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HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49621 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. 4962 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO AMEND TITLE 21, SECTION 21.203.040 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCES CASE NAME: KELLY RANCH CASE NO: ZCA 00-06 WHEREAS, The Kelly Land Company, “Developer and Owner,” has filed a verified application with the City of Carlsbad regarding property described as A portion of Lot “I” of Ranch0 Agua Hedionda and a portion of Lot “F” of Ranch0 Agua Hedionda, all in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 823, filed in the office of the County Recorder of San Diego on November 16,1896. (“the Property”); and WHEREAS, the California Coastal Commission approved Local Coastal Program Amendment LCPA 97-09 with modifications on July 11,200O; and WHEREAS, this Zone Code Amendment is required by the California Coastal Commission’s action and the subsequent adoption of LCPA 97-09(A) by the City of Carlsbad; and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “ZCA 00-06” dated, May 2, 2001, and attached hereto KELLY RANCH ZCA 00-06; and WHEREAS, the Planning Commission did on the 2nd day of May, 2001, hold a duly noticed public hearing as prescribed by law to consider said request; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to the Zone Code Amendment; and 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 Planning Commission as follows: 4 That the foregoing recitations ate true and correct. B) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of KELLY RANCH ZCA 00-06, based on the following findings: Findinus: 1. That the proposed Zone Code Amendment ZCA 00-06 is consistent with the General Plan and the Local Coastal Program in that it strengthens coastal resource protection. 2. That the proposed ZCA reflects sound principles of good planning in that the amended language promotes a balance between preservation of the natural environment and development and is consistent with the intent and purpose of the Coastal Act. Condition: 1. ZCA 00-06 shall become effective upon concurrence by the California Coastal Commission with the Executive Director’s report of acceptance of the suggested modifications for Carlsbad LCPA 2-99D [reference Carlsbad LCPA 97-09(A)] as submitted by the City of Carlsbad. PC RESO NO. 4962 -2- 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 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 2nd day of May, 2001, by the following vote, to wit: AYES: Chairperson Segall, Commissioners Baker, Compas, Heineman, L’Heureux, Nielsen, and Trigas NOES: ABSENT: ABSTAIN: /- sJiLi& CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 4962 -3- 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 Exhibit “ZCA - 00-06” May 2,200l ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, SECTION 21.203.040 OF THE CARLSBAD MUNICIPAL CODE TO MODIFY REGULATIONS RELATING TO COASTAL RESOURCE PROTECTION. CASE NAME: KELLY RANCH CASE NO.: ZCA 00-06 The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 21.12.040(A) of the Carlsbad Municipal Code is amended to read as follows: A. Preservation of Steep Slopes and Vegetation Any development proposal that affects steep slopes (25% inclination or greater) shall be required to prepare a slope map and analysis for the affected slopes. The slope mapping and analysis shall be prepared during CEQA environmental review on a project-by- project basis and shall be required as a condition of a coastal development permit. SECTION II: That Section 21.12.040(A)(l) of the Carlsbad Municipal Code is amended to read as follows: 1. Outside the Kelly Ranch property, for those slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: a. Slopes of 25% grade and over shall be preserved in their natural state, unless the application of this policy would preclude any reasonable use of the property, in which case an encroachment not to exceed 10% of the steep slope area over 25% grade may be permitted. For existing legal parcels, with all or nearly all of their area in slope area over 25% grade, encroachment may be permitted; however, any such encroachment shall be limited so that at no time is more than 20% of the entire parcel (including areas under 25% slope) permitted to be disturbed from its natural state. This policy shall not apply to the construction of roads of the City’s Circulation Element or the development of utility systems. Uses of slopes over 25% may be made in order to provide access to flatter areas if there is no less environmentally damaging alternative available. b. No further subdivisions of land or utilization of Planned Unit Developments shall occur on lots that have their total area in excess of 25% slope unless a Planned Unit Development is proposed which limits grading and development to not more than 10% of the total site area. c. Slopes and areas remaining undisturbed as a result of the hillside review process, shall be placed in a permanent open space easement as a condition of development approval. The purpose of the open space easement shall be to reduce the 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 potential for localized erosion and slide hazards, to prohibit the removal of native vegetation except for creating tirebreaks and/or planting fire retardant vegetation and to protect visual resources of importance to the entire community. SECTION III: That Section 21.12.040 of the Carlsbad Municipal Code, is amended by the addition of Subsection 2 1.12.040 (A)(2) to read as follows: 2. Within the Kelly Ranch property, for those slopes possessing endangered plant/animal species and/or coastal sage scrub and chaparral plant communities, the following policy language applies: a. Coastal sage scrub and southern maritime chaparral plant communities shall be preserved in their natural state within designated open space areas shown on the LCP Kelly Ranch Open Space Map and addressed in Policy 3-5 of the certified LCP land use plan. b. The open space shown on the