HomeMy WebLinkAbout2008-01-16; Planning Commission; Resolution 63771 PLANNING COMMISSION RESOLUTION NO. 6377
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT TO DELETE
4 REFERENCES TO THE MASTER DRAINAGE PLAN
ADOPTED IN 1994 AND THE MODEL EROSION CONTROL
5 ORDINANCE AND TO ADD REFERENCES TO THE
6 PROPOSED CITY OF CARLSBAD DRAINAGE MASTER
PLAN AND EXISTING ENGINEERING STANDARDS.
7 CASE NAME: DRAINAGE MASTER PLAN UPDATE
CASE NO: ZCA 07-04
8
9 WHEREAS, in accordance with Section 21.52.020 of the Carlsbad Municipal
10 Code, the City of Carlsbad has prepared an amendment to Title 21 of the Municipal Code
11 relating to references to the Master Drainage Plan and Model Erosion Control Ordinance in
191Z Chapters 21.38 (Planned Community Zone), 21.203 (Coastal Resource Protection Overlay
Zone), and 21.205 (Costal Resource Overlay Zone Mello ILCP Segment); and
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WHEREAS, the proposed amendment is set forth in the draft City Council
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Ordinance, Exhibit "X," dated January 16, 2008, and attached hereto DRAINAGE MASTER16
! 7 PLAN UPDATE - ZCA 07-04; and
18 WHEREAS, the Planning Commission did on January 16, 2008, hold duly
1° noticed public hearings as prescribed by law to consider said request; and
20 WHEREAS, at said public hearings, upon hearing and considering all testimony
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and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by
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staff, and considering any written comments received, the Planning Commission considered all
24 factors relating to the Zone Code Amendment.
25 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
26 Commission as follows:
27 A) That the foregoing recitations are true and correct.
2g B) That based on the evidence presented at the public hearing, the Planning
Commission hereby RECOMMENDS APPROVAL of DRAINAGE MASTER
PLAN UPDATE - ZCA 07-04, based on the following findings:
Findings:
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1. The proposed Zone Code Amendment, ZCA 07-04, is consistent with the General Plan in
3 that the Carlsbad General Plan authorizes existing drainage infrastructure and
planned capacity improvements to support all designated land uses in the city. The
Drainage Master Plan Update was designed to guide the City in the implementation
. of drainage facilities required to meet the present and future needs of Carlsbad as
anticipated by the General Plan. Additionally, the Drainage Master Plan Update is
5 consistent with the General Plan Public Safety Element by providing flood
protection for developed areas. Further, to be consistent with the General Plan
7 Open Space and Conservation Element, the design of Drainage Master Plan Update
components would also incorporate design features/methods and construction
measures to minimize impacts to sensitive environmental resources. Finally, no
General Plan Amendments are proposed as part of the Drainage Master Plan
Update.
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2. The proposed Zone Code Amendment, ZCA 07-04, reflects sound principles of good
planning in that it (a) ensures consistency with and implements the policies of the
Local Coastal Program, which are also proposed for amendment to reference the
proposed Drainage Master Plan, (b) ensures internal consistency regarding
13 references to the proposed Drainage Master Plan, and (c) implements the programs
of the General Plan as identified in the previous finding.
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PASSED, APPROVED, AND ADOPTED at a regular meeting to the Planning Commission of
the City of Carlsbad, held on January 16,2008, by the following vote, to wit:
17 AYES: Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
Montgomery, and Whitton
18
NOES:19
2Q ABSENT: Commissioner Cardosa
21 ABSTAIN:
22
23
24 JULIE MAKER, Chairperson
CARLSBATTPLANNING COMMISSION
25 "
26 ATTEST:
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DON NEU
Planning Director
PC RESO NO. 6377 -2-
Exhibit "X"
January 16,2008
1 ORDINANCE NO.
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
MUNICIPAL CODE BY DELETING REFERENCES TO THE
4 MASTER DRAINAGE PLAN ADOPTED IN 1994 AND THE
MODEL EROSION CONTROL ORDINANCE AND ADDING
5 REFERENCES TO THE PROPOSED CITY OF CARLSBAD
DRAINAGE MASTER PLAN AND EXISTING ENGINEERING
6 STANDARDS.
CASE NAME: DRAINAGE MASTER PLAN UPDATE
7 , CASE NO.: ZCA 07-04
8 The City Council of the City of Carlsbad, California does ordain as follows:
9 SECTION 1: That Section 21.38.141 (c) (6) of the Carlsbad Municipal Code is amended
to read as follows:
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6. A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate both
increased runoff and sedimentation. It shall be reviewed and prepared according to the City of
12 Carlsbad Engineering Standards and provisions of the Local Coastal Program, with the
additions and changes adopted herein, such that a natural drainage system is generally
13 preserved for the eastern undeveloped watersheds, but that storm drains are allowed for those
western portions of the watershed which have already been incrementally developed.
