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HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51301 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. 5130 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING ADOPTION OF A ZONE CODE AMENDMENT AMENDING VARIOUS SECTIONS OF CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORMWATER PROTECTION REQUIRE- ENTS OF THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL STORM- WATER ORDER NO. 2001-01. CASE NAME: NPDES STORM WATER UPDATE CASE NO: ZCA 01-08 WHEREAS, the Planning Director, “Developer,” has filed a verified application with the City of Carlsbad regarding property described as citywide (“the Property”); and WHEREAS, the proposed amendment is set forth in the draft City Council Ordinance, Exhibit “Y” dated, January 2, 2002, attached hereto NPDES STORMWATER UPDATE - ZCA 01-08; and WHEREAS, the Planning Commission did on the 2nd day of January, 2002, 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 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission as follows: 4 That the foregoing recitations are true and correct. W That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of NPDES STORMWATER UPDATE - ZCA 01-08, based on the following findings: Findings: 1. That the proposed Zone Code Amendment, NPDES STORMWATER UPDATE ZCA 01-08, directly implements goals, objectives and revised policies of the General Plan related to water quality and watershed protection. 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 2. That the proposed ZCA reflects sound principles of good planning in that the proposed water quality and water shed protection provisions, which require all development to include adequate mitigation measures to control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation, in accordance with the requirements of the City’s Grading Ordinance, Stormwater Ordinance, Standard Stormwater Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program (JURMP), Master Drainage Plan and the San Diego County Hydrology Manual, will result in the improvement in water quality throughout the San Diego area. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Carlsbad, held on the 2nd day of January 2002, by the following vote, to wit: AYES: Chairperson Trigas, Commissioners Compas, Dominguez, Heineman, Nielsen, and Segall NOES: None ABSENT: Commissioner Baker ABSTAIN: None u-am t SEENA TRIGAS, Chairpersoe) CARLSBAD PLANNING COMMISSION ATTEST: Planning Director PC RESO NO. 5130 -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 EXHIBIT “r” JANUARY 2,2002 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORM- WATER PROTECTION REQUIREMENTS OF THE SAN DIEGO REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO MUNICIPAL STORMWATER ORDER NO. 2001-01. CASE NAME: NPDES STORMWATER UPDATE CASE NO.: ZCA 01-08 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is 1 amended by the amendment of Section 21.203.040(B)(3) to read as follows: 3. Areas West of l-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and along El Camino Real immediately upstream of the existing storm drains, the following policy shall apply: a. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Stormwater Ordinance, SUSMP, JURMP, Master Drainage Plan and the San Diego County Hydrology Manual and any amendments to them. Such mitigation shall become an element of the project, and shall be installed prior to the initial grading. Mitigation shall require construction of all improvements shown in the master drainage plan and any amendments to them for the area between the project site and the lagoon (including the debris basin), as well as revegetation of graded areas immediately after grading; and a mechanism for permanent maintenance if the city declines to accept the responsibility. Construction of drainage improvements may be through formation of an assessment district, or through any similar arrangement that allocates costs among the various landowners in an equitable manner. SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is amended by the amendment of Section 21.203.040(B)(4) to read as follows: 4. All Other Areas in the Coastal Zone. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion 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 sedimentation in accordance with the requirements of the City’s Grading Ordinance, Stormwater Ordinance, SUSMP, JURMP, Master Drainage Plan, the San Diego County Hydrology Manual and amendments to them and the additional requirements enumerated in this Code Section. Mitigation shall also require construction of all improvements shown in the master drainage plan and amendments to it. No subsequent amendments are a part of this zone unless certified by the Coastal Commission. The general provisions, procedures, standards, content of plans and implementation contained with them are required conditions of development in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirements specified above: a. All offsite, downstream improvements (including debris basin and any other improvements recommended in the drainage plan) shall be constructed prior to the issuance of a grading permit onsite. Improvements shall be inspected by city or county staff and certified as adequate and in compliance with the requirements of the drainage plan and the additional requirements of this zone. If the city or county declines to accept maintenance responsibility for the improvements, the developer shall maintain the improvements during construction of the onsite improvements. b. If the offsite or onsite improvements are not to be accepted and maintained by a public agency, detailed maintenance agreements including provisions for financing the maintenance through bonding or other acceptable means shall be secured prior to issuance of the permit. Maintenance shall be addressed in the report required to be submitted with the permit application. The report shall discuss maintenance costs and such costs shall be certified as a best effort at obtaining accurate figures. c. Construction of offsite grading improvements may use an assessment district or any other acceptable manner of financing. Such mechanisms shall be secured by bonding or other acceptable means prior to issuance of a coastal development permit. d. If a public agency agrees to accept maintenance responsibilities, it shall inspect the facilities prior to onsite construction or grading and indicate if such facilities assure -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 continued maintenance. No onsite development may take place prior to acceptance of the drainage improvements. e.. All areas disturbed by grading shall be planted within sixty days of initial disturbance and prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control methods. f. Storm drainage facilities in developed areas shall be improved and enlarged according to the Carlsbad master drainage plan, incorporating the changes specified in this Section. Improvement districts shall be formed for presently undeveloped areas which are expected to urbanize in the future. The improvement districts shall implement the master drainage plan. Upstream areas in the coastal zone shall not be permitted to develop incrementally prior to installation of the storm drain facilities downstream, in order to assure protection of coastal resources. New drainage facilities, required within the improvement districts shall be financed either by some form of bond or from fees collected from developers on a cost-per-acre basis. g. When earth changes are required and natural vegetation is removed, the area and duration of exposure shall be kept at a minimum. h. Soil erosion control practices shall be used against “onsite” soil erosion. These include keeping soil covered with temporary or permanent vegetation or with mulch materials, special grading procedures, diversion structures to divert surface runoff from exposed soils, and grade stabilization structures to control surface water. i. Apply “sediment control’* practices as a perimeter protection to prevent offsite drainage. Preventing sediment from leaving the site should be accomplished by such methods as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion is, of course, the most efficient way to control sediment runoff. j. 