Loading...
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 14 WHEREAS, the proposed amendment is set forth in the draft City Council 15 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 21 and arguments, if any, of all persons desiring to be heard, analyzing the information submitted by 22 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: 2 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. 10 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. 14 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: 27 28 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: 10 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 15 to read as follows: 16 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. 26 27 28 -2- 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 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 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. 27 28 -3- 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; 12 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 -4- 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' 25 26 27 28 -5-