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HomeMy WebLinkAbout1973-12-28; City Council; 2251-1; Proposed interim open space zoning ordinance• THE CITY 6F~CARLSPAD, CALIFORNIA Agenda Bill K'o.Date \2/Z$/7? Referred To:CITY -COUNCIL Subject: . • . • PROPOSED INTERIM OPEN SPACE - ZONING ORDINANCE Submitted By: . . '" PLANNING DEPARTMENT * S ta temen t of the Ma I; t e r ' • ; ' * State Law requires the a-doption of an Open Space Zoning Ordinance that implements the Open Space Element of the General Plan. -This. ordinance, must be adopted by December 31, 1973. The attached ordinance -would fulfill this requirement. Because of timing prob lems, the Planning Commission has not acted officially on the ordinance, however, they were informed a's" to the intended content Exhibit 1. 2. ' 3. 4. Staff report dated December 26, 1973 Interim-Open Space Zoning Ordinance (Exh'V A). Ci'ty Attorney's memo dated December 26, 19-73 Ordinance No. 9375 ' • Staff Reco.mmenda t ions Staff recommends the adoption, by emergency measure, 'of the attached ordinance with or without any amendments the City Counc i 1 may wish it o include. CITY OF CARLSBAD PLANNING DEPARTMENT REPORT FOR DECEMBER 26, 1973 TO: CITY COUNCIL REPORT ON: INTERIM OPEN SPACE ZONING ORDINANCE Intent: The intent of the interim open space zoning ordinance is to adequately protect significant open space lands as identified in the Open Space and Conservation Elements of the General Plan, while the planning staff is preparing a comprehensive set of open space zoning ordinances. Interim Open Space Zoning Ordinance Procedures and Requirements: The Interim Open Space Zoning Ordinance creates the following five open space resource management districts: (1) Prime Open Space and Conservation Areas (RM-1); (2) Flood Plain and Water Resource Management District (RM-2); (3) Hillside and Soil Resource Manage- ment District (RM-3); (4) Agricultural Resource Management District (RM-4); (5) Unique and Special Resource Management District (RM-5). The boundaries of each of the Open Space Management Districts are delineated on a series of maps known as the "Resource Manage- ment Maps", which are a part of the ordinance. An Open Space Resource Management Permit will be required for any use, develop- ment or alteration of land identified by this Ordinance or for which the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 may apply. Page 2 Staff Report on Interim Open Space Ord, Generally, exclusions to the permit procedure shall apply to ministerial projects, emergency projects, and other planning studies as outlined in the ordinance. At the present, the Building Department attaches a routing sheet to all building plans, which is completed by all departments concerned before a building permit is issued. To insure compliance with the interim open space ordinance, the building department will add another requirement on this routing sheet to read as follows: "Compliance with Open Space Zoning Ordinance ". This will have to be checked off by the planning department before a permit to build can be issued. This will not take any additional staff time, since our department must review all building plans atipresent for compliance with the planning and zoning ordinance. If a project falls within the permit area, all requirements and standards as outlined in the interim open space zoning ordinance must be met before a building permit will be issued. Immediate Action Program: The planning staff has already began the development of an extensive planning effort which will lead to the development of a comprehensive set of open space zoning ordinances. The following action program is designed to implement the Open Space and Conservation Elements of the General Plan: 1. DATA COLLECTION, RESEARCH AND INTERPRETATION - A substantial amount of environmental data will be collected pertaining to the identified resource areas in the Open Space and Conser- vation Elements. This information will be collected from all available sources and additional mapping will be completed by the staff in necessary areas. Then, after interpretation of this data, specific plans will be prepared for the resource areas. 2. PREPARATION OF A COMPREHENSIVE SET OF OPEN SPACE ZONING ORDINANCES The final phase of this planning effort will be to draft a set of open space zoning ordinances which will implement the specific plans discussed above. These shall include, but not be limited Page 3 Staff Report on Open Space Zoning Ord. to, the following areas: flood plain zoning ordinance, water resource protection ordinance, hillside development ordinance, development of exclusive agricultural zoning to be used at the property's owners request*, scenic preservation and historic preservation ordinance, and any special resource ordinances that may be identified during the course of this planning effort. '^Meetings will be held with property owners who are interested in obtaining information regarding the benefits and procedures of utilizing the Williamson Act, Open Space Easements, agricultural zoning, etc. From this joint cooperation between the City and interested property owners, agreements may be reached which will help preserve and protect valuable conservation resources. Agri- cultural land could be preserved permanently where it is feasible, or used to aid the City in phasing urban growth to meet the City's future needs and service capabilities. Donald A. Agatep Planning Director AN ORDINANCE, CREATING OPEN SPACE RESOURCE MANAGEMENT DISTRICTS, DEFINING LANDS WHICH HAVE SPECIAL NATURAL AND CULTURAL CHARACTERISTICS, PROVIDING STANDARDS FOR THE USE OF LAND WITHIN DISTRICTS, PROVIDING FOR THE COMPILATION OF INFORMATION CONCERNING THE NATURAL ENVIRONMENT AND CULTURAL RESOURCES, PROVIDING FOR AD- MINISTRATION AND ENFORCEMENT PROCEDURES, PROVIDING FOR VARIANCES, EXCEPTIONS AND APPEALS, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO: 1.00 General Provisions 1 .01 Findings and Purpose The City Council finds that the proper management of the City's environmental resources requires formulation and administration of standards and regulations for the protection, maintenance and enhancement of valuable natural environ- mental and cultural resources. The City Council further finds that the stand- ards and regulations are necessary to advance the following goals of the Open Space and Conservation Elements of the General Plan. 1. To coordinate open space uses wttt .otter land uses fop mutual enhancement and creation of a human urban environment whtth Includes development and expansion of recreational land, conservation of natural and man-made amenities, and preservation of options with regard to agricultural land. 2., To preserve optimum sustainable environmental quality levels with respect to air, water, sound levels, and plant and animal life. 3. To prevent incompatible development of areas that should be pre- served or regulated for scenic, historic, conservation or public health and safety purposes. 4. To preserve and create an open space system of aesthetic value that Will maintain community identity, achieve a sense of natural spaciousness, and provide visual relief in the cityscape. 5. To preserve an adequate amount and variety of open space for outdoor recreation which shall include, but not be limited to, parks, beaches, areas for organized sports, connecting corridors with trails, unique conservation areas for nature study, and semi-developed areas for camping. 