HomeMy WebLinkAbout2006-06-06; City Council; NS-801; NPDES Stormwater Update...1 ORDINANCE NO. NS-801
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING VARIOUS SECTIONS OF
3 CHAPTERS 21.203 AND 21.205 OF TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE TO IMPLEMENT NEW STORM-
4 WATER PROTECTION REQUIREMENTS OF THE SAN DIEGO
REGIONAL WATER QUALITY CONTROL BOARD SAN DIEGO
5 MUNICIPAL STORMWATER ORDER NO. 2001-01
INCORPORATING THE CALIFORNIA COASTAL
6 COMMISSION'S SUGGESTED MODIFICATIONS.
CASE NAME: NPDES STORMWATER UPDATE
7 CASE NO.: ZCA01-08(A)
8 The City Council of the City of Carlsbad, California, does ordain as follows:
9 WHEREAS, the Planning Commission on January 2, 2002, held a duly noticed
10 public hearing as prescribed by law to consider Zone Code Amendment ZCA 01-08 and Local
11 Coastal Program Amendment LCPA 01-15 and adopted Planning Commission Resolution Nos.
12 5130 and 5131 recommending to the City Council that they be approved; and
13 WHEREAS, the City Council on February 19, 2002, held a duly noticed public
14 hearing as prescribed by law to consider said ZCA and LCPA and adopted City Council
15 Resolution No.2002-061 and Ordinance NS-622 to approve the amendments; and
16 WHEREAS, the California Coastal Commission on February 9, 2006, held a duly
17 noticed public hearing as prescribed by law to consider an amendment to the Local Coastal
1 Q
Program and acted to certify the amendment with suggested modifications. A strikeout/highlight
10 version is attached as Attachment "A".
20 The City Council of the City of Carlsbad, California does hereby resolve as
21 follows:
22 SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
23 amended by the amendment of Section 21.203.040(B)(3) to read as follows:
24 3. Areas West of I-5. For areas west of the existing Paseo del Norte, west of Interstate 5 and
25 along El Camino Real immediately upstream of the existing storm drains, the following policy
shall apply:
26 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: (1)
27 the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003, and as amended, and the Master
78 Drainage Plan dated 1994, as those documents are certified as part of the City's LCP; (2) the
1 Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP, and (3) the additional requirements contained herein. Such mitigation shall become
2 an element of the project, and shall be installed prior to the initial grading.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural Best
Management Practices (BMP's) and submit a Water Quality Technical Report as
4 specified in the National Pollutant Discharge Elimination System (NPDES) permit and in
the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice Handbook, dated January 2003, or the current version of
that publication, and designed to infiltrate, filter or treat the runoff produced from each
storm event up to and including the 85th percentile 24-hour storm event.
3 iii. Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area, that are in,
9 adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the
City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April
10 2003, using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
11 iv. The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMP's for the life of the project.
12 v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate soil
stabilization BMP's on disturbed areas as soon as feasible.
16 vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including single
19 family residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
20 standard, if they are in, within 200-feet of, or discharging directly to an ESA, including
the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
21 showing that as the project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
22 jx. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate dry weather
23 flow, if they are within 200-feet of an ESA, coastal bluffs or rocky intertidal areas.
c. Mitigation shall require construction of all improvements shown in the master
24 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
25 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.
98
1 SECTION 2: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
2 amended by the amendment of Section 21.203.040(B)(4) to read as follows:
3 4. All Other Areas in the Coastal Zone.
a. All development must include mitigation measures for the control of urban runoff
4 flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
the requirements of the City's Grading Ordinance, Stormwater Ordinance, Standard Urban
5 Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, and the Master
Drainage Plan dated 1994, as those documents are certified as part of the City's LCP; (2) the
6 City's Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
7 the LCP and (3) the additional requirements contained herein. Such mitigation shall become an
element of the project and shall be installed prior to the initial grading.
b. In addition, the following standards shall apply:
9 i. Priority projects identified in the SUSMP will incorporate structural Best
Management Practices (BMP's) and submit a Water Quality Technical Report as
JQ specified in the National Pollutant Discharge Elimination System (NPDES) permit and in
the SUSMP.
