HomeMy WebLinkAbout2002-03-05; City Council; NS-622; CMC 21.203/.205 amend - NPDES Stormwater Update...1
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ORDINANCE NO. NS - 622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE
WATER PROTECTION REQUIREMENTS OF THE SAN DIEGO
REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO
MUNICIPAL STORMWATER ORDER NO. 2001-01.
CASE NAME: NPDES STORMWATER UPDATE
CASE NO.: ZCA 01 -08
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORM-
amended by the amendment of Section 21.203.040(B)(3) to read as follows:
3. Areas West of 1-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and
along El Camino Real immediately upstream of the existing storm drains, the following policy
shall apply:
a. All development must include mitigation measures for the control of urban runoff flow
rates and velocities, urban pollutants, erosion and sedimentation in accordance with the
requirements of the City's Grading Ordinance, Stormwater Ordinance, SUSMP, JURMP, Master
Drainage Plan and the San Diego County Hydrology Manual and any amendments to them.
Such mitigation shall become an element of the project, and shall be installed prior to the initial
grading. Mitigation shall require construction of all improvements shown in the master drainage
plan and any amendments to them for the area between the project site and the lagoon
(including the debris basin), as well as revegetation of graded areas immediately after grading;
and a mechanism for permanent maintenance if the city declines to accept the responsibility.
Construction of drainage improvements may be through formation of an assessment district, or
through any similar arrangement that allocates costs among the various landowners in an
equitable manner.
SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.203.040(B)(4) to read as follows:
4. All Other Areas in the Coastal Zone. All development must include mitigation
measures for the control of urban runoff flow rates and velocities, urban pollutants, erosion and
sedimentation in accordance with the requirements of the City's Grading Ordinance, Stormwater
Ordinance, SUSMP, JURMP, Master Drainage Plan, the San Diego County Hydrology Manual
and amendments to them and the additional requirements enumerated in this Code Section.
Mitigation shall also require construction of all improvements shown in the master drainage plan
and amendments to it. No subsequent amendments are a part of this zone unless certified by
the Coastal Commission. The general provisions, procedures, standards, content of plans and
implementation contained with them are required conditions of development in addition to the
provisions below. Approved development shall include the following conditions, in addition to the
requirements specified above:
a. All offsite, downstream improvements (including debris basin and any other
improvements recommended in the drainage plan) shall be constructed prior to the issuance of
a grading permit onsite. Improvements shall be inspected by city or county staff and certified as
adequate and in compliance with the requirements of the drainage plan and the additional
requirements of this zone. If the city or county declines to accept maintenance responsibility for
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the improvements, the developer shall maintain the improvements during construction of the
onsite improvements.
b. If the offsite or onsite improvements are not to be accepted and maintained by
a public agency, detailed maintenance agreements including provisions for financing the
maintenance through bonding or other acceptable means shall be secured prior to issuance of
the permit. Maintenance shall be addressed in the report required to be submitted with the
permit application. The report shall discuss maintenance costs and such costs shall be certified
as a best effort at obtaining accurate figures.
c. Construction of offsite grading improvements may use an assessment district
or any other acceptable manner of financing. Such mechanisms shall be secured by bonding or
other acceptable means prior to issuance of a coastal development permit.
d. If a public agency agrees to accept maintenance responsibilities, it shall
inspect the facilities prior to onsite construction or grading and indicate if such facilities assure
continued maintenance. No onsite development may take place prior to acceptance of the
drainage improvements.
e.. All areas disturbed by grading shall be planted within sixty days of initial
disturbance and prior to October 1st with temporary or permanent (in the case of finished
slopes) erosion control methods.
f. Storm drainage facilities in developed areas shall be improved and enlarged
according to the Carlsbad master drainage plan, incorporating the changes specified in this
Section. Improvement districts shall be formed for presently undeveloped areas which are
expected to urbanize in the future. The improvement districts shall implement the master
drainage plan. Upstream areas in the coastal zone shall not be permitted to develop
incrementally prior to installation of the storm drain facilities downstream, in order to assure
protection of coastal resources. New drainage facilities, required within the improvement
districts shall be financed either by some form of bond or from fees collected from developers
on a cost-per-acre basis.
g. When earth changes are required and natural vegetation is removed, the area and duration of exposure shall be kept at a minimum.
h. Soil erosion control practices shall be used against "onsite" soil erosion. These
include keeping soil covered with temporary or permanent vegetation or with mulch materials,
special grading procedures, diversion structures to divert surface runoff from exposed soils, and
grade stabilization structures to control surface water.
i. Apply "sediment control" practices as a perimeter protection to prevent offsite
drainage. Preventing sediment from leaving the site should be accomplished by such methods
as diversion ditches, sediment traps, vegetative filters, and sediment basins. Preventing erosion
is, of course, the most efficient way to control sediment runoff.
