HomeMy WebLinkAbout1973-12-28; City Council; 9375; Urgency Ord - Interim open space zone Ord adopted1
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ORDINAITCE NO. 93 75
AM EPERGEWCY OWINANCE AS AN URGENCY T@.ASURE OF THE CITY COUNCIL OF TEE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN
INTERIM OPEN SPACE ZONING ORDINANCE TO INSIJRE TUT ALL DEVELOPMENTAL ACTIVITY IJITHIN DESIGNATED RESOURCE NANAGEPENT
DISTRICTS IS CONSISTENT WITR THE OPEN
SPACE ELEMENT OF THE GENERAL PLAN AND
TO PROTECT CERTAIN OPEN SPACE LANDS
PENDING ADOPTION OF A CO?PRE€IENSIVE
OPEN SPACE' ZONI!TG ORDIMAMCE .
WHEREAS, the California Legislature has enacted laws which
require that the City of Carlsbad adopt an open space plan for the
comprehensive and long-range preservation and conservation of
open space land within the City and an open space zoning ordinance
consistent with said plan by January 1, 1974; and
WEEKEAS, while the City has adopted an Open Space Plan and
has a series of open space zoning ordinances under consideration,
the process will not be complete in time to comTly with the dead-
line mandated by State law; and
hXEREAS, the failure by the City to comply with the dead-
line will, in the absence of this urgency measure, result in a
"ssation of all building within the City which will have seriously
sdverse effects on the public health, safety and welfare; and
TJHEREAS, this urgency measure is also necessary to insure
that the open space lands within the City identified by the adop-
tion of the Open Space Plan are preserved pending the adoption of
the open space zoning ordinances now under consideration; and
WHEREAS, the City Council of the City of Carlsbad has
jetermined that this ordinance is necessary in order to comply
rith the State mandate that the City adopt an open space zoning
Irdinance by December 31, 1973;
NOW, TIIEREFORE, the City Council of the City of Carlsbad,
Zalifornia, does ordain as follows:
SECTION 1: The draft ordinance entitled:
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"AN ORDINANCE, CREATING OPEN SPACE RXSOURCE MANAGEIIENT DISTRICTS, DEFINING LANDS WHICH HAVE SPECIAL NATURAL AND
CULTUEAL CHARACTERISTICS, PROVIDING STAXDARDS FOR THE USE
OF LAND WITHIN DISTRICTS, PROVIDING FOR THE CONPILATION
OF I€JFOHT.ATION CONCERNING THE NATURAL EWIROP~NT AND CULTURAL RESOURCES, PROVIDING FOR ADMINISTRATION ENFORCEMENT PXOCEDURES , PROVIDIMG FOR VARIANCES, EXCEPTIONS A$JD APPEALS, AND PF.OVIDING FQX OTHER
HATTER PROPERLY RELATING THERETO, ''
larked Exhibit "A", attached hereto and incorporated by reference
ierein, is hereby adopted as the Emergency Interim Open Space
kdinance for the City of Carlsbad
EFFECTIVE DATE: This Ordinance shall be effective imedi-
ttely upon passage. The City Clerk of the City of Carlsbad shall
:ertify to the adoption of this Ordinance and cause it to be pub-
.ished once in the Carlsbad Journal within fifteen (15) days after
.ts adoption.
INTRODUCED, PASSED AND ADOPTED at an adjourned regular
ieeting of the City Council of the City of Carlsbad, California,
ield on the 28th day of December, 1973, by the following vote, to
Tit:
AYES : Cmn. Dunne, McComas, Lewis, Frazee.
NOES : Cmn. Chase
ABSENT: None.
:!TEST :
:SEAL)
2.
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DISTRICTS DEFffu'I!(G LA,YDS $!EICH H,fi,VE SPECIAL I\!ATIJRAL A,?iD CUL'PifRAL CHARACTERISTICS PRO?IDiNG STAFDARDS FOR
THE USE CF LAND PiITHIII DISTRICTS, PROVIDIflG FOR THE COfP i: LATIO>I OF I NFORFIAT m! COP!CERri i NG THE f!ATUR!L
MIMISTRP,TiON APiD FY'FORCEW<T PROCEDURES, PROVIDING FOP, YARIAt!CES, EXCEPTIOilS AN9 APPEALS, Al4D PROVIDiPIG FOR
OTHER HATTERS PROPERLY RELATIEIG THERETO:
EiiT i??lD %ULTUP,AL RESOURCES, PR9\IIDiI\!G FOR Pig-
-- 1-00 G2neraI Provisions
1.01 . Findings and Purpose
The City Council finds that the pro@? mnanacement of the City's environmental
resources reqLiires formulation and administration of standards arid regulations for the protection, maintenance and enhancerm-rt of valuable natural envircn- Rental and cultural resources. The City Council further finds that the stand- ards aRd regulatisns are necessary to advance the following goals of the Open Space and Conservation Elements of the General Plan.
1. 'To coord-Q>ate open s~qce, uses wi>k othhsr laud uses for mutual
enhancement and creation Gf a human urban envi"rom?er?t wh-(ch Tncludes deveforrmt artd expansion of recreational 1 and, conservation of natural and ran-made amenities, and preservation of options with regard to agricuf tura'l 1 and.
2. respect to air, water, sound levels, and plant and animal life.
To preserve optimun; wstainable environmntal qual ?ty leyels with
3. To prevent i.ncompatible development of areas that should he pre- served or regulated for scenic, historic, conservation or pub1 ic health
and safety pilrposes.
4. yt11 mafrkajn corvwity :c:Entity, achieve a. sense of natural spac-iousness, and prc*$i.dE v?sual refief in the cityscapo.'