11 ii. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA) Stormwater
12 Best Management Practice Handbook, dated January 2003, or the current version of
that publication, and designed to infiltrate, filter or treat the runoff produced from each
13 storm event up to and including the 85th percentile 24-hour storm event.
iii. Priority projects will include projects increasing impervious area by more
14 than 2,500 square feet or by more than 10% of existing impervious area, that are in,
adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the
15 City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April
2003, using the definitions of "adjacent to" and "draining directly to" that are found in the
16 SUSMP.
iv. The City shall include requirements in all coastal development permit
17 approvals to inspect and maintain required BMP's for the life of the project.
18 v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
19 vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
20 (including steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate soil
21 stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
22 "Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as
defined in Appendix I of the SUSMP, including being treated as a priority project if they
23 create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
24 viii. Although residential developments of less than 10 units, including single
family residences, are generally exempt from the SUSMP priority project requirements,
25 they shall meet those requirements, including achievement of the numerical sizing
standard, if they are in, within 200-feet of, or discharging directly to an ESA, including
26 the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
showing that as the project is designed they are mitigating polluted runoff, including dry
27 weather nuisance flows, to the maximum extent practicable.
78
8
1 ix. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate dry weather
2 flow, if they are within 200-feet of an ESA, coastal bluffs or rocky intertidal areas.
c. Mitigation shall also require construction of all improvements shown in the master
3 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
4 plans and implementation contained with them are required conditions of development in
addition to the provisions below. Approved development shall include the following conditions,5 in addition to the requirements specified above:
i. 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 the improvements, the developer shall maintain the
improvements during construction of the onsite improvements.
ii. 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
12 maintenance costs and such costs shall be certified as a best effort at obtaining accurate
figures.
13 iii. Construction of offsite grading improvements may use an assessment
district or any other acceptable manner of financing. Such mechanisms shall be secured
14 by bonding or other acceptable means prior to issuance of a coastal development
permit.
15 jv. 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
16 assure continued maintenance. No onsite development may take place prior to
acceptance of the drainage improvements.
17 VT 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 of18 finished slopes) erosion control methods.
vi. Storm drainage facilities in developed areas shall be improved and
enlarged according to the Carlsbad master drainage plan, incorporating the changes
2Q 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
22 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
23 of bond or from fees collected from developers on a cost-per-acre basis.
vii. When earth changes are required and natural vegetation is removed, the
24 area and duration of exposure shall be kept at a minimum.
viii. Soil erosion control practices shall be used against "onsite" soil erosion.
25 These include keeping soil covered with temporary or permanent vegetation or with
mulch materials, special grading procedures, diversion structures to divert surface runoff
26 from exposed soils, and grade stabilization structures to control surface water.
ix. Apply "sediment control" practices as a perimeter protection to prevent27 offsite drainage. Preventing sediment from leaving the site should be accomplished by
78
5
1 such methods as diversion ditches, sediment traps, vegetative filters, and sediment
basins. Preventing erosion is, of course, the most efficient way to control sediment
2 runoff.
d. In addition the following shall apply to development within Kelly Ranch:
3 New development and significant redevelopment of private and publicly-owned properties, must
incorporate design elements and/or best management practices (BMPs) which will effectively
4 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
5 shall be applied to development of type and/or intensity listed below:
Residential Development Development plans for, or which include, residential housing
6 development with greater than ten housing units shall include a drainage and pollution runoff
control plan prepared by a licensed engineer, designed to infiltrate, filter or treat the volume of
7 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
8 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
9 recommendations. The plan shall be designed in consideration of the following criteria, and
approved prior to issuance of a coastal development permit:
10 j. 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
1 1 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;
12 ii. Use porous materials for or near walkways and driveways where feasible;
iii. Incorporate design elements which will serve to reduce directly connected
13 impervious area where feasible. Options include the use of alternative design features
such as concrete grid driveways, and/or pavers for walkways.
14 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
15 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
16 infiltration and/or biological uptake. The drainage system shall also be designed to
convey and discharge runoff from the building site in a non-erosive manner.
1 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.