New development and significant redevelopment of private and publicly-owned properties, must
incorporate design elements and/or best management practices (BMPs) which will effectively
prevent runoff contamination, and minimize runoff volume from the site in the developed
condition, to the greatest extent feasible. At a minimum, the following specific requirements shall
be applied to development of type and/or intensity listed below:
development with greater than ten housing units shall include a drainage and pollution runoff
Residential DeveloDment. Development plans for, or which include, residential housing
control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of
runoff produced from each and every storm event up to and including the eighty-fifth percentile
twenty-four hour runoff event, prior to conveying runoff in excess of this standard to the
stormwater conveyance system. The plan shall be reviewed and approved by the consulting
soils engineer or engineering geologist to ensure the plan is in conformance with their
recommendations. The plan shall be designed in consideration of the following criteria, and
approved prior to issuance of a coastal development permit:
j. In addition the following shall apply to development within Kelly Ranch:
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i. Maximize the percentage of permeable surfaces and green space to
allow more percolation of runoff into the ground and/or design site with the capacity to convey or
store peak runoff from a storm and release it at a slow rate so as to minimize the peak
discharge into storm drains or receiving water bodies;
ii. Use porous materials for or near walkways and driveways where
feasible;
iii. Incorporate design elements which will serve to reduce directly
connected impervious area where feasible. Options include the use of alternative design
features such as concrete grid driveways, and/or pavers for walkways.
iv. Runoff from driveways, streets and other impervious surfaces shall be
collected and directed through a system of vegetated and/or gravel filter strips or other media
devices, where feasible. Selected filter elements shall be designed to (1) trap sediment,
particulates and other solids and (2) remove or mitigate contaminates through infiltration and/or
biological uptake. The drainage system shall also be designed to convey and discharge runoff
from the building site in a nonerosive manner.
v. Selected BMPs shall be engineered and constructed in accordance
with the design specifications and guidance contained in the California Stormwater Best
Management Practices Handbook (Municipal).
vi. The plan must include provisions for regular inspection and
maintenance of structural BMPs, for the life of the project.
square feet in size and/or with twenty-five or more parking spaces, susceptible to stormwater,
Parkina Lots. Development plans for, or which include parking lots greater than five thousand
shall incorporate BMPs effective at removing or mitigating potential pollutants of concern such
as oil, grease, hydrocarbons, heavy metals, and particulates from stormwater leaving the
developed site, prior to such runoff entering the stormwater conveyance system, or any
receiving water body. Options to meet this requirement include the use of vegetative filter strips
or other media filter devices, clarifiers, grassy swales or berms, vacuum devices or a
combination of these. Selected BMPs shall be designed to collectively infiltrate, filter or treat the
volume of runoff produced by each and every storm event up to and including the eighty-fifth
percentile twenty-four-hour runoff event. BMPs shall be engineered and constructed in
accordance with the guidance and specifications provided in the California Stormwater Best
Management Handbooks (Commercial and Industrial).
All DeveloDment. A public education program shall be designed to raise the level of awareness
of water quality issues around the lagoon including such elements as catch basin stenciling and
A landscape management plan shall be created that includes herbicide/pesticide management.
public awareness signs.
Such measures shall be incorporated into project design through a water qualitylurban runoff
control plan and monitoring program to ensure the discharge from all proposed outlets is
consistent with local and regional standards. Such measures shall be required as a condition of
coastal development permit approval at the subdivision stage.
C. Landslides and Slope Instability. Developments within five hundred feet of areas
identified generally in the PRC Toups report, Figure 8, as containing soils of the La Jolla group
additional geologic reports containing the additional information required in the coastal shoreline
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
development overlay zone.
D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific
investigations done addressing the liquefaction problem and suggesting mitigation measures.
New residential development in excess of four units, commercial, industrial, and public facilities
shall have site-specific geologic investigations completed in known potential liquefaction areas.
E. Floodplain Development. Within the coastal zone, in the one hundred-year floodplain,
no new or expanded permanent structures or fill shall be permitted. Only uses compatible with
periodic flooding shall be allowed.
