5) If the area proposed to be disturbed is predominated by steep slopes and is less
than 10 acres, complete grading may be allowed only if no interruption of
significant wildlife corridors occurs.
6) Because north-facing slopes are generally more prone to stability problems and
in many cases contain more extensive natural vegetation, no grading or removal
of vegetation from these areas will be permitted unless all environmental impacts
have been mitigated. Overriding circumstances are not considered adequate
mitigation.
(c) Drainage and runoff shall be controlled so as not to exceed at any time the rate associated
with property in its present state, and appropriate measures shall be taken on and/or
offsite to prevent siltation of lagoons and other environmentally sensitive areas,
(d) The appropriate erosion control measures shall be installed prior to onsite grading.
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(e) All undeveloped slopes shall be placed in open space easements as a condition of
development.
(f) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with
the following additional criteria:
1) Submittal of a runoff control plan designated by a licensed engineer qualified in
hydrology and hydraulics, which would assure no increase in peak runoff rate
from the developed site over the greatest discharge expected from the existing
undeveloped site as a result of a 10-year frequency storm. Runoff control shall be
accomplished by a variety of measures, including, but not limited to, onsite
catchment basins, detention basins, siltation traps, and energy dissipators and
shall not be concentrated in one area or a few locations.
2) Detailed maintenance arrangements and various alternatives for providing the
ongoing repair and maintenance of any approved drainage and erosion control
facilities.
3) All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
4) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1 st with
temporary or permanent (in the case of finished slopes) erosion control
measures and native vegetation. The use of temporary erosion control
measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris
basins, and silt traps shall be utilized in conjunction with plantings to minimize
soil loss from the construction site. Said plantings shall be accomplished under
the supervision of a licensed landscape architect and shall consist of seeding,
mulching, fertilization, and irrigation adequate to provide 90% coverage within
90 days. Planting shall be repeated, if the required level of coverage is not
established. This requirement shall apply to all disturbed soils, including
stockpiles.
5) All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development
must also comply with the requirements of the Jurisdictional Urban Runoff
Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not inconsistent with any policies of the
LCP.
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\ 1) Structural BMPs used to meet SUSMP requirements for priority projects shall be
based on the California Storm water Quality Association (CASQA) Stormwater
Best Management Practice (BMP) Handbook, dated January 2003 or the current
version of that publication, and designed to meet, infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile 24-
hour storm event.
12) Priority projects will include projects increasing impervious area by more than
2,500 square feet or by more than 10% of existing impervious area, that are in,
• adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified
in the City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP)
dated April 2003, using the definitions of "adjacent to" and "draining directly to''
that are found in the SUSMP.
13) The City shall include requirements in all coastal development permit approvals
to inspect and maintain required BMPs for the life of the project.
14) The City will encourage and support public outreach and education regarding the
potential water quality impacts of development.
15) Development shall minimize land disturbance activities during construction (e.g.,
clearing, grading and cut-and-fill), especially in erosive areas (including steep
slopes, unstable areas and erosive soils), to minimize impacts on water quality of
excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMPs on disturbed areas as soon as feasible.
16) Projects within 200 feet of the Pacific Ocean shall be dealt with as "Projects
Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as apriority project
if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
17) Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical
sizing standard, if they are in, within 200 feet of, or discharging directly to an
ESA, including the Pacific Ocean; or shall provide a written report signed by a
licensed civil engineer showing that as the project is designed they are mitigating
polluted runoff, including dry weather nuisance flows, to the maximum extent
practicable.
18) Detached residential homes shall be required to use efficient irrigation systems
and landscape designs or other methods to minimize or eliminate dry weather
flow, if they are within 200 feet of an ESA, coastal bluffs or rocky intertidal
areas.
19) The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
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6) Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMPs) to mitigate the projected
increases in pollutant loads and minimize any increase in peak runoff rate.
7) Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and treatment.
Small collection strategies located at, or as close as possible to; the source (i.e.,
the point where water initially meets the ground) to minimize the transport of
urban runoff and pollutants offsite and into a municipal separate storm sewer
system (MS4) shall be utilized.
8) Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which
have not been reduced to the maximum extent practicable.
9) Development projects should be designed to comply with the following site
design principles:
a. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
b. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
c. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer
zones. Land acquisition of such areas shall be encouraged.
d. Provide development-free buffer zones for natural water bodies.
e. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
f. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
g. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
entering the storm water conveyance system.
h. Incorporate roof or awning covers over trash storage areas to prevent off-
site transport of trash and other pollutants from entering the storm water
conveyance system.
i. Limit disturbances of natural water bodies and natural drainage systems
caused by development including roads, highways and bridges.
j. Design streets and circulation systems to reduce pollutants associated with
vehicles and traffic resulting from development.
10) Priority projects identified in the SUSMP will incorporate structural BMPs and
submit a Water Quality Technical Report as specified in the NPDES permit and
SUSMP.