. Parking Lots. Development plans for, or which include parking lots greater than five thousand
square feet in size and/or with twenty-five or more parking spaces, susceptible to stormwater,
71 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
22 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
23 or other media filter devices, clarrfiers, grassy swales or berms, vacuum devices or a
combination of these. Selected BMPs shall be designed to collectively infiltrate, filter or treat the
24 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
25 accordance with the guidance and specifications provided in the California Stormwater Best
Management Handbooks (Commercial and Industrial).
25 All Development. 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
27 public awareness signs.
6
1 A landscape management plan shall be created that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban runoff
2 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
3 coastal development permit approval at the subdivision stage.
C. Landslides and Slope Instability. Developments within five hundred feet of areas
4 identified generally in the PRO Toups report, Figure 8, as containing soils of the La Jolla group
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
5 additional geologic reports containing the additional information required in the coastal shoreline
development overlay zone.
6 D. Seismic Hazards. Development in liquefaction-prone areas shall include site-specific
investigations done addressing the liquefaction problem and suggesting mitigation measures.
7 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.
8 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
9 compatible with periodic flooding shall be allowed.
F. Reserved.
10 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:
11 1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation with
substantial height as a landscape screen and/or setbacks from the ridgelines and open space
12 areas;
2. Building Colors. Exterior wall and roof colors shall be of low-intensity earth or
13 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
14 blend with the environmental setting of the project;
3. Residential Building Height. Maximum height limits and variation in roof
15 heights shall be utilized, as necessary, to minimize visibility of structures from scenic public
roadways, public vista points and public trails.
1" H. Within the Kelly Ranch, landscaping shall be utilized as a visual buffer and be
compatible with the surrounding native vegetation and preserved open space by incorporation
17 of the following measures:
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;
20 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
21 development;
3. Landscape screening of structures, including specimen trees and fire-
22 retardant vegetation of substantial height, shall be required to screen and soften the view of
structures from I-5, Cannon Road, Agua Hedionda Lagoon, public trails and public vista points;
23 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
24 Lagoon, Cannon Road and Interstate 5.
25 SECTION 3: That Title 21, Chapter 21.205 of the Carlsbad Municipal Code is
26 amended by the amendment of Section 21.205.060 to read as follows:
27 21.205.060 Erosion sedimentation, drainage.
78
1 a. All development must include mitigation measures for the control of urban runoff
flow rates and velocities, urban pollutants, erosion and sedimentation in accordance with: (1)
2 the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, and the Master
3 Drainage Plan dated 1994, as those documents are certified as part of the City's LCP; (2) the
City's Jurisdictional Urban Runoff Management Program (JURMP) and the San Diego County
4 Hydrology Manual to the extent that these requirements are not inconsistent with any policies of
the LCP, and (3) the additional requirements contained herein. Such mitigation shall become
5 an element of the project and shall be installed prior to the initial grading.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural Best
Management Practices (BMP's) and submit a Water Quality Technical Report as
7 specified in the National Pollutant Discharge Elimination System (NPDES) permit and in
the SUSMP.Q
ii. Structural BMP's used to meet SUSMP requirements for priority projects
shall be based on the California Stormwater Quality Association (CASQA) Stormwater
Best Management Practice Handbook, dated January 2003 or the current version of that
1Q publication, and designed to infiltrate, filter or treat the runoff produced from each storm
event up to and including the 85th percentile 24-hour storm event.
iii. Priority projects will include projects increasing impervious area by more
than 2,500 square feet or by more than 10% of existing impervious area, that are in,
12 adjacent to or drain directly to Environmentally Sensitive Areas (ESA), identified in the
City of Carlsbad Standard Urban Storm Water Mitigation Plan (SUSMP) dated April
13 2003, using the definitions of "adjacent to" and "draining directly to" that are found in the
SUSMP.
14 iv. The City shall include requirements in all coastal development permit
approvals to inspect and maintain required BMP's for the life of the project.
15 v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
16 vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas17 (including steep slopes, unstable areas and erosive soils), to minimize impacts on water
quality of excessive erosion and sedimentation. Development shall incorporate soil18 stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200-feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive Areas" as
2Q defined in Appendix I of the SUSMP, including being treated as a priority project if they
create more than 2,500 square feet of impermeable surface or increase the
impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including single
22 family residences, are generally exempt from the SUSMP priority project requirements,
they shall meet those requirements, including achievement of the numerical sizing
23 standard, if they are in, within 200-feet of, or discharging directly to an ESA, including
the Pacific Ocean; or shall provide a written report signed by a licensed civil engineer
24 showing that as the project is designed they are mitigating polluted runoff, including dry
weather nuisance flows, to the maximum extent practicable.
