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HomeMy WebLinkAbout1996-06-05; Planning Commission; Resolution 3923e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLANNING COMMISSION RESOLUTION NO. 3923 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENTS TO THE CARLSBAD LOCAL COASTAL PROGRAM TO INCORPORATE THE AMENDED LAND USE PLAN IMPLEMENTING ORDINANCES7 AND AMENDMENT TO ADD INTRODUCTIONS TO THE LAND USE PLAN AND IMPLEMENTATION SECTIONS OF THE CITY'S LOCAL COASTAL PROGRAM CASE NAME: CITY OF CARLSBAD LOCAL COASTAL PROGRAM EFFECTIVE CERTIFICA- TION CASE NO: LCPA 95- 15 WHEREAS, several modifications are proposed to be made to the City's Coastal Program implementing ordinances, Land Use Plan and Implementation in or( comply with current legislation; and WHEREAS, Section 30514(d) of the Public Resources Code allows thal changes may be De Minimis Local Coastal Program Amendments; and WHEREAS, the Planning Commission is the advisory body to the City Cc on such Local Coastal Program amendments; and WHEREAS, the Planning Commission did on the 1st day of May, 1996, a the 5th day of June, 1996 hold a duly noticed public hearing as prescribed by law to consic proposed Local Coastal Program Amendments shown on Exhibit "YY"; and WHEREAS, at said public hearing, upon hearing and considering all test and arguments, if any, of all persons desiring to be heard, said Commission considered all 1 relating to the Local Coastal Program Amendment; and I WHEREAS, State Coastal Guidelines requires a minimum six week public 1 period for any amendments to the Local Coastal Program other than De Minimis amend (21 days notice). II 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Pla Commission of the City of Carlsbad, as follows: A) That the foregoing recitations are true and correct. B) At the end of the State mandated six week review period staff shall present 1 City Council a summary of the comments received. C) That based on the evidence presented at the public hearing, the Commi RECOMMENDS APPROVAL of LCPA 95-15 as shown on Exhibit " dated May 1,1996, attached hereto and made a part hereof based on the folk findings: Findines: 1. That the proposed Local Coastal program Amendment is consistent with all appl: policies of the Carlsbad Local Coastal Program. 2. That the proposed amendment to the Carlsbad Local Coastal Program is requir incorporate the amended implementing ordinances and Land Use Plan Implementation Introduction. Alterations have been made to these portions 4 Local Coastal Program in order to bring the regulations up to date and improl functioning of the legislation. 3. That the proposed amendment will have no impact either cumulative or indivic on coastal resources. 4. That the proposed amendment is consistent with the policies of Chap (commencing with Public Resources Code Section 30200) of the Coastal Act 19' 5. That the proposed amendment has received the noticing required by the Coast: of 1976 and the California Coastal Commission Administrative Regulations. 6. That the proposed amendment does not propose any change in land use, or uses, or any change in the allowable use of property, or modify the res protection measures for any area or property. 7. That the changes proposed make the Land Use Plan and Implementing Ordin more specific and do not change the kind, location, intensity or density of us4 are consistent with the Land Use Plan as certified by the Coastal Commission. 8. That the notification and hearing procedures contained in this amendmer consistent with the Coastal Act. .... j PC RES0 NO. 3923 -2- I1 e e 1 Commission of the City of Carlsbad, held on the 5th day of June, 1996, by the following v( 2 PASSED, APPROVED, AND ADOPTED at a regulas meeting of the Pla 3 11 wit: 4 5 6 7 8 9 10 AYES: Chairperson Compas, Commissioners Heineman, Nielsen, P Savary, Welshons NOES: None ABSENT: Commissioner Monroy ABSTAIN: None 11 12 WILLIAM COMPAS, Chairpgson CARLSBAD PLANNING COMMISSION 13 14 ATTEST: 15 16 MICHML &KG J. J~OLZMILL~ 17 (1 Planning Director 18 19 20 21 22 23 24 25 26 27 28 PC RES0 NO. 3923 -3- e e EXHIBIT "YYll MAY 1, 1996 1 2 3 4 5 6 7 8 9 10 11 12 13 "19.04.060 General Responsibilities. (h) Within the coastal zone, if the environmental impact review process ide: archaeological or paleontological resources that could be adversely impacted by develol additional site specific review shall be undertaken by a qualified professional to determi1 appropriate means to mitigate the adverse effects. These mitigation measures shall be required implemented as a condition of development. They may include the requirement th; archaeologist is present onsite during grading." "2 1.04.107 Development (In The Coastal Zone). Development: (within the Coastal Zone) means, on land, in or under water, the placem, erection of any solid material or structure; discharge or disposal of any dredged material or c gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction c materials; change in the density or intensity of use of land, including, but not limited to, subdi- pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government C and any other division of land, including lot splits, except where the land division is brought abc connection with the purchase of such land by a public agency for public recreational use; char the intensity of use of water, or of access thereto; construction, reconstruction, demolitio alteration of the size of any structure, including any facility of any private, public, or mun utility; and the removal or harvesting of major vegetation other than for agricultural purposes, harvesting, and timber operations which are in accordance with a timber harvesting plan subn pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing Section 45 1 1). As used in this section, "structure" includes, but is not limited to, any building, road, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distrib line." 14 Developments on Carlsbad State Beach will require permits subject to the requiremer "21.33.015 Carlsbad State Beach. 16 development overlay zone applicable to Carlsbad State Beach. It also established policies fc the certified Local Coastal Program. The Local Coastal Program certified a coastal sho~ 15 overall Master Plan for the area." 17 18 19 20 21 22 23 24 25 26 27 28 "21.38.141 Additional Standards: Rancho La Costa, Batiguitos Lagoon Watershed. NOTE: Applies only to Rancho La Costa, Hunt Properties, covered by the Mello I Segment. The contents of the Master Plan as described in Chapter 21.38.060 shall includt following additional information required below and be approved in accordance with the follo additional development standards: (a) Permits-Required. Developments as defined in Chapter 21.04.107, (including bt limited to land divisions) require a coastal development permit subject to the requirement o! zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201. Prior simultaneously with the approval of any division of land or any other development, a master pl; development for the property called Rancho La Costa shall be approved in accordance witl provisions of this chapter. (b) Maximum Density of Development. The Master Plan shall be approved subjeci maximum density of development as follows: (1) Agricultural Land (with soils rated at I through IV under the Land Capability Classification System of the Soil Conservation Service) shall result in an allov intensity of development of 1 residential dwelling unit per 10 acres, (2) All slopes greater than 25% shall result in an allowable development inte of 1 dwelling unit per ten acres, (3) All slopes greater than 20% but less than 25% shall result in a develop] intensity of 1 dwelling unit per five acres, (4) All slopes greater than 15% but less than 20% shall result in a develop] intensity of 1 dwelling unit per acre, I1 1 II e e 1 2 (5) All slopes greater than 10% but less than 15% shall result in a develol The Master Plan shall include a topographic map at a scale sufficie 3 (6) All areas with a slope of less than 10% shall result in a development intl intensity of 2 dwelling units per acre, of 6 units per acre. determine the above but no less than 1"=100 feet having a contour interval of 5 feet with ovt 4 delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the type 0 erodibility, and class based on the Land Use Capability Classification System of the !3 Conservation Service shall be submitted in the same scale as the slopes. The Master Plan shall 6 the computation of the densities and acreage of soils of the various classes and erodibility. The plan required as a part of the Master Plan shall be certified as accurz 7 a registered engineer or other qualified professional to be true and accurate containing reaso: accurate estimates of the amount of cut and fill. The plan shall show the existing and the fin: 8 topography of the ground to be graded and filled, including a site plan of the proposed resident: 9 commercial development in the same scale so that it can be superimposed upon the topographic (c) Drainage and Erosion Control. Any development proposal that affects steep s 1o (25% inclination or greater) shall be required to prepare a slope map and analysis for the aff slopes. Steep slopes are identified on the PRC Toups Maps. The slope mapping and analysis 11 be prepared during the CEQA environmental review on a project-by-project basis and sha required as a condition of a coastal development permit. 13 andor coastal sage scrub and chaparral plant communities, the following policy language v 14 (A) Slopes of 25% grade and over shall be preserved in their natural I unless the application of this policy would preclude any reasonable use of the property, in P 15 case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permi For existing legal parcels, with all or nearly all of their area in slope area over 25% g 16 encroachment shall be limited so that at no time is more than 20% of the entire parcel (inch areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not ir ' 7 to the construction of roads of the City's Circulation Element or the development of utility syste 18 Use of slopes over 25% may be made in order to provide access to flatter areas if there is no environmentally damaging alternative available. Developments shall occur on lots that have their total area in excess of 25% slope unless a Pla 20 Unit Development is proposed which limits grading and development to not more than 10% o 12 (1) For those slopes mapped as possessing endangered plant/animal sp apply: 19 (B) No further subdivisions of land or utilization of Planned 21 22 23 24 25 26 total site area. (C) Slopes and areas remaining undisturbed as a result of the hil. review process, shall be placed in a permanent open space easement as a condition of develop] approval. The purpose of the open space easement shall be to reduce the potential for loca! erosion and slide hazards, to prohibit the removal of native vegetation except for creating firebr and/or planting fire retardant vegetation and to protect visual resources of importance to the e community. (2) For all other steep slope areas, the City Council may allow exceptions tc above grading provisions provided the following mandatory findings to allow exceptions are mal (A) A soils investigation conducted by a licensed soils engineer 1 determined the subject slope area to be stable and grading and development impacts mitigatablt 27 28 at least 75 years, or life of structure. (B) Grading of the slope is essential to the development intent and desi 2 0 e 1 (C) Slope disturbance will not result in substantial damage or alteraf major wildlife habitat or native vegetation areas. and is in excess of 10 acres, no more than one third of the total steep slope area shall be subj major grade changes. and is less than 10 acres, complete grading may be allowed only if no intemption of signi !j 6 wildlife corridors occurs. (F) Because north-facing slopes are generally more prone to sta problems and in many cases contain more extensive natural vegetation, no grading or rem07 7 vegetation from these areas will be permitted unless all environmental impacts have been mitig Overriding circumstances are not considered adequate mitigation. 8 (3) Drainage and runoff shall be controlled so as not to exceed at any time th 9 associated with property in its present state, and appropriate measures shall be taken on and/or c to prevent siltation of lagoons and other environmentally sensitive areas. 2 (E) If the area proposed to be disturbed is predominated by steep 5 4 (D) If the area proposed to be disturbed is predominated by steep 5 3 10 (4) The appropriate measures shall be installed prior to onsite grading. (5) Modification of these standards and criteria may be granted to portio 1 1 12 properties where strict application of the standards and criteria would, even after applicatic clustering and other innovative development techniques, result in less than one-half o 15 (c)(l)(A) above, and shall not exceed that necessary to the attainment of said one-half o 1 4 Such modification shall be limited to the standards and criteria expresse specified in(b) above. I 3 development potential that would be attainable under the maximum density of develop Where such modification must involve grading or other disruption of lan 16 20% slope or greater, such grading or disruption shall be limited to not more than one-fourth c 17 In selecting areas within the property of 20% slope or greater which wi 18 development potential. land area of the property which is of 20% slope or greater. subject to modification of standards and criteria, lands with the following characteristics receive preference. 19 8 Land with the lowest relative degree of environmental sensitivity. 0 Land with the relatively gentler slopes. 20 8 Land which will require the least amount of cut and fill, and 1 21 22 23 circulation element road or public vista point. 24 environmental and visual impact on the steep-sloped land form upon which such gradin, (6) A site specific technical report shall be required addressing the cumull 25 effects of developing each subwatershed and recommending measures to mitigate both incre runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosion COI 26 Ordinance contained in the Master Drainage Plan, with the additions and changes adopted he: 27 such that a natural drainage system is generally preserved for the eastern undeveloped watersh but that storm drains are allowed for those western portions of the watershed which have alrc 28 been incrementally developed. which runoff and erosion can be most effectively controlled. 0 Land with the least amount of visual impact when viewed fro 8 Land which, when graded and developed, would have the development is to take place. 3 II e e 1 (7) Mitigation measures tailored to project impacts and consistent with the c of cumulative development shall be implemented prior to development in accordance wil 2 3 following additional criteria: (A) Submittal of a runoff control plan designed by a licensed en; qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate fro 4 developed site over the greatest discharge expected from the existing undeveloped site as a re: a 10-year frequency storm. Runoff control shall be accomplished by a variety of mea, 5 including, but not limited to, onsite catchment basins, detention basins, siltation traps and e 6 dissipators and shall not be concentrated in one area or a few locations. (€3) Detailed maintenance arrangements and various alternative 7 providing the ongoing repair and maintenance of any approved drainage and erosion CI facilities. If the offsite or onsite improvements are not to be accepted or maintained by a I 8 agency, detailed maintenance agreements shall be secured prior to issuance of a permit. 9 (C) All permanent runoff and erosion control devices shall be deve and installed prior to or concurrent with any onsite grading activities. October 1 st to March 3 1 st of each year. 12 construction period, including graded pads, shall be planted and stabilized prior to October Is1 temporary or permanent (in the case of finished slopes) erosion control measures and I 13 vegetation. The use of temporary erosion control measures, such as berms, interceptor di sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction l4 plantings to minimize soil loss from the construction site. Said planting shall be accomplished 15 the supervision of a licensed landscaped architect and shall consist of seeding, mulching, fertili: and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be repea 16 the required level of coverage is not established. This requirement shall apply to all disturbed including stockpiles. separate agriculture use from residential development. 10 (E) All areas disturbed by grading, but not completed durini 11 (D) All grading activities shall be prohibited within the period 17 (d) Buffers/Open Space. The master plan shall include buffers and open spa 18 Adequate buffer areas, generally of at least 100 feet, between agricultural operi 19 and new development shall be established and protected through conservation easements. The 1 area shall include natural vegetation, natural grade separations, and other natural features 20 addition, roads shall be designed as much as possible to function as buffers between agricultur 21 residences. Residential uses shall be sited and designed to provide an open space area away use conflicts. Cut and fill shall not occur adjacent to agricultural areas in order to provide a n 22 buffer. The P-C zone requirement of open space can be used in conjunction with this requirer Lands to be preserved in open space shall be dedicated to coastal conservancy through the I 23 open space easements in perpetuity free of prior liens prior to issuance of a permit. Land subj 24 open space easements may remain in private ownership with the appropriate easement: restrictions and maintenance arrangements to be secured from the developer prior to issuanct 25 permit. The City shall require the developer or a homeowner's association to maintain the open area or it can alternatively require payment of fees if the Coastal Conservancy certifies th: 26 maintenance fee is adequate. If a homeowner association is to maintain the open space, appro: 27 provision for fees and maintenance shall be required as a condition of approval of the permit. (e) SitingParking. Due to severe site constraints, innovative siting and design CI 28 (including shared use of driveways, clustering, tandem parking, pole construction) sha 4 0 0 1 2 incorporated in the Master Plan to minimize the paved surface area. Dwelling units shall be clu 3 "21.38.160 Additional Standards - Upper Ama Hedionda Watershed. The Contents of a Master Plan for Kelly Point and Macario Canyon area as identified 1 4 Carlsbad Local Coastal Program shall include the following additional information required 1. in the relatively flat portions of the site." and be approved in accordance with the following additional development standards: 6 not limited to land divisions) require a coastal development permit subject to the requirement c zone. All uses in this zone are subject to the procedural requirements of Chapter 21 201. Prior 7 simultaneously with the approval of any division of land or any other development, a master pl development for the property containing the requirements specified below shall be submittel 8 approved. 