HomeMy WebLinkAbout2008-01-16; Planning Commission; Resolution 63781 PLANNING COMMISSION RESOLUTION NO. 6378
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF AN AMENDMENT TO (1) THE POLICIES OF
4 THE CARLSBAD LOCAL COASTAL PROGRAM FOR THE
AGUA HEDIONDA, MELLO I, MELLO II, WEST
5 BATIQUITOS LAGOON/SAMMIS PROPERTIES, AND EAST
6 BATIQUITOS LAGOON/HUNT PROPERTIES SEGMENTS
AND (2) THE IMPLEMENTING ORDINANCE OF THE
7 CARLSBAD LOCAL COASTAL PROGRAM (TITLE 21 -
ZONING ORDINANCE) TO DELETE REFERENCES TO THE
8 MASTER DRAINAGE PLAN ADOPTED IN 1994 AND THE
MODEL GRADING ORDINANCE AND ADD REFERENCES
TO THE PROPOSED CITY OF CARLSBAD DRAINAGE
10 MASTER PLAN.
CASE NAME: DRAINAGE MASTER PLAN UPDATE
11 CASE NO: LCPA 07-06
12 WHEREAS, California State law requires that the Local Coastal Program,
13 General Plan, and Zoning designations for properties in the Coastal Zone be in conformance; and
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WHEREAS, City of Carlsbad, "Applicant," has filed a verified application for
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an amendment to the Local Coastal Program; and16
17 WHEREAS, said verified application constitutes a request for a Local Coastal
18 Program Amendment as shown on Exhibit "X" dated January 16, 2008, attached to Planning
19 Commission Resolution No. 6377 and Exhibit Y attached hereto, as provided in Public
Resources Code Section 30574 and Article 15 of Subchapter 8, Chapter 2, Division 5.5 of Title
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14 of the California Code of Regulations of the California Coastal Commission Administrative
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Regulations; and
24 WHEREAS, the amendment affects properties throughout the City's Coastal
25 Zone; and
26 WHEREAS, the Planning Commission did on January 16, 2008, hold a duly
27 noticed public hearing as prescribed by law to consider said request; and
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WHEREAS, at said public hearing, upon hearing and considering all testimony
2 and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
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relating to the Local Coastal Program Amendment; and4
r WHEREAS, State Coastal Guidelines requires a six-week public review period
for any amendment to the Local Coastal Program.
7 NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Q Commission of the City of Carlsbad, as follows:
9 A) That the foregoing recitations are true and correct.
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B) At the end of the State-mandated six-week review period, starting on December,
14, 2007, and ending on January 24, 2008, staff shall present to the City Council
a summary of the comments received.
13 C) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL of DRAINAGE MASTER PLAN UPDATE -
14 LCPA 07-06, based on the following findings, and subject to the following
conditions:
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Findings:
17 1. That the proposed Local Coastal Program Amendment meets the requirements of, and is
in conformity with, the policies of Chapter 3 of the Coastal Act and all applicable policies
18 of the Mello I, Mello II, West Batiquitos Lagoon/Sammis Properties, East Batiquitos
Lagoon/Hunt Properties, and Agua Hedionda Lagoon segments of the Carlsbad Local
Coastal Program not being amended by this amendment, in that no development or
2Q construction is proposed with this amendment and all future development projects
located in the coastal zone that are processed pursuant to these revised standards
21 would be subject to discretionary review and a Coastal Development Permit to
ensure consistency with Local Coastal Program policies.
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2. That the proposed amendment to the Mello I, Mello II, West Batiquitos
Lagoon/Sammis Properties, East Batiquitos Lagoon/Hunt Properties, and Agua
.. Hedionda Lagoon segments of the Carlsbad Local Coastal Program is required to bring
the policies of the segments into consistency with each other and the similarly
25 proposed amendment to the Zoning Ordinance so that the policies and
implementing ordinances of the Local Coastal Program uniformly reference the
26 proposed City of Carlsbad Drainage Master Plan.
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PC RESO NO. 6378 -2-
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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:
AYES:
NOES:
Chairperson Baker, Commissioners Boddy, Dominguez, Douglas,
Montgomery, and Whitton
ABSENT: Commissioner Cardosa
ABSTAIN:
JULIE
CARLS
ATTEST:
Chairperson
ANNING COMMISSION
DON NEU
Planning Director
PC RESO NO. 6378 -3-
Agua Hedionda Land Use Plan Exhibit Y to Planning Commission Resolution 63 78
January 16, 2008
3-14 Grading and Landscaping Requirements
In addition to the requirements of the City of Carlsbad Master Drainage Master 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 1st 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 1st following the initial planting.
c. The October 1st grading season deadline may be extended with the approval of
the City Engineer subject to implementation by October 1st of special erosion
control measures designed to prohibit discharge of sediments off-site during
and after the grading operation. Extensions beyond November 15th may be
allowed in areas of very low risk of impact to sensitive coastal resources and
may be approved either as part of the original coastal development permit or as
an amendment to an existing coastal development permit.
d. If any of the responsible resource agencies prohibit grading 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.
