HomeMy WebLinkAbout2003-01-22; Planning Commission; Resolution 53611
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PLANNING COMMISSION RESOLUTION NO. 5361
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO THE CARLSBAD
LOCAL COASTAL PROGRAM (LCP) TO AMEND TEXT
WITHIN THE MELLO 11, MELLO I AND AGUA HEDIONDA
SEGMENTS OF THE LCP DOCUMENT TO REVISE AND TO
ADD HABITAT PROTECTION AND CONSERVATION
MEASURES TO PROPERTIES LOCATED WITHIN THE
BOUNDARIES OF THE COASTAL ZONE
CASE NAME: HABITAT MANAGEMENT PLAN
CASE NO: LCPA 02- 10
WHEREAS, the City of Carlsbad, has filed a verified application for an
amendment to the Local Coastal Program to incorporate habitat conservation standards
affecting properties located in the City’s Coastal Zone; and
WHEREAS, the proposed Local Coastal Program amendment affects three LCP
segments as set forth in Exhibits “A” (Mello I1 segment), “B” (Mello I segment), and “C”
(Agua Hedionda segment) attached hereto and made a part hereof; and
WHEREAS, said application constitutes a request for a Local Coastal Program
Amendment 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 22nd day of January, 2003,
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.
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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.
B) At the end of the State mandated six week review period, starting on December 5,
2002, and ending on January 10, 2003, staff shall present to the Planning
Commission a summary of the comments received.
C) That based on the evidence presented at the public hearing, the Commission
LCPA 02-10 based on the following findings and subject to the following
condition:
RECOMMENDS APPROVAL of HABITAT MANAGEMENT PLAN -
Findinm:
1. That the proposed Local Coastal Program Amendment contains habitat protection
standards and conservation measures which are necessary to protect coastal
resources, sensitive habitat, and endangered species which is required by the
California Coastal Act.
2. That the proposed Local Coastal 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 11, Mello I and Agua Hedionda segments of the Carlsbad Local
Coastal Program not being amended by this amendment
3. That the proposed amendment to the Mello 11, Mello I and Agua Hedionda
segments of the Local Coastal Program is required to maintain consistency between
the proposed Habitat Management Plan and the Coastal Plan regarding the
protection of sensitive habitat in the Coastal Zone.
Condition:
1. The Local Coastal Program Amendment shall become effective upon the fmal
approval of the HMP and Incidental Take Permit by the U.S. Fish and Wildlife
Service.
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PC RES0 NO. 5361 -2-
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PASSED, APPROVED AND ADOPTED at a regular meeting to the Planning
Commission of the City of Carlsbad, held on the 22nd day of January, 2003, by the following
vote, to wit:
AYES: Chairperson Baker, Commissioners Whitton, Dominguez,
Heineman and Segall
NOES: Commissioner White
ABSENT:
ABSTAIN:
rn R, Chairperson ce PLANNING COMMISSION
ATTEST:
MICHAEL J. H~ZMIIYER
Planning Director
PC RES0 NO. 5361 -3-
LCPA 02-10 - Exhibit A
MELLO I1 SEGMENT REVISIONS
3. PROTECTION OF SENSITIVE NATIVE VEGETATION AREAS
POLICY 3-1 CARLSBAD HABITAT MANAGEMENT PLAN (€IMP)
Certain areas of Carlsbad coastal zone have very high habitat value. These areas are not suitable for
farming. These areas exhibit a large number and diversity of both plant and animal species, several of
which are threatened because of extensive conversion of mixed Chaparral and Coastal Sage Scrub habitats
to urban or agricultural uses. Also, well-established and well-maintained vegetation is a major deterrent
to soil erosion and attendant difficulties.
The Carlsbad Habitat Management Plan (HMP) is a comprehensive, citvwide proaram to identifi how
the city, in cooperation with federal and state agencies. can preserve the diversity of habitat and protect
sensitive biological resources within the city and the Coastal zone.
The HMP has been prepared as part of the San Diego County Multiple Habitat Conservation Program
fMHCP). The MHCP will establish a coordinated habitat preserve svstem to protect listed species and
rare native vegetation while accommodating regional development needs. The HMP provides a
comprehensive plan for creation and management of proposed preserve areas in the coastal zone, along
with appropriate criteria for development requirements and delineation of develot3ment/preservation
boundaries. The creation of an effective habitat preserve requires a careful balancing of acquisition,
preservation and mitigation requirements, as well as enforceable monitoring, remediation. and an
adequatelv funded maintenance propam for the preserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It states, in
part, "(e)nvironmentallv sensitive habitat areas shall be protected against any significant disruption of
habitat values ... Environmentally sensitive habitat area (ESHA) is defined in Section 30107.5 of the
Coastal Act as "anv area in which plant or animal life or their habitats are either rare or especiallv
valuable because of their special nature or role in an ecosystem and which could be easilv disturbed or
degraded bv human activities and developments."
The regional nature of the habitat preservation effort sets the MHCP and HMP apart fiom other plans
affecting ESHA. where the noncomprehensive nature of the plans and lack of regional resource protection
standards require more stringent limitations to coastal ESHA impacts for individual sites. The clusterinx
and concentration of development away fiom sensitive areas that will result from the proposed standards
contained in the HMP and identified in the policies below will provide a larger, more contiguous preserve
area than if development on the same properties were to be approved on a lot-by-lot basis.
3-1. I Habitat Management Plan
The document titled "Habitat Management - Plan for Natural Communities in the Citv of
Carlsbad, December 1999 with Two Addenda" (hereafter referred to as HMP) is
incorporated herein by reference. The Second Addendum dated December, 2002 contains
additional conservation standards and habitat protection policies that apply within the
Coastal Zone. The HMP has been developed so as to implement and be consistent with all
other provisions of this LCP. as amended. Anv changes to the HMP that affect
development within the coastal zone (including, but not limited to, changes to mitigation
requirements) shall be certified by the Coastal Commission as LCP amendments prior to
becoming effective.
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3-1.2 Environmentallv Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act. environmentallv sensitive habitat
areas, as defined in Section 30107.5 of the Coastal Act, shall be protected against anv
significant disruption of habitat values, and onlv uses dependent on those resources shall
be allowed within those areas.
3-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of particular importance to the ecosystems of the Coastal
Zone, due in part to the presence of the Coastal California gnatcatcher (Federal
Threatened) and other species. Properties containing Coastal Sage Scrub shall conserve a
minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite,
Conservation of gnatcatchers - shall be determined in consultation with the wildlife
agencies.
3-1.4 Oak Woodland
Oak woodland is a closed to relativelv open stand of trees within which a dominant tree
species is a species of Oak. In coastal southern California, that species is generallv Coast
Live oak (Ouercus agrifolia). which is commonlv found on slopes and riparian situations.
Shrubs vary from occasional to common, and the herb laver is often continuous and
dominated bv a varietv of annual grasses.
3-1.5 Streams
A stream is a toooaraphical feature with a clear bed and bank that veriodicallv conveys
water.
3-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topon-aphic features that convey water,
but onlv during and shortly after rainfall events in a tvvical vear.
3-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14. Calzfornia
Code of Realations Section 135776). 'wetland' means lands within the coastal zone
which may be covered periodicallv or permanentlv with shallow water and include
saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps,
mudflats, and fens. Wetland shall include land where the water table is at, near, or above
the land surface long enough to promote the formation of hydric soils or to support the
growth of hydrophytes, and shall also include those qpes of wetlands where vegetation is
lacking and soil is poorlv developed or absent as a result of freouent and drastic
fluctuations of surface water levels, wave action, water flow. turbidity or high
concentrations of salts or other substances in the substrate. A preponderance of hydric
soils or a preponderance of wetland indicator species shall be considered presumptive
evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in
Section I35 77 of the California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no impacts to wetlands shall
be allowed except as-follows:
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a. The diking, filling, or dredging of oven coastal waters. wetlands, estuaries, and lakes
shall be vermitted in accordance with other avvlicable vrovisions of this division,
where there is no feasible less environmentallv damaaing alternative. and where
feasible mitigation measures have been vrovided to minimize adverse environmental
gffects, and shall be limited to the following:
(I) New or exvanded vort, enern, and coastal-devendent industrial facilities,
including commercial fishing facilities.
(2) Maintaining existing. or restoring vreviouslv dredged, devths in existing
navigational channels, turning basins, vessel berthing and mooring areas, and
boat launching ramvs.
(3) In wetland areas onlv, entrance channels for new or exvanded boating
facilities: and in a deavaded wetland. identified bv the Devartment of Fish and
Game vursuant to subdivision (6) of Section 3041 I, for boating facilities if: in
conjunction with such boating facilities, a substantial vortion of the degraded
wetland is restored and maintained as a biologically vroductive wetland. The
size of the wetland area used for boating facilities, including berthing svace.
turning basins. necessaw navigation chann.els, and any necessay suvvort
service facilities, shall not exceed 25 vercent of the degraded wetland.