9 (b) Maximum Density of Development. The Master Plan shall be approved subjec 5 (a) Permits - Required. Developments as defined in Chapter 21.04.107, (includin maximum density of development as follows: intensity of 1 dwelling unit per ten acres; development intensity of 1 dwelling unit per five acres; 10 11 (1) All slopes greater than 25 percent shall result in an allowable develop (2) All slopes greater than 20 percent but less than 25 percent shall resuli 12 (3) All slopes greater than 15 percent but less than 20 percent shall resuli 13 development intensity of 1 dwelling unit per acre; (5) All areas with a slope of less than 10 percent shall result in a develop 15 development intensity of 2 dwelling units per acre; 1 4 (4) All slopes greater than 10 percent but less than 15 percent shall resuli (7) Approximately 4 acres located adjacent to the extension of Cannon Road 18 the Coastal Commission in Permit 6-84-617. 1 7 shall be permitted and based on those contained in the City approved master plan and as approvt (6) For the Kelly Ranch Master Plan area, residential densities and slope cr 16 intensity of 6 units per acre; 21 a registered engineer or other qualified professional to be true and accurate containing reasor 20 The plan required as a part of the Master Plan shall be certified as accura Neighborhood Commercial use. 19 as described in Coastal Development Permit 6-84-617 are designated for visitor-servin accurate estimates of the amount of cut and fill. The plan shall show the existing and the fini topography of the ground to be graded and filled, including a site plan of the proposed residenti 22 commercial development in the same scale so that it can be superimposed upon the topographic The Master Plan shall include a topographic map at a scale sufficie: 23 determine the above but no less than 1 'I = 100 feet having a contour interval of 5 feet with ove 24 delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the type 0: erodibility, and class based on the Land Use Capability Classification System of the 25 Conservation Service shall be submitted in the same scale as the slopes. The Master Plan shall : the computation of the densities and acreage of soils. 26 (c) Erosion, Drainage, Sedimentation. Subject to the modifications, additions 27 exceptions expressed below, as a part of the permit application, the applicant shall submit an ero sedimentation and drainage plan, prepared by a qualified professional, including the requiremen 28 the Model Erosion Control Ordinance reprinted in the Appendix to the June 1980 Carlsbad M 5 e a 1 3 its appendices are herein incorporated by this reference and are a part of this zone. No subse 2 specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainage Pla Drainage Plan, the requirements of the Master Drainage Plan, and the additional require1 amendments are a part of this zone unless certified by the Coastal Commission. The gc provisions, standards, content of plans and implementation contained therein are in addition 1 4 provisions below. Approved development shall include the following conditions, in addition t requirement specified above: 6 and the type and location of soils, using the SCS Land Use Capability Classification Systen standards of erodibility developed by SCS. The soils map shall be certified by a soils engine 7 true and accurate. (2) Any development proposal that affects steep slopes (25% inclinatic 8 greater) shall be required to prepare a slope map and analysis for the affected slopes. Steep s 9 are identified on the PRC Toups Maps. The slope mapping and analysis shall be prepared durin CEQA environmental review on a project-by-project basis and shall be required as a condition 10 Coastal Development Permit. (A) For those slopes mapped as possessing endangered plant/ar 1 1 species and/or coastal sage scrub and chaparral plant communities, the following policy lang 12 13 natural state, unless the application of this policy would preclude any reasonable use of the pro1 in which case an encroachment not to exceed 10% of the steep slope area over 25% grade m: l4 permitted. For existing legal parcels, with all or nearly all of their area in slope area over 25% g 15 encroachment may be permitted; however, any such encroachment shall be limited so that at no is more than 20% of the entire parcel (including areas under 25% slope) permitted to be distc 5 (1) A soils map in the scale of 1 " = 100 feet, showing both the erodibility of would apply: (i) Slopes of 25% grade and over shall be preserved in 16 17 18 19 from its natural state. This policy shall not apply to the construction of roads or the ( Circulation Element or the development of utility systems. Uses of slopes over 25% may be ma order to provide access to flatter areas if there is no less environmentally damaging altern available. (ii) No further subdivisions of land or utilization of Planned Developments shall occur on lots that have their total area in excess of 25% slope unless a Pla Unit Development is proposed which limits grading and development to not more than 10% c 21 (iii) Slopes and areas remaining undisturbed as a result of hillside review process, shall be placed in a permanent open space easement as a conditio 22 development approval. The purpose of the open space easement shall be to reduce the potentie localized erosion and slide hazards, to prohibit the removal of native vegetation except for cre; 23 firebreaks and/or planting fire retardant vegetation and to protect visual resources of importan 24 the entire community. (B) For all other steep slope areas, the City Council may allow excep 25 to the above grading provisions provided the following mandatory findings to allow exception made: 26 (i) A soils investigation conducted by a licensed soils enginee: 27 determined the subject slope area to be stable and grading and development impacts mitigatabll at least 75 years, or life of structure. 28 (ii) Grading of the slope is essential to the development intenl 20 total site area. 6 0 0 1 design. 6 slopes and is less than 10 acres, complete grading may be allowed only if no intemptic 5 (v) If the area proposed to be disturbed is predominated by subject to major grade changes. 4 slopes and is in excess of 10 acres, no more than one third of the total steep slope area sh. (iv) If the area proposed to be disturbed is predominated by 3 alteration to major wildlife habitat or native vegetation areas. 2 (iii) Slope disturbance will not result in substantial dama (vi) Because north-facing slopes are generally more pro1 7 stability problems and in many cases contain more extensive natural vegetation, no gradil removal of vegetation from these areas will be permitted unless all environmental impacts have 8 mitigated. Overriding circumstances are not considered adequate mitigation. 9 (3) Drainage and runoff shall be controlled so as not to exceed at any time th. associated with property in its present state, and appropriate measures shall be taken on and/or o significant wildlife corridors occurs. 10 to prevent siltation of Agua Hedionda Lagoon and other environmentally sensitive areas. (4) The appropriate measures shall be installed prior to onsite grading. 11 (5) All undevelopable slopes shall be placed in open space easements 12 (6) A site specific technical report shall be required addressing the cumu 13 effects of developing each subwatershed and recommending measures to mitigate both incr, runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosion Cc 1 4 Ordinance contained in the Master Drainage Plan, with the additions and changes adopted hl 15 such that a natural drainage system is generally preserved for the eastern undeveloped waters but that storrndrains are allowed for those western portions of the watershed which have already 16 incrementally developed. (7) Mitigation measures tailored to project impacts and consistent with the cc 17 of cumulative development shall be implemented prior to development in accordance wit1 18 (A) Submittal of a runoff control plan designed by a licensed eng 19 qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate fro1 developed site over the greatest discharge expected from the existing undeveloped site as a res. 20 a 10-year frequency storm. Runoff control shall be accomplished by a variety of meas 21 including, but not limited to, onsite catchment basins, detention basins, siltation traps and er dissipators and shall not be concentrated in one area or a few locations. providing the ongoing repair and maintenance of any approved drainage and erosion cc 23 facilities. If the offsite or onsite improvements are not to be accepted or maintained by a p 24 agency, detailed maintenance agreements shall be secured prior to issuance of a permit. (C) All permanent runoff and erosion control devices shall be devel 25 and installed prior to or concurrent with any onsite grading activities. (D) All grading activities shall be prohibited within the period 26 October 1 to March 31 of each year. 27 (E) All areas disturbed by grading, but not completed during construction period, including graded pads, shall be planted and stabilized prior to November 1 28 temporary or permanent (in the case of finished slopes) erosion control measures and n condition of development approval. following additional criteria: 22 (B) Detailed maintenance arrangements and various alternatives 7 0 a 1 vegetation. The use of temporary erosion control measures, such as berms, interceptor di 3 plantings to minimize soil loss from the construction site. Said planting shall be accomplished * sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction the supervision of a licensed landscape architect and shall consist of seeding, mulching, fertilis and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be repeat 4 the required level of coverage is not established. This requirement shall apply to all disturbed including stockpiles. protection provisions of the Kelly Ranch Master Plan as approved by the City of Carlsbac California Coastal Commission in Permit 6-84-617, agricultural preservation policies are waive1 have been deleted by Local Coastal Program Amendment 2-85. 8 (e) Park Purposes. Park purposes shall be a permitted use compatible with this lan 9 designation, provided that any park construction is subject to Section (C), Erosion, Drai Sedimentation above. (including shared use of driveways, clustering, tandem parking, pole construction) sha 1 1 incorporated in the Master Plan to minimize the paved surface area. Dwelling units she 5 (d) Agricultural Preservation. Due to overriding and extensive wetland preservatio: 6 7 Agricultural preservation policies for the remaining areas covered by this subst 10 (f) SitingParking. Due to severe site constraints, innovative siting and design cr 12 13 14 15 16 17 18 19 20 21 22 23 24 clustered in the relatively flat portions of the site." "2 1.40.13 5 Coastal Zone Restrictions. Within the coastal zone, existing public views and panorama shall be maintained. Thr the individualized review process, sites considered for development shall be conditioned so as t obstruct or otherwise damage the visual beauty of the coastal zone. In addition to the above, h limitations and see-through construction techniques should be employed. Shoreline develop shall be built in clusters to leave open areas around them to permit more frequent views o shoreline. Vista points shall be incorporated as a part of larger projects. The unique character, of older communities such as the Carlsbad Village Drive corridor shall be preserved through dt requirements which are in accordance with the flavor of the existing neighborhood." "21.41.070 (11) (1 1) The following sign restrictions apply to properties in the coastal zone except the 1 Hedionda Lagoon and Village Redevelopment Segments. (A) Each business shall be entitled to one facade sign. (B) Each shopping complex shall have only one directory sign not to excee feet in height, including mounting. (C) Monument sign height including mounting shall not exceed 8 feet and apply where three (3) or fewer commercial establishments exist on a parcel. (D) Tall freestanding and road signs shall not be allowed. (E) Off-premise signs shall not be allowed." 25 26 27 "21.42.020 Facts Required Prior To Granting Permit. A conditional use permit shall be granted only if the following facts are found to exi 28 (1) That the requested use is necessary or desirable for the development of .... regard thereto: 8 a 0 1 community, is essentially in harmony with the various elements and objectives of the General to uses specifically permitted in the zone in which the proposed use is to be located;" 2 including if applicable the certified Local Coastal Program, and is not detrimental to existing u 3 4 5 6 7 8 "21.50.010 Variance - Granting- Authority. When practical difficulties, unnecessary hardships, or results inconsistent with the gt purpose of this title result through the strict and literal interpretation and enforcement o provisions hereof, the Planning Commission shall have authority, as an administrative act, subj the provisions of this article, to grant upon such conditions as it may determine, such variance the provisions of this title as may be in harmony with its general purpose and intent, so that the of this title shall be observed, public safety and welfare secured and substantial justice done. 1 coastal zone, a variance shall not be allowed to diminish or otherwise adversely affec substantive requirements for protection of coastal resources." 9 "21.50.030(4) 10 (4) That the granting of such variance will not adversely affect the comprehensive ge plan, or in the Coastal Zone, that the granting of such a variance is consistent with and impler 1 ' 12 the requirements of the certified Local Coastal Program andthat the granting of such variance not reduce or in any manner adversely affect the requirements to protect coastal resourc. adopted as implementation of the Local Coastal Program Land Use Plan." 13 specified in the zones included in this title and that the variance implements the purposes of 2 14 15 "21.52.010 When. Boundaries of the zones established by this title, the classification of property uses therej 16 other provisions of this title may be amended whenever public necessity, convenience and ge i( 17 18 19 20 21 22 23 24 25 26 27 28 welfare require. Within the Coastal Zone such boundary changes shall not be effective approved as a Local Coastal Program Amendment. "2 1.52.160 General Plan and LCP Amendments. (a) Amendments to the General Plan or to any of the elements thereof shall be proct in accord with this chapter. All provisions of this chapter applicable to the amendment of Tit! shall also apply to General Plan amendments with the exception of the time requirement for Plan Commission and City Council hearings. Planning Commission and City Council hearing: General Plan amendments shall be held at such times as the City Council shall by motion establit (b) Amendments to the certified Local Coastal Program shall be processed accordir Section 305 14 of the Public Resources Code." "21.54.050 Setting- of Hearing. All proposals for amending zone or General Plan boundaries reclassifications or fo~ granting of any development permit or approval requiring a hearing as provided in this title sha: set for hearing by the Director when such hearings are to be held before the Planning Commis and by the City Clerk for hearings to be held before the City Council. Conditional uses in the co; zone shall be subject to the requirements of this chapter and the additional requirements of Chs 9 0 a 1 21.81or 21.201 as applicable." 2 "21 ~4.060 (l)(e) Notices In The Coastal Zone. 3 4 mailed not less than ten days before the date of the public hearing." (e) Within the coastal zone, notice shall additionally be provided to occupants withi: ft. of the site and to the Area Office of the California Coastal Commission. Such notice sh: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "21.54.061 Content of Notice. (a) The notice given pursuant to Section 21.54.060 shall include the date time and of a public hearing, the identity of the hearing body or officer, a general explanation of the mat be considered, and a general description, in text or diagram, of the location of the real prope any, that is the subject of the hearing. (b) However, within the coastal zone such notice shall contain the following addil information: (1) a statement that the development is within the coastal zone; (2) the date of filing of the application and the name of the applicant; (3) the number assigned to the application; (4) a brief description of the general procedure of local government concel (5) the system for local and Coastal Commission appeals, including any local the conduct of hearing and local actions; required, expressly stating whether the matter is appealable to the Coastal Commission." "21.54.100 Hearin9 Continuance Without Public Notice. If, for any reason, testimony on any case set for public hearing cannot be completed 01 date set for such hearing, the person presiding at such public hearing may, before adjournme recess thereof, publicly announce the time and place to, and at which, said hearing will be contir and no further notice is required. However, within the coastal zone, if a decision on a develop: permit is continued by the local government to a time which is neither (a) previously stated i~ notice provided pursuant to Section 21.54.060, nor (b) announced at the hearing to be Continued time certain, the City shall provide notice of the fwther hearings (or action on the prop development) in the same manner and within the same time limits as established in Sec 21.54.060 and 21.54.061." 