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HomeMy WebLinkAbout1996-07-16; City Council; NS-365; CMC 21 amends - Local coastal program effective certification...". ll e e w i 1 2 3 4 5 6 ORDINANCE NO. NS-365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION AND AMENDMENT OF VARIOUS SECTIONS AND BY THE THE LOCAL COASTAL PERMIT PROGRAM FOR THE CITY'S LOCAL COASTAL PROGRAMS IN THE MELLO I, 11, AND EAST AND WEST BATIQUITOS LAGOON SEGMENTS. CASE NAME: CITY OF CARLSBAD LOCAL COASTAL ADDITION OF CHAPTERS, 21.20 1-205 ALL IMPLEMENTING PROGRAM EFFECTIVE CERTIFICATION 7 CASE NO: ZCA 95.03 a WHEREAS, the City of Carlsbad has made revisions to the City of Carlsbad' 9 12 regulations to improve their utility. ' ' existing zoning ordinance (Title 21 of the Carlsbad Municipal Code); and to update or augr ' o Coastal Program Implementing Ordinances in order to fit these ordinances within the structw WHEREAS, the City of Carlsbad requests that the Coastal Commission inch ' 3 11 revisions as "De Minimis Local Coastal Program Amendments" (under Section 30514 (d 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Public Resources Code) as part of the Executive Director's Determination in accordance wit1 13 Section 13544.5 (b) and (c) of the California Administrative Code. NOW, THEREFORE, The City Council of the City of Carlsbad, Califom ordain as follows: SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal amended by the addition of Section 2 1.04.107 to read as follows: "2 1.04.107 Development (In The Coastal Zone). Development: (within the Coastal Zone) means, on land, in or under water, the plac erection of any solid material or structure; discharge or disposal of any dredged material ( gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extractio materials; change in the density or intensity of use of land, including, but not limited to, sul pursuant to the Subdivision Map Act (commencing with Section 66410 of the Governme1 and any other division of land, including lot splits, except where the land division is brought connection with the purchase of such land by a public agency for public recreational use; c the intensity of use of water, or of access thereto; construction, reconstruction, demo. alteration of the size of any structure, including any facility of any private, public, or r! utility; and the removal or harvesting of major vegetation other than for agricultural purpc harvesting, and timber operations which are in accordance with a timber harvesting plan s pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commenc Section 45 1 1). As used in this section, ltstructUre'l includes, but is not limited to, any building, rc flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and dir 1 I Y 0 0 1 1 amended by the addition of Section 21 -33.01 5 to read as follows: 2 line." SECTION 11: That Title 21, Chapter 21.33 of the Carlsbad Municipal ( 3 "21.33.015 Carlsbad State Beach. Developments on Carlsbad State Beach will require permits subject to the requirerr 4 the certified Local Coastal Program. The Local Coastal Program certified a coastal SI development overlay zone applicable to Carlsbad State Beach. It also established policies 5 overall Master Plan for the area." 6 SECTION 111: That Title 21, Chapter 2 1.38 of the Carlsbad Municipal Code 7 is amended by the addition of Section 21.38.141 to read as foIlows: 8 Segment. g "21.38.141 Additional Standards: Rancho La Costa. Batiquitos Lagoon Watershed. NOTE: Applies only to Rancho La Costa, Hunt Properties, covered by the Mellc The contents of the Master Plan as described in Chapter 21.38.060 shall incl 10 following additional information required below and be approved in accordance with the fc additional development standards: limited to land divisions) require a coastal development permit subject to the requiremenl 12 zone. All uses in this zone are subject to the procedural requirements of Chapter 21.201. Pr 13 simultaneously with the approval of any division of land or any other development, a mastel 1 6 Capability Classification System of the Soil Conservation Service) shall result in an a1 (1) Agricultural Land (with soils rated at I through IV under the L: 15 maximum density of development as follows: (b) Maximum Density of Development. The Master Plan shall be approved sub 14 provisions of this chapter. development for the property called Rancho La Costa shall be approved in accordance 7 of 6 units per acre. 21 (6) All areas with a slope of less than 10% shall result in a development intensity of 2 dwelling units per acre, 20 (5) All slopes greater than 10% but less than 15% shall result in a deve intensity of 1 dwelling unit per acre, 1 g (4) All slopes greater than 15% but less than 20% shall result in a deve intensity of 1 dwelling unit per five acres, 18 (3) All slopes greater than 20% but less than 25% shall result in a deve of 1 dwelling unit per ten acres, 17 (2) All slopes greater than 25% shall result in an allowable development j intensity of development of 1 residential dwelling unit per 10 acres, The Master Plan shall include a topographic map at a scale suff 22 determine the above but no less than 1 "=100 feet having a contour interval of 5 feet with delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the typ 23 erodibility, and class based on the Land Use Capability Classification System of Conservation Service shall be submitted in the same scale as the slopes. The Master Plan sl: 24 the computation of the densities and acreage of soils of the various classes and erodibility. 25 The plan required as a part of the Master Plan shall be certified as acc a registered engineer or other qualified professional to be true and accurate containing re 26 accurate estimates of the amount of cut and fill. The plan shall show the existing and the topography of the ground to be graded and filled, including a site plan of the proposed resic 27 commercial development in the same scale so that it can be superimposed upon the topograp 28 (c) Drainage and Erosion Control. Any development proposal that affects stet 11 (a) Permits-Required. Developments as defined in Chapter 2 1.04.107, (including r) ll L a 0 0 w 1 slopes. Steep slopes are identified on the PRC Toups Maps. The slope mapping and analys (25% inclination or greater) shall be required to prepare a slope map and analysis for the 2 be prepared during the CEQA environmental review on a project-by-project basis and s 2 3 required as a condition of a coastal development permit. (1) For those slopes mapped as possessing endangered planthima1 4 andlor coastal sage scrub and chaparral plant communities, the following policy language apply: 5 (A) Slopes of 25% grade and over shall be preserved in their natur unless the application of this policy would preclude any reasonable use of the property, i~ 6 For existing legal parcels, with all or nearly all of their area in slope area over 25% case an encroachment not to exceed 10% of the steep slope area over 25% grade may be per 7 encroachment shall be limited so that at no time is more than 20% of the entire parcel (ir 8 areas under 25% slope) permitted to be disturbed from its natural state. This policy shall nc to the construction of roads of the City’s Circulation Element or the development of utility s: g Use of slopes over 25% may be made in order to provide access to flatter areas if there is environmentally damaging alternative available. Developments shall occur on lots that have their total area in excess of 25% slope unless a ’ ’ Unit Development is proposed which limits grading and development to not more than lo? 12 total site area. (C) Slopes and areas remaining undisturbed as a result of the 13 review process, shall be placed in a permanent open space easement as a condition of deve approval. The purpose of the open space easement shall be to reduce the potential for 11 14 erosion and slide hazards, to prohibit the removal of native vegetation except for creating fi1 and/or planting fire retardant vegetation and to protect visual resources of importance to tl 1 5 community. (2) For all other steep slope areas, the City Council may allow exceptio1 l6 above grading provisions provided the following mandatory findings to allow exceptions are 17 (A) A soils investigation conducted by a licensed soils engir determined the subject slope area to be stable and grading and development impacts mitiga 18 at least 75 years, or life of structure. (B) Grading of the slope is essential to the development intent and 19 (C) Slope disturbance will not result in substantial damage or alte 20 major wildlife habitat or native vegetation areas. (D) If the area proposed to be disturbed is predominated by stee 21 and is in excess of 10 acres, no more than one third of the total steep slope area shall be SI 22 (E) If the area proposed to be disturbed is predominated by stee 23 and is less than 10 acres, complete grading may be allowed only if no interruption of si: wildlife corridors occurs. 24 (F) Because north-facing slopes are generally more prone to problems and in many cases contain more extensive natural vegetation, no grading or rer 25 vegetation from these areas will be permitted unless all environmental impacts have been m 26 Overriding circumstances are not considered adequate mitigation. (3) Drainage and runoff shall be controlled so as not to exceed at any timc 27 associated with property in its present state, and appropriate measures shall be taken on and/c 28 10 (B) No Mer subdivisions of land or utilization of Plannt major grade changes. to prevent siltation of lagoons and other environmentally sensitive areas. ll 3 1. e 0 1 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 (4) The appropriate measures shall be installed prior to onsite grading. (5) Modification of these standards and criteria may be granted to port properties where strict application of the standards and criteria would, even after applica clustering and other innovative development techniques, result in less than one-half development potential that would be attainable under the maximum density of devel specified in(b) above. Such modification shall be limited to the standards and criteria expre: (c)(l)(A) above, and shall not exceed that necessary to the attainment of said one-half development potential. Where such modification must involve grading or other disruption of 1 20% slope or greater, such grading or disruption shall be limited to not more than one-fowtl land area of the property which is of 20% slope or greater. In selecting areas within the property of 20% slope or greater which subject to modification of standards and criteria, lands with the following characteristi receive preference. Land with the lowest relative degree of environmental sensitivi 0 Land with the relatively gentler slopes. 0 Land which will require the least amount of cut and fill, a] 0 Land with the least amount of visual impact when viewed 0 Land which, when graded and developed, would have tl which runoff and erosion can be most effectively controlled. circulation element road or public vista point. environmental and visual impact on the steep-sloped land form upon which such gra development is to take place. (6) A site specific technical report shall be required addressing the CUI effects of developing each subwatershed and recommending measures to mitigate both i~ runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosion Ordinance contained in the Master Drainage Plan, with the additions and changes adoptec such that a natural drainage system is generally preserved for the eastern undeveloped Waf but that storm drains are allowed for those western portions of the watershed which have been incrementally developed. (7) Mitigation measures tailored to project impacts and consistent with th of cumulative development shall be implemented prior to development in accordance following additional criteria: (A) Submittal of a runoff control plan designed by a licensed qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate developed site over the greatest discharge expected fiom the existing undeveloped site as a a 10-year frequency storm. Runoff control shall be accomplished by a variety of n including, but not limited to, onsite catchment basins, detention basins, siltation traps an dissipators and shall not be concentrated in one area or a few locations. (B) Detailed maintenance arrangements and various alternat providing the ongoing repair and maintenance of any approved drainage and erosior facilities. If the offsite or onsite improvements are not to be accepted or maintained by (C) All permanent runoff and erosion control devices shall be d ~ agency, detailed maintenance agreements shall be secured prior to issuance of a permit. and installed prior to or concurrent with any onsite grading activities. I1 4 *. 0 a V 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 (D) All grading activities shall be prohibited within the perioc October 1 st to March 3 1 st of each year. (E) All areas disturbed by grading, but not completed duri construction period, including graded pads, shall be planted and stabilized prior to October 1 temporary or permanent (in the case of finished slopes) erosion control measures and vegetation. The use of temporary erosion control measures, such as berms, interceptor ( sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjunctic plantings to minimize soil loss from the construction site. Said planting shall be accomplishel the supervision of a licensed landscaped architect and shall consist of seeding, mulching, ferti and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be rep€ the required level of coverage is not established. This requirement shall apply to all disturbe including stockpiles. (d) Bufferdopen Space. The master plan shall include buffers and open SI separate agriculture use from residential development. Adequate buffer areas, generally of at least 100 feet, between agricultural op and new development shall be established and protected through conservation easements. Th area shall include natural vegetation, natural grade separations, and other natural featu addition, roads shall be designed as much as possible to function as buffers between agricul residences. Residential uses shall be sited and designed to provide an open space area aw use conflicts. Cut and fill shall not occur adjacent to agricultural areas in order to provide s buffer. The P-C zone requirement of open space can be used in conjunction with this requi Lands to be preserved in open space shall be dedicated to coastal conservancy through thl open space easements in perpetuity free of prior liens prior to issuance of a permit. Land SI , open space easements may remain in private ownership with the appropriate easeme. restrictions and maintenance arrangements to be secured from the developer prior to issua permit. The City shall require the developer or a homeowner's association to maintain the opc area or it can alternatively require payment of fees if the Coastal Conservancy certifies maintenance fee is adequate. If a homeowner association is to maintain the open space, apy provision for fees and maintenance shall be required as a condition of approval of the permit. (e) Siting/Parking. Due to severe site constraints, innovative siting and design (including shared use of driveways, clustering, tandem parking, pole construction) : incorporated in the Master Plan to minimize the paved surface area. Dwelling units shall be c in the relatively flat portions of the site." , SECTION IV: That Title 21, Chapter 21.38 of the Carlsbad Municipal Code is amended by the addition of Section 21.38.160 to read as follows: "21.38.160 Additional Standards - Upper Aaua Hedionda Watershed. The Contents of a Master Plan for Kelly Point and Macario Canyon area as identifit Carlsbad Local Coastal Program shall include the following additional information requirc and be approved in accordance with the following additional development standards: (a) Permits - Required. Developments as defined in Chapter 21.04.107, (inch not limited to land divisions) require a coastal development permit subject to the requireme zone. All uses in this zone are subject to the procedural requirements of Chapter 2 1.201. P simultaneously with the approval of any division of land or any other development, a mask II 5 ll 'L 0 0 \ 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 2a development for the property containing the requirements specified below shall be submitl approved. (b) Maximum Density of Development. The Master Plan shall be approved subjl maximum density of development as follows: (1) All slopes greater than 25 percent shall result in an allowable devel intensity of 1 dwelling unit per ten acres; (2) All slopes greater than 20 percent but less than 25 percent shall res1 development intensity of 1 dwelling unit per five acres; (3) All slopes greater than 15 percent but less than 20 percent shall res development intensity of 1 dwelling unit per acre; (4) All slopes greater than 10 percent but less than 15 percent shall res development intensity of 2 dwelling units per acre; (5) All areas with a slope of less than 10 percent shall result in a devel intensity of 6 units per acre; (6) For the Kelly Ranch Master Plan area, residential densities and slope shall be permitted and based on those contained in the City approved master plan and as apprl the Coastal Commission in Permit 6-84-61 7. (7) Approximately 4 acres located adjacent to the extension of Cannon Rc as described in Coastal Development Permit 6-84-617 are designated for visitor-ser Neighborhood Commercial use. The plan required as a part of the Master Plan shall be certified as accl a registered engineer or other qualified professional to be true and accurate containing rea accurate estimates of the amount of cut and fill. The plan shall show the existing and the topography of the ground to be graded and filled, including a site plan of the proposed residc commercial development in the same scale so that it can be superimposed upon the topograpl The Master Plan shall include a topographic map at a scale suffi determine the above but no less than 1 " = 100 feet having a contour interval of 5 feet with ( delineating areas of greater than 10, 15, 20, and 25 percent slopes. A map showing the typc