(4) In oven coastal waters. other than wetlands. including streams, estuaries, and
lakes, new or exvanded boating facilities and the vlacement of structural
pilings for vublic recreational viers that provide vublic access and recreational
ovvortunities.
(5) Incidental vublic service vurvoses. including but not limited to, burying cables
and Dives or insvection of viers and maintenance of existing intakes and outfall
lines. -
(6) Mineral extraction, including sand for restoring beaches, excevt in
environmentaflv sensitive arias.
(7) Restoration vurvoses.
(8) Nature studv, aquaculture, or similar resource devendent activities.
b. Dredging and svoils disvosal shall be vlanned and carried out to avoid significant
disruvtion to marine and wildlife habitats and water circulation. Dredge spoils
suitable for beach replenishment should be transported for such vurposes to
avvrovriate beaches or into suitable long shore current svstems.
c. In addition to the other vrovisions of this section. diking, filling, or dredging in existing
estuaries and wetlands shall maintain or enhance the functional cavacitv of the wetland
or estuaw. Anv lagoon alterations shall be limited to very minor incidental vublic
facilities, restorative measures, and nature studv, if otherwise in accordance with this
division.
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d. Erosion control and _flood ,control _facilities constructed on watercourses can impede
the movement of sediment and nutrients which would otherwise be carried bv storm
runoff into coastal waters. To-facilitate the continued delivery of these sediments to the
littoral zone. whenever _feasible. the material removed -from these _facilities may be
placed at appropriate points on the shoreline in accordance with other applicable
provision of this division, where feasible mitigation measures have been provided to
minimize adverse environmental effects. Aspects that shall be considered before
issuing a coastal development permit for such purposes are the method of placement,
time of year of placement, and sensitivitv of the placement area.
3-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policy 3-1.7. mitigation shall be
provided at a ratio of 3:l for riparian impacts and 4:l for saltwater or freshwater wetland
or marsh impacts.
3-1.9 No Net Loss ofHabitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern
Maritime Chaparral, Southern Mixed Chaparral, Native Grassland, and Oak Woodland
within the Coastal Zone of Carlsbad. Mitigation-for impacts to anv of these habitat types,
when permitted, shall incrude a creation component that achieves the no net loss standard.
Substantial restoration of highlv degraded areas (where effective functions, of the habitat
tvpe have been lost) mav be substituted for creation subject to the consultation and
concurrence of the US. Fish and Wildlife Service and the California Department of Fish
and Game (wildlife agencies). The Coastal Commission shall be notified and provided an
opportunitv to comment upon proposed substitutions of substantial restoration for the
required creation component. Development shall be consistent with Policv 3-1.2 of this
section. unless proposed impacts are specifically identified in the HMP: these impacts
shall be located to minimize impacts to Coastal Sage Scrub ,and maximize protection of the
Coastal Cali_fornia gnatcatcher and its habitat.
3-1.10 Upland Habitat Mitigation Requirements
mere impacts to the habitats stated in 3-1.9 are allowed, mitigation shall be provided as
follows:
a. vt
of creation of the habitat tvpe being impacted (or substantial restoration where
allowed) at a ratio of at least 1 :I as provided in the HMP.
b. Onsite preservation is not eligible-for mitigation credit in the coastal zone. Onsite or
off-site open space preserve areas may be utilized to satisfi, required mitigation -for
habitat impacts associated with development if the preserve areas are disturbed and
suitable for restoration or enhancement, or they are devoid of habitat value and
therefore suitable for the I:I mitigation component requiring creation or substantial
restoration of new habitat. Substantial restoration is restoration that has the effect of
qualitativelv changing habitat tvpe and mav meet the creation requirement if it restores
habitat tvpe that was historically present. but has suffered habitat conversion or such
extreme degradation that most of the present dominant species are not part of the
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original vegetation. Substantial restoration contrasts with enhancement activities
which include weeding or planting within' vegetation that retains its historical
character,, and restoration of disturbed areas to increase the value of existing habitat
which mav meet other mitiaation requirements pursuant to the HMP: -
c. Impacts to Coastal Sage Scrub shall be mitigated at an overall ratio of 2:l. with the
d.
e.
J:
€5
h.
i.
creation component satisfiing half of the total obligation. The remainder of the
mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
Impacts to Southern Maritime Chaparral or Maritime Succulent Scrub shall be
mitigated at an overall ratio of 3:1, with the creation component satisfbing one-third of
the total obligation. The remainder of the mitigation obligation shall be satisfied
pursuant to the provisions of the HMP.
Impacts to Southern Mixed Chaparral, Native Grassland, and Oak Woodland shall be
mitigated respectively at ratios of l:I, 3:l. and 3:l with the creation component
satisfiing the obligation or one-third of the total obligation. The remainder of the
mitigation obligation shall be satisfied pursuant to the provisions of the HMP.
Mitigation for impacts within the coastal zone should be provided within the coastal
zone if possible. particularlv the 1:l creation component. in order to have no net loss
of habitat within the coastal zone. Mitigation measures on land outside the Coastal
Zone may be acceptable if such mitigation would clearlv result in higher levels of
habitat protection and value and/or would provide significantlv greater mitigation
ratios, and the mitigation area is part of the HMP. Land area inside and outside the
coastal zone which serves as mitigation for habitat impacts in the coastal zone shall be
permanentlv retired from development potential and secured as part of the HMP
preserve management plan as a condition of development approval,
Habitat mitigation reuuirements other than the creation or substantial restoration
comvonent mav be Dartiallv or whollv fulfilled bv acuuisition of existing like habitat
and/or retirement of development credits on existing like habitat with permanent
preservation as part of the HMP preserve management plan.
All mitigation areas, onsite and offsite. shall be secured with a conservation easement
in favor of the wildlife agencies. In addition, a preserve management plan shall be
prepared for the mitigation areas, to the satisfaction of the Citv, the wildl{fe agencies,
and the Coastal Commission. The preserve management plan shall ensure adeuuate
funding to protect the preserve as open space and to maintain the biological values of
the mitigation areas in perpetuitv. Management provisions and funding shall be in
place prior to anv impacts to habitat. At a minimum, monitoring reports shall be
required as a condition of development approval after the first and third vear of
habitat mitigation efforts. The preserve management plan shall be incorporated into
the Implementation Plan of the LCP through an LCP amendment within one year of
Commission cerfication ofihe HMP as part of the cert2:fied'LCP.
If anv conflict should arise between these Policies of the LCP and the provisions of the
HMP, the LCP shall take precedence.
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3-1. I I Highlv Constrained Proverties
There are vroverties in the Coastal Zone that are entirelv or almost entirelv
constrained bv environmentallv sensitive habitat area (ESHA). In these cases, one of
the-following additional standards shall avvlv: lf more than 80% of the propertv by area is covered with ESHA at least 75% of the
property shall be conserved, OR If the City. with the concurrences of the wildlife agencies and the Coastal Commission
through an LCP amendment, avvroves a Hardline preserve boundary for anv of the
above-described vroverties as part of the HMP, 'then the amount of onsite preservation
as identified in the Hardline boundaw shall avvlv.
3-1. I2 Buffers and Fuel Modification Zones
Buffers shall be vrovided between all preserved habitat areas and develovment.
Minimum buffer widths shall be vrovided as follows:
a. IO0 fi. -for wetlands
b. 50 fi. -for rivarian areas
c. 20 fi. for all other native habitats (coastal sage scrub. southern maritime
chavarral. maritime succulent scrub. southern mixed ,chavarral. native grassland,
oak woodland1
Anv vrovosed reductions in buffer widths for a svecific site shall require sufficient
information to determine that a buffer of lesser width will protect the identified
resources. Such information shall include, but is not limited to, the size and tyve of the
develovment and/or vroposed mitigation (such as vlanting qf vegetation or the
construction of fencing) that will also achieve the purvoses of the buffer. The
California Department of Fish and Game, the US. Fish and Wildlife Service. and the
Coastal Commission staffshall be consulted in such buffer determinations.
No development, grading. or alterations, including clearing of vegetation, shall occur
in the buffer area, excevt for:
a. Modification Zone 3 to a maximum of 20 fi for uvland and non-r@arian habitat.
No fuel modification shall take vlace within 50 fl. of rivarian areas. wetlands. or
oak woodland.
b. For buffer areas 50 fi. or greater in width, recreation trails and vublic vathwavs
within the first 15 -feet of the buffer closest to the develovment. vrovided that
construction of the trail or vathwav and its vrovosed use is consistent with the
preservation goals -for the adjacent habitat. and that avvrovriate measures are
taken for vhvsical sevaration from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaved using, native qlants.
Signane and vhvsical barriers such as walls or fences shall be required to minimize
edge effects of develovment.
