HomeMy WebLinkAbout2008-11-18; City Council; CS-005; Carlsbad Drainage Master Plan...1 ORDINANCE NO. CS-005
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 21, CHAPTERS 21.38, 21.203 AND
3 21.205 OF THE MUNICIPAL CODE BY DELETING REFERENCES TO
THE MASTER DRAINAGE PLAN ADOPTED IN 1994 AND THE MODEL
4 EROSION CONTROL ORDINANCE AND ADDING REFERENCES TO
THE PROPOSED CITY OF CARLSBAD DRAINAGE MASTER PLAN AND
5 EXISTING ENGINEERING STANDARDS.
CASE NAME: CARLSBAD DRAINAGE MASTER PLAN
6 CASE NO: ZCA 07-04
7 The City Council of the City of Carlsbad, California, does ordain as follows:
8 SECTION 1: That Section 21.38.141 (c) (6) of the Carlsbad Municipal Code is amended
9 to read as follows:
10 6. A site specific technical report shall be required addressing the cumulative
effects of developing each subwatershed and recommending measures to mitigate both
increased runoff and sedimentation. It shall be reviewed and prepared according to the City of
Carlsbad Engineering Standards and provisions of the Local Coastal Program, with the
12 additions and changes adopted herein, such that a natural drainage system is generally
preserved for the eastern undeveloped watersheds, but that storm drains are allowed for those
western portions of the watershed which have already been incrementally developed.
14 SECTION 2: That Section 21.203.040 (B.) (1.) of the Carlsbad Municipal Code is
amended to read as follows:
1. Buena Vista Lagoon. Developments located along the first row of lots bordering
Buena Vista Lagoon, including the parcel at the mouth of the lagoon, shall be designated for
17 residential development at a density of up to four dwelling units per acre. Proposed
development in this area shall be required to submit topographic and vegetation mapping and
° analysis, as well as soils reports, as part of the development permit application. Such
information shall be provided in addition to any required environmental impact report, and shall
be prepared by qualified professionals and in sufficient detail to locate the boundary of wetland
and upland areas and areas of slopes in excess of twenty-five percent. Topographic maps shall
be submitted at a scale sufficient to determine the appropriate developable areas, generally not
~. less than a scale of one inch equals one hundred feet with a topographic contour interval of five
feet, and shall include an overlay delineating the location of the proposed project. The lagoon
22 and wetland area shall be delineated and criteria used to identify any wetlands existing on the
site shall be those of Section 30121 of the Coastal Act and based upon the standards of the
local coastal program mapping regulations. Mapping of wetlands and siting of development shall
be done in consultation and subject to the approval of the Department of Fish and Game.
Development shall be clustered to preserve open space for habitat protection. Minimum
setbacks of at least one hundred feet from wetlands/lagoon shall be required in all development,
in order to buffer such sensitive habitat area from intrusion. Such buffer areas, as well as other
open space areas required in permitted development to preserve habitat areas, shall be
permanently preserved for habitat uses through provision of an open space easement as a
condition of project approval. In the event that a wetland area is bordered by steep slopes (in
27 excess of twenty-five percent) which will act as a natural buffer to the habitat area, a buffer area
of less than one hundred feet in width may be permitted. The density of any permitted
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EXHIBIT 4
1 development shall be based upon the net developable area of the parcel, excluding any portion
of a parcel which is in wetlands or lagoon. As specified in subsection A of this section, a density
2 credit may be provided for that portion of the parcel which is in steep slopes. Storm drain
alignments as proposed in the City of Carlsbad Drainage Master Plan which would be carried
3 through or empty into Buena Vista Lagoon shall not be permitted, unless such improvements
comply with the requirements of Sections 30230, 30231, 30233 and 30235 of the Coastal Act by
4 maintaining or enhancing the functional capacity of the lagoon in a manner acceptable to the
State Department of Fish and Game. Land divisions shall only be permitted on parcels
5 bordering the lagoon pursuant to a single planned development permit for the entire original
parcel.