26
Agua Hedionda Land Use Plan Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
Policies
4.1 a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development
must also comply with the requirements of the 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.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMP's) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which have
not been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
39
Agua Hedionda Land Use Plan Exhibit Y to Planning Commission Resolution 63 78
January 16, 2008
• Grading of surfaces so as to direct runoff toward planned drainages and, if
possible, away from cut and fill slopes;
• Early planting and maintenance of ground cover suitable for slope erosion control
and maximum retention of natural vegetation;
• Development projects shall preserve, as feasible, natural drainage swales and
landforms.
4.3 Development projects shall provide for improvements indicated in the City of
Carlsbad Drainage Master Plan, and shall limit the rate of runoff through the provision
of onsite catchment basins, desilting basins, subsurface drains, and similar
improvements as necessary. Runoff shall be controlled in such a way that the velocity
and rate of runoff leaving the site shall not exceed that of the site in its natural state.
4.4 Recognizing the unique environmental features of the lagoon and its environs and the
sensitivity of the area to soil erodibility and sedimentation, development shall be
regulated as follows:
a. Development on existing subdivided lots having all of their area in slopes of 25%
or greater shall be permitted, but grading shall be limited to minimal site
preparation for pole-type footings. Driveway/parking areas shall be limited in size
and shall be restricted to an area adjacent to the local streets. Onsite vegetation
shall not be disturbed beyond the minimal area needed to be cleared for the
construction process, which shall be clearly delineated on approved site plans.
b . Development, grading and landform alteration of natural steep slope areas (25%)
shall be avoided, when feasible. Any unavoidable disturbance shall be minimized
to the extent possible. Exceptions may include encroachments by roadway and
utilities necessary to reach flatter developable areas, when there is no feasible less
environmentally damaging alternative. The maximum allowable density shall be
calculated on the total lot area, although this may be modified through setbacks,
plan review, or other requirements of this plan and applicable City regulations.
c . Use of the Planned Development (PD) mechanism and cluster development shall
be required in areas containing environmentally sensitive resources, extensive
steep slope areas and significant natural landform features.
39
Agua Hedionda Land Use Plan Exhibit Y to Planning Commission Resolution 63 78
January 16, 2008
a) A runoff control plan prepared by a licensed engineer qualified in hydrology and
hydrolics demonstrating/ that there would be no significant increase in peak runoff
rate from the developed site over the greatest discharge expected from the existing
undeveloped site as a result of 6 hour, lo-year frequency storm. Runoff control
may be accomplished by a variety of methods including such devices as catchment
basins, detention basins, siltation traps, or other appropriate measures.
b) Development approvals shall include detailed maintenance provisions for repair
and maintenance of approved drainage and erosion control facilities. Permanent
runoff control and erosion control devices shall be installed prior to or concurrent
with onsite grading activities.
c) Development shall meet all other requirements of this plan, including the
provisions of the City of Carlsbad Grading Ordinance and Drainage Master Plan.
5.8 The conceptual alignment recommended by PRC Toups (alignment 1-B) for Cannon
Road shall be incorporated into this plan (see Exhibit G). In developing the precise
alignment of the proposed roadway, the following design criteria and environmental
protection measures shall apply:
a) No portion of the road construction shall involve filling or dredging of fresh or
saltwater marsh wetlands, except as noted in the letter from the Coastal
Commission to the State Department of Fish and Game (2/17/82; Attachment 3, P.
56).
b) To the extent that any portion of the road construction would occur in or adjacent
to an environmentally sensitive habitat area other than a wetland, the road shall be
sited and designed to prevent impacts which would significantly degrade such
areas, shall avoid significant disruption of habitat values, and shall be sited and
designed to be compatible with the continuance of habitat values.
c) To the extent that there are no feasible less environmentally damaging alternatives
and the road as designed would nonetheless result in adverse impacts to
environmentally sensitive habitat areas, such impacts shall be fully mitigated in
accordance with the recommendations of the State Department of Fish and Game.
d) To protect agricultural lands from the growth-inducing potential of the project, no
agricultural lands shall be assessed for construction of the road, and the road shall
be designed so as to avoid uncontrolled access into adjacent agricultural areas.