25 ix. Detached residential homes shall be required to use efficient irrigation
systems and landscape designs or other methods to minimize or eliminate dry weather
26 flow, rf they are within 200 feet of an ESA, coastal bluffs or rocky intertidal areas.
c. Mitigation shall also require construction of all improvements shown in the master
27 drainage plan and amendments to it. No subsequent amendments are a part of this zone
98
1 unless certified by the Coastal Commission. The general provisions, procedures, standards,
content of plans and implementation contained in them are required conditions of development
2 in addition to the provisions below. Approved development shall include the following
conditions, in addition to the requirements specified above:
3 i. All offsite, downstream improvements (including debris basin and any
other improvements recommended in the drainage plan) shall be constructed prior to the
4 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 and5 the additional requirements of this zone. If the city declines to accept maintenance
responsibility for the improvements, the developer shall maintain the improvements6 during construction of the onsite improvements.
ii. 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
1Q figures.
iii. Construction of offsite drainage improvements may use an assessment
! j 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.
12 iv. 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
13 assure continued maintenance. No onsite development may take place prior to
acceptance of the drainage improvements.
14 v. 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
15 finished slopes) erosion control methods. The use of temporary erosion control
measures, such as berms, interceptor ditches, sandbagging, filtered inlets, debris basins
16 and silt traps, shall be utilized in conjunction with plantings to minimize soil loss from the
construction site. Said planting shall be accomplished under the supervision of a
17 licensed landscape architect, and shall consist of seeding, mulching, fertilization and
irrigation adequate to provide ninety percent coverage within ninety days. Planting shall
18 be repeated if the required level of coverage is not established. This requirement shall
apply to all disturbed soils including stockpiles. This requirement shall be a condition of19 the permit.
20 ///
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
98
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
27
98
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's Coastal Zone until approved by the California Coastal Commission.)
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 16th day of May, 2006, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 6th day of June , 2006, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
RONffO>R. BALL, CityAttoi
(UDE A LEWIS, Mayor
ATTEST:
10
Attachment "A"
ZCA01-08(A)
COASTAL COMMISSION SUGGESTED MODIFICATIONS
(boMed sections represent language to be added, strikeout sections represent language to be deleted)
SECTION 1: That Title 21, Chapter 21.203 of the Carlsbad Municipal Code is
amended by the amendment of Section 21.203.040(B)(3) to read as follows:
3. Areas West of I-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: (1)
the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, Juriodiotional
Urban Runoff Managomont Program (JURMP); and the Master Drainage Plan dated 1994, as
those documents are certified as part of the City's LCP; (2) the City's Jurisdietional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not Inconsistent with any policies of the LCP
and (3) the additional requirements contained herein, any amendments to thorn. Such
mitigation shall become an element of the project, and shall be installed prior to the initial
grading.
b. In addition, the following standards shall apply:
i. Priority projects identified In the SUSMP will incorporate structural
Best Management Practices (BMP's) and submit a Water Quality Technical Report
as specified In the National Pollutant Discharge Elimination System (NPDES)
permit and in the SUSMP.
II. Structural BMP's used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice Handbook, dated January 2003, or the
current version of that publication, and designed to Infiltrate, fitter or treat the
runoff produced from each storm event up to and including the 85th percentlle 24-
hour storm event.
ili. Priority projects will include projects Increasing impervious area by
more than 2,500 square feet or by more than 10% of existing impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA),
identified In the City of Carlsbad Standard Urban Storm Water Mitigation Plan
(SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining
directly to" that are found in the SUSMP.