6. To protect select wildlife through the preservation of feeding, nesting and breeding areas. 7. To conserve and encourage the use of all forms of vegetation needed to prevent erosion, siltation and flooding, protect air and water resources, and protect and enhance visual resources. -1- 1.02 Relationship to'Other Ordinances It is the intent of the City Council that where the standards of this ordinance restrict development to a greater extent than does the City Zoning Code, the applicant shall use such design techniques as clustering, rearrangements, multi-story buildings and other site planning methods and the appropriate vehicles of the City Zoning Code for utilization of such techniques as the Planned Development and Planned Community Provision so that the purposes of both this Ordinance and the City Zoning Code may be promoted. Furthermore, it is the intent of the City Council that the standards established by this Ordinance shall be in addition to the standards and regulations of the City Zoning Code, City Subdivision Code and any other City Ordinances or Law. 1.03 General Exclusions The provisions of this Ordinance shall not apply to: a. Ministerial Projects. Inclused within the definition of ministerial projects are the issuance of building permits unless a permit is otherwise required by this Ordinance, business license, the approval of final subdivision maps and individual utility service connections and disconnections. b. Emergency Projects. Emergency projects are defined as follows: 1. Projects undertaken, carried out or approved by a public agency to maintain, repair, restore, demolish or replace property or facilities damaged or destroyed as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to law. 2. Emergency repairs to public service facilities necessary to maintain service. 3. Projects undertaken by the City as immediate action necessary to prevent or mitigate an emergency. C. Feasibility "and Planning Studies . A- project involving only feasibility or planning studies for possible future actions which the agency, board or commission has not approved, adopted or funded, o Consideration is required of Open Space and Conservation factors identified by the Open Space and Conservation Elements. d. Prior Compliance. The Planning Director may exempt a project from the requirements of this Ordinance in those < ca~ses where the project has already been processed in accord therewith in conjunction with some other permit, license or entitlement for the same project. 1.04 Interpretation and Severability. The provisions of this Ordinance shall be liberally construed to effectuate their purposes. If any section, subsection, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. -2- 1.05 2.00 2.01 2.02 2.03 2.04 Short Title. This ORdinance may be referred to as the "Interim Open Space Zoning Ordinance". Designation and Effect of Resource Management Districts and District Mags In order to carry out the purposes of this Ordinance, the following districts and symbols therefore are created. District. Prrme~0pen Space and Conservation Areas Flood Plain and Water Resource Management District Hillside and Soil Resource Management District Agricultural Resource Management District Unique and Special Resource Management District Symbol RM-1 RM-2 RM-3 RM-4 RM-5 The boundaries of the Districts are shown on maps whose titles correspond to the district names. Said maps are on file in the Planning Department and are incorporated as reference as part of the Ordinance and are hereby adopted. District Maps The maps adopted as exhibit to this Ordinance shall determine the boundaries of the Open Space Resource Management Districts. Such maps shall be known as the "Resource Management Raps". Any subsequent amendment of such district maps shall also be a part of this Ordinance. Amendments of District Boundaries The City Council, may, after recommendation thereupon by the Planning Commission, and in accordance with State law, alter or amend the boundaries of the districts established by this Oadinance provided such alteration or amendment shall be consistent with the criteria established by this Ordinance for the inclusion of land within a Resource Management District. Interpretation of District Boundary Lines When uncertainty exists as to the boundary lines of the Resource Management Districts established by this Ordinance, such boundary lines shall be interpreted in the following manner: a. Where boundaries appear to follow the center line or street or highway line of a street or highway, boundaries shall be construed to follow such lines. b. Where boundaries appear to be approximately parallel to the center line or street or highway right-of-way line of a street or highway, boundaries shall be construed to parallel such lines. c. Where boundaries appear to follow ownership boundary lines, boundaries shall be construed to follow such lines. -3- d. Where boundaries appear to reflect environmental and resource management considerations, boundaries shall be construed in a manner which is consistent with the environmental and resource management considerations that the boundary reflects. For the purposes of administering this subsection 2.04(D), the Planning fepartment shall maintain detailed maps and other information necessary to show the environmental or resource management considerations which were used for the drawing of district boundary lines, and for the inclusion of land within a Resource Management District. Such maps and information shall be accessible to the public. e. Any district boundary line which bisects a parcel shall include in the district only that portion of the parcel which is enclosed in the district by the boundary line. 2.05 Other Permits No permit or other entitlement shall be issued by any permit-issuing authority for the use, development or alteration of land within a Resource Management District unless the permit applicant presents evidence of compliance with the standards and regulations of this Ordinance. Resource < Management Permit or a statement by the Planning Commission that a Resource Management Permit is not required shall be sufficient evidence of compliance with the standards and regulations of this Ordinance. 2.06 Effect of Districts A. The standards established by this .Ordinance for each Resource Management District shall apply to any use, development or alteration of land included in each district, unless otherwise specified in this Ordinance. B. The Districts established by this Ordinance shall be combined with the base districts of the City Zoning Code and may be combined with each other. In case of any land for which contradictory standards or regulations exist because of the combining cf Districts, the more re- strictive standard or regulation shall apply. C. The inclusion of land within a Resource Management District shall be indicated on maps by the district symbols established by Section 2.01 or any combination thereof. For example: "RM-1," or "RM-13", or "RM-135". 