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Land Use - Mello I Chapter II-l
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
II. SEGMENT
II-l Mello I Segment - Land Use Policies
(AB462) (Now PRC 30170)
Certified 9/80 Amended 10/85
1. STANDARD PACIFIC
Policy 1 - Maximum Density of Development
The Standard Pacific property shall be designated for a medium density residential development
with a maximum density of 7 dwelling units per gross acre. The property shall be developed
using the City's RD-M (Residential-Multiple Zone) or PC (Planned Community) in effect at the
date of certification. An overlay zone shall be established incorporating the Coastal Act
requirements. All permitted uses in the underlying zone shall be conditional uses in the overlay
zone. Divisions of land and other developments as defined in the Coastal Act shall be in accord
with the requirements of the Policies contained herein. Poinsettia Lane shall be extended only as
generally shown on the PRC Toups land use map to the eastern boundary of the site. The
location of Poinsettia Lane is in no way determined by this Local Coastal Program (LCP),
however, this LCP is not intended to preclude access to agricultural areas to the east.
Development of the property may occur only under the provisions of the Pacific Rim Country
Club and Resort Master Plan, and shall be subject to the requirement of Policy 2
"Agriculture/Planned Development."
Policy 2 - Buffers
A sturdy fence capable of attenuating noise and dust impacts, generally to be a concrete block
wall a minimum of 6 feet in height, shall be provided between residential development and
agricultural areas to the north and east. As a partial alternative, utilization of natural topographic
separations such as trees, Chaparral, and existing slopes is encouraged, to the extent that such
separations can be incorporated into site planning and would accomplish adequate attenuation to
noise and dust. Permanent maintenance of this area and any structures, through a homeowners
association or other acceptable means, shall be provided as a condition of development.
Policy 3 - Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
City of Carlsbad 6 Local Coastal Program
Land Use - Mello I Chapter II-l
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
additional requirements contained herein. The SUSMP, dated April 2003 and as
amended, and the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the
Jurisdiction 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. 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 City of Carlsbad Drainage Master Plan
between the project site and the lagoon (including the debris basin), revegetation of all
graded areas immediately after grading, and mechanism for permanent maintenance if the
City declines to accept the responsibility. Construction of drainage improvements may be
through formation of an assessment district or through any similar arrangement that allots
costs among the various landowners in an equitable manner.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases to pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principals:
1) Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3) Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected impervious
City of Carlsbad 7 Local Coastal Program
Land Use - Mello I Chapter II-1
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
Policy 1 - Land Uses
The "Occidental Land, Inc." landowners elected to pay an agriculture conversion fee as required
by the Agricultural Subsidy Program established by the Mello II LCP Segment (AB 1971)
adopted and certified by the Coastal Commission on June 3,1981. With the election to pay the
agriculture conversion fee, the Agricultural Subsidy Program allowed the "Occidental Land,
Inc." properties to be developed in accordance with the land uses described below.
Pursuant to State Legislation in 1984, the Agricultural Subsidy Program was replaced with the
Agriculture Conversion Mitigation Fee (Public Resource Code Section 30171.2 and 30171.5)
(Mello II Segment Policy 2-1 Option 3).
As per Public Resource Code Section 30171.2, the land use policies established in 1981 by the
adoption of the Mello II Segment remained "operative" even thought the Agricultural Subsidy
Program was replaced.
The Occidental Land parcels are hereby designated as follows:
(1) The area located east of Interstate 5 and north of Poinsettia Lane shall be designated for
residential use at a maximum density of 8 dwelling units per acre.
(2) The area located east of Interstate 5 and south of Poinsettia Lane shall be designated for
residential use at a maximum density of 8 dwelling units per acre.
(3) The area located west of Interstate 5 and south of Poinsettia Lane shall be designated for
visitor-serving or neighborhood commercial development according to Chapter 21.26 of the
Carlsbad Zoning Ordinance.
(4) The area located west of Interstate 5 and north of Poinsettia Lane shall be designated for
visitor-serving or neighborhood commercial development according to Chapter 21.26 of the
Carlsbad Zoning Ordinance, provided that a minimum of 35% is developed as visitor serving
uses.
Policy 2 - Drainage, Erosion Control
a. All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Standard Urban Storm Water Mitigation
Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the additional requirements
contained herein. The SUSMP, dated April 2003 and as amended, and the City of
Carlsbad Drainage Master Plan are hereby incorporated into the LCP by reference.
Development must also comply with the requirements of the 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.
City of Carlsbad 10 Local Coastal Program
Land Use - Mello I Chapter II-l
Exhibit Yto Planning Commission Resolution 6378
January 16, 2008
Such mitigation shall become an element of the project and shall be installed prior to
initial grading. Mitigation shall also require construction of all improvements shown in
the City of Carlsbad Drainage Master Plan and amendments thereto between the project
site and the lagoon (including the debris basin), revegetation of all graded areas
immediately after grading, and a mechanism for permanent maintenance if the City
declines to accept responsibility. The offsite drainage improvements shall be
reimbursable to Occidental by use of assessment districts, development agreements or
other appropriate means acceptable to the City.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases to pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads
and minimize any increases to peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm water system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1) Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2) To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3) Preserve, and where possible, create or restore areas that provide important
water quality benefits, such as riparian corridors, wetlands and buffer zones.
