HomeMy WebLinkAbout2002-01-02; Planning Commission; Resolution 51311
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PLANNING COMMISSION RESOLUTION NO. 5131
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AMENDMENTS TO FIVE SEGMENTS OF
~LU%?;iti VItliG: RE;;~~~~ME$?&~
AND CHAPTERS 15.12, 15.16, 21.203 AND 21.205 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW
STORMWATER PROTECTION REQUIREMENTS OF THE
SAN DIEGO REGIONAL WATER QUALITY CONTROL
BOARD SAN DIEGO MUNICIPAL STORMWATER PERMIT
ORDER NO. 2001-01.
CASE NAME: NPDES STORMWATER UPDATE
CASE NO: LCPA 01-15
WHEREAS, on February 21, 2001 the California Regional Water Quality
Control Board issued a National Pollution Discharge Elimination System (NPDES) permit
(Order No. 2001-01) to San Diego County, the Port of San Diego and 18 cities (including
Carlsbad) which mandates the implementation of new/revised stormwater protection
policies, procedures, requirements, standards and ordinances to reduce discharges of
pollutants and runoff flow resulting from existing and new development, consistent with
this order by February 21,2002; and
WHEREAS, compliance with this order necessitates amendments to
Carlsbad’s Local Coastal Program; and
WHEREAS, these amendments will take the form of: 1) land use plan
changes (grading, drainage and erosion control policy revisions) to the Mello I, Mello II,
Agua Hedionda, East Batiquitos Lagoon/Hunt Properties and West Batiquitos
Lagoon/Sammis Properties segments of its Local Coastal Program (LCP), 2) amendments
to Carlsbad’s Municipal Code Chapters 15.12 (Storm Water Management and Discharge
Control) and 15.16 (Grading and Erosion Control) and 3) amendments to Carlsbad’s
Zoning Ordinance Chapters 21.203 (Coastal Resource Protection Overlay Zone) and
21.205 (Coastal Resource Overlay Zone Mello I LCP Segment); and
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WHEREAS, the Municipal Code/Zoning Ordinance are the implementing
ordinances for the City’s Local Coastal Program; and
WHEREAS, California State law requires that the Local Coastal Program, and
the Municipal Code/Zoning Ordinance be in conformance and therefore amendments to
the implementing ordinance also require an amendment to the Local Coastal Program to
ensure consistency between the two documents; and
WHEREAS, a verified application for an amendment to the Local Coastal
Program has been filed with the Planning Department; and
WHEREAS, said verified application constitutes a request for a Local Coastal
Program Amendment as shown on Exhibit “Y” attached to Resolution No. 5130, dated
January 2, 2002 and “YY” dated January 2, 2002, attached hereto, as provided in Public
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
14 of the California Code of Regulations of the California Coastal Commission Administrative
Regulations; 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 Local Coastal Program Amendment.
WHEREAS, State Coastal Guidelines requires a six week public review period
for any amendment to the Local Coastal Program.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad, as follows:
A) That the foregoing recitations are true and correct.
PC RESO NO. 5131 -2-
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B) At the end of the State mandated six week review period, starting on December 6,
2001 and ending on January 18, 2002, staff shall present to the City Council a
summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission RECOMMENDS APPROVAL of NPDES STORMWATER UPDATE -
LCPA 01-15 based on the following findings:
Findinps:
1.
2.
3.
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That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with,.the policies of Chapter 3 of the Coastal Act and all applicable policies
of the Mello I, Mello II, Agua Hedionda, East Batiquitos and West Batiquitos
segments of the Carlsbad Local Coastal Program, in that the proposed coastal zone
grading, drainage and erosion control revisions will establish comparable and/or
more restrictive water quality protection standards and policies than currently exist
in the City’s Local Coastal Program.
The proposed Local Coastal Program Amendment will not impact coastal resources in
that the proposed grading, drainage and erosion control standards will require the
enhanced protection of all riparian, wetland and aquatic resources located in the
Coastal Zone.
