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HomeMy WebLinkAbout1986-12-17; Planning Commission; Resolution 2570r J 2 a 4 5 16 7 8 9 10 3.1 12 13 14 15 16 17 18 2.9 I 20 21 22 23 24 25 26 27 28 e 0 PLANNING COMMISSION RESOLUTION NO. 2570 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT BY THE REVISION OF TITLE 21, CHAPTER 53, SUBSECTION 120 BY THE ADDITION OF SUBSECTION (D) AND BY THE ADDITION TO TITLE 21 OF CHAPTER 21.95 TO ESTABLISH HILLSIDE DEVELOPMENT REGULATIONS FOR THE CITY OF CARLSBAD APPLICANT: CITY OF CARLSBAD CASE NO. : ZCA-154 WHEREAS, the Planning Commission did, on the 15th day of October, the 19th day of November, and the 17th day of December, 19d6, hold duly noticed pu'blic hearings as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: A) That the above recitations are true and correct. 3) That based on the evidence presented at the public hearing, the Commission recommends APPROVAL of ZCA-194, according to Exhibit "AI', dated December 17, 1986, attached hereto and made a part hereof, based on the following findings: Findings: 1) The proposed amendment will preserve the integrity of Carlsbad's hillsides by assuring that development density and intensity relates to the slope of the land. 2). The proposed amendment will promote proper design and grading techniques for hillside developments. 3) The proposed amendment will assure that hillside conditions are properly identified and incorporated into the planning process. 4) The proposed amendment will assure that proposed developments are sensitive to the existing topography. ///I II 0 0 I 5) The project will not cause any significant environmental 1 PASSED, APPROVED AND ADOPTED at a regular meeting of the 3 by the Planning Commission on December 17, 1986. 2 impacts and a Negative Declaration has Seen issued by the Planning Director on June 7, 1986 and recommended for APPROVAL 4 Planning Commission of the City of Carlsbad, California, held on 5 wit: 6 the 17th day of December, 1986, by the following vote, to 7 8 AYES : Chairman Schlehuber, Commissioners: Hall, Schramm, Marcus & McFadden. NOES : None. 9 10 11 ABSENT: Commissioners: Holmes & McBane. ABSTAIN : None. 12 13 CARLSBAD PLANNING COMMISSION ’* 11 ATTEST : 4 16 15 dta@%4,~&~ PLANNING DIRECTOR 17 18 MICHAEL 3. HO ]ZMIL . R 19 ! 20 21 22 23 24 25 26 27 28 PC RES0 NO. 2570 -2- , 1 2 3 4 0 0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION OF TITLE 21, CHAPTER 53, SECTION 120 BY THE ADDITION OF SUBSECTION (D) AND BY THE ADDITION TO TITLE 21 OF CHAPTER 21.95 TO ESTABLISH HILLSIDE DEVELOPMENT'REGULATIONS FOR THE CITY OF CARLSBAD. 5 SECTION 1: That Title 21, Chapter 21.53 of the Carlsbad 7 The City Council of the City of Carlsbad, California does 6 ordain as follows: 8 to read as follows: 9 Municipal code is amended by the addition of Section 21.53.120 (d) 10 21.53.120(d). No more than 50% of the portion of a site containing 25 to 40% (percent) slopes may be utilized for 11 12 on slopes with an inclination of 25 to 40% (percent) inclusive calculating allowable residential density. Residential development accommodate the project. For projects within the Coastal Zone, the shall be designed to minimize the amount of grading necessary to 13 grading provisions of the Carlsbad Local Coastal Program shall 14 15 16 17 18 apply SECTION 2: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.95 to read as follows: ///I ill/ 19 1 /I1/ 20 21 22 23 24 25 26 27 ' /I// I/// I/// //I/ //I/ //I/ llli I/// /I// 28 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 I 25 j 26 1 27 1 28 ' Chapter 21.95 HILLSIDE DEVELOPMENT REGULATIONS Sections: 21.95.010 21.95.020 21.95.030 21.95.040 21.95.050 21.95.060 21.95.070 21.95.080 21.95.090 Purpose and Intent Hillside Mapping Procedures General Restrictions Residential Density Calculations Subdivision of Hillside Lands Development and Design Standards Modification to Development and Design Standards Non-Residential Development Exclusions 21.95.010 Purpose and Intent. The purpose and intent of A) Assure hillside alteration will not result in the Hillside Development Regulations are to: substantial damage or alteration of significant-natural resource areas, wildlife habitats or native vegetation areas; assuring that development density and intensity relates to the slope of the land, and is compatible with hillside preservation. landscaping and in the development of structures and roadways to preserve the natural appearance of hillsides; pleasing environment by assuring that hillside development is