Land acquisition of such areas shall be encouraged.
4) Provide development-free buffer zones for natural water bodies.
5) Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6) Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7) Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and
grease, heavy metals, nutrients, suspended solids and other pollutants from
City of Carlsbad 11 Local Coastal Program
Land Use - Mello I Chapter II-l
Exhibit Y to Planning Commission Resolution 63 78
January 16, 2008
mitigation.
(3) 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 on and/or
offsite to prevent siltation of lagoons and other environmentally sensitive areas.
(4) The appropriate measures shall be installed prior to onsite grading.
(5) All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
(6) a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance
with the requirements of the City's Grading Ordinance, Storm Water Ordinance,
Standard Urban Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage
Master Plan, with the additions and changes adopted herein, such that a natural
drainage system is generally preserved for the eastern undeveloped watersheds, but
that storm drains are allowed for those western portions of the watershed which have
already been incrementally developed. The SUSMP, dated April 2003 and as
amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into
the LCP by reference. Development must also comply with the requirements of the
Jurisdictional Urban Runoff 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.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increase in pollutant loads and flows resulting from proposed future development.
The City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads
and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff and
pollutants offsite and into a municipal separate storm sewer system (MS4) shall be
utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not
been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
primcipals:
City of Carlsbad 17 Local Coastal Program
Land Use - Mello II Chapter 11-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
Policy 4-5 SOIL EROSION CONTROL PRACTICES
Policy 4-6 "SEDIMENT CONTROL" PRACTICES
Policy 4-7 FLOOD HAZARDS
(a) Storm Drainage Facilities in Developed Areas
(b) City's Grading Ordinance
(c) Storm Drainage Facilities in Undeveloped Areas
(d) Financing New Drainage Facilities
(e) 100-Year Floodplain
(f) City of Carlsbad Drainage Master Plan
Policy 4-8 SEISMIC HAZARDS
5. Public Works and Public Services Capacities
Policy 5-1 REGIONAL SEWAGE TRANSPORTATION SYSTEM
Policy 5-2 FUTURE SEWAGE TREATMENT
Policy 5-3 UNTREATED RECLAIMED WATER
Policy 5-4 TEN PERCENT RESERVE SEWAGE CAPACITY FOR COASTAL
DEPENDENT RECREATION FOR VISITOR-SERVING USES
Policy 5-5 POINSETTIA LANE
6. Recreation and Visitor-Serving Uses
Policy 6-1 ADDITIONAL CITY PARKS
Policy 6-2 REGIONAL PARK
Policy 6-3 ENCINA FISHING AREA
Policy 6-4 NEED FOR ADDITIONAL OVERNIGHT CAMPING
Policy 6-5 NEED FOR 200 ADDITIONAL HOTEL-MOTEL ROOMS, AND
City of Carlsbad 44 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
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 75), 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 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, 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 Policy 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. In the event that a wetland areas is bordered by steep slopes (in excess of 25%)
which will act as a natural buffer to the habitat area, a buffer area of less than 100 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 of a parcel which is in wetlands.
Storm drain 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
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 BATIQUITOS 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 AB1971 (Mello II Segment), shall also be required to meet those same
policies. Much of the Batiquitos Lagoon watershed is designated in this plan for continued
City of Carlsbad 67 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
agricultural use which does not require a coastal development permit. When a coastal 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.
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 50.
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 areas and preservation of environmentally sensitive lands,
and to maintain the outstanding visual resources in the area surrounding the lagoon, an
additional density credit of one dwelling unit per acre of developed land shall be provided for
each two and one half per cent (2 1/2%) of total lot area, excluding wetlands, which is
maintained in open space and public recreation in excess of fifty per cent (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 e) above.
POLICY 3-4 GRADING AND LANDSCAPING REQUIREMENTS
Permitted new development shall comply with the following requirements:
City of Carlsbad 68 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
a) All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban Storm
Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the following
additional requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad
Drainage Master Plan are hereby incorporated into the LCP by reference. Development must
also comply with the requirements of the 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.
b) All graded areas shall be landscaped prior to October 1 st 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) Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The City
shall require developments to incorporate structural and non-structural best management
practices (BMP's) to mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
d). Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies
located at, or as close as possible to, the source (i.e., the point where water initially meets the
ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal
separate storm sewer system (MS4) shall be utilized.
e) Post-development runoff from a site shall not contain pollutant loads which cause or contribute
to an exceedance of receiving water quality objectives or which have not been reduced to the
maximum extent practicable.
f) Development proj ects should be designed to comply with the following site design principles::
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
City of Carlsbad 69 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 63 78
January 16, 2008
4) The area utilized for these uses shall be the minimum size necessary to satisfy the
requirements of the City of Carlsbad Zoning Code.