3.00 Definitions For the purpose of this Ordinance, certain terms or words used herein shall be interpreted as follows: Words in the present tense include the future, works in the singular number include the plural number, and words in the masculine gender include the feminine gender. The word "shall" is man- datory, not permissive, unless the context indicates that a directory meaning is intended. Unless specified otherwise in this Section 3.00, the definition of terms used in this Ordinance shall be the same as in Section 21.04 of the City Zoning Ordinance. -4- Adjacent to - - Lands shall be considered adjacent if they share a common boundary line; or if they do not share a common boundary line, they are separated only by a public ri ght-of-way. Base District - - The base zoning district established by the City Zoning Code including any combining districts established by the City Zoning Code. Cleared Areas - - Land areas where vegetation has been removed to the extent that the native soil is disturbed and exposed. Elevat ion -- The vertical distance of any given point on the land above or below sea level or other base level of reference. Exi sting Parcel - - Any parcel as it existed and was defined by boundaries at the date of the adoption of this Ordinance. General Plan - - The adopted General Plan of the City of Carlsbad including elements, amendments and additions. Grading - Any alteration of land that increases or decreases the existing elevation more than one foot or that requires the moving of one hundred (100) cubic yards or more of earth, with the more restrictive standard to be used. Land Coverage - A manmade structure, improvement or covering that prevents normal precipitation from directly reaching the surfact of the land underlying the structure, improvement or covering. Such structures, improvements or coverings include roofs and surfaces paved with asphalt, stone or the like such as roads. A structure, improvement or covering shall not be con- sidered as land coverage if it permits at least 75% (seventy- Five percent) of normal precipitation to reach the surface underlying it. Parcel - An area of contiguous land owned by a person. Parcel of Record An area of land shown as a separately bounded area on a recorded subdivision plat or deed, or a number of contiguous areas of land owned by a person all of which are shown as separately bounded areas on a recorded subdivision plat or deed. Person - An individual, partnership, corporation, business associate or group of individuals and any governmental entity. Slope - The rise or fall of the planar surface of the land measured as a oercent or ratio of horizontal distance to -5- vertical distance. Total Parcel Area - The total area of a parcel not including water bodies or exterior streets, highways or other right-of- way. Any area not included in a Resource Management District shall not be a part of the total parcel area of a parcel. Use, Development or Alteration - - Any human activity in- volving the changing of topography of the land, erection of buildings or structures, the creation of land coverage, subdivision of land, the construction of drainage ways or conduits, removal or destruction of rare or endangered species of vegetation or wildlife, the transmission of storm or waste water and any other similar activity; or the maintenance of any activity upon land. Veg et ation - Any living plant organism such as grasses, chapperel , brush, shrubs, trees. 4.00 Open Space and Conservation Resource Management Districts. 4.01 Prime Open Opace and Conservation Areas (RM-1) and Regulations 4.01.1 - Purpose and Scope - When proposals for redevelopment, zoning or rezoning development is proposed to take place which may have an effect on the area defined in Section 4.01.1. Special regulations will be utilized to insure that the intent of the Plan is being carried out whenever possible. It is to be understood that the standards and criteria established by this Ordinance would be utilized in conjunction with the standards and regulations of the City's Zoning Code, Subdivision Code and any other related ordinances, resolutions or policies. In the case of any land for which contradictory standards or regulations exist, the more restrictive standard or regulation shall apply. 4.01.2 - Application - The RM-1 District is shown on Exhibit A, titled Prime Open Space and Conservation Areas; designates those high priority resources (as described in this Ordinance) that are combined to create a logical and comprehensive open space system. It should be recognized that there are many minor open space areas in the City which collectively serve to provide additional significant open space to the citizens, even though they are not individually large enough to be mapped or described. The requirements of this Ordinance shall apply to, but not be limited to the following areas shown on said map and exhibit: 1. Existing school and park sites. 2. Proposed Regional Parks and other major recreational areas including golf courses. 3. All marine waters, tital flats, lagoons, marshes and estuari es. 4. Floodplains and major waterways. 5. All land and bodies of water necessary for the pre- servation of wildlife habitats and unique and desirable cant grove areas. -6- 7. Airport flight approach and take-off zones. 8. Water reservoir sites. 9. Utility corridors No permit shall be granted by the City for the use, development or alteration of land identified on the map titled "Prime Open Space and Conservation Areas" until the grantee presents evidence of compliance with the standards and regulations of the Open Space and Conservation Resource Management Plan. 4.01.3 Development Standards - The following standards shall apply to any use, development of alteration of land in the RM-1 area, provided however that such standards shall not apply to the development of one single family dwelling unit on a parcel of record at the time of adoption of the Open Space and Con- servation Elements of the Carlsbad General Plan. A. For any use, development or alteration of a parcel land coverage shall not exceed twenty tive (25) percent of the total parcel area. B. For any use, development or alteration of a parcel at least sixty (60) percent of the total parcel area shall be maintained in a manner which protects and conserves the natural resources potential of the parcel. C. The building height, minimum lot sizes and setback standards specified by the underlying zoning may be increased or decreased if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of this Section. D. For any residential use, development or alteration of a parcel included in this zone, the following building types are permitted: single family detached dwelling units, duplexes and multiple-family dwelling units; provided however that maximum number of dwelling units that would be permitted pursuant to the standards of the base zone in which the use, development or alteration is located. However, dwelling unit density and the intensity of development indicated therein may be reduced if dictated by the following land carrying capability considerations topography (slope) qeology (slide, soils) access (availability of road access) public facilities and services (availability) ground cover of proposed improvements scenic values ecological values E. Commercial and industrial development, public facilities, and other uses permitted in open space areas, not generally considered open space uses, shall only be approved after full evaluation of the above listed land carrying capability considerations. F. Signs in Open Space public convenience, and etc. areas shall be identification limited to those essential to safety, of structures, historical sites, G. iNo permit shall be issued for any development or alteration of land, included in this district that is found to have a significant adverse environmental impact. 