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POLICY 3-2 BUENA VISTA LAGOON
Developments located along the first row of lots bordering Buena Vista Lagoon, including the
parcel at the mouth of the lagoon (See Exhibit 4.5, Page 60), shall be designated for residential
development at a density of up to 4 dwelling units per acre. Proposed development in this area
shall be required to submit topographic and vegetation mapping and analysis, as well as soils
reports, as part of the coastal development permit application. Such information shall be provided
as a part of or in addition to any required Environmental Impact Report, and shall be prepared by
qualified professionals and in sufficient detail to enable the City to locate the boundary of wetland
and upland areas and areas of slopes in excess of 25%. Topographic maps shall be submitted at a
scale sufficient to determine the appropriate developable areas, generally not less than a scale of
1” - 100” with a topographic contour interval of 5 feet, and shall include an overlay delineating
the location of the proposed project. Criteria used to identifl any wetlands existing on the site
shall be those of Section 30121 of the Coastal Act and based upon the standards of the Local
Coastal Program mapping regulations, and shall be applied in consultation with the State
Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum setbacks
of at least 100 feet from wetlands shall be required in all development, in order to buffer such
sensitive habitat areas from intrusion unless otherwise permitted pursuant to PoEicv 3-1.12. Such
buffer areas, as well as other open space areas required in permitted development to preserve
habitat areas, shall be permanently preserved for habitat uses through provision of an open space
easement as a condition of project approval.
The density of any permitted development shall be based upon the net developable area of the
parcel, excluding any portion of a parcel which is in wetlands.
Storm drain alignments as proposed in the Carlsbad Master Drainage Plan which would be carried
through or empty into Buena Vista Lagoon shall not be permitted, unle4ss such improvements
comply with the requirements of Sections 30230, 30231, 30233, and 30235 of the Coastal Act by
maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the State
Department of Fish and Game.
Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single
planned unit development permit for the entire original parcel.
POLICY 3-3 BATIOUITOS LAGOON
Erosion drainage and sedimentation of Batiquitos Lagoon were previously addressed, in the
certified Local Coastal Program prepared by the Coastal Commission for the areas subject to
AB462 (Mello I Segment) (See Exhibit 1.1). Development within the area which is the subject of
that plan AB462 (Mello I Segment), and of AB 1971 (Mello Il Segment), shall also be required to
meet those same policies. Much of the Batiquitos Lagoon watershed is designated in this plan for
continued agricultural use which does not require a coastal development permit. When a costal
development permit is required, however, conditions shall be imposed which will assure that the
permitted development will be carried out in a manner that assures protection of the water quality
of the lagoon. Removal of major vegetation, for instance, requires a coastal development permit,
and such permitted activity shall be conditioned to limit the manner, time and location of
vegetation removal so as to minimize soil erosion.
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Development shall be clustered to preserve sensitive habitat areas and maintain the maximum
amount of permanent open space feasible. At a minimum, the following policies shall regulate
development in areas adjacent to the lagoon:
a. A minimum setback of 100 feet from the wetland shall be required, with the wetland area
determined as described in Policy 3-2, Buena Vista Lagoon on Page 38.
b. At least two-thirds (2/3) of any permitted development shall be clustered on the half of the
property furthest away from the lagoon at the base of the bluff.
c. Existing mature trees shall be preserved.
d. An offer to dedicate land for public recreation use, in favor of the City of Carlsbad or State
Coastal Conservancy and irrevocable for a term of 21 years, shall be required as a
condition of development. The required land dedication shall be of a size adequate to
accommodate public use facilities including some picnic tables and public parking, and
shall include a public access trail parallel to the lagoon shore of at least 15 feet in width
with unobstructed views to the lagoon.
e. To facilitate provision of public use area and preservation of environmentally sensitive
lands and to maintain the outstanding visual resources in the area surrounding the lagoon,
and additional density credit of one dwelling unit per acre of developed land shall be
provided for each two and on half percent (2 1/2%) of total lot area, excluding wetlands,
which is maintained in open space and public recreation in excess of fifty percent (50%) of
the total lot area, excluding wetlands.
f. Land divisions shall only be permitted on parcels bordering the lagoon pursuant to a single
planned development permit over the entire original parcel. The base residential density
shall be a maximum of 12 dwelling units per gross acre, excluding wetlands, subject to
increase as provided in Policy 3-3 3) above.
POLICY 3-4 GRADING AND LANDSCAPING REOUIREMENTS
In addition to the requirements of the model grading ordinance in the Carlsbad Master Drainage
Plan, permitted new development shall also comply with the following requirements:
a. Grading activity shall be prohibited during the rainy season: from October 1st to
April 1'' of each year.
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
1 st following the initial planting.
C. The October 1st grading season deadline mav be extended with the approval of the
City Engineer subject to implementation bv October 1st of special erosion control
measures designed to prohibit discharge of sediments offisite during and after the
gradinn operation. Extensions bevond November 15th may be allowed in areas of
very low risk of impact to sensitive coastal resources and may be approved either
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as part of the original coastal development permit or as an amendment to an
existing coastal development permit.
d. [f any of the responsible resource agencies prohibit wading 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. provided that appropriate
best management practices (BMPs) are incorporated to limit potential adverse
impacts from winter grading activities.
POLICY 3-5 KELLY RANCH
a. Maximum Density of Development
(1) Residential densities in the 433-acre Kelly Ranch shall be permitted and based on the
underlying LCP Land Use designation. The residential land use designations shall
represent the maximum density permitted subject to application of requested density
bonuses pursuant to Chapter 21.86 of the Carlsbad Municipal Code and the applicable
resource protection provisions of the certified LCP.
(2) Approximately 2.8 acres located adjacent to and west of Cannon Road, CDP 98-47 are
designated Open Space with an interpretive center of Agua Hedionda Lagoon designated
as an allowable use.
b. Coastal Commission Permit 6-84-6 17 Agriculture
Agricultural preservation policies for the 433-acre Kelly Ranch have been deleted by LCP
amendment of 1-85.
c. Preservation of Steep Slopes, Sensitive Vegetation and Erosion Control
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.
(1) Areas and Slopes Possessing Endangered Species andor Coastal Sage Scrub and Chaparral
Plant communities; for those slopes possessing endangered plantlanimal species andor
Coastal Sage Scrub and Chaparral plant communities, the following policy language would
apply:
a) Costal Sage Scrub and Chaparral plant communities shall be preserved in their
natural state, within designated open space areas shown on the LCP Kelly Ranch
Open Space map.
b) Restoration of the disturbed areas within the delineated open space shall be
required as a condition of subdivision approval and shall be developed in
consultation with the Department of Fish and Game. The disturbed areas shall be
revegetated and existing vegetation enhanced with native species to serve as upland
transitional habitat to low-lying wetlands and environmentally sensitive habitat
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areas north and west of Cannon Road. The restoration and enhancement plan shall
include a maintenance and monitoring component to assure long-term productivity
and continuance of the habitat value.
c) 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.
d) Slopes and habitat areas within the designated open space, shall be placed in a
permanent open space conservation easement or dedicated in fee as a condition of
subdivision approval. The purpose of the open space easement shall be to reduce
the potential for localized erosion and slide hazards, to prohibit the removal of
native vegetation except for creating authorized firebreaks andor planting fire
retardant vegetation and to protect visual resources of importance to the entire
community. The easement shall be granted to the City of Carlsbad to be
maintained and managed as part of the LCP open space system for Kelly Ranch.
(2) Drainage and Runoff Rates: Drainage and runoff shall be controlled so as not to exceed at
any time the rate associated with property in its present state and appropriate measures
shall be taken in and/or offsite to prevent siltation of lagoons and other environmentally
sensitive areas.
(3) Installation Timing of Drainage and Runoff Control Measures: The appropriate measures
shall be installed prior to onsite grading.
d. Brush Management
A fire 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 fire 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
Zone 1 and 2 as defined in the City of Carlsbad Landscape Manual shall occur in designated open
space areas. Zone 3 may be permitted designated open space upon written approval of the Fire
Department and only when native fire retardant planting is permitte4d to replace high and
moderate fuel species required to be removed.
e. Sittinearking
Due to severe site constraints, innovative sitting and design criteria (including shared use of
driveways, clustering, tandem parking, pole construction) shall be incorporated to minimize paved
surface are. Dwelling units shall be clustered in the relatively flat portions of the site.
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f. Road 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.
g. Other Uses in Open Space
The designated open space on Planning Area D may be modified to accommodate daycare
facilities and RV parking which meet the following criteria, subject to an approved coastal
development permit.
h. Water Oualitv
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
works, and applicable provisions 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. 90-42) and any amendment, revision or
re-issuance thereof.
In addition the following shall apply:
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
from each and every storm even up to and including the 85th percentile 24-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:
a) 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;
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b) Use porous materials for or near walkways and driveways where feasible;
c) 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;
d) 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 contaminants
through infiltration and/or biological uptake. The drainage system shall also be
designed to convey and discharge runoff from the building site in a non-erosive
manner.
e) 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).
f) 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 spaces, susceptible to stormwater, shall:
a) 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 from each and every storm even up to and including the 85th percentile
24-hour runoff event. BMPs shall be engineered and constructed in accordance
with the guidance and specifications provided in the California Stormwater Best
Management Practices Handbooks (Commercial and Industrial).