6
SECTION 3: That Section 21.203.040 (B.) (3.) (a.) of the Carlsbad Municipal Code is
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amended to read as follows:
8
a. All development must include mitigation measures for the control of urban runoff
9 flow rates and velocities, urban pollutants, erdsion and sedimentation in accordance with: (1)
the requirements of the city's grading ordinance, storm water ordinance, standard urban storm
10 water mitigation plan (SUSMP) dated April 2003, and as amended, and the City of Carlsbad
Drainage Master Plan, 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 Hydrology
Manual to the extent that these requirements are not inconsistent with any policies of the LCP;
12 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.
SECTION 4: That Section 21.203.040 (B.) (3.) (c.) of the Carlsbad Municipal Code is14
amended to read as follows:
c. Mitigation shall require construction of all improvements shown in the City of
Carlsbad Drainage Master 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
17 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 5: That Section 21.203.040 (B.) (4.) (a.) of the Carlsbad Municipal Code is
amended to read as follows:
22 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)
23 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 City of Carlsbad
24 Drainage Master Plan, 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 Hydrology
25 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 an element
of the project and shall be installed prior to the initial grading.
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EXHIBIT 4
1 SECTION 6: That Section 21.203.040 (B.) (4.) (c.) of the Carlsbad Municipal Code is
2 amended to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 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
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 7: That Section 21.203.040 (B.) (4.) (c.) (i.) of the Carlsbad Municipal Code is
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amended to read as follows:
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i. All off-site, downstream improvements (including debris basin and any other
9 improvements recommended in the City of Carlsbad Drainage Master Plan) shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city or
10 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
11 maintenance responsibility for the improvements, the developer shall maintain the
improvements during construction of the on-site improvements;
SECTION 8: That Section 21.203.040 (B.) (4.) (c.) (vi.) of the Carlsbad Municipal Code
is amended to read as follows:14
vi. Storm drainage facilities in developed areas shall be improved and enlarged
according to City of Carlsbad Drainage Master Plan, incorporating the changes specified in this
section. Improvement districts shall be formed for presently undeveloped areas which are
16 expected to urbanize in the future. The improvement districts shall implement City of Carlsbad
Drainage Master 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;
SECTION 9: That Section 21.205.060 (a.) of the Carlsbad Municipal Code is amended
to read as follows:
22 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)
23 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 City of Carlsbad
Drainage Master Plan, 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 Hydrology
25 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 an element
26 of the project and shall be installed prior to the initial grading.
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EXHIBIT 4
1 SECTION 10: That Section 21.205.060 (c.) of the Carlsbad Municipal Code is amended
2 to read as follows:
3 c. Mitigation shall also require construction of all improvements shown in the City of
Carlsbad Drainage Master Plan and amendments to it. No subsequent amendments are a part
4 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
5 development in addition to the provisions below. Approved development shall include the
following conditions, in addition to the requirements specified above:
6
SECTION 11: That Section 21.205.060 (c.) (i.) of the Carlsbad Municipal Code is
7
amended to read as follows:
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i. All off-site, downstream improvements (including debris basin and any other
9 improvements) recommended in the City of Carlsbad Drainage Master Plan shall be constructed
prior to the issuance of a grading permit on-site. Improvements shall be inspected by city staff
10 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
11 the improvements, the developer shall maintain the improvements during construction of the on-
site improvements;12
EFFECTIVE DATE: This ordinance shall be effective no sooner than thirty (30) days after
its adoption but not until approved by the California Coastal Commission, and the City Clerk shall
certify the adoption of this ordinance and cause a summary to be published at least once in a
newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.16
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 4th day of November. 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 18th day of November. 2008, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Kulchin.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
D R. BALL, City Attorney
ATTEST:
ORRA^E M. Wqfor), City Clerk
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