4.02 Floodplain and Hater Resource Management District (RM-2) and Regulations 402.1 - Purpose and Scope A. Floodplains - to protect life, minimize public risk and prevent or reduce potential flood damage of property. B. Coastal Area and Lagoons - to preserve and protect the coastline and lagoons, distinct and valuable natural and scenic resources. C. Bodies of Water and Major Watercourses - to preserve and protect bodies of water and major watercourses as unique and necessary components of the Open Space and Conservation Resource Management Plan, to optimize their recreational and aesthetic potential. 4.02.2 Application - A. The RM-2 District is shown on Exhibit B titled Floodplain and Water Resource Management District designating the following areas: 1. Floodplains - Land adjacent to a water course which is subject to inundation during a "100 year flood." Floodplains include a floodway which is defined as that portion of the floodplain that is reasonably required for the passage of flood waters of a given magnitude. The precise locations of these areas shall be as determined by the U.S. Army Corps of Engineers, the San Diego County Department of Sanitation and Flood Control, or the City Engineer. 2. Coastal Area and Lagoons - coastal and lagoon water areas and all land adjacent to and within one hundred (100) feet of the established vegetation line or other defining element of the high water line of said waters or from the crest line of an adjoining bluff or cliff if one exists: 3- Bodies of Water and Major Watercourses.- Areas to be included, in this district include all lakes, ponds, reservoirs, streams, creeks and major drainage courses and all lands adjacent to and within feet of the high water line of said bodies of water and the the designated watercourses. one hundred (100) centerline of B. No permit shall be granted by the City for the use, development, or alteration of land, identified on the map titled "Prime Open Space and Conservation Areas" until the grantee presents evidence of compliance with the standards and regulations of the Open Space and Conservation Resource Management Plan. o-u- 4.02.3 Development Standards A. Floodplain 1. Uses within a floodway shall be limited to those which would not hinder the free flow of flood waters and would maintain as natural of an appearance as possible. 2. Uses within a floodplain shall be limited to those permitted uses of the underlying zoning district and shall be designated in such a way as to minimize possible flood damage. 3. Any development within a floodplain shall comply with all applicable Federal, State and Local requirements. B. Coastal Areas and Lagoons 1. Prior to the issuance of any permits for development within this district, it shall be demonstrated that the development is consistent with the goals, policies and objectives established in the Open Space and Conservation Elements. 2. Land coverage shall not exceed twenty-five (25) percent of the total parcel area. 3. The building height, minimum lot sizes, and setback standards specified by the base zoning district may be increased or decreased if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of these standards. 4. For any residential use, development or alteration of a parcel included in this district, the following building types are permitted; single-family detached dwelling units, duplexes, and multiple-family dwelling units; provided, however, that the maximum number of dwelling units permitted would be established by the base zoning district in which the use, development or alteration is to be located. 5. No permit shall be issued for any development or alteration within this district that is found to have a significant adverse environmental impact. 6. Any development within this district shall comply with all applicable Federal,State and local requirements. 7. Until plans are presented to the City that demonstrate the de- sirability of an alternative course of action, the City of Carlsbad shall protect the public's interest in the lagoons and adjacent lands by (1) preserving Buena Vista Lagoon as a visual resource and wildlife preserve and encouraging the establishment of a Regional Park, (2) preserving and promoting Agua Hedionda Lagoon as a visual and active water recreation resource and encouraging the establishment of a Regional Park, and (3) keeping future options open for use of Batiquitos Lagoon as a multi-purpose recreation facility (private and public ownership and management) and encouraging the establishment of a Regional Park. -9- C. Bodies of Water and Major Watercourses 1. No use, development or alteration shall be undertaken until it is demonstrated that such use, development or alteration is consistent with the goals, policies and objectives established in the Open Space and Conservation Elements. 2. All development shall be designed to minimize the channelization of natural drainage patterns and preserve the area in as natural of a state as possible. 3. Land coverage shall not exceed twenty-five (25) percent of the total parcel area. 4. The building height, minimum lot sizes and setback standards specified by the base zoning district may be increased or decreased if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of these standards. 5. For any residential use, development or alteration of a parcel included in this district the following building types are permitted : single-family detached dwelling units, duplexes and multiple-family dwelling units; provided however, that the maximum number of dwelling units permitted would be established by the base zoning district in which the use, development or alteration is to be located. 6. No permit shall be issued for any development within this district that is found to have a significant adverse environmental impact. 7. Any development within the district shall comply with all applicable Federal, State and local requirements. 4.03 Hillside and Soil Resource Management District (RM-3) and Regulations 4.03.1 Purpose and Scope To preserve the identity of those areas of the City with unique topographic features. 4.03.2 Application The RM-3 district is shown on Exhibits C-l, C-2 and C-3, titled Hillside and Soil Resource Management District, designating thefollowing areas : All lands with an average slope ratio of greater than 15%, provided however, that the standards shall not apply to the development of not more than one single-family dwelling unit and accessory buildings on a parcel of record at the date of the adoption of the Open Space and Conservation Elements. 4.03.3 Development Standards A. Any use, development or alteration of a parcel shall have a minimum average amount of land area per dwelling unit and a maximum amount of land coverage as calculated by the following rules: -10- 1) For the purposes of this section the average slope of any any parcel shall be determined by the formula S=.00229XIXL where: S is the average slope expressed A as a percent; I is contour interval in feet; L is the combined length of contour lines in feet; A is the total parcel area in acres. Calculations of the average slope, S, shall be prepared by a registered civil engineer or land surveyor. 