All Developments
a) A public education program 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;
b) A landscape management plan that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water
qualityhrban runoff control plan and monitoring program to ensure the discharge
from all proposed outlets is consistent with local and regional standards. Such
49
measures shall be required as a condition of coastal development permit approval at
the subdivision andor development state, as appropriate.
1.
j.
k.
Vista Points: Public vista points shall be provided at two locations, one in Planning Area J and the
other entirely within Planning Area L or including portions of Planning Area L and the disturbed
high points of adjacent Planning Area D, to provide views of the Pacific Ocean, Agua Hedionda
Lagoon and its environs, and shall be accessible to the public at large. Vista points may be located
in disturbed open space areas subject to approval by the Department of Fish and Game. Support
parking shall be provided and my be located either on street or off-street within close proximity to
the vista point(s). Dedications necessary to provide the vista points and access to the vista points
shall be a condition of coastal development permit approval at the subdivision stage.
Public Trails: A public trails system that links Agua Hedionda Lagoon, the interpretive center, the
street system, open space areas and public vista point(s) shall be provided in consultation with the
California Department of Fish and Game. Trails provided outside of the public right-of-way , as
defined in the Open Space Conservation and Resource Management Plan. Trails shall be installed
concurrent with residential development and are indicated on Exhibit 19 (Conceptual Open Space
& Conservation Map).
Public StreetdGated Communities: The street systems shall provide public access and support
parking for the public trail system and vista points in the residential developments located in
Planning Areas J, K and K of Kelly Ranch. Public access may be provided through public streets,
or private streets with public access easements or deed restriction. Private gated communities
shall not be permitted within those planning areas.
POLICY 3-6 SEAPOINTEENCINAS CREEK
Permitted uses within the wetlands and designated upland buffer of the Ward property (portion of Parcel
#214-010-Ol), shall be limited to access paths in uplands, aquaculture, fencing, nature study projects or
similar resource dependent uses, wetland restoration projects and other improvements necessary to protect
wetlands.
POLICY 3-7 CITY OWNED,LANDS ADJACENT TO MACARIO CANYON AND VETERANS
MEMOFU~L PARK
The City of Carlsbad owns approximatelv 521 acres in and adjacent to Macario Canyon. A municipal
golf course has been proposed -for a portion of the propertv. and a public park is planned _for another
portion. Development of the properh, shall be subject to the _following policies regarding protection of
habitat:
a. The impact and conservation areas-for the Municipal Golf Course are shown as a
Hardline design in the HMP (Figure 8 Revised). and which shall serve as the
standard of review for determining areas in which development may occur in the
future. Areas shown-for conservation shall not be impacted or disturbed except-for
reveatation, restoration and other similar activities related to mitigation. Areas
shown-for impact mav befullv developed with appropriate mitigation.
b. Any impacts to Coastal Sage Scrub shall be mitigated bv on-site creation at a rate
of 2:1 in compliance with the no net loss standard stated in Policv 3-1.2. Onsite
revegetation or restoration mav be done on agricultural. disturbed or non-native
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grassland areas. For imvacts to the Coastal California gnatcatcher. additional
mitigation shall be provided by acquisition and vresewation at a I:I ratio of land
supvorting gnatcatchers. Impacts to dual criteria sloves shall not exceed 10% in
compliance with Policv 4-365).
C. In order to provide a viable north-south wildlife corridor across Macario Canyon,
the area shown on the HMP Hardline mav as “Veterans Memorial Park Wildlife
Corridor” shall be consewed concurrent with anv imvacts to the Macario Canvon
property. No development shall occur within the Wildlife Corridor excevt a
designated trail and rest areas along the trail.
d. Protection and management of all mitigation areas shall be consistent with Policv
3-l.10.fand h.
e. The area shown as “Veterans Memorial Park Develovment Area ” is designated for
public recreational use. rt is the intent of this volicy that the vublic vark area- be
develoved so as to maximize vublic access and vrovide a variety of recreational
ovvortunities. Steer, dove areas shall be planned for more vassive tyve uses with
grading of such areas limited to the amount necessary to allow such uses.
f Seqents of the Citvwide Trail System viewpoints and other opportunities _for public access shall be incorporated into the development areas.
g. In the riparian ,area of Macario Can-von Creek, two crossings shall be allowed, as
shown in the HMP Hardline exhibit. Crossing #I shall utilize the existing-farm
road. Crossing #2 shall utilize a bridge svan structure. No rivarian imvacts shall
occur-for either crossing.
h. The design of rivarian buffers shall be as shown in the HMP. Buffers shall be
landscaved with avprovriate native. non-invasive plants to vrovide a natural
transition between recreational areas and riparian habitat. as well as to
discourage human intrusion into the rivarian area. Avvrovriate signing and
fencing will also be utilized as vrovided in Section 3-1.12.
POLICY 3-8 OTHER PARCELS - SPECIFIC HABITAT PROTECTION STANDARDS
The,_followinn standards are intended to be guidelines for development and habitat preservation. based
upon best available information at the time these standards were vrevared. The standards apply to
parcels vrimarilv in Zones 20 and 21 shown on Exhibit A in the HMP Addendum #2,and that are located
within the biological core and linkage areas designated in the MHCP, and are in addition to the
avvlicable standards contained in Policv 3-1 and the HMP. The standards are intended to direct
develovment to existing disturbed areas to the maximum extent feasible, limit imvacts to native vegetation
and establish viable core and linkage areas as delineated in the HMP. In general. each vrooertv shall be
allowed to develov at least 25% of the site with avvrovriate mitigation as svecified in Policies 3-1.9
through 3-1.12. When individual vroverties are vrovosed for rezoning or development. detailed
biological information will be required to determine whether the vrovosal is consistent with Policy 3-1
and the standards below, based uvon the actual qve, location and condition of onsite resources, and the
avvrovriate locations of develovment and vreservation areas.
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3-8.1 Assessor’s Parcel No. 207-1 00-48 (Aura Circle) Avoid removal of maritime succulent
scrub. Preserve at least 75% of coastal sage scrub. Mitigate habitat impacts by creation
or enhancement of like habitat adjacent to Agua Hedionda Lagoon if possible, as part of
overall mitigation requirements.
3-8.2 Assessor’s Parcel No. 212-120-33 (Hieatt - No impact to vernal pools. Minimize impact to
vernal pool watersheds.
3-8.3 Assessor’s Parcel No. 212-010-3 (Kirais) - Preserve 75% of property with development
clustered immediately adjacent to Kelly Ranch.
3-8.4 Assessor’s Parcel No. 215-070-38 (Fernandez) - Cluster development on disturbed areas
to the maximum extent _feasible. Maximum 10% impact on CSS and SMC -for access
purposes.
3-8.5 Assessor’s Parcel No. 215-040-03 (Muroya) - Cluster development on disturbed areas to
the maximum extent _feasible. Maximum 10% impact on CSS and SMC for access
purposes.
3-8.6 Assessor’s Parcel No. 215-070-13 and 36 (Promenade) - Cluster , development on
disturbed areas. No impacts to native habitat allowed.
3-8.7 Assessor’s Parcel No. 214-1 70-54, 58. 59, 72 ,74, 75, 79. 80. 81. 84. 85
[l%omuson/Tabata) - Cluster development on disturbed areas. No impacts to native
habitat allowed.
3-8.8 Assessor’s Parcel No. 215-080-04 and 22 (Redeemer by the Sea) - Cluster development on
disturbed areas. No impacts to native habitat allowed.
3-8.9 Assessor’s Parcel No. 212-040-50 (Emerald Point) - Development limited to disturbed and
non-native grassland areas. No impacts to native habitat allowed.
3-8.1 0 Assessor’s Parcel No. 215-020-06 (R WSB) - Development limited to disturbed portion of
property adjacent to Cassia Lane. Impacts to SMC habitat limited to construction of
Poinsettia Lane and additional 10% encroachment for onsite access.
3-8. I1 Assessor’s Parcel No. 21 5-020-07 (Maldonado) -, Cluster development southwest of future
Poinsettia Lane extension. No impacts to the coast oak woodland and riparian area except
for Poinsettia Lane extension. Consider wildlife crossing through Poinsettia Lane if
required by wildlife resource agencies. The disturbed area northeast of Poinsettia Lane is
recommended-for offsite mitigation-for other properties in Zone 21.
3-8.12 Assessor’s Parcel No. 215-050-21 (Namikas) - Development shall be limited to a maximum
of 25% of the property, not including Poinsettia Lane construction. and shall be clustered
on the western portion of the property. No impacts to coast oak woodland. riparian areas
or wetlands except for Poinsettia Lane extension.
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3-8.13 Assessor’s Parcel No. 21.5-050-22 (Sudduth) - Development shall be limited to a maximum
of 25% of the property not including Poinsettia Lane construction, and shall be clustered
on the western portion of the property. No impacts to coast oak woodland, riparian areas
or wetlands except- for Poinsettia Lane extension.