erodibility, and class based on the Land Use Capability Classification System of t Conservation Service shall be submitted in the same scale as the slopes. The Master Plan sh; the computation of the densities and acreage of soils. (c) Erosion, Drainage, Sedimentation. Subject to the modifications, additj exceptions expressed below, as a part of the permit application, the applicant shall submit an sedimentation and drainage plan, prepared by a qualified professional, including the requirer the Model Erosion Control Ordinance reprinted in the Appendix to the June 1980 Carlsbad Drainage Plan, the requirements of the Master Drainage Plan, and the additional requj specifically enumerated herein. For purposes of this zone, the June 1980 Master Drainage 1 its appendices are herein incorporated by this reference and are a part of this zone. No sul amendments are a part of this zone unless certified by the Coastal Commission. The provisions, standards, content of plans and implementation contained therein are in additic provisions below. Approved development shall include the following conditions, in additic requirement specified above: (1) A soils map in the scale of 1 " = 100 feet, showing both the erodibility and the type and location of soils, using the SCS Land Use Capability Classification Sys standards of erodibility developed by SCS. The soils map shall be certified by a soils en€ true and accurate. /I 6 II % e 0 c* 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 (2) Any development proposal that affects steep slopes (25% inclina greater) shall be required to prepare a slope map and analysis for the affected slopes. Steep are identified on the PRC Toups Maps. The slope mapping and analysis shall be prepared du~ CEQA environmental review on a project-by-project basis and shall be required as a conditi Coastal Development Permit, (A) For those slopes mapped as possessing endangered plant species and/or coastal sage scrub and chaparral plant communities, the following policy 12 would apply: natural state, unless the application of this policy would preclude any reasonable use of the p in which case an encroachment not to exceed 10% of the steep slope area over 25% grade permitted. For existing legal parcels, with all or nearly all of their area in slope area over 259 encroachment may be permitted; however, any such encroachment shall be limited so that at is more than 20% of the entire parcel (including areas under 25% slope) permitted to be d from its natural state. This policy shall not apply to the construction of roads or thc Circulation Element or the development of utility systems. Uses of slopes over 25% may be order to provide access to flatter areas if there is no less environmentally damaging altl available. (ii) No further subdivisions of land or utilization of Plann Developments shall occur on lots that have their total area in excess of 25% slope unless a Unit Development is proposed which limits grading and development to not more than 109 total site area. (iii) Slopes and areas remaining undisturbed as a result hillside review process, shall be placed in a permanent open space easement as a cond development approval. The purpose of the open space easement shall be to reduce the pote localized erosion and slide hazards, to prohibit the removal of native vegetation except for firebreaks and/or planting fire retardant vegetation and to protect visual resources of impor the entire community. (B) For all other steep slope areas, the City Council may allow ex( to the above grading provisions provided the following mandatory findings to allow except made: (i) A soils investigation conducted by a licensed soils engi determined the subject slope area to be stable and grading and development impacts mitigai at least 75 years, or life of structure. (ii) Grading of the slope is essential to the development in (i) Slopes of 25% grade and over shall be preserved design. (iii) Slope disturbance will not result in substantial da alteration to major wildlife habitat or native vegetation areas. (iv) If the area proposed to be disturbed is predominated ' slopes and is in excess of 10 acres, no more than one third of the total steep slope area subject to major grade changes. (v) If the area proposed to be disturbed is predominated slopes and is less than 10 acres, complete grading may be allowed only if no intern 27 (vi) Because north-facing slopes are generally more I: 28 stability problems and in many cases contain more extensive natural vegetation, no gr; significant wildlife corridors occurs. ii 7 L 0 0 ?. 1 removal of vegetation from these areas will be permitted unless all environmental impacts ha. mitigated. Overriding circumstances are not considered adequate mitigation. associated with property in its present state, and appropriate measures shall be taken on and01 to prevent siltation of Agua Hedionda Lagoon and other environmentally sensitive areas. 2 (3) Drainage and runoff shall be controlled so as not to exceed at any time 3 4 condition of development approval, 5 (4) The appropriate measures shall be installed prior to onsite grading. (5) All undevelopable slopes shall be placed in open space easemen 6 (6) A site specific technical report shall be required addressing the cur effects of developing each subwatershed and recommending measures to mitigate both ir 7 runoff and sedimentation. It shall be reviewed and prepared according to the Model Erosion Ordinance contained in the Master Drainage Plan, with the additions and changes adopted 8 such that a natural drainage system is generally preserved for the eastern undeveloped watl 9 but that stormdrains are allowed for those western portions of the watershed which have alrea incrementally developed. of cumulative development shall be implemented prior to development in accordance I 1 1 following additional criteria: (A) Submittal of a runoff control plan designed by a licensed c ’ 2 qualified in hydrology and hydraulics, which would assure no increase in peak runoff rate f 13 developed site over the greatest discharge expected from the existing undeveloped site as a 1 a 10-year frequency storm. Runoff control shall be accomplished by a variety of m 14 including, but not limited to, onsite catchment basins, detention basins, siltation traps and 15 dissipators and shall not be concentrated in one area or a few locations. (B) Detailed maintenance arrangements and various alternati 16 providing the ongoing repair and maintenance of any approved drainage and erosion 17 agency, detailed maintenance agreements shall be secured prior to issuance of a permit. 18 10 (7) Mitigation measures tailored to project impacts and consistent with the facilities. If the offsite or onsite improvements are not to be accepted or maintained by (C) All permanent runoff and erosion control devices shall be de and installed prior to or concurrent with any onsite grading activities. October 1 to March 3 1 of each year. 21 construction period, including graded pads, shall be planted and stabilized prior to Novembc temporary or permanent (in the case of finished slopes) erosion control measures anc 22 vegetation. The use of temporary erosion control measures, such as berms, interceptor sandbagging, filtered inlets, debris basins and silt traps, shall be utilized in conjuncti 23 plantings to minimize soil loss from the construction site. Said planting shall be accomplish 24 the supervision of a licensed landscape architect and shall consist of seeding, mulching, fen and irrigation adequate to provide 90 percent coverage within 90 days. Planting shall be re1 25 the required level of coverage is not established. This requirement shall apply to all disturk including stockpiles. 26 (d) Agricultural Preservation. Due to overriding and extensive wetland preservs protection provisions of the Kelly Ranch Master Plan as approved by the City of Carl: 27 California Coastal Commission in Permit 6-84-617, agricultural preservation policies are wa 28 Agricultural preservation policies for the remaining areas covered by this SI. 19 (E) All areas disturbed by grading, but not completed dw 20 (D) All grading activities shall be prohibited within the peric il 8 - 0 e bw 1 2 3 4 5 have been deleted by Local Coastal Program Amendment 2-85. (e) Park Purposes. Park purposes shall be a permitted use compatible with this 1 designation, provided that any park construction is subject to Section (C), Erosion, DI Sedimentation above. (9 Sitingparking. Due to severe site constraints, innovative siting and design (including shared use of driveways, clustering, tandem parking, pole construction) s: incorporated in the Master Plan to minimize the paved surface area. Dwelling units s clustered in the relatively flat portions of the site." 6 7 amended by the addition of Section 21.40.135 to read as follows: SECTION V: That Title 21, Chapter 21.40 of the Carlsbad Municipal ( 8 9 10 11 12 13 "2 1.40.135 Coastal Zone Restrictions. Within the coastal zone, existing public views and panorama shall be maintained. T the individualized review process, sites considered for development shall be conditioned so a: obstruct or otherwise damage the visual beauty of the coastal zone. In addition to the above, limitations and see-through construction techniques should be employed. Shoreline devell shall be built in clusters to leave open areas around them to permit more frequent views shoreline. Vista points shall be incorporated as a part of larger projects. The unique characi of older communities such as the Carlsbad Village Drive corridor shall be preserved through requirements which are in accordance with the flavor of the existing neighborhood." 14 15 SECTION VI: That Title 21 , Chapter 21.41 of the Carlsbad Municipal C 18 Hedionda Lagoon and Village Redevelopment Segments. 17 "21.41.070 (1 1) 16 (A) Each business shall be entitled to one facade sign. (B) Each shopping complex shall have only one directory sign not to exc 1 g feet in height, including mounting. (C) Monument sign height including mounting shall not exceed 8 feet an1 20 apply where three (3) or fewer commercial establishments exist on a parcel. 21 (D) Tall fieestanding and road signs shall not be allowed. (E) Off-premise signs shall not be allowed." 22 SECTION VII: That Title 2 1 , Chapter 2 1.42 of the Carlsbad Municipal ( 23 amended by the amendment of Section 21.42.020 Subsection (1) to read as follows: amended by the addition of Section 21.41.070, Subsection (1 1) to read as follows: (1 1) The following sign restrictions apply to properties in the coastal zone except thl 24 25 26 27 28 "21.42.020 Facts Required Prior To Granting Permit. A conditional use permit shall be granted only if the following facts are found to e regard thereto: (1) That the requested use is necessary or desirable for the development I community, is essentially in harmony with the various elements and objectives of the Genera including if applicable the certified Local Coastal Program, and is not detrimental to existing 1 to uses specifically permitted in the zone in which the proposed use is to be located;" I I/ 9 L 0 0 * 1 SECTION VIII: That Title 21, Chapter 2 1.50 of the Carlsbad Municipal amended by the amendment of Section 21.50.010 to read as follows: 2 3 "21.50.010 Variance - Granting Authority. When practical difficulties, unnecessary hardships, or results inconsistent with the 4 purpose of this title result through the strict and literal interpretation and enforcement provisions hereof, the Planning Commission shall have authority, as an administrative act, SL !5 the provisions of this article, to grant upon such conditions as it may determine, such varim 6 the provisions of this title as may be in harmony with its general purpose and intent, so that t of this title shall be observed, public safety and welfare secured and substantial justice done 7 coastal zone, a variance shall not be allowed to diminish or otherwise adversely af substantive requirements for protection of coastal resources." 8 9 10 11 12 13 14 SECTION IX: That Title 21, Chapter 21.50 of the Carlsbad Municipal amended by the amendment of Section 21.50.030, Subsection (4) to read as follows: "21.50.030(41 (4) That the granting of such variance will not adversely affect the comprehensive plan, or in the Coastal Zone, that the granting of such a variance is consistent with and imI the requirements of the certified Local Coastal Program and that the granting of such varial not reduce or in any manner adversely affect the requirements to protect coastal resol specified in the zones included in this title and that the variance implements the purposes ( adopted as implementation of the Local Coastal Program Land Use Plan." 15 16 amended by the amendment of Section 21 S2.010 to read as follows: SECTION X: That Title 21, Chapter 21.52 of the Carlsbad Municipal 17 18 "21.52.010 When. Boundaries of the zones established by this title, the classification of property uses th 19 welfare require. Within the Coastal Zone such boundary changes shall not be effectj 2o other provisions of this title may be amended whenever public necessity, convenience and 21 1) approved as a Local Coastal Program Amendment. 22 23 24 SECTION XI: That Title 21, Chapter 21.52 of the Carlsbad Municipal Code is am6 the amendment of Section 21.52.160 to read as follows: 25 26 27 28 "2 1.52.160 General Plan and LCP Amendments. (a) Amendments to the General Plan or to any of the elements thereof shall be p in accord with this chapter. All provisions of this chapter applicable to the amendment of shall also apply to General Plan amendments with the exception of the time requirement for Commission and City Council hearings. Planning Commission and City Council hea General Plan amendments shall be held at such times as the City Council shall by motion est 10 - 1 2 3 4 5 6 7 8 e 0 (b) Amendments to the certified Local Coastal Program shall be processed accol Section 30514 of the Public Resources Code." SECTION X111 That Title 21, Chapter 21.54 of the Carlsbad Municipal amended by the amendment of Section 21 S4.050 to read as follows: "21.54.050 Setting of HearinP. All proposals for amending zone or General Plan boundaries reclassifications or granting of any development permit or approval requiring a hearing as provided in this title set for hearing by the Director when such hearings are to be held before the Planning Corn and by the City Clerk for hearings to be held before the City Council. Conditional uses in tht zone shall be subject to the requirements of this chapter and the additional requirements of 21.81 or 21.201 as applicable." 9 SECTION XIII: That Title 21 , Chapter 21.54 of the Carlsbad Municipal 10 amended by the addition of Section 21 S4.060, Subsection (l)(e) to read as follows: 11 "21.54.060 (l)(e) Notices In The Coastal Zone. 12 13 15 SECTION XIV: That Title 21, Chapter 21.54 of the Carlsbad Municipal 14 mailed not less than ten days before the date of the public hearing." (e) Within the coastal zone, notice shall additionally be provided to occupants wi ft. of the site and to the Area Office of the California Coastal Commission. Such notice amended by the amendment of Section 21.54.061 to read as follows: 16 17 18 19 20 21 22 23 24 25 26 27 28 "21.54.061 Content of Notice. (a) The notice given pursuant to Section 21.54.060 shall include the date time a of a public hearing, the identity of the hearing body or officer, a general explanation of the r be considered, and a general description, in text or diagram, of the location of the real prc any, that is the subject of the hearing. (b) However, within the coastal zone such notice shall contain the following a( information: (1) a statement that the development is within the coastal zone; (2) the date of filing of the application and the name of the applicant; (3) the number assigned to the application; (4) a brief description of the general procedure of local government co (5) the system for local and Coastal Commission appeals, including any 11 the conduct of hearing and local actions; required, expressly stating whether the matter is appealable to the Coastal Commission." I SECTION XV: That Title 2 1, Chapter 2 1.54 of the Carlsbad Municipal amended by the amendment of Section 21 S4.100 to read as follows: "21.54.100 Hearing Continuance Without Public Notice. If, for any reason, testimony on any case set for public hearing cannot be complete date set for such hearing, the person presiding at such public hearing may, before adjourn ll 11 .. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 * 0 recess thereof, publicly announce the time and place to, and at which, said hearing will be COI and no further notice is required. However, within the coastal zone, if a decision on a devel permit is continued by the local government to a time which is neither (a) previously state notice provided pursuant to Section 21.54.060, nor (b) announced at the hearing to be contin time certain, the City shall provide notice of the further hearings (or action on the p development) in the same manner and within the same time limits as established in ! 21.54.060 and 21 S4.061 .I1 SECTION XVI: That Title 21, Chapter 21.54 of the Carlsbad Municipal amended by the amendment of Section 21 S4.120 to read as follows: "21.54.120 General Plan Amendments (Except For The Coastal Zone). All provisions of this chapter applicable to the amendment of zone classifications SI apply to amendments to the General Plan or to any of the elements thereof. If the hearings for general plan amendments are held at the same time as hearings : amendments under Chapter 2 1.52, the notice of such hearings may be combined with those for general plan amendments under this section." SECTION XVII: That Title 21, Chapter 21.55 of the Carlsbad Municipal amended by the amendment of Section 2 1 S5.020 to read as follows: "21.55.020 Authority - Conflict. This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with 65970) of Division 1 of Title 7 of the California Government Code. In the case of any between the provisions of this chapter, and those of Chapter 4.7, the latter shall prevail. SECTION XVIII: That Title 21, Chapter 21.56 of the Carlsbad Municipal amended by the amendment of Section 21.56.010 to read as follows: "2 1.56.0 10 Provisions To Be Minimum Requirements - Conflict Of Provisions. In interpreting and applying the provisions of this title they shall be held to be the n requirement for the promotion of the public health, safety, comfort, convenience and general It is not intended by this title to interfere with or abrogate or annul any easement, covenant agreement between parties, provided, however, for developments located in the coast easements, covenants, or other agreements between parties may not annul the requi restrictions or obligations placed on the zone. When this title imposes a greater restriction 1 use of building or land, or upon the height of buildings, or requires larger open spaces imposed or required by other ordinances, rules, regulations, or by easements, cove] agreements, the provisions of this title shall control." 