2) The minimum land area per dwelling unit and maximum land coverage on a parcel shall be determined by the following table: Average Slope (%) 15-25 25-30 30-35 35-40 40-45 45-50 Over 50 Minimum Land Area/ Dwelling Unit 7500 10000 20000 1 3 5 10 Sq. Ft. Sq.Ft. Sq.Ft. Acres Acres Acres Acres Maximum 40% Land Coverage (% of Parcel) 35%30%25%20%10% B. The building height, minimum lot sizes, and setback standards specified by the base district may be increased or decreased if such an increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of this section. C. For any residential use, development or alteration of a parcel included in this district, the following building types are permitted: single family detached dwelling units, duplexes, and multiple-family dwelling units; provided however, that the maximum number of dwelling units that would be permitted pursuant to the standards of the base district in which the use, development or alteration is located. D. Within six months after the commencement of grading activities, all graded areas not covered by impervious surface shall be stabilized by vegetative means approved by the Planning Department. No final approval of construction shall be given unless there is evidence of eighty (80) percent land coverage by vegetation and a program of landscape maintenance to assure continued growth and effectiveness of vegetation which has been approved by the Planning Department. E. Vegetative coverage and stabilization of graded areas shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climatic, soil, and ecological characteristics of the region. Plant material that requires excessive water after becoming established should be avoided. Native dry climate grasses and other xerophytic materials shall be selected wherever feasible. -11- .' Siting and location of all roads, buildings, and other structural improvements or land coverage shall be designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics. G. No use, development or alteration shall create uniform, geometrically terraced building sites which are contrary to the natural land forms, substantially detracted from the scenic and visual quality of theCity or substantially change the natural characteristics of existing major water courses, established and mature live oak, dominant vegetative communities, or habitats of endangered species of wild life. H. No permit shall be issued for any development, use or alteration within this district that is found to have a significant adverse environmental impact. I. Slopes of more than 15 feet in vertical height shall be planted with shrubs and trees at appropriate spacing in addition to the grass or ground cover plants. Plants selected should be approved by the City as suitable for the soil and climatic conditions of the site. J. All slopes required to be planted shall be provided with an appropriate system of irrigation. These irrigation systems shall be designed to cover all portions of the slope. A functional test of the system may be required. K. Modifications of slope irrigation requirements may be made by the City if it is shown that due to the type of plants, the planting methods uses, and the soil and climatic conditions at the site, irrigation will not be necessary for slope planting maintenance. L. Any development within this district shall comply with all applicable Federal, State and local requirements. 4.04 Agricultural Resource Management District (RM-4) and Regulations 4.04.1 Purpose and Scope - To prevent the premature elimination of prime agricultural land and preserve said lands wherever feasible. 4.04.2 Application - The RM-4 district is shown on Exhibit D, titled Agricultural Resource Management District, designating the following areas: 1. All lands with an agricultural productivity rating of Class I and II as determined by the United States Soil Conservation Service or equivalent ratings by the State Division of Agriculture. 2. All lands being used or which were used in the year prior to the adoption of the Open Space and Conservation Elements for the production of cultivated or orchard crops; provided, however, that this subsection shall not be interpreted to include lands used primarily for grazing or production of livestock, poultry or other animals. 3. All lands where use is restricted by contract in accordance with provisions of the California Land Conservation Act of 1965 (Williamson Act, California Government Code, Sections 51200-51295) shall be automatically included in the RM-3 area. -12- 4.04.3 Development Standards The following standards of development shall apply to all lands included within the district, provided, however, that such standards shall not apply to the development of not more than one single-family dwelling unit on a parcel of record at the date of the adoption of the Open Space and Conservation Elements which is smaller than twenty (20) acres in total parcel area: A. For any use, development or alteration of a parcel, included in this district land coverage shall not exceed twenty-five (25) percent of the total parcel area, provided, however, for any parcel included in this district and included in a "General Agriculture" or "Exclusive Agriculture" base district, land coverage shall not exceed ten (10) percent of the parcel area. B. For any use, development or alteration of a parcel included in this district, at least forth (40) percent of the uncovered land shall be in one contiguous parcel of a shape and size suitable for agricultural uses that are compatible with the characteristics of the land and any non-agricultural use of the parcel. Ten (10) percent of the land preserved for agriculture by this subsection may be covered by not more than one single family dwelling unit and accessory buildings and structures and improvements used in connection with the agricultural use of the land. C. The building height, minimum lot sizes and setback standards specified by the base district may be increased or decreased if such increase or decrease is necessary for the compliance of a proposed use, development or alteration with the purpose and intent of this section. D. For any residential use, development or alteration of a parcel included in this district, the following building types are permitted: single family detached dwelling units, duplexes and multiple family dwelling units. Provided, however, that the maximum number of dwelling units shall not exceed the maximum number of dwelling units that would be permitted pursuant to the standards of the base districts in which the use, development or alteration is located. E. No permit shall be issued for any use, development or alteration of land included in this district that is found to have a significant adverse environmental impact. F. Any development within this district shall comply with all applicable Federal, State and local requirements. NOTE: This section is not to be construed to mean that parcels meeting the criteria of the Agricultural Resource Management District must be developed in an agricultural use, but is intended to perserve those agriculturally productive soils so that future options will not be irrevocably committed. -13- 4.05 Unique and Special Resources 4.05.1 Purpose and Scope A. Wildlife and Vegetation - to minimize the elimination of wildlife habitats and areas of unique and desirable vegetation. B. Recreation Lands. - To conserve, develop and utilize those areas of the City most suitable for recreational purposes. C. Aesthetics and Form - To perserve those areas of theCity that provide unique and special open space functions including, but not limited to, visual amenities, landmarks and buffers between incompatible land uses. 4.05.2 Application - The RM-5 district is shown on Exhibit E, titled Unique and Special Resource Management District, designating the following areas: A. Wildlife and Vegetation - All land and water areas defined as wildlife habitats or which possess unique and desirable vegetation. B. Recreation Lands - The Parks and Recreation Element of the General Plan delineates all lands presently secured for recreation and all lands proposed to be secured in order to establish a comprehensive parks and recreation plan for the City. C. Aesthetics and Form - Areas possessing unique visual amenities, areas utilized to buffer incompatible land uses and major landmarks. 