F. Reserved.
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G. Within the Kelly Ranch, scenic public views from Interstate 5, Cannon Road and
Agua Hedionda Lagoon shall be preserved, as feasible, through the following measures:
substantial height as a landscape screen and/or setbacks from the ridgelines and open space
1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation with
areas;
2. Building Colors. Exterior wall and roof colors shall be of low-intensity earth or
vegetative tones. Stucco with accent materials such as tile, natural stone, or other compatible
natural building materials shall be preferred. Roof colors shall be low-intensity colors which
blend with the environmental setting of the project;
3. Residential Building Height. Maximum height limits and variation in roof
heights shall be utilized, as necessary, to minimize visibility of structures from scenic public
roadways, public vista points and public trails.
H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be
of the following measures:
compatible with the surrounding native vegetation and preserved open space by incorporation
1. All residential development shall be required to identify and implement a
landscaping plan that provides for installation of plant species that are native or noninvasive and
drought tolerant to the maximum extent feasible. Ornamental (noninvasive) vegetation shall be
permitted in the interior of residential subdivisions only;
2. Approved landscaping shall be installed immediately upon completion of
construction and maintained by the property owners in good growing condition for the life of the
development;
vegetation of substantial height, shall be required to screen and soften the view of structures 3. Landscape screening of structures, including specimen trees and fire-retardant
from 1-5. Cannon Road, Agua Hedionda Lagoon, public trails and public vista points;
4. The landscape treatment shall cause the development to blend in with the
natural setting and present a visually cohesive appearance as viewed from Agua Hedionda
Lagoon, Cannon Road and Interstate 5.
SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.205.060 to read as follows:
21.205.060 Erosion sedimentation, drainage.
All development must include mitigation measures for the control of urban runoff flow rates and
velocities, urban pollutants, erosion and sedimentation in accordance with the requirements of
the City's Grading Ordinance, Storm Water Ordinance, SUSMP, JURMP, Master Drainage Plan,
the San Diego County Hydrology Manual and amendments to them and the additional
requirements enumerated in this Section. Mitigation shall also require construction of all
improvements shown in the master drainage plan and amendments to it. No subsequent
amendments are a part of this zone unless certified by the Coastal Commission. The general
provisions, procedures, standards, content of plans and implementation contained in them are
required conditions of development in addition to the provisions below. Approved development
shall include the following conditions, in addition to the requirements specified above:
A. All offsite, downstream improvements (including debris basin and any other
improvements recommended in the drainage plan) shall be constructed prior to the issuance of
a grading permit onsite. Improvements shall be inspected by city staff and certified as adequate
and in compliance with the requirements of the drainage plan and the additional requirements of
this zone. If the city declines to accept maintenance responsibility for the improvements, the
developer shall maintain the improvements during construction of the onsite improvements.
B. If the offsite or onsite improvements are not to be accepted and maintained by a
public agency, detailed maintenance agreements including provisions for financing the
maintenance through bonding or other acceptable means shall be secured prior to issuance of
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the permit. Maintenance shall be addressed in the report required to be submitted with the
permit application. The report shall discuss maintenance costs and such costs shall be certified
as a best effort at obtaining accurate figures.
C. Construction of offsite drainage improvements may use an assessment district or any
other acceptable manner. Such mechanisms shall be secured by bonding or other acceptable
means prior to issuance of a coastal development permit.
D. If a public agency agrees to accept maintenance responsibilities, it shall inspect the
facilities prior to onsite construction or grading and indicate if such facilities assure continued
maintenance. No onsite development may take place prior to acceptance of the drainage
improvements.
E. All areas disturbed by grading shall be planted within sixty days of the initial
disturbance and prior to October 1st with temporary or permanent (in the case of finished
slopes) erosion control methods. The use of temporary erosion control measures, such as
berms, interceptor ditches, sandbagging, filtered inlets, debris basins and silt traps, shall be
utilized in conjunction with plantings to minimize soil loss from the construction site. Said
shall consist of seeding, mulching, fertilization and irrigation adequate to provide ninety percent
planting shall be accomplished under the supervision of a licensed landscape architect, and
established. This requirement shall apply to all disturbed soils including stockpiles. This
coverage within ninety days. Planting shall be repeated if the required level of coverage is not
requirement shall be a condition of the permit.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be
published at least once in a publication of general circulation in the City of Carlsbad within
fifteen days after its adoption. (Not withstanding the preceding, this ordinance shall not be
effective within the City’.. Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 19th day of FEB 2002, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on them day of MARCH 2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
(SEAL)
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