25 28 27 amended by the addition of Section 21.61.025 to read as follows: 26 SECTION XIX: That Title 2 1, Chapter 21.61 of the Carlsbad Municipal In The Coastal Zone. "21.61.025 Notification Of Litigation And Attorney General Intervention For Devel ll 12 & 1 2 3 4 5 6 7 8 0 0 The provisions of Public Resources Code Sections 30800 et seq. shall apply to develc government on a development permit in the coastal zone (including decisions on Non-Ap: developments) or where an appeal has been filed but the Commission has determined not to appeal, and where litigation has subsequently been commenced against the local gov concerning its decision, the local government and plaintiff or petitioner shall promptly fa copy of the complaint or petition to the Executive Director of the Commission. At the reque local government (with the concurrence of the Commission) or upon an order of the Com: the Executive Director shall request the Attorney General to intervene in such litigation on 1 the Commission. Administrative remedies pertaining to coastal development permits are not to have been exhausted unless all appeal procedures provided by the California Coastal Ac regulations have been utilized." in the coastal zone and in any case where no appeal has been filed from the decision of 9 SECTION XX: That Title 21, of the Carlsbad Municipal Code is ame 10 the addition of Chapter 21.201 to read as follows: 11 12 Sections: 13 14 15 16 21.201.010 21.201.020 21.201.030 2 1.201.040 21,201.050 21.201.060 l7 11 21.201.070 18 19 20 21 22 23 24 25 26 27 28 21.201.080 21.201.090 21.201.100 21.201.110 21.201.120 21.201.130 21.201.140 21.201.150 21.201.160 21.201.170 21.201.180 21.201.190 2 1.20 1.200 21.201.210 2 1.201.220 21.201.230 21.201.240 Chapter 2 1.20 1 Coastal Development Permit Procedures Purpose. Definitions. Requirements For Coastal Development Permits. Application. Determination of Applicable Notice and Hearing Procedures. Exemptions and Categorical Exclusions from Coastal Development PC Procedures. Repair and Maintenance Activities Requiring a Coastal Development Permit. Minor Coastal Permits. Notice of Public Hearing. Notice of Local Government Action When Hearing Continued. Planning Commission Action. Appeal of Planning Commission Decision. Appeals of Coastal Commission. Exhaustion of Local Appeals. Public Hearing on Appealable Developments. Finality of City Action. Notice of Final City Action. Local Government Action - Effective Date. Application for Emergency Permits. Expiration of the Coastal Development Permit. Extensions. Permit Amendment. Coastal Development Permits Issued by Coastal Commission. Violations of the Public Resources Code. ll 13 . 1 0 21.201.250 Severability. 0 2 "21.201.010 Pumose. 3 This chapter establishes the permit procedures for developments located in the coast, This chapter is based on the Local Coastal Program Implementation Regulations adoptec 4 California Coastal Commission pursuant to Public Resources Code Sections 30620.6 and 30: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as such shall constitute the minimum procedural requirements for review of developmenr coastal zone pursuant to Public Resources Code Section 30600 (d)." "21.201,020 Definitions. A. Aggrieved Person: Any person who, in person or through a representative, 2 at a public hearing of the City in connection with the decision or action appealed, or who, appropriate means prior to a hearing, informed the City of the nature of his concerns or who cause was unable to do either. B. Allowable Use: Any use allowed by right which does not require a public ht any discretionary or non-discretionary permit of the approving authority. C. Appealable Development: In accordance with Public Resources Codes 30603(a) any of the following: 1. Developments approved by the local government between the sea and public road paralleling the sea or within 300 feet of the inland extent of any beach or oft high tide line of the sea where there is no beach, whichever is the greater distance. 2. Developments approved by the local government not included paragraph C. 1. of this section located on tidelands, submerged lands, public trust lands, wi feet of any wetland, estuary, stream or within 300 feet of the top of the seaward face of an; bluff. 3. Any development which constitutes a major public works project or energy facility. The phrase "major public works project or a major energy facility" as used j Resources Code Section 30603(a) (5) and its regulations shall mean any proposed publi project, as defined by Section 1301 2 of the Coastal Commission Regulations, (Title 14 Ca Code of Regulations, Division 5.5) or energy facility, as defined by Public Resources Code 30107. D. Appellant: Any person who may file an appeal and includes an applic aggrieved person or any two members of the Coastal Commission. E. Applicant: The person, partnership, corporation, state or local governmen applying for a coastal development permit. F. Approving Authority: The city officer, Planning Commission or Council apy coastal development permit. G. Categorically Excluded Development: A development (upon request of t public agency or other person) which the Director has determined pursuant to Section21.20 of this Code to have no potential for significant adverse effect on Coastal Resources or Acc therefore, has issued an Exclusion . H. Coastal Zone: The Coastal Zone shall mean the Coastal Zone of the City of 1 as described in the Public Resources Code Section 301 03. This Chapter shall apply in the Zone (except in the Agua Hedionda Lagoon and Village Redevelopment Segments). I. Commission: California Coastal Commission. J. Director: The Director of Planning. K. Executive Director: Executive Director of the Coastal Commission. 14 a 0 1 2 3 4 5 6 7 8 9 I L. Local Coastal Program: The City's land use plan, zoning ordinances, zonin: and other implementing actions certified by the Coastal Commission as meeting the requiren the California Coastal Act of 1976. MI Major Energy Facility: Any energy facility as defined by Public Resourct N. Major Public Works Project: Any public works project as defined by 1 Section 301 07 and exceeding one hundred thousand dollars in estimated cost of construction. California Code of Regulations Section 13012 and exceeding one hundred thousand do estimated cost of construction. 0. Permitted Use: Any use allowed by right which does not require a public hear does require a discretionary or non-discretionary permit (e.g. building permit) to be issued approving authority. P. Other Permits and Approvals: Permits and approvals, other than a development permit required to be issued by the approving authority before a developmc ~ proceed." I 10 "21.201.030 Requirements For Coastal Development Permits. Except as provided in Section 21.201.060 below, any applicant wishing to unde 1 1 , 2 development (defined in Section 21.04.107) in the coastal zone shall obtain a coastal devel permit in accordance with the provisions of this Chapter, in addition to any other permit reqt law. Development undertaken pursuant to a coastal development permit shall conform to thi 13 specifications, terms and conditions approved in granting the permit. The procedures prr herein may be used in conjunction with other procedural requirements of the approving au 1 4 provided that the minimum requirements as specified herein are assured." 15 "2 1.20 1.040 Application 16 Application for a coastal development permit shall be made in accordance w procedures set forth in this section. 17 A. An application for a permit may be made by the record owner or owners 18 property affected or the authorized agent of the owner or owners. The application shall be filc the Director upon forms provided by the Director. The application shall be accompar 19 adequate plans which allow for detailed review pursuant to this chapter, a legal description property and all other materials and information specified by the Director. amount specified by City Council resolution. 20 B. At the time of filing the application the applicant shall pay a processing fet 21 C. Unless the property has previously been legally subdivided and no further subd 22 is required the application shall be accompanied by a tentative map which shall be filed u Director in accordance with procedures set forth in Chapter 20.12 of this code. If the 23 contains four or less lots or units, the application shall be accompanied by a tentative parc 24 which shall be filed with the city engineer in accordance with procedures set forth in Chaptel of this code. 25 D. Whenever the development would require a permit or approval under the pro1 of this title, notwithstanding this chapter, the application shall include sufficient information tc 26 review of such permit or approval. Application for all permits or approvals under this title a 27 coastal permit may be consolidated into one application. E. The Director may require that the application contain a description of the fi 28 alternatives to the development or mitigation measures which will be incorporated in ll 15 1 2 3 4 5 a e development to substantially lessen any significant effect on the environment which may bc by the development. "21.201.050 Determination Of Applicable Notice And Hearing Procedures. The determination of whether a development is Exempt, Categorically Exclude Appealable, or Appealable for purposes of notice, hearing and appeals shall be made by the at the time the application for development is submitted. This determination shall be ml reference to the certified Local Coastal Program, including maps, Categorical Exclusions, 6 7 following procedures shall be followed: designations, and zoning ordinances adopted as part of the certified Local Coastal Program. an applicant, interested person, or the Director has a question as to the appropriate procedt 8 9 10 11 12 A. The Director shall make the determination as to what type of development proposed (i.e. Exempt, Categorically Excluded, Appealable, Non-Appealable) and shall inf applicant of the notice and hearing requirements for that particular development. B. If the determination of the Director is challenged by the applicant or an in person, or if the Director wishes to have a Commission determination as to the apF designation, the City shall notify the Commission by telephone of the dispute/question a request an Executive Director's opinion; C. The Executive Director shall within two (2) working days of the Director req upon completion of a site inspection where such an inspection is warranted), trx 13 I( determination as to whether the development is Exempt, Categorically Excluded, Non-Appel 14 15 16 17 18 19 20 21 22 Appealable; D. Where, after the Executive Director's investigation, the Executive D determination is not in accordance with the Director determination, the Commission shall hearing for the purpose of determining the appropriate designation for the area. The Corn shall schedule the hearing on the determination for the next Commission meeting in the app geographic region following the Director request." "2 1.20 1.060 Exemptions and Categorical Exclusions From Coastal Development A. Exemptions. The following projects are exempt from the requirements of a Procedures. development permit: 1. Improvements to existing single-family residential building except: a. On a beach, wetland or seaward of the mean high tide line. b. Where the residence or proposed improvement would encroacl fifty feet of the edge of a coastal bluff; c. On property located between the sea and the first publ: 23 24 paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tid sea where there is no beach, whichever is the greater distance, or in significant scenic resourcl as designated by the Commission or regional Commission, improvement that would resu 25 increase of 10 percent or more of internal floor area of an existing structure or an ad improvement of 10 percent or less where an improvement to the structure had previous 26 undertaken pursuant to Public Resources Code Section 30610(a), increase in height by more 27 percent of an existing structure andor any significant non-attached structure such as garages, shoreline protective works or docks. 28 d. Any significant alteration of land forms including rem( ll 16 ” 1 2 3 4 5 * 0 placement of vegetation on a beach, wetland, or sand dune, or within fifty feet of the ec coastal bluff except as provided in subsections 2 1.20 1.060,s and 10. e. Expansion or construction of water wells or septic systems. For the purposes of this section an existing single-family re: building shall include all appurtenances and other accessory structures, including decks, attached to the residence; accessory structures or improvements on the property normally as: with residences, such as garages, swimming pools, fences and storage sheds but not includil houses or self-contained residential units; landscaping on the lot. 2. Improvements to existing structures other than a single-family resia 6 pubic works facility except: 7 a. On a beach, wetland, lake or stream or seaward of the mean h line. of the edge of the coastal bluff; 8 9 b. Where the structure or improvement would encroach within fj c. On property located between the sea and the first publ: 10 paralleling the sea or within three hundred feet of the inland extent of any beach or of the me; tide of the sea where there is no beach, whichever is the greater distance, any improveme 11 structure other than a single-family residence or public works facility that would increase percent or more the internal floor area of an existing structure, or any additional improvemen 1 2 an improvement to the structure had previously been undertaken to Public Resources Code ~ 13 14 15 16 17 30610(b), or this section, and the cumulative increase of the improvements is ten percent or n any improvement which would increase the height of a structure by ten percent or more; d. Any improvement which changes the intensity of use of a structl e. Any significant alteration of land forms including rem0 placement of vegetation on a beach, wetland, or sand dune, or within one hundred feet of the t a coastal bluff or stream except as provided in subsections 21.201.060 (8) and (1 0) of this s and f. Any improvement made pursuant to a conversion of an e structure from a multiple unit rental use or visitor serving commercial use to a use involvin- l8 cooperative, conversion or motelhotel timesharing conversion. 19 ownership or long-term leasehold including but not limited to a condominium conversion, 20 I/ g. Expansion or construction of water wells or septic systems. 3. Occupancy permits. 4. Harvesting of agricultural crops, or other agriculturally related ac 21 comply with waste discharge requirements or other orders of the Regional Water Quality C 27 8. Water pollution control facilities for agricultural purposes if construc not exceed 25 acre feet in capacity. 26 streams (dashed or solid) on USGS 7 1/2 minute quadrangle maps, provided such impoundme 7. Water impoundments located in drainage areas not identified as blu 25 grading, provided such water facilities are used for onsite agriculturally-related purposes only. 24 10,000 gallons capacity and water distribution lines, including up to 100 cubic yards of assc 6. Water wells, well covers, pump houses, water storage tanks of les: 23 approvals of the approving authority, and are thereby allowable uses herein. 22 specifically defined as permitted uses in the applicable zone which require no other permj 5. Fences for farm or ranch purposes. 28 Board. li 17 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 9. Landscaping on the lot unless the landscaping could result in ero damage to sensitive habitat areas. 10. Repair or maintenance activities not described in Section 21.201.070 section, and 11. Activities of public utilities as specified in the Repair, Maintena Utility Hook-Up Exclusion adopted by the Coastal Commission, September 5, 1978, and as n from time to time." B. categorical Exclusions. In addition to those projects exempted pursuant to suk (A) of this section, the City Council may designate by resolution, after a public hearing, cai of development which have no potential for any significant adverse effect, either individl cumulatively, on coastal resources or on public access to, or along the coast. Developmen has been so designated shall be Categorically Excluded from the provisions of this chaptc designation of any Categorical Exclusion shall not be effective until the Categorical Exclusio has been approved by the Coastal Commission. The Director shall keep a record of all issued for such Categorically Excluded projects. C. Notice of Categorically Excluded or Exempt Developments. A permit issued by the City for a development which is Categorically Excl exempt from the coastal development permit requirements, shall be exempt from the not hearing requirements of this Chapter. The City shall maintain a record for all permits iss Categorically Excluded or Exempt developments which shall be made available to the Commission or any interested person upon request. This record may be in the form of any re permits issued currently maintained by the City, provided that such record includes the apI name, the location of the project, and brief description of the project. "21.201.070 Repair and Maintenance Activities Requiring a Coastal Development Pel A. The following repair and maintenance activities require a coastal developmenl 1. Any method of repair or maintenance of a seawall, revetment, bluff rf because they involve a risk of substantial adverse impact to Coastal Resources or Access. wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves: a. Repair or maintenance involving substantial alteration foundation of the protective work including pilings and other surface or subsurface structures; b. The placement, whether temporary or permanent, of rip-rap, a: berms of sand or other beach materials, or any other forms of solid materials, on a beach or in waters, streams, wetlands, estuaries and lakes or on a shoreline protective work excl agricultural dikes within enclosed bays or estuaries; c. The replacement of twenty percent or more of the material: existing structure with materials of a different kind; or d. The presence, whether temporary or permanent, of mecl construction equipment or construction materials on any sandy area or bluff or within twenty coastal waters or streams. 