4.05.3 Development Standards 1. Areas which sustain rare or endangered wildlife, including migratory birds, shall be preserved. 2. Development within areas of unique and desirable vegetation shall be designed in such a way as to mitigate its impact on these resources wherever possible. 3. As a part of any development process, wildlife habitats and unique vegetative areas will be identified and a program to minimize their elimination shall be adopted. B. Recreation Lands 1. Where the map titled "Prime Open Space and Conservation Areas"indicates greenbelts, water courses and linkages, an easement not less than one hundred (100) feet in width shall be provided for public recreation and access. If the gross area of such an easement exceeds ten (10) percent of the total parcel size, the City shall compensate the owner. -14- 2. Major places of employment shall have recreational facilities or open space available for their employees. 3. Creeks, utility easements, and other open space areas shall be utilized as part of an overall master plan for parks and recreation facilities. 4. Open Space lands held by the public for recreational use shall be accessible and should be provided with essential utilities, public facilities and services. C. Aesthetics and Form - The following areas shall be identified and preserved as open space wherever possible. 1. Hillsides, hilltops, valleys, beaches, lagoons and lakes that provide visual and physical relief to the Cityscape in the form of natural contrast to the built-up, man-made scene. 2. Open Space areas which define neighborhood, district and City identity. 3. Unique topographical features or natural rock outcroppings and other notable landmarks. 4. Areas of significant historical value. 5. Prime vista sites; 6. Scenic and historical corridors (refer to the Scenic Highways Element of the General Plan). NOTE: A visual analysis of the City, including major views, significant lines-of-sight, etc., shall have to be undertaken to determine which of the above areas shall be included in this district. -15- 5.00 Subdivision or Division of Parcels 5.01 Permits Irrespective of any other section of this Ordinance, a Resource Management Permit is required for the use, development or alteration of a parcel included in a Resource Management District if such parcel was created by subdivision of an existing parcel, and the fee in- terest in the parcel created by subdivision is held by a person other than the persons who held fee interest in" the parcel at the time of its creation by subdivision; provided, however, that this Section shall not apply to any parcel created by subdivision of an existing parcel which was twenty (20) acres or less in total parcel area and included only in the Agriculture Resource Management District (RM-2). 5.02 Recordation When any parcel included in a Resource Management District is subdivided, the deeds, tentative and final maps and any other recorded documents for that parcel shall indi- cate the restrictions concerning land coverage, average amount of land area per dwelling unit, building site area, setbacks, height limits, parcel configuration, reservation of uncovered land, and easements imposed pursuant £6 this Ordinance land;' tmeo allocation of land coverage and allowable number of dwelling units among the several parcels created by subdivision of a parcel. 5.03 Calculation of Land Coverage and Densities A. The standards of this Ordinance relating to land cover- age, reservation of uncovered land for agriculture or natural resources and average amount of land coverage per dwelling -unit >shall be calculated, using as a basis the total gross area of existing parcels, irrespective " of any subsequent subdivision. B. The sum total of land coverage on all of several parcels created by subdivision of an existing parcel shall not exceed "the maximum number of dwelling units which would be permitted on the existing parcel. C. The sum of dwelling units on all of several parcels created by subdivision of an existing parcel shall not exceed the maximum number of dwelling units which would be permitted on the existing parcel. D. The sum total of the uncovered land reserved for agri- culture or natural resources on all of several parcels created by subdivision of an existing parcel shall not be smaller than the amount of uncovered land which would be required for the existing parcel. -16- E. The subdivision of land shall not be used to evade any other restriction or standard of this Ordinance. 6.00 Open Space Resource Management Permit 6.01 When Required An Open Space Resource Management Permit will be required for any use, development or alteration of land identified by this Ordinance or for which the requirements of the City of Carlsbad Environmental Protection Ordinance of 1972 apply. Irrespective of any other section of this Ordinance, no permit shall be required for any non-conforming use that is allowed to continue by Section 9.00; or for any minor modification or alteration of existing land, structures, or buildings which involves new land coverage of less than two hundred (200) square feet. The fact that an Open Space Resource Manage- ment Permit is not required does not preclude the City from enforcing the provisions of this Ordinance through appropriate legal actions. 6.02 Information Required A. Where any law or government authority requires an environmental impact report such reports shall accompany a permit application. B. The Planning Director may require that any information necessary to demonstrate compliance with the applicable standards of this Ordinance accompany a permit application. 6.03 Combined Applications and Permits If land is in more than one Resource Management District, applications for Resource Management Permits shall be combined and the determination as to whether permits will be issued shall be treated as if the application were for only one Resource Management District. If a permit is issued, it shall be for all Resource Manage- ment Districts in which the applicant's land is included. No combined permit shall be issued unless all applicable standards have been complied with. 6.04 Effect of Permit Issuance It is the policy of the City Council in enacting this Ordinance that all possible efforts be made to coordinate the issuance of Open Space Resource Management Permits with the issuance of permits required by other City entities in order to promote efficient and comprehensive administration of all City ordinances and to alleviate -17- administrative problems for the permit applicant. To forward this policy, the Planning Commission shall, to the extent feasible, consult with other governmental entities whose technical knowledge would be helpful to the determinations made pursuant to this Ordinance or where other permits must be issued in order for a permit applicant pursuant to this Ordinance to undertake any use, development, or alteration of his land. Such governmental entities shall include but are not limited to Coastal Conservation Commission and the County Air Pollution Control Board. The issuance of a Resource Management Permit confers no legal right to use, develop or alter any land. 6.05 Permit Procedure A. An Open Space Resource Management permit shall be obtained upon application by the proponent or .when determined by the Planning Director that a use, development or alteration of land involves: 1. A discretionary permit as required by other City Ordinance 2. A ministerial permit where the subject parcel for iwhich a permit is being requested, is determined to be in an Open Space Resource Man ag ement Z one. B. Determinations concerning applications for permits shall be set down in writing and shall state briefly the reasons for any actions taken. C. Determinations concening applications for permits shall be made within sixty (60) calendar days of the filing of the permit application. 