5. IC, pTi?s.er?E? an ad~.qi?-tn anount and variety .of open space foi- outdoor recreat-icn vihich shall -i'nclu.!e, bt!t not b? limited to, parks, bexhes, iirz?s far crqmizc:! sc,arts conseryaticn areas for mture st:.@:, arc1 seri-des?loped areas i& canping.
fs: nreserve a~d create ay! open spxe system of aesthetic: value that **
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connectin? ccrridors ivith trai 1 s, unique
6, nesting and breedifis .arms. To protect se?ect wildlife thrcuyh the preservation of feeding,
7. to prevent ercsica, silt?tim and floodir-, protmt air anc! t';i?ter reswrces,
and yrctxt a+ enk2arLc? vi suzl resources.
To ccxerve ai?d encouraqe the us3 of all form of vegetation needd
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It is the intmt of the City CouncSj that where the standards of this ordinance restrict deve1ip:nzn-l to a greater extent than does the City Zoning Code, the applicant sha!] use such desicju! techniques as clustering, rearrangenents, zultj-story buildirigs and other site planning methcds and the appropriate vehicles of. the City Zoning Cede for utilization of such
techniqws as the Planned Development and PI anned Coimunity Provision so that the purposes of both this Ordinance and the City Zoning Code may be
promoted.
Furthermore, i.t is the intent of the City Council that-the Standards established by this Ordinance shall De in addition to the standards and regulations of the City Zoning Code, City Subdivision Code and any other
City Or*dinances or Law.
.
1.03 Genera.1 Exclusions
The provisions of this Ordinance shall not apply to:
a. t3inisteriaf Prcjacts. Inclused within the definition of ministerial projects we the issuance of buildinq perinits unless a permit is otherwt’se reauired by this.Ordinance, business-1 jcense, the approval of final subdivisioi maps and iildividual utility service connections and disconnections.
-b. Einergency Projects. Emergency projects are defined as follows:
. 1. Projects undertaken, carried out or approved by a public agency to
maintain, repair, restore, dmofish or replace property or facilities damaged or destroyed as a result of a disaster in an area in v.4ich.a state
of emergency has been prcclaimed by the Governor pursuant to law.
2.
service.
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Emergency repairs to pub1 ic service faci7ities necessary to maintain
3.
or mitigate am encrgerxy. I
Projects undertaken by the City as immediate action necessary to prevent
C. Feasibility and Planntng Studies . A project involving only
feasibility or planning studies for possible future actions which the
agency, board or comnission has not approved, adopted or runded.
Co3sideration is required of Open Space and Conservation factors
identified by the Open Space and Conservation Elements,
d. Prior Coap-liance. -- :-he Planning Director may exempt a project from
the requirenents of this Ordinance in those . cases where the project has
already been processed in accord therewith in
other permit, license or entitlement for the same project.
conjunction with some
1.04 Interpretation an5 Sev@rabi ’i i-ly. ISTFiZ7raTiEtrued to efiGiZuate their puyposes. If any section,
subsection, claus?, provision or portio3 of this 0rdinanc.l is adjLidy96 unconstitutional or invaf id by a court of cornp2tent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
The provisions of this Ordinance shall
1.05 Short Title. Space .Zoni ng Ordinance" . This ORdinance niay be referred to as the "Interim Open
- 2.00 Designation and Effect of Resource Management
2.01 Districts and District
In order to carry out the purposes of this Ordinance, the following di stri cts and syn5of s therefore are created.
District Prime Zen Space and Conservation Areas F!ood Piain and \later Rssource Management District RM- 2 Hillsicis and Soil Resource Managepent District RM- 3
RM- 4 UiriqLte and Special Resour.ce Planagement Dis tri ct RM- 5
Agricultural Resource Hanagemen t District
The boundaries of the Oistricts are shown on naps whose titles correspond to the district names. incorporated as reference as part of the Ordinance and are hereby adopted. Said maps are on file in the Planning Department and are
2.02 District Eaps
The maps adopted as exhibit to this Ordinance shall determine the
boundaries of the Open Space Resource r"2anagement; Districts. shall be known as the "Resource Eknagement Yaps". Any subsequent
amendment of such district maps shall also be a part of this Ordinance.
Such maps
2.03 An:endments' of District Bomdaries .
The City Couricii, nay, after recomn2ndation thereupon by tha Planning
Commission, and in accordance with State lz:,.~, alter or amand the boundaries of the districts established by this Oadinance prav-id?d such alteration or
amendment shall be consistent with the crSteria established by this Ordinance for the inclusion of land within a Resourte blanagement District.
2.04 Interpretation of District 6oundary Lines
When uncertainty exists as to the boundary lines of the Resource
ManageKent Districts estzbl ished by this Ordinance, such boundary lines shall be i nterpre ted in the Sol 1 ow? ng manner:
a. Fhere boundaries appear to follow the center lint? or street or highxay line of a street or highway, bowdaries shall be construed to
follow such lines.
line or street or highway right-of-ldzy line of a street or highway, boundzries shall be construed to parallef such lines.
c.' idhere boundaries appear to follow omership boundary 1 ines, boundaries shall be construed to Follow such lines.
6. klherc boundaries appaar to be approximtely parallel to the center
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d. \here boundaries appear to ref? ect environmzntal and resource mamigemex consideraticns, basndaries shall be construed in a rcanwr whfch is consistent with thc enviromental and resource manarj?.m%t considerations that the boundzry rcf?ects. For th2 purposes of administering this subsection 2.04fE)
the Planning Epartirient shall maintain detailed maps and other information necessary to sh0i.t the envi ronnental or resource management considerations .
which wefe used for the drawing of district boundary lines, and for the inclusion of land within a Resource Kanagemont District. Such maps and information shall be accessible to the public.
e. - P..ny district beunciary line which bisects a parcel shall include in the district only that portion of the parcel which is enclosed in the
district by the boundary line. .
2.05 Other Fermi ts
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No pernit or other entitlement shall be issued by any permit-issuing authority for the use, deve1op;nen-l or alteration of land within a Resource icianageinent District unless the permit applicant presents
evidence of compl -i ance \vi th the standards and regul at? ons of thi s O-rdi nance. Resource , Management PerFit or a statenent by the Planning Coinnrission that a Resource J'lanagement Permit is not required shall be sufficient evidence of compliance with the standards and regulations of this Ordinance.
