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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 14 WHEREAS, City of Carlsbad, "Applicant," has filed a verified application for 15 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 21 14 of the California Code of Regulations of the California Coastal Commission Administrative 22 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 28 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 3 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. 10 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: 15 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. 22 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. 27 28 PC RESO NO. 6378 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 50 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