pleasing to the eye, rich in variety, highly identifiable and reflects the City's cultural and environmental values; incorporated into the planning process. space/conservation elements of the Carlsbad General Plan. siltation. requiring a minimal amount of grading. to ensure all development that does occur is compatible with the existing topography. B) Preserve the natural appearance of hillsides by C) Assure proper design is utilized in grading, D) Preserve and enhance a healthful and aesthetically E) Assure hillside conditions are properly identified and F) Implement the intent of the land use and open G) Prevent erosion and protect the lagoons from excessive H) Encourage creatively designed hillside development I) Reduce the intensity of development on hillside areas 21.95.020 Hillside Mapping Procedures. A slope analysis and slope protlles shall be illustrated on a constraints map, and shall accompany all development submittals for properties that have any slopes in excess of 15% and an elevation differential greater than 15 feet. liil I/// 2. I I ~ 0 0 1 2 3 4 A) Slope acreage and percen for each General P analysis. Slope analysis shall identify the tage of each of the following slope categories lan land use designation and zone of the site: 1) 0 - less than 15% slopes 2) 15 - less than 25% slopes 3) 25 - less than 40% slopes 4) 40% or greater slopes a) Percentage of slope is determined by: 5 11 Vertical Distance I 6 II (Contour Interval) Horizontal Distance x 100 = % Slope 7 /I (Distance between Contour Intervals) B) Slope profiles. A minimum of three slope profiles 8 9 (slope cross sections) shall be included with the submittal of the slope analysis on the constraints map. Slope profiles shall: the constraints map, grading or preliminary grading plan and 2) Show both existing and proposed topography, 1) Be drawn at the same scale and indexed or keyed to 10 structures and infrastructures. Proposed topography, structures 11 project site map; 14 3) Include the slope profile for at least 100 feet 13 with a thin or dashed line. Existing topography, structures and infrastructure shall be drawn 12 and infrastructure shall be drawn with a solid heavy line. proposed, and topography is proposed, 16 a) the greatest alteration of the existing 15 site where: from the project site boundary. C) Assurance of accruate hillside mapping. 45% angle to the other slope profiles and existing contour lines. contour lines. The remaining slope profile shall be roughly at a 19 parallel to each other and roughly perpendicular to existing uses. 18 c) the site is most visable from surrounding land 17 4) Be drawn along those locations of the project b) the most intense or bulky development is 5) Two of the slope profiles shall be roughly 2o 1 Both the slope analysis and slope profiles shall be 21 ! stamped and signed by either a registered landscape architect, 24 slope profiles have been accurately calculated and identified, 23 profiles and attesting to the fact that the slope analysis and scale of topographic data used in the slope analysis and slope 22 civil engineer or land surveyor indicating the datum, source and 27 been issued. An application for a hillside development permit 26 feet shall be developed unless a hillside development permit has slope of 15% or more and an elevation differential greater than 15 25 consistent with this section. 28 shall be processed and approved concurrently with any other 21.95.030 General Restrictions. No property with a 3. /I II a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 development permits required by Titles 11, 18, 20, or 21 of this code. The same decision making body or official which has the authority to approve the other development permits required for the project shall have the authority to approve a hillside development permit. If no permits other than a building or grading permit are required for the project then the Planning Director shall have the authority to approve or deny hillside development permits subject to appeal to the Planning Commission. Such appeal shall be made within ten days after the Planning Director's decision. A hillside development permit shall be approved only if all of the following findings can be made. 1) That hillside conditions have been properly identified. 2) That undevelopable areas of the project have been properly identified. 