3-8.14 Assessor’s Parcel No. 215-050-44. 45. 46, 47 (Kevane) - Development shall be limited to
a maximum of 25% of the property, not including Poinsettia Lane construction and shall
be clustered on the western portion of the ProDerty. No impacts to coast oak woodland,
riparian areas or wetlands except-for Poinsettia Lane extension.
3-8.15 Assessor’s Parcel No. 215-050-12 (Reiter) - Development shall be limited,to a maximum of
25% of the property, not including Poinsettia Lane construction and shall be clustered on
the western portion of the property. No impacts to coast oak woodland, riparian areas or
wetlands except for Poinsettia Lane extension.
3-8.16 Assessor’s Parcel No. 2!5-050-73 (Levatino) - Maximum 25% develovment clustered on
the southern vortion of the property.
The varcel specific standards listed above are adopted because hardline preserve boundary lines
were not established at the time of preparation of the HMP. The purpose of the standards is to
ensure that future development is sited to preserve the maximum amount of ESHA within the
coastal zTt corridor and preserve area in Zones 20 and 21. If
the City, with the concurrence of the wildlife agencies and the Coastal Commission through an
LCP amendment. subseauentlv approves a hardline preserve boundary -for any of the above-
described properties as part of the HMP, then the onsite preservation in,cluded in the hardline
preserve boundaw shall apvlv.
4. GEOLOGIC, FLOODPLAIN AND SHORELINE HAZARD AREAS
POLICY 4-1 COASTAL EROSION
(a) Development Along 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, as
well as adhering to the standards for erosion control contained in the Carlsbad Master Drainage Plan.
A waiver of public liability shall be required for any permitted development for which an assurance of
structural stability cannot be provided.
(b) Beach Sand Erosion
Pursue mitigation measures which address the causes of beach sand erosion; sand dredging and use of
the Longer Tube to reduce wave energy are two such measure which have been suggested. The City
should continue to participate in the Regional Coastal Erosion Committee’s studies of the causes and
cures for shoreline erosion.
53
(4 Shoreline Structures
Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls and other such
construction that alters natural shoreline processes shall be permitted when required to serve coastal-
dependent uses or to protect existing structures or public beaches in danger from erosion, and when
designed to eliminate or mitigate adverse impacts on local shoreline sand supply. As a condition of
coastal development permit approval, permitted shoreline structures may be required to replenish the
beach with imported sand. Provisions for the maintenance of any permitted seawalls shall be included
as a condition of project approval.
Projects which create dredge spoils shall be required to deposit such spoils on the beaches if the
material is suitable for sand replenishment.
(dl Undevelopable Shoreline Features
No development shall be permitted on any sand or rock beach or on the face of any ocean blue with
the exception of access ways to provide public beach access and of limited public recreation facilities.
POLICY 4-2 LANDSLIDES AND SLOPE INSTABILITY
The soils investigations now required as part of the land subdivision process are adequate to identifL
with specific areas of landslide and instability. However, these investigations will need to be
particularly thorough in those areas with La Jolla Group soils which have been identified for potential
future development.
Currently, soils investigations are only required for subdivisions. In future, any development
proposed for areas known to be prone to landslide shall include a geologic investigation identifying
appropriate mitigation measures, and such geologic report shall be substantially as has been required
by the Coastal Commission’s George Stability and Bluff top Develop Guidelines.
POLICY 4-3 ACCELERATED SOIL EROSION
(4 Areas West of 1-5 and the Existing Paseo del Norte and Along El Camino Real Upstream of Existing Storm Drains
For areas west of the existing Paseo del Norte, west of 1-5 and along El Camino Real immediately
upstream of the existing storm drains, the following policy shall apply:
A site-specific report prepared by a qualified professional shall be required for all proposed
development, identifying mitigation measures needed to avoid increased runoff and soil erosion. The
report shall be subject to the requirements of the model erosion control ordinance contained in the
Appendix to the Carlsbad Master Drainage Plane (June, 1980), and to the additional requirements
contained herein. Such mitigation shall become an element of the project, and shall be installed prior
to the initial grading. At a minimum, such mitigation shall require construction of all improvements
shown in the Master Drainage Plan for the area between the project site and the Lagoon (including the
debris basin), as well as: restriction of grading activities to the months of April through September of
each year, 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
54
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 3-7 above.
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. Steep slopes are identified on the PRC Tour
maps. The slope mapping and analysis shall be prepared during the CEQA environmental review on a
project-by-project basis and shall be required as a condition of a coastal development permit.
(1) Slopes Possessing Endangered Species and/or Coastal Sage Scrub and Chaparral Plant-
Communities.
For those slopes mapped as possessing endangered plantlanimal species and/or Coastal
Sage Scrub and Chaparral plant communities, Policies 3-1 and 3-8 and the _following
provisions would applv:
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 on 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 fhrther 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
United 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 potential
for localized erosion and slide hazards to prohibit the removal of native vegetation
except for permitted firebreaks and/or planting other fire retardant native vegetation
and to protect visual resources of importance to the entire community.
d) The percentage of steep slope encroachment listed in (a) and fb) above may be
modified onlv-for development consistent with the approved HMP and the resource
habitat protection policies including Policv 3 above, and auproved as part of the
City’s Incidental Take Permit pursuant to the adopted HMP.
55
(2) All Other Steep Slope Areas
For all other steep slope areas, the City Council may allow exceptions to the above grading
provisions provided the following mandatory findings to allow exceptions are made:
a) A soils investigation conducted by a licensed soils engineer has determined the
subject slope area to be stable and grading and development impacts mitigatable for
at least 75 years, or life of structure.
b) Grading of the slope is essential to the development intent and design.
c) Slope disturbance will not result in substantial damage or alteration to major
wildlife habitat or native vegetation areas and is consistent with the habitat
protection policies contained in Policies 3-1 and 3-8.
d) If the area proposed to be disturbed is predominated by steep slopes and is in
excess of 10 acres, no more than one third of the total steep slope area shall be
subject to major grade changes.
e) If the area proposed to be disturbed is predominated by steep slopes and is less than
10 acres, complete grading may be allowed only if no interruption of significant
wildlife corridors occurs.
f) Because north-facing slopes are generally more prone to stability problems and in
many cases contain more extensive natural vegetation, no grading or removal of
vegetation from these areas will be permitted unless all environmental impacts have
been mitigated. Overriding circumstances are not considered adequate mitigation.
(3) Required Runoff Control Plan
No development shall be permitted except pursuant to submittal of a runoff control plan
prepared by a licensed engineer qualified in hydrology and hydraulics; such approved
plans shall assure that there would be no increase in peak runoff rate from the developed
site over the greatest discharge expected from the existing undeveloped site as a result of a
10-year frequency storm. Runoff control shall be accomplished by a variety of measures,
including, but not limited to, onsite catchment basins, detention basins, siltation traps and
energy dissipators, and shall not be concentrated in one areas.
(4) Required Drainage of Erosion Control Facility Maintenance Arrangements
Development approvals shall include detailed maintenance arrangements for providing the
ongoing repair and maintenance for all approved drainage or erosion-control facilities.
(5) Installation and Timing of Permanent Runoff and Erosion Control Devices
All permanent runoff control and erosion control devices shall be developed and installed
prior to concurrent with any onsite grading activities.
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(6) Required Open Space Easements on Undeveloped Slopes
All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
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PO ILICI 17- PROTECT1
DRAFT
LCPA 02-10 - Exhibit B
MELLO I SEGMENT REVISIONS
ON OF SENSITIVE NATIVE VEGETATION AREAS
The Carlsbad Habitat Management Plan (HMP) is a comprehensive. ciwide urogram to identifi,
how the citv. in cooperation with federal and state agencies. can preserve the diversitv of habitat
and urotect sensitive biological resources within the citv and the Coastal zone.
The HMP has been prepared as uart of the San Diego County Multiple Habitat Conservation
Program (MHCPI. The MHCP will establish a coordinated habitat preserve svstem to protect listed
species and rare native vegetation while accommodating regional development needs. The HMP
provides a comurehensive ulan for creation and management of proposed ureserve areas in the
coastal zone. along with auuropriate criteria for development requirements and delineation of
develoument(ureservation boundaries. The creation of an effective habitat preserve requires a
careful balancing of acuuisition, preservation and mitigation requirements, as well as enforceable
monitoring, remediation and an adequatelv-funded maintenance urogram-for the preserve area.
Section 3024Ota) of the Coastal Act establishes a suecific mandate for resource ureservation. It
states. in uart. “(e)nvironmentallv sensitive habitat areas shall be protected against anv significant
disruution of habitat values ... ” Environmentallv sensitive habitat area (ESHA) is defined in Section
30107.5 of the Coastal Act as “any area in which ulant or animal life or their habitats are either
rare or esueciallv valuable because of their special nature or role in an ecosvstem and which could
be easilv disturbed or degraded bv human activities and developments.