21 "21.54.120 General Plan Amendments (Except For The Coastal Zone). All provisions of this chapter applicable to the amendment of zone classifications shall 22 apply to amendments to the General Plan or to any of the elements thereof. amendments under Chapter 2 1.52, the notice of such hearings may be combined with those reql 23 If the hearings for general plan amendments are held at the same time as hearings for 24 for general plan amendments under this section." 25 26 27 28 "2 1.55.020 Authority - Conflict. This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Sec 65970) of Division 1 of Title 7 of the California Government Code. In the case of any cor between the provisions of this chapter, and those of Chapter 4.7, the latter shall prevail. "21.56.010 Provisions To Be Minimum Requirements - Conflict Of Provisions. In interpreting and applying the provisions of this title they shall be held to be the minir IO a 0 1 2 3 4 5 requirement for the promotion of the public health, safety, comfort, convenience and general wc It is not intended by this title to interfere with or abrogate or annul any easement, covenant or agreement between parties, provided, however, for developments located in the coastal easements, covenants, or other agreements between parties may not annul the requiren restrictions or obligations placed on the zone. When this title imposes a greater restriction up( use of building or land, or upon the height of buildings, or requires larger open spaces thz imposed or required by other ordinances, rules, regulations, or by easements, covenar agreements, the provisions of this title shall control." 6 "21.61.025 Notification Of Litigation And Attorney General Intervention For Develop1 7 In The Coastal Zone. 9 in the coastal zone and in any case where no appeal has been filed from the decision of a 8 The provisions of Public Resources Code Sections 30800 et seq. shall apply to develop] government on a development permit in the coastal zone (including decisions on Non-Appe; developments) or where an appeal has been filed but the Commission has determined not to he 10 appeal, and where litigation has subsequently been commenced against the local goverr concerning its decision, the local government and plaintiff or petitioner shall promptly forv 1 1 copy of the complaint or petition to the Executive Director of the Commission. At the request 12 local government (with the concurrence of the Commission) or upon an order of the Commi the Executive Director shall request the Attorney General to intervene in such litigation on bek 13 the Commission. Administrative remedies pertaining to coastal development permits are not de to have been exhausted unless all appeal procedures provided by the California Coastal Act a 7 4 regulations have been utilized." 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Chapter 2 1.20 1 Coastal Development Permit Procedures Sections: 21.201.010 Purpose. 21.201.020 Definitions. 21.201.030 Requirements For Coastal Development Permits. 21.201.040 Application. 21.201.050 Determination of Applicable Notice and Hearing Procedures. 21.20 1.060 Exemptions and Categorical Exclusions from Coastal Development Pem 21.201.070 Repair and Maintenance Activities Requiring a Coastal Development 21.201.080 Minor Coastal Permits. 21.201.090 Notice of Public Hearing. 2 1.201.100 Notice of Local Government Action When Hearing Continued. 2 1.20 1.1 10 Planning Commission Action. 2 1.20 1.120 Appeal of Planning Commission Decision. 21.20 1.130 Appeals of Coastal Commission. 2 1.20 1.140 Exhaustion of Local Appeals. 21.201.150 Public Hearing on Appealable Developments. 2 1.20 1.160 Finality of City Action. 2 1.20 1.170 Notice of Final City Action. Procedures. Permit. II 11 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 24 25 26 27 28 21.201.180 21.201.190 21.201.200 21.201.210 2 1.201.220 21.201.230 21.201.240 21.201.250 Local Government Action - Effective Date. Application for Emergency Permits. Expiration of the Coastal Development Permit. Extensions. Permit Amendment. Coastal Development Permits Issued by Coastal Commission. Violations of the Public Resources Code. Severability. "2 1.20 1 .O 10 Purpose. This chapter establishes the permit procedures for developments located in the coastal ; This chapter is based on the Local Coastal Program Implementation Regulations adopted k California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 3033: as such shall constitute the minimum procedural requirements for review of developments j coastal zone pursuant to Public Resources Code Section 30600 (d)." "21.201.020 Definitions. A. Aggrieved Person: Any person who, in person or through a representative, apr at a public hearing of the City in connection with the decision or action appealed, or who, by appropriate means prior to a hearing, informed the City of the nature of his concerns or who for cause was unable to do either. B. Allowable Use: Any use allowed by right which does not require a public hear any discretionary or non-discretionary permit of the approving authority. C. Appealable Development: In accordance with Public Resources Codes SC 30603(a) any of the following: 1. Developments approved by the local government between the sea and th public road paralleling the sea or within 300 feet of the inland extent of any beach or of the 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 T paragraph C. 1. of this section located on tidelands, submerged lands, public trust lands, withi feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of any c bluff. 3. Any development which constitutes a major public works project or a energy facility. The phrase "major public works project or a major energy facility" as used in 1 Resources Code Section 30603(a) (5) and its regulations shall mean any proposed public project, as defined by Section 1301 2 of the Coastal Commission Regulations, (Title 14 Calif Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Code S 30107. D. Appellant: Any person who may file an appeal and includes an applican aggrieved person or any two members of the Coastal Commission. E. Applicant: The person, partnership, corporation, state or local government a applying for a coastal development permit. F. Approving Authority: The city officer, Planning Commission or Council appro coastal development permit. G. Categorically Excluded Development: A development (upon request of the public agency or other person) which the Director has determined pursuant to Section21.201.( of this Code to have no potential for significant adverse effect on Coastal Resources or Acces 12 !I a a 1 2 3 4 5 6 7 a 9 10 11 12 13 therefore, has issued an Exclusion . H. Coastal Zone: The Coastal Zone shall mean the Coastal Zone of the City of Ca as described in the Public Resources Code Section 301 03. This Chapter shall apply in the CI Zone (except in the Agua Hedionda Lagoon and Village Redevelopment Segments). I. Commission: California Coastal Commission. K. Executive Director: Executive Director of the Coastal Commission. J. Director: The Director of Planning. L. Local Coastal Program: The City's land use plan, zoning ordinances, zoning and other implementing actions certified by the Coastal Commission as meeting the requireme the California Coastal Act of 1976. M. Major Energy Facility: Any energy facility as defined by Public Resources Section 30107 and exceeding one hundred thousand dollars in estimated cost of construction. California Code of Regulations Section 13012 and exceeding one hundred thousand doll2 estimated cost of construction. 0. Permitted Use: Any use allowed by right which does not require a public hearin does require a discretionary or non-discretionary permit (e.g. building permit) to be issued 'c approving authority. P. Other Permits and Approvals: Permits and approvals, other than a c development permit required to be issued by the approving authority before a developmenl proceed." N. Major Public Works Project: Any public works project as defined by Tit 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 "21.201.030 Requirements For Coastal Development Permits. Except as provided in Section 21.201.060 below, any applicant wishing to underti development (defined in Section 21.04.107) in the coastal zone shall obtain a coastal develor permit in accordance with the provisions of this Chapter, in addition to any other permit requirl law. Development undertaken pursuant to a coastal development permit shall conform to the 1 specifications, terms and conditions approved in granting the permit. The procedures presc herein may be used in conjunction with other procedural requirements of the approving auth provided that the minimum requirements as specified herein are assured." "21.201.040 Application Application for a coastal development permit shall be made in accordance wit procedures set forth in this section. A. An application for a permit may be made by the record owner or owners ( property affected or the authorized agent of the owner or owners. The application shall be file( the Director upon forms provided by the Director. The application shall be accompanic adequate plans which allow for detailed review pursuant to this chapter, a legal description ( property and all other materials and information specified by the Director. B. At the time of filing the application the applicant shall pay a processing fee amount specified by City Council resolution. C. Unless the property has previously been legally subdivided and no further subdiy is required the application shall be accompanied by a tentative map which shall be filed wil Director in accordance with procedures set forth in Chapter 20.12 of this code. If the p contains four or less lots or units, the application shall be accompanied by a tentative parcel which shall be filed with the city engineer in accordance with procedures set forth in Chapter II 13 /I 0 a 1 2 3 4 5 6 of this code. D. Whenever the development would require a permit or approval under the prov of this title, notwithstanding this chapter, the application shall include sufficient information to review of such permit or approval. Application for all permits or approvals under this title ar coastal permit may be consolidated into one application. E. The Director may require that the application contain a description of the fe; alternatives to the development or mitigation measures which will be incorporated intl development to substantially lessen any significant effect on the environment which may be c by the development. 7 9 Appealable, or Appealable for purposes of notice, hearing and appeals shall be made by the Dil 8 "21.201.050 Determination Of Applicable Notice And Hearing Procedures, at the time the application for development is submitted. This determination shall be made reference to the certified Local Coastal Program, including maps, Categorical Exclusions, lan 10 designations, and zoning ordinances adopted as part of the certified Local Coastal Program. B an applicant, interested person, or the Director has a question as to the appropriate procedure 1 1 following procedures shall be followed: 12 proposed (i.e. Exempt, Categorically Excluded, Appealable, Non-Appealable) and shall infon 13 applicant of the notice and hearing requirements for that particular development. B. If the determination of the Director is challenged by the applicant or an inte~ l4 person, or if the Director wishes to have a Commission determination as to the appro, 15 designation, the City shall notify the Commission by telephone of the dispute/question and request an Executive Director's opinion; 16 C. The Executive Director shall within two (2) working days of the Director reques upon completion of a site inspection where such an inspection is warranted), transr 1 7 determination as to whether the development is Exempt, Categorically Excluded, Non-Appe: 18 orAppealable; D. Where, after the Executive Director's investigation, the Executive Dire 19 determination is not in accordance with the Director determination, the Commission shall h hearing for the purpose of determining the appropriate designation for the area. The Commi 2o shall schedule the hearing on the determination for the next Commission meeting in the appro] 21 geographic region following the Director request.'' The determination of whether a development is Exempt, Categorically Excluded, A. The Director shall make the determination as to what type of development is 22 23 24 25 26 27 28 "21.201.060 Exemptions and Categorical Exclusions From Coastal Development P A. Exemptions. The following projects are exempt from the requirements of a c( 1. Improvements to existing single-family residential building except: Procedures. development permit: a. On a beach, wetland or seaward of the mean high tide line. b. Where the residence or proposed improvement would encroach v fifty feet of the edge of a coastal bluff; c. On property located between the sea and the first public paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide ( sea where there is no beach, whichever is the greater distance, or in significant scenic resources ~ ll 14 ll a e 1 improvement of 10 percent or less where an improvement to the structure had previously 2 increase of 10 percent or more of internal floor area of an existing structure or an addi as designated by the Commission or regional Commission, improvement that would result 3 undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more th percent of an existing structure andor any significant non-attached structure such as garages, fi 4 shoreline protective works or docks. d. Any significant alteration of land forms including remov 5 placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the edgc 6 coastal bluff except as provided in subsections 21.201.060, 8 and 10. e. Expansion or construction of water wells or septic systems. 7 For the purposes of this section an existing single-family resid building shall include all appurtenances and other accessory structures, including decks, di 8 9 attached to the residence; accessory structures or improvements on the property normally assoc with residences, such as garages, swimming pools, fences and storage sheds but not including houses or self-contained residential units; landscaping on the lot. pubic works facility except: line. 10 a. On a beach, wetland, lake or stream or seaward of the mean hig 11 2. Improvements to existing structures other than a single-family residen 12 b. Where the structure or improvement would encroach within fift: 13 of the edge of the coastal bluff; paralleling the sea or within three hundred feet of the inland extent of any beach or of the mear. 1 4 c. On property located between the sea and the first public 15 tide of the sea where there is no beach, whichever is the greater distance, any improvemenl structure other than a single-family residence or public works facility that would increase b 16 percent or more the internal floor area of an existing structure, or any additional improvement I an improvement to the structure had previously been undertaken to Public Resources Code Sc 1 7 30610(b), or this section, and the cumulative increase of the improvements is ten percent or mo 18 any improvement which would increase the height of a structure by ten percent or more; d. Any improvement which changes the intensity of use of a structur placement of vegetation on a beach, wetland, or sand dune, or within one hundred feet of the ec 2o a coastal bluff or stream except as provided in subsections 21.201.060 (8) and (10) of this se 21 and 22 structure fiom a multiple unit rental use or visitor serving commercial use to a use involving ownership or long-term leasehold including but not limited to a condominium conversion, 23 cooperative, conversion or motelhotel timesharing conversion. 24 3. Occupancy permits. 25 4. Harvesting of agricultural crops, or other agriculturally related acti specifically defined as permitted uses in the applicable zone which require no other permit 26 approvals of the approving authority, and are thereby allowable uses herein. 27 5. Fences for farm or ranch purposes. 6. Water wells, well covers, pump houses, water storage tanks of less 28 10,000 gallons capacity and water distribution lines, including up to 100 cubic yards of assoc 19 e. Any significant alteration of land forms including remov; f. Any improvement made pursuant to a conversion of an ex g. Expansion or construction of water wells or septic systems. 15 e e 1 grading, provided such water facilities are used for onsite agriculturally-related purposes only. streams (dashed or solid) on USGS 7 1/2 minute quadrangle maps, provided such impoundme1 2 7. Water impoundments located in drainage areas not identified as blut comply with waste discharge requirements or other orders of the Regional Water Quality Cc 4 8. Water pollution control facilities for agricultural purposes if construct 3 not exceed 25 acre feet in capacity. Board. damage to sensitive habitat areas. 5 9. Landscaping on the lot unless the landscaping could result in erosic 6 10. Repair or maintenance activities not described in Section 21.201.070 o 7 section, and Hook-Up Exclusion adopted by the Coastal Commission, September 5, 1978, and as modified 8 11. Activities of public utilities as specified in the Repair, Maintenance and t 9 B. Categorical Exclusions. In addition to those projects exempted pursuant to subse 10 (A) of this section, the City Council may designate by resolution, after a public hearing, categ of development which have no potential for any significant adverse effect, either individual 1 1 cumulatively, on coastal resources or on public access to, or along the coast. Development c 12 has been so designated shall be Categorically Excluded from the provisions of this chapter. designation of any Categorical Exclusion shall not be effective until the Categorical Exclusion ( 13 has been approved by the Coastal Commission. The Director shall keep a record of all pe issued for such Categorically Excluded projects. 14 C. Notice of Categorically Excluded or Exempt Developments. 