3) That the development proposal and all applicable development approvals and permits are consistent with the purpose, intent and requirements of this chapter. portions of the property which are undevelopable pursuant to the provisions of Section 21.53.120 of this code. minimizes disturbance of hillside lands. intent of the concepts illustrated in the Hillside Development Guidelines manual. 4) That no development or grading will occur in those 5) That the project design and lot configuration 6) That the project design substantially conforms to the ~ 1 21.95.040 Residential Density Calculation. A) Areas of a site in slopes greater than 40% shall be excluded from residential density calculations consistent with Section 21.53.120 of the Carlsbad Municipal Code. 25 -40% slopes may be utilized for calculating allowable residential density consistent with Section 21.53.120 of the Carlsbad Municipal Code. B) No more that 50% of the portion of a site containing 21.95.050 Minimum development of hillside lands. The provisions of this chapter shall be aDDlied so as to 1) Not preclkde a reasonabli*use of a hillside parcel which was legally existing on the date of the ordinance adopting this chapter. public facilities or services to any parcel identified in subsection (1) and dwelling unit per parcel described in subsection (1). 2) Not preclude the efficient and safe provision of 3) Allow development of at least one single family 24 25 used to provide a variety of both slope percentage and slope 26 Overlay Zone. direction in a three dimensional undulating pattern similar to 27 existing, adjacent natural terrain. The lines established, by the 21.95.060 Hillside Development and Design Standards. A) All development on slopes of 25% or greater within the Coastal Zone shall comply with the requirements of the Coastal B) Contour grading. Contour grading techniques shall be 4- 28 .- II 0 0 toe and top of the graded slope shall also undulate in this 1 define the area or extent of grading, the area in acres, of both developable portions of the site shall be kept to a minimum. To 3 C) Area or extent of grading. Grading of the feet in height or 200 feet in length be created. 2 shall a straight, flat, cut or filled slope face greater than 30 fashion. Contour grading shall undulate so that, in no case cut excavation and fill areas shall be calculated. This 4 calculation shall be noted on the particular cut or fill area. 5 The total areas of cut and fill shall be noted on the grading and preliminary grading plan. Additionally, the areas of cut and 6 fill as a percentage of the total site area shall be noted in the grading and preliminary grading plan. The areas of cut and fill 7 offsite yet physically attached to onsite cut and fill areas 8 shall also be included in the calculations of cut/fill areas. percent slopes requiring grading in excess of the grading 9 necessary to provide roadways, utilities, building foundations, parking areas or recreational areas in conformance with this justifying the reasons for the excess grading, subject to the Applications which propose development on 25 - 40 10 11 chapter, shall submit for review specific written findings to the extent possible, be screened from view behind or under 12 approval of the decision making body. buildings, by landscaping, or by natural topographic features. 13 All manmade slopes shall be landscaped to the satisfaction of the Planning Director prior to occupancy of any structures. units are stepped down the hillside all parts of structures 15 proposed for development on hilltops and on pads created on hillsides shall be sufficiently setback from the adjoining 16 downhill slopes so that the visual impact on the surrounding area is eliminated or significantly reduced by the slope. Where 17 public safety can be assured the setback area shall be used for public, common or private open space. Small irregular berming 18 shall be used within the ground level setback to create visual and site interest. Setbacks shall be sufficient to eliminate or 19 I significantly reduce any jutting vertical mass which would be 20 visually incompatible with natural hillside landforms. roads, roadways shall not greatly alter the physical and visual EL character of a hillside, by creating large "notches" in ridgelines or by defining wide, straight alignments. Roadways 2% shall follow the natural contour of the land and be modulated by sufficient berming, contour grading and landscaping, to create 23 visually interesting and pleasing roadways. 