2.05 Effect of Districts
A. The standards established by this Ordinance for each Resource
Managernent District shall apply to any use, development or alteration
of land included in each district, unless otherwjse spcified in this Ordinance.
8. The Districts established by this Ordinance shall be combined , with the base districts cf thc City Zoning Code and may be conibined with each other. In case or' zny land for which contradictory standards or
regulcitions exist because of the conbining cf Districts, the mcre re-
strictfve standard or regulation shaf 1 apply.
C. The inclusior; of land within a Resource Management District shall
be indicated on maps by the district sychols established by Section 2.01 or any coRbination thereof. For example: W?-1 ,I' or "R?1-13", or "RiiI-"135".
3.00 Defi ni ti ons
For the purpose of this Ordinance, certain terms or words used her2in shall
be intcrprctd as follcws: works in the singular number include the plural number, and words ir! the masculine gender include the fcixinirx gender. datorg, cot permissive, unless the context indicates that a di rxtory maning
is intendccl.
definiticn of terms used in this Ordinance shall be the same as in Section
21.04 of the City Zoning Ordinance.
Idords in the present tense include the future,
The word "shallrf is man-
Unless specified otherwise in tnis Sccticn 3.00, the
Rdjacent _x_-._c to - - Lands sital? be considered adjacent if
they share a coininon boundary line; or if they do not share a . cornicon boundary fine, they are separated on7y by a public r i gh t - o f-way .
by the City Zoning Code. including any combining districts established by. the City Zoning Code.
~---^ Base ilistrict -- - - The. base zoning district established
Cleared Areas - - - Land areas where vegetatidn has been
rentoved to the extent that the native soil is disturbed and
exposed.
on thaxxove or below sea level or other base level of reference.
Elevation -- The vertical distance of any given point
Existina Parcel - - Any parcel as it existed and was definedY-%<:-ndaries at the date of the adoption of this
Ordinance.
General Plan - - The adopted General Plan of the City
of Caasbad including elements, awendments and additions.
Grading - Any alteration of land that increases or
de,creases the existing elevation more than one foot or that
requires the inoving of one hundred (100) cubic yards or more of
earth, with the more restrictive standard to be used.
_- Land Coverage - A manmade structure, improvewent or
covering t4at prevents normal precipitation froiti directly reaching the sirrfact of the land underlying the structure,. improvement or covering. Such structures, iruprovEiiie~ts or coverings include roofs and surfaces paved with asphalt, stone or the like such as
roads. A structure, iwprovement or covering shall not be con- sidered as lcnd coverage if it permits at least 7’5% (seventy-
Five percent) of normal precipitation to reach the surface underlying it.
~- Parcel - An area of contiguous land owned by a person..
Parcel of Record An area of land shown as a separately
bounded area on a recorded subdivision pfat or c!eed, or a number of contiguous areas of land owned by a person all of which are shown as separately bounded areas on a recorded subdivision
plat or deed.
. Person - - - _- _. - An individual, partnership, corporation, business
Slope - The rise or fall of the planar surfacn of the
land n!easuPed as a percent or ratio of hor-izontal distaance to
associate or group of individuals end any govet-niiicfital entity.
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vertical distance.
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4.03
4.01
Tota: ~_- Parcel --__I- F\.rea - The total area of a parcel not including water bodies or exterior streets, highvays or other right-of-
way. Any area not included in a ResoLtrce 9anagement District shall not be a part of the total parcel area of a parcel.
___--__ Use, Development or Alteration - -I Any human activity in- vo?ving the changing of topography of the land., erection of
buildings or structures, the creation of land coverage, subdivision of land, the construction of drainage ways or
conduits, removal or destruction of rare or endangered species
of vegetation or wildlife, the transmission of storm or waste water and any other similar activity; or the maintenance of any
activity upon land.
Vegetation - Any living plant organism such as grasses, chapperel, brush, shrubs, trees.
Open Space and Conservation Resource frlanagement Districts.
Prime Open -- Opace and Conservation Areas (RM-1) and Regulations
4.01.1 - Purpose and Scope - When proposals for redevelopment, zoning or rezoning development is proposed to take place vrhich my have an effect on the area defined in Section 4.07.1.
Special regulations will be utilized to insure that the intent
of the Plan is being carried out whenever possible. It is to
be understood that the standards and criteria established by this
Ordinance would be utilized in conjunction with the standards and regulations of the City's Zoning Code, Subdivision Code and
any other related ordinances, resolutions or policies. In the case of any land for which contradictory standards or regulations exist, the more restrictive standard or regulation shall apply.
4.01.2 - Application - The Rf.1-1 District is shown on Exhibit A, titled Priine Open Space and Conservation Areas; designates those high priority resources (as described in this Ordinance)
that are coinbined to create a logical and comprehensive open space system. It should be recognized that there are many minor open sp8ce areas in the City which collectively serve to provide
additional significant open space to the ci-tizens, even though the are fiot individually large enough to be mapped or desci-ihed. The
requirewents of this 9rdinance shall apply to, but not be linrited to the following areas shown on said-map and exhibit:
1. Existing school and park sites. 2. Proposed Regional Parks and other major recreational
areas including go1 f courses. 3. All marine waters, tital flats, lagoons, marshes and
estuaries. 4. Floodplains and major waterways. 5. All land and bodies of water necessary for the pre-
servation of wildlife habitats and unique and desirable
~~~ef~SABTicant grove areas.
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7. Airport flight approcch and take-off zones. 8. Water reservoir sites. 9. Utility corridors .
No per'mit shall ie granted by the City for the use, developme,nt or alteration of land identified on the map titled "Prime Open Space and Conservation Areas" until the
grantee presents evidence of compliance.with the standards
and regulations of the Open Space and Conservatjon Resource-
Ilanagcinent Plan.
4.01.3 Development Standards - The following standards shall apply io
any use, development of alteration of land in the Rfl-1 area,
prbvided howeve; that such standards shall not apply to the-
development of one single family dwelling unit on a parcel of
record at the tinie of adoption of the Open Space and Con-
servation Elenlents of the Carlsbad General Plan.