Iv. The City shall Include requirements In all coastal development
permit approvals to Inspect and maintain required BMP's for the life of the project.
v. The City will encourage and support public outreach and education
regarding the potential water quality Impacts of development.
vf. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially In erosive areas
(Including steep slopes, unstable areas and erosive soils), to minimize Impacts on
water quality of excessive erosion and sedimentation. Development shall
Incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
vli. Projects within 200-feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive
Areas" as defined in Appendix I of the SUSMP, including being treated as a
priority project if they create more than 2,500 square feet of impermeable surface
or increase the impermeable surface on the property by more than 10%.
viif. Although residential developments of less than 10 units, including
single family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of the
numerical sizing standard, if they are in, within 200 feet of, or discharging directly
to an ESA, including the Pacific Ocean; or shall provide a written report signed by
a licensed civil engineer showing that as the project is designed they are
mitigating polluted runoff, Including dry weather nuisance flows, to the maximum
extent practicable.
ix. Detached residential homes shall be required to use efficient
Irrigation systems and landscape designs or other methods to minimize or
eliminate dry weather flow, if they are within 200-feet of an ESA, coastal bluffs or
rocky intertidal areas.
c. 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.
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: (1)
the requirements of the City's Grading Ordinance, Stormwater Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, Juricdictional
Urban Runoff Management Program (JURMP), and the Master Drainage Plan dated 1994, as
those documents are certified as part of the City's LCP; (2) the City's Jurisdictions!
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not Inconsistent with any policies of the LCP
and (3) the additional requirements contained herein, and amendments to them and the
additional requiromento enumerated in this Codo Sootion.
b. In addition, the following standards shall apply:
I. Priority projects Identified In the SUSMP win Incorporate structural
Best Management Practices (BMP's) and submit a Water Quality Technical Report
as specified In the National Pollutant Discharge Elimination System (NPDES)
permit and in the SUSMP.
II. Structural BMP's used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Duality Association (CASQA)
Stormwater Best Management Practice Handbook, dated January 2003 or the
current version of that publication, and designed to infiltrate, filter or treat the
runoff produced from each storm event up to and including the 85th percentile 24-
hour storm event
III. Priority projects will include projects increasing impervious area by
more than 2,500 square feet or by more than 10% of existing Impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA),
identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan
(SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining
directly to" that are found in the SUSMP.
iv. The City shall Include requirements In all coastal development
permit approvals to inspect and maintain required BMP's for the life of the project
v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vl. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-flll), especially In erosive areas
(Including steep slopes, unstable areas and erosive soils), to minimize impacts on
water quality of excessive erosion and sedimentation. Development shall
Incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
vii. Projects within 200 feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive
Areas" as defined In Appendix I of the SUSMP, Including being treated as a
priority project if they create more than 2,500 square feet of Impermeable surface
or increase the Impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including
single family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, including achievement of the
numerical sizing standard, if they are In, within 200 feet of, or discharging directly
to an ESA, including the Pacific Ocean; or shall provide a written report signed by
a licensed civil engineer showing that as the project Is designed they are
mitigating polluted runoff, Including dry weather nuisance flows, to the maximum
extent practicable.
ix. Detached residential homes shall be required to use efficient
Irrigation systems and landscape designs or other methods to minimize or
eliminate dry weather flow, if they are within 200 feet of an ESA, coastal bluffs or
rocky intertidal areas.
c. 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:
ai. All off site, 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 the improvements, the developer shall maintain the
improvements during construction of the onsite improvements.
fell. 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.
eiif 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.
dhr 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.
ev 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.
fvi 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.
$vll When earth changes are required and natural vegetation is removed, the
area and duration of exposure shall be kept at a minimum.
fcviii 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.
4!x 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.
d. In addition the following shall apply to development within Kelly Ranch:
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:
Residential Development. Development plans for, or which include, residential housing
development with greater than ten housing units shall include a drainage and pollution runoff
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:
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 non-erosive 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.
Parking Lots. Development plans for, or which include parking lots greater than five thousand
square feet in size and/or with twenty-five or more parking spaces, susceptible to Stormwater,
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).
Ail Development. 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
public awareness signs.
A landscape management plan shall be created that includes herbicide/pesticide management.
Such measures shall be incorporated into project design through a water quality/urban 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
(susceptible to accelerated erosion) or landslide prone areas shall be required to submit
additional geologic reports containing the additional information required in the coastal shoreline
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.