15 A permit issued by the City for a development which is Categorically Excludc exempt from the coastal development permit requirements, shall be exempt from the notice 16 hearing requirements of this Chapter. The City shall maintain a record for all permits issue1 Categorically Excluded or Exempt developments which shall be made available to the Cc 1 7 Commission or any interested person upon request. This record may be in the form of any reco 18 permits issued currently maintained by the City, provided that such record includes the applic name, the location of the project, and brief description of the project. 19 time to time." "21.201.070 Repair and Maintenance Activities Requiring a Coastal Development Perm. 20 A. The following repair and maintenance activities require a coastal development pe 21 1. Any method of repair or maintenance of a seawall, revetment, bluff retai 22 wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: foundation of the protective work including pilings and other surface or subsurface structures; 23 a. Repair or maintenance involving substantial alteration of 24 b. The placement, whether temporary or permanent, of rip-rap, art2 berms of sand or other beach materials, or any other forms of solid materials, on a beach or in cc 25 waters, streams, wetlands, estuaries and lakes or on a shoreline protective work excep. agricultural dikes within enclosed bays or estuaries; 26 c. The replacement of twenty percent or more of the materials o 27 existing structure with materials of a different kind; or d. The presence, whether temporary or permanent, of mechar 28 construction equipment or construction materials on any sandy area or bluff or within twenty fe because they involve a risk of substantial adverse impact to Coastal Resources or Access. 16 e e coastal waters or streams. 2. Any method of routine maintenance dredging that involves: a. The dredging of one hundred thousand cubic yards or more wit twelve-month period; b. The placement of dredged spoils of any quantity withil environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a c( bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or c. The removal, sale or disposal of dredged spoils of any quantiq would be suitable for beach nourishment in an area the Commission has declared by resoluti have a critically short sand supply that must be maintained for protection of structures, coastal a( or public recreational use. 3. Any repair or maintenance to facilities or structures or work located j environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a cc bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or stream: include: a. The placement or removal, whether temporary or permanent, ol rap, rocks, sand or other beach materials or any other forms of solid materials; b. The presence, whether temporary or permanent, of mechsu equipment or construction materials. All repair and maintenance activities governed by the above provi shall be subject to the permit regulations promulgated pursuant to the California Coastal A 1976, including, but not limited to, the regulations governing administrative and emergency per The provisions of this section shall not be applicable to methods of repair and mainter undertaken by the ports listed in Public Resources Code Section 30700 unless so provided elsew in these regulations. The provisions of this section shall not be applicable to those actiT specifically described in the document entitled Repair, Maintenance and Utility Hookups, adopt€ the Coastal Commission on September 5, 1978. B. Unless destroyed by natural disaster, the replacement of 50 percent or more seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under ownership is not repair and maintenance under Public Resources Code Section 30610(d) but in, constitutes a replacement structure requiring a coastal development permit." "21.201 .OS0 Minor Coastal Permits. A. The Director may issue Minor Coastal Permits for any development anywhere i Coastal Zone costing less than $60,000 and which complies with the following criteria: 1. The development is consistent with the certified local coastal progra defined in Section 30108.6 of the Coastal Act. 2. The development requires no discretionary approvals other than a h Coastal Permit. 3. The development has no adverse effect individually or cumulatively on co resources or public access to the shoreline or along the coast. B. The Director shall give written notice of pending development decision afte: application is complete, at least fifteen (15) working days prior to the decision on the applicatic follows: 21.54.061 of this code, including statement of a public comment period of at least 15 working 1. Contents. The notice shall include all the matters required by Se 17 e e 1 application. appeal to the Commission any action taken by a local government on a coastal development p8 3 that failure by a person to request a public hearing may result in the loss of that personls abil 2 decision, a statement that a public hearing shall be held upon request by any person and a statc sufficient to receive and consider comments submitted by mail prior to the date established fc 4 2. Recipients. The notice shall be sent by first class mail to: a. Any person requesting to be on the mailing list for the project ( b. All property owners and residents within 100 feet of the p: !5 6 coastal decisions; and perimeter; and 7 C. The Coastal Commission. d. The applicant. a C. The Director may approve, approve with conditions, or deny the permit. The Dir 9 may waive a public hearing on a Minor Coastal Development Permit if notice has been provid accordance with Section 21.201.080.B.l and a request for a public hearing has not been receivc 1 o the City within 15 working days from the date of sending the notice. If a request for a public he is received, a public hearing before the Director shall be held in the same manner as a P1a1 1 1 Commission hearing. In either event the Director's decision shall be based upon the requiremen 12 and shall include specific factual findings supporting whether the project is or is not in confo- with, the certified Local Coastal Program (and, if applicable, with the public access and recre 13 policies of Chapter 3 of the Coastal Act). This Director's decision shall be made in writing. The date of the decision shs l4 the date the writing containing the decision or determination is mailed or otherwise delivered t 15 p erson or persons affected by the decision or determination. Unless the decision is appealed t Planning Commission, the Director shall provide a Notice of Final Local Action in accordance 16 Sections 21.20 1.160 & 170 of this code, in addition to the Director's written decision. 1 7 person to the Planning Commission. The written appeal shall specifically state the reason or rea 18 for the appeal and the manner in which the decision of the Director is in error. The decision o Director shall be affirmed by the Planning Commission unless the appellant shows 1 19 preponderance of the evidence that the decision of the Director is in error, inconsistent with law, the General Plan, this zoning ordinance or any policy of the City. The appeal shall be filc 2o writing with the secretary of the Planning Commission within ten calendar days after the date o 21 Director's decision. The decision by the Planning Commission on all appeals of the Dire( decision shall be final. The Director shall give Notice of Final Action on the appeal in accord, 22 with Sections 21.201.160 & 170. E. If the Director determines that the project does not qualify for an exemption, a R/! 23 Coastal Permit or an emergency permit then the Director shall set the application for a public hes 24 before the Planning Commission. Any coastal permit (other than a Minor Coastal Develop] Permit) may be set for hearing concurrently with any other permit for the project. The Director 25 at hidher option refer the application for a Minor Coastal Permit to the Planning Commissiol determination." 26 "21.20 1.090 Notice of Public Hearings. 27 Whenever a public hearing is required by this chapter, notice of the hearing shall be give provided in Section 21.54.060 of this code. When the hearing on a coastal development pem 28 consolidated with the hearing on a tentative map, notice shall satisfy the requirements of both D. The Director's decision is final unless the decision is appealed by an inter& 18 e e 1 chapter and Title 20 of this code." I/ 2 3 4 5 6 7 8 9 10 11 "21.201.100 Notice Of Local Government Action Where Hearing Continued. If a decision on a development permit is continued by the City to a time which is neith previously stated in the notice provided pursuant to Section21.54.060 nor (b) announced 2. hearing as being continued to a time certain, the City shall provide notice of the further hearing action on the proposed development) in the same manner, and within the same time limi established in Sections 21 S4.060, 061 and 070." "2 1.20 1.1 10 Planning Commission Action. After a public hearing the Planning Commission may approve, conditionally approve or finds that the development is consistent with the provisions of the local coastal program fc coastal zone and the development is in conformity with the public access and public recre policies of Chapter 3 of the California Coastal Act." the application. No approval or conditional approval shall be given unless the Planning Commi "21.20 1.120 Appeal of Planning Commission Decision. A. The decision of the Planning Commission is final and effective ten calendar days the adoption of the resolution of decision unless within such ten-day period the applicant 01 12 other interested person files a written appeal with the City Clerk. An individual member of the 13 Council can be an interested person. The written appeal shall specifically state the reason or re: 14 15 16 17 18 for the appeal and the manner in which the decision of the Planning Commission is in error. decision of the Planning Commission shall be affirmed by the City Council unless the appt shows by a preponderance of the evidence that the decision of the Planning Commission is in c inconsistent with state law, the General Plan, LCP, or any applicable Specific Plan, Master 1 zoning ordinance or policy of the City. Upon the filing of an appeal, the City Clerk shall se matter for public hearing. Such hearing shall be held within thirty days after the date of filinl appeal. Within ten days following the conclusion of the hearing, the City Council shall rendt decision on the appeal. The decision of the City Council is final. B. If the development for which a coastal development permit also requires ( 19 /I discretionary permits or approvals for which the Planning Commission is not given final appl 20 21 22 23 authority then the Planning Commission action on the coastal development permit shall be deen. recommendation to the City Council. C. The City Council may establish and levy a fee for appeals of Coastal PE decisions. "21.20 1.130 Appeals to Coastal Commission. The following developments, due to their type or location, are within the appeal jurisdic 24 of the Coastal Commission. Only decisions approving a coastal development permit for 1 developments are Appealable to the Coastal Commission, unless otherwise noted. Areas subje 25 appeal jurisdiction are shown on the Post LCP Certification Map which is on file in the plan department. 26 A. Developments on property located between the sea and the first public 27 paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean tide of the sea where there is no beach, whichever is the greater distance. 28 B. Development on property located within three hundred feet of the top of the seal ll 19 e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream. section which are located in a sensitive coastal resource area. Works project or a major Energy Facility." C. Developments approved by the city not included within subsections A and B o D. Any decision approving or denying a development which constitutes a major P "2 1.20 1.140 Exhaustion Of Local Appeals. A. An appellant shall be deemed to have exhausted local appeals for purposes of 1 an appeal under the Commission's regulations and be an aggrieved person where the appellan pursued the appeal to the appellate body (bodies) as required by the City appeal procedures; e: that exhaustion of all local appeals is not required if any of the following occurs: 1. The City requires an appellant to appeal to more local appellate bodies have been certified as appellate bodies for permits in the coastal zone, in the implementation se of the Local Coastal Program. ordinance which restricts the class of persons who may appeal a local decision; hearing procedures for the development did not comply with the provisions of this Article; 2. An appellant was denied the right of the initial local appeal by a 3. An appellant was denied the right of local appeal because local notict 4. The City charges an appeal fee for the filing or processing of appeals. B. Where the project is appealed by any two (2) members of the Commission, there be no requirement of exhaustion of local appeals. Provided, that notice of Commission appeals be transmitted to the City Council (which considers appeals from the Planning Commission P rendered the final decision), and the appeal to the Commission may be suspended pendi decision on the merits by the City Council. If the decision of the City Council modifies or rev the previous decision, the Commissioners shall be required to file a new appeal from that decisic C. The appeal to the California Coastal Commission shall be filed at the local di office no later than ten working days after the date of the receipt of the notice of final local actic the local district office. No coastal development permit shall be issued or deemed approved un appeal, if any, to the Coastal Commission has been resolved." 19 20 21 22 23 24 25 26 27 28 "21.20 1.150 Public Hearing, On Appealable Developments. At least one public hearing shall be held on each application for an Appealable Developn (except as provided in Section 21.201 .OS0 Minor Coastal Permits) thereby affording any person opportunity to appear at the hearing and inform the city of the nature of their concerns regardin; project. Such hearing shall occur no earlier than ten (10) calendar days following the mailing o notice required in Section 21.54.060. The public hearing may be conducted in accordance existing local procedures or in any other manner reasonably calculated to give interested persol opportunity to appear and present their viewpoints, either orally or in writing. "21 -201.1 60 Finality Of City Action. A local decision on an application for Development shall be deemed final when (1) the : decision on the application has been made and all required findings have been adopted, inch specific factual findings supporting the legal conclusions that the proposed development is or i! in conformity with the certified local coastal program, that the development is in conformity wit1 public access and public recreation policies of Chapter 3 of the Coastal Act, and that the reql conditions of approval adequate to carry out the certified local coastal plan as provided ir I1 20 e 1 2 implementing ordinances have been imposed, and (2) when all rights of appeal have been pro 3 as defined in Sections 21.201.130 and 140." "21.201.170 Notice of Final Citv Action Within seven (7) calendar days of a final decision on an application for any DeveloF 4 5 6 7 8 9 10 11 (except Categorically Excluded or Exempt developments) the city shall provide notice of its s by first class mail to the Commission and to any persons who specifically requested notice of Final Action by submitting a self-addressed, stamped envelope to the city, (or, where required, paid a reasonable fee to receive such notice.) Such notice shall include conditions of approva written findings and the procedures for appeal to the Coastal Commission. The Cc Commission's ten working day appeal period commences upon it's receipt of a final city a notice by the Coastal Commission." "21.201.1 80 Local Government Action - Effective Date. A final decision of the City on an application for an Appealable Development shall be effective after the ten (10) working day appeal period to the Commission has expired followin final local action unless any of the following occur: A. An appeal is filed in accordance with the Commission's regulations; ~~ B. The notice of final local government action does not meet the requiremen l2 11 Sections 21.201.160 and 21.201.170; 13 14 15 16 17 C. The notice of final local government action is not received in the Commission c and/or distributed to interested parties in time to allow for the ten (1 0) working day appeal periol Where any of the circumstances in this Section occur, the Commission shall, u five (5) calendar days of receiving notice of that circumstance, notify the City and applicant th effective date of the City action has been suspended." "2 1.201.190 Application For Emergency Permits. A. Applications in case of emergency shall be made by letter to the Director or in PI ~~ 18 19 essential public services. or by telephone, if time does not allow. Emergency means a sudden, unexpected occw demanding immediate action to prevent or mitigate loss or damage to life, health, propert B. The following information shall be included in the request: 20 1. Nature of emergency; 21 22 2. Cause of the emergency, insofar as this can be established; 3. Location of the emergency; 4. The remedial, protective, or preventive work required to deal wit1 emergency; and of action taken, including the probable consequences of failing to take action. 