(i) Water Quality:
a. All development must include mitigation measures for the control of urban runoff flow rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), Drainage Master Plan, and the following additional
requirements. The SUSMP, dated April 2003 and as amended, the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must also
comply with the requirements of the 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.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The City
shall require developments to incorporate structural and non-structural best management
practices (BMP's) to mitigate the projected increases in pollutant loads and minimize any
increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent practicable,
and supplemented by pollutant source controls and treatment. Small collection strategies
located at, or as close as possible to, the source (i.e., the point where water initially meets the
ground) to minimize the transport of urban runoff and pollutants offsite and into a municipal
separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality objectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and maximize
City of Carlsbad 74 Local Coastal Program
Land Use - Mello II Chapter 11-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
connect to neighboring properties with existing or potential wildlife corridor linkages.
Impacts to native habitat shall require onsite mitigation through restoration and/or creation of
habitat within the designated corridor linkage, in addition to any other required mitigation.
3-8.11 Assessor's Parcel No. 215-050-12 (Reiter) - Development shall be limited to a maximum of
25% of the property, and shall be clustered on the western portion of the property. No
impacts to coast oak woodland, riparian areas or wetlands shall be allowed A wildlife
corridor linkage oriented generally north-south shall be provided on the eastern portion of
the property, include the onsite coast oak woodland area, and be designed to connect to
neighboring properties with existing or potential wildlife corridor linkages. Impacts to
native habitat shall require onsite mitigation through restoration and/or creation of habitat
within the designated corridor linkage, in addition to any other required mitigation.
3-8.12 Assessor's Parcel No. 215-050-73 (Levatino)-Maximum 25% development clustered on the
southern portion of the property. Buffer widths may be reduced and/or additional impacts
may be allowed to the extent necessary to obtain site access, and/or to accommodate
Circulation Road improvements identified in the certified LCP.
The parcel 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 zone, and
to establish a viable habitat 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,
subsequently approves a hardline preserve boundary for any of the above-described properties as
part of the HMP, then the onsite preservation included in the hardline preserve boundary shall apply.
4. GEOLOGIC, FLOODPLAIN, AND SHORELINE HAZARD AREAS
POLICY 4-1 COASTAL EROSION
I. Development Along Shoreline
a. 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 Blufftop 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 City
of Carlsbad Drainage Master Plan. A waiver of public liability shall be required for any
permitted development for which an assurance of structural stability cannot be provided.
All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
City of Carlsbad 82 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
requirements of the City's Grading Ordinance, Storm Water Ordinances, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
following additional requirements. The SUSMP, dated April 2003 and as amended, the
City of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by
reference. Development must also comply with the requirements of the 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.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality obj ectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principals:
1. Protect slopes and channels to decrease the potential for slopes and/or channels from
eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally sensitive
portions of a site while leaving the remaining land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or awning
covers) to minimize the opportunity for toxic compounds, oil and grease, heavy
metals, nutrients, suspended solids and other pollutants from entering the storm water
conveyance system.
City of Carlsbad &? Local Coastal Program
Land Use - Mello II Chapter 11-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
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.
IV. Undevelopable Shoreline Features
No development shall be permitted on any sand or rock beach or on the face of any ocean bluff, with
the exception of accessways 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 identify
with specificity 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, hi the 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 Geologic Stability and Blufftop Development Guidelines.
POLICY 4-3 ACCELERATED SOIL EROSION
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. All development must include mitigation measures for the control of urban runoff rates
and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP), City of Carlsbad Drainage Master Plan, and the
additional requirements contained herein. The SUSMP dated April 2003 and as
amended, the City of Carlsbad Drainage Master Plan are hereby incorporated into the
LCP by reference. Development must also comply with the requirements of the
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. 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 City of Carlsbad-Drainage Master Plan
City of Carlsbad 86 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
and amendments thereto between the project site and the lagoon (including the debris
basin), as well as: revegetation of graded areas immediately after grading; and a
mechanism for permanent maintenance if the City declines to accept the responsibility.