A. For any use, development or alteration of a parcel land coverage shall not exceed-twenty tive (25) percent of the total
parcel area. ,
~ B. For any use, development or alteration of a parcel at feast
sixty (GO) percent of the total parcel area shall be maintajned in a iiianner \qhich protects and conserves the natural resgurces potential o'f the parcel.
C. The buildin9 height, minimum lot sizes and setback standards
specified by the underlying zoning may be increased or decreased
if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and
intent of this Section.
D. For any residential use, development or alteration of a
parcel included in this zone, the follo\:!ing building typs are
pcrriitted: single family detached dwelling units, duplexes 2nd multiple-family dwelling units; provided however that maximum
number of dwelling units that wou7d be permitted pursuant to the standards of the base zone in which the use, development or alteration is located. However, dwelling unit density'and the intensity of development indicated therein may be reduced if
dictated by the following land carrying capability considerations:
topoqraphy (slope) qeofoqy (slide, soils) access (avai 1 at-ti 1 i ty of road access }
public facilities and services (availability) ground cover o F proposed improverents
scenic values ecological values
E. Coniiriercial and industrial developrnent, pub1 ic facilities, arid other uses permitted in open space areas, not generally considered open space uses, shall only be approved after full evaluation of the above listed land carrying capbility considerations.
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F. Signs in Open Space areas shall be l-i!riited to those essential to safety,
pub1 jr: convenience, and identification of structures, historical sites, etc.
G. included in this district that is found to have a significant adverse
environiiiental impact.
No permit shall be issued for any deve1opir;ent or alteration of land,
b
4.02 .-- Floadvlain and \dater Resource Management District (RM-2) and Regulations ---
402.1 - Purpose and Scope ______--
A. Floodplains - to protect life, min-imize public risk and prevent
or reduce potential Flood damage of property.
5. basta1 Area and Lagoons - to preserve and protect the coastline and lagoons, distinct and valuable natural and scenic resources.
C. Bodies of Water and Yajor Watercourses - to preserve and protect
bodies of water 2nd najor-watercourses as unique and necessary components of the $pen Space and Conservation Resource ivlanagement Plan, to optimize their recreational and aesthetic potential.
_I.-_- Apolicztion - A.
and Water Resource !lanagemeat District designating the folloviing areas:
4.02.2 The RM-2 District is shoim on Exhibit €3 titled Floodplain
1. Floodplains - Land adjscent to a water course which is subject to inundation during a "I00 year flood." Floodplains include a floodway which is defined as that portion of the floodplain that is reasonably required for the passaqz'of flood waters of a given magnitude. The precise locations of these areas shall be as determined by the U.S. Army Corps of Engineers, the San Diego County Department of Sanitation
and Flood Control, or the City Engineer.
2. Coastal Area and Lagoons - coastal and lagoon water areas and all land adjacent to and within one hundr-ed (100) feet of the established vegetation line or other defining element of the high water line of said waters or from the crest line of an adjoining bluff or cliff
if one exists:
3- Bodies of Nater and Kajor Watercourses.- Areas to be included in this district include all lakes, ponds, reservoirs, streaim, creeks and
major drainage courses and all lands adjacent to and within one hundred (103)
feet of the hish \?rater line of said bodies of water and the centerline of the desi gnated watercourses.
3. No permit shal'l be granted by the City for the L!SI?, developinent, or alteration of land, identified on the nap titled "Prime Open Space and Conservi! t ion Areas" until the qrantec presents evidence of coilljJ1 iancc
with tbe standards and regulations of thc Open Space and Conservation Kesource Ilanacjeiwnt Plan.
4.02,3 Deve? opmnt ___I__ Standards
A. Floodplain
7. - Uses within a floodway shall be liniited to those which would not
h-inder the free flop! of flood waters and would maintain as natural of
an appearance as possible.
2. the underlying zoning district and shall be designated in such a way
4s to minimize possible flood darvage.
Uses withi:i a floodplain shall be limited to-those permitted uses of
3.
applicable Federal, State and Local requirements. Any devefopnient within a floodplain shall comply with all
B. Coastal Areas and Lagoons
’I. district, it shall be denionstrated that the development is’ consistent
with the goals, policies qnd objectives established in the Open Space
and Conservation Elements. .
Prior to the issuance of any permits for development within this
2. total parcel area. Land coverage shall not exceed twenty-five (25) percent of the
3. The building height, rnininium lot sizes, and setback standards
specified by the base zoning district may,’ be increased or ciecreased if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of these standards.
4. For any residential use, developmefit or alteration of a parcel
included in this district, the fo113iJiny building types are permitted; single-family detached dwelling units, duplexes, and multiple-faniily
dwelling rini ts; provided, ho:.:evcr, that the mitximiim number of dwelling uni ts permitted ~ou7d b2 established by the base zoning district in which the use, developnient or alteration is to be located.
5. thSs district that is found to have a significant adverse ewironmental i in pa c t .
No permit shall be issued for any development or alteration within
6. Fcderzl ,State and local requirements.
Any development within this district shall comply with all applicab?:
7. Until plans are presented to the City that demonstrate the de- sirability of an alternative course of action, the City of Cai.lsbad shall protect tho public’s interest in the lagoons and adjacent lands
by (?) preserving Briena Vista Lapoon as a vistial resource and wilctlifc preserve and encouraging the estab’l istlinent of a Regiona? Park, (2) preserving and promoting A9ua Hedioncla L.acjoon as a visual and active water recreation resource and encouraging the establ ishierit of a
Regional Park, and (3) keeping future options open for uze of Gatiquitos Lagoon as a multi-purpose recreation facility (private and public owcrship and nianacjerrient) and encourayinq the establ i shincnt of a
Keg i una 1 Park. .
C. Bodies of ?!ater and Najor Katercourses
1. No use, development or alteration shall be undertaken ~nt51 it is
demonstrated that such use, developnent or alteration is consistent with the goals, policies and objectives established in the Open Space
and Conservation Elements.