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 -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 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 ten housing units shall include a drainage and pollution runoff control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of runoff produced from each and every storm event up to and including the eighty-fifth percentile twenty-four hour runoff event, prior to conveying runoff in excess of this standard to the stormwater conveyance system. The plan shall be reviewed and approved by the consulting soils engineer or engineering geologist to ensure the plan is in conformance with their recommendations. The plan shall be designed in consideration of the following criteria, and approved prior to issuance of a coastal development permit: 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 wnvey 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; iii. 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 designed to convey and discharge runoff from the building site in a nonerosive manner. -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 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. Parkina Lots. Development plans for, or which include parking lots greater than five thousand square feet in size and/or with twenty-five 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 of these. 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 eighty-fifth percentile twenty-four-hour runoff event. BMPs shall be engineered and constructed in accordance with the guidance and specifications provided in the California Stormwater Best Management 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. C. Landslides and Slope Instability. Developments within five hundred feet of areas identified generally in the PRC Toups report, Figure 8, as containing soils of the La Jolla group -5- 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 (susceptible to accelerated erosion) or landslide prone areas shall be required to submit additional geologic reports containing the additional information required in the coastal shoreline development overlay zone. D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific investigations done addressing the liquefaction problem and suggesting mitigation measures. New residential development in excess of four units, commercial, industrial, and public facilities shall have site-specific geologic investigations completed in known potential liquefaction areas. E. Floodplain Development. Within the coastal zone, in the one hundred-year floodplain, no new or expanded permanent structures or fill shall be permitted. Only uses compatible with periodic flooding shall be allowed. F. Reserved. 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. 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: -6- 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 1. All residential development shall be required to identify and implement a landscaping plan that provides for installation of plant species that are native or noninvasive and drought tolerant to the maximum extent feasible. Ornamental (noninvasive) vegetation shall be permitted in the interior of residential subdivisions only; 2. 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; 3. 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 l-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points; 4. 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. SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is amended by the amendment of section 21.205.060 to read as follows: 21.205.060 Erosion sedimentation, drainage. All development must include mitigation measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of the City’s Grading Ordinance, Storm Water Ordinance, SUSMP, JURMP, Master Drainage Plan, the San Diego County Hydrology Manual and amendments to them and the additional requirements enumerated in this Section. Mitigation shall also require construction of all improvements shown in the master drainage plan and amendments to it. No subsequent amendments are a part of this zone unless certified by the Coastal Commission. The general provisions, procedures, standards, content of plans and implementation contained in them are required conditions of development in addition to the provisions below. Approved development shall include the following conditions, in addition to the requirements specified above: -7- 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 A. All offsite, downstream improvements (including debris basin and any other improvements recommended in the drainage plan) shall be constructed prior to the issuance of a grading permit onsite. Improvements shall be inspected by city staff and certified as adequate and in compliance with the requirements of the drainage plan and the additional requirements of this zone. If the city declines to accept maintenance responsibility for the improvements, the developer shall maintain the improvements during construction of the onsite improvements. B. If the offsite or onsite improvements are not to be accepted and maintained by a public agency, detailed maintenance agreements including provisions for financing the maintenance through bonding or other acceptable means shall be secured prior to issuance of the permit. Maintenance shall be addressed in the report required to be submitted with the permit application. The report shall discuss maintenance costs and such costs shall be certified as a best effort at obtaining accurate figures. C. Construction of offsite drainage improvements may use an assessment district or any other acceptable manner. Such mechanisms shall be secured by bonding or other acceptable means prior to issuance of a coastal development permit. D. If a public agency agrees to accept maintenance responsibilities, it shall inspect the facilities prior to onsite construction or grading and indicate if such facilities assure continued maintenance. No onsite development may take place prior to acceptance of the drainage improvements. E. All areas disturbed by grading shall be planted within sixty days of the initial disturbance and prior to October 1st with temporary or permanent (in the case of finished slopes) erosion control methods. The use of temporary erosion control measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the construction site. Said planting shall be accomplished under the supervision of a licensed landscape architect, and shall consist of seeding, mulching, fertilization and irrigation adequate to provide ninety percent coverage within ninety days. Planting shall be repeated if the required level of coverage is not -8- 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 established. This requirement shall apply to all disturbed soils including stockpiles. This requirement shall be a condition of the permit. 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 published at least once in a publication of general circulation in the City of Carlsbad within fifteen days after its adoption. (Not wifhsfanding the preceding, fhis ordinance shall not be effective within the City’s Coastal Zone until approved by the California Coastal Commission.) INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of 2002, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the of day 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -9-