2. Any method of routine maintenance dredging that involves: a. The dredging of one hundred thousand cubic yards or more u twelve-month period; b. The placement of dredged spoils of any quantity wit1 environmentally sensitive habitat area, on any sand area, within fifty feet of the edge of a bluff or environmentally sensitive area, or within twenty feet of coastal waters or streams; or 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 0 0 c. The removal, sale or disposal of dredged spoils of any quan would be suitable for beach nourishment in an area the Commission has declared by resol have a critically short sand supply that must be maintained for protection of structures, coastr or public recreational use. 3. Any repair or maintenance to facilities or structures or work locate environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or stre; include: a. The placement or removal, whether temporary or permanent, rap, rocks, sand or other beach materials or any other forms of solid materials; b. The presence, whether temporary or permanent, of mec. equipment or construction materials. All repair and maintenance activities governed by the above prc shall be subject to the permit regulations promulgated pursuant to the California Coastal 1976, including, but not limited to, the regulations governing administrative and emergency I The provisions of this section shall not be applicable to methods of repair and main undertaken by the ports listed in Public Resources Code Section 30700 unless so provided el: in these regulations. The provisions of this section shall not be applicable to those ac specifically described in the document entitled Repair, Maintenance and Utility Hookups, ado: the Coastal Commission on September 5, 1978. B. Unless destroyed by natural disaster, the replacement of 50 percent or mo seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work un( ownership is not repair and maintenance under Public Resources Code Section 30610(d) but constitutes a replacement structure requiring a coastal development permit." 16 l8 Coastal Zone costing less than $60,000 and which complies with the following criteria: 17 "21.201.080 Minor Coastal Permits. defined in Section 30108.6 of the Coastal Act. A. The Director may issue Minor Coastal Permits for any development anywhere 1. The development is consistent with the certified local coastal prog: 19 3. The development has no adverse effect individually or cumulatively on 20 2. The development requires no discretionary approvals other than a Coastal Permit. resources or public access to the shoreline or along the coast. 21 B. The Director shall give written notice of pending development decision af 22 application is complete, at least fifteen (15) working days prior to the decision on the applica 24 1. Contents. The notice shall include all the matters required by 5 23 follows: 21.54.061 of this code, including statement of a public comment period of at least 15 workir sufficient to receive and consider comments submitted by mail prior to the date established 25 decision, a statement that a public hearing shall be held upon request by any person and a sta that failure by a person to request a public hearing may result in the loss of that person's ab. 26 appeal to the Commission any action taken by a local government on a coastal development 27 application. 28 a. Any person requesting to be on the mailing list for the project 2. Recipients. The notice shall be sent by first class mail to: I1 19 0 0 1 perimeter; and 2 coastal decisions; and 3 b. All property owners and residents within 100 feet of the C. The Coastal Commission. d. The applicant. 4 C. The Director may approve, approve with conditions, or deny the permit. The may waive a public hearing on a Minor Coastal Development Permit if notice has been pro 5 the City within 15 working days from the date of sending the notice. If a request for a public accordance with Section 21.201.080.B.l and a request for a public hearing has not been recl f3 is received, a public hearing before the Director shall be held in the same manner as a I 7 Commission hearing. In either event the Director's decision shall be based upon the requiren and shall include specific factual findings supporting whether the project is or is not in COI 8 9 with, the certified Local Coastal Program (and, if applicable, with the public access and re policies of Chapter 3 of the Coastal Act). This Director's decision shall be made in writing. The date of the decision 10 the date the writing containing the decision or determination is mailed or otherwise deliver( person or persons affected by the decision or determination. Unless the decision is appeal( 11 Planning Commission, the Director shall provide a Notice of Final Local Action in accorda 12 Sections 2 1.20 1.160 & 170 of this code, in addition to the Director's written decision. 13 person to the Planning Commission. The written appeal shall specifically state the reason 01 for the appeal and the manner in which the decision of the Director is in error. The decisic 14 Director shall be affirmed by the Planning Commission unless the appellant show preponderance of the evidence that the decision of the Director is in error, inconsistent w ' 5 law, the General Plan, this zoning ordinance or any policy of the City. The appeal shall be 16 writing with the secretary of the Planning Commission within ten calendar days after the da Director's decision. The decision by the Planning Commission on all appeals of the C 17 decision shall be final. The Director shall give Notice of Final Action on the appeal in acc 18 with Sections 21.201.160 & 170. E. If the Director determines that the project does not qualify for an exemption, 19 Coastal Permit or an emergency permit then the Director shall set the application for a public before the Planning Commission. Any coastal permit (other than a Minor Coastal Deve 20 Permit) may be set for hearing concurrently with any other permit for the project. The Dire( at hisher option refer the application for a Minor Coastal Permit to the Planning Commiz 21 determination." 22 23 Whenever a public hearing is required by this chapter, notice of the hearing shall be provided in Section 21.54.060 of this code. When the hearing on a coastal development I 24 consolidated with the hearing on a tentative map, notice shall satisfy the requirements of I 25 chapter and Title 20 of this code." 26 "2 1.20 1.100 Notice Of Local Government Action Where Hearing Continued. If a decision on a development permit is continued by the City to a time which is ne 27 previously stated in the notice provided pursuant to Section 21.54.060 nor (b) announce 28 hearing as being continued to a time certain, the City shall provide notice of the further heal D. The Director's decision is final unless the decision is appealed by an i~ "21.201.090 Notice of Public Hearings. ll 20 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 0 0 action on the proposed development) in the same manner, and within the same time I established in Sections 21 ~4.060, 061 and 070." "2 1.20 1.1 10 Planning Commission Action. After a public hearing the Planning Commission may approve, conditionally approve the application. No approval or conditional approval shall be given unless the Planning Colr finds that the development is consistent with the provisions of the local coastal program coastal zone and the development is in conformity with the public access and public re policies of Chapter 3 of the California Coastal Act." "2 1.20 1.120 Appeal of Planning Commission Decision. A. The decision of the Planning Commission is final and effective ten calendar d: the adoption of the resolution of decision unless within such ten-day period the applicanl other interested person files a written appeal with the City Clerk. An individual member of Council can be an interested person. The written appeal shall specifically state the reason or for the appeal and the manner in which the decision of the Planning Commission is in err decision of the Planning Commission shall be affirmed by the City Council unless the a shows by a preponderance of the evidence that the decision of the Planning Commission is inconsistent with state law, the General Plan, LCP, or any applicable Specific Plan, Mast zoning ordinance or policy of the City. Upon the filing of an appeal, the City Clerk shall matter for public hearing. Such hearing shall be held within thirty days after the date of fi appeal. Within ten days following the conclusion of the hearing, the City Council shall re ~ decision on the appeal. The decision of the City Council is final. ~ discretionary permits or approvals for which the Planning Commission is not given final a authority then the Planning Commission action on the coastal development permit shall be dc recommendation to the City Council. C. The City Council may establish and levy a fee for appeals of Coastal decisions. 1 B. If the development for which a coastal development permit also requirc "2 1.20 1.130 Appeals to Coastal Commission. The following developments, due to their type or location, are within the appeal juri: of the Coastal Commission. Only decisions approving a coastal development permit fc developments are Appealable to the Coastal Commission, unless otherwise noted. Areas su appeal jurisdiction are shown on the Post LCP Certification Map which is on file in the p: department. A. Developments on property located between the sea and the first publi paralleling the sea or within three hundred feet of the inland extent of any beach or of the me tide of the sea where there is no beach, whichever is the greater distance. B. Development on property located within three hundred feet of the top of the s face of any coastal bluff, or within one hundred feet of any wetland, estuary or stream. C. Developments approved by the city not included within subsections A and B section which are located in a sensitive coastal resource area. D. Any decision approving or denying a development which constitutes a major Works project or a major Energy Facility." I1 21 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 2a @ 0 "2 1.20 1.140 Exhaustion Of Local Appeals. A. An appellant shall be deemed to have exhausted local appeals for purposes an appeal under the Commission's regulations and be an aggrieved person where the appe pursued the appeal to the appellate body (bodies) as required by the City appeal procedure2 that exhaustion of all local appeals is not required if any of the following occurs: 1. The City requires an appellant to appeal to more local appellate bod have been certified as appellate bodies for permits in the coastal zone, in the implementation of the Local Coastal Program. 2. An appellant was denied the right of the initial local appeal by ordinance which restricts the class of persons who may appeal a local decision; 3. An appellant was denied the right of local appeal because local no hearing procedures for the development did not comply with the provisions of this Article; 4. The City charges an appeal fee for the filing or processing of appeals. B. Where the project is appealed by any two (2) members of the Commission, thc be no requirement of exhaustion of local appeals. Provided, that notice of Commission appe be transmitted to the City Council (which considers appeals from the Planning Commissio rendered the final decision), and the appeal to the Commission may be suspended pe decision on the merits by the City Council. If the decision of the City Council modifies or the previous decision, the Commissioners shall be required to file a new appeal from that.dec C. The appeal to the California Coastal Commission shall be filed at the local office no later than ten working days after the date of the receipt of the notice of final local a the local district office. No coastal development permit shall be issued or deemed approved appeal, if any, to the Coastal Commission has been resolved." "21.20 1.150 Public Hearing On Appealable Developments. At least one public hearing shall be held on each application for an Appealable Develc (except as provided in Section 21.201.080 Minor Coastal Permits) thereby affording any per: opportunity to appear at the hearing and inform the city of the nature of their concerns regarc project. Such hearing shall occur no earlier than ten (1 0) calendar days following the mailin notice required in Section 21.54.060. The public hearing may be conducted in accordan existing local procedures or in any other manner reasonably calculated to give interested per opportunity to appear and present their viewpoints, either orally or in writing. I I "21.20 1.160 Finality Of City Action. A local decision on an application for Development shall be deemed final when (1) th decision on the application has been made and all required findings have been adopted, in specific factual findings supporting the legal conclusions that the proposed development is c in conformity with the certified local coastal program, that the development is in conformity 7 public access and public recreation policies of Chapter 3 of the Coastal Act, and that the r conditions of approval adequate to carry out the certified local coastal plan as provided implementing ordinances have been imposed, and (2) when all rights of appeal have been PI as defined in Sections 2 1.20 1.130 and 140." "21.201.170 Notice of Final City Action Within seven (7) calendar days of a final decision on an application for any Develc , (except Categorically Excluded or Exempt developments) the city shall provide notice of it2 22 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by first class mail to the Commission and to any persons who specifically requested notice Final Action by submitting a self-addressed, stamped envelope to the city, (or, where requil paid a reasonable fee to receive such notice.) Such notice shall include conditions of appr written findings and the procedures for appeal to the Coastal Commission. The Commission's ten working day appeal period commences upon it's receipt of a final cit notice by the Coastal Commission." "2 I .201.180 Local Government Action - Effective Date. A final decision of the City on an application for an Appealable Development shall effective after the ten (1 0) working day appeal period to the Commission has expired follo final local action unless any of the following occur: A. An appeal is filed in accordance with the Commission's regulations; B. The notice of final local government action does not meet the requirer Sections 21.201.160 and21.201.170; C. The notice of final local government action is not received in the Commissic and/or distributed to interested parties in time to allow for the ten (1 0) working day appeal pt Where any of the circumstances in this Section occur, the Commission shal five (5) calendar days of receiving notice of that circumstance, notify the City and applicant , effective date of the City action has been suspended." I "21.20 1.190 Application For Emergency Permits. A. Applications in case of emergency shall be made by letter to the Director or i or by telephone, if time does not allow. Emergency means a sudden, unexpected oc demanding immediate action to prevent or mitigate loss or damage to life, health, pro essential public services. B. The following information shall be included in the request: 1. Nature of emergency; 2. Cause of the emergency, insofar as this can be established; 3. Location of the emergency; 4. The remedial, protective, or preventive work required to deal \ 5. The circumstances during the emergency that appeared to justify the C. The Director shall verify the facts, including the existence of the naturc D. The Director may grant an emergency permit upon reasonable terms and COI emergency; and of action taken, including the probable consequences of failing to take action. emergency, insofar as time allows. including an expiration date and the necessity for a regular permit application later, if the finds that: 1. An emergency exists that requires action more quickly than permittec procedures for Minor Coastal Permits or for regular permits and the work can and will be co within thirty days unless otherwise specified by the terms of the permit; 2. Public comment on the proposed emergency action has been reviewed allows; and 3. The work proposed would be consistent with the requirements of the 1 land use plan. E. The Director shall report, in writing, to the Planning Commission at its first sc II 23 1 2 3 4 5 0 0 meeting after the emergency permit has been issued, the nature of the emergency and t involved. Copies of this report shall be available at the meeting and shall be mailed to all who have requested such notification in writing. The report of the Director shall be infon only; the decision to issue an emergency permit is solely at the discretion of the Director SI the provisions of this chapter. F. Any request for an emergency permit within the Coastal Commission area of jurisdiction as defined in Section 21.201.230 shall be referred to the Coastal Commission €C and issuance." 6 "21.201.200 Expiration Of The Coastal Development Permit. 7 A coastal development permit shall expire on the latest expiration date appli any other permit or approval required for the project, including any extension granted f 8 9 permits or approvals but in no event shall this period exceed three (3) years without an exte time. If the project requires no permits or approvals other than a coastal development pel coastal development permit shall expire two years from its date of approval if a building pe 10 not been issued for the project." 