Construction of drainage improvements may be through formation of an assessment
district, or through any similar arrangement that allots costs among the various
landowners in an equitable manner.
b. Prior to making land use decisions, the City shall utilize methods available to estimate
increases in pollutant loads and flows resulting from proposed future development. The
City shall require developments to incorporate structural and non-structural best
management practices (BMP's) to mitigate the projected increases in pollutant loads and
minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point where
water initially meets the ground) to minimize the transport of urban runoff and pollutants
offsite and into a municipal separate storm sewer system (MS4) shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause or
contribute to an exceedance of receiving water quality obj ectives or which have not been
reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or channels
from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least environmentally
sensitive portions of a site while leaving the remaining land in a natural
undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide important water
quality benefits, such as riparian corridors, wetlands and buffer zones. Land
acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected impervious
surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff and
maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof or
awning covers) to minimize the opportunity for toxic compounds, oil and grease,
heavy metals, nutrients, suspended solids and other pollutants from entering the
storm water conveyance system.
8. Incorporate roof or awning covers over trash storage areas to prevent offsite
City of Carlsbad 87 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 63 78
January 16, 2008
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) Drainage and Erosion Control
a. All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the additional requirements contained
herein. The SUSMP, dated April 2003 and as amended, and the City of
Carlsbad Drainage Master Plan are hereby incorporated into the LCP by
reference. Development must also comply with the requirements of the
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.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMP's) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and treatment.
Small collection strategies located at, or as close as possible to, the source (i.e.,
the point where water initially meets the ground) to minimize the transport of
urban runoff and pollutants offsite and into a municipal separate storm sewer
system (MS4) shall be utilized.
City of Carlsbad 91 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
categories of BMP's on the basis that the City finds them to be infeasible
or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an
LCP amendment is necessary, and if necessary, shall subsequently apply for an
LCP amendment for the changes.
(4) Required Drainage or 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 & Timing of Permanent Runoff and Erosion Control Devices:
All permanent runoff-control and erosion-control devices shall be developed and
installed prior to or concurrent with any onsite grading activities.
(6) Required Open Space Easements on Undeveloped Slopes:
All undevelopable slopes shall be placed in open space easements as a condition of
development approval.
POLICY 4-4 REMOVAL OF NATURAL VEGETATION
When earth changes are required and natural vegetation is removed, the area and duration of exposure
shall be kept at a minimum.
POLICY 4-5 SOIL EROSION CONTROL PRACTICES
a. Soil erosion control practices shall be used against "onsite" soil erosion. These
include keeping soil covered with temporary or permanent vegetation or with
mulch materials, special grading procedures, diversion structures to divert surface
runoff from exposed soils, and grade stabilization structures to control surface
water. All development must include mitigation measures for the control of urban
City of Carlsbad 94 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the additional requirements contained herein.
The SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must
also comply with the requirements of the 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.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMP's) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which have
not been reduced to the maximum extent practicable.
e. Development projects should be designed to comply with the following site
design principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
City of Carlsbad 95 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although, residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems
and landscape designs or other methods to minimize or eliminate dry weather
flow, if they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 without an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be more
protective of water quality than current BMP's or removal of BMP's
found to be ineffective. (This does not include removal of BMP's or
categories of BMP's on the basis that the City finds them to be infeasible
or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally Sensitive
Areas.
4. Reductions in the area of impervious surfaces used to designate a specific
category of Priority Project.
p. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality.
The City Engineer or Planning Director shall notify the Executive Director in
writing of any of the above listed changes. For any changes not included in the
above list, the City shall contact the Executive Director to determine whether an
LCP amendment is necessary, and if necessary, shall subsequently apply for an
LCP amendment for the changes.
POLICY 4-6 "SEDIMENT CONTROL" PRACTICES
a. Apply "sediment control" practices as a perimeter protection to prevent offsite
drainage. Preventing sediment from leaving the site should be accomplished by
such methods as diversion ditches, sediment traps, vegetative filters, and sediment
basins. Preventing erosion is of course the most efficient way to control sediment
runoff. All development must include mitigation measures for the control of urban
City of Carlsbad 97 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Yto Planning Commission Resolution 6378
January 16, 2008
runoff flow rates and velocities, urban pollutants, erosion and sedimentation in
accordance with the requirements of the City's Grading Ordinance, Storm Water
Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP), City of
Carlsbad Drainage Master Plan, and the following additional requirements. The
SUSMP, dated April 2003 and as amended, and the City of Carlsbad Drainage
Master Plan are hereby incorporated into the LCP by reference. Development must
also comply with the requirements of the 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.
b. Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural and
non-structural best management practices (BMP's) to mitigate the projected
increases in pollutant loads and minimize any increases in peak runoff rate.
c. Water pollution prevention methods shall be implemented to the maximum extent
practicable, and supplemented by pollutant source controls and treatment. Small
collection strategies located at, or as close as possible to, the source (i.e., the point
where water initially meets the ground) to minimize the transport of urban runoff
and pollutants offsite and into a municipal separate storm sewer system (MS4)
shall be utilized.
d. Post-development runoff from a site shall not contain pollutant loads which cause
or contribute to an exceedance of receiving water quality objectives or which have
not been reduced to the maximum extent practicable.
e. Development proj ects should be designed to comply with the following site design
principles:
1. Protect slopes and channels to decrease the potential for slopes and/or
channels from eroding and impacting storm water runoff.