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other
plans affecting ESHA, where the noncomurehensive nature of the plans and lack of regional
resource urotection standards reuuire more stringent limitations to coastal ESHA imuacts for
individual sites. The clustering and concentration of develoument away -from sensitive areas that
will result from the proposed standards contained in the HMP and identified in the policies below
will urovide a larger, more contiguous ureserve area than if development on the same urouerties
were to be approved on a lot-bv-lot basis.
7-1.1 Habitat Management Plan
The document titled “Habitat Management Plan -for Natural Communities in the CiQ of
Carlsbad, December 1999 with Two Addenda” fiereafter referred to as HMP) is
incoporated herein bv reference. The Second Addendum dated December 2002 contains
additional conservation standards and habitat protection policies that auulv within the
Coastal Zone. The HMP has been developed so as to implement and be consistent with all
other provisions of this LCP, as amended. Anv changes to the HMP that affect develoument
within the coastal zone (including, but not limited to, changes to mitigation reuuirements) shall be certified bv the Coastal Commission as LCP amendments prior to becoming
effective.
7-1.2 Environmentallv Sensitive Habitat Areas (ESHA)
Pursuant to Section 30240 of the California Coastal Act, environmentallv sensitive habitat
areas, as defined in Section 30107.5 of the Coastal Act, shall be urotected against anv
14
simificant disruption of habitat values, and onlv uses dependent on those resources shall be
allowed within those areas.
7-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource ofparticular imuortance to the ecosvstems of the Coastal
Zone. due in part to the presence of the Coastal California gnatcatcher (Federal
Threatened) and other species. Properties containing Costal Sage Scrub shall conserve a
minimum 67% of the Coastal Sage Scrub and 75% of the gnatcatchers onsite.
Conservation of gnatcatchers shall be determined in consultation with the wildlife
agencies.
7-1.4 Oak Woodland
An oak woodland is a closed to relativelv ouen stand of trees within which a dominant tree
suecies is a species, of oak. In coastal southern California, that suecies is generallv Coast
Live Oak (Ouercus agrifolia). which is commonlv-found on slopes and riparian situations.
Shrubs varv from occasional to common and the herb laver is often continuous and
dominated bv a varie8 of annual grasses.
7- 1.5 Streams
A stream is a touographical-feature with a clear bed and bank that ueriodicallv convevs
water.
7-1.6 Euhemeral Drainages and Ephemeral Streams
Euhemeral drainages and euhemeral streams are touoarauhic features that convev water,
but onlv during and shortlv after rainfall events in a typical vear.
7-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14, California Code
of Regulations Section 1357763). ‘wetland’ means lands within the coastal zone which mav
be covered ueriodicallv or permanentlv with shallow water and include saltwater marshes,
freshwater marshes, open or closed brackish water marshes. swamps. mudflats and-fens.
Wetland shall include land where the water table is at, near or above the land surface long
enough to promote the -formation of h-vdric soils or to suuport the growth of h-vdrouhvtes
and shall also include those &Res of wetlands where vegetation is lacking and soil is poorlv
developed or absent as a result of frequent and drastic-fluctuations of surface water levels,
wave action, water flow. turbidity or high concentrations of salts or other substances in the
substrate. A preuonderance of hydric soils or a preuondera,nce of wetland indicator
species shall be considered uresumptive evidence of wetland conditions.
Wetlands shall be delineated following the definitions and boundary descriptions in Section
13577 of the California Code of Regulations.
Pursuant to California Public Resources Code Section 30233, no imuacts to wetlands shall
be allowed exceut as provided in that Section.
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7-1.8 Wetland Mitigation Requirements
If impacts to a wetland are allowed consistent with Policv 7-1.7, mitigation shall be
un of 3:1 _for riparian imuacts and 4:1 for saltwater or -freshwater
wetland or marsh imuacts.
7-1.9 No Net Loss of Habitat
There shall be no net loss of Coastal Sage Scrub. Maritime Succulent Scrub, Southern
Maritime Chauarral, Southern Mixed Chauarral. Native Grassland and Oak Woodland
within the Coastal Zone of Carlsbad. Mitigation for impacts to anv of these habitat tvues,
when uermitted, shall include a creation component that achieves the no net loss standard.
Substantial restoration of highlv degraded areas (where effective functions of the habitat
tvue have been lost) mav be substituted for creation subject to the consultation and
concurrence of the US. Fish and Wildlife Service and the California Department of Fish
and Game (wildlife agencies). The Coastal Commission shall be notified and urovided an
ouuortunity to comment upon uroposed substitutions of substantial restoration for the
rewired creation comuonent. Development shall be consistent with Policv 7-1.2 of this section, unless proposed imuacts are specificallv identified in the HMP; these imuacts shall
be located to minimize imuacts to Coastal Saae Scrub and maximize protection of the
Coastal California gnatcatcher and its habitat.
7-1. IO Uuland Habitat Mitigation Requirements
Where impacts to the habitants stated in 7-1.9 are allowed, mitigation shall be urovided as
follows:
a. The no net loss standard shall be satisfied as stated in 7-1.9. Tvpicallv this will consist
of creation of the habitat &ve being impacted (or substantial restoration where allowed)
at a ratio of at least I:I as urovided in the HMP.
b. Onsite ureservation is not eligible _for mitigation credit in the coastal zone except as
provided in subsection E. below.
c. Imuacts to Coastal Saae Scrub shall be mitigated at an overall ratio of 2:l. with the
creation component satisfiting half of the total obligation. The remainder of the
mitigation obligation shall be satisfiedpursuant to the provisions of the HMP.
d. Imuacts to Southern Maritime Chauarral or Maritime Succulent Scrub shall be mitigated
at an overall ratio of 39, with the creation comuonent satisfitina one-third of the total
obliaation. The rem,ainder of the mitigation obligation shall be satisfied pursuant to the
provisions of the HMP.
e. Impacts to Southern Mixed Chaparral, Native Grassland and Oak Woodland shall be
mitigated resuectivelv at ratios of I:I. 2:1 and 3:l. with the creation component
satisfiting the obligation or one-third of the total obliaation. The remainder of the
mitigation obliaation shall be satisfied uursuant to the urovisions of the HMP.
J Mitigation -for impacts within the coastal zone should be urovided within the coastal
zone ifpossible. uarticularlv the I:I creation component. in order to have no net loss of
16
habitat within the coastal zone. Mitigation measures on land outside the Coastal Zone
may be acceptable if such mitigation would clearly result in higher levels of habitat
protection and value and/or would urovide significantly greater mitigation ratios and
the mitigation area is uart of the HMP. Land area inside and outside the coastal zone
which serves as mitigation for habitat im-uacts in the coastal zone shall be uermanentlv
retired from develoument uotential and secured as uart of the HMP preserve
management,plan as a condition of development approval.
p. Onsite of off-site ouen space preserve areas may be utilized to satis@ required
mitigation for habitat impacts associated with development if the preserve areas are
disturbed and suitable for restoration or enhancement, or thev are devoid of habitat
value and therefore suitable for the I:l mitigation component reuuiring creation or
substantial restoration of new habitat. Substantial restoration is restoration that has the
effect of aualitativelv changing habitat (vue and may meet the creation requirement if it
restores habitat type that was historically present, but has suffered habitat conversion or
such extreme degradation that most of the present dominant species are not uart of the
original vegetation. Substantial restoration contrasts with enhancement activities which
include weeding or ulanting within vegetation that retains its historical character, and
restoration of disturbed areas to increase the value of existing habitat which may meet
other mitination - requirements uursuant to the HMP.
h. Habitat mitigation requirements other than the creation or substantial restoration
comuonent may be partially or wholly fulfilled b.y acquisition of existina like habitat
and/or retirement of development credits on existing like habitat with permanent
preservation as part of the HMPpreserve management plan.
i. All mitigation - areas, onsite and offsite. shall be secured with a conservation easement in
favor of the wildlife agencies. In addition, a uresewe management ulan shall be
preuared-for the mitigation areas, to the satisfaction of the Civ. the wildlife agencies
and the Coastal Commission. The ureserve management plan shall ensure adequate
funding to protect the preserve as ouen space and to maintain the biological values of
the mitigation areas in ueruetuitv. Management provisions and-funding shall be in place
prior to any imuacts to habitat. At a minimum, monitoring reports shall be required as a
condition of develoument auuroval after the first and third vear of habitat mitigation
efforts. The Preserve management ulan shall be incorporated into the Implementation Plan of the LCP through an LCP amendment within one vear of Commission
certification of the HMP as uart of the certified LCP.
j. If any conflict should arise between the Policies of the LCP and the provisions of the
HMP, the LCP shall take precedence.
7-1.11 Highly Constrained Prouerties
There are urouerties in the Coastal Zone that are entirelv or almost entirelv constrained bv
environmentallv sensitive habitat area (ESHA). In these cases. one of the following
additional standards shall auulv:
a. If more than 80% of the propertv bv area is covered with ESHA at least 75% of the
propertv shall be conserved. OR
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b. If the City. with the concurrences of the wildlife agencies and the Coastal Commission
through an LCP amendment, approved a Hardline preserve boundaw for any of the
above-described urouerties as part of the HMP. then the amount of onsite preservation
as identified in the Hardline boundaw shall auulv.