2.
natural drainage patterns and preserve the area in as natural of a state as possible.
3. Land coverage shall not exceed twenty-five (25).percent of the total parcel area.
All development shall be designed to minimize the channelization of
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4. The building height, minimum lot sizes and setback standards specified by the base zoning district niay be increased or decreased
if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the pilrpose and intent of these standards.
5. For any residential use, development or alteration of-a parcel
included in this district the following building types are permitted :
single-family detachzd dhelling units, duplexes and multiple-family dwell ing units ; provided however,. that the maximum number of dwell ing units perinitted would be established by the base zoning district in which the use, developriient or alteration is to be located.
6. No permit shall be issued for any developirient within this district that is found to have a significant adverse environmental impact.
7. Any development within the district shall comply with all applicable Federal, State and local requirenrents.
Hi1 lside and Soil __- Resource Management -- - District (RM-3) -- and Regulations --- 4.03
4.03. i Purpose and Scow ----------.-.-.-A
To preserve the identity of those areas of the City with unique topographic features.
4.03.2 Application --
The K;l-3 district is shown on Exhibits C-7, C-2 and C-3, titled Hillside
and Soil Resource frianageinent District,, designating thefollowing areas :
All lands with an average slope ratio of greater than 15%, provided homver, that the standards shall not apply to the development of not more than one sing7e-faini 7y dwell i ng unit and accessory bui 1 dings on a parcel of record at the date of the adoption of the Open Space and
Conservation Elements.
4.03.3 Development -- Standards I_--
A. Any use, development or alteration of a parcel shall havz a minimurn average arriount of land area per dwelling unit and a maxiinuiii anjount of land coverage as calculated by the following rules:
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in
1) For th~ purposes of this section the average slope of arty
any parcel shall be deteriflined by the formula -___-. S=.00229XIXL where:
S is the average slope expressed A
as a percent; I is contour interval in feet; L is the combined length of contour lines in feet; A is the total parcel area in
acres.
Calculations of the average slope, S, shall be prepared by a registered civil engineer or land surveyor.
2) coverage r;n a parcel shall be determined by the following table: The minirnuin land area per dwelling unit and maximum land
Average Slop? (7:) - 15-25 25-30 30-35 35-40 -- 40-45 45-50 Over 50
L
7500 10030 20003 1 3 5 10
Sq. Ft. Sq.Ft. Sq.Ft. Acres Acres Acres Acres
Mi n imwm Land Area/
byel 1 i ng Unit
Maximum . 40% 35% 30 % 25% 20% 10% 5%
Land Coverage (X of Parcel)
8. by the base district niay be increased or decreased if such an increase or decrease is necesszry for the compliance of a proposed use, development or alteration with the purpose and intent of this sectian.
The bu-ildipg height, minimim lot sizes, and setback standards specified
C. For any residential use, developnent or alteration of a parcel included in this district, the following building types are permitted:
single family detached <;.del ling units, dupfexes, and mu1 tiple-family d!:lelling units; provided however, that the maximum number of dwelling mi ts thzt would bc pernitted pursuant to the standards of the base district in
which the use, development or alteration is located.
D. graded areas not covered by irripervi ous surface shall be stabi 1 i zed by’ vegetative means approsled by the Planning Department, No final approval
of construction shajl be given unless there is evidence of eighty (80) percent land coverage by vegetation and a program of landscape maintendnce to assure continued growth and effectiveness of vegetation which has been
approved by the Pl anni ng Departinent.
Within six inonths after the comxencement of grading activities, all
E. Vegetative coverage and stahif ization of graded areas shall be stllected
and designed to be coiilpstible with surrounding natural vegetation or to replace rei;ioved natural vegetation and should recognize climtic, soil, and
ecological characteristics of the reqion. Plant malerial that requires excessive water after hccor?iing established should be avoiclccl. Y
4&M e.
F. . Siting arid location of all roads, buildings, and other structural
improvewnts or land coverage shall be designed to fit the natural topography and shall miniriiize grading and modification of existing land . forms and na tural cha rac teri sti cs a
G.
terraced building sites which are contrary to the natural land forrxs, substantially detracted from the scenic and visual quality of thecity or substantially chanqe the natural charactcristics of existing rnajor water courses, established and mature live oak, doniinant vegetative comiunitics, or habitats of endangered species of wild life.
No use, developrnent or alteration shall create unifoym, geometrically
ti. No perriiit shall be issued for any development, use or alteration within
this district that is found to have a significant adverse environiuental impact.
I. Slopes of more than 15 feet in vertical height shall be planted
with shrubs and trees at appropriate spacing in addition to the grass or ground
cover plants. the soil and climatic conditions of the site. Plants selected should be approved by the City as suitable for
-J. All slopes required to be planted shall be provided with an appropriate
system of irrigation. all portions of the slope. A functional test of the system may be required. These irrigation systems shall be designed to cover
K.
if it is shown that due to the type of plants, the planting methods uses,
and the soil and cliiriatic conditions at the site, irrjgation will not be necessary for slope planting maintenance.
Nodifications of slope irrigation requireinents may be made by the City
L. Federal , State and 1 oca1 requi renients . Any development within this district shall comply with a17 applicable
4.04 Manageii:ent - District -- (RY-4) and - Regulations I_
4.04.1 ' Purpose and Scope - To prevent the premature elimination of prime agri cul tural 1 and and preserve sai d I ands wherever f easi bl e.
4.04.2 Resourcc?,lanagen;ent District, designating the fol low'ing areas:
Apjlication ---- - The RM-4 district is shoi?rn on Exhibit D, titled Agricultural
1. A11 lands with an agricultural productivity rating of Class I and I1 as deterrnined by the United States Soil Conservation Service or equivalent
ratings by the State Division of Agriculture.