23 24 5. The circumstances during the emergency that appeared to justify the cau C. The Director shall verify the facts, including the existence of the nature oj 25 26 27 28 emergency, insofar as time allows. D. The Director may grant an emergency permit upon reasonable terms and condit including an expiration date and the necessity for a regular permit application later, if the Dirc finds that: 1. An emergency exists that requires action more quickly than permitted b procedures for Minor Coastal Permits or for regular permits and the work can and will be comp I) 21 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within thirty days unless otherwise specified by the terms of the permit; 2. Public comment on the proposed emergency action has been reviewed, if allows; and 3. The work proposed would be consistent with the requirements of the cer land use plan. E. The Director shall report, in writing, to the Planning Commission at its first schec meeting after the emergency permit has been issued, the nature of the emergency and the involved. Copies of this report shall be available at the meeting and shall be mailed to all pe who have requested such notification in writing. The report of the Director shall be informar only; the decision to issue an emergency permit is solely at the discretion of the Director subjc F. Any request for an emergency permit within the Coastal Commission area of ori jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission for re and issuance." the provisions of this chapter. "2 1.20 1.200 Expiration Of The Coastal Development Permit. A coastal development permit shall expire on the latest expiration date applicat any other permit or approval required for the project, including any extension granted for permits or approvals but in no event shall this period exceed three (3) years without an extensi time. If the project requires no permits or approvals other than a coastal development permi coastal development permit shall expire two years from its date of approval if a building perm: not been issued for the project." "2 1.20 1.2 10 Extensions. Not more than ninety or less than forty-five days prior to the expiration of a ca development permit the permittee may apply to the Director for an extension of the permit. application for an extension shall be processed pursuant to the provisions of this chapter. extension shall be approved only if it is found that there has been no change of circumstanc relation to Coastal Resources per Section 13 169 of the California Code of Regulations sinci original granting of the permit. If the Director finds that there has been a change of circumstanc relation to Coastal Resources since the original granting of the permit the application fo: extension shall be denied or conditionally approved. The decision of the Director may be appl pursuant to the provisions of Section 21.201.080(D). If a complete application for an extensio: been timely filed, the Planning Commission or the City Council on appeal may grant the extel after the expiration date provided that the final decision is made not later than forty-five days the expiration date." "2 1.20 1.220 Permit Amendment. Upon application by the permittee, a permit may be amended by the approving authol Application for and action on an amendment shall be accomplished in the same manner as spec by this Chapter for initial approval." "21.201.230 Coastal Development Permits Issued by Coastal Commission. The Coastal Commission shall have original jurisdiction for all coastal development pel for development on tidelands, submerged lands and public trust lands, whether filled or unfil Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pwsua 11 22 a e 1 II Public Resources Code Section 30519(b), and are shown on the Post LCP Certification Map wl 2 3 4 5 6 on file in the planning department. The applicant for any project which requires a c development permit issued by the Coastal Commission shall obtain all discretionary app required by this code prior to filing an application with the Coastal Commission for said c development permit." 'I 21.201.240 Violations of the Public Resources Code Any person who violated any provision of Division 20 of the Public Resources Code sh subject to the penalties contained in Public Resources Code Article 2, Section 30820 et. seq." 7 "21,201,250 Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase o * 9 ordinance or any part thereof is for any reason held to be unconstitutional such decision shs affect the validity of the remaining portions of this chapter or any part thereof. The City Cc declares that it would have passed each section, subsection, subdivision, paragraph, sentence, E 10 11 or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivi: l1 I1 paragraphs, sentences, clauses or phrases be declared unconstitutional." Chapter 21.202 12 13 14 15 16 17 18 19 Sections: 21.202.010 21.202.020 21.202.030 2 1.202.040 21.202.050 21.202.055 21.202.060 2 1.202.070 21.202.075 I II 21.202.080 COASTAL AGRICULTURE OVERLAY ZONE Intent and Purpose Definitions Development of Coastal Agricultural Land Permits Required Permitted Uses on Agricultural Lands Lot and Yard Standards - Agricultural Lands Development of Coastal Agricultural Land Findings Required Before Conversion to Urban Areas Development on Coastal Agricultural Lands Not Consistent With Under Land Use Designation Proximity of Urban Development to Existing Developed Areas 11 21.202.090 Review by Planning Commission 20 21 "21.202.010 Intent And Purpose. The Coastal Agriculture Overlay (CA) Zone is established to implement Sections 3017 22 30171(b), 30241, 30242 and 30250 of the California Coastal Act and the Local Coastal Pro Land Use Plan certified on June 1981. This zone recognizes agriculture as a priority use undc 23 Coastal Act and protects that use by establishing mechanisms to assure the continued and ren 24 agricultural use of agricultural lands. The local coastal program recognizes that long agriculture may not be feasible and establishes agriculture as an interim use. Therefore, this 25 allows urban development of such lands if specific findings are made or mitigation measure undertaken. The Coastal Agriculture Zone is an overlay zone; no use shall be allowed on 26 property zoned coastal agriculture unless such use complies with the provisions of this chapte~ 27 with the provisions of any other chapters of this title which are applicable to the property." 28 /I "21.202.020 Definitions. ll 23 II a a 1 2 3 4 5 6 7 8 9 10 11 12 For the purposes of this zone, terms used herein are defined as follows: A. Coastal Agricultural Lands: Means those agricultural lands identified on A4 attached to the Land Use Plan certified on September 1980. The following are the lands ider on Map X: Approximate Acres Site I1 377 Site I11 275 Site IV 109 Lusk 93 Bankers 27 Hunt 200 Carltas 301.38 B. Class I-IV Agricultural Land: Means all land which qualifies for rating as C through Class IV in the US. Department of Agriculture Soil Conservation Service Lanc Compatibility Classification. C. Class V-VI11 Agricultural Land: Means all land which qualified for rating as C1 through Class VI11 in the U.S. Department of Agriculture Soil Conservation Service Lanc Compatibility Classification. D. Land Division: Means the creation of any new property line whether by subdil 13 or other means. mitigation acreage, the parcels and acreages designated on Map X (located in the Local Cc l4 E. Net Impacted Agricultural Land: Means for purposes of calculating re( 15 Program Land Use Plan) and the 301.38 acre Carltas property suitable for agricultural use minl acreage in steep slopes (25% or greater) and areas containing sensitive coastal resources that 1 16 preclude development in addition to any acreage under the control of a public entity for a F recreation or open space use. 17 F. Underlying Land Use Designation: Means those urban uses which are consistenl 18 the urban land use designation established by the Carlsbad General Plan and the Local Cc Program Land Use Plan, which agricultural lands may be converted in conformance wit1 19 chapter. G. Urban Uses: Means any use other than a use permitted by Section 21.20' 2o including any use necessary or convenient to urban use." 21 ll "21.202.030 Urban Development Of Coastal Agricultural Land. 22 II Coastal agricultural land may be converted from agricultural use and developed for urbi 23 II in compliance with the procedures of this chapter." 24 "21.202.040 Permits Required. No development, including but not limited to land divisions, as defined in Section 2 1 .Of 25 of this Code shall occur without a Coastal Development Permit having first been issued pursm Chapter 21.201 of this Code. A Master Plan or a planned development permit processed acco 26 to Section 21.202.060 shall be considered a coastal permit if also processed in compliance 27 Chapter 21.201 ." 28 "21.202.050 Permitted Uses On Agricultural Lands. li 24 It 0 a 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The provisions of this section shall apply to any coastal agricultural land which has no1 approved for development pursuant to this chapter. A. On any Class I through Class IV Agricultural Land the following uses on1 permitted: 1. Cattle, sheep, goats and swine production, provided that the number c one or combination of said animals shall not exceed one animal per half acre of lot area. Stru for containing animals shall not be located within fifty feet of any habitable structure on the parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses. 2. Crop production. 3. Floriculture. 4. Horses, private use. 5. Nursery crop production. 6. Poultry, rabbits, chinchillas, hamsters and other small animals, provide more than twenty five of any one or combination thereof shall be kept within fifty feet o habitable structure, or within three hundred feet of an adjoining parcel zoned for residential use! 7. Roadside stands for display and sale of products produced on the premises, with a floor area not exceeding two hundred square feet, and located not nearel twenty feet to any street or highway. 8. Tree farms. 9. Truck farms. 10. Wildlife refuges and game preserves. 1 1. Other uses or enterprises similar to the above customarily carried on i field of general agriculture including accessory uses such as silos, tank houses, shops, barns, of coops, stables, corrals, and similar uses required for the conduct of the uses above. 12. One single family dwelling per existing legal building parcel. 1. All of the permitted uses listed above. 2. Hay and feed stores. 3. Nurseries, retail and wholesale. 4. Packing sheds, processing plants and commercial outlets for farm c 5. Greenhouses, provided all requirements for yard setbacks and heig: B. On any Class V through VI11 Agricultural Land the following uses only are perrr provided that such activities are not located within 100 feet of any lot line. specified in Chapter 21.07 of this Code are met." "21.202.055 Lot And Yard Standards - Agricultural Lands. The provisions of this section shall apply to any coastal agricultural land which has not approved for development pursuant to this chapter. A. The minimum required lot area of any newly created lot shall not be less tha acres unless the City Council finds that smaller parcel sizes will not adversely affect the agricu use of the property. B. Every newly created lot shall have a minimum width of the rear line of the req front yard of not less than three hundred feet. C. Every lot shall have a required front yard of forty feet. Except as otherwise pro- in Section 21.202.050 no building or structure shall be located on the required front yard. D. Every lot and building site shall have a side yard on each side of the lot or bui site not less than fifteen feet in width unless otherwise permitted by Section 21. 202.050. 25 e e 1 2 3 4 E. Every lot and building site shall have a rear yard of not less than twenty fiv F. No building or structure shall exceed thirty five feet in height. G. Buildings and structures shall not cover more than forty percent of a lot. H. All residential structures shall conform to the provisions of Section 21.07.120 ( unless otherwise permitted by Section 21.202.050. Code." 5 "21.202.060 Development Of Coastal Agricultural Land. 6 Coastal agricultural lands may be converted from agricultural to urban uses pursuant 1 following procedures: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. Zoning approvals: 1. For property over 100 acres in area a Master Plan shall be submittec processed according to the provisions of Chapter 21.38 of this Code. The uses permitted pursu the Master Plan shall be those permitted by the provisions of the Carlsbad General Plan and cel Local Coastal Program in effect at the time the application is submitted. 2. For property less than 100 acres in area, a planned development permit , be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, whiche7 ~ applicable. The uses permitted pursuant to the planned development permit and the develor ' standards shall be as follows: i Land Designation on Carlsbad General Plan Permitted Uses and Development Standards Residential Low Density R-1 40000 Residential Low Medium Density R-1 10000 Residential Medium Density RD" Residential Medium to High Density RD" Planned Industrial P-M (Map Y of the Certified Local Coastal Program shows existing permitted land u categories) B. Development permitted based upon mitigation of lands zoned coastal agricultural A Master Plan or planned development permit for urban development of lands I coastal agriculture shall, in addition to complying with all aspects of the City's General Plan, include the following items: 1. An enforceable, non-revocable commitment by the property owner to pre permanently one acre of prime agricultural land within the California Coastal Zone for eac impacted acre of non-prime coastal agricultural land in the Local Coastal Program propose development. The preserved land shall be located in an area selected by the State Cc Conservancy and approved by the City Council. This enforceable commitment shall require, pr issuance of a building permit, the permanent transfer or dedication of interest in the 1 agricultural land to a grantee that is a local or state agency, or a tax exempt organization quali: under Section 501(c)(3) of the U.S. Internal Revenue Code. Grantees also shall be limitc organizations and agencies whose principal purposes are consistent with the preservatia agriculture. 2. The following documentation pertaining to the prime agricultural land or the Local Coastal Program that is being permanently preserved: I) 26 0 e 1 a. Parties. Identification of the grantor and grantee (i.e. property o and government agency or tax exempt organization having a letter determination from th~ b. Legal Description. A legal description of the prime agricultural 2 3 documenting qualification per Section 501(c)(3) of the Internal Revenue Code). being preserved. and purpose of the easement or other form of property interest being used to protect ; 5 6 agriculture. Acceptable interests include, but shall not be limited to, conservation easen transfers in trust, common law easements, open space easements, restrictive covenants, equ 4 c. Type and Purpose of Easement. A clear statement defining the servitudes, fee ownership or any other permanent restriction approved by the City Council. 7 d. Statement of Intent. A statement of intent by the grantor sh; submitted declaring an intent to protect agricultural land through the creation of easements or 8 9 interests running with the property, and a declaration of intent by the grantee to honor such g: intent in perpetuity. incorporated into the easement showing evidence of the agricultural lands that grantor and gr 10 e. Documentation. Maps, reports, aerial photographs shal intend to preserve. 12 demonstrate the necessary authority to monitor and enforce compliance with terms of the agret as the trustee or guardian. Restrictions shall prescribe all reasonable foreseeable activities that 13 be potentially harmful to conservation values. interest by the grantee to another qualified organization should the grantee fail to maintain thc 1 4 g. Executory Limitation. Provisions for forfeiture of the easeme 15 h. Assignment. Grantee shall agree to hold easements or interesl 16 conservation purposes and guarantee that he will not transfer the easement except to an organiz qualified to hold such interests under the relevant California and Federal laws and the terms o 1 7 section. 18 of the grantee. All restrictions shall bind all subsequent purchasers or title holders of the rest] 1 g land and shall continue as a servitude running with the land in perpetuity. 3. Prior to building permit issuance, the property owner shall present to the 20 Manager proof of dedication by grantor and acceptance by grantee of an appropriate interest in 1 21 C. Urban development of lands shown to be not feasible for continued or ren 22 agricultural use. In lieu of the procedures established by subsection B. or subsection D. of se 21.202.060 property owners may complete an agricultural feasibility study prior to conversic 23 lands designated coastal agriculture. The purpose of the feasibility study shall be to deten 24 consistent with Section 30242 of the Coastal Act, if continued or renewed agriculture is feasib the subject property. 25 1. An applicant or group of applicants may complete an agricultural feasi analysis for one or any combination of the following study areas: a. all coastal agricultural lan 26 the Local Coastal Program area; b. individual feasibility analyses for each of five subunits il 27 Local Coastal Program (refer to Map X; located in the Local Coastal Program Land Use Plan); 28 Site I1 377 11 f. Rights, Restrictions, Permitted Uses and Reservations. Grantee for agricultural use, shall be included. 1. Habendum Clause. The interest in property shall inure to the bc agricultural lands pursuant to subsection B2. Approximate Acres I/ 27 a a 1 2 3 4 5 6 7 Site I11 275 Site IV 109 LuskBankers Site 120 Carltas Site 301.38 c. an individual study for the Hunt property may be submitted as part of a submitted Master P1 each of its subunits, or d. feasibility studies may be submitted for contiguous land holdings c acres or more in single ownership. 2. Feasibility studies submitted for the purpose of determining the viabil continued or renewed agriculture on coastal agricultural parcel(s) shall provide the following: a. Description of the farm unit under study including discussions 0: capabilities, crop patterns, and minimum economic farm size. b. Investment cost analysis including cost of land for agricL c. Farm unit cash flow analysis (production costs, income, etc.). d. Tax considerations relative to feasibility. 8 purposes. 9 10 3. Upon completion, the agricultural study shall be submitted to the Cit 11 e. Implications of future trends in water cost and availability, lan labor costs, and market competition. 12 review and approval concurrent with the filing of a Master Plan or planned development permit. a. If the study finds that continued or renewed agriculture is feasibl 13 property owner has the choice of: (1) maintaining agricultural uses; or (2) proceeding conversion and mitigation pursuant to the procedures set forth in subsection B of this section. 