SECTION 2: That Section 21.203.040 B.1. of the Carlsbad Municipal Code is amended
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to read as follows:
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1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be designated for
residential development at a density of up to four 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 development permit application. Such
information shall be provided in addition to any required environmental impact report, and shall
be prepared by qualified professionals and in sufficient detail to locate the boundary of wetland
and upland areas and areas of slopes in excess of twenty-five percent. Topographic maps shall
be submitted at a scale sufficient to determine the appropriate developable areas, generally not
21 less than a scale of one inch equals one hundred feet with a topographic contour interval of five
feet, and shall include an overlay delineating the location of the proposed project. The lagoon
22 and wetland area shall be delineated and criteria used to identify 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. Mapping of wetlands and siting of development shall
be done in consultation and subject to the approval of the Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum
~- setbacks of at least one hundred feet from wetlands/lagoon shall be required in all development,
in order to buffer such sensitive habitat area from intrusion. 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
27 condition of project approval. In the event that a wetland area is bordered by steep slopes (in
excess of twenty-five percent) which will act as a natural buffer to the habitat area, a buffer area
of less than one hundred feet in width may be permitted. The density of any permitted
development shall be based upon the net developable area of the parcel, excluding any portion
1 of a parcel which is in wetlands or lagoon. As specified in subsection A of this section, a density
credit may be provided for that portion of the parcel which is in steep slopes. Storm drain
2 alignments as proposed in the City of Carlsbad Drainage Master Plan which would be carried
through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements
3 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
4 State Department of Fish and Game. Land divisions shall only be permitted on parcels
bordering the lagoon pursuant to a single planned development permit for the entire original
5 parcel.
6 SECTION 3: That Section 21.203.040 B. 3. a. of the Carlsbad Municipal Code is
7 amended to read as follows:
8 a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
9 the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
water mitigation plan (SUSMP) dated April 2003, and as amended, and the City of Carlsbad
10 Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology
11 Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
and (3) the additional requirements contained herein. Such mitigation shall become an element
12 of the project, and shall be installed prior to the initial grading.
13 SECTION 4: That Section 21.203.040 B. 3. c. of the Carlsbad Municipal Code is
14 amended to read as follows:
c. Mitigation shall require construction of all improvements shown in the City of
16 Carlsbad Drainage Master Plan and any amendments to them for the area between the project
site and the lagoon (including the debris basin), as well as revegetation of graded areas
17 immediately after grading; and a mechanism for permanent maintenance if the city declines to
accept the responsibility. Construction of drainage improvements may be through formation of
,n an assessment district, or through any similar arrangement that allocates costs among the
various landowners in an equitable manner.
19 SECTION 5: That Section 21.203.040 B. 4. a. of the Carlsbad Municipal Code is
20 amended to read as follows:
21 a. All development must include mitigation measures for the control of urban runoff
22 flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
23 water mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad
Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
24 jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
25 and (3) the additional requirements contained herein. Such mitigation shall become an element
of the project and shall be installed prior to the initial grading.
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1 SECTION 6: That Section 21.203.040 B. 4. c. of the Carlsbad Municipal Code is
2 amended to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 of this zone unless certified by the coastal commission. The general provisions, procedures,
standards, content of plans and implementation contained with them are required conditions of
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 7: That Section 21.203.040 B. 4. c. i of the Carlsbad Municipal Code is
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amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements recommended in the City of Carlsbad Drainage Master Plan) shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city or
10 county staff and certified as adequate and in compliance with the requirements of the drainage
plan and the additional requirements of this zone. If the city or county declines to accept
maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
1Z*
SECTION 8: That Section 21.203.040 B. 4. c. vi. of the Carlsbad Municipal Code
is amended to read as follows:14
vi. Storm drainage facilities in developed areas shall be improved and enlarged
according to City of Carlsbad Drainage Master Plan, incorporating the changes specified in this
section. Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement City of Carlsbad
Drainage Master Plan. Upstream areas in the coastal zone shall not be permitted to develop
17 incrementally prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources. New drainage facilities, required within the improvement
districts shall be financed either by some form of bond or from fees collected from developers
on a cost-per-acre basis;
SECTION 9: That Section 21.205.060 a. of the Carlsbad Municipal Code is
amended to read as follows:
2~ a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
23 the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
water mitigation plan (SUSMP) dated April 2003 and as amended, and the City of Carlsbad
24 Drainage Master Plan, as those documents are certified as part of the city's LCP; (2) the city's
jurisdictional urban runoff management program (JURMP) and the San Diego County Hydrology
25 Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
and (3) the additional requirements contained herein. Such mitigation shall become an element
of the project and shall be installed prior to the initial grading.
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1 SECTION 10: That Section 21.205.060 c. of the Carlsbad Municipal Code is
2 amended to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 of this zone unless certified by the coastal commission. The general provisions, procedures,
standards, content of plans and implementation contained in them are required conditions of
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 11: That Section 2121.205.060 c. i. of the Carlsbad Municipal Code is
7
amended to read as follows:
8
i. All off-site, downstream improvements (including debris basin and any other
9 improvements recommended in the City of Carlsbad Drainage Master Plan shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city staff
10 and certified as adequate and in compliance with the requirements of the drainage plan and the
additional requirements of this zone. If the city declines to accept maintenance responsibility for
11 the improvements, the developer shall maintain the improvements during construction of the on-
site improvements;
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1 EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty
2 days after its adoption but not until approved by the California Coastal Commission, and the City
3 Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in
4 a publication of general circulation in the City of Carlsbad within fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
6 Council on the day of 2008, and thereafter.
7 PASSED AND ADOPTED at a regular meeting of the City Council of the City of
8 Carlsbad on the day of 2008, by the following vote, to wit:
9 AYES:
NOES:
ABSENT:
12 ABSTAIN:
13
14 APPROVED AS TO FORM AND LEGALITY
15
16 RONALD R. BALL, City Attorney
17
18
j CLAUDE A. LEWIS, Mayor
20 ATTEST:
21
22 LORRAINE M. WOOD, City Clerk
233 (SEAL)
241'
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