HomeMy WebLinkAbout2001-05-02; Planning Commission; Resolution 49621
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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
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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-
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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-
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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
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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.
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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
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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
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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:
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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
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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&)
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