14 b. If the feasibility study finds that continued or renewed agricultl 15 not feasible and City Council concurs, the City shall review the submitted Master Plan or pl: development permit on its merits and for consistency with the other provisions of this Code ar 16 Local Coastal Program. If City Council determines that the development is in conformance wj provisions of the Code and the Local Coastal Program, it may be approved without mitigatic 17 conversion of agricultural land. The approved feasibility study and Master Plan or pl; development permit approved by the City shall be prepared as a Local Coastal Program amend ’ 8 and submitted to the Coastal Commission for certification. The Master Plan, planned develop 1 g permit or coastal permit shall not be final unless the Local Coastal Program amendment is app1 by the Coastal Commission. 21 subsection B. or subsection C. of this section, property may be converted to urban uses payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be detem 22 by the City Council at the time it considers a Coastal Development permit for urban developmc the property. The fee shall not be less than five thousand dollars nor more than ten thousand dl 23 per net converted acre of agricultural land and shall reflect the approximate cost of preserving 1 agricultural land pursuant to subsection B. of this section. The fees shall be paid prior t 24 issuance of building permits for the project. All mitigation fees collected under this section shz 25 deposited in the State Coastal Conservancy Fund and shall be expended by the State Cc Conservancy in the following order of priority: 26 1. Restoration of natural resources and wildlife habitat in Batiquitos La including but not limited to, continued funding of any maintenance, operation or enhancement 27 necessary to implement any lagoon enhancement program approved by the City Council. 28 2. Development of an interpretive center at Buena Vista Lagoon. 20 D. Agricultural conversion mitigation fee. In lieu of the procedures establishe I/ 28 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Restoration of beaches managed for public use in the coastal zone in the of Carlsbad. 4. Any other project or activity benefiting natural or agricultural resources coastal zone in the City of Carlsbad that is provided for in the certified Local Coastal Program. E. Site I Special Restrictions. Notwithstanding anything to the contrary in this ch Site I as shown on Map X shall not be converted to urban use except as specifically permitted 1 Local Coastal Program provisions for urban development of Site I. “21.202.070 Findings Required Before Conversion To Urban Uses. A. Where a property owner has agreed to preserve prime agricultural land elsewhc the state coastal zone pursuant to Section 21.202.060 then the City Council prior to approva Master Plan or planned development permit must find that: 1. The conversion would preserve prime agricultural land in a manner cons with Section 30242 of the Public Resources Code, the certified Local Coastal Plan and this char 2. The Master Plan or planned development permit is consistent wit certified Local Coastal Program. 3. Conversion would concentrate urban development consistent with St 30250 in areas able to accommodate it, and within or adjacent to developed areas. 4. Conversion would be compatible with continued agriculture on adj agricultural lands. 5. Consistent with the certified Local Coastal Program and Section 30241 ( Coastal Act, conversion would contribute to limiting conversions of prime agricultural lanc create stable urbdrural boundaries within prime agricultural lands located elsewhere in the c( zone. B. Where a property owner has elected to complete an agricultural feasibility ana and the property owner and City agree, based on that analysis, that continued or renewed agricl is not feasible on the subject lands, and a City Council approved feasibility analysis and Iv Pldplanned development permit must incorporate City findings declaring that: 1. Continued or renewed agriculture is not feasible on the subject parcel(s) consistent with Section 30242 of the Coastal Act, conversion of the parcels designated cc agriculture in the Land Use Plan shall not require the preservation of prime agricultural : elsewhere in the coastal zone. 2. Development permitted is consistent with the certified Local Coastal Pro2 3. Permitted development is compatible with continued agriculture on adj agricultural lands. C. Where a property owner has agreed to pay an agricultural conversion mitigatio pursuant to Section 21.202.060 then the City Council prior to approval of a Master Plan or plz development permit must find that: 1. The Master Plan or planned development permit is consistent wit1 certified Local Coastal Program. 2. Conversion would be compatible with continued agriculture on adj; agricultural lands. 3. The property owner has executed an agreement to pay the fee and agreement has been approved by the City Council.” // “21.202.075 Development On Coastal Agricultural Lands Not Consistent With Under: ll 29 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Land Use Designations. Conversions of coastal agricultural lands to urban uses other than those underlying lan designations identified on Map Y may be permitted pursuant to the procedures and findings sel in Sections 21.202.060 and 21.202.070 subject to the preparation and submission of a Local C' Program amendment for Coastal Commission certification. I' "21.202.080 Proximity Of Urban Development To Existing; Development Areas. Urban development of agricultural lands shall be located: A. Contiguous with or in close proximity to existing developed areas; B. In areas with adequate public facilities and services; C. Where it will not have significant adverse effects, either individually or cumulat on coastal resources." Chapter 21.203 COASTAL RESOURCE PROTECTION OVERLAY ZONE Sections: 21.203.010 Intent and Purpose 2 1.203.020 Applicant 21.203.030 Permit Required 21.203.040 Development Standards "2 1.203 .O 10 Intent And Purpose. The intent and purpose of the Coastal Resource Protection Overlay Zone is to: A. Supplement the underlying zoning by providing additional resource protc regulations within designated areas to preserve, protect and enhance the habitat resource va1.c Buena Vista Lagoon, Agua Hedionda Lagooh, Batiquitos Lagoon, and steep sloping hillsides; B. Provide regulations in areas which provide the best wildlife habitat characteristic C. Encourage proper lagoon management; D. Deter soil erosion by maintaining the vegetative cover on steep slopes; E. Implement the goals and objectives of Sections 30231,30233, 30240(b) and 302 the Public Resources Code and the approved Carlsbad Local Coastal Program." 20 "21.203.020 Applicability. 21 22 procedural requirements for coastal development permits of Chapter 2 1.20 1 of this code." 25 24 "21.203.030 Permit Required. 23 between this zone and the underlying zone, provisions of this zone shall apply." "21.203.040 Development Standards. 26 The following specific development standards shall be applied to areas within the Cc 27 Resource Protection Overlay Zone as part of the coastal development permit. Such standards 28 control, notwithstanding the provisions of the underlying zone and shall include: This chapter implements the California Coastal Act and is applicable to all properties lo' in the coastal zone as defined in Public Resources Code Section 301 71. In case of any co Developments, including but not limited to, land divisions, as defined in Chapter 21.01 require a coastal development permit. This permit is subject to the requirements of this zone an 30 a a 1 2 3 4 5 A. Preservation of Steep Slopes and Vegetation Any development proposal that affects steep slopes (25% inclination or greater: be required to prepare a slope map and analysis for the affected slopes. Steep slopes are ider on the PRC Toups maps. The slope mapping and analysis shall be prepared during the ( environmental review on a project-by-project basis and shall be required as a condition of a c development permit. 1. For those slopes mapped as possessing endangered plandanimal sy and/or coastal sage scrub and chaparral plant communities, the following policy language T 6 apP1Y: a. Slopes of 25% grade and over shall be preserved in their natural 7 case an encroachment not to exceed 10% of the steep slope area over 25% grade may be perm unless the application of this policy would preclude any reasonable use of the property, in T 8 For existing legal parcels, with all or nearly all of their area in slope area over 25% 1 9 encroachment may be permitted; however, any such encroachment shall be limited so that at no is more than 20% of the entire parcel (including areas under 25% slope) permitted to be distl IO from its natural state. This policy shall not apply to the construction of roads of the ( Circulation Element or the development of utility systems. Uses of slopes over 25% may be me 1 1 order to provide access to flatter areas if there is no less environmentally damaging alterr 12 available. b. No further subdivisions of land or utilization of Planned 13 Developments shall occur on lots that have their total area in excess of 25% slope unless a PL Unit Development is proposed which limits grading and development to not more than 10% ( 14 total site area. 15 c. Slopes and areas remaining undisturbed as a result of the hi1 review process, shall be placed in a permanent open space easement as a condition of develop 16 approval. The purpose of the open space easement shall be to reduce the potential for loca erosion and slide hazards to prohibit the removal of native vegetation except for creating firebl 1 7 and/or planting fire retardant vegetation and to protect visual resources of importance to the c 18 community. 2. For all other steep slope areas, the City Council may allow exceptions t 1 g above grading provisions provided the following mandatory findings to allow exceptions are ma a. A soils investigation conducted by a licensed soils engineel 20 determined the subject slope area to be stable and grading and development impacts mitigatabl 21 b. Grading of the slope is essential to the development intent and des at least 75 years, or life of structure. 22 c. Slope disturbance will not result in substantial damage or alteratic major wildlife habitat or native vegetation areas. 23 24 d. If the area proposed to be disturbed is predominated by steep SI 27 wildlife corridors occurs. 26 and is less than 10 acres, complete grading may be allowed only if no interruption of signif e. If the area proposed to be disturbed is predominated by steep sl 25 major grade changes. and is in excess of 10 acres, no more than one third of the total steep slope area shall be subjc vegetation fiom these areas will be permitted unless all environmental impacts have been mitiga 28 problems and in many cases contain more extensive natural vegetation, no grading or remov, f. Because north-facing slopes are generally more prone to stat ll 31 a e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Overriding circumstances are not considered adequate mitigation. B. Drainage, Erosion, Sedimentation, Habitat 1. Buena Vista Lagoon: Developments located along the first row ol bordering Buena Vista Lagoon, including the parcel at the mouth of the Lagoon, shall be desig for residential development at a density of up to four dwelling units per acre. Proposed develol in this area shall be required to submit topographic and vegetation mapping and analysis, as w soils reports, as part of the development permit application. Such information shall be provid addition to any required Environmental Impact Report, and shall be prepared by qua professionals and in sufficient detail to locate the boundary of wetland and upland areas and are slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to determin appropriate developable areas, generally not less than a scale of 1 I' - 100' with a topographic co interval of five feet, and shall include an overlay delineating the location of the proposed pro The lagoon and wetland area shall be delineated and criteria used to identify any wetlands exi on the site shall be those of Section 3012 1 of the Coastal Act and based upon the standards c Local Coastal Program Mapping Regulations. Mapping of wetlands and siting of development be done in consultation and subject to the approval of the Department of Fish and Ga Development shall be clustered to preserve open space for habitat protection. Minimum setbac at least 100 feet from wetlandsAagoon shall be required in all development, in order to buffer sensitive habitat area from intrusion. Such buffer areas, as well as other open space areas requir permitted development to preserve habitat areas, shall be permanently preserved for habitat through provision of an open space easement as a condition of project approval. In the event t wetland area is bordered by steep slopes (in excess of 25%) which will act as a natural buffer t habitat area, a buffer area of less than 100 feet in width may be permitted. The density ol permitted development shall be based upon the net developable area of the parcel, excluding portion of a parcel which is in wetlands or lagoon. As specified in (a), a density credit m: provided for that portion of the parcel which is in steep slopes. Storm drain alignments as pro1 in the Carlsbad Master Drainage Plan which would be carried through or empty into Buena Lagoon shall not be permitted, unless such improvements comply with the requirements of Sec 30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the hct capacity of the Lagoon in a manner acceptable to the State Department of Fish and Game. 1 divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single pla development permit for the entire original parcel. 2. Batiquitos Lagoon Watershed: Development located east of 1-5 (gene referred to as the Savage property) shall be designated for a maximum density of development units per gross acre, excluding wetlands and constrained slopes. Development shall take 1 according to the requirements of the P-C Planned Community zone Chapter 21.38, supplement6 these additional requirements. Land divisions shall only be permitted pursuant to a Master Pla the entire original parcel subject to the requirements herein: a. Drainage, Erosion and Sedimentation requirements shall b specified in subsection B.4. of this section. b. Detailed topographic maps shall be prepared by qualified professic including biologists, hydrologists and engineers in sufficient detail to locate the boundary of la; or wetland and upland areas. The scale shall not be less than 1 'I = 100' with a contour interval of feet, and shall include an overlay delineating the location of the development. The lagoon wetland areas shall be delineated according to the requirements of Section 30121 of the Coastal and the Local Coastal Program mapping regulations, subject to the review and approval of the 32 m a 1 Department of Fish and Game. c. Development shall be clustered to preserve open space and habita 2 d. A minimum setback of 100 feet from the lagoodwetland shi 3 e. At least 2/3 of any development shall be clustered on the half ( 4 property fwthest away from the lagoon at the base of the bluff in order to preserve the outsta~ required. visual and natural resources. 5 f. Existing mature trees shall be preserved. 6 g. Public recreation facilities shall be provided as a conditic development including picnic tables, parking, and a public access trail along the lagoon shore. 7 trail shall be secured by an irrevocable offer to dedicate public access but shall be developel landscaped as a condition of development and shall be at least 15 feet wide with unobstructed I 8 of the lagoon. 9 h. To facilitate provision of public use areas and preservatio environmentally sensitive lands, and to maintain the outstanding visual resources in the 10 surrounding the lagoon, an additional density credit of one dwelling unit per acre of developed shall be provided for each two and one half percent (2 1/2%) of total lot area, excluding wet1 11 which is maintained in open space and public recreation in excess of fifty percent (50%) of the 12 lot area, excluding wetlands. 3. Areas - West of 1-5: For areas west of the existing Paseo del Norte, we 13 Interstate 5 and along El Camino Real immediately upstream of the existing storm drains following policy shall apply: A site-specific report prepared by a qualified professional sha l4 required for all proposed development, identifying mitigation measures needed to avoid incrt 15 runoff and soil erosion. The report shall be subject to the requirements of the model erosion cc ordinance contained in the Appendix to the Carlsbad Master Drainage Plan (June, 1980), and t 16 additional requirements contained herein. Such mitigation shall become an element of the prc and shall be installed prior to the initial grading. At a minimum, such mitigation shall re, 1 7 construction of all improvements shown in the Master Drainage Plan for the area between the pri 18 site and the lagoon (including the debris basin), as well as: restriction of grading activities tc months of April through September of each year; revegetation of graded areas immediately 19 grading; and a mechanism for permanent maintenance if the city declines to accept responsibility. Construction of drainage improvements may be through formation of an assess 20 district, or through any similar arrangement that allots costs among the various landowners i 21 equitable manner. 