11 12 13 14 15 16 17 18 19 20 21 22 23 "2 1.20 1.2 10 Extensions. Not more than ninety or less than forty-five days prior to the expiration of E development permit the permittee may apply to the Director for an extension of the pem application for an extension shall be processed pursuant to the provisions of this chap extension shall be approved only if it is found that there has been no change of circwnsl relation to Coastal Resources per Section 13 169 of the California Code of Regulations s original granting of the permit. If the Director finds that there has been a change of circumst relation to Coastal Resources since the original granting of the permit the application extension shall be denied or conditionally approved. The decision of the Director may be : pursuant to the provisions of Section 21.201.080(D). If a complete application for an exten been timely filed, the Planning Commission or the City Council on appeal may grant the e after the expiration date provided that the final decision is made not later than forty-five d; the expiration date." "21.201.220 Permit Amendment. Upon application by the permittee, a permit may be amended by the approving au Application for and action on an amendment shall be accomplished in the same manner as 5 by this Chapter for initial approval." "21.201.230 Coastal Development Permits Issued by Coastal Commission. The Coastal Commission shall have original jurisdiction for all coastal development for development on tidelands, submerged lands and public trust lands, whether filleh or u 24 Such lands are specified as the area of "original jurisdiction" of the Coastal Commission pu~ 25 Public Resources Code Section 305 19(b), and are shown on the Post LCP Certification Map on file in the planning department. The applicant for any project which requires a 26 development permit issued by the Coastal Commission shall obtain all discretionary a] required by this code prior to filing an application with the Coastal Commission for saic 27 development permit." 28 24 0 0 1 3 subject to the penalties contained in Public Resources Code Article 2, Section 30820 et. seq.' 2 Any person who violated any provision of Division 20 of the Public Resources Code " 21.201.240 Violations of the Public Resources Code "21.201.250 Severability. 4 If any section, subsection, subdivision, paragraph, sentence, clause or phrase ordinance or any part thereof is for any reason held to be unconstitutional such decision I 5 6 affect the validity of the remaining portions of this chapter or any part thereof. The City declares that it would have passed each section, subsection, subdivision, paragraph, sentencc or phrase thereof, irrespective of the fact that any one or more sections, subsections, subd 7 paragraphs, sentences, clauses or phrases be declared unconstitutional." 8 SECTION XXI: That Title 21 , of the Carlsbad Municipal Code is ame 9 the addition of Chapter 21.202 to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 Sections: 21.202.010 2 1.202.020 21.202.030 21.202.040 21.202.050 21.202.055 21.202.060 21.202.070 21.202.075 21.202.080 21.202.090 Chapter 21.202 COASTAL AGRICULTURE OVERLAY ZONE Intent and Purpose Definitions Development of Coastal Agricultural Land Permits Required Permitted Uses on Agricultural Lands Lot and Yard Standards - Agricultural Lands Development of Coastal Agricultural Land Findings Required Before Conversion to Urban Areas Development on Coastal Agricultural Lands Not Consistent With Un Land Use Designation Proximity of Urban Development to Existing Developed Areas Review by Planning Commission "21.202.010 Intent And Purpose. The Coastal Agriculture Overlay (CA) Zone is established to implement Sections 3( 30171(b), 30241, 30242 and 30250 of the California Coastal Act and the Local Coastal Land Use Plan certified on June 1981. This zone recognizes agriculture as a priority use u Coastal Act and protects that use by establishing mechanisms to assure the continued and . agricultural use of agricultural lands. The local coastal program recognizes that lo1 23 24 agriculture may not be feasible and establishes agriculture as an interim use. Therefore, tl undertaken. The Coastal Agriculture Zone is an overlay zone; no use shall be allowed allows urban development of such lands if specific findings are made or mitigation meas 25 26 27 28 property zoned coastal agriculture unless such use complies with the provisions of this cha with the provisions of any other chapters of this title which are applicable to the property." . . .. .... li 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 a 0 "21.202.020 Definitions. For the purposes of this zone, terms used herein are defined as follows: A. Coastal Agricultural Lands: Means those agricultural lands identified on attached to the Land Use Plan certified on September 1980. The following are the lands ic on Map X: Approximate Acres Site I1 377 Site I11 275 Site IV 109 Lusk 93 Bankers 27 Hunt 200 Carltas 301.38 B. Class I-IV Agricultural Land: Means all land which qualifies for rating ah through Class IV in the U.S. Department of Agriculture Soil Conservation Service L Compatibility Classification. C. Class V-VI11 Agricultural Land: Means all land which qualified for rating as through Class VI11 in the U.S. Department of Agriculture Soil Conservation Service L Compatibility Classification. D. Land Division: Means the creation of any new property line whether by SUI or other means. E. Net Impacted Agricultural Land: Means for purposes of calculating mitigation acreage, the parcels and acreages designated on Map X (located in the Local Program Land Use Plan) and the 301.38 acre Carltas property suitable for agricultural use r~ acreage in steep slopes (25% or greater) and areas containing sensitive coastal resources th preclude development in addition to any acreage under the control of a public entity for recreation or open space use. F. Underlying Land Use Designation: Means those urban uses which are consisl the urban land use designation established by the Carlsbad General Plan and the Local Program Land Use Plan, which agricultural lands may be converted in conformance \ chapter. including any use necessary or convenient to urban use." 20 G. Urban Uses: Means any use other than a use permitted by Section 21 21 22 "21.202.030 Urban Development Of Coastal Agricultural Land. Coastal agricultural land may be converted from agricultural use and developed for u 23 in compliance with the procedures of this chapter." 24 25 26 27 28 il "2 1.202.040 Permits Required. No development, including but not limited to land divisions, as defined in Section 2 of this Code shall occur without a Coastal Development Permit having first been issued PUI Chapter 21.201 of this Code. A Master Plan or a planned development permit processed a1 to Section 21.202.060 shall be considered a coastal permit if also processed in complia ~ Chapter 21.201 ." 26 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 e 0 "21.202.050 Permitted Uses On Agricultural Lands. The provisions of this section shall apply to any coastal agricultural land which has 1 A. On any Class I through Class IV Agricultural Land the following uses f 1. Cattle, sheep, goats and swine production, provided that the numbe approved for development pursuant to this chapter. permitted: one or combination of said animals shall not exceed one animal per haK acre of lot asea. 3 for containing animals shall not be located within fifty feet of any habitable structure on 1 parcel, nor within three hundred feet of an adjoining parcel zoned for residential uses. 2. Crop production. 3. Floriculture. 4. Horses, private use. 5. Nursery crop production, 6. Poultry, rabbits, chinchillas, hamsters and other small animals, prov more than twenty five of any one or combination thereof shall be kept within fifty fee: habitable structure, or within three hundred feet of an adjoining parcel zoned for residential u 7. Roadside stands for display and sale of products produced on tl premises, with a floor area not exceeding two hundred square feet, and located not nea twenty feet to any street or highway. 8. Tree farms. 9. Truck farms. 10. Wildlife refuges and game preserves. 1 1. Other uses or enterprises similar to the above customarily carried 0: field of general agriculture including accessory uses such as silos, tank houses, shops, barns, coops, stables, corrals, and similar uses required for the conduct of the uses above. 12. One single family dwelling per existing legal building parcel. B. On any Class V through VI11 Agricultural Land the following uses only are pe 1. All of the permitted uses listed above, 2. Hay and feed stores. 3. Nurseries, retail and wholesale. 4, Packing sheds, processing plants and commercial outlets for farn 5. Greenhouses, provided all requirements for yard setbacks and ht provided that such activities are not located within 100 feet of any lot line. specified in Chapter 21.07 of this Code are met." "21.202.055 Lot And Yard Standards - Agricultural Lands. The provisions of this section shall apply to any coastal agricultural land which has I approved for development pursuant to this chapter. A. The minimum required lot area of any newly created lot shall not be less 1 acres unless the City Council finds that smaller parcel sizes will not adversely affect the agri use of the property. B. Every newly created lot shall have a minimum width of the rear line of the : front yard of not less than three hundred feet. C. Every lot shall have a required front yard of forty feet. Except as otherwise F in Section 21.202.050 no building or structure shall be located on the required front yard. D. Every lot and building site shall have a side yard on each side of the lot or 1 I1 27 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 0 a site not less than fifteen feet in width unless otherwise permitted by Section 21. 202.050. unless otherwise permitted by Section 21.202.050. E. Every lot and building site shall have a rear yard of not less than twenty i F. No building or structure shall exceed thirty five feet in height. G. Buildings and structures shall not cover more than forty percent of a lot. H. All residential structures shall conform to the provisions of Section 21.07.121 Code." "21.202.060 Development Of Coastal Agricultural Land. Coastal agricultural lands may be converted from agricultural to urban uses pursua A. Zoning approvals: following procedures: 1. For property over 100 acres in area a Master Plan shall be submi processed according to the provisions of Chapter 21.38 of this Code. The uses permitted pw the Master Plan shall be those permitted by the provisions of the Carlsbad General Plan and Local Coastal Program in effect at the time the application is submitted. 2. For property less than 100 acres in area, a planned development pen be submitted and processed pursuant to Chapter 21.45 or 21.47 of this Code, whicl applicable. The uses permitted pursuant to the planned development permit and the deve standards shall be as follows: Land Designation on Carlsbad General Plan Permitted Uses and Development Standard Residential Low Density R-140000 Residential Low Medium Density R-1 10000 Residential Medium Density RD-M Residential Medium to High Density RD-M Planned Industrial P-M (Map Y of the Certified Local Coastal Program shows existing permitted lan categories) B. Development permitted based upon mitigation of lands zoned coastal agricultl A Master Plan or planned development permit for urban development of lanc coastal agriculture shall, in addition to complying with all aspects of the City's General P1 include the following items: 1. An enforceable, non-revocable commitment by the property owner to permanently one acre of prime agricultural land within the California Coastal Zone for impacted acre of non-prime coastal agricultural land in the Local Coastal Program prop development. The preserved land shall be located in an area selected by the State Conservancy and approved by the City Council. This enforceable commitment shall require issuance of a building permit, the permanent transfer or dedication of interest in th agricultural land to a grantee that is a local or state agency, or a tax exempt organization q1 under Section 501(c)(3) of the U.S. Internal Revenue Code. Grantees also shall be li. organizations and agencies whose principal purposes are consistent with the preserv agriculture. 2. The following documentation pertaining to the prime agricultural lanc II 28 II 1 2 3 e 0 the Local Coastal Program that is being permanently preserved: a. Parties. Identification of the grantor and grantee (i.e. property and government agency or tax exempt organization having a letter determination from t documenting qualification per Section 501(c)(3) of the Internal Revenue Code). b. Legal Description. A legal description of the prime agricultur: 4 being preserved. agriculture. Acceptable interests include, but shall not be limited to, conservation easc 6 and purpose of the easement or other form of property interest being used to protecl 5 c. Type and Purpose of Easement. A clear statement defining t: interests running with the property, and a declaration of intent by the grantee to honor such 9 submitted declaring an intent to protect agricultural land through the creation of easements ( 8 d. Statement of Intent. A statement of intent by the grantor s servitudes, fee ownership or any other permanent restriction approved by the City Council. 7 transfers in trust, common law easements, open space easements, restrictive covenants, ec incorporated into the easement showing evidence of the agricultural lands that grantor and , intent in perpetuity. 10 e. Documentation. Maps, reports, aerial photographs sh 1 1 be potentially harmhl to conservation values. as the trustee or guardian. Restrictions shall prescribe all reasonable foreseeable activities tha 13 demonstrate the necessary authority to monitor and enforce compliance with terms of the agr l2 intend to preserve. for agricultural use, shall be included. ’ !5 interest by the grantee to another qualified organization should the grantee fail to maintain tl g. Executory Limitation. Provisions for forfeiture of the easen 14 16 h. Assignment. Grantee shall agree to hold easements or intere conservation purposes and guarantee that he will not transfer the easement except to an organ 17 qualified to hold such interests under the relevant California and Federal laws and the terms 18 section. 1 g of the grantee. All restrictions shall bind all subsequent purchasers or title holders of the re: f. Rights, Restrictions, Permitted Uses and Reservations. Grantc 1. Habendum Clause. The interest in property shall inure to the land and shall continue as a servitude running with the land in perpetuity. Manager proof of dedication by grantor and acceptance by grantee of an appropriate interest in 20 3. Prior to building permit issuance, the property owner shall present to tk 21 agricultural lands pursuant to subsection B2. 22 C. Urban development of lands shown to be not feasible for continued or re agricultural use. In lieu of the procedures established by subsection B. or subsection D. of I 23 21.202.060 property owners may complete an agricultural feasibility study prior to conver: lands designated coastal agriculture. The purpose of the feasibility study shall be to detc 24 consistent with Section 30242 of the Coastal Act, if continued or renewed agriculture is feas. 25 the subject property. 1. An applicant or group of applicants may complete an agricultural fea: 26 analysis for one or any combination of the following study areas: a. all coastal agricultural la the Local Coastal Program area; b. individual feasibility analyses for each of five sub-units 27 Local Coastal Program (refer to Map X; located in the Local Coastal Program Land Use Plan); 28 I1 29 1 2 3 4 0 Approximate Acres Site I1 377 Site I11 275 Site IV 109 Lusk/Bankers Site 120 Carltas Site 301.38 5 6 c. an individual study for the Hunt property may be submitted as part of a submitted Master I each of its sub-units, or d. feasibility studies may be submitted for contiguous land holdings acres or more in single ownership. capabilities, crop patterns, and minimum economic farm size. 9 a. Description of the farm unit under study including discussions 8 continued or renewed agriculture on coastal agricultural parcel(s) shall provide the following: b. Investment cost analysis including cost of land for agric c. Farm unit cash flow analysis (production costs, income, etc.). e. Implications of future trends in water cost and availability, la ’ 2 labor costs, and market competition. 13 3. Upon completion, the agricultural study shall be submitted to the C review and approval concurrent with the filing of a Master Plan or planned development perm 14 a. If the study finds that continued or renewed agriculture is feasit property owner has the choice of: (1) maintaining agricultural uses; or (2) proceedin, ’ !5 conversion and mitigation pursuant to the procedures set forth in subsection B of this section. 16 b. If the feasibility study finds that continued or renewed agricul not feasible and City Council concurs, the City shall review the submitted Master Plan or F 17 devel’opment permit on its merits and for consistency with the other provisions of this Code i Local Coastal Program. If City Council determines that the development is in conformance I ’ f3 provisions of the Code and the Local Coastal Program, it may be approved without mitigat 19 conversion of agricultural land. The approved feasibility study and Master Plan or g development permit approved by the City shall be prepared as a Local Coastal Program amen 20 and submitted to the Coastal Commission for certification. The Master Plan, planned develc permit or coastal permit shall not be final unless the Local Coastal Program amendment is apl 21 by the Coastal Commission. 7 2. Feasibility studies submitted for the purpose of determining the viak 10 purposes. 11 d. Tax considerations relative to feasibility. 