2. All lands being used or which were used in the year prior to the adoption of tkc Open Space and Conservation Elenicnis for the production
of cul tivatcd or orchard crops; provided, however, that this subsection shall not be interpreted to include lands used primrily for grazing or production of 1 ivestock, poultry or other aniiiials.
3. All lands where use is restricted hy contract in provisions of the Gal i fornia Land Conservation Act of 1965
C;iI ifornii! GCIV~:~I~,,PIIL Coctt?, Sections 5120~1-5.1295) shall
included in the 2M-3 drea.
accordance with
(\ai 11 i ainson Act,
a u t orria t i c if 1 1 y
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4.01.3 Developiiient Staridards
The folloiliing standards of developnmt shall apply to all lands inclvded
within the district, prcvided, hor.wer, that such standards siiatl not
apply to the development of not more than one single-family dvelling unit .on a parcel of record at the date of the adoption of the Open .
Space and Conservation Elements which is smller than twenty (20) acres
in total parcel area:
A. For any use, development or alteration of a parcel, included in this
district land coverage shall not exceed txenty-five (25) percent of the total parcel area, provided, however, for any parcel included in this
district and included in a "General Agriculture" or ttExclusive Agriculture' base district, land coverage shall not exceed ten ('TO) percent of.the
parcel arei.
B. For any use, development or alteration of a. parcel included
in this district, at least forth (43) percent of the uncovered land shall be in one contiguous parcel of a shape and size suitable
for agricultural uses that are compatible with the characteristics of the land and any non-agricul tural use of the parcel. percent of the land preserved for agriculture by this subsection may be covered by not more than one single family dwelling unit and
accessory buildings and structures and inprovencnts used in connection with the agricultural use of the land.
Ten (10)
C. The buitding height, m'nimunii lot sizes and setback standards specified by the base district may be' increased or decreased if such
increase or decrease is necessary for the compliance of a propos2d use, developnent or alteration \vith the purpose and intent of this section.
9. i ncl uded. in thi s di stri ct
single family detached dwelling units, dirplexes and multiglc family
dwell ing units . Provided, however, that the maximum number of dwel I i ng units shall not exceed the maximm nunber of di*ielling units that would
be permitted pursuant to the standards of the base districts in which the use , devel opixn t or a1 tera ti on i s 1 ocated.
Fpr any residential use, deve'lopment or alteration of a parcel the foil olri ng bui 1 cii ng types are perrrii tted :
E. of land included in this district that is found to have a signi.ficant
adverse environ:nental impact.
5;Io permit shall be issued for any use, development or alteration
F. Any development within this distr.ict shall comply with all
applicable Federal, State and loci:7 requirements.
NOTE: This section is not to be construed to mean that parcels nieeting the Ct--iterja
of the Agricultural Resource Management District rust be developed in an
agricul tural use, but is intended to perserve those agriculturally prodtic ti :'e soils so that future options wili not be irrevocably committed. c
17
A. habitats and areas of unique and desirable vegetation. 4!iiciiife and Vgetation - to minimize the elimination of wildlife
B.
the City most suitable for recreational purposes.‘
Recreation Lands. - To conserve, develop and utilize those areas of
C.
unique and special open space functions including, but not limited to, visual amenities, landmarks and buffers between incornpatible land uses.
Aesthetics and Form - To perserve those areas of thecity that provide
4.05.2 Qlication - The Rbl-5 district is shown on Exhibit E, titled UniFde and Special Resource i4anagement District, designating the
fol lowi ng areas :
A. Eildlife and Vegetation - All land and water areas defined as
wildlife habitats or which possess unique and desirable vegetation.
6. Plan delineates all lands presently secured for recreation and all
lands proposed to be secured in order to establish a comprehensive parks and recreation plan for the City.
Recreation Lands - The Parks and Recreation Element of the General
C. Aesthetics and Form - Areas possessing unique visual amenities, areas utilized to buffer incompatible land uses and major landmarks.
4.05.3 - Development Standards
1. migratory birds, shall be preserved. keas which sustain rare or ,endangered wildlife, including
2. shall be designed in such a vidy as to mitigate its impact on these resources wherever possible.
3. unique vegetative areas will be identified and a program to
minimize their elimination shatl be adopted.
Development within areas of unique and desirable vegetation
As a part of any development process, wildlife habitats and
B. Recreation Lands
lilhere the map titled “Prinie Open Space and Conservation Areas’lindicates greenbelts, water courses and linkages
less than one hundred (100) feet in width shall be provided for pgblic recreation and access. ten (IO) percent of the total parcel size, the City shall compensate the
owner.
__I_
1. an easement not
if the gross area of such an easement exceeds
-14-
2. ?ilajor places of en:p1 oyrwnt shz11 h?vc- recreational faci 1 ities or
oilen space availablo for their employees.
3. Creeks, utility easements, and other open space areas shall be
utilized as part of an overall master plan for parks and recreation
faci 1 i ties.
4. Open Space lands held by the public for recreational use shall be
accessible and should be provided with essential utilities, public 'facilities and services.
C. Aesthetics and Form - The following ares,s sh6ll be identified and
preserved as open space vherever poss i bi e.
1 . provide visual and physical relief to the Cityscape in the form of natural contrast to the built-up, rr,an-n?ade scene.
Hi 11 si des, !ii 11 tops , Val1 eys , beaches, 1 agoons and 1 akes that
2. Open Space areas which define neighborhood, district and Cit.y i dent i ty .
3. Unique topographical features or natura3 rock outcroppings and other notable 1 andrnarks.
4. Areas of significant historical value.
5. Prime vista sites;
6. Scenic and historical corridors (refer to the Scenic Highways Element of the General Plan).
NOTE: A visual analysis of the City, includinq inajor vieus, significant lines-of-sight, etc., shall have to be undertaken to determine which of the above areas shall . be included in this district.
-1 5- .