That the proposed amendment to Carlsbad’s Local Coastal Program is required to maintain consistency between the City’s Zoning Ordinance, Municipal Code and its
Local Coastal Program.
PC RESO NO. 5131 -3-
PASSED, APPROVED AND ADOPTED at a regular meeting to 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
SEENA TRIGAS, Chai&rson
CARLSBAD PLANNING COMMISSION
ATTEST:
Planning Director
1 PC RESONO. 5131 -4-
Land Use - Mello I Chapter II-I
Exhibit VI”’
January 2,2002
II-1 Mello I Segment - Land Use Policies
(AB 462)
Certified 9/80
(Now PRC 30170)
Amended 1 O/85
1. Standard Pacific
Policv 3 - Drainage, Erosion Control
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, Standard Urban
Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program
(JURMP), Master Drainage Plan, the San Diego County Hydrology Manual and the
additional requirements contained herein. An:+h
. . 1 Such mitigation shall become an element of the project
and shall be installed prior to the initial grading. f Mitigation shall also require
construction of all improvements shown in the Master Drainage Plan and amendments thereto
between the project site and the lagoon (including the debris basin), rwtktkn of grading . . . J revegetation of all graded areas immediately
after grading, and mechanism for permanent maktenance 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 allots costs among the various
landowners in an equitable manner.
2. Occidental Land Inc.
Policv 2 - Drainage, Erosion Control
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 the additional . . requirements contained herein. k of ,,,,,,,.,lu
t Such mitigation shall become an element of the project . . and shall be installed prior to initial grading. Ac Mitigation shall also require
construction of all improvements shown in the Master Drainage Plan and amendments thereto . . between the project site and the lagoon, ,,,c,‘,,:,,
Land Use - Mello I Chapter II-I
v, revegetation of all graded areas immediately after grading, and a mechanism
for permanent maintenance if the City declines to accept responsibility. The offsite drainage improvements shall be reimbursable to Occidental by use of assessment districts, development
agreements or other appropriate means acceptable to the City.
3. Ranch0 La Costa (Hunt Property)
Policy 3 - Drainage and Erosion Control
(6) A
w. 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 1
3 with the additions and
changes adopted herein, such that a natural drainage system is generally preserved for the
eastern undeveloped watersheds, but that storm drains are allowed for those western
portions of the watershed which have already been incrementally developed.
(7) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance with the
following additional criteria:
. 63 s
(a b) Detailed maintenance arrangements and various alternatives for providing the
ongoing repair and maintenance of any approved drainage and erosion control
facilities.
(b e) All permanent runoff and erosion control devices shall be developed and installed
prior to or concurrent with any onsite grading activities.
. . . . (cd) v
(d e) All areas disturbed by grading, but not completed during the construction period,
including graded pads, shall be planted and stabilized prior to October 1st with
temporary or permanent (in the case of finished slopes) erosion control measures
and native vegetation. 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 landscaped architect and shall consist of seeding, mulching, fertilization
Land Use - Mello I Chapter II-I
and irrigation adequate to provide 90 percent coverage within 90 days. Planting
shall be repeated, if the required level of coverage is not established. This
requirement shall apply to all disturbed soils, including stockpiles.
4. FINDINGS
The Commission hereby finds and declares as follows:
(2) Environmentally Sensitive Habitat
To protect Batiquitos Lagoon from increased sedimentation as a result of urbanization,
PRC Toups recommended conformance to the &a# Carlsbad Master Drainage Plan and
restriction of construction on slopes in excess of 25%. The Carlsbad Master Drainage Plan
proposes phased incremental construction of underground sewers along all of the drainage
courses in the Mello I Bill LCP area. The Master Drainage Plan also proposes a new
grading ordinance that provides controls over urban runoff, but does not contain any restrictions upon grading season.