22 D. Agricultural conversion mitigation fee. In lieu of the procedures establislr subsection B. or subsection C. of this section, property may be converted to urban use: 23 payment of an Agricultural Conversion Mitigation Fee. The amount of the fee shall be dete~ by the City Council at the time it considers a Coastal Development permit for urban developn 24 the property. The fee shall not be less than five thousand dollars nor more than ten thousand 25 per net converted acre of agricultural land and shall reflect the approximate cost of preserving agricultural land pursuant to subsection B. of this section. The fees shall be paid prior 26 issuance of building permits for the project. All mitigation fees collected under this section SI deposited in the State Coastal Conservancy Fund and shall be expended by the State C 27 Conservancy in the following order of priority: 28 1. Restoration of natural resources and wildlife habitat in Batiquitos L 30 e e 1 including but not limited to, continued funding of any maintenance, operation or enhanceme: necessary to implement any lagoon enhancement program approved by the City Council. 2 2. Development of an interpretive center at Buena Vista Lagoon. 3 3. Restoration of beaches managed for public use in the coastal zone in t: 4 coastal zone in the City of Carlsbad that is provided for in the certified Local Coastal Progrm 4. Any other project or activity benefiting natural or agricultural resource of Carlsbad. 5 E. Site I Special Restrictions. Notwithstanding anything to the contrary in this ( 6 7 8 9 10 11 12 Site I as shown on Map X shall not be converted to urban use except as specifically permittec Local Coastal Program provisions for urban development of Site I. "21.202.070 Findings Required Before Conversion To Urban Uses. A. Where a property owner has agreed to preserve prime agricultural land elsew the state coastal zone pursuant to Section 21.202.060 then the City Council prior to appro\ Master Plan or planned development permit must find that: 1. The conversion would preserve prime agricultural land in a manner COI with Section 30242 of the Public Resources Code, the certified Local Coastal Plan and this ch, 2. The Master Plan or planned development permit is consistent w certified Local Coastal Program. 3. Conversion would concentrate urban development consistent with : 13 30250 in areas able to accommodate it, and within or adjacent to developed areas. agricultural lands. 1 4 4. Conversion would be compatible with continued agriculture on a' create stable urbadrural boundaries within prime agricultural lands located elsewhere in the 16 Coastal Act, conversion would contribute to limiting conversions of prime agricultural la l5 5. Consistent with the certified Local Coastal Program and Section 30241 17 18 19 20 21 22 23 24 zone. B. Where a property owner has elected to complete an agricultural feasibility ar and the property owner and City agree, based on that analysis, that continued or renewed agrii is not feasible on the subject lands, and a City Council approved feasibility analysis and : Pldplanned development permit must incorporate City findings declaring that: 1. Continued or renewed agriculture is not feasible on the subject parcel( consistent with Section 30242 of the Coastal Act, conversion of the parcels designated 1 agriculture in the Land Use Plan shall not require the preservation of prime agricultural elsewhere in the coastal zone. 2, Development permitted is consistent with the certified Local Coastal Prc 3. Permitted development is compatible with continued agriculture on ac C. Where a property owner has agreed to pay an agricultural conversion mitigati , pursuant to Section 21.202.060 then the City Council prior to approval of a Master Plan or p agricultural lands. 25 development permit must find that: certified Local Coastal Program. 26 1. The Master Plan or planned development permit is consistent wi 3. The property owner has executed an agreement to pay the fee a1 28 agricultural lands. 27 2. Conversion would be compatible with continued agriculture on ac // 31 9 0 1 agreement has been approved by the City Council." 2 "21.202.075 Development On Coastal Agricultural Lands Not Consistent With Unc 3 Conversions of coastal agricultural lands to urban uses other than those underlying 1 4 designations identified on Map Y may be permitted pursuant to the procedures and findings 6 in Sections 21.202.060 and 21.202.070 subject to the preparation and submission of a Local 1 5 Program amendment for Coastal Commission certification. It 6 Land Use Designations. "21.202.080 Proximitv Of Urban Development To Existing Development Areas. A. Contiguous with or in close proximity to existing developed areas; C. Where it will not have significant adverse effects, either individually or cwnul 7 Urban development of agricultural lands shall be located: 8 10 9 B. In areas with adequate public facilities and services; on coastal resources." 11 I1 SECTION XXII: That Title 21 of the Carlsbad Municipal Code is amende, l2 ll by the addition of Chapter 2 1.203 to read as follows: 13 14 15 16 17 Chapter 21.203 COASTAL RESOURCE PROTECTION OVERLAY ZONE Sections: 21.203.01 0 Intent and Purpose 21.203.020 Applicant 21.203.030 Permit Required 21.203.040 Development Standards l8 ll "21.203.010 Intent And Purpose. The intent and purpose of the Coastal Resource Protection Overlay Zone is to: 19 20 21 22 23 A. Supplement the underlying zoning by providing additional resource pro regulations within designated areas to preserve, protect and enhance the habitat resource va Buena Vista Lagoon, Agua Hedionda Lagoon, Batiquitos Lagoon, and steep sloping hillsides; B. Provide regulations in areas which provide the best wildlife habitat characteristj C. Encourage proper lagoon management; D. Deter soil erosion by maintaining the vegetative cover on steep slopes; E. Implement the goals and objectives of Sections 30231,30233,30240(b) and 3( the Public Resources Code and the approved Carlsbad Local Coastal Program." 24 25 in the coastal zone as defined in Public Resources Code Section 301 71. In case of any c This chapter implements the California Coastal Act and is applicable to all properties 1 26 between this zone and the underlying zone, provisions of this zone shall apply." 27 28 "21.203.020 Applicability. .... ll 32 @ * 1 "2 1.203.030 Permit Required. Developments, including but not limited to, land divisions, as defined in Chapter 21 2 3 require a coastal development permit. This permit is subject to the requirements of this zone procedural requirements for coastal development permits of Chapter 21.201 of this code." 4 6 Resource Protection Overlay Zone as part of the coastal development permit. Such standarc 5 "21.203.040 Development Standards. The following specific development standards shall be applied to areas within the control, notwithstanding the provisions of the underlying zone and shall include: A. Preservation of Steep Slopes and Vegetation 7 Any development proposal that affects steep slopes (25% inclination or great< be required to prepare a slope map and analysis for the affected slopes. Steep slopes are id 8 9 on the PRC Toups maps. The slope mapping and analysis shall be prepared during the environmental review on a project-by-project basis and shall be required as a condition of a development permit. 12 and/or coastal sage scrub and chaparral plant communities, the following policy language a. Slopes of 25% grade and over shall be preserved in their natur: unless the application of this policy would preclude any reasonable use of the property, in 13 case an encroachment not to exceed 10% of the steep slope area over 25% grade may be pen For existing legal parcels, with all or nearly all of their area in slope area over 25% 14 encroachment may be permitted; however, any such encroachment shall be limited so that at r 15 is more than 20% of the entire parcel (including areas under 25% slope) permitted to be di: from its natural state. This policy shall not apply to the construction of roads of the 16 Circulation Element or the development of utility systems. Uses of slopes over 25% may be n order to provide access to flatter areas if there is no less environmentally damaging alte 1 7 available. b. No further subdivisions of land or utilization of Plannet 1 8 Developments shall occur on lots that have their total area in excess of 25% slope unless a P 19 Unit Development is proposed which limits grading and development to not more than 10% 10 apply: 11 1. For those slopes mapped as possessing endangered plant/animal total site area. 21 review process, shall be placed in a permanent open space easement as a condition of develc approval. The purpose of the open space easement shall be to reduce the potential for loc 22 erosion and slide hazards to prohibit the removal of native vegetation except for creating fire and/or planting fire retardant vegetation and to protect visual resources of importance to the 23 community. 24 2. For all other steep slope areas, the City Council may allow exceptions above grading provisions provided the following mandatory findings to allow exceptions are n 25 a. A soils investigation conducted by a licensed soils enginec determined the subject slope area to be stable and grading and development impacts mitigatal 26 at least 75 years, or life of structure. b. Grading of the slope is essential to the development intent and de 27 c. Slope disturbance will not result in substantial damage or altera 28 major wildlife habitat or native vegetation areas. 20 c. Slopes and areas remaining undisturbed as a result of the I: I1 33 r) 0 1 d. If the area proposed to be disturbed is predominated by steel and is in excess of 10 acres, no more than one third of the total steep slope area shall be su e. If the area proposed to be disturbed is predominated by steer and is less than 10 acres, complete grading may be allowed only if no interruption of sig 2 3 major grade changes. 6 problems and in many cases contain more extensive natural vegetation, no grading or rem 5 wildlife corridors occurs. 4 vegetation from these areas will be permitted unless all environmental impacts have been mit Overriding circumstances are not considered adequate mitigation. f. Because north-facing slopes are generally more prone to : 7 B. Drainage, Erosion, Sedimentation, Habitat 1. Buena Vista Lagoon: Developments located along the first row 8 bordering Buena Vista Lagoon, including the parcel at the mouth of the Lagoon, shall be des in this area shall be required to submit topographic and vegetation mapping and analysis, as 9 for residential development at a density of up to four dwelling units per acre. Proposed devel 10 soils reports, as part of the development permit application. Such information shall be proT addition to any required Environmental Impact Report, and shall be prepared by q1 1 1 professionals and in sufficient detail to locate the boundary of wetland and upland areas and 2 slopes in excess of 25%. Topographic maps shall be submitted at a scale sufficient to detem ' 2 appropriate developable areas, generally not less than a scale of 1 " - 100' with a topographic ( 13 interval of five feet, and shall include an overlay delineating the location of the proposed p The lagoon and wetland area shall be delineated and criteria used to identify any wetlands t 14 on the site shall be those of Section 30121 of the Coastal Act and based upon the standard: Local Coastal Program Mapping Regulations. Mapping of wetlands and siting of developme l5 be done in consultation and subject to the approval of the Department of Fish and ( 16 Development shall be clustered to preserve open space for habitat protection. Minimum setb at least 100 feet from wetlands/lagoon shall be required in all development, in order to buff 17 sensitive habitat area from intrusion. Such buffer areas, as well as other open space areas reql permitted development to preserve habitat areas, shall be permanently preserved for habit l8 through provision of an open space easement as a condition of project approval. In the even 1 g wetland area is bordered by steep slopes (in excess of 25%) which will act as a natural buffe: habitat area, a buffer area of less than 100 feet in width may be permitted. The density 20 permitted development shall be based upon the net developable area of the parcel, excludi portion of a parcel which is in wetlands or lagoon. As specified in (a), a density credit I 21 provided for that portion of the parcel which is in steep slopes. Storm drain alignments as pr 22 in the Carlsbad Master Drainage Plan which would be carried through or empty into Buen Lagoon shall not be permitted, unless such improvements comply with the requirements of S 23 30230, 30231, 30233, and 30235 of the Coastal Act by maintaining or enhancing the fur capacity of the Lagoon in a manner acceptable to the State Department of Fish and Game. 24 divisions shall only be permitted on parcels bordering the Lagoon pursuant to a single p 25 development permit for the entire original parcel. 2. Batiquitos Lagoon Watershed: Development located east of 1-5 (ge 26 referred to as the Savage property) shall be designated for a maximum density of developme units per gross acre, excluding wetlands and constrained slopes. Development shall takc 27 according to the requirements of the P-C Planned Community zone Chapter 21.38, supple me^ 28 these additional requirements. Land divisions shall only be permitted pursuant to a Master F I/ 34 1: II, @ 1 the entire original parcel subject to the requirements herein: specified in subsection B.4. of this section. 2 a. Drainage, Erosion and Sedimentation requirements shall 3 b. Detailed topographic maps shall be prepared by qualified profe including biologists, hydrologists and engineers in sufficient detail to locate the boundary ol 4 or wetland and upland areas. The scale shall not be less than 1 " = 100' with a contour interva feet, and shall include an overlay delineating the location of the development. The lag( 5 wetland areas shall be delineated according to the requirements of Section 30121 of the Coa and the Local Coastal Program mapping regulations, subject to the review and approval of tl ' Department of Fish and Game. 7 c. Development shall be clustered to preserve open space and habi d. A minimum setback of 100 feet from the lagoodwetland s 8 required. property furthest away from the lagoon at the base of the bluff in order to preserve the outs 9 e. At least 2/3 of any development shall be clustered on the ha1 10 visual and natural resources. f. Existing mature trees shall be preserved. 11 g. Public recreation facilities shall be provided as a condi development including picnic tables, parking, and a public access trail along the lagoon sho: l2 13 trail shall be secured by an irrevocable offer to dedicate public access but shall be develo] h. To facilitate provision of public use areas and preserval 14 of the lagoon. landscaped as a condition of development and shall be at least 15 feet wide with unobstructe Interstate 5 and along El Camino Real immediately upstream of the existing storm drai l8 lot area, excluding wetlands. 17 which is maintained in open space and public recreation in excess of fifty percent (50%) oft shall be provided for each two and one half percent (2 1/2%) of total lot area, excluding WI 16 surrounding the lagoon, an additional density credit of one dwelling unit per acre of develop ' !5 environmentally sensitive lands, and to maintain the outstanding visual resources in tl 19 following policy shall apply: A site-specific report prepared by a qualified professional s required for all proposed development, identifying mitigation measures needed to avoid in 20 runoff and soil erosion. The report shall be subject to the requirements of the model erosion ordinance contained in the Appendix to the Carlsbad Master Drainage Plan (June, 1980), an 21 additional requirements contained herein. Such mitigation shall become an element of the 22 and shall be installed prior to the initial grading. At a minimum, such mitigation shall construction of all improvements shown in the Master Drainage Plan for the area between the 23 site and the lagoon (including the debris basin), as well as: restriction of grading activitie: 24 months of April through September of each year; revegetation of graded areas immediate grading; and a mechanism for permanent maintenance if the city declines to acct 25 responsibility. Construction of drainage improvements may be through formation of an ass€ district, or through any similar arrangement that allots costs among the various landowner 26 equitable manner. 4. All Other Areas in the Coastal Zone: The following requirements sha! 27 unless superseded by the more specific requirements herein and subject to the modifil 28 additions, or exceptions detailed below, as a part of the permit application, the applicant shall 3. Areas - West of 1-5: For areas west of the existing Paseo del Norte, I1 35 4 0 1 the requirements of the Model Erosion Control Ordinance reprinted in the Appendix to tl an erosion, sedimentation and drainage report prepared by a qualified professional which i 1980 Carlsbad Master Drainage Plan, all requirements of the Master Drainage Plan, : 2 3 additional requirements specifically enumerated herein. The June 1980 Master Drainage Plar appendices are herein incorporated by this reference. No subsequent amendments are a par 4 zone unless certified by the Coastal Commission. The general provisions, procedures, st: content of plans and implementation contained therein are required conditions of develop 5 addition to the provisions below. Approved development shall include the following condii 6 addition to the requirements specified above: a. All offsite, downstream improvements (including debris basin 7 other improvements recommended in the Drainage Plan) shall be constructed prior to the issl a grading permit onsite. Improvements shall be inspected by city or county staff and cen 8 adequate and in compliance with the requirements of the Drainage Plan and the ad 9 requirements of this zone. If the city or county declines to accept maintenance responsibilitl improvements, the developer shall maintain the improvements during construction of th, 10 improvements. b. If the offsite or onsite improvements are not to be accep 1 1 maintained by a public agency, detailed maintenance agreements including provisions for fi 12 the maintenance through bonding or other acceptable means shall be secured prior to issuanc permit. Maintenance shall be addressed in the report required to be submitted with tht 13 application. The report shall discuss maintenance costs and such costs shall be certified a effort at obtaining accurate figures. 