5.00 Subdivision ox- Division of Parcels
5.01 Pe,mrni t s
Irrespective of any other section of this Ordinance, a
Resou.rce Management Permit is required for the use,
developxent or alteration of a parcel included in a
R2source Management District if such parcel was created
by subdivision of an existing parcel, and the fee in-
terest in tbe parcel created by subdivision is held by
a person other than the persons who held fee interest ’
in the parcel at the tin? of its creation by subdivision;
provided, however, that this Section shall not apply to
any parcel created by subdivision of an existing parcel
whSch was twenty (20) acres or less in total parcel area
and included only in the Agriculture Resource Management:
District (RN-2). ..
5.02 Recordation
When any parcel included in a Resource Management District
is subdivided, the deeds, tentative and final maps and
any other recorded documents for that parcel shall indi-
cate the restrictions concerning land coverage, average
amount of land area per dwelling unit, building site
area, setbacks, height Limits, parcel configuration,
reservation of uncovered land, and easements imposed
. pursuant t6 this Ordinance and the allocation of land
coverage and allowable number of dwellixg units among
the several parcels created by subdivision of a parcel.
5.03 Calculation of Land Coverage and Densities
A.
B.
C.
D.
The standards of this Ordinance relating to land cover-
age, reservation of uncovered land for agriculture or
natural resources and average amount of land ccverage
per dwelling unit shall be calculated, using as a basis
the total gross area of existing parcels, irrespective
of any subsequent subdivision.
The sum total of land coverage on all of several parcels
created by Subdivision of an existhg parcel shall not
exceed the maximum number of dwell5ng units which would
be permitted on the existing parcel.
The sum of dwelling units on all of several parcels
created by subdivision of an existir?g parcel shall not
exceed the maximum number of dwelling units which would
be permitted on the existing parcel.
The sum total of the uncovered land reserved-for agri-
calture or natural resources on all of several parcels
created by subdivision of an existing parcel shall not
be smaller than the amount of uncovered Land which would
be required for the existing parcel. .
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other r2s~rict.ion or standard of this Ordinance.
Open Space Resource &"sent Permit
6.01
6.02
6.03
6.04
IT'nen Required .
An Open Space Resource Management Permit will be
required €or any use, development or alteration of
land identified by this Ordinance or for which the
requirentenils of the City of Carlsbad Environinsntal
Protection Ordinance of 1972 apply. Irrespective
of any other section of this Ordinance, no permit
shall be required for any non-conforning use that
is alloved to continue by Section 9.00; or for any
minox modification or alteration of existing Land,
structures, or buildings which involves new land
coverage of less than two hundred (ZOO) square
feet. The fact that an Open Space Resource Xanage-
nient Pemit is not required does not preclude the
City froin enforcing the provisions of this
Ordinance through appropriate legal actions.
Information Required
A. \?here any law or government authority requires
an environmental irnpact repGrt such reports
shall acconpany a permit application.
E. The Planning Director may require that zny
information necessary to demonstrate compliance
with the applicable standards of this Ordinance
accompany a pe-mit application.
Coxnbir?ed Applications and Permi.ts
If land is in more than one Resource Nanagement District,
applications for Resource Nanagement Pc-mits shall be
combined and the determination as to whether permits
will be issued shall be. treated as if the application
were for only or,e Resource llanagement District. If a
permit is issued, it shall be for all Resource Manage-_
ment Districts in which the applicant's land is included.
Eo combined permit shall be issued unless all applicable
standards have been complied ~ith.
Effect of Permit Issuance
It is the policy of the City Council in enacting this
Ordinslnce that all possible efforts be made to coordinate
the issl;ance of Open Space Resource Xanagement Permits
with the issuance of perinits required by other City
encities ii1 order to pronote efficient and conprehensive
ndrninistration of all City ordinances and to alleviate
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adninistrative problems for the pmit applicant.
To forward this policy, the Planning Commission
shall, to the sxtent feasible, consult with other
gok mmen t a 1. entities whos E t e chn ica I knowledge would
be helpful to the determinations made pursuant
’ to this Ordinance or where other permits must be issued
in order for a permit applicant pursumt to this
Ordinance to undertake any use, developmeat, or alteration
of his land. Such governmental entities shall
-include b-clt are not limited to Coastal Conservation
Comission and the County Air Pollution Control
Board.
confers no legal right to use, develop or alter any
land.
The issuance of a Resotlrce Management Permit
6.05 Pernit Procedus
A. An Open Space Resource Management permit shall be
obtzined upon application by the proponent or
determined by the.Planning Director that it use,
development or alteration of land involves:
.when
1. A discretionary permit as required by other
City Ordinance
2. A ministerial permit where the subject parcel .
for which a permit is being requested, is
determined to be in an Open Space Resource
Man agenent Zone.
€3. Determinations concerning applications for permits
shall be set down in writing and shall. state briefly
the reasons for any actions taken.
C. Determinations concening applications for pennits shall
be made within sixty (60) calendar days of the filing
of the permit application.
6.06 Standards for Issuance of Permits
A. If an applicant for a pemtit has not submitted the
infonnation or environmental impact report which
may be required to accoKpany’a permit application
pursuant to this Ordinance, the Planning Coxmission
shall deny the permit application and no permit
shall be issued.
E. When an environmental impact report is required, the
applicant shall demonstrate thac any significant
adverse environmental impact has been mitigated to
the fullest extent fensiblc.
1. If the Planning Comission finds that all
significant adverse environmental impacts
feasible and that all other applicable per-
havi~ been miti;.,atcd to the fullest extent .
-18-
0 0 forxancc standards oE as einence have been
coinplied with, the Coxmission shall approve the
permit application.
2.
3.
If the Planning Cormission fizds that all
s i 671 i f i c ant adve r s e cnv i ronme n t a 1 imp ac t s ti av e
not been mitigated to the fullest extent feasi-
ble, the Commission may impose such conditions
and restrictions as may be necessary to miti-
gate silch adverse impacts to the fullest extent
feasible. Such condltions and restrictions nay
decrease the density or intensity or the proposed
use, development or alteration if such a decrease
will mitigate the adverse environmental impacts.