G. Within the Kelly Ranch, scenic public views from Interstate 5, Cannon Road and
Agua Hedtonda Lagoon shall be preserved, as feasible, through the following measures:
1. Landscaping and Setbacks. Use of trees or fire-retardant vegetation with
substantial height as a landscape screen and/or setbacks from the ridgelines and open space
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
compatible with the surrounding native vegetation and preserved open space by incorporation
of the following measures:
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;
3. Landscape screening of structures, including specimen trees and fire-
retardant vegetation of substantial height, shall be required to screen and soften the view of
structures 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.
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: (1)
the requirements of the City's Grading Ordinance, Storm Water Ordinance, Standard Urban
Storm Water Mitigation Plan (SUSMP) dated April 2003 and as amended, Juriodictional
Urban Runoff Managomont Program (JURMP), and the Master Drainage Plan dated 1994, as
those documents are certified as part of the City's LCP; (2) the City's Jurlsdictional
Urban Runoff Management Program (JURMP) and the San Diego County Hydrology Manual
to the extent that these requirements are not Inconsistent with any policies of the LCP
and (3) the additional requirements contained herein, and tho additional roquiromento
enumerated in this Section.
b. In addition, the following standards shall apply:
i. Priority projects identified in the SUSMP will incorporate structural
Best Management Practices (BMP's) and submit a Water Quality Technical Report
as specified In the National Pollutant Discharge Elimination System (NPDES)
permit and in the SUSMP.
ii. Structural BMP's used to meet SUSMP requirements for priority
projects shall be based on the California Stormwater Quality Association (CASQA)
Stormwater Best Management Practice Handbook, dated January 2003 or the
current version of that publication, and designed to Infiltrate, filter or treat the
runoff produced from each storm event up to and Including the 85th percentlle 24-
hour storm event.
III. Priority projects will Include projects increasing impervious area by
more than 2,500 square feet or by more than 10% of existing impervious area, that
are in, adjacent to or drain directly to Environmentally Sensitive Areas (ESA),
identified in the City of Carlsbad Standard Urban Storm Water Mitigation Plan
(SUSMP) dated April 2003, using the definitions of "adjacent to" and "draining
directly to" that are found In the SUSMP.
iv. The City shall Include requirements In all coastal development
permit approvals to inspect and maintain required BMP's for the life of the project.
v. The City will encourage and support public outreach and education
regarding the potential water quality impacts of development.
vi. Development shall minimize land disturbance activities during
construction (e.g., clearing, grading and cut-and-fill), especially in erosive areas
(including steep slopes, unstable areas and erosive soils), to minimize Impacts on
water quality of excessive erosion and sedimentation. Development shall
Incorporate soil stabilization BMP's on disturbed areas as soon as feasible.
vli. Projects within 200 feet of the Pacific Ocean shall be dealt with as
"Projects Discharging to Receiving Waters within Environmentally Sensitive
Areas" as defined In Appendix I of the SUSMP, including being treated as a
priority project if they create more than 2,500 square feet of Impermeable surface
or increase the Impermeable surface on the property by more than 10%.
viii. Although residential developments of less than 10 units, including
single family residences, are generally exempt from the SUSMP priority project
requirements, they shall meet those requirements, Including achievement of the
numerical sizing standard, if they are In, within 200 feet of, or discharging directly
to an ESA, Including the Pacific Ocean; or shall provide a written report signed by
a licensed civil engineer showing that as the project Is designed they are
mitigating polluted runoff, Including dry weather nuisance flows, to the maximum
extent practicable.
ix. Detached residential homes shall be required to use efficient
irrigation systems and landscape designs or other methods to minimize or
eliminate dry weather flow, If they are within 200 feet of an ESA, coastal bluffs or
rocky Intertidal areas.
c. 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:
I. All off site, 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.
II. 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.
lii. 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.
iv. 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.
v. 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 planting shall be accomplished under the supervision of a
licensed landscape architect, and shall consist of seeding, mulching, fertilization and
irrigation adequate to provide ninety percent coverage within ninety days. Planting shall
be repeated if the required level of coverage is not established. This requirement shall
apply to all disturbed soils including stockpiles. This requirement shall be a condition of
the permit.
/7