24 shall generally decrease with an increase in the percent of 'hillside slope. Multi-level or terraced foundations which fit a 25 structure into the natural slope and form of the hillside shall be the preferred structural design on the uphill side of the 26 street. Hillside architecture shall incorporate appropriate structure modulation along with floor and roof level transitions D) Screening graded slopes. Cut or fill slopes shall, 14 E) View preservation and enhancement. Except where F) Roadway design. Except for Circulation Element G) Hillside architecture. The volume of structures nw GI I1 5. 28 I I1 0 0 to fit a structure and roofline into the natural contours, 1 structure shall orient parallel with the contour of the hillside. features and background of the hillside. The length of a visual screening. 15 width shall be varied to accommodate landscaping for additional 14 paved surface. If drainage benches are required on a slope their provided for all dwelling units that do not drain directly onto a 13 Roofwater collection and drainage dispersal systems shall be feasible, maintain all natural drainage patterns and courses. 12 Architectural Review Guidelines. 11 found in the City of Carlsbad's Design Guidelines Manual and Examples of the desired hillside and hilltop architecture can be 10 appearance of a hilltop ridgeline from surrounding viewpoints. sensitive landscaping shall be used to appropriately maintain the 9 Significant downslope setbacks, small modulated berms, and enhance the major features of hilltops, not dominate them. 8 architecture standards, hilltop architecture should extend and constructed on the downhill side of all hillside structures. vegetation. Hose bibs and electrical outlets shall be 6 harmonious in tone and texture with the hillside and surrounding slope of the hillside. Exterior, materials and colors shall be 5 discouraged. The dominate roof slope shall follow the dominate proportion or scale with the hillside landform shall be 4 accessory structures or fences which are not in the same pattern, angular, vertical or other obtrusive geometric architecture 3 to width ratio shall be required. Bulky, rigid, excessively The greater the hillside slope, the longer the structure length 2 16 feet in height. 17 yards shall be calculated. The cut or fill volumes shall be 18 fill shall be noted on the grading and preliminary grading plan. 3) Volume of earth moved for cuts and fills shall 19 1 be minimized. The larger volume of the total cut or total fill 20 (that is graded) shall equal the volume of hillside grading for 7 H) Hilltop architecture. In addition to the hillside Ij Hillside drainage shall to the maximum extent J) Slope height and volume of grading cut or fill. 1) Cut or fill slopes shall not be greater than 30 2) The volumes of both the cut and fill in cubic noted on the particular cut or fill. The total volume of cut and volumes divided by the total area in acres that is cut and filled this chapter. The relative acceptability of hillside grading volume shall be determined by the following: 21 I 22 23 24 25 ' 26 Cubic Yards of cut or fill grading per acre of cut & fill area (in acres) Relative Sensitivity of hillside grading volume 0 - 7,999 cubic yds/acre Acceptable 8,000 - 10,000 l1 11 I1 Potentially Acceptable > 10,000 II 11 II Unacceptable 27 ///I 28 6. II 0 e I1 1 2 3 4 5 6 7 4) Applications proposing grading volumes which are potentially acceptable (8,000 - 10,000 cu. yds. /acre of cut or fill) shall on the preliminary grading plan submit for review specific written findings justifying the reasons for the amount of grading subject to the approval of the Planning Director and City Engineer. unacceptable (>10,000 cu. yds. /acre of cut or fill) shall be allowed only if they comply with all of the requirements of Section 21.95.070. the standards of this section unless a modification to these standards can be justified to the decision making body per the requirements of Section 21.95.070. 5) Applications proposing grading volumes which are K) All development on hillside areas shall comply with 8 intent of the Hillside Ordinance and one or more of the following 10 moditication to the Hillside Development and Design Standards of 9 21.95.070 Modifications to the Development and Design I1 12 significant amounts of grading. 2) The site requires extensive grading to 13 accommodate a Circulation Element roadway. 3) The proposed modification will result in 14 significantly more open space or undisturbed area than would a strict adherence to the requirements of Section 21.90.060. 15 Circulation Element Roadway. 