2. To the extent practicable, cluster development on the least
environmentally sensitive portions of a site while leaving the remaining
land in a natural undisturbed condition.
3. Preserve, and where possible, create or restore areas that provide
important water quality benefits, such as riparian corridors, wetlands and
buffer zones. Land acquisition of such areas shall be encouraged.
4. Provide development-free buffer zones for natural water bodies.
5. Minimize the amount of impervious surfaces and directly connected
impervious surfaces in areas of new development and redevelopment.
6. Where feasible implement site design/landscape features to slow runoff
and maximize on-site infiltration of runoff.
7. Properly design outdoor material storage areas (including the use of roof
City of Carlsbad 98 Local Coastal Program
Land Use - Mello II Chapter II-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
if they create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
m. Although residential developments of less than 10 units, including single family
residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200 feet of, or discharging directly to an ESA,
including the Pacific Ocean; or shall provide a written report signed by a licensed
civil engineer showing that as the project is designed they are mitigating polluted
runoff, including dry weather nuisance flows, to the maximum extent practicable.
n. Detached residential homes shall be required to use efficient irrigation systems and
landscape designs or other methods to minimize or eliminate dry weather flow, if
they are within 200 feet of an ESA, coastal bluff or rocky intertidal areas.
o. The following minor revisions may occur to the Carlsbad SUSMP Storm Water
Standards dated April 2003 within an LCP amendment:
1. Addition of new Best Management Practices (BMP's) found to be
more protective of water quality than current BMP's or removal of
BMP's found to be ineffective. (This does not include removal of
BMP's or categories of BMP's on the basis that the City finds them
to be infeasible or impracticable.)
2. Addition of new development categories as Priority Projects.
3. Addition of new coastal waters to the map of Environmentally
Sensitive Areas.
4. Reduction in the area of impervious surfaces used to designate a
specific category of Priority Projects.
q. Any minor changes made pursuant to the above list shall be accompanied by a
finding that the changes will improve and better protect coastal water quality. The
City Engineer or Planning Director shall notify the Executive Director in writing of
any of the above listed changes. For any changes not included in the above list, the
City shall contact the Executive Director to determine whether an LCP amendment
is necessary, and if necessary, shall subsequently apply for an LCP amendment for
the changes.
POLICY 4-7 FLOOD HAZARDS
(a) Storm Drainage Facilities in Developed Areas
Storm drainage facilities in developed areas should be improved and enlarged according to the City of
Carlsbad Drainage Master Plan, incorporating the changes recommended in the LCP.
City of Carlsbad 100 Local Coastal Program
Land Use - Mello II Chapter 11-2
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
(b) City's Grading Ordinance
The City's grading ordinance should be amended to greatly reduce the extent of onsite and offsite
erosion due to construction activities. (See policies under Soil Erosion.) Although these are primarily
erosion control measures, they will help to prevent sedimentation in downstream drainage facilities.
(c) Storm Drainage Facilities in Undeveloped Areas
Drainage improvement districts shall be formed for presently undeveloped areas which are expected to
urbanize in the future. The improvement districts would serve to implement the City of Carlsbad
Drainage Master Plan. Upstream areas in the coastal zone shall not be permitted to develop prior to
installation of the storm drain facilities downstream, in order to assure protection of coastal resources.
(d) Financing New Drainage Facilities
New drainage facilities, required within the improvement districts, should be financed either by some
form of bond or from fees collected from developers on a cost-per-acre basis.
(e) 100-Year Floodplain
Development shall continue to be restricted in 100-year floodplain areas. Continuing the policy of
zoning 100-year floodplains as open space will permit natural drainage to occur without the need for
flood control channels. No permanent structures or filling shall be permitted in the floodplain and only
uses compatible with periodic flooding shall be allowed.
(f) Drainage Master Plan
Adopt the provisions of the City of Carlsbad Drainage Master Plan to ameliorate flood and drainage
hazards within the planning area.
POLICY 4-8 SEISMIC HAZARDS
The provisions of the State Uniform Building Code are not entirely adequate for earthquake protection.
The City should continue to monitor the UBCs earthquake provisions and make recommendations for
improvement.
Most development in liquefaction-prone areas should have site-specific investigations done
addressing the liquefaction problem and suggesting mitigation measures. New residential
development in excess of four units, commercial, industrial, and public facilities shall have site-
specific geologic investigations completed in known potential liquefaction areas.