4. All Other Areas in the Coastal Zone: The following requirements shall a 22 unless superseded by the more specific requirements herein and subject to the modificati additions, or exceptions detailed below, as a part of the permit application, the applicant shall su 23 an erosion, sedimentation and drainage report prepared by a qualified professional which incl 24 the requirements of the Model Erosion Control Ordinance reprinted in the Appendix to the 1980 Carlsbad Master Drainage Plan, all requirements of the Master Drainage Plan, and 25 additional requirements specifically enumerated herein. The June 1980 Master Drainage Plan ar appendices are herein incorporated by this reference. No subsequent amendments are a part 01 26 zone unless certified by the Coastal Commission. The general provisions, procedures, stand: 27 content of plans and implementation contained therein are required conditions of developmer addition to the provisions below. Approved development shall include the following condition 28 addition to the requirements specified above: 33 8 0 1 a. All offsite, downstream improvements (including debris basin an1 other improvements recommended in the Drainage Plan) shall be constructed prior to the issuar 2 3 a grading permit onsite. Improvements shall be inspected by city or county staff and certifi adequate and in compliance with the requirements of the Drainage Plan and the add? requirements of this zone. If the city or county declines to accept maintenance responsibility fc 4 improvements, the developer shall maintain the improvements during construction of the ( 5 improvements. b. If the offsite or onsite improvements are not to be accepted 6 maintained by a public agency, detailed maintenance agreements including provisions for fina the maintenance through bonding or other acceptable means shall be secured prior to issuance ( 7 permit. Maintenance shall be addressed in the report required to be submitted with the p application. The report shall discuss maintenance costs and such costs shall be certified as a 8 effort at obtaining accurate figures. 9 c. Construction of offsite drainage improvements may use an assess district or any other acceptable manner. Such mechanisms shall be secured by bonding or 10 acceptable means prior to issuance of a coastal development permit. d. If a public agency agrees to accept maintenance responsibiliti 1 1 shall inspect the facilities prior to onsite construction or grading and indicate if such facilities a 12 continued maintenance. No onsite development may take place prior to acceptance of the draj improvements. 13 e. All construction activities shall be planned so that grading will ( in units that can be easily completed within the summer construction season. All grading opera l4 shall be limited from April 1 to October 1 of each year. All areas disturbed by grading sha 15 p. lanted within 60 days of the initial disturbance and prior to October 1 with temporary or perm; (m the case of finished slopes) erosion control methods. 16 f. Storm drainage facilities in developed areas shall be improved enlarged according to the Carlsbad Master Drainage Plan, incorporating the changes spec I 7 herein. Improvement districts shall be formed for presently undeveloped areas which are expecl 18 urbanize in the future. The improvement districts shall implement the Master Drainage P Upstream areas in the coastal zone shall not be permitted to develop incrementally pric 19 installation of the storm drain facilities downstream, in order to assure protection of cc resources. New drainage facilities, required within the improvement districts shall be financed e 2o by some form of bond or from fees collected from developers on a cost-per-acre basis. 21 g. When earth changes are required and natural vegetation is rem( the area and duration of exposure shall be kept at a minimum. erosion. These include keeping soil covered with temporary or permanent vegetation or with n 23 24 materials, special grading procedures, diversion structures to divert surface runoff from ex1 soils, and grade stabilization structures to control surface water. i. Apply "sediment control" practices as a perimeter protection to prc 25 offsite drainage. Preventing sediment fiom leaving the site should be accomplished by such met as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion 26 course, the most efficient way to control sediment runoff. 27 C. Landslides and Slope Instability: Developments within 500 feet of areas ideni generally in the PRC Toups Report, figure 8, as containing soils of the La Jolla group (susceptik 28 accelerated erosion) or landslide prone areas shall be required to submit additional geologic re 22 h. Soil erosion control practices shall be used against "onsite" 34 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 containing the additional information required in the Coastal Shoreline Development Overlay Z( D. Seismic Hazards: Development in liquefaction-prone areas shall include site-spl investigations done addressing the liquefaction problem and suggesting mitigation measures. residential development in excess of four units, commercial, industrial, and public facilities have site-specific geologic investigations completed in known potential liquefaction areas. E. Floodplain Development: Within the coastal zone, in the 100-year floodplain, nc or expanded permanent structures or fill shall be permitted. Only uses compatible with per flooding shall be allowed." Chapter 21.204 COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE Sections: 21.204.010 21.204.020 21.204.030 2 1.204.040 21.204.050 2 1.204.060 21.204.070 21.204.080 2 1.204.090 2 1.204.100 21.204.110 21.204.120 Intent and Purpose Application Permitted Beach Uses Conditional Beach Uses Uses not on the Beach, Subject to Coastal Shoreline Development Permit Requirements for Public Access Special Access Requirements for Developments or new Developments 0 Containing Evidence of Historic Public Use Mechanisms for Guaranteeing Public Access Site Plans Required Site Plan Review Criteria Geotechnical Reports Waiver of Public Liability "2 1.204.0 10 Intent and Purpose. The Coastal Shoreline Development Overlay Zone is intended to provide land use regula along the coastline area including the beaches, bluffs, and the land area immediately land thereof. The purpose of the Coastal Shoreline Development Zone is to provide for control development and land use along the coastline so that the public's interest in maintaining the shor as a unique recreational and scenic resource, promoting public safety and access, and in avoidin adverse geologic and economic effect of bluff erosion, is adequately protected." "2 1.204.020 Application. The Coastal Shoreline Development Overlay Zone shall be applied to areas within the F I1 Segment of the Carlsbad Local Coastal Program located between the sea and the first public parallel to the sea." "21.204.030 Permitted Beach Uses. Permitted uses and developments are limited to the following uses and require a Co A. Steps and stairways for access from the top of the bluff to the beach. Development permit according to the requirements of this zone: /I 35 ll 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Toilet and bath houses. C. Parking lots, only if identified as an appropriate use in the Local Coastal Progran Mello I1 Segment Land Use Plan; (see Policy 2-3). D. Temporary refreshment stands, having no seating facilities within the structure. E. Concession stands for the rental of surfboards, air mattresses and other s F. Life guard towers and stations and other lifesaving and security facilities. G. Fire rings and similar picnic facilities. H. Trash containers. I. Beach shelters." "21.204.040 Conditional Beach Uses. A. Uses substantially similar to the permitted uses listed above may be permitted o beach subject to this chapter and Chapters 21.42 and 21 SO. B. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls other such construction that alters natural shoreline processes shall be permitted when requir serve coastal dependent uses or to protect existing structures or public beaches in danger erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand SUI As a condition of approval, permitted shoreline structures may be required to replenish the I: with imported sand. Provisions for the maintenance of any permitted seawalls shall be included condition of project approval. As a further condition of approval, permitted shoreline structures be required to provide public access. Projects which create dredge spoils shall be required to de such spoils on the beaches if the material is suitable for sand replenishment. Seawalls sha constructed essentially parallel to the base of the bluff and shall not obstruct or interfere wit passage of people along the beach at any time." equipment for use in the water or on the beach. "21.204.050 Uses Not On The Beach Subiect To Coastal Shoreline Development Permit Uses permitted by the underlying zone map may be permitted on non-beach areas subje granting of a Coastal Development Permit for coastal shoreline development issued pursuant tl procedures of Chapter 21.201 of this title, unless specifically prohibited by policies or I applicable ordinances in the approved Carlsbad Local Coastal Program. Non-beach areas are de as areas at elevations of 10 feet or more above mean sea level (North American Datum, 19 Permitted uses are subject to the following criteria: A. Grading and Excavation - Grading and excavation shall be the minimum necessa complete the proposed development consistent with the provisions of this zone and the follo requirements: 1. Building sites shall be graded to direct surface water away from the top c bluff, or, alternatively, drainage shall be handled in a manner satisfactory to the City which prevent damage to the bluff by surface and percolating water. 2. No excavation, grading or deposit of natural materials shall be permitte the beach or the face of the bluff except to the extent necessary to accomplish construction pur: to this section. B. New development fronting the ocean shall observe at a minimum, an ocean set based on a "stringline" method of measurement. No enclosed portions of a structure sha' permitted further seaward allowed by a line drawn between the adjacent structure to the nortk 36 a e 1 may be required for geologic reasons and if specified in the Local Coastal Program." Z? line drawn between those on the adjacent structures to the north and south. A greater ocean SE south; no decks or other appurtenances shall be permitted further seaward than those allowec 3 "21.204.060 Requirements For Public Access. 4 A. Lateral Public Access: 5 One or more of the following types of public access shall be required as a conditic development: 6 1. Minimum Requirements. Developments shall be conditioned to provic public with the right of access to a minimum of 25 feet of dry sandy beach at all times of the 7 The minimum requirement applies to all new developments proposed along the shoreline reql any type of local permit including a building permit, minor land division or any other ty 8 discretionary or nondiscretionary action. 9 2. Additional Requirements. New developments as specified below sha conditioned to provide the public with lateral public access in addition to minimum requirement 10 (2). Developments on parcels where there is evidence of hi, 11 a. Applicability (1). Seawalls and other shoreline protective devices. 12 public use. In such areas the amount and location of additional access shall be equal to the an and extent of public use. 13 access roads or existing beach areas. 14 anticipated future projects adversely affect existing public access by overcrowding of major cc (3). Development which either by itself or in conjunction 15 (4). Development which commits ocean front lands to non-pri uses such as residential uses, non-visitor, or non-coastally oriented commercial and industrial us 16 (5). Access as identified in the Local Coastal Progrz Developments adjacent to Buena Vista Lagoon (See Policy 7-6 of the Local Coastal Program P, l7 I1 Segment Land Use Plan) and the parcel located at extreme north end of Ocean Street (See PI 18 7-8 of the Local Coastal Program Mello II Segment Land Use Plan) b. Required Standards. In determining the amount and type of addit 19 lateral public access to be required (G area for additional parking facilities, constructio improvements to be made available to the public, increased dry sandy beach area, or type of u 20 the dry sandy beach) the city shall make findings of fact considering all of the following: 21 (1). The extent to which the development itself creates physica visual impediments to public access which has not been mitigated through revisions in design or 22 changes. (2). The extent to which the development discourages the pi 23 from visiting the shoreline because of the physical and visual proximity of the development tc 24 (3). The extent to which the development burdens existing 25 capacity and onstreet parking areas thereby making it more difficult to gain access to and use o coast by mher congesting access roads and other existing public facilities such as beaches, I 26 and road or sewer capacities. 27 (4). The extent to which the development increases the intensil 28 (5). The potential for physically impacting beach and ( shoreline. use of existing beach and upland areas, thereby congesting current support facilities. 37 a e 1 recreational areas inherent in the project affecting shoreline wave and sand movement processes B. Bluff Top Access: 2 1. Minimum Requirements. Development adjacent to a shorefiont bluff tc 3 where no beach exists or where beach is inaccessible because stairways have not or cam provided, shall be conditioned to provide the public with the right of access of at least 25 feet 4 the current bluff edge for coastal scenic access to the shoreline. The minimum requirement appl all new developments proposed on bluff tops along the shoreline requiring any type of local p 5 including a building permit, a minor subdivision or any other type of discretionary or 6 discretionary action. 2. Additional Requirements. New developments along the bluff top area 1 7 result in additional burdens to public access to the shoreline shall be conditioned to provid public with public access such as view points in addition to the requirements specified above. beginning at the current bluff edge extending at least 25 feet inland. Due to the potential for er 9 of the bluff edge, the area shall be adjusted inland to the current bluff edge as the edge rece 10 However, the easement shall not extend any closer than 10 feet from an occupied resid( structure or the distance specified in the certified Local Coastal Program. The area shall be le 11 described with the furthest inland extent of the area possible referenced as a distance from a 12 monument in the following manner: "Such easement shall be located along the bluff top mea! inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, the loc 13 of this right-of-way would change over time with the then current bluff edge, but in no case SI extend any closer than feet from (a fixed inland point, such as a road or other easement monume 14 C. Vertical Access: 15 1. Requirements. Development between the first public road and the sea mi 16 2. Standards for Determining if Vertical Access is to be Required. The city 17 determination shall be supported by findings of fact which consider all of the following: 18 8 3. Description of Accessway. The bluff top access shall be described as ar required to provide both lateral and vertical access. review all of the following factors in determining whether vertical access is required. a. Existing and anticipated public need to gain access to the shor including the location and use of currently existing official accessways in the vicinity. safety and current use, and habitat values proximity to agricultural areas, military security. such use. 19 c. Ability to provide for public use by mitigating time and locatic 20 b. Physical constraints of the site, including availability of sandy bl 21 d. Location and necessity of support facilities. If suitable parking I 22 do not exist, vertical accessways will be required at frequent intervals, so that parking will be sp 23 e. Privacy needs of property owner and site design changes whicl 24 25 access. 3. Types of Use of Vertical Access Area. The vertical access required 26 condition of development shall be limited to the public right-of-pass and repass unless another 27 of use is specified as a condition of the development. In determining if another type of UI appropriate, the local government shall consider the specific factors enumerated in this Section. 28 4. Siting and Description of the Accessway. If possible, vertical access 38 in the area at an even rate. available to protect privacy. f. Nature of the development proposed in relation to its impact on p il a e 1 3 the site and the design of the proposed project, the vertical accessway may be resited in the midl * shoreline. If a different siting of the accessway is more appropriate considering the topograp shall be sited along the border of the development and shall extend from the road to the bluff ec the parcel. If sited in the middle of a parcel, the property shall be surveyed at the landm expense and a legal description shall be prepared. If a residential structure is proposec 4 accessway should not be sited closer than 5 feet to the structure or the distance specified i certified Local Coastal Program. The vertical accessway shall be a minimum of 10 feet in wic 5 allow for public pedestrian use of the corridor. Any accessway shall be legally described pri 6 issuance of the coastal development permit. 5. Vertical Accessways identified in the Mello I1 Segment of Carlsbad's I 7 Coastal Program. a. Vacant parcel adjacent to Army/Navy Academy at Del Mar Street a b. South Carlsbad State Beach at intersection of Carlsbad Boulevar( 9 Palomar Airport Road. c. Vacant parcel at Ocean Street." 10 "21.204.070 Special Access Requirements For Developments Or New Development Sites Containing Evidence Of Historic Public Use. public use on a development site located in the coastal zone, development shall be required to all of the following requirements: 11 If the certified Local Coastal Program or the permit process produces evidence of hi: 12 13 A. Siting and Design of Development: or diminish the potential public rights based on historic public use. Mechanisms for guaranti l4 1. Development shall be sited and designed in a manner which does not intc 15 2. Development may be sited in the area of potential historic public use pro1 16 that an area of equivalent public access has been provided in the immediate vicinity oj development site which will accommodate the same type and intensity of use as previously l7 have existed on the development site. An equivalent access area shall provide access of compa 18 site, and type of use. Mechanisms for guaranteeing the continued public use of the area sha required in accordance with Section 21.204.080. prescriptive rights. In permits with possible prescriptive rights, the following language sha. 2o added to the access condition: 21 "Nothing in this condition shall be construed to constitute a waiver of any sort determination on any issue of prescriptive rights which may exist on the parcel itself or OY 22 designated easement. 