Upoa acceptance by the applicant of 'such condi-
tions and restrictions and if thi. Planning Commission
finds that a1 l other applicable perfonlance standards
have been complied with, the Conmission shall approve
the permit application end issue the permit.
If the Planning Conmission finds that all signi-
ficant adverse environxental impacts cannot be
mitigated by the imposition of conditions and
restrictions, the permit application shall be
denied.
C. Then an environmental impact report is not required,
if the Planning Conmission fiads that all other
applicable perforinance standards of this Ordinance
have been complied with, the Conmission shall approve
the permit application; otherwise, they shall deny
the permit application and no permit shall be issued.
6.07 Environmental Impact Reports
If any use, development or alteration for which 2
Resource Na;-azer;?ent Pennit: is reqxired fo file an
environmental inpact report, a negative declaration
that the proposed use, development or alteration will
have no significant adverse environnental~ impact shall
not be accepted by any City public agency in lieu of
an environmental impacf report without the concurrence
05 the Planning Commission.
7.00 Appeals to the City Council
.
A. The determination of the Plaxning Conmission in
connec t ion ~7i th Resource bIa nagement Pe mi t s ,
Variances and Exceptions shall become final after
a period of ten (10) calendar days unless an
appeal. to the City Council is filed therefrom.
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3.
c.
D.
@ ~ny appeal not filed wia. t@ ten (10) day period
shall not: be considered. The filing of an appeal.
stays proceedings in the matter.
Any person may appeal the determinations of the
Planning Comiission in connection with Xesou~ce
Manageinent Permits, Variances , or Exceptions -
The appeal shall set forth the manner in which the
determination fails to conforn to the standards of
this Ordinance or any other applicable law, or why
any conditions are improper.
Consideration of the appeal shall be at a public
hearing not more than thirty (30) days subsequent
to the date the appeal is set for filing. Heerings
may be continued until a later date within a reason-
able time period of the first hearing.<
E.
F.
G.
Notice of such public hearing shall be provided by
the Planning Director in the manner prescribed by
the City Zoning Code to the appellant, to the
owner of the property with which the appeal is con-
cerned and to a11 persons orxiling property within
three hundred (300) feet of the exterior boundaries
of the property with which the appeal is concerned.
If the City Council determines that the determination
of the Planning Commission is one which:
1. Fails to conform to the standards of this
Ordinance or any other applicable la1.7;
2, Imposes improper conditions;
it shall reverse or modify, in whole or in part,
the determira tion of the Planning Comnission,
otherwise the City Council shall affirm the deter-
minat-ion of the Planning Commission.
If the City Council fails to act on rhe appeal wfth-
in thirty (30) days of the date the appeal is set
for filing, such failure to act shall be automatically,
deemec! an affirmance of the determination of the
Planning Conmission, provided, however, that the City
Council may, by resolution, extend the date of auto-
matic affirmance for a reasonable period of time.
8.00 Variances and Exceptions
8.01 Variances
A. Applications for variances shall be to -the Planning
Comission.
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8.02
d
C.
D.
E.
of the applica C. Lon =L a public neeting
or public hearing shall bc set for a date not niorc
tkan thirty (30) days scbsequcnt to the date the
application is set for filing. €Tearings may be
concinued until a later date within a reasonable
tine of the first hearing.
hearing or meeting shall be provided in accord-
ance with Section 7.00.
Notice of such public
Variances from the standards of this Ordinance shall
be granted only if the Planning Comission finds
that because of special circumstances appl-icabfe
to the property, including size, shap-7, topography,
Location of surroundings, the strict application
of the standards of this Ordinance deprives such
property of privileges enjoyed by other property
in this vicizlity, and in the same Resource Mancgement
District. Any variance granted shall be subject
to such conditions as will assure that the adjustment
authorized will not constitute a grant of special
privileges inconsistent with the limitations up03
other properties in the vicinity and in the same
Resource Management District,
Th-is section shall be literally and strictly in-
terpreted and enforced so as to protect the interest
of the public in orderly growth and development of
the City and in the preservation and conservation
of resource ma-nagement and open space lands.
Determinations by the Planning Commission in con-
nection with variances shall be set down in writhg
and oembers of the Comission may state reasons
€or their actions. Determinations by the Planning
Co:mission in concection with variances shall be
made within a reasonable time period from the date
of hearir,g or contiriuance thereof.
Appeals to the City Council shall be pursuant to
Section 7.00.
Except ions
A. Applications for Exceptions shall be to the Planning
Comission. Consideration of applications shall be
in accordance with Section 8.01 (b).
E;. Exceptions froni the standards of this Ordinance
shall. be granted only i€ the Planning Comnission
finds Chat the applicant has demonstrated that the
land in question should not have been included in
a Rcsource X'lanagernerit District by the qriteria
established for "Land Included" for that Resources
Management District.
-21-
9.00
nection with Exceptions shall be sei: dom in
wrirlng aid Corrcission members may state brief Ly
the reasons for my actions taken. Deteminations
shall be made with-in a reasonable time period from
the date of hearing or continuance thereor.
Noh-Coil fonning Uses
9.01
9.02
9.03
Uses of land structures that do not conform.to the
standards established by this Ordinance which law-
felly exist at the date of the adoption of Chis
Ordinance and the use, development or alteration of
property vhicti is a vested right under any pemit
on th.e date of the adoption of! this Ordinance may be
continued, transferred or sold. If any such zrse ceases
for a period of one (1) year, subsequent use of such
land sf:al'i. be subject to the standards of this Ordinance
and shall not be permitted to continue as a non-conforming
use.
Ordinary maintenance and repairs may be nade for any
Eon-conforming use and structures associated with that
use provided that such maintenance or repair does not
structurally a1te.r any structure or involve any addi-
tional land coverage.
If any buildirig or structure associated with a non--
conforming use is destroyed by fire or other disaster,
it may be replaced without conformance to the standards
of this Ordinance if tiaenty-five (25) percent or more
of the value of the structure prior to the disaster
rernains after the disaster and the replacement wi1Z
be no larger or involve more land coverage than the
destroyed structure.
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