16 soils conditions that necessitate corrective work or a 4) The site is impacted by unusual geotechnical or accompanied by two preliminary grading plans. One plan shall and Design Standards of the Hillside Ordinance shall be 17 to the requirements of Section 21.90.060. The second set shall illustrate how a site would be developed with a strict adherence 18 19 illustrate the extent and type of the requested modification. This plan shall also be accompanied by any other documentation needed by the decision making body to determine that the proposed modifications will result in a superior project with less adverse Standards. A) The decision making body may approve a Section 21.95.060 if the proposed development complies with the findings can be made: conditions that necessitate corrective work that may require 1) The site has unusual geotechnical or soil B) Any request for a modification to the Development 2o i 21 the project. This plan shall illustrate the mitigation measures a detailed mitigation and landscaping plan prior to approval of 23 slope in excess of 30 feet in height, the applicant shall submit excess of 10,000 cu. yds./acre of cut or fill or a manufactured 22 environmental impacts. and landscaping utilized to screen the proposed grading. This 24 plan shall also state the estimated cost of the proposed 25 mitigation and landscaping for the portions of the site requesting a modification to the Development and Design 26 Standards. Prior to issuance of a grading permit, the applicant shall deposit, at a financial institution subject to regulation 27 by the state or federal government, a certificate of deposit or 7. C) If a modification is granted to allow grading in 28 0 0 1 2 3 4 5 6 7 8 9 letter of credit made out to the City of Carlsbad or such other security which is acceptable to the City. This document shall be for at least twice the estimated cost of the proposed mitigation and landscaping. If the proposed mitigation and landscaping is not installed in a timely manner, in accordance with the approved plans, the Planning Director may authorize the utilization of these funds to do the necessary remedial work. Any funds remaining after the completion of this work shall be returned to the applicant. '21,515,080 Non-Residential Development. Development on land designated for non-residential development shall comply with all requirements of this chapter except Subsection 21.95.060 J. Any non-residential project proposing grading in excess of 10,000 cubic yards per acre or creating slopes in excess of 30 feet in height shall provide both written and graphic exhibits to justify the proposed grading to the satisfaction of the decision making ~ body. ~ 10 21.95.090 Exclusions. A) Any project that has receivec a final discretionary approval, building permit or grading permit shall be exempt from the provisions of this chapter provided that revoked. may be excluded from the requirements of this Chapter by the l1 such permits or approvals have not expired or are not otherwise l2 prior to effective date of the ordinance adopting this chapter decision making body. l4 13 1) Areas previously disturbed by authorized 15 grading, 2) Areas where Circulation Element Roadways must 16 be placed and no feasible alternati.ve consistent with this B) The following areas must be fully identified, but chapter is available; in height and less than 4,000 square feet in area, which are not 17 3) Areas of topographic change less than 15 feet 18 22 City Policy ordinance or standard, the most restrictive policy, 21 Director. 20 I substantial evidence that the project will have a significant 19 a part of the surrounding generalized slope. 4) Small isolated ravines where there is no effect on the environment as determined by the Planning Where any part of this chapter conflicts with any other ordinance or standard shall apply. 23 li EFFECTIVE DATE: This ordinance shall be effective 24 ll thirty days after its adoption, and the City Clerk shall certify 25 /I to the adoption of this ordinance and cause it to be published at 26 11 least once in the Carlsbad Journal within fifteen days after its 27 28 adoption. 8. ,. 0 e 1 2 3 4 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of 9 1986, and thereafter PASSED AND ADOPTED at a regular meeting of said City 5 11 Council held on the day of , 1986 , by 6 I/ the following vote, to wit: 7 II AYES : 8 9 NOES : ABSENT : lo 11 APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, JR. , City Attorney l2 13 11 14 ALETHA L. EUUTENKRANZ, City Clerk l7 16 ATTEST : l5 CLAUDE A. LEWIS, Mayor 18 (SEAL) 19 I 20 21 22 23 24 25 26 27 9. 28