Kelly Ranch Open Space Map shall be secured through conservation easements or dedicated in fee at the time of subdivision approval. The easements shall be granted to the City of Carlsbad or other public entity and maintained and managed as part of the LCP Kelly Ranch Open Space system. C. Restoration of disturbed areas within the designated open space through revegetation of disturbed areas and enhancement of existing vegetation with native upland species shall be required, in consultation with the Department of Fish and Game, as a condition-of subdivision approval. The restoration and enhancement plan shall include a maintenance and monitoring component to assure long-term productivity of the habitat value. d. Upon dedication of a conservation easement or in fee dedication, or upon recordation of offers to dedicate the Kelly Ranch Open Space to the City of Carlsbad or other public entity, development of steep slopes over 25% grade may occur in areas outside the designated open space. Such encroachment shall be approved by the Department of Fish and Game and the U.S. Fish and Wildlife Service as consistent with the State and Federal Endangered Species Act. Dedication will assure preservation of a viable upland habitat corridor and scenic hillsides. e. Roads in Open Space: Access roads shall be a permitted use within designated open space subject to an approved coastal development permit, only when necessary to access flatter areas and when designed to be the least environmentally damaging feasible alternative. Wildlife corridors shall be required when necessary to facilitate wildlife movement through the open space area. f. Siting/Parking. Due to severe site constraints, innovative siting and design criteria (including shared use of driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved surface area. Dwelling units shall be clustered in the relatively flat portions of the site. -2- 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 g. Brush Management: A tire suppression plan shall be required for all residential development adjacent to designated open space subject to approval by the City of Carlsbad Fire Department. The tire suppression plan shall incorporate a combination of building materials, sufficient structural setbacks from native vegetation and selective thinning designed to assure safety from fire hazard, protection of native habitat, and landscape screening of the residential structures. No portions of brush management Zones 1 and 2 as defined in the City of Carlsbad Landscape Manual shall occur in designated open space areas. Zone 3 may be permitted within designated open space upon written approval of the Fire Department and only when native tire retardant planting is permitted to replace high and moderate fuel species required to be removed. SECTION IV: That Section 21.83.040 of the Carlsbad Municipal Code is amended by renumbering Subsection 21.203.040 (2) to be 21.203.040 (3). SECTION V: That Section 21.203.040(B)(4)(e) of the Carlsbad Municipal Code is amended to read as follows: e. All construction activities shall be planned so that grading will occur in units that can be easily completed within the summer construction season. All grading operations shall be limited to April 1 to October 1 of each year All areas disturbed by grading shall be planted within 60 days of initial disturbance and prior to October 1 with temporary or permanent (in the case of finished slopes) erosion control methods. The October 1 grading season deadline may be extended with the approval of the City Engineer subject to implementation by October 1 of erosion control measures designed to prohibit discharge of sediments off-site during and after the grading operation is completed. Extensions beyond November 15 may be allowed in areas of very low risk of impact to sensitive coastal resources and may be approved either as part of the original coastal development permit or as a formal amendment to an existing coastal development permit. Exception. If any of the responsible Resource Agencies prohibit grading operations during the summer grading period in order to protect endangered or rare species or sensitive environmental resources, then grading activities may be allowed during the winter by a coastal development permit or permit amendment. SECTION VI: That Section 21.203.040(B)(4)(j) of the Carlsbad Municipal Code is amended to read as follows: i All new development, substantial rehabilitation, redevelopment or related activity, shall be designed and conducted in compliance with all applicable local ordinances including Chapter 15.12 of the Carlsbad Municipal Code Stormwater Management and Discharge Control Ordinance, the Standard Specifications for Public Works Construction when performing public work, and applicable provisions -3- 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 21 28 of the NPDES General Permit for Storm Water Discharges Associated with Construction Activity issued by the State Water Resources Control Board (State Board Order No. 92.08-DWQ), and any subsequent amendments, and the San Diego NPDES Municipal Storm Water Permit issued to San Diego County and Cities by the California Regional Water Quality Control Board (Regional Board Order No. 9042) and any amendment, revision or re-issuance thereof. In addition the following shall apply to development within Kelly Ranch: New development and significant redevelopment of private and publicly-owned properties, must incorporate design elements and/or Best Management Practices (BMPs) which will effectively prevent runoff contamination, and minimize runoff volume from the site in the developed condition. to the greatest extent feasible. At a minimum, the following specific requirements shall be applied to development of type and/or intensity listed below: Residential Development Development plans for, or which include residential housing development with greater than 10 housing units shall include a drainage and polluted runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced by each and every storm event up to and including the 85” percentile 24-Hour storm and/or the maximum flow rate of runoff produced by the 85” percentile hourly rainfall intensity, prior to conveying runoff in excess of this standard to the storm water conveyance system, as required by California Regional Water Quality Control Board, San Diego Region, Order No. 2001-01, or any update thereof. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: i. Maximize the percentage of permeable surfaces and green space to allow more percolation of runoff into the ground and /or design site with the capacity to convey or store peak runoff from a storm and release it at a slow rate so as to minimize the peak discharge into storm drains or receiving water bodies; ii. Use porous materials for or near walkways and driveways where feasible; 111. Incorporate design elements which will serve to reduce directly connected impervious area where feasible. Options include the use of alternative design features such as concrete grid driveways, and/or pavers for walkways. iv. Runoff from driveways, streets and other impervious surfaces shall be collected and directed through a system of vegetated and/or gravel filter strips or other media devices, where feasible. Selected filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminates through infiltration and/or biological uptake. The drainage system shall also be -4- 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 designed to convey and discharge runoff from the building site in a non-erosive manner. V. Selected BMPs shall be engineered and constructed in accordance with the design specifications and guidance contained in the California Stormwater Best Management Practices Handbook (Municipal). vi. The plan must include provisions for regular inspection and maintenance of structural BMPs, for the life of the project. Parking Lots Development plans for, or which include parking lots greater than 5,000 sq. ft. in size and/or with 25 or more parking spaces, susceptible to stormwater, shall incorporate BMPs effective at removing or mitigating potential pollutants of concern such as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the developed site, prior to such runoff entering the stormwater conveyance system, or any receiving water body. Options to meet this requirement include the use of vegetative filter strips or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a combination thereof. Selected BMPs shall be designed to collectively infiltrate, filter or treat the volume of runoff produced by each and every storm event up to and including the 85”’ percentile 24-Hour storm and/or the maximum flow rate of runoff produced by the 85” percentile hourly rainfall intensity. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management Handbooks Handbooks (Commercial and Industrial). All Development A public education program shall be designed to raise the level of awareness of water quality issues around the lagoon including such elements as catch basin stenciling and public awareness signs. A landscape management plan shall be created that includes herbicide/pesticide management. Such measures shall be incorporated into project design through a water quality/urban runoff control plan and monitoring program to ensure the discharge from all proposed outlets is consistent with local and regional standards. Such measures shall be required as a condition of coastal development permit approval at the subdivision stage SECTION VII: That Section 21.203.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.203.040 (G) to read as follows: -5- 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G. Within the Kelly Ranch. scenic public views from Interstate 5, Cannon Road and Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures: 1. Landscaping and Setbacks: Use of trees or fire retardant vegetation with substantial height as a landscape screen and/or setbacks from the ridgelines and open space areas; 2. Building Colors: Exterior wall and roof colors shall be of low intensity earth or vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible natural building materials shall be preferred. Roof colors shall be low intensity colors which blend with the environmental setting of the project; 3. Residential Building Height: Maximum height limits and variation in roof heights shall be utilized, as necessary, to minimize visibility of structures from scenic public roadways, public vista points and public trails, SECTION VIII: That Section 21.203.040 of the Carlsbad Municipal Code is amended by the addition of Subsection 21.203.040 (H) to read as follows: H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be compatible with the surrounding native vegetation and preserved open space by incorporation of the following measures: 1. 2. 3. 4. All residential development shall be required to identify and implement a landscaping plan that provides for installation of plant species that are native or non-invasive and drought tolerant to the maximum extent feasible. Ornamental (non-invasive) vegetation shall be permitted in the interior of residential subdivisions only; Approved landscaping shall be installed immediately upon completion of construction and maintained by the property owners in good growing condition for the life of the development; Landscape screening of structures, including specimen trees and fire retardant vegetation of substantial height, shall be required to screen and soften the view of structures from I-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points; The landscape treatment shall cause the development to blend in with the natural setting and present a visually cohesive appearance as viewed from Agua Hedionda Lagoon, Cannon Road and Interstate 5 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be -6- published at least once in a newspaper of general circulation within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of ,200 1, and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the day of ,2001, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SE&) -7.