City of Carlsbad 101 Local Coastal Program
Land Use - West Batiquitos Lagoon/Sammis Properties Chapter II-3
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
other important coastal resources. The amount of the fee shall be determined by the City Council at
the time it considers the proposal for development and shall reflect the per acre cost of preserving
prime agricultural land pursuant to Option 1 of the "Mello II" portion of the Carlsbad LCP, as
amended, but shall not be less than $5,000 nor more than $10,000 per acre. All mitigation fees
collected under this section shall be deposited in the State Coastal Conservancy Fund and shall be
expended by the State Coastal Conservancy in the following order of priority:
1. Restoration of natural resources and wildlife habitat in Batiquitos Lagoon;
2. Development of an interpretive center at Buena Vista Lagoon;
3. Restoration of beaches managed for public use in the coastal zone in the City of Carlsbad;
4. Purchase of agricultural lands for continued agricultural production within the Carlsbad
Coastal Zone as determined by the Carlsbad City Council;
5. Agricultural improvements which will aid in continuation of agricultural production within
the Carlsbad Coastal Zone, as determined by the Carlsbad City Council.
Note: The fee for the remaining 60 acres of non-prime agricultural land within the Poinsettia
Shores Master Plan was set with the approval of the Batiquitos Lagoon Educational Park
Master Plan at $5,000 per acre.
C. GRADING AND EROSION CONTROL
a. Because the area is located close to environmentally sensitive habitats, all development must
include mitigation measures for the control of urban runoff flow rates and velocities, urban
pollutants, erosion and sedimentation in accordance with the requirements of the City's Grading
Ordinance, Storm Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP),
City of Carlsbad Drainage Master Plan, and the following additional requirements. The SUSMP,
dated April 2003 and as amended, and the City of Carlsbad Drainage Master Plan are hereby
incorporated in the LCP by reference. Development must comply with the requirements of the
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.
b. Drainage and runoff shall be controlled so as not to exceed the capacity of the downstream
drainage facilities or to produce erosive velocities and appropriate measures shall be taken on
and/or off the site to prevent the siltation of the Batiquitos Lagoon and other environmentally
sensitive areas.
c. All graded areas shall be hydroseeded prior to October 1 st with either temporary or permanent
materials. Landscaping shall be maintained and replanted if not established by December 1st.
City of Carlsbad 123 Local Coastal Program
Land Use - East Batiquitos Lagoon/Hunt Properties Chapter 11-4
Exhibit Y to Planning Commission Resolution 6378
January 16, 2008
4) All areas disturbed by grading, but not completed during the construction
period, including graded pads, shall be planted and stabilized prior to October
1 st with temporary or permanent (in the case of finished slopes) erosion
control measures and native vegetation. The use of temporary erosion
control measures, such as berms, interceptor ditches, sandbagging, filtered
inlets, debris basins, and silt traps shall be utilized in conjunction with
plantings to minimize soil loss from the construction site. Said plantings
shall be accomplished under the supervision of a licensed landscape architect
and shall consist of seeding, mulching, fertilization, and irrigation adequate
to provide 90% coverage within 90 days. Planting shall be repeated, if the
required level of coverage is not established. This requirement shall apply to
all disturbed soils, including stockpiles.
5) All development must include mitigation measures for the control of urban
runoff flow rates and velocities, urban pollutants, erosion and sedimentation
in accordance with the requirements of the City's Grading Ordinance, Storm
Water Ordinance, Standard Urban Storm Water Mitigation Plan (SUSMP),
City of Carlsbad Drainage Master Plan, and the following additional
requirements. The SUSMP, dated April 2003 and as amended, and the City
of Carlsbad Drainage Master Plan are hereby incorporated into the LCP by
reference. Development must also comply with the requirements of the
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.
6) Prior to making land use decisions, the City shall utilize methods available to
estimate increases in pollutant loads and flows resulting from proposed future
development. The City shall require developments to incorporate structural
and non-structural best management practices (BMP's) to mitigate the
projected increases in pollutant loads and minimize any increase in peak
runoff rate.
7) Water pollution prevention methods shall be implemented to the maximum
extent practicable, and supplemented by pollutant source controls and
treatment. Small collection strategies located at, or as close as possible to,
the source (i.e., the point where water initially meets the ground) to minimize
the transport of urban runoff and pollutants offsite and into a municipal
separate storm sewer system (MS4) shall be utilized.
8) Post-development runoff from a site shall not contain pollutant loads which
cause or contribute to an exceedance of receiving water quality objectives or
which have not been reduced to the maximum extent practicable.
9) Development proj ects should be designed to comply with the following site
City of Carlsbad 139 Local Coastal Program