7-1. I2 Buffers and Fuel Modification Zones
Buffers shall be provided between all preserved habitat areas and development. Minimum
buffer widths shall be provided as follows:
a. IO0 feet for wetlands
b. 50 feet for riuarian areas
c. 20 feet for all other native habitats (coastal sage scrub, southern maritime chaparral,
maritime succulent scrub. southern mixed chauarral, native grassland. oak woodland).
Buffer widths shall be measured from the edge of ureserved habitat nearest the
develoument to the closest uoint of develoument. For wetlands and riuarian areas
possessing an unvegetated bank or steep sloue (greater than 25%). the buffer shall be
measured from the top of the bank or steep slope rather than the edge of habitat, unless
there is at least 50 feet between the riparian or wetland area and the toe of the slope. If the
toe of the sloue is less than 50 feet from the wetland or riuarian area, the buffer shall be
measured-from the top of the slope.
Anv urouosed reductions in buffer widths for a suecific site shall require sufficient
information to determine that a buffer of lesser width will protect the identified resources.
Such information shall include, but is not limited to, the size and Wue of the development
and/or uroposed mitkation (such as plantina of vegetation or the construction of fencing)
that will also achieve the puruoses of the buffer. The California Deuartment of Fish and
Game, the US. Fish and Wildlife Service. and the Coastal Commission staff shall be
consulted in such buffer determinations.
No develoument, grading or alterations, includina clearing of vegetation, shall occur in the
buffer area, exceut for:
a. Fuel modification Zone 3 to a maximum of 20 feet-for uuland and non-riparian habitat.
No fuel modification shall take place within 50 feet of riparian areas. wetlands or oak
woodland.
b. Recreation trails and uublicpathwavs within the-first IS-feet of the buffer closest to the
develoument, provided that construction of the trail or uathwav and its uroposed use is
consistent with the ureservation goals for the adiacent habitat and that aupropriate
measures are taken for physical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native plants.
Signage and phvsical barriers such as walls or-fences shall be required to minimize edge
effects of development.
18
7-1.13 Hardline Preserve Boundaries
The vurpose of the standards listed above is to ensure that the fixture development is sited
to vreserve the maximum amount of ESHA within the coastal zone. and to establish viable
habitat corridors and vreserve areas. If the City. with the concurrence of the wildlife
agencies and the Coastal Commission through an LCP amendment subseauentlv a-vproves
a Hardline vreserve boundaw for anv vroverties as vart of the HMP, then the onsite
preservation included in the Hardline preserve boundaw shall avply.
7-1.14 Steer, Slope Encroachments
The uercentage of steep slope encroachment allowed by the drainage and erosion control
policies may be modified for development consistent with the habitat protection policies
listed above and apvroved as part of the adovted HMP.
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LCPA 02-10 - Exhibit C
AGUA EEDIONDA SEGMENT REVISIONS
3-13 PROTECTION OF SENSITIVE NATIVE VEGETATIONAREAS
The Carlsbad Habitat Management Plan (HMP! is a comprehensive, civwide program to identi@ how
the citv. in cooperation with federal and state agencies. can preserve the diversie of habitat and protect
sensitive biological resources within the citv and the Coastal zone.
The HMP has been prepared as part of the San Diego Countv Multiple Habitat Conservation Proaram
[MHCP!. The MHCP will establish a coordinated habitat preserve system to protect listed species and
rare native vegetation while accommodating regional development needs. The HMP provides a
comprehensive plan for creation and management ofproposed preserve areas in the coastal zone, along
with appropriate criteria for development requirements and delineation of development/oreservation
boundaries. The creation of an efective habitat preserve requires a careful balancina of acuuisition,
preservation and mitigation requirements, as well as enforceable monitoring. remediation and an
adequatelv funded maintenance program for the vreserve area.
Section 30240(a) of the Coastal Act establishes a specific mandate for resource preservation. It statesL
in part. “(e!nvironmentallv sensitive habitat areas shall be protected against any significant disruption
of habitat values ... ” Environmentallv sensitive habitat area (ESHA) is defined in Section 30107.5 of the
Coastal Act as “anv area in which plant of animal life or their habitats are either rare or esoeciallv
valuable because of their special nature or role in an ecosvstem and which could be easilv disturbed or
degraded by human activities and developments. ’’
The regional nature of the habitat preservation effort sets the MHCP and HMP apart from other vlans
affecting ESHA. where the noncornprehensive nature of the plans and lack of regional resource
protection standards require more stringent limitations to coastal ESHA impacts for individual sites.
The clustering - and concentration of development awav _from sensitive areas that will result from the
proposed standards contained in the HMP and identified in the policies below will provide a larger,
more contimous preserve area than if development on the same properties were to be approved on a lot-
bv-lot basis.
3- 13- I. I Habitat Management Plan
The document titled “Habitat Management Plan for Natural Communities in the CiQ of
Carlsbad, December I999 with Two Addenda ’’ (hereafter referred to as HMP! is
incorporated herein bv reference. The Second Addendum dated December. 2002
contains additional conservation standards and habitat protection policies that apolv
within the Coastal Zone. The HMP has been developed so as to implement and be
consistent with all other provisions of this LCP, as amended. Anv changes to the HMP
that affect development within the coastal zone (including. but not limited to. channes to
mitigation requirements) shall be certified bv the Coastal Commission as LCP
amendments prior to becoming effective.
3- 13- I .2 Environmentally Sensitive Habitat Areas (ESHAI
Pursuant to Section 30240 of the California Coastal Act. environmentallv sensitive
habitat areas, as defined in Section 30107.5 of the Coastal Act, shall be protected
26
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against anv significant disruption of habitat values, and onlv uses dependent on those
resources shall be allowed within those areas.
3-13-1.3 Coastal Sage Scrub
Coastal Sage Scrub is a resource of varticular importance to the ecosvstems of the
Coastal Zone, due in part to the presence of the Coastal California gnatcatcher (Federal
Threatened) and other species. Properties containing Coastal Sage Scrub shall conserve
a minimum 67% of the Coastal Sage Scrub and 75% of the matcatchers onsite.
Conservation of gnatcatchers shall be determined in consultation with the wildlife
agencies.
3-13-1.4 Oak Woodland
An oak woodland is a closed to relativelv oven stand of trees within which a dominant
tree species is a species of oak. In coastal southern California. that species is genera&
Coast Live Oak fouercus anifolia). which is commonlv found on doves and riparian
situations. Shrubs vary from occasional to common, and the herb laver is often
continuous and dominated bv a varietv of annual grasses.
3-13-1.5 Streams
A stream is a topographicalfeature with a clear bed and bank that veriodicallv conveys
water.
3-13-1.6 Ephemeral Drainages and Ephemeral Streams
Ephemeral drainages and ephemeral streams are topographic -features that convev
water, but onlv during and shortlv after rainfall events in a tvpical year.
3-13-1.7 Wetlands
Pursuant to California Public Resources Code Section 30121 and Title 14. California
Code of Realations Section 13577(b), ketland' means lands within the coastal zone
which ma-v be covered Periodicallv or uermanentlv with shallow water and include
saltwater marshes, freshwater marshes, oven or closed brackish water marshes. swamvs,
mudflats and fens. Wetland shall include land where the water table is at. near or above
the land su?.face long enough to promote the-formation of hvdric soils or to support the
growth of hydrophvtes. and shall also include those tvues of wetlands where vegetation
is lackina and soil is poorlv developed or absent as a result of frequent and drastic
fluctuations of sur$ace water levels. wave action, water flow. turbiditv or high
concentrations of salts or other substances in the substrate. A preponderance of hvdric
soils or a preponderance of wetland indicator species shall be considered vresumptive
evidence of wetland conditions,
Wetlands shaI1 be delineated following the definitions and boundarv descr&tions in
Section 13577 of the California Code ofRealations.
Pursuant to California Public Resources Code Section 30233, no imvacts to wetlands
shall be allowed except as provided in that Section.
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3-13-1.8 Wetland Mitigation Requirements
If imuacts to wetlands are allowed consistent with Policv 3-13-1.7, mitigation shall be
provided at a ratio of 3:1 for riuarian imuacts and 4:1 for saltwater or freshwater
wetland or marsh impacts.
3-13-1.9 No Net Loss ofHabitat
There shall be no net loss of Coastal Sage Scrub, Maritime Succulent Scrub, Southern
Maritime Chauarral, Southern Mixed Chauarral. Native Grassland and Oak Woodland
within the Coastal Zone of Carlsbad. Mitigation for imuacts to anv of the habitat tvpes.
when uermitted, shall include a creation comuonent that achieves the no net loss
standard. Substantial restoration of highly degraded areas (where effective functions of
the habitat tvue have been lost) mav be substituted -for creation subject to the
consultation and concurrence of the US. Fish and Wildlife Service and the California
Deuartment of Fish and Game (wildlife agencies). The Coastal Commission shall be
notified and urovided an o-uuortunitv to comment uuon uroposed substitutions of
substantial restoration for the rewired creation component. Develoument shall be
consistent with Policv 3-13-1.2 of this section, unless urouosed imuacts are specificallv
identified in the HMP: these imuacts shall be located to minimize imuacts to Coastal
Sage - Scrub and maximize protection of the Coastal California gnatcatcher and its
habitat.