14 c. Construction of offsite drainage improvements may use an ass 15 district or any other acceptable manner. Such mechanisms shall be secured by bonding acceptable means prior to issuance of a coastal development permit. 16 d. If a public agency agrees to accept maintenance responsibi shall inspect the facilities prior to onsite construction or grading and indicate if such facilitie 17 continued maintenance. No onsite development may take place prior to acceptance of the t 18 improvements. e. All construction activities shall be planned so that grading w 19 in units that can be easily completed within the summer construction season. All grading 01 shall be limited from April 1 to October 1 of each year. All areas disturbed by grading 20 planted within 60 days of the initial disturbance and prior to October 1 with temporary or pe (in the case of finished slopes) erosion control methods. 21 22 enlarged according to the Carlsbad Master Drainage Plan, incorporating the changes t herein. Improvement districts shall be formed for presently undeveloped areas which are ex] 23 urbanize in the future. The improvement districts shall implement the Master Drainag Upstream areas in the coastal zone shall not be permitted to develop incrementally 24 installation of the storm drain facilities downstream, in order to assure protection ol 25 resources. New drainage facilities, required within the improvement districts shall be financ by some form of bond or from fees collected from developers on a cost-per-acre basis. 26 g. When earth changes are required and natural vegetation is r 27 the area and duration of exposure shall be kept at a minimum. h. Soil erosion control practices shall be used against "ons 28 erosion. These include keeping soil covered with temporary or permanent vegetation or wi f. Storm drainage facilities in developed areas shall be impro I1 36 I1 0 0 1 2 3 4 5 6 7 materials, special grading procedures, diversion structures to divert surface runoff from c soils, and grade stabilization structures to control surface water. offsite drainage. Preventing sediment from leaving the site should be accomplished by such I as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosil course, the most efficient way to control sediment runoff. C. Landslides and Slope Instability: Developments within 500 feet of areas id generally in the PRC Toups Report, figure 8, as containing soils of the La Jolla group (susce] accelerated erosion) or landslide prone areas shall be required to submit additional geologic containing the additional information required in the Coastal Shoreline Development Overlay D. Seismic Hazards: Development in liquefaction-prone areas shall include site- i. Apply "sediment control" practices as a perimeter protection to investigations done addressing the liquefaction problem and suggesting mitigation measure 8 9 residential development in excess of four units, commercial, industrial, and public facilitj have site-specific geologic investigations completed in known potential liquefaction areas. E. Floodplain Development: Within the coastal zone, in the 1 00-year floodplain: 10 or expanded permanent structures or fill shall be permitted. Only uses compatible with flooding shall be allowed." 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION XXII: That Title 21, of the Carlsbad Municipal Code is amenc by the addition of Chapter 21.204 to read as follows: 25 26 27 28 Chapter 2 1.204 COASTAL SHORELINE DEVELOPMENT OVERLAY ZONE Sections: 2 1,204.0 10 21.204.020 21.204.030 21.204.040 21.204.050 2 1.204.060 21.204.070 21.204.080 21.204.090 21.204.100 21.204.110 21.204.120 Intent and Purpose Application Permitted Beach Uses Conditional Beach Uses Uses not on the Beach, Subject to Coastal Shoreline Development Pen Requirements for Public Access Special Access Requirements for Developments or new Developmenl Containing Evidence of Historic Public Use Mechanisms for Guaranteeing Public Access Site Plans Required Site Plan Review Criteria Geotechnical Reports Waiver of Public Liability "21.204.01 0 Intent and Purpose. The Coastal Shoreline Development Overlay Zone is intended to provide land use re1 along the coastline area including the beaches, bluffs, and the land area immediately 1 thereof. The purpose of the Coastal Shoreline Development Zone is to provide for con development and land use along the coastline so that the public's interest in maintaining the I i li 37 0 0 1 2 as a unique recreational and scenic resource, promoting public safety and access, and in avoic adverse geologic and economic effect of bluff erosion, is adequately protected." 3 4 5 6 "21,204,020 Application, The Coastal Shoreline Development Overlay Zone shall be applied to areas within th I1 Segment of the Carlsbad Local Coastal Program located between the sea and the first put parallel to the sea.'' "21.204.030 Permitted Beach Uses. Permitted uses and developments are limited to the following uses and require a 7 9 B. Toilet and bath houses. 8 Development permit according to the requirements of this zone: A. Steps and stairways for access from the top of the bluff to the beach. C. Parking lots, only if identified as an appropriate use in the Local Coastal Prog~ Mello I1 Segment Land Use Plan; (see Policy 2-3). E. Concession stands for the rental of surfboards, air mattresses and other sports 10 D. Temporary refreshment stands, having no seating facilities within the structurt 11 12 13 14 15 16 equipment for use in the water or on the beach. F. Life guard towers and stations and other lifesaving and security facilities. G. Fire rings and similar picnic facilities. H. Trash containers. I. Beach shelters." "21.204.040 Conditional Beach Uses. A. Uses substantially similar to the permitted uses listed above may be permitte beach subject to this chapter and Chapters 21.42 and 21.50. B. Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining w 17 18 other such construction that alters natural shoreline processes shall be permitted when req serve coastal dependent uses or to protect existing structures or public beaches in dang erosion, and when designed to eliminate or mitigate adverse impacts on local shoreline sand 19 As a condition of approval, permitted shoreline structures may be required to replenish tl with imported sand. condition of project approval. As a further condition of approval, permitted shoreline structu 21 be required to provide public access. Projects which create dredge spoils shall be required tc 22 such spoils on the beaches if the material is suitable for sand replenishment. Seawalls constructed essentially parallel to the base of the bluff and shall not obstruct or interfere 23 passage of people along the beach at any time." 20 Provisions for the maintenance of any permitted seawalls shall be incluc 24 25 26 27 28 "21.204.050 Uses Not On The Beach Subiect To Coastal Shoreline Development Per Uses permitted by the underlying zone map may be permitted on non-beach areas s' granting of a Coastal Development Permit for coastal shoreline development issued pwsua procedures of Chapter 21.201 of this title, unless specifically prohibited by policies applicable ordinances in the approved Carlsbad Local Coastal Program. Non-beach areas arc as areas at elevations of 10 feet or more above mean sea level (North American Datum, Permitted uses are subject to the following criteria: ii 38 * 0 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 A. Grading and Excavation - Grading and excavation shall be the minimum nece complete the proposed development consistent with the provisions of this zone and the fo requirements: 1, Building sites shall be graded to direct surface water away from the to bluff, or, alternatively, drainage shall be handled in a manner satisfactory to the City wh prevent damage to the bluff by surface and percolating water. 2. No excavation, grading or deposit of natural materials shall be perm the beach or the face of the bluff except to the extent necessary to accomplish construction I to this section. B. New development fronting the ocean shall observe at a minimum, an ocean based on a "stringline" method of measurement. No enclosed portions of a structure ~ permitted further seaward allowed by a line drawn between the adjacent structure to the nc south; no decks or other appurtenances shall be permitted further seaward than those allon line drawn between those on the adjacent structures to the north and south. A greater ocean may be required for geologic reasons and if specified in the Local Coastal Program." "21.204.060 Requirements For Public Access. One or more of the following types of public access shall be required as a conc A. Lateral Public Access: development: 1. Minimum Requirements. Developments shall be conditioned to pro public with the right of access to a minimum of 25 feet of dry sandy beach at all times of tl The minimum requirement applies to all new developments proposed along the shoreline r any type of local permit including a building permit, minor land division or any other discretionary or nondiscretionary action. 2. Additional Requirements. New developments as specified below conditioned to provide the public with lateral public access in addition to minimum requirem a. Applicability (1). Seawalls and other shoreline protective devices. (2). Developments on parcels where there is evidence of public use. In such areas the amount and location of additional access shall be equal to the and extent of public use. (3). Development which either by itself or in conjunctit anticipated future projects adversely affect existing public access by overcrowding of majo access roads or existing beach areas. (4). Development which commits ocean front lands to non uses such as residential uses, non-visitor, or non-coastally oriented commercial and industria (5). Access as identified in the Local Coastal Prc Developments adjacent to Buena Vista Lagoon (See Policy 7-6 of the Local Coastal Progra I1 Segment Land Use Plan) and the parcel located at extreme north end of Ocean Street (Se 7-8 of the Local Coastal Program Mello I1 Segment Land Use Plan) b. Required Standards. In determining the amount and type of ac lateral public access to be required (x area for additional parking facilities, constru improvements to be made available to the public, increased dry sandy beach area, or type ( the dry sandy beach) the city shall make findings of fact considering all of the following: (1). The extent to which the development itself creates phy: II 39 II e e . 1 visual impediments to public access which has not been mitigated through revisions in design changes. 2 (2) The extent to which the development discourages thc 3 from visiting the shoreline because of the physical and visual proximity of the developmer shoreline. capacity and onstreet parking areas thereby making it more difficult to gain access to and us 5 6 coast by further congesting access roads and other existing public facilities such as beache and road or sewer capacities. 9 recreational areas inherent in the project affecting shoreline wave and sand movement process 8 (5). The potential for physically impacting beach anc use of existing beach and upland areas, thereby congesting current support facilities. 7 (4). The extent to which the development increases the inte provided, shall be conditioned to provide the public with the right of access of at least 25 fef where no beach exists or where beach is inaccessible because stairways have not or ca~ 10 1. Minimum Requirements. Development adjacent to a shorefront bluff 4 (3). The extent to which the development burdens existi] €3. Bluff Top Access: 11 12 13 14 15 16 17 18 19 20 21 I the current bluff edge for coastal scenic access to the shoreline. The minimum requirement ap all new developments proposed on bluff tops along the shoreline requiring any type of local including a building permit, a minor subdivision or any other type of discretionary c discretionary action. 2. Additional Requirements. New developments along the bluff top aree result in additional burdens to public access to the shoreline shall be conditioned to prov public with public access such as view points in addition to the requirements specified above. 3. Description of Accessway. The bluff top access shall be described as beginning at the current bluff edge extending at least 25 feet inland. Due to the potential for of the bluff edge, the area shall be adjusted inland to the current bluff edge as the edge re1 However, the easement shall not extend any closer than 10 feet from an occupied resi structure or the distance specified in the certified Local Coastal Program. The area shall be described with the furthest inland extent of the area possible referenced as a distance from , monument in the following manner: "Such easement shall be located along the bluff top mc inland from the daily bluff edge. As the daily bluff top edge may vary and move inland, the 1( of this right-of-way would change over time with the then current bluff edge, but in no case extend any closer than feet fiom (a fixed inland point, such as a road or other easement monun C. Vertical Access: 22 1. Requirements. Development between the first public road and the sea I required to provide both lateral and vertical access. 23 determination shall be supported by findings of fact which consider all of the following: 24 review all of the following factors in determining whether vertical access is required. 2. Standards for Determining if Vertical Access is to be Required. The cit 25 a. Existing and anticipated public need to gain access to the sh including the location and use of currently existing official accessways in the vicinity. 26 b. Physical constraints of the site, including availability of sandy 27 safety and current use, and habitat values proximity to agricultural areas, military security. 28 such use. c. Ability to provide for public use by mitigating time and local ii 40 e e 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 d. Location and necessity of support facilities. If suitable parkir do not exist, vertical accessways will be required at frequent intervals, so that parking will bt in the area at an even rate. available to protect privacy. access. 3. Types of Use of Vertical Access Area. The vertical access requir condition of development shall be limited to the public right-of-pass and repass unless anotl of use is specified as a condition of the development. In determining if another type 0: appropriate, the local government shall consider the specific factors enumerated in this Sectio 4. Siting and Description of the Accessway. If possible, vertical accc shall be sited along the border of the development and shall extend from the road to the bluff shoreline. If a different siting of the accessway is more appropriate considering the topogr the site and the design of the proposed project, the vertical accessway may be resited in the m the parcel. If sited in the middle of a parcel, the property shall be surveyed at the land expense and a legal description shall be prepared. If a residential structure is prop02 accessway should not be sited closer than 5 feet to the structure or the distance specified certified Local Coastal Program. The vertical accessway shall be a minimum of 10 feet in v allow for public pedestrian use of the corridor. Any accessway shall be legally described 1 issuance of the coastal development permit. 5. Vertical Accessways identified in the Mello I1 Segment of Carlsbad' Coastal Program. a. Vacant parcel adjacent to ArmyNavy Academy at Del Mar Strc b. South Carlsbad State Beach at intersection of Carlsbad Boulev c. Vacant parcel at Ocean Street." e. Privacy needs of property owner and site design changes wl f. Nature of the development proposed in relation to its impact 0: Palomar Airport Road. "21.204.070 Special Access Requirements For Developments Or New Developmc Sites Containing Evidence Of Historic Public Use. If the certified Local Coastal Program or the permit process produces evidence of 1 public use on a development site located in the coastal zone, development shall be required 1 all of the following requirements: A. Siting and Design of Development: 1. Development shall be sited and designed in a manner which does not i~ or diminish the potential public rights based on historic public use. Mechanisms for guara the continued public use of the site shall be required in accordance with Section 21.204.080; o 2. Development may be sited in the area of potential historic public use p: that an area of equivalent public access has been provided in the immediate vicinity development site which will accommodate the same type and intensity of use as previous have existed on the development site. An equivalent access area shall provide access of coml site, and type of use. Mechanisms for guaranteeing the continued public use of the area s required in accordance with Section 21.204.080. B. An access condition shall not serve to extinguish, adjudicate or waive pc prescriptive rights. In permits with possible prescriptive rights, the following language s added to the access condition: "Nothing in this condition shall be construed to constitute a waiver of any sc ll 41 1 2 3 4 5 6 0 e determination on any issue of prescriptive rights which may exist on the parcel itself or designated easement. " In addition, findings shall be made which specifically addr prescriptive rights issue. C. The Certified Local Coastal Program indicates evidence of historic use on located seaward of Carlsbad Boulevard adjacent to Buena Vista Lagoon. Other areas may subject to such use." "21.204.080 Mechanism For Guaranteeing Public Access. A. Legal Instruments Required. Prior to the issuance of a permit for development in the coastal zone between 7 public road and the sea, each applicant shall record one of the following legal documents as s 9 1. Irrevocable Offer to Dedicate. Prior to issuance of a development per 8 in the condition of approval. landowner shall submit a preliminary title report and shall record an irrevocable offer to ded easement or fee interest free of prior liens and encumbrances except tax liens in the public act 10 as described in the permit condition. This offer can be accepted by an appropriate agency wh 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or may not be the local government within 21 years. 2. Outright Grant of Fee Interest or Easement. If the parcel is importan of itself for access needs, the size and scope of the proposed development is such that an interest is appropriate, or there is an accepting agency available to accept the easemen Subdivision Map approvals), a grant of an easement or fee is required prior to issuance of the proposed for public access and the landowner retains all responsibility for the maintenancc accessway. Deed restrictions are appropriate in limited situations, s, in a large res development where the accessways will mostly be used by residents and a homeowners assc is available to maintain the accessway or in commercial facilities. Deed restrictions appropriate for small parcels or for accessways that will require public maintenance. B. Title Information: As a condition to the issuance of the permit, the applicant required to furnish an ALTA title report and all necessary subordination agreements. Title in may also be required where extensive easements are being granted. The amount of insuran i be estimated on the basis of what it would cost to acquire an equivalent access or recreatic elsewhere in the vicinity. C. Procedure copies of the recorded document, title report, and permit shall be fol to the California Coastal Commission within 10 days after submission of the recorded docur preparation of the coastal access inventory as required by Section 30530 of the Coastal A( accepting agency or Commission staff may make minor revisions to the documents ( corrections in the legal descriptions, minor revisions to the location and use of the access order to open the area up for public use) to assure that the public right-of-access along dy beaches, bluff top parcels, or the vertical accessways is protected and capable ol implemented." 3. Deed Restrictions. Deed restrictions do not grant any interest "21.204.090 Site Plans Required. Applications for site plan review shall be accompanied by such data and information be required by the Planning Director including maps, plans, drawings, sketches and doct material as is necessary to show: A. Boundaries and Topography - Boundaries and existing topography of the p 42 ii a e 1 3 existing trees and the proposed disposition or use thereof; 2 location of bluff line and beach, and adjoining or nearby streets; B. Existing Structures - Location and height of all existing buildings and st1 C. Proposed Structures - Location, height, and proposed use of all proposed st^ including walls, fences and freestanding signs, and location and extent of individual building interior roads and driveways, parking areas, and pedestrian walkways; underground drainage systems; 4 E. Drainage - Location and treatment of important drainage ways, i~ 5 D. Circulation - Location and dimensions of ingress and egress and egress 6 F. Finished Topography - Proposed grading and removal of placement of 7 materials, including finished topography of the site; and 9 swimming pools and other landscape or activity features." 8 G. Landscaping - Proposed landscaping plan including location of game Planning Director for conformance with the following criteria: 10 The site plans required by Section 21.204.090 shall be reviewed and evaluate( "21.204.100 Site Plan Review Criteria. A. Coastal Development Regulations - All elements of the proposed develop 1 1 consistent with the intent and purpose of the Coastal Shoreline Development Overlay Zone. B. Appearance - Buildings and structures will be so located on the site as to ' 2 generally attractive appearance and be agreeably related to surrounding development and th 13 environment. C. Ocean Views - Buildings, structures, and landscaping will be so located as to 14 to the degree feasible any ocean views as may be visible from the nearest public street. D. Retention of Natural Features - Insofar as is feasible, natural topography a ' 5 features of the site will be retained and incorporated into the proposed development. 16 E. Grading and Earth-moving - Any grading or earth-moving operations in cc with the proposed development are planned and will be executed so as to blend with the 17 terrain both on and adjacent to the site. Public Access - The policies of the Local Coastal Program pertaining to pub1 ' 8 have been carried out." 19 20 "21.204.1 10 Geotechnical Reports. A. Geotechnical reports shall be submitted to the Planning Director as p: application for plan approval. Geotechnical reports shall be prepared and signed by a prc 27 civil engineer with expertise in soils and foundation engineering, gnJ a certified en 22 geologist or a registered geologist with a background in engineering applications. T document shall consist of a single report, or separate but coordinated reports. The docume 23 be based on an onsite inspection in addition to a review of the general character of the su shall contain a certification that the development as proposed will have no adverse effe 24 stability of the bluff and will not endanger life or property, and professional opinions s 25 26 27 28 following: 1. The area covered in the report is sufficient to demonstrate the gec hazards of the site consistent with the geologic, seismic, hydrologic and soil conditions at tk 2. The extent of potential damage that might be incurred by the de\ during all foreseeable normal and unusual conditions, including ground saturation an( caused by the maximum credible earthquake; il 43 . $ 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 * 0 1 3. The effect the project could have on the stability of the bluff. B. As a minimum the geoteclmical report(s) shall consider, describe and anal: 1 following: I. Cliff geometry and site topography, extending the surveying w70rk bey, site as needed to depict unusual geomorphic conditions that might affect the site. 2. Historic, current and foreseeable cliff erosion including investiga recorded land surveys and tax assessment records in addition to the use of historic m: ~ photographs where available and possible changes in shore configuration and sand transport. 3. Geologic conditions, including soil, sediment and rock typl 4. Evidence of past or potential landslide conditions, the implications conditions for the proposed development, and the potential effects of the development on 1; activity. ' characteristics and structural features, such as bedding, joints and faults. 5. Impact of construction activity on the stability of the site and adjacent 6. Ground and surface water conditions and variations, including hy changes caused by the development (Le., introduction of sewage effluent and irrigation wat ground water system, alterations in surface drainage). 7. Potential erodibility of site and mitigating measures to be used tc minimized erosion problems during and after construction (i.e., landscaping and drainage de: 8. Effects of marine erosion on seacliffs. 9. Potential effects of earthquakes including: a. ground shaking ca maximum credible earthquake, b. ground failure due to liquefaction, lurching, settlement and and c. surface rupture. 10. Any other factors that might affect slope stability. 11. The potential for flooding due to sea surface super elevation (wind a surge, low barometric pressure and astronomical tide), wave run-up, tsunami and river floj potential should be related to one hundred and five hundred year recurrence intervals. 12. A description of any hazards to the development caused by possible ; dams, reservoirs, mudflows or slides occurring off the property and caused by forces or beyond the control of the applicant. i 13. The extent of potential damage that might be incurred by the devc ~ during all foreseeable normal and unusual conditions, including ground saturation and ~ caused by the maximum credible earthquake. 14. The effect the project could have on the stability of the bluff. 15. Mitigating measures and alternative solutions for any potential impac The report shall also express a professional opinion as to whether the proje designed or located so that it will neither be subject to nor contribute to significant instability throughout the lifespan of the project. The report shall use a currently a engineering stability analysis method, shall describe the degree of uncertainty of analytic due to assumptions and unknowns, and at a minimum, shall cover an area from the toe of inland to a line described on the Muff top by the intersection of a plane inclined at a 20 de€ from horizontal passing through the toe of the bluff or 50 feet inland from the bluff edge, 7 is greater. The degree of analysis required shall be appropriate to the degree of potc presented by the site and the proposed project. If the report does not conclude that the projs designed and the site be found to be geologically stable, no coastal shoreline developmc shall be issued." 44 1 -. 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 “2 1.204.120 Waiver Of Public Liabilitv. As part of the Coastal Development Permit for a coastal shoreline development, the following requirement shall be completed: That prior to the transmittal of the Coastal Development Permit, the applicant shall submit to the Planning Director a deed restriction for recording, free of prior liens except for tax liens, that binds the applicant and any successors in interest. The form and content of the deed restriction shall be subject to the review and approval of the Planning Director. The deed restriction shall provide a. that the applicants understand that the site may be subject to extraordinary hazard from waves during storms, from erosion, and from landslides, and the applicants assume the liability from those hazards; b. the applicants unconditionally waive any claim of liability on the part of the California Coastal Commission or the City of Carlsbad for any damage from such hazards; and c. the applicants understand that construction in the face of these probable hazards may make them ineligible for public disaster funds or loans for repair, replacement, or rehabilitation of the property in the event of storms and landslides.” SECTION XXIII: That Title 21, of the Carlsbad Municipal code is amended by the addition of chapter 2 1.205 to read as follows: Chapter 2 1.205 COASTAL RESOURCE OVERLAY ZONE MELLO I LCP SEGMENT Sections: 21.205.010 Intent and Purpose 21.205.020 Authority - Conflict 21.205.030 Permits - Required 21.205.040 Maximum Density of Development 21.205.050 Mitigation 2 1.205.060 Erosion, Sedimentation, Drainage 21.205.070 Buffer “21.205.010 Intent And Purpose. This zone supplements the underlying zone with additional resource protection policies required to implement the Land Use Plan pursuant to the California Coastal Act codified in Section 30000 et seq. of the Public Resources Code (all citations refer to that code). Property located in this zone is located in the watershed of Batiquitos Lagoon identified by the California Department of Fish and Game as a unique, wetland habitat. Sections 3023 1,30240(b) and 30253 require that the developments adjacent to such areas be sited and designed to be compatible with the unique habitat. In addition, Section 30242 of the Coastal Act require measures to be taken to protect continued agricultural uses in the coastal zone. Property located in this zone is also located adjacent to agricultural areas. The City finds that the additional requirements of this zone are necessary in order to implement the additional requirements of the Coastal Act enumerated above. Only with such requirements on private developments in the watershed can the City assure permanent protection of natural resources located in its portion of the coastal zone.” II 45 49 ll 0 0 1 This chapter is adopted to implement the California Coastal Act. In the case of any "21 -205.020 Authority - Conflict. between this zone and the underlying zone, the provisions of this zone shall apply, Further il 2 3 4 any conflict between this zone and any other provision of the City Code, the provisions oft shall apply." 5 6 7 8 9 10 11 12 13 14 15 "21.205.030 Permits - Required. Developments, including but not limited to, land divisions, as defined in Chapter 2 require a coastal development permit. Such permits are subject to the requirements of this 2 the procedural requirements for coastal development permits of Chapter 65 2 1.201 .'I "21.205.040 Maximum Density Of DeveloDment. The maximum density of development shall be 7 units per gross acre. The underly shall be either Planned Community P-C Chapter 21.38 or RD-My Residential Density-Multi] Chapter 21.24, in effect on September 30, 1980. The parking requirements of Uses G Chapter 21.44, shall also apply. No subsequent amendments of the underlying zones app coastal zone unless certified by the Coastal Commission." "21.205.050 Mitigation. All recommended mitigation suggested by the certified final EIR shall be incorpor, part of the project and shall be required as a condition of approval of the coastal devc permit." "2 1.205.060 Erosion Sedimentation, Drainage. Subject to the modifications, additions, or exceptions detailed below, as a part of tl 16 application, the applicant shall submit an erosion, sedimentation and drainage report prep: reprinted in the Appendix to the June 1980 Carlsbad Master Drainage Plan, all requiremer 17 qualified professional which includes the requirements of the Model Erosion Control C 18 Master Drainage Plan, and the additional requirements specifically enumerated herein. ' 1980 Master Drainage Plan and its appendices are herein incorporated by this refere1 19 subsequent amendments are a part of this zone unless certified by the Coastal Commissi general provisions, procedures, standards, content of plans and implementation contained tl- 20 required conditions of development in addition to the provisions below. Approved devl 21 shall include the following conditions, in addition to the requirements specified above: A. All offsite, downstream improvements (including debris basin and a 22 improvements recommended in the Drainage Plan) shall be constructed prior to the issui grading permit onsite. Improvements shall be inspected by City staff and certified as adequ: 23 compliance with the requirements of the Drainage Plan and the additional requirements of 1 24 If the City declines to accept maintenance responsibility for the improvements, the develc maintain the improvements during construction of the onsite improvements. 25 B. If the offsite or onsite improvements are not to be accepted and maintai public agency, detailed maintenance agreements including provisions for financing the ma 26 through bonding or other acceptable means shall be secured prior to issuance of the Maintenance shall be addressed in the report required to be submitted with the permit apI 27 The report shall discuss maintenance costs and such costs shall be certified as a best 28 obtaining accurate figures. 46 3 - li e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C. Construction of offsite drainage improvements may use an assessment distric other acceptable manner. Such mechanisms shall be secured by bonding or other acceptabl prior to issuance of a coastal development permit. D. If a public agency agrees to accept maintenance responsibilities, it shall in: facilities prior to onsite construction or grading and indicate if such facilities assure c' maintenance. No onsite development may take place prior to acceptance of the improvements. E. All construction activities shall be planned so that grading will occur in units be easily completed within the summer construction season. All grading operations shall b from April 1 through October 1 of each year. All areas disturbed by grading shall be plant< 60 days of the initial disturbance and prior to October 1 with temporary or permanent (in th finished slopes) erosion control methods. The use of temporary erosion control measures berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall bc in conjunction with plantings to minimize soil loss from the construction site. Said planting accomplished under the supervision of a licensed landscape architect, and shall consist of mulching, fertilization and irrigation adequate to provide 90% coverage within 90 days. shall be repeated if the required level of coverage is not established. This requirement shall all disturbed soils including stockpiles. this requirement shall be a condition of the permit." "21.205.070 Buffer. A sturdy fence capable of attenuating noise and dust impacts, generally to be a concr wall a minimum of 6 feet in height, shall be provided between residential developr agricultural areas to the north and east. As a partial alternative, utilization of natural toy separations such as trees, chaparral, and existing slopes is encouraged, to the extent 1 separations can be incorporated into site planning and would accomplish adequate atten noise and dust. Permanent maintenance through a homeowners association or other at means shall be provided as a condition of development." EFFECTIVE DATE: This ordinance shall be effective after the second read thirty days after its adoption and after the effective certification by the Coastal Commiss: city clerk shall certify the adoption of this ordinance and cause it to be published at least 22 Notwithstanding the foregoing, this ordinance shall not be effective until approved by th 23 newspaper of general circulation in the City of Carlsbad within fifteen days after its 24 Commission. 25 26 27 .... .... 28 47 E - -n 1 0 0 INTRODUCED AND FIRST READ at a regular meeting of the Carlsl: 2 3 Council on the 9th day of JULY , 1996, and thereafter 4 PASSED AND ADOPTED at a regular meeting of the City Council of the 5 !I Carlsbad on the 16th day OfJULX 1996, by the following vote, to wit: 6 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hal 7 8 NOES: None ABSENT: None 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ABSTAIN: None APPROVED AS TO FORM AND LEGALITY ATTEST: ALETHA L. RAUTENKRANZ, City Clerk / (SEAL) 26 27 28 48