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a. Addition of new Best Management Practices (BMPs) found to be more
protective of water quality than current BMPs or removal of BMPs found
to be ineffective. (This does not include removal of BMPs or categories
of BMPs on the basis that the City finds them to be feasible or
impractical.)
b. Addition of new development categories as Priority Projects.
c. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
d. Reduction in the area of impervious surfaces used to designate a specific
category of Priority Projects.
20) Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an
LCP amendment is necessary, and if necessary, shall subsequently apply for an
LCP amendment for the changes.
5. Landscaping
In order to guard against introduction of any species which are inherently noxious to or incompatible
with adjacent lagoon habitat, drought tolerant plants and native vegetation shall be used in areas of
proximity to the wetland, to the maximum extent feasible.
Landscaping adjacent to structures should provide an effective screen of urban development.
6. Scenic and Visual Qualities
The scenic and visual qualities of the area are of great value to the region. Again, the focal point for
these qualities is Batiquitos Lagoon. The viewshed to the lagoon and from the lagoon shoreline are
important resources. Many of the requirements previously established by this document address visual
quality components, such as:
setbacks;
preservation of slope areas;
preservation of lagoon and riparian habitats;
enhancement of the lagoon environments; and
controlled grading.
(1) In addition to these provisions, the following shall be provided to further address the important
scenic and visual character of the area:
(a) La Costa Avenue should be established as scenic corridor pursuant to the City of
Carlsbad General Plan Scenic Highway Element.
(b) Scenic corridor status shall be pursued for any public roadway to be established along a
part or the entire lagoon north shore.
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(c) Existing, mature, healthy vegetation such as eucalyptus stands, shall be preserved where
possible.
(d) Offsite signing along public roadways shall be prohibited.
(e) If a Master Plan is pursued for the property, the provisions of the City of Carlsbad Scenic
Preservation Overlay Zone should be utilized where appropriate.
(f) View points shall be established along the north and south shore areas (if and where
environmentally sound and physically possible) to provide varied visual access to the
lagoon.
(g) View points should offer a mix of accessibility for pedestrian, bicycle, and motor
vehicles.
7. Public Access
La Costa Avenue is designated a major arterial providing coastal access from inland areas to the east.
Construction of La Costa Avenue to major arterial standards shall be designed so as to limit
environmental impacts including a limit of maximum of four traffic lanes, with a median, and pedestrian
walkways/sidewalks on only the south side of the roadway. Any road construction that involves
wetlands impacts shall require a coastal development permit issued by the Coastal Commission.
Wetlands impact mitigation shall be a condition of the permit.
A public access trail system along the north shore of Batiquitos Lagoon with adequate trailhead public
parking areas shall be required as a condition of approval for any development along the north shore
pursuant to the Pacific Rim Master Plan. The trail shall be conveyed to an appropriate agency or non-
profit organization (subject to Carlsbad approval) through a recorded public access easement.
Public access along the south shore shall be provided as part of La Costa Avenue improvements. Access
shall include but not be limited to a pedestrian walkway and bicycle lane along the entire south shore
length covered by this LCP segment.
Lagoon accessways and overlook areas along the north shore shall be provided. The responsibility for
construction and maintenance of such facilities shall be with the developer as a condition of any permit
approval unless otherwise specified in the Batiquitos Lagoon Enhancement Plan (on file with the City of
Carlsbad) and/or as approved by the Coastal Commission in Coastal Development Permit No. 6-87-680.
Such accessways shall be preserved for public use by requiring appropriate offers of entitlement of those
areas as a condition of the implementation of the Batiquitos Lagoon Enhancement Plan. The accessways
shall not adversely impact environmentally sensitive habitats.
8. State Lands Commission Review
(1) Prior to issuance of a coastal development permit, permittee shall obtain a written determination
from the State Lands Commission that:
(a) No State lands are involved in the development, or
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(b) State lands are involved in the development and all permits required by the State Lands
Commission have been obtained, or
(c) State land may be involved in the development, but pending a final determination an
agreement has been made with the State Lands Commission for the project to proceed
without prejudice to that determination.
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Exhibit Planning Sub-Area Map
LEGEND
AFEA
City of Carlsbad 126 Local Coastal Program
Land Use - Implementation Chapter III
III. Implementation
The Policy/Implementation Connection
The Local Coastal Program Land Use Element is the long range guide for the City, its citizens and property
owners, and other regulatory agencies relative to conservation, management, and development within the
Carlsbad Coastal Zone. The City assumes primary responsibility for implementing the plan as it affects private
land use. The LCP will be used as the standard for evaluating and making decisions on land use proposals in the
Coastal Zone. The policies of the Land Use Element are implemented by the City's codes, policies and
procedures.
City of Carlsbad 127 Local Coastal Program