6.06 Standards for Issuance of Permits A. If an applicant for a permit has not submitted the information or environmental impact report which may be required to accompany a permit application pursuant to this Ordinance, the Planning Commission shall deny the permit application and no permit shall be issued. B. When an environmental impact report is required, the applicant shall demonstrate that any significant adverse environmental impact has been mitigated to the fullest extent feasible. 1. If the Planning Commission finds that all significant adverse environmental impacts have been mitigated to the fullest extent feasible and that all other applicable per- formance standards of this Ordinance have been complied with, the Commission shall approve the permit application. 2. If the Planning Commission finds that all significant adverse environmental impacts have not been mitigated to the fullest extent feasi- ble, the Commission may impose such conditions and restrictions as may be necessary to miti- gate such adverse impacts to the fullest extent feasible. Such conditions and restrictions may decrease the density or intensity or the proposed use, development or alteration if suclj=a decrease will mitigate the adverse environmental impacts. Upon acceptance by the applicant of Isuch condi- tions and restrictions and if the Planning Commission finds that all other applicable performance standards have been complied with, the Commission shall approve the permit application and issue the permit. 3. If the Planning Commission finds that all signi- ficant adverse environmental impacts cannot be mitigated by the imposition of conditions and restrictions, the permit application shdll be denied. C. When an environmental impact report is not required, if the Planning Commission finds that all other applicable performance standards of this Ordinance have been complied with, the Commission shall approve the permit application; otherwise, they shall deny the permit application and no permit shall be issued. 6.07 Environmental Impact Reports If any use, development or alteration for which a Resource Management Permit is required to file an environmental impact report, a negative declaration that the proposed use, development or alteration will have no significant adverse environmental impact shall not be accepted J.by any City public agency in lieu of an environmental impact report without the concurrence of the Planning Commission. 7.00 Appeals to the City Council A. The determination of the Planning Commission in connection with Resource Management Permits, Variances and Exceptions shall become final after a period of ten (10) calendar days unless an appeal to the City Council is filed therefrom. -19- Any appeal not filed within the ten (10) day period shall not be considered. The filing of an appeal stays proceedings in the matter. B. Any person may appeal the determinations of the Planning Commission in connection with Resource Management Permits, Variances, or Exceptions. C. The appeal shall set forth the manner in which the determination fails to conform to the standards of this Ordinance or any other applicable law, or why any conditions are improper. D. Consideration of the appeal shall be at a public hearing not more than thirty (30) days subsequent to the date the appeal is set for filing. Hearings may be continued until a later date within a reason- able time period of the first hearing. E. Notice of such public hearing shall be provided by the Planning Director in the manner prescribed by the City Zoning Code to the appellant, to the owner of the property with which the appeal is con- cerned and to all persons owning property within three hundred (300) feet of the exterior boundaries of the property with which the appeal is concerned. F. If the City Council determines that the determination of the Planning Commission is one which: 1. Fails to conform to the standards of this Ordinance or any other applicable law; 2. Imposes improper conditions; it shall reverse or modify, in whole or in part, the determination of the Planning Commission, otherwise the City Council shall affirm the deter- mination of the Planning Commission. G. If the City Council fails to act on the appeal with- in thirty (30) days of the date the appeal is set for filing, such failure to act shall be automatically deemed an affirmance of the determination of the Planning Commission, provided, however, that the City Council may, Jby resolution, extend the date of auto- matic affirmance for a reasonable period of time. 8.00 Variances and Exceptions 8.01 Variances A. Applications for variances shall be to the Planning Commission. -20- B. Consideration of the application at a public meeting or public hearing shall be set for a date not more than thirty (30) days subsequent to the date the application is set for filing. Hearings may be continued until a later date within a reasonable time of the first hearing. Notice of such public hearing or meeting shalli be provided in accord- ance with Section 7.00. C. Variances from the standards of this Ordinance shall be granted only if the Planning Commission finds that because of special circumstances applicable to the property, including size, shape, topography, location of ^surroundings, the strict application of ithe standards of this Ordinance deprives such property of privileges enjoyed by other property in- -this vicinity, and in the same Resource Management District. Any variance granted shall be subject to such conditions as will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and in the same Resource Management District. This section shall be literally and strictly in- terpreted and enforced so as to protect the interest of the public in orderly growth and development of the City and in the preservation and conservation of resource management and open space lands. D. Determinations by the Planning Commission in con- nection with variances shall be set down in writing and members of the Commission may state reasons for their actions. Determinations by the Planning Commission in connection with variances shall be made within a reasonable time period from the date of hearing or continuance thereof. E. Appeals to the City Council shall be pursuant to Section 7.00. 8.02 Exceptions A. Applications for Exceptions shall be to the Planning Commission. Consideration of applications shall be in accordance with Section 8.01 (b). B. Exceptions from the standards of this Ordinance shall be granted only if the Planning Commission finds that the applicant has demonstrated that the land in question should not have been included in a Resource Management District by the criteria established for "Land Included" for that Resources Management District. Determinations by the Planning Commission in con- nection with Exceptions shall be set down in writing and Commission members may state briefly the reasons for any actions taken. Determinations shall be made within a reasonable time period from the date of hearing or continuance thereof. 