(3) Hazard Areas
The Mello Bill LCP indicates that geographical hazards can be grouped into two basic
categories:
00 Landslides, slope instability, and soil erosion problems
Seismic hazards
Section 30253 of the Coastal Act indicates that new development shall “minimize
risks to life and property in areas of high geologic, flood, and fire hazard”...and “assure stability and structural integrity, and neither create nor contribute
significantly to erosion, geologic instability, or destruction of the site or
surrounding area.. . ‘I.
In the technical background report on hazards, prepared by PRC Toups
Corporation, landslide prone areas have been generally identified. None are within
the Mello Bill LCP. However, much of the Mello Bill LCP contains properties
designated as “accelerated erosion prone areas” which drain into Batiquitos
Lagoon. Much of the Mello Bill LCP properties are designated by the U.S. Department of Agriculture Soil Conservation Service as having a high erosion
hazard. Because of this, and the fact that Batiquitos Lagoon is an environmentally
sensitive habitat area, the Commission finds that the additional erosion control
policies are necessary. These policies require that 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, SUSMP, JURMP, Master
Drainage Plan, the San Diego County Hydrology Manual and the following
additional requirements:
l
l
a control increased runoff
Land Use - Meilo I Chapter II-1
l maintain drainage and erosion control facilities a plant and stabilize graded areas
l be concentrated on the flatter portions of the site
Land Use -Implementation Chapter III
II-2 MELLO II
POLICY 3-4 GRADING AND LANDSCAPING REOUIREMENTS
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, Standard Urban
Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program
(JURMP), Master Drainage Plan, the San Diego County Hydrology Manual and the
following additional requirements: 3nak&kn k tkc rzc
. . 6) s .
(a b) All graded areas shall be landscaped prior to October 1st of each year with either
temporary or permanent landscaping materials, to reduce erosion potential. Such
landscaping shall be maintained and replanted if not well-established by December 1st
following the initial planting.
POLICY 3-5 KELLY POINTMACARIO CANYON AREA
(4 Drainage and Erosion Control
(6) 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, SUSMP,
JURMP, Master Drainage Plan and the San Diego County Hydrology Manual.
POLICY 4-l COASTAL EROSION
(4 Develonment Alone Shoreline
For all new development along the shoreline, including additions to existing
development, a site-specific geologic investigation and analysis similar to that required by
the Coastal Commission’s Geologic Stability and Bluff top Guidelines shall be required;
for permitted development, this report must demonstrate bluff stability for 75 years, or the
expected lifetime of the structure, whichever is greater. Additionally, permitted
development shall incorporate, where feasible, sub-drainage systems to remove
groundwater from the bluffs, and shall use drought-resistant vegetation in landscaping.
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, SUSMP, JURMP, Master
Drainage Plan and the San Diego County Hydrology Manual. ,,,,.,11
cL, A
waiver of public liability shall be required for any permitted development for which an
assurance of structural stability cannot be provided.
Land Use - Implementation Chapter III
POLICY 4-3 ACCELERATED SOIL EROSION
(a) Areas West of I-5 and the Existing Paseo de1 Norte and Along El Camino Real Unstream
of Existing Storm Drains
For areas west of the existing Paseo de1 Norte, west of Interstate 5 and along El Camino Real
immediately upstream of the existing storm drains, the following policy shall apply:
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 and the San Diego County Hydrology Manual. v
grading. A+,,:,:,.., Mitigation shall require construction of all improvements shown in
the Master Drainage Plan and amendments thereto for the area between the project site and the . . Lagoon (including the debris basin), as well as: 1
a; 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 allots costs among the various landowners in an equitable
manner.
(b) All Other Areas
This policy applies to all other areas except those subject to Policies 3-5 and 4-3 A above.
(3) 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, SUSMP,
JURMP, Master Drainage Plan, the San Diego County Hydrology Manual and the
following additional requirements.