'I In addition, findings shall be made which specifically address prescriptive rights issue. 23 C. The Certified Local Coastal Program indicates evidence of historic use on pa 24 located seaward of Carlsbad Boulevard adjacent to Buena Vista Lagoon. Other areas may als subject to such use." 25 26 A. Legal Instruments Required. 27 28 in the condition of approval. the continued public use of the site shall be required in accordance with Section 21.204.080; or 19 €3. An access condition shall not serve to extinguish, adjudicate or waive pot< "21.204.080 Mechanism For Guaranteeing Public Access. Prior to the issuance of a permit for development in the coastal zone between the public road and the sea, each applicant shall record one of the following legal documents as spec Ij 39 a e 1 1. Irrevocable Offer to Dedicate. Prior to issuance of a development perm: landowner shall submit a preliminary title report and shall record an irrevocable offer to dedic: 2 3 easement or fee interest free of prior liens and encumbrances except tax liens in the public acce: as described in the permit condition. This offer can be accepted by an appropriate agency whicl or may not be the local government within 21 years. 6 interest is appropriate, or there is an accepting agency available to accept the easement ( 5 of itself for access needs, the size and scope of the proposed development is such that an ou Subdivision Map approvals), a grant of an easement or fee is required prior to issuance of the pe 3. Deed Restrictions. Deed restrictions do not grant any interest in 7 proposed for public access and the landowner retains all responsibility for the maintenance ( accessway. Deed restrictions are appropriate in limited situations, e.~., in a large resid 8 development where the accessways will mostly be used by residents and a homeowners assoc: 9 is available to maintain the accessway or in commercial facilities. Deed restrictions arc appropriate for small parcels or for accessways that will require public maintenance. required to fiullish an ALTA title report and all necessary subordination agreements. Title insu 1 1 may also be required where extensive easements are being granted. The amount of insurance 12 be estimated on the basis of what it would cost to acquire an equivalent access or recreationa elsewhere in the vicinity. 13 C. Procedure copies of the recorded document, title report, and permit shall be fowi to the California Coastal Commission within 10 days after submission of the recorded documel l4 preparation of the coastal access inventory as required by Section 30530 of the Coastal Act. 15 accepting agency or Commission staff may make minor revisions to the documents (SUC corrections in the legal descriptions, minor revisions to the location and use of the accesswq 16 order to open the area up for public use) to assure that the public right-of-access along dry s beaches, bluff top parcels, or the vertical accessways is protected and capable of I ' 7 implemented." 4 2. Outright Grant of Fee Interest or Easement. If the parcel is important il 10 B. Title Information: As a condition to the issuance of the permit, the applicant shl 18 19 20 21 22 23 24 25 26 27 28 .... "21.204.090 Site Plans Required. Applications for site plan review shall be accompanied by such data and information as be required by the Planning Director including maps, plans, drawings, sketches and documc material as is necessary to show: A. Boundaries and Topography - Boundaries and existing topography of the prop location of bluff line and beach, and adjoining or nearby streets; B. Existing Structures - Location and height of all existing buildings and struct existing trees and the proposed disposition or use thereof; C. Proposed Structures - Location, height, and proposed use of all proposed struct including walls, fences and freestanding signs, and location and extent of individual building sitr D. Circulation - Location and dimensions of ingress and egress and egress PC interior roads and driveways, parking areas, and pedestrian walkways; E. Drainage - Location and treatment of important drainageways, including undergrc drainage systems; F. Finished Topography - Proposed grading and removal of placement of na materials, including finished topography of the site; and 40 a 0 1 G. Landscaping - Proposed landscaping plan including location of game c swimming pools and other landscape or activity features." 2 3 4 7 6 consistent with the intent and purpose of the Coastal Shoreline Development Overlay Zone. 5 Planning Director for conformance with the following criteria: 9 to the degree feasible any ocean views as may be visible from the nearest public street. 8 environment. features of the site will be retained and incorporated into the proposed development. with the proposed development are planned and will be executed so as to blend with the exi Public Access - The policies of the Local Coastal Program pertaining to public a "21.204.100 Site Plan Review Criteria. The site plans required by Section 21.204.090 shall be reviewed and evaluated b. A. Coastal Development Regulations - All elements of the proposed developmer B. Appearance - Buildings and structures will be so located on the site as to cre generally attractive appearance and be agreeably related to surrounding development and the n: C. Ocean Views - Buildings, structures, and landscaping will be so located as $0 pre D. Retention of Natural Features - Insofar as is feasible, natural topography and s 10 E. Grading and Earth-moving - Any grading or earth-moving operations in conne 1 1 12 terrain both on and adjacent to the site. 13 15 A. Geotechnical reports shall be submitted to the Planning Director as part c 14 application for plan approval. Geotechnical reports shall be prepared and signed by a profess civil engineer with expertise in soils and foundation engineering, & a certified enginel 16 geologist or a registered geologist with a background in engineering applications. The rl document shall consist of a single report, or separate but coordinated reports. The document SI 17 be based on an onsite inspection in addition to a review of the general character of the area a 18 shall contain a certification that the development as proposed will have no adverse effect 01 stability of the bluff and will not endanger life or property, and professional opinions statin; 1 g following: 1. The area covered in the report is sufficient to demonstrate the geotech 20 hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at the sitt 21 2. The extent of potential damage that might be incurred by the develop] during all foreseeable normal and unusual conditions, including ground saturation and sha 22 caused by the maximum credible earthquake; 23 B. As a minimum the geotechnical report(s) shall consider, describe and analyzt 24 1. Cliff geometry and site topography, extending the surveying work beyon1 25 site as needed to depict unusual geomorphic conditions that might affect the site. 2. Historic, current and foreseeable cliff erosion including investigatio~ 26 recorded land surveys and tax assessment records in addition to the use of historic maps 27 photographs where available and possible changes in shore configuration and sand transport. 28 characteristics and structural features, such as bedding, joints and faults. have been carried out." "21.204.1 10 Geotechnical Reports. 3. The effect the project could have on the stability of the bluff. following: 3. Geologic conditions, including soil, sediment and rock types 41 0 e 1 activity. 2 4. Evidence of past or potential landslide conditions, the implications of conditions for the proposed development, and the potential effects of the development on lanc 3 5. Impact of construction activity on the stability of the site and adjacent are 6. Ground and surface water conditions and variations, including hydrc 4 changes caused by the development (i.e., introduction of sewage effluent and irrigation water 1 ground water system, alterations in surface drainage). minimized erosion problems during and after construction (i.e., landscaping and drainage desigr! 5 7. Potential erodibility of site and mitigating measures to be used to e: 6 8. Effects of marine erosion on seacliffs. 7 9. Potential effects of earthquakes including: a. ground shaking cause maximum credible earthquake, b. ground failure due to liquefaction, lurching, settlement and slj 8 9 and c. surface rupture. 10. Any other factors that might affect slope stability. 11. The potential for flooding due to sea surface super elevation (wind and 10 surge, low barometric pressure and astronomical tide), wave run-up, tsunami and river flows. potential should be related to one hundred and dive hundred year recurrence intervals. 12 dams, reservoirs, mudflows or slides occurring off the property and caused by forces or acti. beyond the control of the applicant. 13 during all foreseeable normal and unusual conditions, including ground saturation and sh; 13. The extent of potential damage that might be incurred by the develop 1 4 caused by the maximum credible earthquake. 15 16 The report shall also express a professional opinion as to whether the project c; designed or located so that it will neither be subject to nor contribute to significant gea l7 instability throughout the lifespan of the project. The report shall use a currently accer 18 engineering stability analysis method, shall describe the degree of uncertainty of analytical re due to assumptions and unknowns, and at a minimum, shall cover an area from the toe of the 19 inland to a line described on the bluff top by the intersection of a plane inclined at a 20 degree i from horizontal passing through the toe of the bluff or 50 feet inland from the bluff edge, whid 2o is greater. The degree of analysis required shall be appropriate to the degree of potential 21 presented by the site and the proposed project. If the report does not conclude that the project c: designed and the site be found to be geologically stable, no coastal shoreline development p~ 22 shall be issued." 23 "21.204.120 Waiver Of Public Liability. 24 As part of the Coastal Development Permit for a coastal shoreline development, following requirement shall be completed: 25 That prior to the transmittal of the Coastal Development Permit, the applicant shall subn the Planning Director a deed restriction for recording, free of prior liens except for tax liens, 26 binds the applicant and any successors in interest. The form and content of the deed restriction 27 be subject to the review and approval of the Planning Director. The deed restriction shall provi that the applicants understand that the site may be subject to extraordinary hazard from waves dl 28 storms, from erosion, and from landslides, and the applicants assume the liability from 1 11 12. A description of any hazards to the development caused by possible failc 14. The effect the project could have on the stability of the bluff. 15. Mitigating measures and alternative solutions for any potential impact. !! 42 e e 1 hazards; b. the applicants unconditionally waive any claim of liability on the part of the Calij understand that construction in the face of these probable hazards may make them ineligib 2 Coastal Commission or the City of Carlsbad for any damage from such hazards; and c. the appl- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 public disaster funds or loans for repair, replacement, or rehabilitation of the property in the evc storms and landslides." Chapter 2 1.205 COASTAL RESOURCE OVERLAY ZONE MELLO I LCP SEGMENT Sections: 2 1,205.0 10 Intent and Purpose 21.205.020 Authority - Conflict 21.205.030 Permits - Required 2 1.205.040 Maximum Density of Development 21.205.050 Mitigation 2 1.205.060 Erosion, Sedimentation, Drainage 21.205.070 Buffer "2 1.205 .O 10 Intent And Purpose. This zone supplements the underlying zone with additional resource protection PO required to implement the Land Use Plan pursuant to the California Coastal Act codified in Se 30000 et seq. of the Public Resources Code (all citations refer to that code). Property located i~ zone is located in the watershed of Batiquitos Lagoon identified by the California Departme Fish and Game as a unique, wetland habitat. Sections 30231, 30240(b) and 30253 require tht developments adjacent to such areas be sited and designed to be compatible with the unique hak In addition, Section 30242 of the Coastal Act require measures to be taken to protect conti agricultural uses in the coastal zone. Property located in this zone is also located adjace: agricultural areas. The City finds that the additional requirements of this zone are necessary in ( to implement the additional requirements of the Coastal Act enumerated above. Only with requirements on private developments in the watershed can the City assure permanent protectic natural resources located in its portion of the coastal zone." "21.205.020 Authoritv - Conflict. This chapter is adopted to implement the California Coastal Act. In the case of any cor between this zone and the underlying zone, the provisions of this zone shall apply. Further if the any conflict between this zone and any other provision of the City Code, the provisions of this shall apply." 23 27 "21.205.040 Maximum Density Of Development. 26 the procedural requirements for coastal development permits of Chapter 65 2 1.20 1 .'I 25 24 "21.205.030 Permits - Required. The maximum density of development shall be 7 units per gross acre. The underlying : shall be either Planned Community P-C Chapter 21.38 or RD-M, Residential Density-Multiple z 28 Chapter 21.24, in effect on September 30, 1980. The parking requirements of Uses Gener Developments, including but not limited to, land divisions, as defined in Chapter 21.04 require a coastal development permit. Such permits are subject to the requirements of this zonc ll 43 * e 1 2 Chapter 2 1.44, shall also apply. No subsequent amendments of the underlying zones apply j 3 "21.205.050 Mitigation. All recommended mitigation suggested by the certified final EIR shall be incorporate( 4 part of the project and shall be required as a condition of approval of the coastal develop 5 6 "2 1.205.060 Erosion Sedimentation, Drainage. Subject to the modifications, additions, or exceptions detailed below, as a part of the p 7 application, the applicant shall submit an erosion, sedimentation and drainage report prepared qualified professional which includes the requirements of the Model Erosion Control Ordi~ 8 reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, all requirements ( 9 Master Drainage Plan, and the additional requirements specifically enumerated herein. The 1980 Master Drainage Plan and its appendices are herein incorporated by this reference. 10 subsequent amendments are a part of this zone unless certified by the Coastal Commission. general provisions, procedures, standards, content of plans and implementation contained therei 1 1 required conditions of development in addition to the provisions below. Approved develop 12 shall include the following conditions, in addition to the requirements specified above: 13 improvements recommended in the Drainage Plan) shall be constructed prior to the issuance grading permit onsite. Improvements shall be inspected by City staff and certified as adequate a 1 4 compliance with the requirements of the Drainage Plan and the additional requirements of this . 15 If the City declines to accept maintenance responsibility for the improvements, the developer maintain the improvements during construction of the onsite improvements. 16 B. If the offsite or onsite improvements are not to be accepted and maintained public agency, detailed maintenance agreements including provisions for financing the mainter l7 through bonding or other acceptable means shall be secured prior to issuance of the pen 18 Maintenance shall be addressed in the report required to be submitted with the permit applicai The report shall discuss maintenance costs and such costs shall be certified as a best effc 19 obtaining accurate figures. C. Construction of offsite drainage improvements may use an assessment district os 2o other acceptable manner. Such mechanisms shall be secured by bonding or other acceptable m 2, prior to issuance of a coastal development permit. D. If a public agency agrees to accept maintenance responsibilities, it shall inspec 22 facilities prior to onsite construction or grading and indicate if such facilities assure conti maintenance. No onsite development may take place prior to acceptance of the drai 23 improvements. 24 E. All construction activities shall be planned so that grading will occur in units tha be easily completed within the summer construction season. All grading operations shall be lir 25 from April 1 through October 1 of each year. All areas disturbed by grading shall be planted \.I 60 days of the initial disturbance and prior to October 1 with temporary or permanent (in the ca: 26 finished slopes) erosion control methods. The use of temporary erosion control measures, su( 27 berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be uti in conjunction with plantings to minimize soil loss from the construction site. Said planting sha 28 accomplished under the supervision of a licensed landscape architect, and shall consist of seec coastal zone unless certified by the Coastal Commission." permit." A. All offsite, downstream improvements (including debris basin and any 44 a e 1 mulching, fertilization and irrigation adequate to provide 90% coverage within 90 days. Pla all disturbed soils including stockpiles. this requirement shall be a condition of the permit." 2 shall be repeated if the required level of coverage is not established. This requirement shall apl 3 4 5 6 7 8 "21.205.070 Buffer. A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete 1 wall a minimum of 6 feet in height, shall be provided between residential development agricultural areas to the north and east. As a partial alternative, utilization of natural topogr; separations such as trees, chaparral, and existing slopes is encouraged, to the extent that separations can be incorporated into site planning and would accomplish adequate attenuatic noise and dust. Permanent maintenance through a homeowners association or other accep means shall be provided as a condition of development." 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 45