9.00 Non-Conforming Uses 9.01 Uses of land structures that do not conform to the standards established by this Ordinance which law- fully exist at the date of the adoption of this Ordinance and the use, development or alteration of property which is a vested right under any permit on the date of the adoption of this Ordinance may be continued, transferred or sold. If any such use ceases for a period of one (1) year, subsequent aee" of such land shall be subject to the standards of this Ordinance and shall not be permitted to continue as a non-conforming use. 9.02 Ordinary maintenance and repairs may be made for any non-conforming use and structures associated with that use provided that such maintenance or repair does not structurally alter any structure or involve any addi- tional land coverage. 9.03 If any building or structure associated with a non-- conforming use is destroyed by fire or other disaster, it may be replaced without conformance to the standards of this Ordinance if twenty-five (25) percent or more of the value of the structure prior to the disaster remains after the disaster and the replacement will be no larger or involve more land coverage than the destroyed structure. -22- MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: CITY ATTORNEY DATE: December 26, 1973 RE: Open Space Zoning Ordinances As the Council is aware, the City of Carlsbad is obli- " gated by State law to enact an open space zoning ordinance by December 31, 1973. The ordinance, or series of ordinances, must be consistent with the City's Open Space Plan and should insure that the goals and policies of the Plan will be realized. The Planning Department is in the process of developing a series of ordinances to implement the Open Space Plan. Their effort is similar to that of other cities in our region and it seeks to combine hillside development standards with a flood plain overlay zone with an open space zone with a revised agricultural zone with a special resources overlay zone into a coordinated program to achieve the goals of the Plan. The Planning Director has reported that the open space zoning ordinances will not be ready for public hearing until after the December 31 deadline. He has asked that this office prepare an interim open space zoning ordinance to protect significant open space lands in our City while his department completes its work. The use of the interim ordinance procedure of Section 65858 of the Government Code for this purpose has been suggested by the Assembly Select Committee on Open Space Lands in their Open Space Zoning Handbook which was prepared to assist cities in meet- ing the State deadlines. That section authorizes the Council to adopt as an urgency measure an interim ordinance prohibiting any use which may be in conflict with a contemplated zoning pro- posal which the City has under consideration. The Council may act, when necessary to protect the public safety, health and welfare, without following the procedures otherwise required ' preliminary to the adoption of a zoning ordinance. A four-fifths vote is required for adoption of the ordinance which will be effective for a four-month period. After a full public hearing, the measure may be extended for eight months. In response to a request from the Planning Director, the City's general plan consultant prepared an outline for an interim ordinance along the general lines established by the Coastal Commission. A permit procedure is established fovr any develop- ment within areas tentatively identified as "open space areas". The procedure contemplates the application of a set of standards December 26, 1973 - Page Two to each project to insure that no development will occur in these areas that is inconsistent with the Open. Space Plan and the open space zoning ordinances now under consideration. A draft ordi- nance including- permit standards has been prepared by the Plan- ning Department. This office has put the draft into ordinance form for your consideration. VINCENT F. BIONDO, JR. City Attorney VFB:af o< 8> i 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 29 30 31 32 ORDINANCE NO, 9375 ' AN EMERGENCY ORDINANCE AS AN URGENCY MEASURE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AN INTERIM OPEN SPACE ZONING ORDINANCE TO INSURE THAT'ALL DEVELOPMENTAL ACTIVITY WITHIN DESIGNATED RESOURCE MANAGEMENT DISTRICTS IS CONSISTENT WITH THE OPEN SPACE ELEMENT OF THE GENERAL PLAN AND TO PROTECT CERTAIN OPEN SPACE LANDS PENDING ADOPTION OF A COMPREHENSIVE OPEN SPACE ZONING ORDINANCE. WHEREAS, the California Legislature has enacted laws which require that the City of Carlsbad adopt an open space plan for the - comprehensive and long-range preservation and conservation of open space land within the City and an open space zoning ordinance consistent with said plan by January 1, 1974; and WHEREAS, while the City has adopted an Open Space Plan and has a series of open space zoning ordinances under consideration, the process will not be complete in time to comply with the dead- line mandated by State law; and WHEREAS, the failure by the City to comply with the dead- line will, in the absence of this urgency measure, result in a cessation of all building within the City which will have seriously adverse effects on the public health, safety and welfare; and WHEREAS, this urgency measure is also necessary to insure that the open space lands within the City identified by the adop- tion of the Open Space Plan are preserved pending the adoption of the open space zoning ordinances now under consideration; and WHEREAS, the City Council of the City of Carlsbad has determined that this ordinance is necessary in order to comply with the State mandate that the City adopt an open space zoning ordinance by December 31, 1973; NOW, THEREFORE, the City Council of the City of Carlsbad, % California, does ordain as follows: SECTION 1: The draft ordinance entitled: 4 8 26 27 28 "AN ORDINANCE, CREATING OPEN SPACE RESOURCE MANAGEMENT DISTRICTS, DEFINING LANDS WHICH HAVE SPECIAL NATURAL AND CULTURAL CHARACTERISTICS, PROVIDING STANDARDS FOR THE USE OF LAND WITHIN DISTRICTS, PROVIDING FOR THE COMPILATION OF INFORMATION CONCERNING THE NATURAL ENVIRONMENT AND CULTURAL RESOURCES, PROVIDING FOR ADMINISTRATION AND ENFORCEMENT PROCEDURES, PROVIDING FOR VARIANCES, EXCEPTIONS AND APPEALS, AND PROVIDING FOR OTHER MATTER PROPERLY RELATING THERETO," marked Exhibit "A", attached hereto and incorporated by reference herein, is hereby adopted as the Emergency Interim Open Space Ordinance for the City of Carlsbad EFFECTIVE DATE: This Ordinance shall be effective immedi- ately upon passage. The City Clerk of the City of Carlsbad shall certify to the adoption of this Ordinance and cause it to be pub- lished once in the Carlsbad Journal within fifteen (15) days after its adoption. INTRODUCED, PASSED AND ADOPTED at an adjourned regular meeting of the City Council of the City of Carlsbad, California, held on the 28th day of December, 1973, by the following vote, to 10 11 12 13 14 15 16 17 Iwit: 18 AYES: 19 NOES: 20 ABSENT: 21 22 DAVID M. DUNNE, Mayor 23 ATTEST: 24 25 J MARGARET E. ADAMS, City Clerk (SEAL) 29 30 31 32 2.