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
(4) Soil erosion control practices shall be used against “onsite” soil erosion. All
development must include mitigation measures for the control of erosion and
Land Use - Implementation Chapter III
sedimentation in accordance with the requirements of the City’s Grading
Ordinance, SUSMP, JURMP, Master Drainage Plan and the San Diego County
Hydrology Manual. 1
POLICY 4-6 “SEDIMENT CONTROL” PRACTICES
Apply “sediment control” practices as a perimeter protection to prevent off-site drainage. All
development must include mitigation measures for the control of erosion and sedimentation
in accordance with the requirements of the City’s Grading Ordinance, SUSMP, JURMP,
Master Drainage Plan and the San Diego County Hydrology Manual. v
Land Use - Implementation Chapter III
11-3. WEST BATIQUITOS LAGOON/SAMMIS
PROPERTIES LAND USE
Background: Local Coastal Program Amendment West Batiquitos Lagoon
Segment
c. GRADING AND EROSION CONTROL
Because the area is located close to environmentally sensitive habitats, 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, Standard Urban Storm Water Mitigation
Plan (SUSMP), Jurisdictional Urban Runoff Management Program (JURMP), Master
Drainage Plan, the San Diego County Hydrology Manual and the following additional
requirements x:
1.
&
2 3.
3 4.
4 3.
5 6.
Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream
drainage facilities or to produce erosive velocities and appropriate measures shall be taken
on and/or off the site to prevent the siltation of the Batiquitos Lagoon and other
environmentally sensitive areas.
All graded areas shall be hydroseeded prior to October 1st with either temporary or
permanent materials. Landscaping shall be maintained and replanted if not established by December 1st.
Grading plans shall indicate staking or fencing of open space areas during construction and
shall specifically prohibit running or parking earth-moving equipment, stockpiling or
earthwork material, or other disturbances within the open space areas.
Any necessary temporary or permanent erosion control devices required for the
development of a specific planning area, such as desilting basins, shall be developed and
installed prior to any on, or off, site grading activities within the specific planning area
requiring the mitigation, or, concurrent with the grading, provided all devices required for
that planning area are installed and operating prior to October lst, and installation is
assured through bonding or other acceptable means.
The developer must provide for the long-term maintenance of drainage improvements and
erosion control devices.
Land Use - ImDlementation Chapter III
11-4. East Batiquitos Lagoon / Hunt Properties
B. Land Use Policies
4. Grading and Erosion Control
(1) Batiquitos Lagoon is the primary coastal resource within the subject area and warrants
stringent controls on upstream development activities. Downstream impacts of possible
erosion and sedimentation due to development must be limited to insignificant levels.
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,
Standard Urban Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban
Runoff Management Program (JURMP), Master Drainage Plan, the San Diego
County Hydrology Manual and the following additional requirements
(3) Under the Master Plan requirements, any development shall conform to the following
additional standards:
(9 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,
SUSMP, JURMP, Master Drainage Plan, the San Diego County Hydrology
Manual and the following additional requirements. A
(g) Mitigation measures tailored to project impacts and consistent with the control of
cumulative development shall be implemented prior to development in accordance
with the following additional criteria:
1 2) Detailed maintenance arrangements and various alternatives for providing
the ongoing repair and maintenance of any approved drainage and erosion
control facilities.
2 3) All permanent runoff and erosion control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
. . . . . . . 34) hll
Land Use - Implementation Chapter III
4 5) All areas disturbed by grading, but not completed during the construction
period, including graded pads, shall be planted and stabilized prior to
October 1st with temporary or permanent (in the case of finished slopes)
erosion control measures and native vegetation. 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
plantings shall be accomplished under the supervision of a licensed
landscape architect and shall consist of seeding, mulching, fertilization, and
irrigation adequate to provide 90% coverage within 90 days. Planning shall
be repeated, if the required level of coverage is not established. This requirement shall apply to all disturbed soils, including stockpiles,
Land Use - Implementation Chapter III
Agua Hedionda Land Use Plan
44 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, Standard Urban
Storm Water Mitigation Plan (SUSMP), Jurisdictional Urban Runoff Management Program
(JURMP), Master Drainage Plan, the San Diego County Hydrology Manual. w
4.2 Additionally, grading permits in the plan area shall include the following mitigation measures: