The URL can be used to link to this page

Home My WebLink About2000-01-04; City Council; NS-524; CMC 21.53/.95 amends - Hillside Ord amendment suggested mods...e 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 ORDINANCE NO. NS-524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA7 AMENDING SECTIONS AND 21.95.140(A) OF THE HILLSIDE DEVELOPMENT CHAPTER AND SECTION 21.53.230(d) OF THE USES GENERALLY CHAPTER OF THE CARLSBAD MUNICIPAL CODE INCORPORATING THE CALIFORNIA COASTAL COMMISSION’S SUGESTED MODIFICATIONS. CASE NAME: HILLSIDE ORDINANCE AMENDMENT CASE NO.: ZCA 96-04CA) The City Council of the City of Carlsbad, California does ordain as fol SECTION 1: That Section 21.95.120Al of the Carlsbad Munici] 21,95,12O(A)(l), 21.95.120@)(2), 21,95,13O(A), 21.95.130(B), SUGGESTED MODIFICATIONS amended to read as follows: “21.95.120Al Hillside development and design standards All development on natural slopes of twenty-five percent or greate. coastal zone shall comply with the requirements of Chapters 21.38 and 21.203 of t Municipal Code and the slope protection policies of the applicable local coas segment. Additionally, all hillside development processed pursuant to this chap consistent with all applicable provisions and policies of the certified local coastal pro shall not result in significant adverse impacts to coastal resources. Within the coa; case of conflict between this section and any other provision of Chapter 21 Development Regulations, this section shall apply.” SECTION 2: That Section 21.95.120B2 of the Carlsbad Munici: amended to read as follows: “21.95.120B2 Hillside development and design standards Outside the coastal zone, projects which propose the developmen slopes defined in Section 21.95.120@3)(1) shall nevertheless be allowed, only if qualifies as an exclusion or obtains a modification, pursuant to Sections 21 2 1.95.140, respectively.” SECTION 3: That Section 21.95.130A of the Carlsbad Munici] amended to read as follows: “2 1.95.130A Exclusions Outside the coastal zone, the following are excluded from 1 Development and Design Standards of Section 21.95.120: 1. Hillside areas where a Circulation Element roadway or a co must be located provided that the proposed alignment(s) are environmentally p comply with all other City standards. a 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 2. Grading volumes, slope heights and graded areas which associated with Circulation Element roadways or collector streets, provided that t alignment(s) are environmentally preferred and comply with all other City standards. 3. Hillside areas that have unusual geotechnical or soil cor necessitate corrective work that may require significant amounts of grading.” SECTION 4: That Section 21.95.130B of the Carlsbad Municil amended on to read as follows: “21.95.130B Exclusions Within the coastal zone, grading for construction of Circulatic roadways are excluded from Sections 21.38.141(C)(l)(a) and 21.203.04O(A)(l) of th Code.” SECTION 5: That Section 21.95.140A of the Carlsbad Municip amended to read as follows: “21.95.140A Modifications to the development and design standards Outside the coastal zone, the decision-making body or official may modification to the Hillside Development and Design Standards of Section 21.95.12 that the proposed development complies with the Purpose and Intent provisions 21.95.010 and makes one or more of the following findings: 1. The proposed modification will result in significantly more op undisturbed area than would a strict adherence to the requirements of Section 21.95.12 2. The proposed modification will result in the development of m slopes whch are more aesthetically pleasing and natural appearing than would a stric to the requirements of Section 21.95.120. SECTION 6: That Section 21.53.230(d) of the Carlsbad Municip amended to read as follows: “21.53.230(d) Residential Density Calculations, Residential DI (a) For the purposes of Titles 20 and 21 of this Code, residential densj (b) The following lands are considered to be undevelopable and shall E Restrictions on Open Space and Environmentally Sensitive Lands determined based on the number of dwelling units per developable acre of property. from density calculation: (1) Beaches; (2) Permanent bodies of water; (3) Floodways; (4) Natwal slopes with an inclination of greater than forty percen (5) Significant wetlands; (6) Significant riparian or woodland habitats; (7) Land subject to major power transmission easements; (8) Land upon which other significant environmental features as permitted pursuant to Section 21.95.120B of this Code; I -2- ~ I/ e 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 by the environmental review process for a project are located; (9) Railroad track beds. (c) No residential development shall occur on any property listed in sub Subject to the provisions of Chapters 21.33 and 21.1 10, the City Council may pel development of such property if, when considering the property as a whole, the against development would constitute an unconstitutional deprivation of property. T, Commission or City Council, whichever is the final decisionmaking body for a development may permit accessory facilities, including, but not limited to, recreation; and on land subject to major power transmission easements. (d) Residential development on slopes with an inclination of twenty-five to fo inclusive, shall be designed to minimize the amount of grading necessary to accorr project. For projects within the coastal zone, the grading provisions of the Carlsbad 1 program and Chapters 21.38 and 21.203 of the Municipal Code shall apply.” view areas, and vehicular parking areas, to be located in floodplains (subject to Char EFFECTIVE DATE: This ordinance shall be effective thirty da! adoption, and the City Clerk shall certify to the adoption of this ordinance and ca1 published at least once in a publication of general circulation in the City of Carls fifteen days after its adoption. Notwithstanding the preceding, this ordinance I effectuates a Local Coastal Program Amendment, and shall not be effective in the Cc until it is approved by the Coastal Commission. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad C: December held on the 14th day of / , 1999, and thereafter /Iff ffff /Iff flff fflf /Iff If// Iff/ If /I ~ i I A I -5 - 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 PASSED AND ADOPTED at a regular meeting of said City Council 4 th day of JANUARY ,2000, by the following vote, to wit: AYES:Council Members Lewis, Hall, Finnila, Nygaard, Kulc NOES: NoNE ABSENT: NONE CLAUDE A. LE ATTEST: (SEAL) -4-