3-1 3-1.10 Upland Habitat Mitigation Requirements
Where imuacts to the habitats stated in 3-13-1.9 are allowed. mitigation shall be
provided as follows:
a. The no net loss standard shall be satisfied as stated in 3-13-1.9. Tvpicallv this will
consist of creation of the habitat tvue being " imuacted (or substantial restoration
where allowed) at a ration of at least I:I as urovided in the HMP.
b. Onsite ureservation is not elipible for mitigation credit in the coastal zone except
as urovided in subsection g. below.
c. Imuacts to Coastal Sane Scrub shall be mitigated at an overall ratio of 2:l with
the creation comuonent satisfiing half of the total obligation. The remainder of
the mitigation - obligation shall be satisfied uursuant to the provisions of the HMP.
d. Impacts to Southern Maritime Chauarral of Maritime Succulent Scrub shall be
mitigated at an overall ratio of 3:l. with the creation component satisfiina one-
third of the total obligation. The remainder of the mitigation obligation shall be
satisfied uursuant to the urovisions of the HMP.
e. Imuacts to Southern Mixed Chauarral. Native Grassland and Oak Woodland shall
be mitiaated respectivelv at ratios of I:I. 2:1 and 3:l. with the creation component
satisfiing - the obligation or one-third of the total obligation. The remainder of the
mitigation obligation shall be satisfied uursuant to the urovisions of the HMP.
28
DRAFT
J: Mitigation for imuacts within the coastal zone should be urovided within the
coastal zone. if uossible. uarticularlv the 1:l creation component, in order to have
no net loss of habitat within the coastal zone. Mitigation measures on land outside
the Coastal Zone mav be acceutable if such mitigation would clearlv result in
higher levels of habitat urotection and value and/or would provide significantlv
greater mitigation ratios, and the mitigation area is uart of the HMP. Land area
inside and outside the coastal zone which serves as mitigation-for habitat impacts
in the coastal zone shall be uermanentlv retired-from development potential and
secured as uart of the HMP vreserve management plan as a condition of
develoument approval.
g. Onsite of off-site ouen suace Dreserve areas mav be utilized to satisfi reauired
mitigation - for habitat imuacts associated with development if the ureserve areas
are disturbed and suitable for restoration or enhancement. or thev are devoid of
habitat value and therefore suitable for the 1:l mitigation component requirinq
creation or substantial restoration of new habitat. Substantial restoration is
restoration that has the effect of qualitatively chanaina habitat type and rnav meet
the creation requirement if it restores habitat type that was historicallv present,
but has suffered habitat conversion or such extreme degradation that most of the
present dominant suecies are not uart of the original veFetation. Substantial
restoration contrasts with enhancement activities, which include weeding, or
planting - within vegetation that retains its historical character, and restoration of
disturbed areas to increase the value of existing habitat which ma-v meet other
mitigation - reauirements uursuant to the HMP.
h. Habitat mitigation requirements other than the creation or substantial restoration
comuonent rnav be uartiallv or whollv fulfilled bv acquisition of existing like
habitat and/or retirement of develoument credits on existing like habitat with
permanent vreservation as part of the HMP ureserve management ulan.
i. All mitigation areas, onsite and offsite. shall be secured with a conservation
easement in favor of the wildlife agencies. In addition. a preserve management
plan shall be ureuared for the mitiaation areas, to the satisfaction of the Cip, the
wildlife aaencies and the Coastal Commission. The preserve management plan
shall ensure adeauate funding to protect the preserve as open space and to
maintain the biological values of the mitigation - areas in ueruetuitv. Management
provisions and funding shall be in dace urior to anv imuacts to habitat. At a
minimum, monitoring reports shall be required as a condition of development
auproval after the first and third vear of habitat mitigation efforts. The preserve
management ulan shall be incorporated into the Implementation Plan of the LCP
through and LCP Amendment within one vear of Commission certification of the
HMP as vart of the certified LCP.
j. If anv conflict should arise between Policies of the LCP and the provisions of the
HMP, the LCP shall take urecedence.
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3-1 3-1. I I Hiahlv Constrained Prouerties
There are vroverties in the Coastal Zone that are entirelv or almost entirelv constrained
bv environmentallv sensitive habitat area (ESHA). In these cases, one of the following
additional standards shall applv:
a. If more than 80% of the vrovertv by area is conserved with ESHA at lease 75% of
the urovertv shall be conserved. OR
b. If the Citv, with the concurrences of the wildlife aaencies and the Coastal
Commission through - an LCP amendment. approved a Hardline ureserve boundarv
for anv of the above-described properties as vart of the HMP. then the amount of
onsite preservation as identified in the Hardline boundarv shall apvlK
3-13-1.12 Buffers and Fuel Modification Zones
Buffers shall be vrovided between all preserved habitat areas and development.
Minimum buffer widths shall be urovided as follows:
a. IO0 feet for wetlands
b. 50 feet for riuarian areas
c. 20 feet for all other native habitats (coastal sage scrub, southern maritime
chauarral, maritime succulent scrub, southern mixed chauarral. native massland,
oak woodland).
Buffer widths shall be measured from the edge - of vreserved habitat nearest the
develovment to the closest point of development. For wetlands and riparian areas
possessing an unveaetated - bank or steep slope heater than 25%). the buffer shall be
measured from the tov of the bank or steep dove rather than the edge of habitat. unless
there is at least 50 feet between the riparian or wetland area and the toe of the slope. If
the toe of the slope is less that 50 feet-from the wetland or rivarian area, the buffer shall
be measured from the top of the slope.
Anv urouosed reductions in buffer widths for a specific site shall require suficient
information to determine that a buffer of lesser width will protect the identified
resources. Such information shall include, but is not limited to, the size and Que of the
develoument and/or uroposed mitiaation (such as planting of veaetation or the
construction of fencing) that will also achieve the vuruoses of the buffer. The California
Department of Fish and Game. the US. Fish and Wildlife Service, and the Coastal
Commission staffshall be consulted in such buffer determinations.
No develovment, grading or alterations, including clearing of vegetation, shall occur in
the buffer area, exceptfor:
a. Fuel modification Zone 3 to a maximum of 20 feet for uvland and non-rivarian
habitat. No fuel modification shall take dace within 50 feet of rivarian area,
wetlands or oak woodland.
30
DRAFT
b. Recreation trails and public uathwavs within the first Is-feet of the buffer closest
to the development. provided that construction of the trail or uathwav and its
prouosed use is consistent with thepreservation goals-for the adjacent habitat, and
that apurouriate measures are taken for uhvsical separation from sensitive areas.
Buffer areas that do not contain native habitat shall be landscaped using native ulants.
Signage and uhvsical barriers such as walls or fences shall be required to minimize
edge effects of development.
3-13-1 .I 3 Hardline Preserve Boundaries
The uuruose of the standards listed above is to ensure that fixture development is sited to
preserve the maximum amount of ESHA within the coastal zone, and to establish viable
habitat corridors and preserve areas. If the Citv, with the concurrence of the wildlife
agencies and the Coastal Commission through an LCP amendment subseauentlv
auuroves a Hardline ureserve boundaw for anv prouerties as part of the HMP. then the
onsite preservation included in the Hardline preserve boundaw shall auulv.
3-14 GRADING AND LANDSCAPING REOUIREMENTS
In addition to the requirements of the model grading ordinance in the Carlsbad Master Drainage Plan,
permitted new development shall also complv with the following requirements:
a. Grading activitv shall be prohibited during the rainv season: from October lst to Auril I" of each
veay.
b. All araded areas shall be landscaped urior to October lst of each vear with either temuorarv or
permanent landscauing materials, to reduce erosion potential. Such landscaping shall be
maintained and replanted if not well-established bv December 1'' following the initial planting.
c. The October 1" grading season deadline may be extended with the auproval of the Citv Enaineer
subject to implementation bv October Is' of special erosion control measures designed to prohibit
discharge of sediments off-site during and after the grading oueration. Extensions bevond
November Ifh rnav be allowed in areas of ve? low risk of impact to sensitive coastal resources and
mav be auuroved either as Dart of the original coastal develoument uermit or as an amendment to
an existing coastal development uermit.
d. If anv of the resuonsible resource agencies prohibit nradina operations during the summer grading
period in order to protect endangered or rare species or sensitive environmental resources, then
grading activities rnav be allowed during the winter bv a coastal development permit or permit
amendment, provided that apurouriate best management practices fBMPs) are incoruorated to limit
potential adverse imuacts from winter grading activities.
31